Oneida landfill proposal

PostedMay 21, 2025

UpdatedMay 29, 2026

Bybenwgarrett@gmail.com

Volunteer Regional Landfill in Oneida, owned by Waste Connections.

The Oneida landfill proposal is a 2025-2026 plan by a Chattanooga-area developer to build a landfill on property adjacent to the existing Volunteer Regional Landfill near Bear Creek in north Oneida. The developer, Knox Horner, initially explored the idea of building a rail-to-truck trash transfer station on the former Hartco flooring plant property in downtown Oneida. Following public comments at a meeting of Scott County Commission on May 19, 2025, however, he said he had reconsidered and was abandoning the idea of a transfer station on the Hartco property. Since that time, a transfer station has been proposed on Poplar Lane in Winfield.

Background

Knox Horner, from Cleveland, Tenn., is president and CEO of Capiche LLC. According to his LinkedIn profile, he works in the “Acquisition, Management and Consolidation of Solid Waste Management assets.” He told Scott County Commission at a meeting on May 19, 2025 that he represents a “group of investors” who are interested in building a landfill in Oneida. The investors have not been named.

There are approximately 700 acres of mostly undeveloped property in tracts adjacent to Volunteer Regional Landfill, which is owned by Waste Connections. Approximately 100 acres of the property are owned by Roberta Phase III and were under a purchase contract as of May 2025. The remainder of the property is owned by Bearcat Properties Inc. and is under a purchase contract that dates back to October 2023. Horner told County Commission that he intends to pursue a Class I license from the State of Tennessee. Under state law, Class I landfill facilities can accept household waste and related items.

Separately, Horner is interested in accepting trash at the landfill by rail. He is exploring the possibility of a rail spur from Norfolk-Southern Railroad into the landfill property, which he estimates would require $15 million in capital investment. He has also explored the possibility of a temporary rail transfer station in the meantime, which would allow trash to be offloaded onto trucks for transport to the landfill. One of the properties he considered is the former Hartco plant in downtown Oneida. Following an outcry of opposition at a County Commission meeting on May 19, 2025, he told the Independent Herald that he is abandoning the proposal for a transfer station at the Hartco site. Since that time, Trans-Rail Waste Services LLC has applied for a transfer station permit at a piece of Bearcat Properties-owned land off Poplar Lane in Winfield, adjacent to the planned landfill.

The stance of local governments

While neither Scott County Commission nor the Town of Oneida Board of Mayor and Aldermen have explicitly condemned the landfill proposal, it seems unlikely that either government entity will support the proposal.

Scott County Commission heard comments from nearly 100 residents who showed up at a meeting to oppose the landfill on May 19, 2025. The Town of Oneida hosted a public forum regarding the landfill on June 5, 2025, and heard from 13 speakers.

County Commission adopted the Jackson Rule by unanimous vote at a meeting on June 2. The Jackson Rule, a state statute dating back to 1989, requires county and municipal governments to approve privately-owned landfills. However, John Beaty, the county’s attorney, has opined that the Jackson Law will not be able to retroactively deny the landfill permit.

The Winfield Board of Mayor & Aldermen adopted the Jackson Rule at a meeting on June 10, while also passing the first reading of an ordinance to establish overlay zoning requirements that would restrict a transfer station within one-half mile of a residence and one mile of a school. The Poplar Lane location is approximately one-third mile from Winfield School and several hundred feet from the nearest residence.

In response to news coverage of that article, Winfield Attorney Jade Peters issued a statement: “I’m asking the newspaper to update this article to state that overlay zoning is ‘intended to make safe distance between any landfill or transfer station and schools and residences.’ The town of Winfield has never stated any intent to interfere with private business plans of any person or entity. Plain reading of the ordinance supports the emphasis is on enacting common-sense safety measures; there is no mention in any ordinance of hindering business plans or contracts of any individual, entity, or group. This is a false narrative that seems to be spread by Knox Horner, having heard his comment on WBIR news that was absolutely unsupported by facts or evidence. I have personally informed Knox Horner that this is not a personal attack but instead is the municipal government acting appropriately and lawfully in response to items of public concern.”

The Town of Oneida approved the first reading of an ordinance to establish overlay zoning requirements at its meeting on June 27. The ordinance originally proposed a minimum distance of one-half mile from residences and one mile from schools for landfills, but those distances were doubled at the behest of Alderman Mark Byrd.

Scott County, along with the Towns of Huntsville, Oneida and Winfield, and McCreary County, Ky., have voted to form a coalition of local governments for to research and make recommendations on the landfill issue.

