County Commission to move on 'Jackson Law' implementation at special meeting
Special meeting of commission called for June 2.
HUNTSVILLE | Scott County Commission will consider opting in to the so-called “Jackson Law” that would give it more control over privately-owned landfills.
Members of the commission will meet in special session on Monday, June 2, to consider a resolution opting into the Jackson Law, a state statute that requires approval from county and municipal governments before privately-owned landfills can be established in those jurisdictions.
Commissioners will also consider a request from the Scott County Board of Education to finalize funding for a new playroom at Huntsville Elementary School.
The Jackson Law discussion is a direct response to plans for a new landfill at Bear Creek, where a Chattanooga-area developer is moving forward with the purchase of up to 700 acres of property adjacent to the existing Volunteer Regional Landfill.
However, it does not appear that opting into the Jackson Law will provide a means for the county to prevent the proposed landfill for moving forward.
The Jackson Law statute was passed by the Tennessee General Assembly in 1989. At that time, Scott County Commission opted in, and attempted to use the new legislation as a means for revoking permission for a landfill at Bear Creek that had been given by the commission in 1986. The landowner, the late Johnny King, sued both Scott County and the Town of Winfield, and in 1992 a chancery court ruled in his favor, saying the 1989 law could not be used to retroactively revoke permission for a landfill that had been given previously.
The land involved in the 1986 decision and the subsequent lawsuit included the current Volunteer Regional Landfill, now owned by Waste Connections, as well as the property being purchased by developer Knox Horner.
County Commission did not renew its Jackson Law opt-in resolution in the 2000s, and it sunset in 2010.
At a County Commission meeting earlier this month, county attorney John Beaty cautioned commissioners that the Jackson Law likely won’t make a difference in the current proceedings.
“(County Commission) can adopt the Jackson Law if it wants, but if you adopt it and you vote to revoke (the new landfill proposal) you’re probably in violation of the court order,” Beaty told commissioners.
However, by opting into the Jackson Law statute, the county could prevent future landfills that don’t involve the original acreage at Bear Creek. Oneida Mayor Lori Phillips-Jones has also said she’s having discussions about the Jackson Law for her town.