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Public process
But no matter how short term the landfill is, a site should be selected only after the Board of Supervisors publicly establishes criteria, Mr. Reynolds argued. For instance, he said, if the board decides that access to a landfill must be from a primary road, then basically 95 percent of Rappahannock County would be eliminated from consideration. Other criteria, such as slopes and proximity to residential development, would narrow the choices even further. “Then you take a map and say ‘This is the area in which we will consider a landfill site.’ ” Mr. Reynolds continued. “After that, you apply geological and hydrological criteria, and you’ve narrowed it down to 5,000 acres, or less.”
To this point, the site selectipn process has been conducted in public, the attorney pointed out. “Now you deal privately with landowners ...The people in the area you’ve picked will be upset, but as long as you’ve done everything in a public way, you’ll be in a whole lot better position to win if someone takes you to court,” he told the supervisors.
“I know you’re in a tight spot,”
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