Scott County takes a stand: New health ordinance blocks silica sand mining

BENTON, Mo. — The Scott County Commission adopted a health ordinance during its Thursday, March 13 meeting in their chambers at the Scott County Courthouse in Benton.

The Joint Health Ordinance, No. 2025-01, developed by the Scott County Commission and Scott County Health Department, establishes regulations for silica sand mining within the county. The ordinance establishes regulations for mining areas and provides standards for mining areas, definitions, effective date, enforcement and severability.

“The Scott County Commission and the Scott County Health Department are aware that silica sand mining can produce fugitive dust and other materials containing crystalline silica which poses a risk to the health, welfare and safety of the county residents,” the ordinance said.

According to the Federal Occupational Safety and Health Administration, or OSHA, respirable crystalline silica causes multipole diseases, including silicosis, an incurable lung disease. Also both OSHA and the International Agency on Research on Cancer have designated respirable crystalline silica as human carcinogen.

Also, silica and mining activities can consume significant quantities of groundwater and potentially affect regional groundwater supplies, the ordinance said.

The purpose of a health ordinance is designed to protect the public health and safety, setting rules for sanitation, diseases and environmental health and other public health concerns.

According to First District Commissioner David Hough, the ordinance adopted by the county will prevent anyone from putting a silica sand quarry in Scott County.

Second District Commissioner Chase Asmus made a motion to adopt the ordinance and Hough seconded the motion, which passed.

Last month the possibility of a sand-mining quarry on the former Diebold Orchard property on the west side of Kelso, Missouri, had prompted concerns by residents on the impact to adjacent water wells.

Scott County Presiding County Commissioner Danny Tetley confirmed Tim Drury and family had conducted soil boring samples on the property.

Shortly after citizens raised concern about the possibility of the quarry, Drury and his family made the decision to not move forward with the project.

Although the Drury family decided not to move forward, residents have continued to express concern the Drurys could sell that property or lease it to another company that would put in a sand quarry.

Tetley said that is why the commissioners decided to adopt the joint health ordinance to prevent a sand quarry from ever happening.

“We’ve been against this from day one,” Tetley said. “We’ve just been trying to find the right avenue to fight because we don’t have planning and zoning (in Scott County). We were just trying to figure out the best way to fight this thing.”

Tetley said he has done research on silica sand mining.

“I’ve seen pictures of the dust particles from under a microscope and it’s real sharp,” Tetley said. “And if you breathe that stuff in, it gets entangled in the hairs of your lungs and you can’t get it out and then it causes silicoses, lung cancer and all kinds of upper respiratory illnesses. There’s no reason for it.”

Hough agreed.

“When he told me that story, thats all I needed to here, I was against it right then,” Hough said.

Bill Carroll, a resident who lives next to where the sand quarry project would be, attended the meeting and expressed his gratitude to the commissioners.

“Gentlemen, thank you for what you just did. It was a very fine thing for the county,” Carroll said.

Hough acknowledged Carroll’s comment.

“We’re happy with what we did and we hope you’re happy with what we done, too,” Hough said.

The Scott County Commission will host a public meeting at 6 p.m. March 19 at the Scott City Public Schools FEMA Building on the west end of the school’s campus in Scott City. The Scott County commissioners will be present plus the Scott County Health Department director and the county’s attorney to l answer questions about the ordinance and the steps being taken to address the county commission’s and health department’s authority to eliminate potential dangerous industry from settling in the county.

Also at Thursday’s meeting, Autry Morlan Sikeston sales manager Courtney Ashley and sales consultant Daniel Byrd visited with the commissioners.

Tetley said the county is having to replace some county vehicles, and they are looking at lease-versus-purchase options. Tetley said they are particularly looking for trucks or full-size SUVs.