MRR seeks 100K tonnage increase in waste disposal

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.”

According to BLWM, the maximum annual disposal rate is the amount of waste that may be received at a landfill during a fiscal year. It is determined by using data reported in the most recent S.C. Solid Waste Management Annual Report.

Increasing the tonnage rate is considered a major modification to the existing permit, they said. A draft permit has been written to incorporate the proposed tonnage increase and is open for public comment. The modification will not affect the previously permitted 68-acre landfill footprint or allowable elevation, they said.

DHEC will hold a virtual public hearing on April 28, 2022, at 6:30 p.m., to accept oral comments on the draft permit. The hearing is being held virtually using an online platform to allow broader access by interested persons. Anyone can join remotely using a phone, computer, or other mobile device.

The public hearing is formal and provides an opportunity for comments to be heard by DHEC staff and recorded by a court reporter, they said, but there will be no questions and answers during the public hearing.

“DHEC values each participant’s involvement in the public hearing and will conduct it in a respectful, orderly manner with reasonable limits on the length of comments, if necessary,” they said.

Interested persons are encouraged to visit DHEC’s webpage at www.scdhec.gov/MRRHwy93LF. Additionally, anyone who plans to participate in the public hearing should complete the registration form on the website no later than April 27, 2022.

Anyone who is unable to access the webpage, or has questions about participating in the public hearing, should contact Justin Koon no later than April 21, 2022, to register and receive the hearing materials.

All comments will be considered before a final decision is made on the draft permit, officials said. Comments will be accepted through May 7, 2022, and may be submitted by email or US Mail to: Justin Koon, DHEC/BLWM, 2600 Bull Street, Columbia, SC 29201. Or email at koonjt@dhec.sc.gov.