Dear Friend, As you may already have heard, BFI/Republic is making another expansion attempt of Middle Point Landfill (MPL) and they have applied to the Tennessee Department of Environment and Conservation (TDEC) for approval. This time, instead of a lateral expansion, they are applying for a vertical expansion. This new proposal is looking to increase […]
Dear Friend,
As you may already have heard, BFI/Republic is making another expansion attempt of Middle Point Landfill (MPL) and they have applied to the Tennessee Department of Environment and Conservation (TDEC) for approval. This time, instead of a lateral expansion, they are applying for a vertical expansion. This new proposal is looking to increase the height of MPL another 70 feet and extend the lifespan around another 15 years.
The 627 page application can be found at the link here.
BFI/Republic/MPL did not notify or discuss their plans with Rutherford County nor with Murfreesboro. Nor did they discuss their plans with any local legislators.
Murfreesboro and the Central Tennessee Regional Solid Waste Planning Board filed a lawsuit against BFI asking for injunctive relief in order to halt the application process.
I am in support of the city’s efforts as any expansion is most certainly against the wishes of the community.
While unrelated to the expansion attempt, the Rutherford County Commission is running a resolution in support of Tennessee’s Jackson Law which provides some local control over new solid waste construction. You can read about my efforts and support here.
From questions that I have been asked and from social media comments online, there appears to be some confusion about the lawsuit and the situation as Middle Point’s marketing firm sent out a statement which you can read here.
To better understand the issue, MPL is saying that there will be a long process before approval and the process will involve a public comment period. The city and the regional board are saying that MPL isn’t using the appropriate process as an expansion is required to go through the regional board in addition to TDEC.
At the heart of the situation is whether MPL is applying for a modification of their permit or applying for an expansion as each requires a different approval process. A modification requires an application, a minimum 240 day review by TDEC and a 45 day public comment period.
A new landfill or an expansion of an existing landfill requires the above and involvement by the regional board. In an expansion, the regional board must receive the application before or at the same time as TDEC and the regional board has 90 days to review the application to determine if the expansion fits into the region’s 10 year plan. The regional board’s review includes their own public comment period and hearing, as well.
MPL is attempting to call this proposal a modification as they aren’t applying to spread the ground footprint of MPL horizontally. However, they are asking to increase the vertical footprint and the overall capacity. Expansion isn’t limited to nor defined as only horizontal expansion in our code. In solid-waste permitting, “expansion” means any change that increases the size, reach, or capacity of a landfill beyond what its current permit allows. Thus, I would submit that BFI/Republic is pursuing an expansion and must follow the process that includes the regional board.
As I am certainly not an attorney nor a judge, I cannot say for certain how a court will rule, but I believe Murfreesboro and the regional board have a strong case and I completely support their efforts,
On a side note, if you aren’t receiving the Capitol Checkup or Community Checkup via email and you would like to join thousands of other Rutherford Countians who are doing so, you can sign up here. Scroll down to the “Join Email List” button to enter your information.