Apex Sees Anti-EQ Support in High Court Ruling on Zoning

Raleigh, N.C. — Apex officials believe a state Supreme Court decision Friday that supported a plan to build an asphalt plant in Hillsborough will strengthen Apex’s position if Environmental Quality tried to replace its hazardous waste facility, Mayor Keith Weatherly said.

A nighttime blaze that prompted the evacuation of about 17,000 residents in October destroyed the EQ operation, which stored hazardous wastes for transport to treatment facilities elsewhere. The town has vowed to block any attempt to rebuild.

“We believe our legal position is solid in Apex,” Weatherly told WRAL during a “Talkback” interview Friday evening.

The court’s decision Friday said that Hillsborough had to judge the asphalt plant under town rules that were in effect when the application was filed in 2003, not under rules that were adopted later and would bar the facility.

Apex, Weatherly said, zoned out any hazardous waste facilities anywhere in the town’s planning jurisdiction when it adopted zoning regulations in 2000.

“That is the status quo” for any EQ application, Weatherly said. “If they submit a site-plan application now, it seems like the Supreme Court is saying we must review it under what is on the books now, which is no hazardous waste anywhere in Apex.”

“There is absolute unanimity in Apex” against EQ resuming operations, Weatherly told WRAL’s Pam Saulsby.

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Latest Comments

So where's that crap going to go.. Are they going to open one up near me in the country? It's the whole not in my backyard syndrome.. Nobody wants a landfil near them, but we all throw out trash.. If run properly nuclear, biological, chemical, and various other companies are fine. They give money and jobs to the local economy, maybe they just need more oversite or inspections.. How about that. Get the politicians to get work done not just shoot their mouths off with what people want to hear.

todd75m
January 27, 2007 4:54 p.m.

There are more enviro-recycling plants in this area. You just dont know where they are and how to sport them. I hope EQ gets to rebuild, its their land. Everyone one of us makes waste - it might be used medical needles, car oil..etc. In such a large area why outsource?

chris23
January 27, 2007 7:10 a.m.

What about gas stations? They going to approve any more gas stations being built in Apex. You ever see a gas explosion or smell the gas fumes from an exhaust--or a diesel truck. Where you going to draw the line with a business? Guess people should move to Cary where they more understanding.