DATE:   July 10, 2008

TO:   Concerned Citizens

FROM:   Kent M. Coleman, P.G., Director,   Division of Mining and Solid Waste Management

SUBJECT:  Class 2 Solid Waste Landfill Permit, Permit Issuance for Greenpointe Landfill, Permit # LF2-001, Anderson County

After careful review of information submitted by Greenpointe, LLC (the Applicant), the South Carolina Department of Health and Environmental Control (the Department) has approved the permit application for a new Class 2 Landfill (previously Construction, Demolition and Land Clearing Debris Landfill). The landfill is located on Hamlin Road, approximately one (1) north of the intersection of Hamlin Road and Old Greenville Highway ( SC 88 ) in Powdersville, South Carolina. The approved Permit and a Staff Decision Summary Report have been enclosed for your information. The Staff Decision Summary Report addresses comments received during the public comment period for the proposed landfill.

This decision of the Department becomes the final agency decision fifteen (15) from the date of the certified mailing of this decision unless a written request for a final review is filed with the Department. This decision may be appealed by complying with the requirements described in the attached Notice of Appeal Procedures, provided as a courtesy by the Department.  If you have any questions regarding the solid waste permit, you may call John M. McCain of my staff at (803) 896-4067.

KMC/JMM/jmm

Enclosures

1. This decision of the S.C. Department of Health and Environmental Control (Department) becomes the final agency decision 15 days after notice of the decision has been mailed to the applicant or respondent, unless a written request for final review is filed with the Department by the applicant, permittee, licensee, or affected person. 

2. An applicant, permittee, licensee, or affected person who wishes to appeal this decision must file a written request for final review with the Clerk of the Board at the following address or by facsimile at 803-898-3323. 

Clerk of the Board
SC DHEC
2600 Bull Street
Columbia, SC  29201

3. The request for final review should include the following:
a. the grounds on which the Department’s decision is challenged and the specific changes sought in the decision
b. a statement of any significant issues or factors the Board should consider in deciding how to handle the matter
c. a copy of the Department’s decision or action under review

4. In order to be timely, a request for final review must be received by the Clerk of the Board within 15 days after notice of the decision has been mailed to the applicant or respondent.  If the 15th day occurs on a weekend or State holiday, the request is due to be received by the Clerk of the Board on the next working day.  The request for final review must be received by the Clerk of the Board by 5:00 p.m. on the date it is due. 

5. If a timely request for final review is filed with the Clerk of the Board, the Clerk will provide additional information regarding procedures.  

6. The Board of Health and Environmental Control has 60 days from the date of receipt of a request for final review to conduct a final review conference.  The conference may be conducted by the Board, its designee, or a committee of three members of the Board appointed by the chair. 

7. If a final review conference is not conducted within 60 days, the Department decision becomes the final agency decision, and a party may request a contested case hearing before the Administrative Law Court within 30 days after the deadline for the final review conference. 

The above information is provided as a courtesy; parties are responsible for complying with all applicable legal requirements.

A permit from the Department of Health and Environmental Control could give the green light to a controversial proposed landfill in Powdersville, but some residents are trying to stop the development.

“The citizens in Three and Twenty (precinct) aren’t going to stop on this, and neither am I,” said Anderson County Councilman Ron Wilson. “This is in no way over, and we’re going to fight it as long as we can.”

DHEC intends to issue the final permit for the proposed construction and demolition landfill on Hamlin Road next week, said agency spokesman Adam Myrick. Residents have 15 days to appeal. 

Ann Smith, who has been instrumental in the community response, said an appeal was already in the works.

But residents may get another chance to have a say in the decision next month when a referendum vote will be held on a zoning plan for the area.

According to Wilson, a moratorium on land-use permits is currently in place for Three and Twenty precinct pending the outcome of the zoning vote. If passed, the land-use map would not allow for the landfill’s location within the precinct.

