MRR Pickens LLC has won three court rulings in December that push forward its legal fight against Pickens County, South Carolina, for the right to build a coal ash landfill near the town of Liberty, according to a report on GreenvilleOnline.com.
MRR’s proposed landfill was approved as Class 2 facility, which typically handle nontoxic wastes such as construction debris. And a new state law requires coal ash produced in the generation of electricity be placed in commercial Class 3 landfills. In certain cases, however, it would be allowed in a Class 2 facility if the material was only there temporarily because it is being put to beneficial reuse. The definition of beneficial reuse is still being considered by DHEC.
MRR won a ruling on Dec. 7 that will allow it to take depositions from members of County Council and the Pickens County Planning Commission, the article states. The county and its planning commission are named as defendants in a $25 million breach of contract lawsuit. Circuit Court Judge Letitia Verdin also denied the county’s motion for dismissal of the case.
The county had claimed “legislative privilege” in seeking to protect council members and members of the Planning Commission from being deposed. The county cited case law that gives members of public bodies legal immunity for their policy decisions.
In a separate case filed in the state Administrative Law Court, Pickens County was reportedly seeking to overturn a permit modification granted by the state Department of Health and Environmental Control that allowed changes in the design of MRR's proposed landfill to accommodate coal ash. A judge ruled in favor of MRR, saying the county failed to meet deadlines to appeal DHEC’s decision.
Administrative Law Judge Shirley C. Robinson reportedly did not rule on the question of whether DHEC improperly modified MRR’s permit.
MRR’s proposed landfill was approved as Class 2 facility, which typically handle nontoxic wastes such as construction debris. And a new state law requires coal ash produced in the generation of electricity be placed in commercial Class 3 landfills. In certain cases, however, it would be allowed in a Class 2 facility if the material was only there temporarily because it is being put to beneficial reuse. The definition of beneficial reuse is still being considered by DHEC.
MRR won a ruling on Dec. 7 that will allow it to take depositions from members of County Council and the Pickens County Planning Commission, the article states. The county and its planning commission are named as defendants in a $25 million breach of contract lawsuit. Circuit Court Judge Letitia Verdin also denied the county’s motion for dismissal of the case.
The county had claimed “legislative privilege” in seeking to protect council members and members of the Planning Commission from being deposed. The county cited case law that gives members of public bodies legal immunity for their policy decisions.
In a separate case filed in the state Administrative Law Court, Pickens County was reportedly seeking to overturn a permit modification granted by the state Department of Health and Environmental Control that allowed changes in the design of MRR's proposed landfill to accommodate coal ash. A judge ruled in favor of MRR, saying the county failed to meet deadlines to appeal DHEC’s decision.
Administrative Law Judge Shirley C. Robinson reportedly did not rule on the question of whether DHEC improperly modified MRR’s permit.
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