Even if local government officials do not support the landfill, county officials appear to be mostly powerless to stop its creation. This is due primarily to a 1980s decision by Scott County Commission and a subsequent 1992 court ruling (see below). Less certain is whether the Town of Oneida could restrict the landfill through zoning restrictions; Mayor Lori Phillips-Jones told the Independent Herald on May 22, 2025 that she has reached out to the University of Tennessee’s Municipal Technical Advisory Service (MTAS) and the TN Dept. of Environment & Conservation for clarification on the zoning issue. Scott County does not have zoning restrictions.

The stance of Horner

In a May 22, 2025 letter to the Independent Herald, Horner made several pledges, including:

• Building a high-tech recycling center.

• Implementing recycling initiatives in local schools, including a scholarship program.

• More than $1 million annually to both Scott County and the Town of Oneida in host fees.

• The creation of at least 25 “good paying” jobs.

The stance of the property owners

Among the properties being published by Horner’s group are parcels owned by Bearcat Properties Inc. and Roberta Landfill Phase III Inc.

In a May 19, 2025 Facebook post, one of the owners of Roberta Landfill Phase III Inc., Gina Phillips, made the following statement: “I would like to clarify some incorrect information that is being spread about myself and my husband Steve. We are not owners in a new landfill or involved in the transportation of garbage from other places. We owned 100 acres of property that adjoins the landfill property and we offered it for sale. We offered to sell the property to the beautiful Timber Rock Lodge at a reduced price but it didn’t work out . The property is now under contract with a developer and we have no control over what the property will be used for. I wish that people would get the correct information before spreading gossip! Some very hurtful accusations have been made, but we definitely won’t be making millions off of this! We have lived in Scott County our entire lives and love it as much anyone. I will not respond to comments, as this is all I have to say concerning this matter. Thank you.”

In a June 13, 2025 statement to the Independent Herald, Bearcat Properties Inc. made the following comments: “Bearcat Properties would like to clarify that Knox Horner is not employed by nor a representative of Bearcat Properties as social media, public forums and news articles suggest … Also, regarding the media post suggesting Bearcat Properties obtained property by unethical or confidential means: The foreclosed property consisting of a house and 384.7 acres was publicly advertised by a local real estate agent for sale that was advertised by signage for weeks on Highway 27 at the property entrance. The landfill permit was not a part of the sale, and Bearcat properties does not own a landfill permit. The additional 15-acre residential property on Racetrack Road was purchased 19 months later in 2021 from another foreclosure from a lending institution in Knoxville. Bearcat Properties is not an entity owned by Roberta II or Roberta Phase III.”

Jackson Law and its history in Scott County

In 1986, Winfield resident Johnny King approached Scott County Commission and asked for permission to construct a landfill on 2,000 acres of property he owned in the Bear Creek area. Commissioners apparently agreed, according to comments made at a May 2025 meeting of County Commission, though it isn’t clear that county permission was required at that time for landfills to be licensed. There was no coverage of that 1986 agreement in issues of the Independent Herald published that year.

In 1989, the Tennessee General Assembly passed a statute known as the “Jackson Law,” which allowed both county governments and city governments to approve or reject landfills within their jurisdictions, if they opted into the law. Scott County Commission opted in, and commissioners attempted to revoke the authority given to King three years earlier for the establishment of a landfill. King sued both Scott County and the Town of Winfield for $10 million, claiming that the county and the town had inappropriately denied him a landfill permit.

In 1992, Scott County Commission entered into negotiations with King’s attorneys and appeared to be close to a settlement. In fact, a joint meeting of County Commission and the Town of Winfield Board of Mayor and Aldermen was scheduled for October 1992 at the old Scott County Courthouse in Huntsville to accept the settlement. At that meeting, however, it was announced that the two sides could not come to terms, and that the matter would proceed to trial.

In November 1992, the Tennessee 8th Judicial District Chancery Court returned a ruling in King’s favor, saying that Scott County could not retroactively revoke the landfill permission it had granted King in 1986.

Of the 2,000 acres of property originally owned by King, approximately 800 acres were eventually sold to Waste Connections, which owns Volunteer Regional Landfill. Another 700 acres of the original 2,000 are being purchased by Horner.

In 2003, the TN Dept. of Environment & Conservation sent a letter to Scott County Government, asking County Commission to renew its resolution opting into the Jackson Law, though it did not.

In 2010, Scott County’s Jackson Law opt-in resolution sunset.

In July 2010, just weeks after the Jackson Law sunset in Scott County, TDEC licensed a Class I landfill on 24 acres that was part of the original 2,000 acres but separate from the Waste Connections-owned landfill. Those 24 acres are among the approximately 700 acres being purchased by Horner. However, it appears the permit will no longer be valid and must be reissued by TDEC.

