Dispute over locating scrapyard on a Columbia creek settled, alleviating pollution fears
A settlement has been reached between the City of Columbia, environmental groups and the city’s zoning board in a years-long dispute over a scrapyard near Gills Creek.
The July 3 settlement puts an end to lawsuits filed in 2021 by the city and two environmental groups, Congaree Riverkeeper and Gills Creek Watershed Association, against the city’s Board of Zoning Appeals and a previous owner of the scrapyard over pollution concerns.
The settlement requires Edisto Recycling Inc., the current owners of the scrapyard located on Shop Road near the intersection with South Beltline Boulevard, to regularly test the site for pollutants, construct a retention pond and install landscaping.
“We would have never gotten here if the City of Columbia and the other environmental groups hadn’t stepped forward to do what was right,” state Rep. Seth Rose, D-Richland, who is representing Edisto Recycling and its owner Chris Riley, said. “Going forward there’s not going to be any issues. The property is going to look much better and all environmental concerns will be addressed.”
The owners will also have to keep all operations on the site 25 feet away from the water. A buffer zone of native plants will be created and maintained on the edge of the property adjacent to the creek to help absorb any runoff from the site.
The Congaree Riverkeeper and Gills Creek Watershed Association will be allowed to inspect the property with 48 hours notice. The property and the improvements made under the terms of the settlement will be subject to state Department of Health and Environmental Control and Columbia regulations.
The terms of the settlement will be inherited by any future owners of the property, according to the settlement.
The saga began on March 4, 2021, when the city’s zoning board allowed the then-owners of the property, American Scrap Iron and Metal LLC, to operate a scrapyard at the site. The city appealed the zoning board’s decision on March 31, alleging the decision did not satisfy environmental requirements, according to previous reporting from The State.
The Congaree Riverkeeper and Gills Creek Watershed Association filed an appeal of the zoning decision on April 28, 2021. The environmental groups’ appeal was consolidated with the city’s on Aug. 25.
The battle over the site was complicated by a dispute over who owned the property. One Helms LLC was given ownership in November 2022 and American Scrap was evicted from the site. One Helms merged with Edisto Recycling Inc.
The appeal against the Board of Zoning Appeals and new owners Edisto Recycling was dismissed following the settlement, according to court documents.
Bill Stangler, director of the Congaree Riverkeeper, said he hopes the decision will set a precedent for operations like the scrapyard to not be “rubber-stamped” by authorities.
“It took a while to get there, more than two years, but we’re pleased to see a final resolution in this case,” Stangler said. “It’s important for the community and for the environment that we got these environmental protections in place … and sent a message to the board of zoning appeals, and really any local decision making body, (that) they need to be thoughtful and thorough” in deciding these types of projects.
Aerial photographs of the property included in the settlement show a large number of vehicles stored on the side of the property nearest the creek in 2021 and 2022.
Gills Creek runs from north of Forest Acres through urban and industrial areas before emptying into the Congaree River downstream from Interstate 77. The creek carries runoff from the parts of town it flows through, said Bailey Parker of the Gills Creek Watershed Association.
“While a pristine, all natural, native plant landscape would be ideal in any situation, the settlement as it is makes for a much better impact on Gills Creek than whatever would have been going on right there at that spot,” Slice said.
Edisto Recycling has locations in Round O, St. Matthews, Allendale and Hardeeville, according to the company’s website. The company and its owner, Riley, have an “excellent” environmental track record, Rose said.
Timothy Dickensheets, owner of the Shop Road scrapyard’s former operator American Scrap, said he maintains there was no pollution runoff into the creek while he operated the scrapyard. He said he believes he is being targeted by the state health department.
American Scrap was fined $75,000 by the state health department in March for pollution violations at scrapyards it operates in Columbia, Cayce and Florence that occurred between January 2020 and February 2022.
This story was originally published August 1, 2023 at 5:30 AM.