It is and always has been the position of the Village of Richfield that local approvals are required to be obtained before any land filling operations can commence at 609 Scenic Road. Over the last few months there have been some confusion in determining what approvals and/or what processes exactly Scenic Pit LLC was seeking through the State of Wisconsin. On May 13, 2015 the Village was notified by the attorney for Scenic Pit LLC that they were abandoning their plan to seek local approvals and instead believed that they met all necessary requirements to dump clean fill 6 days a week for the next 10 years. They came to this conclusion because the Wisconsin Department of Natural Resources issued a WPDES construction site storm water runoff permit to Richard and Evone Holtz. Scenic Pit LLC's attorney stated that "Scenic Pit LLC intends to proceed with operational plans approved in the attached permit without further application for local approvals and negations/arbitration pursuant to WIS DOT's 289.221M." To be clear the Village has received confirmation from the Wisconsin DNR that local approvals are in fact required by Scenic Pit LLC prior to any operations commencing. This conclusion reached by the Wisconsin DNR and it's legal council and the Village of Richfield and it's legal counsel affirms that months of research and study that was conducted by staff along with thousands of dollars spent utilizing professional services. In light of these facts we continue to be prepared to take any and all necessary action in order to protect the Village.
The attorney for Scenic Pit LLC during public comments implied there is no desire to go to court.
To anyone in the audience it is possible that only time will tell if this issue has been put to bed.