Marion County approves new trash services


Trash service continues to be a topic of concern for many residents in Marion County and is one that both the Marion County Board of County Commissioners and the Planning and Zoning Commission have been working on for a few months now since trash service was discontinued for parts of the county.

Today’s meeting got the county closer to solving the issue when Planning and Zoning Director Sharon Omstead met with the board regarding Case No. PC-22-01 Application for a Conditional Use Permit, filed by Calvin D. Wiebe, requesting a Conditional Use Permit to establish a trash service company at 3171 Alamo, Durham, Kansas, Located in the “A” Agricultural District.

Wiebe filed the application back in December and then a date for the Planning and Zoning Commission hearing was set for Jan. 13 and announced in order to give time for anyone to protest.

Omstead explained that the notice was published in the Marion County Record on Dec. 22, 2021, and notices were mailed to property owners within 1,000 feet of the affected parcel on Dec. There have been no outside comments or opposition from the public.

“He would go around to residents and private properties to gather trash and that trash will then be taken to the Marion County transfer station. There will not be any trash stored onsite unless the transfer station is closed. The intent is not to have any waste dumped on-site at his property or stored for more than overnight or on the weekend until the station is open,” said Omstead.

Omstead further explained that Kansas Department of Health and Environment (KDHE) does not regulate the collection and transportation of household waste. Guidance is provided through the Kansas Administration Regulations in Section 28-29-22.

Omstead said, “The trash truck will be parked at the residence. Trash will be taken to the Marion County Transfer Station. The benefits of the service being provided outweigh any negative impacts there may be. The negative effects of not approving the conditional use far outweigh the negatives of approving it. The location of the business is in a suitable place that isn’t likely to affect the neighbors.”

She explained that the land around his tract is all agricultural.

“The nearest house is over 4,000 feet away. There is not expected to be any more traffic per say. They would be repeating the traffic of any trash service that had previously been serving there. The request is consistent with the spirit and intent of the zoning regulations and we believe this particular use will benefit the larger Marion County and the overall agricultural operation. In addition, the new trash service is absolutely a necessity for the communities and rural areas that have lost their current trash collection and without a way to transport and dispose of trash correctly, I fear that sanitary issues will become prevalent,” said Omstead.

Omstead further talked about how there are no other options to dispose of trash safely as burning trash is not an option.

Calvin Wiebe stated in his application that Waste Management had pulled their trash service from the

area and they have had no trash service since mid-December of 2021. He has purchased a trash truck and it will be stored on the property by his agricultural equipment. He will store unused dumpsters behind the row of trees on his property. The paperwork for his business will be done in the office of the house.

Omstead reported that in the Planning and Zoning meeting, Wiebe stated it is just him and his son who will be doing it all. They are the co-owners of the business. There is a possibility to add employees and trucks in the future. He doesn’t have plans to do so any time soon unless a town would sign on for trash service.

Their target area for now is north of Highway 56. They have also had a few calls south of Marion and haven’t turned anyone down yet.

According to notes from the Jan. 13 Planning and Zoning meeting, the Nisely’s are taking care of a 5-

mile radius South of Highway 56. Wiebe will be picking up all the way to Lincolnville.

Wiebe doesn’t plan to have more than two or three trucks and potentially some roll-off containers. The business may grow into accepting construction and demolition waste that would be transferred to Marion for an additional fee. They may also serve areas in McPherson and Dickinson County in the future, but their waste would have to go to their designated landfill or transfer station.

Omstead explained that the board can make a condition to allow a certain number of trucks or make them come back to revise their development plan if they wish to exceed that number. The Planning and Zoning Committee had proposed a 5-truck maximum which Wiebe agreed with and the commissioners also felt agreed that was fair.

Weibe and Omstead explained that the trucks are stamped at 5,400 pounds.

Commissioner Dallke thanked Wiebe for starting a needed business and asked about the charges. Wiebe replied that he wasn’t sure, but he knew that when he pays his property tax there is a $73 charge.

Dallke said, “Are we charging our businesses —is everything being brought to us in a fair manner for businesses in our communities, outside our communities—if he goes and starts picking up business outside— if the rules was (SIC) put together with some coordination at the time to try to come up with this kind of stuff whether there is two trash carts, two dumpsters setting up at a business or something like that. You don’t have to know this, but I’m just saying I thinkwe need to know. We don’t know what’s going to happen with the south end and if Waste Connections continues to drop out of our county and do different things. We don’t know who the police is. We don’t have no (SIC) police officers to keep it fair. We’re gonna have to make our transfer station pay for itself or we will have to raise the residential fee. We need to think about what we’re doing.”

Wiebe said that he did put it into his application that if he picks up trash in another county it will go to that county.

The board approved of the proposed Conditional Use Permit with the following conditions: Applicant must come back to the Planning Commission to request an amendment to the Development Plan if the future expansion will exceed five trash trucks.

In other business, the board:

n learned that Clifford Hett resigned as Fairplay Township Treasurer and Rhonda Curry is willing to take the remainder of his term. The board approved this.

n heard about a potential clean-up day at the Marion County Lake by Marion County Park and Lake Superintendent Isaac Hett.

n interviewed Kelly Law Office and Klenda Austerman Law regarding collecting delinquent property taxes. Commissioners appreciated both firms and the services offered. Commissioner Jonah Gehring asked staff to make a recommendation at next week’s meeting.

n met in executive session with Marion County Health Department Director Krista Schneider regarding personnel.

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