Attorney says construction company didn't know makeshift dump was illegal as large cleanup begins
Cleanup of a makeshift dump filled concrete, construction material and a variety of junk in Ypsilanti Township has begun.
Tom Perkins | AnnArbor.com file photo
- Previous story: Ypsilanti Township asks judge to address illegal dump full of concrete, construction materials
An Ypsilanti-based concrete company that dumped waste on another business’s private property in Ypsilanti Township is beginning a cleanup of the site.
The illegal dump was discovered earlier this year just south of Congress Street and east of Hewitt Road in Ypsilanti Township.
William Babut, an attorney for Hearns Concrete owner Shawn Bell, said his client was unaware that he was illegally dumping concrete, construction debris, broken down automobiles and other junk on the property.
Bell inherited the company from his father, Jerry Hearns, and the property was already being utilized for dumping, Babut said.
“I think that (Bell) was unaware of where the exact property lines were,” he said. “His father had some prior understanding that it was OK, so I don’t think Shawn did anything in bad faith.”
Piles of concrete as deep as four feet were found in an approximately 1.5-acre clearing on 17-ares of heavily wooded lot owned by Lincorp Holdings, a multinational land holding company.
Officials believe Hearns has been dumping concrete on the site for 10 years. Township attorneys are working to locate Lincorp, which has a last-known address in Toronto.
An approximately 350-foot driveway leads to the clearing. Bell’s uncle owns a house that shares the driveway and abuts the Lincorp property.
A driveway belonging to a relative of Hearns' owner leads back to the dump site in the middle of a heavily wooded area.
Tom Perkins | For AnnArbor.com
The township filed a lawsuit asking a judge to order the property cleared of the debris, and officials say they are pleased that Bell is already removing junk from the site.
“He is being very cooperative,” said township building director Ron Fulton. “We came to an agreement on what had to be moved, and he pledged to move forward as his time allowed. We’ll verify that he’s restoring it to original grade level.”
The cleanup effort comes as Hearns' city of Ypsilanti property was listed on the Washtenaw County tax foreclosure auction list. Babut said Hearns is now operating out of the company's Sumpter Township location and no longer uses the Ypsilanti location.
Fulton estimated the cost of bringing approximately 100 truckloads of concrete at 20 cubic yards per load and to a legal dump would be at least $80,000.
But Babut said Bell plans to dump the concrete at Hearns’ Sumpter Township property at 47690 Willow Road, which would significantly lower the cost of a cleanup. Hearns also has its own equipment and trucks to complete the job.
Babut said Bell plans to start removing the concrete and return the land to its original grade as soon as the site is dry enough.
“We spent a lot of time last week with the attorneys and township officials. Ron Fulton spent a lot of time going over the whole site, and it was a very positive meeting. The township understands he’s going to need a little time to do this,” Babut said.
Fulton said the current agreement gives Hearns 90 days, but the township is willing to extend the deadline if it looks like the cleanup effort is moving forward.
"I’m pleased that they are taking seriously and cleaning it up,” Fulton said.
Tom Perkins is a freelance reporter. Contact the AnnArbor.com news desk at news@annarbor.com.
Comments
Nicholas Urfe
Mon, Jun 17, 2013 : 5:34 p.m.
Who seriously believes he truly thought it was "okay" to dump an enormous amount of his business waste on someone else's property - for years? What was the thought process? Was it "I don't know who owns that land, but gosh, we'll keep dumping truckload after truckload of waste until someone tells us to stop! Because, golly, it sure is better than paying for legitimate waste disposal!" Seriously - what could he have possibly been thinking under the guise of "didn't know"? Isn't the concept and law of "don't litter" taught to everyone while they are children?
garrisondyer
Mon, Jun 17, 2013 : 6:59 p.m.
Sadly, that concept frequently ins't taught. It boggles my mind and infuriates me to no end, but the exact opposite is taught and learned in numerous places all around the world. "Done with that thing in your hand? Toss it in the ditch by the sidewalk at the edge of the woods, that's what it's there for!"
garrisondyer
Mon, Jun 17, 2013 : 2 p.m.
"We'll verify that he's restoring it to original grade level." I'm glad this is getting taken care of, but is that really the language of their agreement?! It'd be pretty cheap to dig a large hole, smash all the junk into it, then cover it back up, leaving a simple pile of soil on your own property for use later on.... Wouldn't that be "grade level", which apparently is what they're going to be looking for?
jondhall
Mon, Jun 17, 2013 : 1:15 p.m.
Nice job Mr Fulton !
Nicholas Urfe
Mon, Jun 17, 2013 : 1:05 p.m.
