Kline files illegal dumping charges against landfill

? A father and son operating a landfill have been charged with illegally dumping hazardous waste, including solvents and solid wastes containing lead at three rural Crawford County sites, the attorney general’s office said Friday.

But the office said there’s no evidence of any public health risks.

Atty. Gen. Phill Kline said Randolph Edward Vilela, 55, and John Emerson Vilela, 31, each were charged in Crawford County District Court with four felony counts of unlawful hazardous waste disposal and five misdemeanor counts of unlawful waste disposal.

The charges covered the period from Jan. 1, 2004, to April 11, 2005. The complaint against them alleges two drums of the solvent methyl ethyl ketone, one drum of material with lead, plus construction and demolition waste were discarded in violation of state law.

There’s been no evidence of the chemicals in public drinking water, and tests will be conducted on the groundwater and wells near the areas, said Ron Hammerschmidt, Division of Environment director. He said it’s too soon to say how much cleanup might be required, adding nobody was living near the dump areas.

Kline was asked if he thought Crawford County residents were safe.

“Are they safe?,” he said. “We will do everything within the law and that’s within our duty to keep them safe and inform them of any dangers.” He said some of the material was buried.

Hammerschmidt said it’s the first time in his 11 years as director that the Kansas Department of Health and Environment has taken an environmental dumping case to the attorney general for criminal prosecution.

The Vilelas were taken into custody Thursday by the Crawford County Sheriff’s Office and released on $10,000 bond each. Their first appearance in district court is set for Oct. 31.

A woman answering the phone at Vilelas’ Pittsburg office Friday said neither man was there and took a message seeking comment, which wasn’t returned.

Each felony count carries a maximum punishment of 46 months imprisonment and a $100,000 fine; each misdemeanor count is punishable by up to a year imprisonment and a $2,500 fine.

“There are no other charges at this time that we have filed and I can’t comment on whether we would file additional charges,” Kline said.

KDHE spokeswoman Sharon Watson said the Vilelas have operated a construction and demolition landfill since 1993 in Crawford County and the three dump sites were away from the landfill, on property owned by other people.

She said the question of how long the dumping may have occurred is part of the ongoing criminal investigation, although KDHE hadn’t cited the Vilelas in the past for improper disposal of hazardous waste.