Construction debris has contactors in a green stew
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Tom Hadden doesn’t want foul odors to emanate from the Metro Waste Authority landfill in eastern Polk County.
Mike Tousley, president of Weitz Iowa, on the other hand, would like a place to deposit some of the construction and demolition debris generated at Central Iowa construction projects.
You wouldn’t think the two goals would raise a stink in the halls of justice and government, but they have.
Hadden is the executive director of Metro Waste, which has been tied up in court for the last two years in a lawsuit brought by Phoenix C & D Recycling, at the moment the only business in Central Iowa that can collect and dispose of construction debris.
Phoenix filed the suit in an attempt to change the conditions of a contract it entered into with Metro Waste to deliver construction and demolition debris to the landfill as something called alternative daily cover, basically a harmless topsoil substitute spread over the landfill’s daily accumulation of garbage.
In separate rulings and one trial, a Polk County judge rejected a number of the allegations Phoenix made in the lawsuit.
Another trial over other issues in the case wrapped up last month, but it could be another 90 days before a decision is issued, lawyers for Phoenix and Metro Waste said recently.
Metro Waste stopped accepting construction and demolition debris after some of it, primarily debris that contained old plasterboard, generated a foul odor.
One recycling business closed soon after Metro Waste’s decision, although its demise was not tied solely to its inability to haul ground-up construction debris to the landfill.
Caught in the middle are contractors such as Weitz Iowa that need to be able to dispose of recyclable materials in order for projects to qualify for U.S. Green Building Council’s Leadership in Energy Environmental and Design (LEED) certification.
Weitz Iowa alone has four LEED-registered projects, including Aviva USA’s North American headquarters in West Des Moines, that are under way or have been recently completed.
Weitz Iowa, Neumann Bros. Inc. and Hansen Co. Inc. have sent letters to area mayors asking them to help work out a solution in which Phoenix can deliver the debris for free.
“The disagreement between Phoenix … and Metro Waste Authority threatens the existence of the only construction and demolition debris facility in central Iowa,” Hansen Vice President Mike Carroll wrote in one letter.
West Des Moines Mayor Steve Gaer, received letters from the contractors.
“From my standpoint, I’d like to see Metro Waste assure contractors that they can take material in a fashion that can qualify for LEED certification,” said Gaer.
Tousley said disposal of the debris has been a cost-effective way to earn LEED-certification points.
A project can earn up to two points toward certification, depending on the amount of construction debris that is recycled.
“I think the big question is what product can you produce that makes the whole chain feasible, whether it’s alternative daily cover or something else,” Tousley said. “Tom knows the sense of urgency that exists out there for folks like us. He’s committed to work with us as best he can.”
Hadden said he would like to see contractors separate debris on the construction site so that it can be delivered in a form that enables Metro Waste to determine whether it can be used for landfill cover or would meet some other use.
Hadden also noted that he is in negotiations with the contractors’ trade organization, Master Builders of Iowa, to come up with alternatives that are acceptable to all parties.