"We may have lost the battle, but we haven’t lost the war,” said Steven Weber, a Charlotte attorney representing Marlboro County in its fight against a proposed landfill.
The meeting followed an S.C. Administrative Law Court judge’s July 20 dismissal of two petitions the county had filed opposing DHEC’s approval of demonstration of need and preliminary consistency to the proposed Sandhills Regional MSW Landfill.
The judge ruled that the county’s petitions were filed too early in the permitting process, but dismissed them “without prejudice,” which means they may be considered at a later time.
He wrote in his court order that once DHEC issues a final consistency determination regarding the landfill, which still could be years away, this determination will be subject to appeal by the county.
The Marlboro Herald reported that Marlboro County Council met Thursday to receive legal advice related to the litigation, and to communicate with the public about the landfill issue.
The legal advice was given in executive session, followed by a public forum that started at 6 p.m.
About 100 citizens gathered in the main courtroom to hear what Weber, who has represented the county since June 2007, had to say, the newspaper reported.
Weber used a power point presentation to give citizens background information on the landfill issue and the legal actions that have been taken since June 2007, when DHEC granted MRR Sandhills, LLC demonstration of need approval for a landfill to be placed in the northernmost part of Marlboro County at the Richmond County, line.
He said the first knowledge county officials had of the proposed landfill was a letter from DHEC informing them that the demonstration of need had been granted.
The county filed an appeal of DHEC’s decision on September 14, 2007. This was one of the two lawsuits that were dismissed last week in the Administrative Law Court.
The other lawsuit that was dismissed last week was filed later and challenged a consistency determination that DHEC also gave to the project.
With the dismissal of these two petitions, there are still two lawsuits pending in relation to the landfill situation. One was filed by the county at the county courthouse, and the other was filed just two weeks ago by three organizations, including Citizens for Marlboro County, challenging the overall process that DHEC uses to determine demonstration of need.
Marlboro County government is not involved in this most recent lawsuit. In addition to Citizens for Marlboro County, the plaintiffs are the S.C. Coastal Conservation League and a citizens group from Laurens County.
Pawleys Island attorney Jimmy Chandler is representing these groups and appeared at Thursday’s meeting.
Speaking only of the three suits that were filed by the county, Weber said they have cost the county $150,000 in legal fees from June 2007 up to this point. He said he does not know what the cost to proceed will be, as there are “a lot of litigation points in the future.”
As for what will happen next, he said the county does have the option of appealing the judge’s ruling.
But, while he had not advised council one way or the other at that point, he said he personally believes “it’s futile to appeal this particular order.” Chandler, the attorney leading the private lawsuit, concurred.
A better option would seem to be appealing again in the future. Based on the judge’s ruling, the proper time for this will be at the end of the permitting process, which is still 2-3 years away, possibly more.
Weber explained that there is a risk involved in pursuing the fight against the landfill. Right now, MRR is offering the county a host agreement that would generate $2 million annually, as well as free waste disposal that would amount to $500,000 in annual savings.
Although a statement issued by MRR Southern Friday indicates the offer is still on the table at this point, a host agreement is not required and the offer could be withdrawn in the future.
“If all lawsuits are lost, if I’m unsuccessful at the end of the day, you guys will get a landfill in Marlboro County with no benefits to the county. That’s the risk,” Weber said. While the council is struggling with this, he added, “they have decided to take the risk.”
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