Exemption linked to mine's lobbyist

A Missouri state representative said on Thursday his failed attempt to exempt Cape Girardeau County mining companies from a 2011 law that protects a Fruitland school was done after a request from a lobbyist used by one of the companies.

Dave Schatz, a Republican from Sullivan, Mo., who represents the 61st House District that covers Franklin, Osage and Gasconade counties, said proposed changes to the law were an effort to stop state regulatory agencies from impeding businesses.

Schatz wasn't successful in making the changes because the Senate bill containing his amendment was vetoed by the governor. But the attempt, seen by some legislators as a singling out of Cape Girardeau County to benefit its mining industry, has stirred up some bad feelings.

Schatz's amendment would have prohibited the Missouri Department of Natural Resources from making businesses meet standards beyond what were required when water quality permits were issued to the businesses.

Local representatives didn't disagree with that aspect of the legislation, but the amendment would have exempted mining companies in Cape Girardeau County from complying with a 2011 law that required quarries at least 1,000 feet from schools.

Jason Crowell, a former state senator, and Rep. Donna Lichtenegger, R-Jackson, worked to have the 2011 law passed partly to protect Saxony Lutheran High School in Fruitland from two nearby mining operations, Strack Excavating and Heartland Materials LLC.

Lichtenegger's district contains the quarries and school.

"I am grateful that the governor vetoed this bill, and saw through this really blatant attempt to change the law," Lichtenegger said. In his veto, Democratic Gov. Jay Nixon singled out the provision about Cape Girardeau County as a reason for his rejection of the bill.

Schatz said the proposed exemption from the 2011 law didn't originate with him, but through the advisement of a lobbyist for the mining industry, Kent Gaines, when Gaines saw Schatz wanted to pass legislation relating to DNR permits.

Gaines, unbeknownst to Schatz, lobbies on behalf of Strack Excavating, which for several years has fought to begin mining operations in Fruitland. On May 14, an appeals court gave Strack Excavating back a mining permit that was invalidated by Cape Girardeau County Circuit Judge William L. Syler in September 2011. In the suit that prompted the ruling, the school appealed the issuance of Strack's permit shortly after the mine-school distance law passed, arguing the DNR Land Reclamation Commission was prohibited from altering the mine boundary to make it 1,000 feet from a school. Strack first asked for a permit with a boundary 55 feet from the school before the law was passed, but the commission changed the distance in the permit to 1,000 feet after that law passed.

Schatz said he was told by the lobbyist the company, of which he said he did not know the name but was aware it was in Cape Girardeau County, had been treated unfairly by the DNR and was facing a situation similar to scenarios he hoped to prevent with his amendment.

"My concern was about changes being made in the middle of a permitting cycle and affecting businesses," Schatz said. "One of the things I have a problem with is DNR being able to drag their feet and cost businesses money through the process. That's not something I think government should do or promote. If the rules are established and you meet the requirements, they should issue the permits. They shouldn't go back and make businesses comply with new requirements made later on."

J.W. Strack, owner of Strack Excavating, recently told the Southeast Missourian he wasn't aware of the attempt to exempt Cape Girardeau County mining operations from the 2011 law, didn't know Schatz, and that the amendment wouldn't have affected operations or plans for his business.

Gaines is listed with the Missouri Ethics Commission as a lobbyist for Strack Excavating. The Southeast Missourian left a message Thursday for Gaines at a phone number for him on the commission's website, but the call was not returned. J.W. Strack also was not reachable for comment late Thursday.

The governor said in his veto statement for Senate Bill 342 that he disagreed with excluding select industries and companies from existing standards and children in Cape Girardeau County should not receive any less protection than children in other parts of the state.

Lichtenegger has said she did not find out about how the amendment would have specifically affected Cape Girardeau County until after the bill was passed by the General Assembly and sent to the governor's desk, so she did not oppose it on the House floor.

eragan@semissourian.com

388-3627

Pertinent address:

Fruitland, MO

1965 County Road 601, Jackson, MO