According to statements made by Scott County Attorney John Beaty at a County Commission meeting on May 19, 2025, Scott County would likely be in violation of the 1992 court order if it attempts to prohibit a landfill on the remainder of the original King property.

Scott County Commission renewed the local opt-in to the Jackson Rule at a special called meeting on June 2, 2025.

The Town of Winfield has opted into the Jackson Law, as well. The Town of Oneida passed a resolution opting into the Jackson Law at its meeting on June 27, 2025, but will have to vote on the measure again in July due to a state requirement that it be approved by a two-thirds vote. Two aldermen were not present at the June 27 meeting.

Frequently Asked Questions

Who is pursuing a landfill?

Knox Horner, of Cleveland, Tenn., is the public face of the landfill project. He told Scott County Commission on May 19, 2025 that he represents a “group of investors.” It is not clear who those investors are, although many members of the public have speculated.

Which government officials in Scott County are wanting to build a landfill?

None, apparently. No county or city government official from Scott County is believed to have been involved in recruiting Horner to Scott County. Horner contacted various local officials over a period of several months beginning in late 2024 to inform them of his intent to build a landfill; however, those officials are not involved in the attempt to license a landfill and do not appear to be able to stop it. Landfill licensing is handled by the TN Dept. of Environment & Conservation.

At a May 19, 2025 meeting of County Commission, Intergovernmental Committee chairman Kenny Chadwell said: “Myself I wish we didn’t have the landfill we have. It was done before I got here. If it was an up and down vote we could take care of it right now but we can’t.” Of the protestors at that meeting, Chadwell added: “They spoke well tonight. They were very professional about their concerns. They’re concerns I share as well as most commissioners share.”

Is this an extension of the existing landfill?

No. The existing landfill is owned by Waste Connections. Although the two properties are adjacent to one another, a new landfill, if licensed, will be separate from the existing landfill, with different owners.

Can’t Scott County stop the landfill with Jackson Law?

According to Scott County Attorney John Beaty, no. Scott County opted into the Jackson Law at a special session on June 2, 2025, and Town of Oneida Mayor Lori Phillips-Jones has said that she is speaking to Beaty about the town’s role in Jackson Law. However, applying Jackson Law now could not retroactively apply to the land in question, since it was the subject of a County Commission decision in 1986 and a court ruling in 1992. At a May 19, 2025 meeting of County Commission, Beaty told commissioners: “This body can adopt the Jackson Law if it wants, but if you adopt it and you vote to revoke you’re probably in violation of the court order.”

What is the role of the Scott County Industrial Development Board in this project?

The Scott County IDB does not have a role in the landfill project. The IDB purchased the former Hartco property where Horner originally proposed to build a transfer station; however, the property has since been transferred to Oneida-based Brewco via a lease-purchase agreement. IDB chairman Greg Jeffers told the Independent Herald on May 22, 2025 that a formal proposal had never been brought before the IDB. Brewco said via a statement issued on May 22, 2025 that it had spoken to Horner as a courtesy but was never presented with a formal proposal and has no interest in either the landfill or the transfer station. Horner told the Independent Herald on May 20, 2025 that he has withdrawn his proposal for a transfer station on the Hartco property.

Is the Big South Fork aware of the landfill plan?

In December 2025, Big South Fork National River & Recreation Area Superintendent Niki S. Nicholas wrote a letter to the TN Dept. of Environment & Conservation in which she raised several questions about the proposed landfill’s ARAP application, and sought clarification on issues surrounding the ARAP plan, insinuating that the proposal might run afoul of federal legislation that established the Big South Fork NRRA in 1974.

What type of trash will be brought into the landfill?

Horner has said he is applying for a Class I permit, which would make the landfill the same as the existing Volunteer Regional Landfill, meaning it can accept non-hazardous household waste and related items. Tennessee licenses four types of landfills: Class I (non-hazardous municipal solid wastes, such as household wastes and commercial wastes), Class II (non-hazardous industrial wastes and fill), Class III (Class IV wastes, plus landscaping, land-clearing and farming wastes), and Class IV (construction and demolition wastes, and shredded tires).

Where would trash come from?

Horner said at a County Commission meeting on May 19, 2025 that he does not yet know where the trash will be coming from, adding that his investors have the same question.

Do landfills cause cancer?

