Bristol VA Landfill
Bristol, TN Update on Landfill Matters
Feb. 7, 2022
Bristol, TN sent a Notice of Intent to Sue to Bristol, Virginia on December 8, 2021 for violations of the Clean Air Act and Resource Conservation and Recovery Act, as well as negligence and nuisance associated with the Bristol, Virginia landfill. We understand that many residents of both cities have questions about what comes next.
The Clean Air Act notice period is 60 days; the Resource Conservation and Recovery Act notice period is 90 days.
The 60-day notice period under the Clean Air Act will expire on February 8, 2022. The 90-day notice period required under the Resource Conservation and Recovery Act will expire on March 16, 2022.
Any decision by Bristol, Tennessee to proceed with legal action will be voted on by City Council at a public meeting. Agendas for all meetings are usually posted at least 3 days in advance. You are encouraged to regularly check our website at www.bristoltn.org in order to stay up to date on what will be discussed at upcoming City Council meetings.
In the meantime, Bristol, Tennessee has worked to gather as much information as it can related to the Bristol, Virginia landfill. Bristol, Tennessee sent a Freedom of Information Act request for documents to Bristol, Virginia on January 11, 2022. Through its outside counsel, Bristol, Virginia provided a partial response to that request on the evening of February 2, 2022. Bristol, VA also stated that it will provide an update on February 8 as to when it will provide the remaining documents, and at what cost. We look forward to receiving that update, as well as to hearing from Dr. Craig Benson when he speaks to Bristol, Virginia’s City Council on February 8. Further, we continue to engage in conversations with state and federal regulatory agencies.
Our hope is that Bristol, Virginia can provide a plan and timeline for addressing the issues at the landfill, and that Bristol, Tennessee will be provided the opportunity to weigh in on that plan, to ensure that the plan fully addresses the violations, protects the environment, resolves the nuisance conditions created by the landfill, and prevents further adverse impacts to Bristol, TN. Our preference would be for that to happen without the necessity for litigation. However, Bristol, Tennessee’s City Council is ensuring the resolution of this situation through whatever actions may be appropriate.
Public Health Assessment Information Session
Jan. 13, 2022
On Jan. 12, 2022, Laura Green, Ph.D., , presented the results of the public health assessment for airborne emissions from the Bristol, VA landfill. The presentation and Q&A may be viewed below.
*At approximately the 1:11:53 mark of this video, a question was asked about the volume of petroleum coming into the landfill. Dr. Crouch responded that, based on preliminary calculations, the amount stated was 3 grams a year. Dr. Crouch has had a chance to review those calculations and has determined that the answer given on January 12 was incorrect. The best estimate based on the information he has is that approximately 840 grams of benzene is making its way into the landfill each day.
This was calculated from the following assumptions: The average flow rates of leachate and gradient water are those given in the Bristol VA 2019 Request for Proposal for sale of the Bristol, Virginia landfill which were 43,030 gallons per day and 176,750 gallons per day respectively, and both combined flow to BVU as wastewater. The average benzene concentration is approximately 1 milligram/liter in the wastewater based on the BVU Compliance Results Violation Report illustrated here. The product of these two values gives 840 grams/day benzene.
For context, that corresponds to about 30 gals/day of gasoline, assuming 1% benzene by weight in gasoline, which would make gasoline about 0.01% of the flow.
Pollution/Situation Report from EPA regarding Bristol, VA Landfill
Update: Jan.7, 2022
The U.S. Environmental Protection Agency, Region III, has issued a pollution/situation report regarding the Bristol, VA Landfill. The report is for the period between Oct. 9 and Nov. 30, 2021. The report is available here.
Public Health Assessment for Airborne Emissions from the Bristol, VA Landfill
Update: Dec. 22, 2021
The results of the Public Health Assessment, prepared for the City of Bristol, TN by Green Toxicology, may be viewed here. The full air sampling report and laboratory results prepared by Trinity Consultants may be viewed here.
The City of Bristol, Tennessee will host an information session where the findings of this report will be detailed and members of the public will be able to ask questions. This session will take place on Wednesday, Jan. 12 at 6:00 PM at the Slater Community Center at 325 McDowell St.
