A lawsuit that has been ongoing for several years has been resolved with R&B Landfill to pay Banks County $1 million and the host fee paid to the county increasing.
The Banks County Board of Commissioners met in closed session for 10 minutes Tuesday night and then opened the meeting to discuss the settlement with R&B Landfill.
The main point of contention has been whether Poole Road is a public or private road. The county has said it is a private road, but landfill officials said it is public and wanted to use it for their business. The court ruled that it is a private road.
“The court has entered a consent order that determines that the disputed portion of Poole Road is not a public road,” county attorney Randall Frost said Tuesday night. “In addition, the county, as part of the settlement, will receive $1 million.”
The county will also receive up to $90,000 to run a water main along the paved portion of Poole Road. The settlement also calls for the host fee paid to the county to increase from $1 per ton to $1.85 per ton.
The settlement also states that if R&B Landfill begins commercial operation of a gas plant substation on the landfill property, the company will pay the county an additional .15 cents per ton as an additional increase in host fees. The landfill company also agreed not to request any permits for expansion onto the Garrison property prior to Jan. 1, 2020.