Some studies have shown no significant increase in cancer risk for people living near landfills. However, landfills do produce gases like benzene and vinyl chloride, both of which are known carcinogens, as byproducts of waste decomposition. Chemicals can also leach into the soil and contaminate groundwater. Some studies have suggested associations between living near landfills with certain cancers, such as bladder cancer, leukemia and non-Hodgkin’s lymphoma. The connection between landfills and an increased risk of cancer and other health impairments for those living nearby is heavily debated and continues to be studied.

Is there a landfill crisis in Tennessee?

Yes, particularly in Middle Tennessee. A landfill in Murfreesboro that serves the larger Nashville area is scheduled to reach capacity by 2027. It currently receives more than one million tons of trash each year. Efforts to build a new landfill in that area have been rejected, meaning Middle Tennessee must find somewhere to put its trash before 2027.

How much money will local governments receive from a landfill?

Under Tennessee law, landfill permit holders and the governments whose jurisdictions they fall under negotiate what is commonly called a “host fee,” which is typically paid by volume of trash disposed at the landfill. Currently, both Scott County and the Town of Oneida receive 90 cents per ton in host fees from Volunteer Regional Landfill. According to Scott County Mayor Jerried Jeffers, the landfill received 305,000 tons of trash from July 1, 2024 through March 31, 2025, which would’ve presumably resulted in a payout of $259,250 to both Scott County and Oneida during that nine-month period. If extrapolated, that rate of trash disposal could mean approximately $345,000 annually to Scott County and Oneida. Under a current agreement, the host fee will increase annually, to $1.14 per ton by 2035.

Horner has proposed a $1.20 host fee for the new landfill. If agreed upon by both Scott County and Oneida, and assuming a similar rate of trash disposal at the new landfill as at the existing landfill, it could result in host fee payments of $488,000 per year to Scott County and to Oneida. However, the new landfill could receive more or less trash than the existing landfill. In a letter dates May 22, 2025, Horner told the Independent Herald that his company would pay more than $1 million annually to both Scott County and the Town of Oneida.

Under state law, money received from host fees goes into Scott County’s Solid Waste fund, meaning it cannot be used for general county operations. However, the law is vaguely written, leaving leeway for county officials to use the money for any expense that can be loosely tied to solid waste operations.

How many landfills are there in Scott County?

Currently, there is only one landfill in operation, the Volunteer Regional Landfill at Bear Creek. Prior to its opening in the 1990s, there was a county-owned landfill in Helenwood off Sulpher Creek Road that was used from 1978 to 2000. There have been several other legal landfills in Scott County through the years, as well as a number of illegal landfills. Previous landfills include one in Helenwood, and near the top of the Four Lane in Oneida, as well as one at Pine Creek.

Timeline of Events

1978: On Jan. 1, 1978, the TN Dept. of Environment & Conservation issued a permit for the Scott County Landfill on Sulpher Creek Road in Helenwood. The Class I landfill, located in a reclaimed coal strip pit, was operated by Scott County for nearly two decades before it began to near capacity. The looming closure of the landfill played a role in the debate over plans for a privately-owned landfill at Bear Creek in the late 1980s and early 1990s. The landfill continued to be used until early 2000. Although the landfill was used strictly for local trash for much of its lifespan, Scott County entered into a contract with Scott Solid Waste Disposal LLC in the late 1990s to accept trash from neighboring counties.

1986: Scott County Commission and Oneida businessman Johnny King apparently reached an agreement, either formal or informal, regarding King’s plans to locate a landfill on nearly 2,000 acres of property he owned between Bear Creek Road in Oneida and Kingtown Road in Winfield. Approximately 800 acres of this property is now owned by Waste Connections LLC and is the site of Volunteer Regional Landfill. Approximately 700 acres of this property is now being purchased by a group led by landfill developer Knox Horner of Cleveland, Tenn.

1989: The Tennessee General Assembly passed the Jackson Law statute, which was signed into law by Gov. Ned McWherter, giving local governments more control over privately-owned landfills. Specifically, the Jackson Law requires approval from the county legislative body before a privately-owned landfill can be permitted. If the property falls into the municipal limits of a town or city, that government must approve it, as well. Scott County Commission opted into the Jackson Law. The TN Dept. of Environment & Conservation was in the process of considering a landfill permit application from King on his Bear Creek property, but paused the process to see what course of action Scott County would take.

1989-1991: Following a series of public hearings that drew a large response from Scott County residents, Scott County Commission voted against the landfill by a lopsided margin. Meanwhile, King offered money to the towns of Oneida, Winfield and Caryville to file for a landfill permit on his behalf. Oneida and Winfield declined, while Caryville initially accepted the offer. Following a meeting attended by Scott County Executive Dwight Murphy and a number of local residents, the Caryville Board of Mayor & Aldermen reversed course and voted down the proposal. Attorneys for King had accused Steve Marcum, an Oneida attorney who represented the Industrial Development Board of Scott County, of a conflict of interest after Marcum also represented a citizens group opposed to the landfill. Ultimately, King filed a lawsuit against both Scott County and the Town of Winfield, seeking $10 million in damages.

