NASHVILLE, Tenn. (WTVF) — Attorneys for Middle Point Landfill argued in Davidson County Chancery Court on Thursday why they believe efforts for expansion were wrongfully denied.
They claim the Central Tennessee Regional Solid Waste Board’s decision to deny their expansion was politically motivated and not based on fact or merit.
Middle Point attorney Bill Beck explained to Chancellor Russell Perkins how the board’s responsibility has always been to ensure that the region has adequate capacity for solid waste disposal for years to come.
Beck claims the decision to deny the expansion not only puts solid waste capacity for the region in jeopardy, but they expedited the process in a way that ignored procedure.
Attorney John Rodgers who represented the board reassured the courts that everything was done by the book the moment Middle Point filed to expand north toward Jefferson Pike.
Rodgers said the board determined that the application was inconsistent with their plan, but also noted several environmental concerns.
The board heard most of these concerns in public comments, addressing everything from odor complaints to the dumping of aluminum waste on Middle Point property.
Attorney Lisa Helton spoke on behalf of the City of Murfreesboro and added that the city received more than 800 odor complaints in the first two months of launching its online complaint portal. She said soon after, that number had doubled.
She also stressed the concern over the more than 650,000 tons of aluminum waste that could set off a chemical reaction when it comes in contact with water.
“The board took these and many other factors into consideration and it was entirely acceptable to do so,” Helton said.
The City of Murfreesboro is still in pending litigation with Middle Point Landfill over allegations of odor and PFAS chemicals leaking from the landfill. Middle Point attorneys claim that while this matter has nothing to do with the lawsuit, the city “intervened in the regional board appeal in an attempt to confuse the issues.”
Beck says the board should have voted based on the merits of the application and forwarded any environmental concerns to the Tennessee Department of Environment and Conservation (TDEC) where they could give a fair assessment.
Middle Point General Manager Mike Classen spoke after the court proceedings and said he admits they haven’t always “done the best job in making sure we’re doing our part with good neighbor nuisance things, but that’s not in the purview of this regional board. That’s the purview of TDEC and we think our TDEC record over the last three years is actually tremendous.”
Classen later reiterated that the region board’s sole job is to make sure there are at least 10 years of disposal capacity at a landfill in the region.
Middle Point has said they could reach max capacity at their facility in the next 5.5 years, without expansion.
Their plan for northern expansion would mean expanding further toward Jefferson Pike on property they already own.
A southern expansion, which they prefer, would allow Middle Point to expand away from public view and toward the old Rutherford County Landfill which they hope to acquire.
“We do think that a southern expansion, relieving the county of all the costs of managing their old, closed, unlined landfill, we think that’s the best option, but we have to have a couple of different options on the table in case that doesn’t work out,” Classen said.
Chancellor Perkins explained that he would take all matters into advisement and deliver a written verdict in three to four weeks.
NewsChannel 5 Investigates asked Classen what would happen if the courts denied the appeal, and he claims it could be the first step toward an impending trash crisis.
“There’s certainly the ability for a subsequent appeal and that’s definitely on the table, but what it does is it brings the trash crisis one step closer to Middle Tennessee and that’s real. If Middle Point Landfill does not expand, the cost for disposal for all citizens, all businesses in Middle Tennessee goes up astronomically and it goes up immediately,” Classen said.
Helton, however, argued that denying the request does not leave the region without an option. She told the court how cities in Middle Tennessee, including Murfreesboro have been preparing for the day Middle Point Landfill shuts down.
Helton pointed to money earmarked by Murfreesboro for a waste transfer facility, which is believed to be an alternative to shipping trash hours away for disposal at another landfill.
Classen says it will still come at a cost to taxpayers when the agreement for years has made it so Rutherford County could dispose of their trash for free.
“Even if that works for $70 million plus the significant cost to all residents, it still does not take the waste from industry, businesses, and other complex waste streams. So, even if that technology works which I think is still very much to be determined, landfills will always be required,” Classen said.
Middle Point Landfill currently serves 34 counties across the region including Davidson, Rutherford, Williamson, and Wilson counties.
Classen says whether or not they’re granted expansion, they will continue to negotiate with Rutherford County for the best and most cost-effective disposal solutions.
“No matter what happens, we’re committed to working with Rutherford County leadership to find a solution that maintains low-cost disposal for Rutherford County and prevents a solid waste crisis. That’s our number one priority,” Classen said.
