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BZA orders 30‑day removal plan for debris at Heimlich site; staff told to monitor compliance
Summary
After the operator's counsel said the petition would be withdrawn, the board voted to require the operator produce a detailed plan within 30 days to remove and properly dispose of the material at the Upland quarry site and said staff will perform monthly inspections and photo documentation; the board warned of court enforcement if the plan or removal is not satisfactory.
The board directed the operator, Jack Heimlich Bridal Company Incorporated, or its representative to present a removal and reclamation plan at the next meeting, with the expectation the plan include timelines and anticipated daily load counts, contractor arrangements and a target start date. Chair stated the board's intent: "We'd like to have a plan in 30 days." The motion was made, seconded, and restated to clarify it requires a plan to move material off the property to a legal disposal site.
Legal counsel and staff indicated the board can pursue a second step in litigation to enforce removal if the plan or compliance is inadequate; counsel outlined monthly inspections and photographic documentation as part of an enforcement approach the court could order. Staff committed to follow up and to present a plan or status update at the next meeting.
