The Butler County Landfill’s plan for a major expansion has new life after a judge said the county could not recommend the state deny it.
District Court Judge Mary Gilbride ruled Feb. 7 the landfill expansion application should have been approved by the Butler County Board of Supervisors in December 2015. The landfill had appealed the denial in 2016.
The expansion for one of the state's largest landfills would extend its life 30 years. Without the expansion, it's expected to be filled in seven to nine years.
The county could appeal Gilbride's decision, but Butler County Attorney Julie Reiter said she had not yet reviewed the ruling.
Landfill officials said they will return to planning, which includes construction of a paved road from Nebraska 92 south of David City to State Spur 12B, which runs between Abie and Nebraska 15. It essentially would create a paved bypass around David City.
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“The ruling brings us a step closer to paving the road,” said Kelly Danielson, district manager of Waste Connections, which owns and operates the landfill.
The expansion of the landfill, which serves much of eastern Nebraska, awaits approval by the Nebraska Department of Environmental Quality.
“We now look forward to preparing the solid waste permit application for NDEQ review and (for) approval. Timing is hard to project, but we are moving forward expeditiously,” Danielson said.
In December 2015, the County Board voted 7-0 to deny a recommendation of approval to NDEQ. The move effectively stalled the 30-year-old landfill's plan to expand to the south by 160 acres, with 110 acres of new space for waste disposal.
Gilbride said the board’s denial of the landfill application "was not based on competent evidence in the record, was contrary to law and was arbitrary and capricious.”
The landfill permit application followed nearly a decade of back and forth about landfill issues, including heavy truck traffic.
The landfill has paid for upgrades to roads over several years and ongoing maintenance has included dust control and other upgrades.
The landfill has both its supporters and opponents. Local businesses have praised Waste Connections' support of local causes and highlighted the business' economic impact. Area village board members are concerned about losing the convenience of the landfill.
Opponents have raised concerns about the wear and tear on roads and blowing trash that escapes the landfill’s extra fences and trucks hauling waste.
Gilbride said the board incorrectly argued the landfill would serve only Butler County when historically it has served a larger area.
In its denial, the County Board also claimed the landfill had not evaluated the potential for adverse health effects from exposure to pollution. The judge wrote Waste Connections had provided the necessary evaluation.
Another issue cited by the board was whether the landfill provided a design to minimize the impact on existing traffic flows as required by state law. The judge ruled state law doesn’t require the landfill to cure traffic problems.
Gilbride said Waste Connections had proved it is not feasible for Butler County, David City or a political subdivision within Butler County to permit and construct an entirely new transfer station in an effort to meet the needs of the landfill's intended service area.
She said they showed the landfill will run out of space in seven to nine years and it takes 10-12 years for a new facility to obtain a permit and become operational. They also proved the landfill is unique among Nebraska landfills in its ability to receive and process tires and fly ash.
“No evidence appears on the record to controvert this evidence," Gilbride said in her ruling. "The findings of the board that the proposed expansion is not necessary to provide service to the area to be served is not supported by the record, is arbitrary and capricious, and constitutes error.”