MRR Sandhills, LLC, proposes to build a municipal solid waste landfill on the North Carolina border in Marlboro County. DHEC has issued two preliminary approvals: demonstration of need and consistency with the county solid waste plan. Marlboro County has appealed both of these approvals and these appeals are pending in the Administrative Law Court. We filed a motion to intervene for Citizens for Marlboro County. Marlboro County ships its garbage to the Lee County Landfill and argues that there is no need for this landfill, and we are supporting the county’s argument.
The case was assigned to Judge John McLeod. DHEC filed a motion to dismiss on the issue of whether the appeals are premature. Judge McLeod conducted a hearing on that motion on June 19, 2009, and issued an order of dismissal on July 20, 2009, agreeing that the appeals were premature and that Marlboro County and Citizens for Marlboro County will have an opportunity to appeal the need and consistency determinations when the final permit is issued. We have also been successfully assisting our clients in pushing County Council and the County Board of Zoning Appeals to deny rezoning and other attempts by MRR to site a landfill in the County. So far the County Council has denied rezoning and the BZA has denied a special use permit.
Client: Citizens for Marlboro County
Other parties: Marlboro County, DHEC, and MRR Sandhills, LLC
Attorneys: Steve Weber for Marlboro County, Etta Williams for DHEC, Dick Harpootlian and Jessie King for MRR Sandhills, LLC