While everyday life has carried on around it, a landfill leaking explosive amounts of methane gas for three years near pricey neighborhoods in south Forsyth County has been a quiet problem.
"Most of these people probably don't know it is a literal powder keg," said Mike Dye, scanning two-story tract homes several hundred yards away from the 3 1/2-acre landfill, which sits in the middle of an abandoned subdivision.
The developers, a web of limited liability companies, walked away from the land off Windermere Parkway shortly after the problem was discovered and are now in bankruptcy, leaving no one responsible for the cleanup.
A document from the state Department of Natural Resources calls the leaking gas an "imminent and immediate threat to the public." A spark -- a tossed cigarette, an unprotected electrical current -- in an enclosed spot where the gas accumulates, such as the storm-water piping or one of the four unfinished houses, could cause an explosion.
The landfill is buffered on all sides by 55 acres of empty land, eroded lots, weeds and paved roads leading nowhere.
With the developers gone, with the lenders backing the project trying to keep at arms length and with Forsyth County unwilling to step in, Dye, president of Edge City Properties, is proposing to fix the problem. He is negotiating to buy the land, dig out the landfill and restart the development.
"That property is in one of the best-selling areas in metro Atlanta. So, if I can get rid of the problem, it's going to be a win-win situation," Dye said.
He would get the land at a bargain price. The state and county, which has leveled about $2 million in erosion violation fines against the developer, would get rid of the problem.
County Commissioner Jim Boff, whose district contains the abandoned subdivision, thinks it could be a good solution and is willing to forgive the county fines after Dye makes his promises good.
The landfill, filled with construction and demolition debris, is in the middle of the Overlook at James Creek, a planned 157-home development near Ga. 400. It is surrounded by subdivisions where the priciest homes approach $1 million. State documents identify the original partners in the corporations developing it as Jeff Chance, Steve Hornyak and Nick McAbee, developers from Suwanee. They could not be reached by phone.
The developers knew the landfill was there but planned to leave it undeveloped and use it as green space, according to the county site plan. That is an acceptable use for a covered landfill, according to the state Environmental Protection Division, which was monitoring the landfill.
Jeff Cown, manager of the EPD's Solid Waste Management Program, said the developers piled dirt on top of the landfill's soil cap as they graded the property. The dirt blocked the release of methane gas, generated by decomposing wood and other debris, into the atmosphere. Although the gas began migrating horizontally through the soil, it has not crossed beyond the property boundaries.
The EPD detected the problem March 29, 2007, near the time the developers sold part interest in the land to another corporation.
About a week later, the EPD issued letters to the controlling corporation, Riverbrooke Capital Partners, warning of the danger and directing it to take actions, such as blocking access to the land and putting up no smoking signs, while the problem was fixed. On April 25, 2007, Riverbrooke Capital Partners filed for bankruptcy and the problem has been an orphan ever since.
With former owners in bankruptcy and their lenders unwilling to take over the problematic abandoned property, there has been no one to take before local or state authorities, and no one worth suing because there are no assets from which to collect.
"It is very tough getting to these folks" Cown said.
That is why Dye's proposal has been warmly welcomed.
County Commission Chairman Charles Laughinghouse said, "If someone is willing to step forward and work with the county to alleviate the problem, I feel fairly certain the county would work with them."
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