Bristol landfill litigation finalized

A federal court order has finalized litigation between Bristol, Tennessee, and Bristol, Virginia, regarding the Bristol, Virginia, Quarry Landfill. Senior U.S. District Judge James P. Jones issued the consent order Monday. 

The order requires Bristol, Virginia, to make a one-time payment of $300,000 to Bristol, Tennessee, stop accepting and disposing of waste in the landfill, obtain Virginia Department of Environmental Quality (VDEQ) permission to permanently close the landfill and install an air monitoring system until a polyethylene cover can be placed over the landfill.  

“The proposed consent order is fair, adequate, reasonable, appropriate and in the public interest,” Jones concludes in the report. 

“Bristol, Virginia, is extremely pleased the consent order to resolve the litigation brought by Bristol, Tennessee, against Bristol, Virginia, relating to the Bristol Quarry Landfill has been accepted,” the city says in a statement released on its website. “We appreciate the court’s oversight and our citizens’ patience as we have worked to address these issues.” 

Bristol, Tennessee, filed a lawsuit against Bristol, Virginia, in May 2022, claiming the inadequate management of its landfill was in violation of the Clean Air Act and the Resource Recovery Act. The initial complaint described odors from the landfill, located approximately 1,000 feet from Bristol, Tennessee, as being “putrid and noxious, including odors of chemicals and gas.” Residents and city employees complained of nose bleeds, headaches, migraines, nausea and eye and respiratory irritation attributed to the odors. Bristol, Tennessee, claimed also that the smell negatively affected the city’s ability to attract and keep businesses and residents.  

The Virginia Department of Environmental Equality (VDEQ) convened an expert panel and determined the site showed early signs of an elevated temperature landfill (ETLF), resulting in odors likely being released from chimneys in the landfill’s sidewalls and, because of inadequate soil cover material, from the landfill’s surface. VDEQ released a report detailing specific engineered actions intended to minimize the release of odors and remediate harm in April 2022.  

Jones highlights Bristol, Virginia’s initial compliance in his review released alongside the consent order. 

“Bristol, Virginia, asserted its intent to cooperate in finding solutions to the landfill issues and, by agreement of the parties, this court entered a preliminary injunction on June 14, 2022, directing Bristol Virginia to perform the recommended remedial actions,” he says. “As far as has been reported, the deadlines for these remedial actions were met.” 

As previously reported by Waste Today, Bristol, Virginia, originally sought help from state and federal leaders to stifle odors at the landfill before the lawsuit was filed.  

The Quarry Landfill has been closed since Sept. 9, 2022.