1991: The Tennessee General Assembly adopted new laws regarding landfills, substantially increasing the cost of designing and maintaining such facilities. (One aspect of the new law established 30-year post-closure requirements. As a result, the old Sulpher Creek landfill in Helenwood continues to be inspected by TDEC. Violations were last reported at the site in 2012.)

October 1992: As the Scott County-owned landfill at Sulpher Creek in Helenwood prepared to close due to reaching capacity, it was estimated that a new county-owned landfill would double the county’s property tax rate by fiscal year 1994-1995, costing $13 million to build and $1.8 million per year to maintain, due in large part to the new state laws enacted in 1991. Meanwhile, a committee appointed by Scott County Executive Clarence “Denny” Lowe unveiled a plan to build a transfer station at the Sulpher Creek site and establish six convenience centers throughout Scott County for the purpose of collecting trash and transporting it out of the community. It was estimated that this cost would be $1 million initially and then $700,000 per year. That same month, it was announced that Scott County and attorneys for King had reached an agreement that would stop the case from going to court. A standing-room-only crowd turned out at the old Scott County Courthouse in Huntsville for a joint session between Scott County Commission and the Winfield Board of Mayor & Aldermen, only to learn that the negotiations had failed and the matter would go to court, after all.

November 1992: 8^th Judicial District Chancery Court Judge William Inman — filling in for Billy Joe White, who had recused himself — ruled in King’s favor, saying in part: “Under any kind of review standard, (Johnny King) is entitled to the local approval he seeks. A denial would be based simply on arbitrariness.” Although attorneys for both Winfield and Scott County — Jamie Cotton and Bill Cooper, respectively — pledged to appeal, the court ruling cleared the way for the landfill to be built. Although Scott County lost the lawsuit, the pending construction of a new landfill ultimately paused plans for a transfer station at Sulpher Creek and convenience centers throughout the county, as the closure of the county-owned landfill at Sulpher Creek was going to be mitigated by the opening of the new private landfill at Bear Creek.

March 1994: TDEC approved Scott County’s applications for four convenience centers — one located in Robbins on U.S. Highway 27 near Tunnel Hill Road; one located at the S.R. 63/Winona Road intersection east of Huntsville; one located near U.S. 27’s intersection with Pine Grove Road in Winfield; and one located on Coopertown Road in West Oneida. That same day, TDEC approved the county’s application for a recycling convenience center on King’s property at Bear Creek. The convenience centers were part of the plan unveiled by County Executive Denny Lowe in October 1992, but were never built (see above).

April 29, 1997: TDEC approved the permit for Roberta Sanitary Landfill at Bear Creek. It was sold to Waste Connections LLC in 1998 and became Volunteer Regional Landfill. Waste Connections’ ownership includes approximately 800 acres of the Bear Creek property.

2003: A letter from TDEC to Scott County Government requested a resolution by County Commission reauthorizing Scott County’s opt in to the Jackson Law. That did not happen, and the local opt-in sunset in 2010.

Late 2009: King applied with TDEC for a second landfill at Bear Creek, adjacent to the Waste Connections-owned facility, called Roberta Landfill Phase II.

February 2010: TDEC held a public hearing regarding water quality concerns associated with a new landfill, and announced that a separate public hearing would be held in March due to the volume of written comments it had received from Scott County residents. However, TDEC also said its preliminary decision was that the landfill would be permitted, unless a technical reason could be expressed that justified denying the permit. Notably, TDEC’s notification of its preliminary decision came several months before the Jackson Law sunset. Ultimately, the permit was granted in July 2010. However, the landfill was not constructed. King passed in 2013. (His widow, Dorothy King, passed unexpectedly in 2024.)

2011: Tax records show that a 99.5-acre tract of the King property, fronting U.S. Highway 27 just north of Jim Barna Log Homes, sold for $140,000. Today, that property is owned by Roberta Phase III Inc.

~2019: Financial institutions in Oneida and Knoxville foreclosed on several tracts of property owned by Roberta Phase II, totaling nearly 400 acres. The properties included the 24 acres that had been permitted as a landfill in 2010. A new company, Oneida-based Bearcat Properties, Inc., purchased those properties in February 2020 and approximately September 2021.

