Apr. 19—PICKENS COUNTY — MRR Pickens, LLC, the group at the center of the ongoing "coal ash" lawsuit, is seeking to increase their landfill disposal rate by over 100,000 tons per year.
According to the South Carolina Department of Health and Environmental Control (DHEC) and the Bureau of Land and Waste Management (BLWM), MRR Pickens received a permit from DHEC in November 2008 to construct and operate the Highway 93 Class 2 Landfill.
While the landfill has not yet been constructed, the permit has remained in place and effective since that time, according to DHEC. MRR is currently requesting to update the maximum annual disposal rate for the landfill from 70,500 tons per year (TPY) to 175,339 TPY — an increase of 104,839 TPY.
MRR has been involved in lengthy litigation with the county over the use of the Highway 93 landfill, stemming from a permit modification in 2015.
The modification, which was approved by DHEC, would allow MRR's proposed landfill near Liberty to accommodate coal ash.
According to the Environmental Protection Agency, coal ash contains toxic chemicals, such as mercury, lead and arsenic. It is a known carcinogen and is highly soluble in water, which causes leaching and water contamination issues. In addition to water contamination, disposal of coal ash can also lead to tiny coal ash particles blowing up into the atmosphere and then being inhaled by nearby populations.
Records state that initially, MRR proposed a basic "Class 2" landfill which would accept the types of waste associated with landscaping and construction. This landfill design underwent an extensive public notice and publication process, and in 2008, the Class 2 permit was granted with Pickens County's cooperation and consent.
The controversy arose when that permit was modified, without any notice to Pickens County or residents neighboring the landfill, to a design suited for disposal of much more noxious waste.
Notice and timeliness were at the center of the appeal, with Pickens County arguing that MRR had met surreptitiously with DHEC in order manipulate the permitting process and hide the controversial disposal of coal ash.
Nearly seven years later, the suit is ongoing, but may be drawing to a close in the coming months.
"As settlement negotiations are currently progressing, neither party may issue comments on the lawsuit," said Pickens County Attorney Les Hendricks. "Pickens County is aware of the application by MRR to expand the tonnage under the 2008 permit (which is not the subject of the lawsuit.) The materials requested to be placed into this landfill under the 2008 permit are construction, demolition and land clearing debris. (Class 2 Landfill). There would be no coal ash in the landfill pursuant to this application."