Double Blow for Roberta II
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Double Blow for Roberta II
TDEC Denies ARAP, Reclassifies Landfill as Major Modification
By Shane Gilreath
SCN Contributing Editor
[email protected]
Despite what felt like legal gains in a Nashville courtroom, as lawyers for Roberta II and the Tennessee Department of Environment and Conservation (TDEC) clouded legal definitions and fought to authenticate a 2010 letter by County Attorney John Beaty – in a case that most landfill opponents would call black and white – Roberta II did face a pair of significant setbacks last week that could reshape the trajectory of the proposal in Scott County.
First, TDEC denied the landfill’s application for an Aquatic Resource Alteration Permit (ARAP), a significant win for those across Scott and McCreary Counties who have publicly opposed the project. Then, the agency ruled that the landfill’s recertification request constitutes a “major modification,” not the minor adjustment Roberta II had long maintained. That distinction carries major implications. A major modification sends the proposal back through the local approval process, meaning the Jackson Law – which allows local approval of waste management issues – once again applies at both the county level and within the municipalities of Winfield and Oneida.
The ARAP denial itself was sweeping, listing issues that have become important parts of the object ion to Roberta.
The Division of Water Resources had reviewed plans that called for filling approximately 1,573 linear feet of unnamed tributaries to East Branch Bear Creek, 0.83 acres of non-isolated wetlands, and 0.18 acre of a jurisdictional pond. To offset those impacts, the applicant proposed restoring 2,671 linear feet of a tributary to Jones Branch and purchasing 1.46 wetland credits.
TDEC, however, rejected the application on multiple grounds, finding the proposal failed to demonstrate that the landfill would not result in pollution to the surrounding area, did not adequately prove a lack of less harmful alternatives, and offered insufficient mitigation to offset the permanent loss of environmental resources. Additional deficiencies included failure to submit the full application fee, which the state agency has cited in previous letters to Roberta organizers.
Of particular concern to TDEC was the risk of acid rock drainage. Both the landfill site and the proposed mitigation area sit atop geologic formations known to produce acid drainage, a condition that can severely degrade water quality. The Division noted that the applicant failed to evaluate this risk, raising the possibility of long-term pollution affecting streams, wetlands, and groundwater.
The state agency, who are currently sued under the Rock Properties case, also challenged landfill’s design, including plans to route headwater streams through a French drain beneath the landfill. TDEC concluded that such alterations would likely result in total functional loss of those streams and could lead to contamination if the system failed, an outcome deemed difficult to detect or repair over time.
Huntsville Mayor Dennis Jeffers welcomed the decision, calling it “a good day for Scott County.” Local organization Cumberland Clear, who came together largely as a result of the Roberta project, echoed that sentiment while urging vigilance.
“Celebrating this moment matters, but so does what comes next. Stay engaged. Stay vocal. Together, we can stop this,” the group said, adding that the ruling validates longstanding concerns about risks to water, land, and public health.
Both the ARAP denial and the major modification ruling are subject to appeal by Roberta II, ensuring that, despite last week’s setbacks, the local fight over the landfill is far from over.
“Celebrate today and keep on pushing,” said Cumberland Clear President Jennifer Shockley. “We are going to stop until this threat no longer looms over our communities.”