October 2020: Bearcat Properties Inc. filed a legal challenge against TDEC, related to the permit that had been issued to Roberta Phase II in 2010. Ultimately, TDEC ruled that the permit did not transfer with the sell of the real estate.

2022: Chattanooga-area developer Knox Horner began due diligence on a new landfill project involving nearly 700 acres that includes the properties owned by Roberta Phase III and the properties owned by Bearcat. According to an email from Horner on June 13, 2025, he and his investors have spent more than $1 million making sure the property “was environmentally safe and would meet regulatory requirements.”

October 2023: Georgia-based Adair Realty entered into a purchase agreement with Bearcat Properties Inc. for the nearly 400 acres that Bearcat owns at Bear Creek. (A purchase agreement was also entered into between Adair Realty and Roberta Phase III Inc. for the separate 100-acre tract, but it isn’t clear when this purchase agreement was signed.)

November 2024: By this point, Horner had made contact with various local officials, informing them of his intent to build a landfill at Bear Creek. At some point, he expressed an informal interest with Oneida-based Brewco about establishing a transfer station at the former Hartco location in downtown Oneida. That property is contracted to Brewco through a lease purchase agreement with the Industrial Development Board of Scott County. IDB chairman Greg Jeffers said Horner had never met with his organization. Bearcat released a statement in May 2025 that read in part: “Brewco entered into a lease with option to purchase agreement on land currently owned by the Scott County Industrial Development Board two years ago. Together, Brewco and the IDB have been focused on developing the site into something that benefits the community — such as warehouse space, office buildings, assisting local industry growth, and tourism-related uses. Because the site was historically an industrial area, Brewco is also working hand-in-hand with the IDB and TDEC through the Tennessee Brownfields Program to ensure the land is environmentally safe and responsibly redeveloped. Brewco would NOT welcome any operation that would jeopardize our environmental efforts or become a public nuisance to the development of existing tenants or neighbors.”

February 2025: TDEC wrote a letter to Roberta Phase III and copied Horner and Adair Realty, saying it had come to the agency’s attention that the new owners were interested in building a landfill and stipulating that construction of a landfill could not proceed without written authorization by TDEC. The agency said that changes to the property required more investigation on its part before that authorization could take place.

April 2025: An anonymous post on Facebook stated, “Everyone talking about jobs on the other post, I heard that there is going to be another landfill and garbage will be hauled in by train. They said they need lots of dump truck drivers to haul it from the train to the landfill. Anyone else heard about this? It’s supposed to be at the old Johnny King property beside the current landfill.” As a result of that post, Timber Rock Lodge owner Ralph Trieschmann penned a letter to the editor that was published in the Independent Herald.

May 19, 2025: A standing-room-only crowd turned out at a Scott County Commission meeting to sound off on the proposed landfill. Horner was also at that meeting. Scott County Attorney John Beaty told commissioners they could renew their opt-in to the Jackson Law, but cautioned that using it as a basis for denying the landfill permit would likely constitute a violation of the 1992 court order.

May 20, 2025: Horner told the Independent Herald that he had listened to the comments made by residents at the previous evening’s Commission meeting and was reconsidering his plans for a transfer station on the former Hartco site.

May 22, 2025: In its statement, Brewco said it had been informed by Horner that he was no longer interested in the Hartco site for a transfer station. Brewco said that discussions about the transfer station had been initiated by Horner and had not been agreed to by Brewco. Separately, Oneida Mayor Lori Phillips-Jones said that she was doing due diligence with sources such as MTAS, TDEC and others to explore whether Oneida could limit a new landfill through zoning ordinances, and whether the town should opt into the Jackson Law. (The next meeting of the town’s Board of Mayor & Aldermen is on June 19.)

June 2, 2025: In a special meeting, Scott County Commission renewed the local opt-in of the Jackson Law. It passed by unanimous vote.

June 5, 2025: Dozens spoke out against the landfill at a public hearing organized and hosted by the Oneida Board of Mayor & Aldermen at Oneida High School. Because it was an informal meeting, no official action could be taken by the Oneida board.

June 10, 2025: The Winfield Board of Mayor & Aldermen opted into the Jackson Law, and also passed the first reading of an ordinance restricting transfer stations within one-half mile of a residence and one mile of a school. Scott County Director of Schools Bill Hall was at that meeting to state his opposition to the transfer station, which is one-third mile from Winfield School. Horner was also present at the meeting but did not speak. Afterwards, he said the town’s action would not deter plans for the transfer station and said his group’s attorneys would get in touch with the town’s attorney to determine how to proceed. He also said he is withdrawing an offer of $250,000 to $350,000 per year to the town in host fees.

