Cindy Pitts

Staff Writer

County Council will not be dumping the Pomaria landfill lawsuit case.

On Wednesday night the council voted unanimously to continue the five-year fight to deny a zoning permit for the landfill on Highway 202.

“In December of 2006 the majority of council supported Pomaria (in its fight to keep Eagle Container from building the landfill.) We are hearing you are in negotiations about the case and we want answers,” said Pomaria Mayor Darryl Hentz.

The lawsuit between the county and Eagle Container is currently at the state's Supreme Court level, but a court date has been postponed a couple of times. Also, attorneys for the county and Eagle Container have been discussing possible negotiation settlements.

As the county has lost court decisions at each level of the lawsuit, officials and citizens are wondering if the county can win the suit. Another option is negotiating with Eagle Container for user fees or higher than normal restrictions on the site.

Resident Tom Evans told council to look at the negative impact the landfill would have on the area with increased truck traffic, noise and air pollution. Evans said it would be an eyesore.

“It would have a negative impact on the quality of life. A truck would be driving by every three minutes to go to the landfill,” Evans told County Council on Wednesday evening. “I would hate to see us dumped on.”

“The tipping fees will be chicken feed compared to taxes on people moving to Pomaria,” said District 40 State Representative Walt McLeod.

“Chicken feed has gotten very expensive,” replied County Councilman Bill Waldrop. “Does the state have any money to help us fight this?”

“Absolutely not,” replied McLeod.

Waldrop pointed out that the people of the Helena community were forced to raise money to fight a landfill there, and the county did not help finance litigation on their behalf.

“How far do the taxpayers want to go?” questioned Waldrop, adding the Helena landfill fight was tied up in the courts for 10 years. “How long are we willing to fight?”

McLeod replied that $40,000 was a “pittance to the taxable value” of new home construction in the area.

“As you go in (to the closed-door session) think about the people in Pomaria and not the money that will roll into Newberry County,” said resident Nora Stuck.

“You need to take care of the people who elected you,” said Pomaria councilman James Redden.

During the meeting, McLeod read a certified letter dated July 8, 2005, from the S.C. Department of Health and Environmental Control to Eagle Container stating that the landfill “is not consistent with the Feb. 2005 revision to the Newberry County Solid Waste Management Plan. The plan stated the county only needs one construction and demolition landfill, which they already have in Helena.

“In the event (the Helena landfill) cannot provide disposal capacity for the C&D waste generated in Newberry County, C&D waste will be accepted at the Newberry County Transfer Station for disposal at an out-of-county landfill