news-record.com

EDEN — Rockingham County commissioners could make the first of many decisions about a proposed landfill outside of Eden when they meet Tuesday.

Opponents and officials have been hung up on how to deal with the controversial project since it was submitted nearly four months ago, and this decision could finally provide some direction.

County government officials expect the board of commissioners to discuss whether to require the landfill developer to get a franchise agreement from them before coming before the board to request a special land-use permit.

“Because of the number of questions that have been asked by the citizens, there is a great interest in the commissioners deciding what approach they will take,” said county attorney Eugene Russell.

The developer, PBK Holdings, represented by Oak Ridge developer Kevan Combs, hasn’t bought the proposed landfill site.

It’s 1,700 acres off Harrington Highway, 350 acres of which would be used for the landfill and recycling center.

However Combs did file for a special-use permit.

Opponents of the landfill challenged the county’s process for issuing permits to the developer last month.

Opponents of the landfill argue that the franchise agreement should come first, and they have cited a state statute to support their claim.

A franchise agreement is a contract between governing bodies and some businesses that, among other things, sets standards for the business. Businesses often pay the community a fee for the franchise agreement to offset costs to the community for regulating that business.

Law requires commissioners to act almost like judges when handling special-use permits, reserving their own concerns and opinions and considering only the evidence provided to them. They have much more leeway with franchise agreements.

Russell maintains that while the statute that opponents to the landfill are citing mentions local franchise agreements, its purpose is to address procedure for state landfill permits, not local ones. Richard Ducker, a faculty member at the UNC-Chapel Hill School of Government who specializes in planning and zoning, said he agrees with Russell.

“That statute doesn’t really apply to a local zoning permit,” Ducker said. “All it really says is that the franchise be in place prior to the state landfill permit.”

The issue is a legal minefield, and Russell finds himself trying to guide commissioners through it. He believes the board’s best option may be to continue the process as originally planned.

Earlier in the week, PBK Holdings sent a letter to the director of the state Department of Transportation’s Division of Aviation, Richard Walls, stating he overstepped his authority when he wrote to Rockingham County recommending against approving the landfill.

Walls wrote the letter after county officials requested his opinion about the landfill’s proximity to Shiloh Airport.

Opponents of the landfill argued that it would attract birds and other wildlife that pose a threat to air traffic at the airport, which is less than two miles from the site.

Walls said the division is still evaluating the company’s complaint.

Because of the many legal issues surrounding the landfill debate, commissioners are remaining tight-lipped, and it’s unclear how they will proceed.

The special-use permit request itself is in a sort of limbo. The county planning department ruled the request incomplete in late June, citing a lack of information from PBK on possible threats to the airport.

Combs, PBK’s representative, maintains the request is complete. He wouldn’t say how he intends to proceed, but he said he has no plans of giving up on the landfill.

Contact J. Brian Ewing at 627-4881, Ext. 120, or brian.ewing@news-record.com