In Marana, there are two sets of buttons being worn around town. Town Councilmember Herb Kai says he’s wearing both.
“Unbeknownst to me, someone made them. I think it’s just a family joke about watching two brothers fight with each other,” Kai says.
Kai is referring to a 600-acre parcel he owns that’s currently in escrow with DKL Holdings, a company interested in the turning the property into a landfill. The conflicting buttons Kai says he’s wearing say, “I’m with Herb,” and, “I’m with John.”
John is John Kai, the vice mayor’s brother, who owns property adjacent to the landfill site and is reportedly opposed to the dump proposal.
However, neighbors of the landfill project say they suspect Herb Kai is campaigning on behalf of DKL, passing out buttons and fliers, and making phone calls. Kai, however, denies any campaigning, and says someone else came up with the idea for the buttons—mostly to poke fun of the two brothers, whose family has been in the area since the 1930s.
Kai pledges that he won’t talk about the landfill with other town officials and staff members. He’s also recused himself from voting on anything related to the landfill that may come before the Marana Town Council, including a move to annex the property into Marana.
“I have spoken to family and friends. That’s within my civil rights. But what’s going on between my brother and I, that’s what I think you’d call family dynamics. It’s a disagreement,” Kai says.
The Weekly was unable to reach John Kai for comment. His home number is unpublished, and a business number listed for Trico Gin, where John Kai is listed as a co-owner, no longer works.
Despite Herb Kai’s promises, however, the proposal has stirred up dust—or, lately, mud—between the town, Pima County and a group of neighbors who live near the property, which is right on the outskirts of Marana in unincorporated Pima County.
One of those neighbors is Jens Hill, who says that even if Herb Kai recuses himself, there’s a conflict of interest, since Kai is personally benefiting from the sale of his property to DKL, which is doing business with Marana.
What’s more confusing, however, is the fact that Kai has had different opinions on similar projects in the past, Hill says.
“He has a history of standing up for water,” Hill says. “In 1991, there was a landfill proposed within a mile of his home in the Dove Mountain area … but I can’t help wonder: Why my backyard, and not his?”
Kai says he didn’t lend his support to that landfill because he felt there was a high risk of pollution. However, he feels he can support the new proposed project, because he feels there are more safeguards in place to handle pollution risks—namely, liners.
“DKL was able to put me at ease,” Kai says about his concerns.
While Kai may be at ease, Hill and his neighbors feel the project is moving far too fast. They first found out about the landfill thanks to a letter that went out on Jan. 29 inviting them to a Feb. 4 meeting to learn about the project. From there, Hill says, neighbors quickly organized to learn more about a rezoning request headed to the Marana Planning Commission. Marana officials, they learned, were also interested in annexing the property and ironing out a deal with DKL that would allow the town to collect landfill fees.
On Wednesday, Feb. 24, despite neighbors’ complaints, concerns levied by Pima County and a request by the Arizona State Land Department for 45-day continuance (so the department could complete a study on the project), the rezoning request was approved 3-2.
The rezoning plans will next go before the Marana Town Council. Hill says neighbors will continue to point out issues regarding the proposed landfill. After all, it’s being built near the Brawley Wash on a 100-year flood plain, and area residents use a well near there that’s currently owned by Tucson Water.
Pam Ruppelius, another concerned neighbor, says she’s certain Marana and DKL didn’t expect the neighbors to go to the Pima County Board of Supervisors and the Tucson City Council for help.
On Tuesday, March 2, the Pima County Board of Supervisors voted 3-2 to ask the town to send the proposal back to the planning commission.
However, it’s a nonbinding referendum, meaning the county can’t force the town to do anything, or even prohibit Herb Kai or DKL from working with Marana to annex the property.
Nonetheless, Ruppelius says she’s pleased the county is chiming in, especially regarding potential water contamination.
“We’ve been told that we shouldn’t worry about water contamination, because there will be a liner put in, but we learned that even the (Environmental Protection Agency) doesn’t approve or disapprove of liners, because in the end, all liners can eventually leak,” Ruppelius says
“The bottom line is that this is all a political, money-making deal. Marana has the opportunity to make thousands of dollars off this landfill in fees.”
Another concern addressed by neighbors and the county: They say there is nothing to stop DKL from accepting out-of-town or state waste, or eventually working with the Arizona Department of Environmental Quality to get a permit to accept hazardous waste, since the landfill is private.
“This is our water; this is our family. We’re not against development, but we just don’t want a landfill over our aquifer,” Ruppelius says.
