MURFREESBORO. TENN. (WTVF) — Seven violations in ten months and the city of Murfreesboro says that’s just the beginning of new concerns raised over Middle Point Landfill.
City officials released a statement Monday calling the number of violations discovered by the Tennessee Department of Environment and Conservation "alarming." The most recent violation involved leachate entering dry run-off ditches on the east and west sides of the landfill, according to TDEC's website.
Murfreesboro has argued that contaminants leaking from the landfill have been found near the Walter Hill Recreational Area and near the intake pipe for the Stones River Water Treatment Plant. The city says the contaminants contain harmful PFAS or "forever chemicals" that have been linked to cancer, immune system damage, and reproductive health risks. Aluminum and ammonia have also been discovered in the leachate.
Middle Point Landfill operators were notified last month about what the city says have been ongoing violations of the Clean Water Act and Clean Air Act. They say violations continued to mount even after the city sued the landfill operator – Republic Services, Inc. and BFI Waste Systems of Tennessee, LLC – in 2022.
Mayor Shane McFarland said the city's odor complaint portal, which launched four years ago, just received its 4,000th complaint against the landfill.
"I think we thought at some point that Middle Point Republic, BFI, that they would listen to the residents and try to put their best foot forward," McFarland said.
BFI Waste Systems responded with a statement saying the city's press release "seems more like grandstanding than truly wanting to work collaboratively to address community concerns."
The company acknowledged the complaints but said the city has never "proactively shared specific details with us, even when we asked for it."
"We cannot investigate and address concerns unless the city collaboratively works with us," BFI said.
Regarding the seven violations, BFI said TDEC noted they were minor and did not include any enforcement action.
"In fact, Middle Point was aware and proactively addressing these situations at the time of inspection," the company said. "All seven were quickly resolved. Our systems worked as intended and prevented potential harm to the environment, as noted in the inspection reports."
BFI also claimed that Murfreesboro is contributing to PFAS contamination of the East Fork Stones River watershed from multiple city sources. The company said it has data indicating the city is a significant provider of PFAS-laden materials coming into Middle Point, particularly via wastewater sludge disposed of at the landfill.
"Middle Point Landfill does not use or produce PFAS constituents but rather is a passive receiver of material containing PFAS sent to the landfill for disposal," BFI said.
The company now seeks court permission to file a counterclaim that would require the city to share costs of any necessary PFAS remediation.
McFarland said complaints have surged in recent months over odor linked to issues Middle Point has long been aware of, including problems with gas collection wells and excessive emissions.
The latest developments follow years of legal battles between Middle Point Landfill and the city of Murfreesboro, involving a lawsuit that was later amended to include more alleged EPA violations.
NewsChannel 5 Investigates also uncovered years of reports that documented the amount of methane escaping the landfill was well beyond state and federal limits.
"There's been a federal lawsuit going on for years and conditions at the landfill have gotten worse," McFarland said. "So, if that organization was allowed to expand or move to the next phase, what says that 15 years from now we're not dealing with the same things."
McFarland said his goal would be to cap the landfill as soon as possible so the city can focus more attention on recycling through its new transfer station and ongoing talks with Wastaway renewable energy.
"Ultimately this landfill needs to be brought to some sense of finality," McFarland said. "I think it's pretty unified that the residents of Murfreesboro and Rutherford County want us to make sure that we protect their drinking water, protect their natural resources and feel like Middle Point should be closing so we can move to our next steps."
Murfreesboro City Council members voted unanimously in July to reject a proposed settlement with Middle Point Landfill, choosing instead to continue their lawsuit against the facility's operators.
The decision came after several council members expressed distrust toward the landfill operators, citing broken promises about emissions control and preventing runoff into the nearby East Fork Stones River.
Council members acknowledged that they could still lose if they brought the lawsuit to court, but some expressed that they "would rather fight" if it meant holding the landfill accountable.
That rejected settlement would have required treatment systems for PFAS chemicals, an odor management plan, and a new joint complaint portal, but city officials say this settlement did not go far enough.
Do you have more information about this story? You can email me at Levi.Ismail@newschannel5.com
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