Continuously serving Kosciusko County since 1854
Kosciusko County's prohibition of out-of-state trash in Ransbottom Landfill will be rescinded in light of a U.S. Supreme Court decision made five years ago, according to a county spokesman.
The exclusivity agreement made in 1989 when Ransbottom expanded its operation in southern Kosciusko County is being challenged by its owners.
A suit was filed in November in Kosciusko County Superior Court I after representatives of both sides met to discuss the issue
Although there is nothing the county can do, officials chose not to settle without the case being filed.
Superior Court I Judge Duane Huffer will likely enter a simple declaratory judgment nullifiying the agreement, said Mike Reed, who represents zoning matters for the county.
Opening the door to out-of-state trash will likely mean the landfill will reach capacity sooner than expected.
"It's only logical that it would fill up faster," said county commissioner Eddie Creighton.
When the landfill was expanded in 1989, officials said they expected it to operate for possibly three decades. How much faster that day will arrive is difficult to estimate.
Regardless, the need for more landfill space will "fall back on the county" sooner than expected Creighton said.
According to several people familiar with the issue, Kosiusko County has enjoyed a good, and apparently rare, relationship with its local landfill operators compared to other communities. Exclusivity agreements have fallen by the wayside since the Supreme Court decision. County attorney Mike Miner said he was uncertain how many counties still have such agreements in operation.
Creighton said state officials who attended the expansion hearing in 1989 noted an unusually large amount of local support for the landfill. Very few people spoke at the meeting against the expansion.
"We've been fortunate to have Ransbottom," said commissioner Avis Gunter.
By removing the agreement, Ransbottom makes the landfill more marketable should they decide to sell.
Ransbottom attorney Steve Snyder said he believes the company may consider selling the facility. Kosciusko County Solid Waste District director Marsha Eikenberry said nullification of the agreement is unfortunate. Earlier this week, she met with members of the county board of zoning appeals who expressed their opposition to the change.
