As tempers flare, Lexington council wades into Scott County landfill fight

The Lexington council voted 8 to 4 to jump into a long-simmering fight between Scott County officials and the operator of a landfill where Lexington trash has been dumped since 2015.

The Lexington-Fayette Urban County Council agreed Tuesday to put on its June 10 agenda a resolution that would encourage state environmental officials to allow Waste Services of the Bluegrass’ Central Kentucky landfill to expand. A final vote will come on June 24.

The debate at times became heated between supporters and opponents of the resolution on the council.

Mayor Linda Gorton has said she does not support the city interfering or trying to sway state officials on land use issues in another county.

Officials with Waste Services of the Bluegrass, which operates the Central Kentucky Landfill in Scott County, asked the Lexington council last month to write the state environmental cabinet about overturning Scott County’s Waste Management Plan, which was adopted in August. Other county judge-executives and mayors with contracts with Waste Services of the Bluegrass have sent letters to state environmental cabinet officials.

The Scott waste plan no longer allows for out-of-county trash, including Fayette County’s trash. It also caps the amount of trash allowed at the landfill.

‘Not my place to tell Scott County’ what to do about its landfill

Each county has its own solid waste plan. Scott County followed that process and has decided it does not want that landfill to continue to operate, Gorton said during a Tuesday council work session.

The city’s interests are protected, she said. Waste Services’ contract with the city requires it to find another landfill to dispose of Lexington’s trash — at no additional cost to the city — if the Central Kentucky landfill closes.

“I thought it was not my place to tell Scott County that we wanted our garbage going there beyond what they had sent to the state as their plan,” Gorton said.

Councilman David Kloiber said Gorton didn’t consider “regionality” in her analysis.

“If we do have to go bid for an emergency pick-up, there is going to be a large cost associated with that to the people of our city,” Kloiber said.

Gorton stood her ground. “This is not so much about regionalism,” Gorton said. “This is as if Fayette County has decided to not take any more trash and other counties say, ‘No. We want you to take more.’”

Lexington originally awarded its garbage contract to Waste Services in 2015. It renewed the contract in 2020, despite pleas from Scott County officials and citizens not to do so.

Waste Services of the Bluegrass has challenged the adoption of the Scott County Waste Management Plan. That issue is currently pending before an administrative law judge with the Kentucky Energy and Environmental Cabinet. In addition, there are several lawsuits between Scott County and Waste Services of the Bluegrass over the expansion of the landfill.

‘Just an expansion of the landfill’

Many council members said they felt that they should support the city’s solid waste contractor in its dispute with Scott County.

“We are simply asking for an expansion of this landfill,” said Councilman Josh McCurn.

But other council members said the expansion of the landfill was before an administrative law judge, a judicial process. It would not be appropriate for the city to get involved in a quasi-judicial action.

“I’m a little concerned about getting involved in another municipality’s solid waste plan,” said Councilwoman Susan Lamb.

Right before the vote, Lamb raised another question about the resolution. Councilman Preston Worley, who is the council parliamentarian, called a point of order, saying that Lamb had already spoken twice on the resolution. Council rules typically limit council members to speaking only twice on an issue unless the council suspends the rules.

Lamb shot back that McCurn, who pushed for the resolution, had spoken more than twice, and it was not fair to stop her from speaking and not him. Worley then tried to call the vote — a procedural move that would stop debate — but later backed off.

Those who voted in favor of the resolution were: Worley, McCurn, Kloiber, Richard Moloney, Kathy Plomin, Liz Sheehan, James Brown. Those who voted against were: Lamb, Vice Mayor Steve Kay, Hannah LeGris, Whitney Elliott Baxter.

After the council’s vote, Lamb blasted Worley over his point of order: “I don’t appreciate what just happened. I don’t appreciate my colleague not pointing out that my colleague had spoken more than twice. I’m just going to say that. I don’t expect a response.”

Gorton reminded the council after the final vote on June 24, council members who do not support the resolution do not have to sign it.

“I want Lexington citizens to know that their trash will be picked up,” Gorton said.

Scott County, Waste Services of the Bluegrass weigh in

Both Waste Services of the Bluegrass and Scott County officials have tried to sway the council in recent weeks.

Scott County Judge-Executive Joe Pat Covington told the council during a May 25 council work session that the Central Kentucky Landfill has racked up dozens of violations over the years.

“Since January 2019, there has been an excess of 70 notices of violation for multiple issues ranging from odor, leachate, to dirt on the road,” Covington said.

The landfill has reached capacity. It has been told to shut down by October.

“We have grave concerns” about Lexington appearing to sway the outcome of an administrative hearing that will be determined by the merits and the facts, Covington said.

Scott County Magistrate David Livingston echoed Covington’s concerns about Lexington taking a stance.

“To take up this resolution is to interfere with the administrative duties in Frankfort, civil litigation in the courts and a total disregard to what may be happening to our Scott County citizens,” Livingston said during the May 25 work session, adding that most county and city officials contributing trash to the landfill are “completely unaware of the amount of violations” the landfill has.

Greg Elkins, the chief operating officer of Waste Services of the Bluegrass, said during Tuesday’s work session many of the notices of violation were caused by issues outside the landfill’s control. Elkins did not deny the landfill has long struggled with odors but has fixed many of those problems, he said.

Scott County officials told Waste Services when it purchased the landfill in 2003 that it could expand it, Elkins said. It was not until the last several years that Scott County reversed course.

Other cities that have had to find another solid waste contractor have seen the cost to haul trash increase by more than 30 percent, Elkins said.