Citizens group stops landfill expansion

      With Georgia's Banks County Planning Commission and board of commissioners expect to vote on the proposed expansion next month, the citizens group, named CALE (Citizens Against Landfill Expansion) met in the old Banks County courthouse to discuss effective options in voicing their opposition. They won! The county commissioners voted to stop the Waste Management proposal to expand their landfill. They voted 2-0 with the chair not voting (unless a tie). 
     At their first meeting Organizer Tammy Purcell said she was pleased with the turnout of citizens.  Approximately 100 people attended the meeting held at the historic courthouse in Homer.
Following last week’s initial meeting, Purcell said the group is still considering the possibility of obtaining legal counsel to represent it at the upcoming county meetings and for possible legal action.
During CALE’s meeting Aug. 25, Susan Garrett, a lawyer from Decatur who specializes in zoning issues, spoke to the citizens in attendance.
“I have spent the last 15 years representing groups like this,” Garrett said. “It is possible to fight city hall or the county commission. It happens all the time. It is a lot of work, and sometimes the deck will be stacked against you legally.” Garrett said the expansion of a landfill requires “a lot of hoops be jumped through” and permission ultimately has to be given by the EPA.
     “The first step for the landfill company would be to get the proper zoning approved and that is coming up next month,” Garrett said. “It is possible to go to court and challenge zoning conditions.” Garrett, who emphasized that she had not been hired by CALE, said she encouraged citizens to be prepared when it goes to next month’s planning commission and board of commissioners meetings and to possibly have a legal spokesperson.
     “The rights of the citizens have to be balanced with the rights of the landfill owners,” Garrett said. “I recommend you hire someone within 30 days of the day of the zoning change to file a lawsuit. This is something that can cost a lot. However, you need to lay the groundwork to file a lawsuit if it comes to that.” Garrett also told those in attendance to “be organized and be united.”
“To fight this will not be easy and not be cheap, but it is possible,” she said. Purcell said she is encouraging citizens to attend CALE’s Sept. 8 meeting as well as the two county meetings Sept. 12 and Sept. 13.
     “People have a right to know what’s going on,” Purcell said. “Almost everyone I have talked to is against this expansion with the exception of the people who work at the landfill.” Purcell said the group is in the process of getting petitions signed by citizens who oppose the landfill expansion.
Several representatives and employees of Waste Management, Inc., the company which operates the Banks County Landfill, were in attendance at last week’s citizens’ meeting.
     Genell Carlan, a lifelong Banks County resident, said she lives near the landfill and has breathing problems which have been documented by doctors. “County officials have a copy of the letter my doctor wrote,” Carlan said. “My doctor said the expansion of the landfill would have an impact on my health.” Carlan said her property has been in her family for decades, but if the landfill expands she will have to move.
      “We are not against the landfill,” Tammy Purcell said. “We are not looking to close it down. We simply don’t want it to expand and to continue to make Banks County a dumping ground. We have concerns about the environment and the water if this expansion is approved. We believe our county officials should listen to what we have to say and consider what the people want.”
     Waste Management already owns an existing 485 acre landfill adjoining the 482 acres they seek to expand on. They have applied for the rezoning of 482 acres on Marshburn Road from ARR (Agricultural, Rural-Residential) to M-1 (Industrial District.) If the rezoning is approved, landfill officials plan to begin using the additional site in the next 15-20 years. R&B Landfill has also applied for a variance for a six-foot fence or wall and for a variance from setbacks of 300 feet of any creek, stream, river, pond, lake or other bodies of water.  
     Tammy Purcell, in a recent speech, said, "I have been in this county for almost 30 years. There are a lot of residents that have been here a lot longer. They have their blood, sweat and tears in their farms and land. This is the land they love too. I look around and see the beautiful scenery here in the foothills of the Northeast Georgia Mountains. I see the rivers and creeks, some of them with cascading waterfalls. I see the rolling pasturelands and the farmers as they tend their cows and chickens to provide food for others, I see the many people young and old that came here to raise their family or retire to a place known for it’s rural atmosphere and kind people. Then I see danger – the danger of a corporate giant breathing down our necks to use up Banks County resources and to poison our land – all in the name of the mighty dollar. I think that is worth fighting for."
(Note: Much of this article came from Banks County News, Aug 21, 2005 MainStreetNews.com)

For Purcell's speech, click HERE

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