LIBERTY — Gary Poliakoff, an attorney hired by the Pickens County Council to represent the county against MRR, stated that he plans to countersue the company for fraud, misrepresentation and violation of fair trade practices.
The announcement came during an informal question and answer forum between residents and community leaders regarding MRR Pickens LLC’s plans to dispose of coal combustion residuals (CCR) in a landfill site near Liberty.
MRR did receive the green light from the state Department of Health and Environmental Control to install the landfill with a liner but the county’s dispute is that DHEC did not upgrade the proposed facility from a Class II to a Class III.
Instead, the state agency sided with MRR, calling the change a “minor alteration.”
“This is not a ‘minor alteration,’” said Poliakoff. “This is in direct contrast to what was initially approved (by the planning commission).”
“Can we sue DHEC,” asked a resident attending the meeting. “Or is this a case where it’s a government agency and there’s nothing we can do?”
“I think we’re in the mood to sue everybody,” said County Councilman Neil Smith, who represents the Liberty area, and served as moderator during the forum.
MRR originally filed suit against Pickens County and the county’s planning commission after the county suspended the company’s land use permit.
“They (MRR) have individually named the members of the planning commission in the suit,” said Poliakoff. “This just isn’t done.”
In addition to the lawsuits, the county has other options to prevent the dumping of CCR.
“Representative Davey Hiott got a bill passed that says coal ash should go into a level III landfill and probably got it done in record time … three days,” said Smith. “Sen. (Larry) Martin also has a bill pending, but he was explaining that it (passing a bill) takes a bit more time because of their rules and procedures.”
MRR has also offered to enter negotiations to sell the land to the county to which several members of the County Council stated they would be open to, depending on the price.
“Not one person has been able to even tell me how much they want for it,” said Smith.
The hearing for MRR’s injunction to overturn the suspended land use permit is scheduled for Feb. 18 and Poliakoff stated that he would be “loaded for bear.”
“I’ve gone up against the big guys before,” said Poliakoff. “I’m confident of the county’s chances.”
