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Ergle case still on hold

Frustrations continue to mount for a local man embroiled in a battle with the Franklin County Solid Waste Department about his unpaid garbage bill.

83-year-old Willie Ergle's battle with the county continues, and continues, and continues, as the Franklin County Circuit Court continues to put the case off at the request of the county.

Ergle maintains he doesn't generate garbage and should not have to pay for a service he doesn't use. This battle is nothing new. The county sued Ergle in the 1990s over an unpaid garbage bill and filed another lawsuit last year in small claims court.

Ergle appealed that verdict to Franklin County Circuit Court and Judge Terry Dempsey. The case was set for trial last year, but was rescheduled to January of 2017. It was again put off until March 6. Before Ergle went to court this month, he was again advised the case had been rescheduled at the request of Franklin County.

“They just keep putting the thing off. I don't know if we'll ever get there,” Ergle said.

Ergle, who lives at the foot of the mountain on Highway 243, said he does not generate solid waste and should not have to pay a monthly fee. Ergle used to receive multiple garbage bills for his barn and his parents' home. After they were in a nursing home for three years, he says the county finally stopped billing for their residence. Ergle, who worked for TVA, moved to Denver for three years and said his house was unoccupied during that time, but he continued to receive a monthly bill.

His home doesn't have a working kitchen. Ergle says he eats at local restaurants daily. And he says any garbage he may generate is recyclable or can be placed in the compost pile.

“90 percent of the stuff they throw in the county dump could be recycled. I've never put out garbage and I'm never going to put out garbage,” Ergle said.

Officials with the Franklin County Solid Waste Department say the law dictates Ergle owes for a garbage bill.

“If you have a residential or business address within Franklin County you have to pay a solid waste bill,” said Jessica Thompson, billing manager with the FCSWD.

Thompson said there is a procedure for seniors to apply for an exemption if their property is vacant, or if they want to apply for a Social Security/disability income exemption.

“If your only household income is Social Security or disability, you can be exempt but must complete the form each year. Mr. Ergle has never come in to apply for an exemption,” Thompson said.

Solid Waste Manager Duncan Ward said it's impossible to live in a residence and not generate garbage.

“Everyone makes garbage. There's no way to live without making some garbage,” Ward said.

The case has been rescheduled until the May jury term of Franklin County Circuit Court, although Ergle has his doubts.

“They'll likely just put it off again,” he said.

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