Aiken residents oppose proposal for new landfill planned near elementary school

Aiken residents are speaking out against a proposal for the construction of a Class 2 landfill located in the small community of Burnettown, east of North Augusta in Aiken County.

“We want to leave a legacy of land and life in the wake of the legacy pollution that has plagued Horse Creek Valley for decades,” said Courtney Crafton, a representative from Friends of Horse Creek Valley. “Friends of Horse Creek Valley is looking to assure the environmental safety, health and well being of everybody in our community. Unfortunately, we have a past that reflects otherwise.”

Friends of Horse Creek Valley is a nonprofit organization that was formed this year.

In an effort to challenge the permit for the landfill, South Carolina Environmental Law Project on behalf of Friends of Horse Creek Valley filed a challenge in Administrative Law Court on Aug. 16.

Hilltop C&D, the permit applicant, currently operates a 6.5-acre construction and demolition landfill in another part of Aiken County.

Hilltop has developed plans for a new 293-acre landfill called Rabbit Hill to be sited in the Horse Creek Valley area, adjacent to a closed landfill, an existing EPA-designated Superfund site and Jefferson Elementary School.

“We were a big mill town with lots of different finishing plants, manufacturing facilities, textile mills,” said Crafton. “Which left our area with a lot of this legacy pollution including many Environmental Protection Agency Superfund sites in our area alone. So our goal is to have a voice for the community.”

Crafton and her family have strong ties to the community.

“I recently moved to Horse Creek Valley about six years ago,” she said. “But my husband's family has been a part of the area for years. So it's near and dear to our hearts.”

Horse Creek Valley is a section of Aiken County connected to several small communities including Burnettown, Bath, Langley and Clearwater.

Crafton said after doing some research about the project she reached out to Aiken County officials to get some answers.

“While researching landfills I was hit with these environmental and health impacts, living so close to the site and having my children’s school so close, that scared me,” said Crafton. “I called Mr. Danny Feagin, our county council representative. I’ve had three seperate phone calls with him. I was brushed off.”

Messages from The Chronicle sent to District 3 Council Member Danny Feagin were not immediately returned.

Council Chairman Gary Bunker said he’s received a number of calls from residents.

“A group of about 20 people came to the council meeting in July,” said Bunker. “We did explain that Aiken County is not the permitting authority or the approval authority. The South Carolina Department of Environmental Services are the ones that have the control over whether or not the land should be approved or not.”

The Department of Environmental Services issued the permit on July 17 as a replacement for the existing 6.5-acre landfill, according to an expert with South Carolina Environmental Law Project. This designation significantly eases the permitting process and burden.

“We’ve been representing individuals and community groups seeking to prevent environmental harm, including a number of landfill permit cases since 1987,” said Michael Corley, senior manager of strategy with South Carolina Environmental Law Project.

Corley said the filing process has a quick turnaround when there’s a permit issue.

“You have 30 days to decide to challenge the permit in the Administrative Law court,” he said. “If you don't challenge it within that period, the permit becomes final and there's no recourse. So we had a couple of weeks to work with from initial introduction to the filing deadline.”

Corley said there were a number of issues included in the filing.

“We have regulations in South Carolina that control how many landfills we need in the state,” Corley said. “This is so our state's not overwhelmed with dumping sites. For a landfill to be built there has to be a demonstration of need. This is considered to be a replacement landfill. So, there was no requirement to show that this landfill is needed.”

Corley said this community has dealt with bearing the brunt of industry pollution over the years.

“We're talking about building a landfill on property adjacent to a school,” said Corley. “This is an area that's historically been neglected. Our clients are in favor of not allowing that to continue.”

Kevin Pethick, senior partner with Austin & Pethick Law Firm, legal representation for Hilltop C&D, said there’s some misinformation as it pertains to the Rabbit Hill Landfill permit.

“Several reports have referred to this site as a garbage facility, but that is not accurate,” said Pethick in an email to The Augusta Chronicle. “As a Class 2 landfill, the waste that will be accepted consists of construction and demolition debris materials. Several reports have implied that the new landfill operations will take place next door to Jefferson Elementary School, but those reports are misleading.”

Pethick said while the landfill will own property that abuts the school, a large portion of the land was purchased to provide a buffer to neighboring properties.

“The initial landfill disposal work area where work will be performed is located over one mile away from the school,” he said. “Engineer projections show it will take over 100 years to reach a point that is (one-half) mile from the school. It’s our understanding that Jefferson Elementary School will be combined with two other small schools at a future facility. So, it’s unlikely that the landfill operations will be in close proximity to the school.”

Pethick said efforts have been made on behalf of his client to be as transparent as possible as it relates to this project.

“My client provides jobs to our community and strives to be a good corporate citizen,” said Pethick. "They’ve met with neighbors several times to gather their concerns. They’re in the process of making concessions designed to provide additional human health and environmental protections beyond what is required by law or solid waste regulations. They will continue to work with their neighbors for a harmonious community relationship.”

This reporting content is supported by a partnership with several funders and Journalism Funding Funding Partners.

Erica Van Buren is the climate change reporter for The Augusta Chronicle, part of the USA TODAY Network. Connect with her at EVanBuren@gannett.com or on X: @EricaVanBuren32.

This article originally appeared on Augusta Chronicle: Aiken residents oppose proposal for new landfill planned near elementary school