A Moniteau County judge has struck down key provisions of a 2022 order by the Pettis County Commission aimed at preventing the development of a landfill north of La Monte.
In his 21-page ruling handed down Wednesday, Oct. 8, Judge Kenneth Hayden ruled that four provisions of the order enacted by the commission prohibited what state statute and Missouri Department of Natural Resources permits. Specifically, Hayden wrote that the commission’s final order enacted in February 2022 that mandated setbacks effectively blocked the development of any new landfill in Pettis County.
Intervenors Presidio Environmental Services, the parent company of the firm seeking to develop a solid waste management facility on 628 acres north of La Monte, argued that the order violated state law because it allowed exceptions for municipal-owned facilities and an active landfill operated by GFL just outside Sedalia. Hayden found that earlier versions of the proposed order had less restrictive setbacks, and that the County had not hired any consultants to conduct a study to find any support to their claims of negative health impacts. Hayden was also critical of the order not mentioning the risk of trash fires, height limits, or setbacks from any drinking water sources despite those specific concerns being raised at public hearings.
The ruling also struck down the requirement that a DNR permit must be obtained before Pettis County would issue a permit. Hayden found that this provision contradicts state law which requires DNR to verify that a proposed facility is in compliance with all applicable local zoning, building and health codes, and ordinances before a state permit is issued. He also struck down the section prohibiting the transfer of construction and operating permits, which Hayden notes is also expressly allowed by state statute.
The ruling left intact the remainder of the commission’s order. In a statement released Thursday afternoon, the Pettis County Commission said they were reviewing the ruling and evaluating all available options. They added: “Our top priority continues to be supporting the citizens of Pettis County and safeguarding the health, safety, and well-being of our communities. The Commission remains committed to ensuring that any future solid waste development aligns with the long-term well-being of Pettis County residents and the responsible stewardship of our local environment.”
The case had been filed in Pettis County in May 2022 and moved to Moniteau County the following December on a change of venue request.