Culbertson confronts landfill crisis, approves interim hauling and seeks long-term contract

Culbertson officials spent much of 1994 grappling with the financial and operational consequences of new landfill rules and the withdrawal of neighboring towns that had shared disposal costs.

At a Jan. 3, 1994 council meeting, town engineers and the State Solid & Hazardous Waste Bureau confirmed the community could open a new trench and fill it in staged lifts under the plan submitted by engineer Barry Damschen. The council adopted Resolution No. 276 directing landfill operations be conducted in accordance with the state-referenced plan.

Those assurances did not resolve the larger cost problem. By February, council members reported that Bainville had begun hauling its waste to Williston, and the projected per-customer increase for full EPA Subtitle D compliance rose to roughly $32.90 per month; a more limited liner-exemption path with a no-migration petition was estimated at $17.38 per month but required an expensive hydrogeological study ($6,000–$10,000) and carried about a 75% chance of approval.

The town polled residents at an April 7 public meeting; about 77 people attended. Officials presented six options ranging from full Subtitle D compliance to hauling household waste to Sidney or Williston and operating only a Class III convenience landfill locally. The straw vote favored hauling to Sidney for household waste while maintaining a Class III site for local disposables.

That week, legal and operational complications intensified. L & L Sanitation’s operator, Lynn J. Labatte, indicated he would not perform hauling or landfill duties under the existing contract once Culbertson’s landfill operation changed. Town attorney Greg Hennessy advised the council the contracts were rendered impossible to perform where the landfill could not be used as written; he said only the lawful portions of existing contracts (basic gate coverage and minimal covering/Type III activity) would remain. The council accepted an emergency interim offer from L & L Sanitation to haul in April at the contract price plus mileage and dump fees (Labatte suggested a $1.40/mile hauling rate for longer trips) to avoid a temporary accumulation of refuse.

After advertising for bids, on May 2 the council approved a new garbage collection contract with L & L Sanitation (Lynn J. Labatte) effective May 1, 1994 through June 30, 1995. The contract consideration recorded in meeting minutes was $6,019.47 per month ($72,233.60 per year); payments for April interim hauling and landfill operations were also approved.

Throughout spring and summer the council also implemented operational changes: it adopted emergency rate and landfill-fee ordinances, set Class III landfill hours and gate fees, established ticket sales locations for nonresident loads, and hired gate attendants. The town also contracted Damschen & Associates for engineering work and authorized the three-well hydrogeological testing option to inform possible no-migration/exemption requests.

What remains unresolved in the record is whether the hydrogeological work eventually produced a no-migration finding; the minutes document testing was authorized and crews scheduled, and they record ongoing negotiations and the enacted new contract and rate structure as the principal immediate remedies. The council’s next steps were to implement Class III operations, collect gate fees, and complete reclamation and closure planning under direction from the state and its engineering consultant.