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Nelson County directs staff to pursue settlement steps in Region 2000 landfill litigation
Summary
The Board approved R2024-77 directing staff to negotiate a settlement and amended member agreement tied to Campbell County’s proposed landfill expansion; if Campbell approves rezoning and DEQ permits, Nelson would be removed from Region 2000 membership and receive a $250,000 distribution.
The Nelson County Board of Supervisors on Nov. 14 adopted Resolution R2024-77 directing staff to prepare and execute settlement documents to resolve pending litigation over the Region 2000 landfill and to craft an amended Member Use Agreement that would change the authority’s governance and financial responsibilities.
The resolution instructs Nelson’s county attorney to work with Campbell County’s attorney to draft a settlement agreement that, if the Campbell County Board grants the requested rezoning and the Virginia Department of Environmental Quality issues the necessary permits for the proposed lateral landfill expansion, will become irrevocable and result in Nelson’s removal from Region 2000. The resolution specifies a $250,000 distribution to Nelson within 30 days of full execution and conditions for preferred hauling rights and rates through Dec. 31, 2053 or landfill closure, whichever is later.
Why it matters: the action is tied to a proposed rezoning and permitting process for the Region 2000 landfill. The resolution also contemplates that Campbell County and the City of Lynchburg would assume governance and financial obligations for the authority going forward and that certain excess revenues be distributed to Campbell and Lynchburg.
Board members emphasized legal and procedural conditions. The resolution directs the Campbell County attorney to draft the settlement and an amended Member Use Agreement, and authorizes Nelson’s county attorney and administrator to execute necessary documents. It also directs distribution of certain existing Region 2000 funds and contemplates a policy for voluntary property purchases for owners with recurring odor complaints.
The Board voted unanimously (4-0) to adopt R2024-77. The resolution notes the settlement is conditioned on Campbell County’s completion of required local processes and DEQ permitting for the proposed expansion; if those conditions are met the Settlement Agreement and Amended MUA would take effect and litigation would be dismissed.