In light of ongoing pandemic conditions, Laura Green, Ph.D., president and senior toxicologist for Green Toxicology LLC, will deliver the presentation via live video conference, though attendees will still be able to ask questions directly. Green holds a Bachelor of Arts with honors from the department of chemistry at Wellesley College and a Ph.D. from the Massachusetts Institute of Technology. She is certified by the American Board of Toxicology.
Socially distanced seating will be available in the Slater Center gymnasium with additional overflow seating in the auditorium. The session will also be live streamed on the city’s YouTube channel and on BTN-TV (BTES channel 16) with an opportunity for questions to be submitted electronically during the meeting.
Bristol, TN City Council takes additional actions related to Bristol, VA landfill
Dec. 7, 2021
At their business meeting on Tuesday, Dec. 7, the Bristol Tennessee City Council approved a resolution authorizing outside counsel to take steps to commence legal action against Bristol, Virginia relating to compliance issues associated with its landfill. The resolution directs the law firm of Troutman Pepper Hamilton Sanders, LLP to prepare a Notice of Intent to Sue and serve it on the city of Bristol, Virginia. This move comes in response to the continued adverse impacts on the quality of life of residents due to odors emanating from the Bristol, Virginia landfill.
City Council was advised that in order to pursue legal action related to the landfill under the Clean Air Act, a Notice of Intent to Sue must be served on Bristol, Virginia at least 60 days before filing suit. This Notice does not obligate the city of Bristol, Tennessee to pursue legal action, nor does it prevent the city from working with Bristol, Virginia to resolve landfill-related problems in a non-judicial setting, but simply serves to protect the city’s interests and preserve its legal rights. If Bristol, Tennessee does pursue legal action, it would be aimed at resolving the continuing issues posed by the Bristol, Virginia landfill for the benefit of the city as a whole. The city is unable to seek damages on behalf of individual residents.
In other action taken by City Council, an amended appropriation agreement with United Way of Bristol TN/VA was approved authorizing up to $30,000 in additional funds to support the city’s air purifier assistance program. This total includes the $10,000 previously committed by City Council for this program when it was announced in November. These funds will be used by United Way to provide income-qualified residents of Bristol, Tennessee with in-home air purification units that may help alleviate the effects of landfill emissions in their homes. To date, United Way has received a total of 628 applications for assistance through the program. Units have been distributed to 59 individuals who have completed the qualification process, with an additional 51 applicants recently approved for pickup. Eligible residents may complete the program application online at unitedwaybristol.org.
Answers to a number of frequently asked questions regarding the Bristol, Virginia landfill will be posted here.
What steps are being taken to mitigate the gases and odors coming from the Bristol, VA landfill?
According to updates released by the City of Bristol, Virginia, 21 new gas wells have been installed at the landfill. These wells are anticipated to be connected to the gas collection system by mid to late December 2021. Additional mitigation efforts are expected to follow.
The City of Bristol, Virginia posts landfill-related updates on their website here.
Where can I find the report from the EPA's previous air monitoring?
The US Environmental Protection Agency (EPA) in conjunction with the Virginia Department of Environmental Quality (VDEQ) conducted air monitoring activities in Bristol from June 9 - July 22, 2021. A report summarizing these activities and analytical results may be found here.
The EPA also conducted additional air monitoring from October 19 - 28, 2021. For all monitoring activities, EPA has stated that they will provide the data collected to the Agency for Toxic Substances and Disease Registry (ATSDR) to assist in evaluating if the odors contain hazardous substances and if they pose a risk to human health.
Is there potential for my drinking water to be contaminated by the landfill?
