Supreme Court declines to take landfill dispute
Waste districts debate fees
The Arkansas Supreme Court on Thursday refused to review a dispute between two Northwest Arkansas solid waste districts over landfill fees.
The Benton County Solid Waste District asked the state Supreme Court in January to review rulings against it from lower courts and the Arkansas Court of Appeals.
The Appeals Court ruled in November the Boston Mountain Solid Waste District is entitled to a portion of landfill fees generated by the Benton County district.
This unanimous decision upheld Washington County Circuit Judge John Threet’s decision, which stated the Benton County district lacked the authority to replace its $1.50-per-ton waste assessment fee with its own 1-cent-per-ton waste assessment fee.
The Benton County district replaced its fee with the 1-cent-per-ton fee and a $1.49-per-ton service fee. This meant the Benton County district would only have to give half of the 1-cent-per-ton fee to the Boston Mountain district, while keeping all revenue from the service fee.
Threet decided the Benton County district created the service fee to circumnavigate a state law that allows the Boston Mountain district to collect half of the revenue from Benton County’s waste assessment fees.
This fee applies for any solid waste generated in or brought into a district. This is where the Benton County district’s principal complaint lies, as it brings much of its solid waste to the Eco-Vista Landfill in Tontitown, which is within Boston Mountain’s district.
“While we are obviously disappointed with the outcome, we respect the Arkansas Supreme Court justices’ decision and thank them for their time,” said Jeff Van Sickler, Little Flock mayor and vice chairman of the Benton County Solid Waste District Board.
“I am hoping that this puts an end to a very trying time between our two districts,” said Patrick Deakins, Washington County judge and a Boston Mountain Solid Waste District board member. “We know there are immense challenges with regard to solid waste in our explosively growing region. It’s time for us to come together and work to bring collaborative solutions to our region.”
Thomas Kieklak has represented the Boston Mountain district throughout the process and said he is relieved the lawsuit is over and the courts continue uphold the state law surrounding waste district fees.
“Boston Mountain RSWD is pleased with this result, which will allow it to continue to succeed in its mission to reduce waste, protect and preserve the life of the regional landfill, Eco-Vista, and implement regional recycling and diversion solutions and education in Northwest Arkansas,” Kieklak said via email.
There is a chance the Benton County district could request the U.S. Supreme Court order the record of the case be sent up for review, but Kieklak said he did not believe that was likely.
Lawsuits between the two districts began in 2016. The initial lawsuit brought by the Benton County district requested the division of fees be declared unconstitutional and sought an injunction to have the disputed money held in escrow.
About $603,000 in disputed fees had been deposited in an escrow account by WM, formally known as Waste Management, while the lawsuit made its way through the courts. WM operates the Eco-Vista Landfill, which collects most waste generated in Northwest Arkansas.
Threet’s order said $98,000 was released to the Benton County district by an earlier order, leaving about $505,000 in escrow. Threet ordered the Benton County district should receive about $203,000 of that amount and the Boston Mountain district about $301,000.