October 11, 2000

Dear Editor:

The Oct. 6, 2000 editorial entitled "Agency defies constitutional protections" is based upon 1) a fundamental misunderstanding of the partial settlement of litigation involving the Ivy Landfill and 2) incorrect information. The editorial states that "(the) government has forced (Landfill neighbors) to trade away their First Amendment freedom for a guarantee of healthy drinking water." That's simply not true. Before suit was ever filed, the Rivanna Solid Waste Authority approved a policy to supply drinking water to anyone whose drinking water may be negatively impacted by any Authority Operation and was, and still is, aggressively enacting a remediation plan to address all the environmental concerns.

The Landfill lawsuit was the culmination of years of sometimes vitriolic opposition to the Landfill by some of its nearby neighbors. While some environmental issues were raised, the plaintiffs were just as concerned about the aesthetics of the neighborhood and proposals for future use of the Landfill property. The Authority took the initiative to try to resolve all matters so that the Landfill neighbors would be able to continue to use their property with minimal impact from the facility. The settlement was the result of protracted negotiations between the Authority and the plaintiffs and their lawyers, mediated by a federal judge.

Among the issues was the Authority's need to build a new cell to give the community a cost effective, environmentally sound way to dispose of construction debris. Since everyone was already at the table, the Authority sought to resolve objections to the new cell in advance. The plaintiffs requested strict conditions to minimize the impact of the new cell. The Authority agreed to the conditions and, in exchange, the neighbors agreed not to oppose the new cell, so long as the Authority abides by the conditions. On any and all other Landfill matters, the parties to the agreement are free to voice any concern to DEQ or anyone else.

This agreement represents a classic example of an American way of dispute resolution -- parties to a dispute sitting down and hammering out a good faith compromise -- one that takes into account the needs of the Landfill neighbors as well as those of the public at large. The Daily Progress editorial was unfair to the parties and to the entire community.

Dr. John F. Marshall, Chairman Rivanna Solid Waste Authority (electronic mail, October 12, 2000).