The Lamar County Solid Waste Authority has passed a resolution condemning plans by E.T. Carlyle Co. to site a construction and demolition landfill on a 312-acres site off Possum Trot and High Falls Park roads in northeast Lamar. The Lamar County commission gave up its protracted, expensive legal battle against Carlyle earlier this month, pinning its hopes on EPD refusing to permit the facility. The commission and residents of the area claim the landfil would be located in a groundwater recharge area. Here is the SAW resolution: LAMAR COUNTY REGIONAL SOLID WASTE MANAGEMENT AUTHORITY RESOLUTION NO. _____________ WHEREAS, the Lamar County Regional Solid Waste Management Authority (the ‘Authority’) was activated by Lamar County, Georgia, and the City of Milner, Georgia, by Resolution adopted August 17, 1993; and WHEREAS, the Authority is a regional and multijurisdictional authority as contemplated by the Regional Solid Waste Management Authorities Act, O.C.G.A. § 12-5-50 et seq. (the ‘Act’) and consists of Lamar County (the ‘County’) and the City of Milner, Georgia (‘Milner’); and; WHEREAS, the Authority has been granted all powers and authority available to it under the provisions of the Act; and WHEREAS, Section 2-17-4 of the County’s code of ordinances reads as follows: ‘Lamar County’s authority with regards to solid waste management is transferred to the [A]uthority to the extent authorized by the [A]uthority’s enabling resolution, the agreement among participants, and state law’; and WHEREAS, as required by applicable state law, the Authority has promulgated a Solid Waste Plan (‘SWP’) effective February, 2007, as well as earlier solid waste plans in existence as far back as 1993; and WHEREAS, any new solid waste facility within the County must comply with the provisions of the SWP; and WHEREAS, under the SWP, the approval of any such facility requires the affirmative votes of three parties: the Authority, Milner, and the County; and WHEREAS, on June 7, 2001, E T Carlyle Company (‘Carlyle’) filed an application with the County for the re-zoning of property and a special exception for the construction of a construction & demolition (‘C&D’) landfill; and WHEREAS, on July 17, 2001, the Lamar County Board of Commissioners (‘Board’) voted to deny both the application for re-zoning and the application for special exception; and WHEREAS, on August 16, 2001, Carlyle filed a lawsuit against the County, the Board, and the individual members of the Board, in the Lamar County Superior Court seeking, among other things, a declaration that the Board’s denial of its application was illegal; and WHEREAS, Carlyle’s Complaint consisted of 14 separate counts and 173 paragraphs; and WHEREAS, Count V of the Complaint (paragraphs 132-133) prayed for a declaration that the County ‘had no valid regulations in place that would entitle it to deny the right of the Plaintiff [Carlyle] the right to site a regional C&D Facility on the Subject Property’; and WHEREAS, neither the Authority nor Milner were named as defendants in Carlyle’s lawsuit; and WHEREAS, moreover, although the lawsuit has been pending for nearly 9 years, including 3 appeals to the Georgia Supreme Court, Carlyle has never amended its lawsuit to add the Authority or Milner; and WHEREAS, on May 30, 2006, Judge E. Byron Smith entered an Order granting Counts I through V of Carlyle’s Complaint, including granting a declaration that the County had no valid regulations in place to govern Carlyle’s C&D landfill; and WHEREAS, since neither the Authority nor Milner were named as parties to Carlyle’s lawsuit, Judge Smith Order is not binding upon them; and WHEREAS, notwithstanding over 3 more years of litigation, including 2 appeals to the Georgia Supreme Court, the County was unsuccessful in having Judge Smith’s Order overturned; therefore, it appears the County and the Board are bound by his Order; and WHEREAS, at its regular meeting on January 12, 2010, the Board voted, in obedience to Judge Smith’s Order, to send a letter to the Georgia EPD (a copy of which is attached to this Resolution as Exhibit ‘A’) stating that Carlyle’s proposed facility satisfied both the County’s zoning ordinance and the County’s solid waste plan; and WHEREAS, as stated above, it is the Authority and not the County that is charged by law with enforcing the provisions of the SWP, and it is the opinion of the Authority that any statement by the Board regarding Carlyle’s SWP compliance is null, void and non-binding on the Authority; and WHEREAS, although the Authority has never been a party to Carlyle’s lawsuit and is not bound by Judge Smith’s Order, from reviewing the matter, it is readily apparent that Carlyle’s proposed C&D landfill does not comply with the SWP; and WHEREAS, the Authority believes that the Board’s letter to EPD infringes upon its exclusive jurisdiction over solid waste management in the county and usurps the Authority’s and Milner’s jurisdiction over the SWP; and WHEREAS, to protect its rights, the Authority believes that it is necessary to adopt a resolution denouncing the Board’s letter to EPD as well as voicing its objection to the Georgia EPD. NOW THEREFORE, UPON MOTION BEING DULY MADE AND SECONDED, THE FOLLOWING RESOLUTIONS WERE ADOPTED: 1. Denouncement of Board’s letter to EPD. The Authority does hereby denounce the Board’s letter to EPD (attached hereto as Exhibit ‘A’) to the extent that said letter makes any assertions about Carlyle’s facility complying with the SWP. 2. Infringement on the Rights of the Authority and Milner. The Authority believes that the Board’s letter to EPD, to the extent that said letter makes any assertions about Carlyle’s facility complying with the SWP, infringes on the exclusive jurisdiction of the Authority and the City of Milner over solid waste management in the County. 3. Compliance with SWP. Although Carlyle has never submitted any plans to the Authority, it is apparent that its proposed facility does not comply with the SWP and would have a negative impact on the public health and environment; therefore, the Board’s letter to the EPD is a misstatement of the facts. 4. Execution and Attestation. The Chairman of the Authority is authorized to execute this Resolution, and the Secretary is authorized to attest and seal this Resolution and forward same to the Georgia EPD. 5. Severability. To the extent any portion of this Resolution is declared to be invalid, unenforceable or non-binding, that shall not affect the remaining portions of this Resolution. 6. Repeal of Conflicting Provisions. All Authority resolutions are hereby repealed to the extent they are inconsistent with this Resolution. 7. Effective Date. This Resolution shall take effect immediately. THIS RESOLUTION adopted this 20th day of January, 2010. LAMAR COUNTY REGIONAL SOLID WASTE MANAGEMENT AUTHORITY _____________________________ By: Joe Bostwick, Chairman, Attest: __________________________ Secretary, Lamar County Regional Solid Waste Management Authority (SEAL)
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