Tennessee bill could require legislative oversight for landfill expansions

Tennesee lawmakers have introduced a bill to allow local mayors and legislative bodies to have a say in whether aging landfills are suitable for expansion.

The bill, proposed by Rep. Bryan Terry and Sen. Dawn White, would require owners of landfills in existence before 1989 to get a letter of support from both the county mayor—or county legislative body—and the mayor of each city located within a mile of the landfill when submitting an application to expand.

As reported by the Tennessee Lookout, the bill emerged from an ongoing dispute over the future of Middle Point Landfill in Murfreesboro, Tennessee. The landfill is near capacity and its local owners, BFI Waste Systems of Tennessee and Phoenix-based Republic Services, are seeking to expand its existing 207-acres by nearly 100 more, prolonging its estimated seven years of life by upwards of 25 years.

The landfill takes in trash from 34 counties. Neighbors and local officials reportedly have opposed the expansion, citing odors, environmental impacts and quality of life concerns, but both Murfreesboro Mayor Shane McFarland and Rutherford County Mayor Bill Ketron support the bill.

If passed, the bill would amend the 1989 Jackson Law, a measure that requires approval by local government for any new landfill—or expansion of an existing landfill built after 1989, as long as the local government has first voted to opt into the Jackson Law rules.  The law, however, grandfathered out 17 landfills—including Middle Point—that existed before 1989.

Terry tells the Tennessee Lookout the bill would provide local officials a “seat at the table for any expansion so when landfills are making a generational decision, these locals would have a say” in any expansion plans for the 17 landfills.

According to the Tennessee Lookout, the bill was dismissed temporarily after some lawmakers expressed concern that it ran contrary to the intent of the Jackson Law during an Agriculture & Natural Resources Subcommittee hearing on Feb. 1.

Rep. Chris Todd says in the report that he also was concerned about an uneven balance of power: “It’s kind of like a trump card. Literally one signature could hold this up,” he says, referring to a single mayor or county commission who might decline to provide a letter of support even if state environmental officials or others approved of an expansion.

Terry tells the publication he will put the bill on hold temporarily while working to provide lawmakers more information.