Committee derails bill on landfills

BATON ROUGE — State Sen. Troy Hebert’s bill that would limit Gordon Doerle’s ability to expand his landfill in Iberia Parish near the Acadiana Regional Airport failed to make it out of a House committee hearing Tuesday, prompting him to tack his bill on as an amendment to a House bill being heard for final approval on the Senate floor.

Despite Hebert’s arguments and commitment to work with the committee’s concerns if they sent the bill for consideration by the full House, it was voted down in a 9-6 vote by the House Natural Resources and Environment Committee.

The four-hour debate on the bill in a packed committee room allowed local officials and representatives from other parishes to weigh in on the issue.

Committee Chairman Gordon Dove, R-Houma, who opposed Hebert’s bill, said the issue was a local one and that he did not want his parish dragged into “a bill aimed at Doerle.”

Despite the statewide nature of Hebert’s bill limiting the existence of construction and debris landfills within 5,000 feet from an airport, debate inside the committee room was focused on Iberia Parish.

Iberia Parish President Ernest Freyou opposed the bill and testified before the committee in support of an agreement between the parish and Doerle signed in December. That agreement between Iberia Parish Government and Doerle gives the parish control over the land and force changes, including shutting down the landfill, if it jeopardized airport safety or funding, he said. In exchange, Doerle would be granted a variance allowing him to expand the landfill.

“Nobody wants that landfill there, we all know that,” Freyou said. “That was done a long time ago and our agreement supercedes any action the Legislature could take.”

Technical testimony from pilots, business owners near the airport and others who use the airport frequently and nearby residents who favored the bill did not sway the committee.

State Rep. Robert Billiot, D-Waggaman, said the issue needed to be dealt with locally.

“I come to you with a bill to try and fix the situation,” Hebert, D-Jeanerette, said. “If the locals could fix this I wouldn’t be here.”

Several committee members cited proper zoning on the local level as the right way to address the issue and discussed the need for a comprehensive land-use plan for property surrounding airports in the state.

“You can’t just eat an elephant in one bite,” Hebert said. “Look at the fight I’m having right now just to stop a C and D landfill. I thought, ‘Let’s start here.’ Imagine if this bill included everything. This building wouldn’t be big enough to hold all the people that would come here to have a say.”

District Attorney Phil Haney testified at the hearing and exchanged barbs with Hebert for the second week. He said he objects to Senate Bill 317 because it is not comprehensive and covers only one issue.

“I am opposed to this because it may undo the agreement we already have,” he said. “We may lose our predial servitude, which would limit our control of the property. This will probably put us back in litigation and cost the parish a lot of money.”

Charles O’Neil, corporate director of safety and aviation for Bruce Foods and a frequent airport user, said potential litigation costs are nothing compared to the cost of replacing a $75 million Airbus or $80 million F-18 in the event of an accident that the parish could have prevented. Both types of aircraft fly into the airport on a regular basis, he said.

The safety of those on the ground living near the airport was also discussed.

“If you think Mr. Doerle is going to sue the state on this issue, he’s going to be a cub scout next to the families that sue you if a plane goes down,” Hebert said. “There won’t be enough money in my parish to cover those lawsuits.”

After the bill was voted down, Hebert added his landfill bill as an amendment to House Bill 539, an environmental bill regulating how sulphur is handled. The bill was up for final passage in the Senate Tuesday, but was tabled after state Sen. A.G. Crowe, R-Slidell, revealed the controversial nature of Hebert’s amendment.

“Mr. Doerle and the residents of Iberia Parish can thank Phil Haney for putting a 60-acre dump at the end of the Acadiana Regional Airport,” Hebert said after the Legislature adjourned for the day. “I only wish our district attorney would use the same amount of time and energy to prosecute criminals in our parish.”

Hebert does not know when his amendment to HB 539 will be discussed in the Senate, he said, but added that the amendment is only one of several tools he plans to use to fight for the landfill bill’s passage.

“As senator, I will continue to fight for the people and the airport,” Hebert said. “Today’s vote may be a shallow victory, the Legislature doesn’t adjourn until June 25. That’s a long time from now.”