So the decision on revocation will go straight to a Department of Environmental Quality official for a ruling, said Tim Murtaugh, spokesman for Attorney General Jerry W. Kilgore.

Kilgore's office is representing DEQ, which claims that Battle Creek is taking in more trash than it can handle.

State lawyers are determined to have the landfill closed, though they realize that scenario is unlikely, Murtaugh said.

"At the very least, we will ensure that the landfill comes into compliance. We are seeking revocation, but we're realistic about the chances of that," Murtaugh said.

National Waste President Bart Begley did not respond to a message for comment.

Frank Daniel, director of DEQ's Tidewater Regional Office, has been chosen to decide on the revocation issue. Page and DEQ will submit documentation for Daniel to review.

National Waste signed a contract with the county in 2001 to take over operation of Battle Creek, which lost millions of dollars its first two years in business because the county failed to attract enough trash.

Since late 2001, the dump has been criticized for taking in too much waste. After National Waste took over, garbage intake jumped from about 200 tons per day to more than 1,000 tons, hauled in on a stream of trash trucks that became a nuisance to some local motorists.

The DEQ believes Battle Creek can't handle that volume of trash and issued a series of citations against the site last year before calling for a hearing to have its permit revoked.

National Waste sought to be included in the hearing - a move Kilgore's office fought vehemently.

Last month, the company filed a lawsuit in U.S. District Court in Richmond to force its way into the proceeding. The firm claimed that excluding it from the hearing would be a constitutional violation of due process.

But Spencer disagreed, citing state law that precludes any right to operate a dump. "NWS [National Waste] lacks a constitutionally protected property interest in both the Permit and in the continued operation of the Landfill," Spencer wrote.

In waiving its right to a hearing, Page is not conceding fault or agreeing with DEQ's allegations against Battle Creek, said Jim Cornwell, the county's lawyer.

"We just said we don't want a hearing on it, and that we'll let Daniel make a determination," Cornwell said.

National Waste and Page County had been cooperating in the dispute with DEQ. But the Page County Board of Supervisors changed four of five members after November elections, and relations between the local government and the company have become confrontational.

Last month, the county issued National Waste a notice of default that itemizes alleged operating deficiencies at the site.

Page also voted last month to require that more trucks hauling to the landfill pay for permits. National Waste sued the county over the decision in a state court claim that is still pending.