A LONG LEGAL battle to determine the fate of a proposed dumping facility in south Madison County will soon come to an end.

The Mississippi Supreme Court recently appointed a new judge to preside over an appeal that could move property owners one step closer to building a new landfill on property on West County Line Road.

The high court also handed down a ruling requiring that the new magistrate must make a decision on the case by January 7. The decision came in October, weeks after the previous judge overseeing the case passed away.

Eric Hamer, an attorney for Mike Bilberry, owner of the property where the landfill will be located, said Chancery Judge Kennie Middleton died in mid-September. Chancery Judge William Lutz is now residing over the case.

“The county hopes to have a resolution of the matter and to move forward in the near future,” he said. Hamer is also attorney for the Madison County Board of Supervisors.

Previously, Hamer told the Sun that he was frustrated by the fact that Middleton had not made a decision in the case three years after hearing arguments.

The proposed NCL Waste, LLC Landfill has been at the heart of controversy since county leaders amended its waste management plan in 2005. The plan calls for the construction of the NCL Waste site, which should serve residents for the next 20 years.

Critics of the plan say it will increase the number of landfills in Madison and take away from the quality of life for residents living along County Line.

Despite those concerns, the master plan was approved by the Mississippi Commission on Environmental Quality.

In 2006, the Hinds County board of supervisors appealed the commission’s decision to the Hinds County Chancery Court, arguing that the landfill would cause undue health risks for families in the area and wreak havoc on the county’s infrastructure.

Judges in Hinds recused themselves from the case. Officials with Hinds County were unavailable for comment.

THE LANDFILL would sit on a 165-acre tract of land that would touch the southern border of the Little Dixie Landfill, a site that Madison leaders say is quickly reaching capacity.

“We are required under the Department of Environmental Quality (DEQ) to have a plan that looks 20 years into the future,” Hamer said. “The Little Dixie Landfill will be full in five to seven years.”

Mark Williams, administrator of the solid waste policy and planning branch with DEQ, disagrees with Hamer’s estimate. “I believe that’s a little short,” he said. “I think it will be good for a bit longer.”

Estimates are based on information received by landfill officials. The lifespan of a dumping ground is determined by the volume of waste brought into the facility in a 12-month period. DEQ’s 2008 report shows that Little Dixie will be able to take in waste for the next 19 years.

In previous interview Hinds Supervisor Doug Anderson said about eight families live in the area, with two other residential developments located nearby. “I have a real problem with it because people in the area across the street are on well water,” he told the Sun earlier this year “These cells leak and contaminate the surrounding environment. They can cause encephalitis and various mosquito-borne diseases.”

In addition to posing health and environmental risks, Anderson said he’s also concerned that the county’s infrastructure will be damaged as a result of the new landfill.

NCL Waste would likely take in garbage from surrounding areas and trucks would cause much damage to roadways, he said.

Even if Lutz does rule in favor of Bilberry, officials with DEQ said there are still several steps that have to be taken before the landfill can be approved.

Billy Warden, administrator of the solid waste and mining permitting branch, said DEQ still must grant Bilberry a solid waste management permit, a stormwater permit, a Title Five air permit to regulate emissions, and pre-treatment permit.

NCL Waste applied for the permits between February and May of this year. The documents deal with ensuring that air and water quality are not hampered by the landfill. “No permits have been approved,” he said. “It’s a pretty lengthy process.”

ADDITIONALLY, the landfill must also be agreed to by the U.S. Army Corps of Engineers. According to a public notice posted online, residents opposed to the landfill had to file a request for a public hearing by June 23, 2009.

At least one request was filed, but officials with the corps had yet to set a public hearing at the time of publication.

According to the corps’ document, NCL owns the land and would be operating the landfill. The proposed capacity of the facility would be 14,200,000 cubic yards of waste. The permit is needed because its construction would have an impact on the surrounding environment.

“Approximately 1.36 acres of forested wetlands and approximately 3,829 linear feet of … stream would be filled by the proposed work. The applicant conducted an alternatives analysis in order to choose the least damaging practicable alternative project site and plan,” the corps states. “The site chosen … is located in an area with existing landfills and few low-density residential dwellings.”