Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, June 9, 1990 TAG: 9006090411
SECTION: VIRGINIA PAGE: A-8 EDITION: NEW RIVER VALLEY
SOURCE: By MARY BISHOP STAFF WRITER
DATELINE: LENGTH: Medium
The filing of a notice of appeal in Richmond this week by Kim-Stan attorney Joe Roberts does not assure that the company will go through with an appeal. "We're not sure," Roberts said Friday.
To do so, however, he was required to file the notice with the state Department of Waste Management by June 7 - a month after department Director Cynthia Bailey ordered Kim-Stan's permit revoked.
Kim-Stan now has until July 4 to file an appeal in Richmond Circuit Court.
An Alleghany County judge, citing numerous violations of Virginia environmental laws and acting at the request of the office of Virginia Attorney General Mary Sue Terry, closed the private dump west of Clifton Forge on May 10.
Kim-Stan had taken thousands of truckloads of out-of-state garbage since 1988 and created a statewide controversy over the importation of waste.
The struggle by local residents to close the dump swung into high gear a year ago with the discovery of a fish kill near the landfill. State environmental regulators said Kim-Stan's pollution killed the fish.
This week, investigators with the State Water Control Board found 15 to 20 dead fish in Simpson Creek near a truck stop used by drivers who brought garbage to Kim-Stan from Northeastern states.
Neal Obenshain, acting director of the board's regional office in Roanoke, said his office received information that garbage trucks were cleaned at the Ponderosa Truck Stop, but he did not know if runoff had any role in the fish kill.
Obenshain said his staff is checking for possible leakage at an old sewage lagoon said to have been used by the truck stop.
The truck stop, near the old Longdale iron furnace several miles east of Clifton Forge, closed shortly after Kim-Stan's shutdown. Truck stop owners could not be reached Friday.
by CNB