Court backs board rejection of landfill expansion: 'We're happy with the judge's decision'

Correction: Middle Point Landfill accepted more than one million tons of trash in 2022, and only about 287,198 tons, which is about 28.2%, came from within Rutherford County. A previous post of story had incorrect information based on initial interview with source.

Middle Point Landfill lost a Friday court ruling that blocks a proposed 99-acre expansion plan in north Rutherford County.

Davidson County Chancellor Russell T. Perkins upheld the Central Regional Solid Waste Board decision on July 9, 2021, that rejected the landfill expansion plan by BFI Waste Systems of Tennessee LLC. BFI is part of Republic Services, a publicly traded corporation based in the Phoenix area.

"The substantial and material evidence in the record supports the board's determination that BFl's application to expand Middle Point is inconsistent with the Central Region's current Region Plan," Perkins said in the ruling.

Middle Point says decision could lead to 'trash crisis'

BFI proposed expansion in 2021 because the existing 207-acre landfill is expected to be full by July 2027 off East Jefferson Pike in Rutherford County's Walter Hill community, Middle Point general manager Mike Classen reported November 2022.

The expansion proposal, however, faced opposition from local governments and residents because of odors and other environmental concerns examined by the regional board during a public hearing prior to decision. BFI also faces a lawsuit from the Murfreesboro government, accusing Middle Point Landfill of causing odor problems and water pollution to the nearby Stones River, the city's drinking water source.

Middle Point Landfill management provided the following statement to The Daily News Journal in response to the court ruling:

“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. We look forward to continuing our conversations with Rutherford County leadership and are confident we can reach a favorable outcome.”

Landfill officials report that Middle Point accepted waste from 24 Middle Tennessee counties the past year. Nearly 56.7% of the waste dumped from Sept. 1, 2022, to Aug. 31, 2023 came from Davidson County while Rutherford County provided slightly more than 29%. The total collected at the landfill in that year was nearly 926,474 tons.

Landfill officials in April 2022 reported that Middle Point accepted trash from 27 counties in Middle Tennessee with 52% coming from Davidson and 32% coming from Rutherford. About 99% of the waste came from Davidson, Rutherford, Sumner, Putnam, Franklin and Lincoln counties.

Landfill opposition: Rutherford residents cite health, environment as reasons not to expand Middle Point Landfill

Local governments pursue other solid waste options

Although BFI expects the landfill to be full by July 2027, others including Rutherford County solid waste director Bishop Wagener expect Middle Point to reach its limits much sooner.

In response to the landfill nearing closure, Wagener and Rutherford County Mayor Joe Carr recommended the County Commission recent decision to build a $20.3 million solid waste transfer station where trash and recycling materials collected only in Rutherford County can be dropped off on the northside before being hauled out of the county.

Part of the concerns about Middle Point Landfill is that about 71.8% of what's buried is coming from outside Rutherford County. The landfill accepted more than one million tons of trash in 2022, and only about 287,198 tons, which is about 28.2%, came from within Rutherford County, Wagener said.

The transfer station will take about 18 months to build on county property adjacent to Middle Point Landfill once a construction contract is awarded. Wagener hopes the transfer station will open as soon as possible in 2025.

Like the county, the Murfreesboro government also has plans to build a solid waste transfer station on 25 acres on Butler Drive on the southside.

City officials estimate 10% of the solid waste dropped at the transfer station will be shipped to a landfill out of Rutherford County.

They also expect to work with contractor WastAway on the remaining solid waste to either recycle materials or convert the garbage to an energy product to sell to industry, said Darren Gore, a Murfreesboro assistant city manager whose oversight includes solid waste operations.

“The city’s pursuit to partner with WastAway to generate renewable natural gas and a solid biomass fuel that is considered equivalent to coal or wood per the EPA (U.S. Environmental Protection Agency), demonstrates Murfreesboro’s alignment with the Central Tennessee Solid Waste Board’s regional plan," Gore said. "The social, environmental, and financial benefits associated with the WastAway process were scored the highest by (Murfreesboro) City Council, and we look forward to the successful completion of this solid waste management solution."

'A pending crisis': Rutherford County to ship out trash when Middle Point Landfill closes

Board members pleased with court ruling

Gore also is a Murfreesboro representative of the Central Regional Solid Waste Board that won a court ruling to back up the decision that rejected expansion of Middle Point Landfill.

“I am very excited to hear about Chancellor Perkins' decision affirming the Central Tennessee Regional Sold Waste Planning Board’s decision to deny BFI’s Middle Point expansion," said Gore, adding that landfill expansion was inconsistent with the board's 10-year plan.

"The board’s role is to help guide our region’s future in solid waste management," Gore added. "The board’s plan was very clear that new processes, including recycling, composting, waste-to-energy, and mixed waste processing to generate biofuel is the roadmap to the region’s future, and therefore a Middle Point landfill expansion was incompatible and inconsistent with that plan.”

Wagener is a county representative of the central solid waste board. He was not yet on the board when it rejected the landfill expansion plan but strongly agrees with the decision.

"We're happy with the judge's decision," Wagener said. "I think it's the best decision for the citizens of Rutherford County. It lets waste corporations know they can't bypass the citizens who live around and own property around landfills."

'Times have changed': How landfill decisions in 1987, 1995 shaped Rutherford County today

Middle Point Landfill 'was never intended to be that big'

The original state permit for Middle Point was for a much smaller landfill that dates back over three decades before the proposed expansion to the existing operation, said Wagener, who earned a masters degree in 2018 in geology with a concentration in environmental geosystems from Middle Tennessee State University in Murfreesboro.

"It was never intended to be that big," said Wagener, a solid waste expert who previously worked for the Tennessee Department of Environment and Conservation, which has regulatory oversite of landfills. "We hope the liners will last indefinitely, but there's a lot of unanswered questions."

Timeline: A look at Rutherford County's 35-year-plus history with landfill operations

Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow him on Twitter @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription.

By the numbers: Middle Point Landfill

• Size of existing landfill: 207.3 acres

• Height of landfill: 234 feet

• Additional height allowed by state permit: 80 feet

• State-permitted cubic yards of waste allowed: Nearly 38.8 million

• Proposed expansion: 99.45 acres

• Proposed additional cubic yards of waste under expansion: 32 million

• Percentage increase in cubic yards of waste if allowed: 82.5%

• Estimated trash hauled by Rutherford County government in 2021: 49,000 tons

• Estimated trash hauled by Murfreesboro government in 2021: 51,000 tons

• Estimated trash hauled by private commercial haulers in county in 2021: 270,000 tons

• Estimated trash hauled to landfill from Rutherford County in 2021: 370,000 tons

• Estimated trash dumped at landfill from other counties in 2021: 750,000 tons

• Estimated total tons in 2021 dumped at landfill: 1.1 million

Source: Tennessee Department of Environment and Conservation and Bishop Wagener, Rutherford County solid waste director

This article originally appeared on Murfreesboro Daily News Journal: Middle Point Landfill loses court ruling to expand operations