MARTINSBURG, W.Va. - The North Mountain landfill near Hedgesville, W.Va., will retain a monthly and daily tonnage limit for now, but has the right to challenge the limits in a future lawsuit, a federal judge ruled last week.
A settlement order signed March 26 by U.S. District Judge Craig Broadwater upheld the 500-ton daily limit and 9,999-ton monthly limit at LCS Services Inc. on Allensville Road.
Five of the six defendants named in the 1996 lawsuit agreed to the settlement order - former Gov. Gaston Caperton, the state Division of Environmental Protection, the state office of Waste Management for the DEP, the state Public Service Commission and the state Department of Tax and Revenue.
Only the Berkeley County Solid Waste Authority refused to sign.
"There are several factors as to why we chose not to sign off on the proposed settlement," said Clint Hogbin, chairman of the authority. "The primary reason was there was an effort by the plaintiffs to incorporate a side agreement to remove the 500-ton-per-day cap. We're pleased that Judge Broadwater did not incorporate the side agreement into the final order."