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Attorney Advises Against A Direct Landfill Challenge

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By KEVIN WIATROWSKI

kwiatrowski@tampatrib.com

Published: January 7, 2009

DADE CITY - Pasco County's chief attorney advised county commissioners Tuesday to avoid directly challenging a controversial landfill proposed for agricultural land south of Dade City.

On Jan. 12, the state Department of Environmental Protection plans to release a tentative approval for a household garbage facility proposed by Largo-based Angelo's Aggregate Materials.

County Attorney Jeffrey Steinsnyder told commissioners that, based on his conversations with an attorney that specializes in landfill issues, challenging the DEP permit in court could cost Pasco $300,000 or more and would likely fail to stop the project.

Any problems with the landfill pointed out at an administrative hearing could be fixed during that same hearing, Steinsnyder told commissioners.

Steinsnyder advised commissioners to tackle the landfill in their own arena. The landfill will need a change to the county's land-use map and a county-issued conditional-use permit to operate. Both of those changes require public hearings.

The DEP can issue a landfill permit regardless of the zoning of the land in question, said DEP spokeswoman Pamala Vazquez. Land zoning is a local issue, she said.

The land-use change is needed because the county bans household waste landfills on land zoned for agriculture.

County rules do allow construction debris landfills in agricultural areas. Angelo's owns such a landfill near the site where it wants to build its household waste landfill. Both properties sit near Enterprise Road south of Dade City.

Reporter Kevin Wiatrowski can be reached at (813) 948-4201.

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