No coal ash: Pickens County settles landfill lawsuit, will loan $3 million for completion

Pickens County officials said they have completed a settlement that will keep coal ash out of a 400-acre landfill site near Liberty and the county's commerce park.

The settlement also forces the completion of a private landfill and ends a six-year legal battle with landfill developers MMR Pickens LLC, a legal struggle that reached the South Carolina Supreme Court and has included lawsuits of $30 million against planning commissioners and expectations that the landfill would make $25 million over its lifetime.

More: SC Supreme Court justices question whether landfill operator near Liberty aims to take coal ash

The settlement calls for the county to loan $3 million to MRR to complete the landfill within a year and the money would be repaid when the landfill is completed and sold to a new operator. That sale is required to be within three years or MRR would have to pay hundreds of thousands a year for not selling and tens of thousands a month for finishing construction late.

The county is also buying a 93-acre plot of the original 400 acres of land from MRR at $3.5 million, said Alex Saitta, a council member who criticized parts of the settlement. He said the land may not be worth the price tag and the county should have gone to trial rather than settle in an effort to own the landfill outright.

Administrator Ken Roper said the land, next to the commerce park, could be used for economic development but that would be a decision for council members.

Chris Bowers, the chair of the county council, said the settlement met all of the county's goals and resolves a long-standing legal problem.

The settlement specifically prohibits coal ash, does not allow for a hazardous waste liner and has financial penalties if the landfill is not built or is not sold to another operator. The county will keep a plot of more than 160 acres that had already been deeded to the county by MRR.

The settlement also lifts a gag order that had stopped the county and the landfill operators from talking about the process. MMR Pickens did not respond to a phone call for comment for this story.

The landfill that will be built will be limited to construction and waste debris, a class 2 landfill which can accept a wide variety of construction-type materials including brush, bricks, concrete with rebar, dried paint cans and, with some stipulations, materials like asbestos.

Allowing for a liner allows for hazardous waste so a lack of a liner helps to ensure no hazardous waste, said Les Hendricks, the county’s attorney.

Coal ash is typically generated by coal power plants and can contain toxic heavy metals such as mercury, lead and arsenic, which can contaminate ground and surface water.

It is classified as "special waste" in South Carolina, and according to a previous court decision, coal ash is generally unsuitable for most landfills.

The legal case spanned six years and has landed on the desks of three county administrators and an interim administrator. It has likely cost the county around $750,000 in legal fees, said Roper, the current administrator.

The settlement waived a $6,000 legal fee that MRR was supposed to pay the county for a December hearing, but it largely means both sides pay their own legal bills, Hendricks said.

Previous coverage: SC Supreme Court issues ruling on Pickens County landfill that could accept coal ash

The lawsuit, which made it up to the state Supreme Court, was on technical grounds.

It was largely about whether adding a liner to the landfill design was most properly classified as a major or minor design change and because of that distinction, it's also about whether Pickens County and nearby landowners were required to be formally notified of the potential changes.

But, as several state Supreme Court justices said during oral arguments in 2021, the case was really about whether the site will take coal ash and whether county staff and residents are able to be heard if the landfill operators seek to take coal ash in the future.

A December decision by the justices sent the case back to an administrative hearing and led to the settlement agreement that was announced Wednesday.

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Mike Ellis lives in Powdersville and tells South Carolina stories with a focus on Anderson County and Pickens County along with faith and investigations. He's always looking for the next story that people need to read, please send any tips or feedback to mellis@gannett.com

This article originally appeared on Greenville News: No coal ash as Pickens County settles landfill lawsuit