Smith said she’s sending out information, posting signs and recruiting area residents for the Aug. 12 vote.

“I don’t think the community is going to bend to this thing at all,” Wilson said.

Opposition to the landfill has centered primarily on environmental concerns, including soil and water contamination from the unlined landfill, damage to two-lane Hamlin Road and declining property values.

Ann Bishop, who got involved after attending a community meeting at Wren High in February, said the proposed location is not appropriate.

“We are not looking at what’s good for this community,” she said.

A proposed landfill in northern Anderson County that caused a community uproar in the spring is on the verge of reality with a decision from the Department of Health and Environmental Control.

Adam Myrick, DHEC spokesman, said that a final permit for the construction and demolition landfill is expected to be issued next week.

An appeal of DHEC’s decision can be made within 15 days of the permit’s issuance, Myrick said.

The proposed Greenpointe landfill along Hamlin Road stirred residents and local officials to outspoken protest, citing possible environmental repercussions, damage from heavy trucks to two-lane Hamlin Road and water and soil contamination from the unlined landfill.

Anderson County is truly, richly blessed — but you already know that. You have a phenomenal amount of lake shore (400 miles) and all of its views and recreational options, as well as proximity to the mountains, Atlanta, Clemson University, ICAR. There are beautiful downtowns, renowned events such as the 2008 Bassmaster Classic, excellent schools, interstate highway with 40 miles of frontage, and pastoral equestrian and agricultural fields. The word I think of first when I look at Anderson County is opportunity.

There are opportunities to create high quality economic development and housing options with features that other counties just don’t have (capitalizing on access and recreation). There are opportunities to recruit high-wage industries, emphasizing the region’s educational assets and expertise in advanced materials, logistics and automotive research and supply. And there is the opportunity for Anderson County to control its own destiny.

But there are also opportunities for outside entities to come in and dictate to you what your landscape will look like in the future. One perfect example is the proposed Greenpointe construction-and-demolition (C&D) landfill off Hamlin Road in northern Anderson County. This site is near a developing residential area and near Pickens Creek. C&D landfills are not required to have liners and often wind up with demolition materials such as asbestos and lead-based paint. If the landfill meets the South Carolina Department of Health and Environmental Control’s (DHEC) permitting guidelines, then permitting could be allowed. The one tool all counties have in controlling the placement of landfills is called a Consistency Determination. DHEC considers whether the proposed project is consistent with local zoning, ordinances, and solid waste management plans. In the past, there has been room in the process for counties to make changes to their plans to prohibit a landfill if it was not desired by local residents. Proposed new DHEC rules will prohibit this option. DHEC will look at local plans, zoning, and other ordinances only once, at the beginning of the permitting process. There will be no opportunity for the county to react.

But Anderson County has an advantage over many in South Carolina. You already have in place “community-based zoning.” You are the only county in the Upstate to have this process. Each voting precinct can decide its own land use planning. Thus far, about 20 percent of the county has elected to plan its destiny (a map is available on the county Web site). But the Greenpointe landfill parent company is trying to locate that facility in a precinct that has not yet elected to take advantage of this process. Is that just a coincidence?

The larger issue here is not the landfill itself, but rather, taking advantage of the opportunity to look at your district and your county and decide for yourselves where things should go, now and in the future. We all need landfills. They won’t go away, especially as we grow. Anderson County’s population grew a whopping 8.6 percent between 2000 and 2007, tying with Spartanburg County and second only to Greenville County. By comparison, Abbeville, Laurens and Union counties either stayed static or lost population. Lake Hartwell, I-85, and proximity (Clemson, Atlanta) are clearly huge assets. But is there a better place in the county for future landfill capacity?

This decision should be made by Anderson County citizens and not by an outside commercial interest.

Anderson County is poised for great things. Don’t miss this opportunity.

Shelley Robbins is Project Coordinator for Upstate Forever. E-mail: srobbins@upstateforever.org.