It sounds like he was able to gain a significant competitive advantage in his business by ignoring the disposal laws. And we are to believe that he really thought you could just dump your trash anywhere, for years? One wonders what and where else he has dumped the byproducts of his business. Does he allow his oil to drain into the ground when it is changed? This is yet another example of how the "moneyed" classes are able to break the law for years and years at significant personal gain (saving disposal costs) then claim ignorance, and get away without even a wrist slap. A friend was once threatened with jail after a backseat passenger threw a bag of fast food trash out of his car. When my friend suggested he would go clean up that area, he was told that was not acceptable and "if convicted you will likely spend some time in jail". All over a bag of fast food wrappers that a passenger improperly discarded.
Mike
Mon, Jun 17, 2013 : 6:21 p.m.
Do you know this guy? I would not consider him any part of the monied class. Too many haters of small businesses.............
djacks24
Mon, Jun 17, 2013 : 5:08 p.m.
Dumping construction debris on a site you thought was okay to use is a little different than discarding fast food trash from a moving car having no regard with where you are.
Usual Suspect
Mon, Jun 17, 2013 : 2:08 p.m.
"This is yet another example of how the "moneyed" classes...." Oh, geez, again with the class envy?
notnecessary
Mon, Jun 17, 2013 : 1:54 p.m.
I do not really know the company personally, but judging from the size of the operation and the picture of the older equipment ... I would be very hesitant to place Mr. Bell into the "moneyed" class. He more likely closer to an average guy than an elite. To me this seems like a decent story so far -- a government agency and a citizen working with each other on reasonable terms to complete a project.
Billy
Mon, Jun 17, 2013 : 11:50 a.m.
Also....is anyone considering the amount of damage to Congress that will happen when 100 truckloads of concrete are hauled over it in season or two? Is that going to really mess the asphalt up?
arborani
Mon, Jun 17, 2013 : 6:01 p.m.
Concrete over Congress - so many random thoughts come to mind . . .
djacks24
Mon, Jun 17, 2013 : 5:05 p.m.
The 100s of truckloads of concrete had to get hauled there in the first place. Do you have another suggestion?
Tesla
Mon, Jun 17, 2013 : 3:55 p.m.
You're thinkin too much. Relax.
Billy
Mon, Jun 17, 2013 : 11:47 a.m.
"Fulton estimated the cost of bringing approximately 100 truckloads of concrete at 20 cubic yards per load and to a legal dump would be at least $80,000." Um.....isn't there a concrete recycler on Carpenter Rd. across from Meijers? I thought you didn't dump 'crete in construction debris, you recycled it? It's free to take your concrete to them I thought.
Craig Lounsbury
Mon, Jun 17, 2013 : 6:48 p.m.
Tesla, When I used to go there it wasn't in a minivan it was in a F-550 with a 14 yard dump on the back. My only point was that there were and are options to get rid of concrete at reasonable prices. Once you've been illegally dumping it for years it become problematic. But there are places that take concrete, at times for free depending on their current inventory.
Mike
Mon, Jun 17, 2013 : 6:20 p.m.
It's $6 per cubic yard which translates to $120/truck load for a ten yard truck. The guy probably did work for homeowners and others who went for the lowest price and so he dumped it on his own (at least he thought it was his own) property so he could do it cheap enough to feed his family. But it is certainly not free as some of the writers would indicate, unless they are dumping it illegally after hours and not paying..............
Tesla
Mon, Jun 17, 2013 : 3:57 p.m.
2000 cubic yards is a little different than the amount you can fit in the back of the mini van folks.
btee
Mon, Jun 17, 2013 : 2:29 p.m.
I take loads there all the time and it is sometimes free.. They do charge to dump concrete there but occasionally let you dump four free..
Craig Lounsbury
Mon, Jun 17, 2013 : 1:25 p.m.
I have taken concrete to that place on Carpenter in the past. Its been a few years for me but it was free. They crush it and sell it.
Basic Bob
Mon, Jun 17, 2013 : 10:33 a.m.
So this is a legal dump if you own the property in Sumpter Township?
notnecessary
Mon, Jun 17, 2013 : 1:57 p.m.
Concrete is often recycled and my guess is there may be a fair amount of other recyclables in the dumped materieals (scrap metal) that he may want to go through before paying huge $$ to dump them in a landfill. There's no indication of anything toxic going on, I think the issue over legality of the dumping is more about owns the property not the material dumped.
dading dont delete me bro
Mon, Jun 17, 2013 : 10:26 a.m.
ignorance is not an excuse
John
Mon, Jun 17, 2013 : 7:10 p.m.
I dislike when people mistake explanations for excuses. Please educate yourself on the difference.
dading dont delete me bro
Mon, Jun 17, 2013 : 4:09 p.m.
tdw, you tell a cop that next time you get pulled over...
tdw
Mon, Jun 17, 2013 : 3:26 p.m.
actually,sometimes it is
notnecessary
Mon, Jun 17, 2013 : 1:55 p.m.
and that is why he is spending his own money and time...cleaning it up.