Murfreesboro council agrees to sue Middle Point Landfill about odor, water pollution
Lawsuit will be filed in federal court
- Landfill fire concerns officials
- Murfreesboro government will post legal documents on city website
- Advocate seeks to reduce what's buried at landfill
- City also opposes Middle Point Landfill's proposed 99-acre expansion
Middle Point Landfill should face a federal lawsuit accusing the owners of causing odor and water pollution, Murfreesboro officials decided Wednesday.
Middle Point is located near Murfreesboro's northern boundary by the East Fork Stones River, which is the source of drinking water for the city and much of Rutherford County.
The Murfreesboro City Council consulted with legal counsel before directing staff in a 7-0 vote to file the lawsuit in U.S. District Court in Nashville against the landfill owners, Republic Services, a publicly traded corporation based in Phoenix. The lawsuit also will be against two of the company's local operations: BFI Waste Services of Tennessee LLC and Republic Services of Tennessee LLC.
Murfreesboro Mayor Shane McFarland spoke at a 1:15 p.m. press conference at the city's airport to discuss the landfill issues, following the council meeting. He mentioned how the city has had over 2,000 online complaints from residents about the landfill odors since September 2021
"These complaints were received after multiple public assurances from Republic a year ago that the odor problem would be gone," the mayor said. "Yet the problem persists."
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Republic Services emailed the following statement to The Daily News Journal in response to the lawsuit:
"We are reviewing the complaint now. In the last 18 months, Middle Point has invested more than $6 million in landfill infrastructure enhancements, with additional investments planned or already underway. The community can be assured that Middle Point remains committed to being a safe and responsible landfill operator and good neighbor."
The city also has opposed a proposed 99-acre expansion of Middle Point that's located on East Jefferson Pike (state Route 66) and off U.S. Highway 231 North (Lebanon Pike) in the Walter Hill community on the north side of Rutherford County.
Murfreesboro officials have estimated the existing 207-acre landfill will be full by July 2026. City officials have been examining alternative plans, including waste-to-energy operations and hauling trash to another landfill outside Rutherford County.
More:Timeline: A look at Rutherford County's 35-year history with landfill operations
Landfill fire concerns officials
The source of the Middle Point odor goes beyond the trash being dumped at the landfill, the mayor said.
"Landfill-related odors are connected to the way a site is operated, including how the gasses and millions of gallons of leachate (liquid) produced by the landfill are collected and managed," McFarland said.
"Landfill gas emissions and leachate outbreaks at any landfill are a source of harsh odors like those described in hundreds of citizen complaints received by the city."
Solid waste issues:How officials want to trim Middle Point Landfill dumping by 70%
The mayor noted there's documented evidence about Middle Point failing to contain gas emissions and leachate outbreaks.
"These problems are in addition to the massive, uncovered trash piles at Middle Point that finally caught fire in (June)," McFarland said.
Others, including Rutherford County Mayor-elect Joe Carr, have raised concerns about Middle Point operations. He shared on Facebook a video he recorded of the landfill being on fire in June.
"This is a serious matter," said Carr, a Republican who will be replacing Mayor Bill Ketron. "You shouldn’t have a fire at a landfill. You don’t know what’s burning, and you should not be releasing toxins into the air."
Carr contends this fire should be viewed as more of a threat than a minor incident.
"If a fire at a landfill is no big deal, then let’s set the whole damn thing on fire," Carr said. "Let’s burn the whole damn thing down."
City has evidence of landfill water pollution at Walter Hill Dam
Mayor McFarland also mentioned that an outside consultant in February used a infrared camera to examine Middle Point Landfill and found plumes of noxious gases lofting out of both of the landfill's enclosed gas flares.
"Those plumes should and would not be there if the flare combustion system was working properly," McFarland said.
The mayor also added that the U.S. Environmental Protection Agency in August 2021 had the same findings in a report as the consultant had in February of this year.
"The EPA noted that something may be wrong with the flare system because those conditions were not seen at other landfills," said McFarland, adding that the plumes of gas are a concern for the community.
"Depending on wind direction and thermal layers, those gases travel and can make ground contact, in homes and businesses."
Middle Point Landfill:Why regional committee, citizens continue to oppose expansion
In addition to the odor issues, the lawsuit will provide water sample evidence of the landfill's leachate discharge contaminating the Stones River near the city's Walter Hill Recreation area.
The city also found similar landfill leachate evidence south of the Matthew's Lake area where a groundwater source flows to the East Fork Stones River, the mayor said.
The water sample leachate evidence, the mayor said, also reveals a high level of a chemical known as PFAS, which is polyfluoroalkyl substances, according to the EPA website.
"PFAS chemicals are toxic, but not absorbed through the skin," McFarland said. "The city, nevertheless, will be posting signs at Walter Hill Recreation Area advising people who are boating or swimming in the Stones River not to ingest the river water."
Murfreesboro government will post legal documents on city website
In addition to the lawsuits, the city will provide two written legal notices about the issues to the Tennessee Department of Environment and Conservation and the national EPA, the mayor said.
One notice will inform the regulators about the landfill leachate discharges being in violation of the Federal Clean Water Act, the mayor said.
The other notice will provide evidence of the landfill violating the Federal Clean Air Act, McFarland added.
The notices are required by federal law in pursuing additional legal claims against Republic Services. The city will file additional lawsuit claims if Middle Point fails to resolve the issues within 60 days, the mayor said.
McFarland also noted that the city's website will provide copies of the lawsuit and legal notices.
Advocate seeks to reduce what's buried at landfill
Murfreesboro Democrat Matt Ferry has been a long-time advocate of reducing the solid waste buried at Middle Point Landfill through recycling and composting. He's organized a "Stop the Super Dump" Facebook group to advocate against expansion of the landfill.
“We’re for better practices, not for shutting down the landfill completely,” Ferry said. “We are aware that if that happens, (waste removal) fees would skyrocket and people will lose their minds. And honestly, there are a lot of people who don’t have the money for another utility.”
Ferry is the Democratic nominee campaigning against state Rep. Bryan Terry, R-Murfreesboro, in the Nov. 8 election.
“We want a plan that cuts down on waste, because that’s part of the problem,” said Ferry, who questions why Republic permits trash from 27 Middle Tennessee counties as of 2022 to be dumped at Middle Point. “That’s outrageous.”
The landfill also puts neighbors in greater risk of respiratory problems, Ferry said.
“People in that area are at their wit’s end,” said Ferry, who praised the city's efforts to oppose the landfill.
“If we reduce the waste, it will prolong the life of the landfill,” Ferry said. “We definitely need more recycling and composting. We need to think about the landfill as a last resort. They want to put everything in the landfill, but not everything belongs there.”
Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow him on Twitter @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription for all dnj.com stories.
Reach reporter Nancy DeGennaro at degennaro@dnj.com and follow her on Twitter @NanDeGennaro.
By The Numbers: Middle Point Landfill
- Size of existing landfill: 207.3 acres
- Estimate by Murfreesboro officials for landfill to be full: July 1, 2026
- State permitted cubic yards of waste allowed at landfill: Nearly 38.8 million
- Proposed expansion by landfill owners, Republic Services: 99.45 acres
- Proposed additional cubic yards of waste if expansion is allowed: 32 million
- Percentage increase of cubic yards of waste if expansion is permitted: 82.5
Sources: Tennessee Department of Environment and Conservation and Murfreesboro Assistant City Manager Darren Gore