Will a bill stop the Fruitland quarry? - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Will a bill stop the Fruitland quarry?

FRUITLAND, MO (KFVS) -

Governor Jay Nixon signed a bill that some say puts an end to the fight of a potential quarry in Fruitland.

Companies like Strack Excavating want to start digging near Saxony Lutheran High School, but high school officials say...no way.

Lawyers for Saxony Lutheran say they rested their case at a hearing Tuesday in Jefferson City. They say any new evidence at this point wouldn't matter.

House Bill 89 says The Missouri Department of Natural Resources is "prohibited from issuing a

surface mining or a water or air quality permit to any person

whose mine plan boundary is within 1,000 feet of any property

where an accredited school has been located for at least five

years prior to the permit application."

While Saxony Lutheran lawyer Steve Jeffery says this means no quarry can be built near the school, he says lawyers for Stack Excavating don't think there's enough evidence to say it's a health hazard.

Jim Maevers, the Chairman of the Board of Regents at Saxony Lutheran High School says they are happy about the new bill, but he says he wonders if 1,000 feet is far enough.

"You never know how far dust can flow, and the wind can pick up dust, and just the perception of an operation of that magnitude that close to a school we're very concerned about it, and we want to protect the best interest of Saxony," said Maevers.

Just because the hearing ended Tuesday, it doesn't mean the issue is solved. The hearing officer will take the information from both sides and present a recommendation to the Land Reclamation Commission on Jul 28th.

The commission will then need to decide how the new bill affects this particular case, and then make a final decision on this quarry.

You can view the entire bill by clicking on the link below.

http://www.house.mo.gov/billtracking/bills111/sumpdf/HB0089T.pdf

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