Missouri House committee hears testimony on Lichtenegger quarry bill

A proposal to limit the location of mines near schools garnered opposition from industry lobbyists Tuesday during a hearing before the House Transportation Committee in Jefferson City.

House Bill 299 was sponsored by Rep. Donna Lichtenegger, R-Jackson, after two companies applied for mining permits near Saxony Lutheran High School in Fruitland last summer.

Representatives of eight business organizations -- Missouri Limestone Producers Association, Mining Industry Council of Missouri, Associated General Contractors, Construction Employers Coalition, Missouri Chamber of Commerce and Industry, Mississippi Lime Co., Associated Industries of Missouri and Missouri Asphalt Pavement Association -- testified in opposition to the bill.

Jim Maevers, president of the Saxony school board, and Abby Petzoldt, spokeswoman for Save Our Children's Health Inc., spoke in support of Lichtenegger's bill.

Her proposal would allow the Missouri Land Reclamation Commission to deny a mining permit if the mine site is within one mile of a school, child care facility, church, nursing home, public building or cemetery.

"It's important for me personally to exhaust every opportunity we have to fight this," said Petzoldt, who also testified in February before the Missouri Land Reclamation Commission. "Even if it doesn't help us, I think the laws need to be changed to protect people."

Petzoldt said there should be a balance between the interests of businesses and the families who live nearby and the children who attend school there.

For months opponents of Heartland Materials' and Strack Excavating's quarry developments near Saxony have been fighting to stop them from moving forward.

"Anything we can do that would have a positive impact on the school concerning the quarries, we feel like we need to support that," Maevers said.

Opponents testified that the bill would hamper quarry development in the state and drive up prices.

"If doing work for a city or county or department of transportation, the closer the quarry is to the job site, the more economical the material will be," said Dale Williams, executive director of the Missouri Asphalt Pavement Association. "With fuel prices pushing $4 a gallon, hauling distance can have a significant impact."

Lichtenegger said she expected industry opposition to her bill.

"We're not trying to shut them down; we're just trying to give DNR some parameters," she said. "I'm just asking for some responsibility. The Land Reclamation Commission needs to show some accountability to these residents."

Lichtenegger said she is willing to amend the bill to change the distance between quarries and public buildings from one mile to 1,500 feet. The bill was drafted by former state representative Scott Lipke, whom she was elected to replace.

No action was taken on the bill by the Transportation Committee following the hearing.

Monday there will be a hearing in Cole County Circuit Court on a petition filed by Saxony Lutheran High School and Save Our Children's Health Inc. asking for judicial review of three decisions made by the Missouri Land Reclamation Commission in February to allow Heartland Materials to move forward with its proposed 161-acre site.

Saxony was also granted a formal hearing by the Land Reclamation Commission to review a permit application for a 76-acre mine proposed by Strack Excavating. A date for that hearing has not yet been set.

mmiller@semissourian.com

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