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Third, there s the issue of good faith.
When the Board of Zoning Appeals initially granted a special use permit for the private landfill in 1977, neighboring landowners were told that solid waste disposal would go on there for two years. The permit issued by the BZA was good for only two years. But when it expired, it was renewed, this time for the life of the state’s permit, which depended upon capacity.
Rightly or wrongly, the regional consultant for the Health Department (then the state’s permitting agency for landfills) determined in his bi-monthly inspections that capacity would be reached in June, 1986. When that deadline arrived and the county had no new landfill or alternative means of solid waste disposal in place, the consultant negotiated an emergency one-year extension.
Adjacent landowners threatened suit but then dropped the legal action when the Rappahannock supervisors affirmed they had no intentions of continuing disposal operations at the Clark site past June, 1987.
Now that deadline has come and gone, and again the neighboring landowners have agreed to forbear a legal challenge provided dumping at the Clark site ceases on December 31,1987. And this time, their agreement with the Board of Supervisors includes a provision for a $1,000 per day penalty for eveiy day that dumping continues after December 31.
Should the supervisors look only for the short term advantage and seek to continue using the Clark landfill, it would be an abrogation of their word. It could drain the county financially. And it could all be to no avail, since the state in a harder, closer look at the eight acre private landfill could find that capacity will be exhausted by December 31 or shortly thereafter.
'Die reassessment of the Clark landfill buys a little time. Nothing more. It is a temporary solution to Rappahannock’s trash crisis.
The longer term solution still lies at the Stover tract, IF tests continue to show that site suitable for solid waste disposal. Or it lies with a site yet to be found. But in any case, the effort to establishment a new landfill cannot be discontinued just because, for the time being, the crisis has passed.
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