Michael Racy, an attorney and lobbyist representing DKL (who also happens to represent Pima County and the town of Marana), says the project is not moving too fast. He claims the landfill will probably not be operational for a couple of years because of all the studies and assessments that are legally required.
“There is extensive engineering analysis and state-permitting procedures,” Racy says.
The attorney was startled by the county’s reaction to the plan, considering the Marana Regional Landfill Specific Plan draft was first submitted to the county for comment in December.
“I understand that this is an emotional issue. But there is information out there that is not based on fact. This is a private landfill, yes, but federal regulations prevent the landfill from collecting liquid waste, tires or hazardous waste. The point of the landfill is to service the northwest part of the county, not take in out-of-state trash,” Racy says.
“I’m concerned that right now, it’s more about putting information out there that’s about fear. I think as time goes on, people will realize that’s not what this landfill is about.”
This article appears in Mar 4-10, 2010.
If Racey thinks this is a fear issue, then he is absolutly right! Fear for our water and the environment. He has no proof that the liner will not leak and it will not flood. It is very emotional and I think that the people of Pima County should know what their future may hold if Racy gets his way. He doesn’t care about the issues, just the money he is making as a lobbiest for a number of organizations. We will not stop in our efforts to stop the town of Marana and Racey from destroying our water. I hope that Pima County and the Tucson area are becoming more aware of this issue everyday. It’s their right to know too! We would have not found out about it if it hadn’t been for the annexation that they were obligated by law to let the surrounding areas know about. Racey says he wants everyones emotions to cool before they proceed, but I can tell you that will not happen! We are on it everyday. If we didn’t have the facts, then so many officials would not be looking and listening.Mr. Racy is wrong. He is a great speaker and can present anything in his favor, remember he is a lobbiest! Pamela Ruppelius
Indeed things have changed since 1991 when Herb Kai helped defeat the landfill they planned on putting in his backyard, but it’s not the liners. According to Mr. Racy on Feb. 9 at the Skyrider Cafe, the liner that they plan on using in the landfill is the best available and has been so for over TWENTY YEARS. I know I’m getting older, but the last I checked, 2010 minus 20 is 1990, so since before 1991 this liner has been available for use.
Mr. Racy is also incorrect about not accepting out of region/state waste. We have this little thing call the interstate commerce clause in the Constitution, check it out, Article I, Section 8, Clause 3 and in more detail in Article I, Section 9, Clauses 1, 5 and 6.
Certainly there is misinformation out there that needs to be sifted through but as a lobbyist Mr. Racy should be familiar on how to twist fact just enough so it isn’t a lie but not the truth either.
In the Feb 4 community meeting with Mr. Racy at the Sky Rider Cafe/Marana Regional Airport; Mr. Racy kept answering citizens’ concerns with …”a study has been done..”regarding the issue. When a resident of Silverbell West neighborhood, just north of the proposed site, asked Mr. Racy, where were all the people that were making the surveys/collecting data for the studies because they had seen any strange vehicles or people in the area. Mr. Racy, then quickly backpedaled and said that the studies “…were based on computer models.” Just what we all wanted to hear.
Several citizens have asked Mr. Racy to provide documentation of all the “other” sites that he said the Town officials looked at before deciding that Vice-Mayor’s property was “ideal” for a land fill that will be in place for 50 to 70 years & will have a mound of dirt in excess of 200 feet high (20 stories)! Neither he nor DKL Holdings has provided any documents. The only thing ideal about this whole matter is the money that Mr. Kai, the town, and Mr. Racy stand to make in this deal.
At the Marana Planning Commission meeting, Mr. Racy made an hour and a half presentation instead of the ususal 15 minutes. He assured the Commissioners that there would be a $20 million dollar bond in case of any harm or environmental mishap…perhaps the liners leaking??? Just how much will $20 million buy in 75 years? $20 million won’t touch the cost of cleaning up the aquifer (if that is possible) after toxic chemicals have filtrated into it. Nor will it pay for desalination plants and the piping to bring us water from the Sea of Cortez (Gulf of Calif.)
This precious aquifer provides water to Nogalas north to Pichaco Peak, over to Oracle, all of Tucson, east to include Vail, and west to the Silverbell Mts. WAKE UP TUCSON!
Let’s call a turkey a turkey. This issue is all about money. Herb Kai wasn’t against the landfill in 1991 because of pollution issues; unless it’s eye pollution. Water pollution was, and is, a secondary issue to him. He is a business man. If water pollution is the less expensive of the two issues, he’ll take water pollution over loss of the opportunity to make money. When it comes to profits, Kai is no better than the executives at AIG or Bank of America. How much money can I put into my pocket before the house of cards collapses. Methinks his ethics stink.