Solid Waste Enforcement: Tennessee Department of Environment and Conservation and Maury County Construction and Demolition Landfill Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Department of Environment and Conservation (“TDEC”) and Maury County entered into a January 26th Consent Order (“CO”) addressing alleged violations of certain Tennessee Solid Waste Rules.

The CO provides that Maury County operates a construction and demolition landfill (“Landfill”) in Columbia, Tennessee.

The Landfill operates pursuant to a solid waste permit (“Permit”).

Further, the Permit is stated to have been supplemented by an Operations Plan and Engineering Plans.

The CO states it was determined after a February 15, 2019, meeting that waste has been placed outside the permitted waste boundary of the Landfill both horizontally and vertically. In addition, on February 26, 2019, TDEC Division of Solid Waste Management (“Division”) personnel conducted a compliance evaluation inspection (“CEI”) at the Landfill.

The inspector is stated to have observed leachate coming from the side slopes above the sedimentation pond in multiple areas. Such leachate is stated to have discharged to a creek.

A follow-up inspection on March 27, 2019, is stated to have involved an observation that erosion was present on the side slope facing the sediment pond and that emplaced solid waste was exposed. Leachate was stated to have eventually discharged to a creek. Additional violations allegedly noted included:

  • Washout of solid waste
  • Leachate entering the run-off system
  • Inadequate erosion control

The Division conducted an additional CEI at the facility on May 14, 2019. Leachate is stated to have again been noted in the same area along with multiple erosion rills. Violations allegedly identified include:

  • Washout of solid waste
  • Leachate observed at the site
  • Leachate entering the run-off system
  • Inadequate maintenance of the run-on/run-off system
  • Inadequate erosion control
  • Operation does not correspond with permit conditions due to the overfill of waste

The CO provides that Maury County agrees to close the Landfill in accordance with the relevant Tennessee regulatory regulations addressing closure requirements. In addition, it agreed to accept no new waste and address both the horizontal and vertical overfill of the Landfill.

Additional actions to which Maury County agreed include submitting within 30 days of entering into the CO an application for a major modification to the Landfill’s Permit. This modification is required to include a Corrective Action Plan to remediate the site.

The CO specifies a number of individual requirements that must be included in the Corrective Action Plan.

A copy of the CO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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