June 13, 2025: Bearcat Properties Inc. issued a statement saying that landfill developer Knox Horner is not an affiliate of Bearcat, and that its ownership of the property that Horner is proposing to purchase was obtained by legal and ethical measures.

June 19, 2025: The Town of Huntsville Board of Mayor and Aldermen adopted a resolution approving its participation in a new coalition of local governments being formed to research questions and concerns in opposition to the planned landfill. The resolution indicated that the towns of Oneida and Winfield, as well as the county legislative bodies of Scott County and McCreary County planned to join the coalition, as well.

June 23, 2025: In a story published by the Independent Herald, Oneida Mayor Lori Phillips-Jones said that there is only so much leachate the Oneida Water & Wastewater Department — which serves the Bear Creek area — can take at its wastewater treatment plant. The town currently takes an average flow of three gallons per minute from the existing landfill at Bear Creek, which is owned by Waste Connections LLC. While transferring leachate by truck to a sewage treatment plant outside Oneida will be a possibility for the new landfill, Huntsville Mayor Dennis Jeffers told the IH that his town will not accept the leachate at its sewer plant — which is the only other sewer plant located in Scott County. It appears that McCreary and Pulaski counties, the closest sewer plants on U.S. 27 to the north of Bear Creek, are off the table, as well.

June 26, 2025: The Town of Oneida Board of Mayor and Aldermen adopted a resolution approving its participation in the landfill coalition. The resolution was very similar to one approved by the Town of Huntsville one week earlier, except that it omitted the word “opposition.” The town also approved the first reading of an ordinance that will establish overlay zoning requirements prohibiting landfills within one mile of a residence or two miles of a school. The ordinance was originally worded to read one-half mile from a residence or one mile from a school, but the distances were doubled at the request of Alderman Mark Byrd. Finally, the board approved a resolution opting into the Jackson Law. However, another vote will be required at the board’s July 2025 meeting due to a state requirement that the measure pass by a two-thirds majority. Only three members of the board were present for the June 26 meeting. Horner was present at the meeting and requested an opportunity to sit down with the mayor and aldermen to discuss the landfill plans more in-depth. Mayor Lori Phillips-Jones indicated that a work session would be scheduled. Work sessions are open to the public. Mayor Phillips-Jones also presented Horner with a list of questions on behalf of the town, seeking more information about his landfill plans; she said it was in response to a request for information that the town had received from Horner’s attorney.

June 27, 2025: The McCreary County Fiscal Court adopted a resolution approving its participation in the landfill coalition. The resolution was similar to the resolution passed a night earlier by the Town of Oneida, except it added verbiage not in the town’s resolution that stated the coalition hopes to ensure the proposed landfill is “developed responsibly and sustainably, benefiting all citizens and parties involved.”

June 30, 2025: Scott County Commission adopted a resolution approving its participation in the landfill coalition at a special called meeting. Scott County’s resolution was essentially identical to the resolution adopted by the Town of Oneida.

July 3, 2025: Knox Horner filed re-certification paperwork with the TN Dept. of Environment & Conservation on the 24-acre Roberta Phase II landfill permit that was approved by TDEC in 2010.

July 8, 2025: The Winfield Board of Mayor and Aldermen adopted a resolution approving its participation in the landfill coalition and has committed to spending up to $20,000 to hire legal and environmental consultants.

July 9, 2025: At an inaugural meeting of the Scott County-McCreary County Environmental Coalition, Knox Horner said that construction on the landfill would begin in September.

July 17, 2025: The Huntsville Board of Mayor and Aldermen approved a resolution committing to sharing the cost of hiring legal and environmental consultants as part of the landfill coalition’s fight, on a pro rata basis, according to Scott County Mayor Jerried Jeffers. That means the town’s share would be based on population, which Jeffers said would amount to approximately 7.8% of the cost.

July 17, 2025: The Oneida Board of Mayor and Aldermen authorized up to $20,000 for hiring legal and environmental consultants as part of the landfill coalition’s fight.

July 21, 2025: Scott County Commission authorized up to $20,000 for hiring legal and environmental consultants as part of the landfill coalition’s fight.

August 11, 2025: Opponents of the landfill packed the conference room at the Scott County Office Building, many of them holding signs, as the Scott County Solid Waste Board held its quarterly meeting. On the agenda was a letter to TDEC stating no need for an additional landfill. However, the board did not have a quorum present, and instead used the meeting to field questions and comments from the audience. John Beaty, the county’s attorney, told the audience and board members that he would combine points made in three letters of opposition to the landfill and present them to Scott County Commission when it met on August 18. A special meeting of the Solid Waste Board was scheduled for August 25. Beaty later said he felt, after additional thought, that it was inappropriate of him to submit a letter to County Commission and that the county will instead rely on the legal counsel of the anti-landfill coalition of local governments, which it is a part of.

