Century Sand And Gravel Company Cited For Operating Without A Permit

August 23, 2011

Campbell’s Sand and Gravel in Century has been cited by Escambia County for operating a borrow pit at Barth without a permit. The citation came just days after the county commission learned that six borrow pits in the county had been allowed to operate without permits for at least five years.

Now, Campbell’s Sand and Gravel has until August 28 to obtain the proper permits, or risk a Special Magistrate Hearing, an $1,100 court cost and potential fines.

Just a few weeks ago, Escambia County issued a cease and desist order that shut down the Green Fill Dirt Sand Pit off Blosson Trail in the Marcus Pointe area for operating without a permit and other violations. The owner, Anthony Green, is appealing. Anthony Green is the husband of Aretta Green, aide to Commissioner Marie Young.

At a recent meeting, Escambia County Commissioner Gene Valentino called on the county to enforce the ordinances on the book against all of the borrow pits, not just Green’s. But Commissioner Wilson Robertson said he is approaching the issue from the opposite angle.

“How do we get a way with selectively applying the law?” Valentino asked. “Why weren’t they shut down then when they did not comply?  Let’s apply the law fairly and equitable, I am not going to be caught in a game around here with selective interests.”

“When someone has been operating for like 50 years, like the Campbells up in the north,” Robertson said,  “I”m going to recommend we operate like we have all these years. — If it’s not broke, don’t fix it.”

In 2005 and 2006, the commission passed ordinances requiring county permits for borrow pits — pits where sand, gravel and dirt are removed for construction projects. Existing pits where given 90 days to be grandfathered in and apply for their county permit, or they would be forced to comply with the new county regulations.

Most, if not all of the pits in question cannot meet the current requirements for zoning and  for future land use categories, County Attorney Allison Rogers said. “If they came into you today, they would have great difficulty or it would be in possible for them to meet (the requirements),” she told the commission.

About two weeks ago, the Escambia County Commission voted to make no changes to the 2005 and 2006 ordinances until Anthony’s Green’s appeal is resolved.

NorthEscambia.com file photo, click to enlarge.

Comments

13 Responses to “Century Sand And Gravel Company Cited For Operating Without A Permit”

  1. David Huie Green on August 25th, 2011 9:26 am

    REGARDING:
    ”Don’t believe anything you hear and only half of what you see.”

    I heard it but if I’m to believe it that means I shouldn’t believe it since it would be something I heard…….

    David considering a paradox

  2. Kay on August 24th, 2011 6:25 pm

    Ok Folks , don’t believe everything you read to be the gospel……did you ever hear the ole saying……”Don’t believe anything you hear and only half of what you see.”

    Kay for the Campbell”s………….

  3. just listening on August 23rd, 2011 7:18 pm

    The Campbells have been in the Sand and Gravel business in the north end of Escambia County for over 60 years. They have employed MANY people over the years and have supported the Schools and many orginazations. They are probably the oldest employer in the North end of Escambia County. “If it ain’t broke then don’t fix it” as Mr Robertson has said. Shucks—I sometime wonder if there is enough sand and gravel in the North end of Escambia for Pensacola and southern part of the county to build homes and Businesses. It’s all about the dollar anyway. ANOTHER county perrmit.

  4. David Huie Green on August 23rd, 2011 6:13 pm

    REGARDING:
    “The problem, David Huie Green, is do all companies trying to compete get the same blind eye?”

    I’ve always maintained every law should be enforced vigorously. I just think some laws should not exist.

    You (sort of) pointed out that established businesses have an easier time continuing than start-ups do. They have more time to learn the hoops to jump through. They often have associations which keep them informed regarding many of these hoops. Whereas, people thinking they could do the same thing for less and give jobs to others in the process quite often find themselves in violation of one ordinance after another until they just give up.

    Some of these associations even have lobbyists to have laws written to make it harder for newcomers to compete with them. This gives them an effective monopoly and allows them to charge the rest of us more since they have less competition.

    I’m sure James can hire lawyers to satisfy the legal issues. (We need more lawyers as we write more laws; good thing they‘re cheap.) Even if they were to shut him down, I know he has lands in Alabama he can pump gravel from. It would raise the price, probably use more fossil fuel to move it, probably help someone he was competing with down that way, give Alabama the jobs we used to have.

    HE won’t starve. He may just have to lay off some workers.

    David liking gravel lakes

  5. escambiamom on August 23rd, 2011 4:53 pm

    I think that the recent laws about borrow pits came after the County Administrator at the time was letting Roads Inc. develop their “catfish pond” indefinitely through a platted subdivision, saying there was a “loophole” in the ordinances. I think if someone had applied some decency and common sense then that new ordinance wouldn’t have been needed..

    At the time, I was told that the County had it’s own borrow pits that they used that were unpermitted. Wonder if that is true?

    The problem, David Huie Green, is do all companies trying to compete get the same blind eye? Or just the ones connected to the commissioners? How can newer companies operate if they have to follow regulations and the older, established ones don’t? (Do you know how much money Roads Inc. probably saved operating an illegal pit down the road from their asphalt plant and current projects instead of having to truck dirt in from farther ends of the county? Did that effect their price when they bid for government contracts?)

    But I think what Comm. Robertson might have been trying to say is that a pit out in the way north end might not be as disruptive as one near established housing subdivisions. Code Enforcement is a complaint driven process in this county.
    Of course, I don’t know for sure what he really meant …

  6. Bjay on August 23rd, 2011 3:12 pm

    Stop blaming the county. This pit could have been grandfathered in and they chose to ignore the law. If any jobs are lost then its the buisness owners fault. If it wasnt monitored then anybody could dig a hole in their back yard and sale dirt. What would you think if it was your neighbor? Who cares why it wasnt handled properly before, It is now and thats all that matters. As a buisness owner you know what licenses or permits you need to operate. They chose to ignore the laws and should be punished.

  7. jeeperman on August 23rd, 2011 1:23 pm

    Spot on Nancy Gibson.
    According to Commissioner Robertson the county would never know there is a pit anywhere in the county if not for complaints from citizens.

  8. JIM W on August 23rd, 2011 12:10 pm

    Sounds to me like the county needs a self investigation to find out why this was not enforced in the first place. Another thing to think about: maybe just maybe they don’t need the ordinance in the first place. Has any one thought about loosing jobs and revenue from jobs? David points it out quite well. My, oh my it never ceases to amaze me what goes on sometimes with these kinds of things.

  9. Nancy Gibson Rueb on August 23rd, 2011 10:32 am

    In addition to my first comment:

    A business that has been operating for 50 years should know when permits are needed. But, If you have a county commissioner with the thinking and attitude that Mr. Robertson has, why should you worry about a permit or county laws that might apply to you.

    Nancy for letting the law apply fairly

  10. Nancy Gibson Rueb on August 23rd, 2011 10:22 am

    When a company has operated for 50 years they should know when permits are needed.

  11. David Huie Green on August 23rd, 2011 5:35 am

    Absolutely. Shut down all our businesses and then wonder where the jobs went.

    David for James and concrete

  12. 429SCJ on August 23rd, 2011 5:27 am

    It sounds like someone needs to hire an adjuster or get a permit.

  13. Jane on August 23rd, 2011 5:09 am

    The law needs to apply to all people and companies in the same way. If the law is not written in a way that it can be applied that way then the law needs to be re-written! Enough with the waivers and special exceptions.