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Why can’t Cumberland supervisors just scrap the proposed Green Ridge landfill project? That was one of the questions raised during the town hall meeting held earlier this week. On Tuesday, Sept. 24, supervisors and county staff invited residents to Spruceberry Farm, to outline current projects and answer questions. 

The proposed Green Ridge Recycling and Disposal Facility was brought up multiple times, with several residents making it clear they don’t want the project happening here. More than that, they wanted to know why the county supervisors can’t just say ‘we’re not interested’ and tell Green Ridge Virginia to move on. The answer to that is, to avoid a lawsuit from Green Ridge, county officials have to let the company go through the regular permitting process. That’s due to what a previous board agreed to back in 2018. 

In August 2018, the Cumberland board of supervisors voted 3-2 to adopt a community host agreement with Green Ridge Recycling and Disposal. Of the members at that time, then-Chairman Kevin Ingle and District Two Supervisor Lloyd Banks voted in opposition to the motion and District One Supervisor William “Bill” Osl, District Four Supervisor David Meinhard and District Five Supervisor Parker Wheeler voted in favor. Now that history applies today because of the wording of the agreement.

In Sect. 3.5(b) in the host agreement, it says the county has to cooperate with Green Ridge’s efforts to obtain permits, provide data pertaining to the landfill as requested and send them through the regular process for approval or rejection. Basically, if attempts are made to reject the project without allowing the company to go through the regular application process, it violates the agreement the previous Cumberland supervisors willingly signed. And in turn, opens the county up to a lawsuit. 

Green Ridge starts the process

In order for the proposed Cumberland landfill to be either rejected or approved, first it has to go through the full conditional use process. Green Ridge Virginia, part of GFL (Green for Life) Environmental, has to apply for a permit with Cumberland, requesting permission to move forward with the landfill. The company has taken the first step in that process, as county staff acknowledged Tuesday night that the permit has been filed. 

“We have received a preliminary application for their conditional use permit, but it is not complete at this time,” Cumberland County Administrator Derek Stamey said. “Once it’s completed, then we can post that publicly on our webpage. (But) there are some things that have to be addressed on their application. There’s an extensive amount of review that has to take place before we deem it complete.” 

Stamey told the crowd Tuesday that the application had arrived last week. He couldn’t give an estimate as to when it would be complete and ready to move to the next step. And by next step, we mean the same process as any permit request. It’ll be brought before the planning commission, which will hear the request and hold a public hearing. After that, the planning commission decides if they recommend it or not to supervisors. Then it would go to supervisors, where another public hearing would be held. Afterward, the board could make a decision. 

Why didn’t supervisors speak? 

Cumberland supervisors didn’t speak during Tuesday’s discussion, and haven’t in previous meetings where the Green Ridge topic has come up. The reason again goes back to that host agreement signed back in 2018. Going back to Sect. 3.5(b) of the document, halfway down the page, you’ll find the part that draws red flags. 

“The County will take no action intended to frustrate or prevent Green Ridge from receiving and maintaining a permit, and other local permits and approvals that are consistent with the applicable ordinances and zoning, including any conditional use permits,” the document says.  As to what is considered ‘action to frustrate’, that can be open to interpretation. For example, back in 2020, then-Supervisor Ron Tavernier was given a cease and desist letter for simply the way he spoke about the project at meetings. Tavernier in those meetings opposed the landfill, calling for it to be derailed and the permit denied. 

Green Ridge’s legal counsel at Woods Rogers took offense to that, stating that “Tavernier’s statements and actions are outrageous and not consistent with paragraph 3.5(b) of the host agreement,” in that July 9, 2020 cease and desist letter.
The letter goes on to say “we all should want to avoid the untold damages that would ensue if Green Ridge’s project failed because the County did not fulfill its obligations under paragraph 3.5(b) of the host agreement.”

What if the county doesn’t follow the agreement?

The implication right there being pretty clear that legal action could follow if Green Ridge’s project failed due to the county not fulfilling the requirements of the host agreement. That’s why both Cumberland supervisors won’t comment on the landfill and why the county board overall can’t just say ‘thanks, but we’re not interested’.

They could have, back in 2018. But since the host agreement was voted on and signed, this current board is legally bound to follow what their predecessors agreed to.