Rebuffed by Henrico, landfill owner takes coal ash matter to court

HENRICO, VA (WWBT) – A debate over landfill materials is moving from the community to the courts.

East End Resource Recovery, formerly known as The East End Landfill, announced that it filed an appeal in Henrico County Circuit Court following an unfavorable ruling Thursday by the Henrico County Board of Zoning Appeals.

Thursday morning, the BZA affirmed an earlier decision that aims to forbid the landfill from storing or using coal combustion byproducts, commonly known as "coal ash", at its Darbytown Road facility. Landfill operators claim the coal ash is used as fill material in an environmentally safe way. Neighbors who live near the landfill claim the material has the potential to put their health at risk and is not permissible under local zoning regulations.

In a statement, landfill CEO Mathew P. Appelget said the local BZA does not have jurisdiction in the matter. "We are in compliance with state and federal regulations regarding the use of CCBs. We want to have our day in court to resolve this matter," he said.

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