FAYETTEVILLE -- The Arkansas Supreme Court will be asked to settle a dispute over landfill fees between two Northwest Arkansas solid waste districts, one of the districts said Thursday.
Officials with the Benton County Solid Waste District said they'll ask the high court to review a Court of Appeals ruling costing the district about $170,000 a year.
Waste management
Under Act 1376 of 2001, the Arkansas Department of Environmental Quality is responsible for developing a statewide solid waste management plan every 10 years and setting minimum requirements for the development of plans by the state’s regional solid waste management districts. The plans address ways to reduce landfill disposal and provide appropriate solid waste management services to all Arkansas residents.
Source: Arkansas Department of Environmental Quality
The Benton County district has been embroiled in a lawsuit since 2016 with the Boston Mountain Solid Waste District, which includes Washington and Madison counties, over fees levied on waste generated in Benton County and disposed of at the Eco-Vista Landfill near Tontitown in Washington County.
Pea Ridge Mayor Jackie Crabtree, chairman of the Benton County district's board, said Thursday the board also asked Wendy Bland, district director, to gather information on possible funding alternatives if the decision favoring the Boston Mountain Solid Waste District is upheld.
He said the board will likely discuss the results of the appeal and those alternatives when it meets in January. The board can't do much until then, he said.
"We're circling the airport without a place to land," Crabtree said.
Under a 2011 agreement between the two districts, each district kept the entire amount of the $1.50 per ton fee for waste generated within its district. In 2013, the Boston Mountain district declared the 2011 agreement void and withdrew. Benton County filed a breach of contract lawsuit and was successful in having the 2011 agreement enforced until it expired in 2016.
In 2016, the Boston Mountain district notified Benton County the agreement wouldn't be renewed and presented a new proposal giving the Boston Mountain district $1 of the $1.50 fee. The remainder of the fee would go to Benton County.
The Benton County district filed a lawsuit asking for the division of fees to be declared unconstitutional and seeking an injunction to have the disputed money from the fee held in escrow until the lawsuit was decided. Bland said Thursday about $170,000 has been placed in the escrow account each year since 2016.
The state Court of Appeals issued a ruling Oct. 30 denying Benton County's requests. The district has 30 days to appeal.
The Boston Mountain district's board voted Thursday to send a new agreement covering the division of fees to Benton County. The two districts would divide the fee evenly under the new agreement.
Springdale Mayor Doug Sprouse, chairman of the Boston Mountain board, said Thursday he didn't know if Benton County will appeal, but the Boston Mountain will proceed under the Court of Appeals ruling.
"We're pleased with the decision," Sprouse said. "It's a situation where we believe the district is in the right. We'll move forward considering the decision made in our favor."
The Boston Mountain district's board approved another interlocal agreement Thursday with the newly formed Carroll County Solid Waste District. Under that agreement, the two districts will evenly split the $2 per ton fees for waste disposed of in the Eco-Vista landfill.
NW News on 11/15/2019