The Madison County board of supervisors has requested additional time to respond to a lawsuit filed by NCL Waste LLC. (North County line). The board opted to wait for the results of the Ridgeland annexation trial and two possible landfill expansions in Canton before responding.
The verdict of the Ridgeland annexation trial could claim some of the property NCL Waste wishes to develop into a landfill. If Canton does expand their landfill, it would also make a third landfill unnecessary.
NCL Waste is suing the board after they voted to table conducting a needs assessment on the Madison landfill.
In January of 2020 the MDEQ permit board (Mississippi Department of Environmental Quality) voted to table NCL Waste’s permit request until the Madison county supervisors submitted an updated needs assessment. The needs assessment is NCL’s last prerequisite before applying for the needed permits to operate the landfill.
Then in June the NCL Waste attorney, John Brunini, made a request to be added to the board of supervisor’s agenda for the mid-June meeting. In the letter Brunini requested Madison county direct its contractor to prepare the updated needs assessment including a determination of need for the proposed landfill. He also stated that NCL Waste would reimburse the county for the cost of the assessment keeping it from being a public expense.
But, before the meeting Brunini withdrew his request to present the board, citing the need for additional time for NCL Waste to “meet with the board attorney and other interested parties to more thoroughly evaluate the options and alternatives available to the parties prior to any final action by the board concerning the request made by NCL in its June 9, 2020 letter.”
However, when supervisors met in mid-July District Four supervisor Karl Banks made a motion to move forward with the needs assessment. The motion was brought forward and failed in executive session.
On September 9th NCL Waste filed a lawsuit suit in Madison County Circuit against the board of supervisors. NCL Waste LLC. is seeking $60 million for what they call a breach of contract after the supervisors voted to hold off on conducting the new needs assessment.
NCL argues that as early as 2008, their company began the process of developing a third landfill with Madison county on board.
In Brunini’s initial response to the tabling of the needs assessment he cited an agreement which read “Section 2.2 of the host fee agreement between Madison County and NCL Waste requires Madison Co. to assist and cooperate with NLC Waste in its effort to obtain the relevant environmental permits.
Madison County attorney Mike Espy said the board plans to “vigorously defend the county.”
Mark Williams, MDEQ solid waste and recycling program administrator said there has not been a needs assessment since 2003, hence the need for an update.
The 166-acre property is located at 2858 North County line road near Ridgeland, with approximately 89 acres projected to be designated for disposal area.
NCL Waste, LLC. submitted applications for the following permits: a solid waste management permit for the operation of the proposed municipal solid waste landfill; a national pollutant discharge elimination system permit for the storm water runoff; a wastewater pretreatment permit for the discharge of a leachate to a permitted wastewater treatment facility; an Air Permit to construct air emission equipment; and a water quality certification regarding impacts to waters of the state and wetlands.