The Pocahontas County Solid Waste Authority (SWA) actually explored this exact option beginning in 2017, when they initiated negotiations to purchase 25 acres of adjacent land from a local landowner named Jody Fertig.
The benefits of acquiring this adjacent parcel were significant:
- Decades of Extended Capacity: Engineering assessments determined that 10 acres of the tract were suitable for constructing new landfill cells, which would have extended the landfill’s operational lifespan by approximately 50 years.
- Cost-Effective Infrastructure: Expanding at this contiguous site would have allowed the SWA to manage runoff using a cost-effective, gravity-fed system connected directly to the existing leachate treatment plant.
Despite these clear benefits, the expansion effort ultimately failed due to a protracted legal and negotiation impasse. Following Jody Fertig's death in October 2017, negotiations with his heirs—specifically his daughter, Renee Hill—became bogged down over the scope of the property and specific deed terms. The family sought "side agreements" that would have required the SWA to purchase liability insurance for a public access road and provide them with permanent easements and water rights.
By December 2025, the SWA reached a breaking point, issuing an ultimatum that they would only purchase the land if all side agreements were removed from the deed and handled in separate contracts. The heirs ultimately declined to sell, and the SWA publicly stated that it lacked the ability or desire to use eminent domain to seize the property. This decision, combined with rising post-COVID construction costs, effectively closed the only viable path for expanding the current landfill site.
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Consider yet another option: What if there was another landowner besides the current landowner and immediately near to the current site of the landfill who might sell enough land to expand the landfill. Research this option and analyze the benefits of expanding the current landfill.
While the sources note that the current Dunmore landfill property is "surrounded by private parcels and agricultural land", there are no records in the provided materials indicating that the SWA pursued or identified another willing seller adjacent to the site after the Fertig family negotiations collapsed.
However, analyzing this hypothetical option reveals several significant benefits to expanding the current landfill if adjacent land could be acquired:
- Leveraging Existing Infrastructure: The greatest advantage of contiguous expansion is the ability to utilize the site's existing leachate collection and treatment facility, which is a massive capital asset. Building adjacent cells would allow the SWA to manage runoff using a highly cost-effective, gravity-fed system connected directly to this existing plant.
- Avoiding "Greenfield" Costs: Building a new landfill at a completely different location would require over $10 million, including upwards of $2 million just to build a new leachate treatment plant. Expansion avoids duplicating these massive foundational costs.
- Decades of Extended Capacity: As engineering models for the failed 10-acre Fertig expansion demonstrated, securing suitable adjacent land could extend the landfill's operational lifespan by approximately 50 years.
- Logistical Autonomy and Affordability: Maintaining an active local landfill would save the county from the severe costs of transitioning to a transfer station model, which involves paying expensive out-of-county hauling and tipping fees to places like Greenbrier or Tucker counties. It would also allow the county to maintain its own schedule rather than conforming to the limited weekend hours of regional landfills, and it would prevent the need for restrictive "Flow Control" mandates and drastic rate hikes on residents.
The Limitations of Expansion Even if another adjacent landowner were willing to sell, the county would still face severe, potentially insurmountable hurdles to expanding the landfill:
- Prohibitive Cell Construction Costs: State and federal laws require modern landfill cells to use petroleum-based composite liners to protect groundwater. The physical construction of these new Subtitle D cells costs approximately $2 million per acre. Because Pocahontas County only generates about 8,000 tons of waste annually, it lacks the "financial density" to pay off this construction without exorbitantly raising resident fees.
- The 2,000-Foot School Setback: Expanding the landfill's footprint risks encroaching even closer to Pocahontas County High School. The current facility boundaries already sit in a "compliance gap" approximately 1,000 to 1,500 feet from the school's portable classrooms and main building, making it highly vulnerable to legal challenges under the 2,000-foot institutional exclusionary zone mandated by state rules.
- Topographical and Karst Hazards: State rules prohibit solid waste facilities on land with slopes exceeding a 6 percent grade. While the current active cells are on flat terrain, the surrounding acreage contains steeper slopes that are ineligible for construction. Furthermore, the area is characterized by karst topography (limestone with sinkholes), creating severe environmental risks and strict legal liabilities regarding rapid groundwater contamination.
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Consider another yet another option: What if there was another landowner outside the exclusionary school zone in addition to the someone other than the current landowner and immediately near to the current site of the landfill who might sell enough land to expand the landfill. Research this option and analyze the benefits of expanding the current landfill.
If the Solid Waste Authority (SWA) could identify a willing landowner who is "immediately near" the current Dunmore landfill, but situated just far enough away to successfully clear the 2,000-foot exclusionary zone around Pocahontas County High School, this hypothetical scenario would offer a mix of significant infrastructural benefits, though it would still face severe financial and geological constraints.
Because the current 40-acre landfill parcel sits approximately 1,000 to 1,500 feet from the high school, this new parcel would need to be located further outward (such as further south or east) to legally escape the school's statutory buffer.
The Benefits of this Proximity Expansion If such a legally compliant, adjacent parcel could be acquired, the benefits of expanding the landfill would be substantial:
- Salvaging the Leachate Infrastructure: The most significant advantage of staying "immediately near" the current site is the potential to utilize the existing leachate collection and treatment facility, which is a massive capital asset. Building a new landfill at a completely different location would require over $2 million just to construct a new leachate treatment plant. An adjacent expansion might allow the SWA to pipe runoff directly to the existing plant, saving millions in duplicate infrastructure.
- Preserving Local Autonomy: Extending the landfill's capacity for decades would eliminate the need to transition to a transfer station model. This means the county would not have to pay expensive, fluctuating out-of-county hauling and tipping fees to places like Greenbrier or Tucker counties.
- Avoiding "Flow Control" and Rate Shock: By avoiding the $4.12 million JacMal transfer station lease, the SWA would not be forced to implement restrictive "Flow Control" monopolies or drastically hike the annual "Green Box" fees up to $310 to cover the new debt.
The Persistent Limitations (Why Expansion Remains Highly Problematic) Even if this new parcel safely avoided the 2,000-foot school setback, expanding the landfill in the Dunmore area still faces hurdles that are likely insurmountable for the county:
- The Karst Topography Hazard: The Dunmore region and the headwaters of the Greenbrier River are heavily characterized by karst topography (limestone with sinkholes and underground caverns). West Virginia solid waste rules (33CSR1 and 33CSR3) prohibit siting a facility on land where runoff drains into a sinkhole. Because groundwater in karst regions moves rapidly through underground "conduits," building new landfill cells here carries a strict liability risk for catastrophic groundwater contamination, making it a legal minefield for environmental permitting.
- The "Financial Density" Problem: Regardless of the land's cost, state and federal regulations require new Subtitle D landfill cells to be built with expensive petroleum-based composite liners. The physical construction of these new cells costs approximately $2 million per acre. Because Pocahontas County only generates a low volume of about 8,000 tons of waste per year, it mathematically lacks the revenue base to pay off this multi-million dollar construction debt without exorbitantly raising resident fees anyway.
- Topographical Restrictions: State rules prohibit building solid waste facilities on land where the topography exceeds a 6 percent grade. While the currently active landfill cells sit on relatively flat terrain, the surrounding acreage contains steeper slopes that are ineligible for new cell construction.


