As most folks in Rutherford County and Murfreesboro are aware, Middle Point Landfill (MPL) filed an application for a vertical expansion in late October.
This week, I learned their application has been determined “incomplete” by the Tennessee Department of Environment and Conservation (TDEC). MPL received a Notice of Deficiency (NOD) from TDEC concerning their application for a vertical expansion.
I have long been opposed to any expansion of MPL and it’s very important to me that our community understands this process and how this new information fits into the situation. I view it as a three-step process:
- Determining the right kind of permit application
- Permit application review by TDEC for completion
- Permit approval process
Of course, any business or landfill essentially has unlimited time to determine if they want to file a permit application and which type to file. There is a 45-business day timeframe for TDEC to determine if an application is complete and then a roughly 240-day timeframe for TDEC to evaluate the permit for approval.
The 45- and 240-day timeframes aren’t hard numbers as each timeframe can be paused when more information is needed. That is now the case regarding MPL’s NOD. When TDEC issued this notice, their 45-day clock was paused. My understanding is that TDEC will still be evaluating the permit application for completeness and the entire process does not start over.
It’s important to note that the three-step process is different depending on whether the application is for a major modification or if it is for an expansion.
During the 240-day expansion permit evaluation by TDEC, a county or municipality that has opted in to the provisions of the Jackson Law can essentially veto the expansion. Additionally, a regional solid waste board can block an expansion if the proposal does not fit into the ten-year plan for the region.
Though it is still an extensive process with a public hearing, major modification applications can bypass both the Jackson Law and a regional solid waste board’s local approval process.
Herein lies the first point of contention with MPL’s expansion application. Instead of utilizing the expansion process pathway, MPL has filed the major modification paperwork which, if approved, would bypass local approval.
By law, TDEC must evaluate their application even if it could be considered the wrong pathway. The City of Murfreesboro has asked for an injunction to halt this first step as they believe the wrong application has been filed.
I have spoken with and concur with the city. Any increase in footprint, whether horizontal or vertical is, by definition, an expansion as opposed to a major modification.
Additionally, correspondence I have received from TDEC consistently refers to MPL’s proposal as an expansion or vertical expansion. The legal process that Murfreesboro is taking is going to take some time. We, as a community may need to be patient, but I believe the facts are on their side.
Other points of contention that could impact the approval process include the proposed engineering changes, FAA and flight hazards, and underground aluminum reactions.
All these problems, amongst other issues, in and of themselves should preclude any expansion or major modification out at MPL. But if the courts take the appropriate action to ensure the appropriate application is filed, these points can be reviewed and judged by more than just TDEC.
To me, having local control in matters that directly impact the health, quality of life, and property values of our citizens is vital to protecting our liberty. We will not quit fighting for our community and its citizens.
Bryan Terry, MD represents District 48 which includes part of Murfreesboro and the eastern half of Rutherford County.