August 12, 2025: State Sen. Ken Yager, R-Kingston, submitted a letter to TDEC asking the agency to oppose the landfill proposal. He met with TDEC Commissioner David Salyers on the subject that same day.

November 2025: An attorney for a coalition of local governments argued in a letter to TDEC that the state agency violated the Jackson Law in permitting Roberta Phase II in 2010 and asking that the original permit be nullified. Attorneys for Horner have since responded to that letter, arguing that TDEC’s 2010 decision was correct.

December 2025: Big South Fork National River & Recreation Area Superintendent Niki S. Nicholas wrote a letter to TDEC raising several questions about Roberta Phase II’s ARAP application. Additionally, TDEC wrote a letter to Roberta Phase II informing the company of several deficiencies in its ARAP application.

December 2025: The Tennessee Wildlife Resources Agency submitted a letter to TDEC stating no objections to the proposed landfill.

February 2, 2026: State Sen. Ken Yager, R-Kingston, and State Rep. Kelly Keisling, R-Byrdstown, filed legislation in the Tennessee General Assembly that would stop the Roberta Phase II landfill by applying Tennessee’s 1960s-era Scenic Rivers Act. Specifically, the Big South Fork River would be classified a Class II Pastoral River, and legislative language would be adopted to declare that a new landfill is prohibited in the entirety of any county in which two rivers merge, flow through a national river and recreation area, and then flow into a neighboring state. The legislation passed the Senate unanimously in March 2026. However, it failed in the House Agriculture & Natural Resources Committee, with a 7-7 vote on March 31, 2026.

February 10, 2026: Attorneys representing Timber Rock Lodge and its owners, Ralph and Michelle Trieschmann, filed a lawsuit in Davidson County (Nashville) Chancery Court against the TN Dept. of Environment & Conservation and Roberta Phase II, arguing that the 2010 landfill permit was issued illegally by TDEC because the agency did not obtain approval from the Scott Solid Waste Board.

April 15, 2026: The TN Dept. of Environment & Conservation informed Roberta Phase II and local officials that it is denying Roberta Phase II’s request for an Aquatic Resources Alteration Permit (ARAP). The letter can be viewed below:

20260415171910625 Download

April 16, 2026: The TN Dept. of Environment & Conservation informed Roberta Phase II and local officials that it considers Roberta Phase II’s request to recertify the 2010 landfill permit a “major modification,” which will require the project to be approved at the local level — a move that almost certainly will not happen.

What comes next?

As of Wednesday, April 15, 2026:

The TN Dept. of Environment & Conservation’s denial of an ARAP application for Roberta Phase II does not invalidate the 24-acre landfill permit that was issued in 2010, in and of itself, but it does mean that Roberta Phase II cannot move forward with its landfill as it is currently designed. Roberta Phase II has the option of appealing TDEC’s decision, or submitting a new ARAP request that addresses the deficiencies that TDEC identified in the letter it issued on April 15, 2026.

Meanwhile: Legislation filed by Timber Rock Lodge owners Ralph and Michelle Trieschmann against the TN Dept. of Environment & Conservation remains in Chancery Court in Nashville. The lawsuit argues that TDEC issued the Roberta Phase II permit illegally in 2010 because it did not obtain the approval of the Scott Solid Waste Board. The Trieschmanns’ petition for an emergency injunction to stop the landfill was denied. Cumberland Clear, a citizens’ non-profit, has also promised a lawsuit of its own.

And: Trans Rail Waste Services LLC has applied for a transfer station permit from the TN Dept. of Environment & Conservation. TDEC has not approved the application; the permit is listed as “pending.” The next major move appears to be TDEC’s to make. If TDEC approves the transfer station permit, it may subject itself to potential litigation by local governments or citizens groups. If TDEC denies the transfer station permit, it and local governments may be subjected to potential litigation by the landfill developers. To be clear, no party on either side of the issue has publicly suggested a lawsuit; however, much like the 1989-1992 landfill saga that ultimately led to the original landfill at Bear Creek, it seems likely that the issue will ultimately be resolved in court.

Finally: A government coalition made up of representatives of Scott County, the Town of Oneida, the Town of Huntsville, the Town of Winfield, and McCreary County, Ky., continues to meet and be active in its opposition to the landfill. The group has spent approximately $100,000 in legal fees.

Collectively, these actions mean the landfill war is being fought on three fronts: by private citizens, by local governments, and by state government.