NASHVILLE, Tenn. (WTVF) — Middle Point Landfill General Manager Mike Classen said the clock is ticking after courts denied their appeal to expand the landfill further north.
Chancellor Russell Perkins issued his ruling over the weekend in Davidson County Chancery Court where he upheld arguments made by the Central Tennessee Solid Waste Regional Board.
Middle Point attorneys argued last month that the board was not within their jurisdiction for considering the environmental impacts of Middle Point’s 99-acre expansion plan. The expansion would increase Middle Point’s disposal capacity by 32 million tons and extend the landfill’s life by 25 years.
Classen said his preferred expansion plan would be to move further south and away from the vantage point of Jefferson Pike. It would mean acquiring the old Rutherford County Landfill, which Classen argued would save taxpayers millions of dollars and avoid a trash crisis.
Without an expansion of any kind, Classen says Middle Point which serves 34 counties across our region, would reach capacity in under six years.
“Middle Point is committed to serving Rutherford County and Middle Tennessee over the long term. The only way this is possible is through an expansion of our facility. This decision means Middle Tennessee is one step closer to a trash crisis. The clock is ticking and finding a solution is now paramount,” Classen said.
Classen argued that environmental concerns should have been left to the Tennessee Department of Environment and Conservation (TDEC) where they could give a fair assessment.
Attorney Lisa Helton — who spoke on behalf of the City of Murfreesboro in last month’s hearing — noted that the city received more than 800 odor complaints in the first two months of launching its online complaint portal. She later explained that the board took these and many other factors into consideration and, “and it was entirely acceptable to do so.”
Speaking on the Chancery Court Decision, Murfreesboro Mayor Shane McFarland said: “The City Council voted to intervene in the lawsuit on behalf of the Regional Board to ensure that the concerns of thousands of Murfreesboro residents were represented and heard. Today’s decision is the latest development in the battle against the construction of a new landfill at Middle Point. It’s a big win for the community. The City will remain steadfastly opposed to any expansion of the landfilling operations at Middle Point.”
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.”
Perkins agreed the board was within their jurisdiction in considering certain environmental impacts such as trash alongside the roadway and runoff into nearby waterways.
Perkins did however say concerns over odor complaints, exposed waste, and aluminum waste deposits should be left for TDEC, which is the state agency responsible for oversight of these matters.
“Accordingly, the Court reverses the Board’s denial of the application on these specific environmental grounds,” said Perkins.
Middle Point attorneys also argued that the denial of their application was based on improper procedure.
Attorneys say when the board published the notice for the June 28, 2021, public hearing on its application, the board did not include a map showing the location of the proposed expansion.
Perkins determined the notice required by the Open Meetings Act “is adequate when it gives interested citizens a reasonable opportunity to exercise their right to be present at a governing body’s meeting.”
Board member Donna Barrett said she was pleased with the court’s decision, telling NewsChannel 5 Investigates that she believes the region will have enough trash capacity without the help of Middle Point Landfill.
“We have other opportunities to consider other than landfilling. We have all four counties working on plans and the state is currently working on a 10-year plan. We have other opportunities to take advantage of,” Barrett said.
Barrett used plans for a transfer station built by the City of Murfreesboro as an example of how to redirect trash away from the landfill.
“We’re willing to work with anybody who wants to bring solutions to the table. Mike can be a part of that, as long as our goal is to divert and not cover (trash),” Barrett said.
Classen meanwhile says, “We look forward to continuing our conversations with Rutherford County leadership and are confident we can reach a favorable outcome.”
Classen says they plan to appeal the chancery court decision.
