Supervisors agreed by a unanimous vote Tuesday to pay $8.5 million for Battle Creek Landfill and its equipment, said William Aleshire, acting county administrator.

The deal Page supervisors agreed to would end all litigation with National Waste Services of Virginia, the company that was bankrupted when the Virginia Department of Environmental Quality closed the landfill last year for taking in too much trash. U.S. Bankruptcy Court in Wilmington, Del., must approve the deal, Aleshire said.

Page would then regain control of the landfill with hopes of reopening it, Aleshire said.

"As soon as we have control of the landfill, we will start to correct some deficiencies," he said. "Once we've corrected the deficiencies, DEQ will give us our permit back."

DEQ spokesman Bill Hayden would not discuss specific terms for reissuing the operating permit, but said the department has always been open to allowing the landfill to operate under the right circumstances.

"Our position has always been that we want to see the landfill operated safely and in accordance with regulations," he said. "If we can reach an agreement that allows that to happen, then it's possible that operation can resume there."

Battle Creek has been a lightning rod of controversy since it opened in January 1999. The county lost millions of dollars for nearly three years under its original contract. The original contractor built the landfill according to new, environment-friendly federal standards. But Page didn't find enough localities or companies in the area that would pay to dump at Battle Creek. The site needed 250 tons of trash per day to cover operating expenses.

National Waste bought the operating contract near the end of 2001 -- bringing profitability to the site, but much more garbage. A daily average of up to 1,500 tons of trash, much of it from out of state, rumbled along Page's rural highways.

The increased waste stream drew the ire of residents and a regulatory tiff with DEQ that culminated in the landfill being shut down in March.

A Richmond circuit judge was scheduled to hear arguments Tuesday in National Waste's lawsuit to have the landfill reopened. That case is among several legal actions that would end if the agreement is approved, said Patrick Cavanaugh, the Washington lawyer for National Waste.

The company's board of directors believes the deal would be a good one for National Waste, Cavanaugh said. "We have an agreement in principle that I'm confident will come to fruition. . . . Once the agreement has been definitively prepared and signed, then we'll dismiss the litigation."

If the deal is consummated, Page most likely will set up a public service authority to operate Battle Creek. Among the deficiencies the county would need to address are uncovered waste and run-off, Aleshire said.

Battle Creek could open in three to four months after the agreement is signed, presuming DEQ reissues the permit. The landfill could take in up to 250 tons of trash per day, but the county could apply for a permit amendment that would allow 500 to 600 tons a day, he said.

Page still doesn't produce enough trash on its own for a 250-ton-per-day average, so the county could be back where it was six years ago when Battle Creek opened -- in search of waste streams.

County leaders would prefer that the garbage come from nearby localities, Aleshire said.

"There'll be no out-of-state trash."