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“The state has the authority to close that landfill without this board’s approval, and it has the authority to keep it open without this board’s approval,” he stressed.
“I think we ought to thank Mr. Forman’s department for a very necessary one year extension and hope like hell to have our ducks in a row when that extension runs out,” said Supervisor Nelson Lane.
“I’m not opposed to granting that one-year extension,” Chairman Hubert Gilkey agreed.
“I think we’re skirting the main issue,” cautioned Supervisor Charles Estes. “I think we all realize that the state is going to put Rappahannock in the landfill business. That’s the bottom line!”
If the supervisors state that they have no objection to continued use of the current landfill until July 1, 1987, and that they will make every effort to have a landfill or other suitable method of disposal by that date, “I don’t see any legal problem,” said Mr. Luke. “But legally we shouldn’t be in the position of approving that site.”
The assurances to Mr. Forman taken care of, the board turned to attorney David Konick, representative of several adjoining landowners to the Clark property. Mr. Konick said his clients also want assurances that the current landfill — intially allowed with a two-year special use permit in 1977 from the BZA — will be shut down at the close of the extension period on July 1, 1987. Otherwise, he said, his clients will challenge the Health Department’s approval of that extension.
The board members worked with the commonwealth’s attorney to hammer out a long resolution which
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