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Commission asks counsel to review flow‑control resolution after regional board seeks TDEC enforcement
Summary
Following a long legal briefing on a denied landfill expansion and a regional 'flow control' rule, the county commission voted to have counsel review a proposed resolution asking TDEC to notify Middle Point Landfill of alleged unlawful acceptance of out‑of‑region waste and discuss enforcement options in a special session.
Rutherford County commissioners directed county legal staff on March 13 to review a proposed resolution supporting a Central Tennessee Regional Solid Waste Planning Board effort to enforce a flow‑control rule that the regional board adopted to bar out‑of‑region solid‑waste disposal.
Donna Barrett, the county’s regional board representative, summarized a multi‑year series of actions: the regional board’s 2021 denial of a Middle Point Landfill expansion, litigation and an appeals process that Republic/ BFI pursued, and the regional board’s subsequent adoption of a flow‑control measure (effective Jan. 1, 2023) intended to limit acceptance of waste from outside the four‑county region. Barrett said the region had notified TDEC and requested enforcement, but that state action has been limited.
Her proposed county resolution would formally request that the Tennessee Department of Environment and Conservation (TDEC) notify Middle Point of unlawful activity, apply maximum civil penalties retroactively for each unlawful day, conduct an audit to quantify noncompliant disposals, and require removal or offset of unlawfully accepted out‑of‑region waste. Barrett said the maximum penalties available under statute would total roughly $3.6 million for the 23‑month period referenced in her presentation.
Several commissioners expressed legal caution. Commissioner Peay and others asked that the county’s environmental attorney review the host agreement and related contracts to assess potential legal and financial exposure before pressing for penalties or steps that could trigger counterclaims. Commissioner Dodd moved to send the issue to counsel for review and to schedule a specially called meeting to consider the item again with counsel present; the motion passed and the chair and attorney agreed to work on an appropriate schedule and publish required notice.
Barrett said she would present the same resolution to the regional board and hoped to coordinate county and regional support when bringing the matter to state lawmakers and TDEC. Commissioners agreed to confer with counsel rather than vote immediately on the requested enforcement actions.
