MARS — Vogel Holdings faces a $107,147 fine as a result of what the state Department of Environmental Protection calls "repeated operational violations and failing to comply with state laws" at its Seneca landfill.

The fine was levied by the DEP, which had six inspections between March and July at the 99-acre landfill, which is off Hartmann Road in Jackson and Lancaster townships.

However, Edward Vogel Jr. said on Wednesday he is considering appealing the fine.

A DEP news release on Wednesday said violation notices were issued to Vogel Holdings after each of the six inspections.

"Seneca landfill has been lax in following the environmental regulations that direct how municipal landfills are required to operate in Pennsylvania," DEP Northwest Regional Director Kelly Burch said in the release. "DEP expects landfill operators to comply with the law. When they do not, they will face consequences."

The release said during the six inspections, DEP found "numerous violations," including:

• Failure to have a temporary litter control fence in place, and litter was found off-site

• Sporadic recordkeeping for on- and off-site odor monitoring

• Waste excavated from a location where built-up gas is released was not immediately moved to the surface and covered

• No increase in off-site odor monitoring during operations to drill into the landfill to release built-up gas, and

• Failure to have permanent physical markers posted around the landfill perimeter.

The release also stated that in December 2009, DEP and Seneca Landfill entered into a consent order and agreement to address chronic odor issues at the landfill. Vogel Holdings paid a $22,000 penalty at that time.

Edward Vogel Jr. said on Wednesday that while many good people with their hearts in the right place work at DEP, the agency at times can be unrealistic.

For example, Vogel said the temporary fencing was down because workers were filling in the area before it was put back up.

"If two pieces of paper are blown off-site, it can be considered a violation," Vogel said.

He said some violations came from a checklist that DEP staff use on a daily drive-by inspection of the landfill.

"They have a job to do, but I don't agree with what they did," said Vogel. "I think it was extremely excessive, and I'm looking into what my options are regarding an appeal."

Vogel said he is aware of industries that have fled Pennsylvania because of the DEP's occasionally overzealous regulations.

Staci Gustafson, assistant regional director at the DEP's Northwest Regional office, said there are landfills that operate in compliance or with a few minor infractions.

"(Landfills) are required to comply with state regulations to maintain their permit," said Gustafson.

Press releases on the DEP website's solid waste page show 34 actions against state landfills, haulers and other businesses in 25 months beginning in January 2008. Most are announcing fines, settlements, and revocation or denial of permits.

Vogel Disposal has been in business in Butler County for 53 years.