The source of the City of Bristol, Tennessee’s drinking water is the South Holston River approximately 1.3 miles below the South Holston Dam. The river water is pumped to the Bristol, Tennessee Water Filtration Plant where contaminants are removed from the water and it is disinfected prior to distribution to the City’s 13,000 water customers. Utility Division staff collect water samples at various points in the filtration process and throughout the water distribution system. Water samples are analyzed for potential contaminants including bacteria, heavy metals, and organic compounds. Drinking water consistently meets or exceeds all health standards of the Environmental Protection Agency (EPA) and Tennessee Department of Environment and Conservation (TDEC). Water is distributed to customers through a series of reservoirs, pump stations, pipes, and service lines. The lines are pressurized to serve customers and provide fire protection. Contamination from groundwater is highly unlikely since the lines are pressurized.
For anyone who is not a customer of Bristol, Tennessee's water system, please contact your water utility for any questions or concerns related to the safety of your drinking water.
Is there potential for the sanitary sewer system to contain gas and other contaminants from the Bristol, VA landfill?
Leachate from the Bristol, Virginia landfill is discharged to the sanitary sewer collection system owned and operated by Bristol Virginia Utilities Authority (BVU). The leachate mixes with other sources of sewage in BVU’s sewer collection system and ultimately discharges to the City of Bristol, Tennessee’s system, traveling southwest toward the wastewater treatment facility. The landfill is not directly connected to the City of Bristol, Tennessee’s sewer collection system.
The sewage diluted with the leachate does not flow through the areas of Bristol, Tennessee that have been heavily impacted by landfill gas odors, particularly the Fairmount, King University, and Forest Hills neighborhoods. While sanitary sewer systems can naturally contain gases that result from biological processes occurring in wastewater, it is highly unlikely the odors from the landfill being experienced by the citizens are originating from the Bristol, Tennessee collection system.
The impact of the landfill emissions may be affecting my mental health. What resources are available?
According to the Agency for Toxic Substances and Disease Registry (ATSDR), environmental concerns in your community can disrupt daily life, resulting in significant stress. This ongoing stress can lead to mental and physical health effects.
They have provided this fact sheet to share ways to help cope with the stress that environmental contamination can cause. Most importantly, if you or your loved ones begin to feel overwhelmed as a result of this stress, please seek help from:
- Your doctor
- A religious or spiritual leader
- A local mental health provider
If you are in need of someone to lean on for immediate emotional support, no matter what problems you’re dealing with, the Lifeline network is available for everyone. It's free and confidential. Call the Lifeline anytime, 24/7 at 1-800-273-8255.
Partners for Stronger Communities, formerly known as Bristol Crisis Center, is a participant in the National Suicide Prevention Lifeline.
Details regarding programs that may be able to provide relief to Bristol, Tennessee residents impacted by gas odors from the Bristol, Virginia landfill will be posted here.
Air Purifier Assistance Program
The City of Bristol, Tennessee has allocated funds to the non-profit United Way of Bristol, TN/VA to provide a select model of air purifier at no cost to City households that meet certain low-and-moderate income eligibility criteria.
According to manufacturer specifications, the purifier contains a five-speed adjustable fan along with an H13 HEPA filter, an activated carbon filter, as well as a UV light and photocatalytic filter designed to remove volatile organic compounds. Each unit is approximately 13 inches tall, weighs about four pounds and can cover an area of up to about 1,000 square feet.
Households interested in the program can complete the online air purifier assistance program application at unitedwaybristol.org. A United Way representative will contact applicants for additional eligibility documentation, and those approved will receive information about when and where the unit can be picked up.
For additional information or questions regarding eligibility criteria, please contact United Way of Bristol, TN/VA at (423) 968-4912 or visit unitedwaybristol.org.
This program has been adopted in response to requests from citizens for products that may relieve symptoms that residents say they are experiencing. In adopting this program, the City of Bristol, Tennessee is not endorsing any particular brand, make, model or type of air purifier, or guaranteeing that use of this air purifier will alleviate any symptoms. Neither the City nor the United Way of Bristol, TN/VA is providing any warranty with respect to the air purifiers being provided.
CDBG Emergency Home Repair Program
The City can currently assist homeowners who meet eligibility criteria, including federal income limits, with HVAC system or other upgrades through the City’s existing Community Development Block Grant (CDBG) Emergency Repair Program.
For full eligibility requirements and program contact information, please visit the CDBG page here.