WSB seeks injunction to stop Scott County, Kentucky’s waste management plan

Central Kentucky Landfill’s parent company Waste Services of the Bluegrass (WSB) has filed for a preliminary injunction against the Scott County’s Solid Waste Management plan which calls for “zero capacity waste,” once the landfill reaches its capacity, reports the Georgetown News-Graphic.

According to the lawsuit, Central Kentucky Landfill will reach its 9.67 million tons capacity in December.

The lawsuit, which was filed in federal court Oct. 1, names the city of Georgetown, Mayor Tom Prather, Scott County Fiscal Court, and more.

“WSB purchased the Central Kentucky Landfill from the City of Georgetown in 1999 with the understanding and expectation that it would be expanded to meet the growing needs of the community and greater Central Kentucky,” the suit states. “Despite upholding its end of the bargain for over the last two decades, the current Fiscal Court of Scott County has decided to do everything in its power, and outside its power, to prevent any further expansion of the landfill and to shut down WSB’s Scott County operations permanently — without any regard for the massive investment expended by WSB in direct reliance on the actions and representations of Scott County and the impact on a number of Central Kentucky counties and municipalities.”

When WSB purchased Central Kentucky Landfill, its capacity was 3.67 million tons. In 1999, the year of the purchase, the fiscal court authorized the landfill to expand to its current 9.67 million tons.

In 2010, the landfill purchased an adjacent 500 acres for the horizontal expansion and filed a Notice of Intent to expand with the county, held a public hearing and the notice was unanimously adopted by the fiscal court, the lawsuit states.

Earlier this year, the Georgetown News-Graphic reported that WSB filed for a permit modification that would provide “16-20 months” of additional airspace to dispose of municipal waste, but even as the modification was pending the fiscal court approved an amended Solid Waste Management Plan that eliminates accepting any solid waste beyond its current capacity.

The fiscal court also amended its Solid Waste Management Plan declaring the county would no longer allow any landfill waste in the county once the landfill reaches its original capacity. Central Kentucky Landfill filed to expand the landfill about nine years ago, but early this year the state’s Environmental cabinet Secretary Rebecca Goodman upheld a December 2019 decision by administrative law judge Virginia Gorley denying a permit for the expansion.

WSB’s lawsuit claimed several “deficiencies” in the county’s process to amend its Solid Waste Management Plan including the county did not provide adequate public notice once it sought comment on potential “options,” rather than a specific proposed change as required by regulation and the amended plan will have a “disastrous impact” on Central Kentucky’s citizens and numerous local governments. The lawsuit also claims the plan contradicts policies adopted by the General Assembly in 1991 regarding the regionalization and management of solid waste.