After a lengthy discussion Monday on long-term environmental
liability at Poplar Springs Landfill, Loudon County
Commission said “no” to a Tennessee Department of
Environment and Conservation grant that would have provided
funds to help remediate the property.
The grant worth $68,000 included a required dollar-for-dollar match from the county’s Poplar Springs subfund account.
Commissioner Van Shaver argued that authority rests with
the Loudon County Solid Waste Disposal Commission, which
operates under a 1994 interlocal agreement between the
county, Lenoir City and the city of Loudon.
“Who’s approving spending the money from the solid waste
commission?” Shaver asked. “We can’t do that, but that’s
where we’re saying the match is going to come from —
(the) dollar-for-dollar match for this $68,000, so we’re
committing $68,000 of the solid waste commission’s
money, and I don’t know how we do that.
“… Even if we approve this grant, if this does fly, how
is it not their responsibility to vote on whether or not
they match it?” he added. “How can we vote to take their
money?”
Based on consultations with county attorney Bob Bowman,
the money belonged to the county and two cities,
Commissioner Bill Satterfield said.
“I heard what he said, but he’s just wrong,” Shaver
said. “It belongs to the solid waste commission, which
was transferred to them back in the 1990s. We have no
authority or control, nor do the cities have authority
or control.”
Commissioner David Meers suggested Loudon County Mayor
Rollen “Buddy” Bradshaw meet with Lenoir City Mayor Tony
Aikens and Loudon Mayor Jim Greenway to come up with a
system of accountability on how landfill grant money
should be spent.
Solid Waste Disposal Commission Chairman Steve Field
told the county board that invoices related to solid
waste are typically approved by the three mayors, routed
through the county finance office and he then approves
the expenditures.
“We can’t vote tonight to spend their money, but it’s
not our money to spend,” Shaver said. “It’s the solid
waste’s.”
A study conducted by TDEC in January 2015 found that
while Poplar Springs was free from any major
contamination related to polluted soil or groundwater,
the state did find leachate with eight volatile organics
in low concentrations. The 35-acre site was leased to an
entity called Hiwassee Land Company under its subsidiary
Bowater in 1979. The landfill property is currently
owned by Herb Newton under the name Loudon County Farms
LLC.
Bradshaw said earlier this year that remediation of the
property would cost an estimated $166,000. The county
would have been the financial agent on the TDEC grant.
“We can very well leave it alone,” Bradshaw said. “We
could absolutely leave it alone. Ten hours from now. Ten
days from now. Ten years from now (if) we have major
slide — if it’s 10 decades from now and there’s a major
slide — we’re on the hook.”
Commissioner Henry Cullen was supportive of moving
forward with the grant to mitigate potential
environmental concerns.
“The purpose of this grant is to fix something that’s
going on with the landfill right now and to protect the
best interests of the taxpayers of Loudon County, so why
wouldn’t we do it?” Cullen asked.
Bradshaw said the remediation project was a
“preventative measure” to satisfy any liability the
county could have in case of a future environmental
hazard from TDEC’s standpoint.
“If something happens it is recorded,” Bradshaw said.
“It is in the records that Loudon County, Lenoir City
and Loudon city went above and beyond what they had to
do to get this fixed, and any liability they (TDEC)
would testify against it’s recorded that we did what we
had to do above and beyond. They would help us in the
future.”
Satterfield was also supportive of accepting the grant.
“If something happens, and we’re in court, and they (TDEC)
say, ‘Well listen, you knew about this. The attorneys
told you about this, and you refused to do anything at
all’,” he said. “Whereas if we’re in court you all did
A, B, C and D and made your best effort to make sure all
these are taken care of. I think your outcome is better
(because we) at least made an attempt.”
Commissioner Earlena Maples and others expressed
concerns about the county paying for the remediation.
“The thing that kind of bothers me too is that it is
privately owned and that the owner knew it when he
bought the land what was there, so that is something
that bothers me too and taxpayers still being involved,”
Maples said. “If we can get sued we can get sued now or
later no matter what.”
The motion failed 5-5, with Maples, Shaver and
Commissioners Matthew Tinker, Harold Duff and Kelly
Littleton-Brewster voting against.
Bradshaw said in a follow-up interview that he and the
two mayors were still supportive of the remediation
plan, which came on a recommendation from Bowman.
Bradshaw said Patrick Flood, director of the solid waste
management division at TDEC, has volunteered to meet
with commission to provide more insight into the
county’s liability related to Poplar Springs. He was
optimistic the county will revisit the measure in the
future.
“I think it will be back up definitely,” Bradshaw said.
With no discussion, commission also voted to send a
letter to Field on negotiations between Santek and the
Solid Waste Disposal Commission to address a tipping fee
deficit for closure and post-closure care of Matlock
Bend Landfill on behalf the three mayors in Loudon
County and the two cities.
“We recognize the long-term relationship Santek has had
serving Loudon County and are quite concerned with the
apparent lack of willingness by Santek to negotiate what
would appear to be a minor rate adjustment back to the
LCSWDC to make up for an anticipated shortfall” in the
long-term care of the landfill, according to the letter.
The letter also said a small rate adjustment could be
“phased in over time” to make the fee more palatable.
The mayors expressed hope that Santek and the solid
waste panel can come to an agreement that “accommodates”
both parties.
“In conclusion, we do not support any long-term
extension of the existing agreement with Santek and
would encourage the LCSWDC and Santek to arrive at an
appropriate funding mechanism to address this revenue
shortfall in the near future,” according to the letter.
In other business, commission:
• Approved a transportation mobility plan that includes
widening and repaving work, realigning intersections,
renovating sidewalks and other maintenance projects
along Loudon County roads. Buttermilk Road, Martel Road,
Tellico Parkway, Highways 72 and 444 and Northshore
Drive are included in the plan for 2016-17 at a cost of
about $2.1 million, with a local share of $405,500. Road
Superintendent Eddie Simpson said the remainder of the
funds will come from state and federal allocations.
• Approved acceptance of a $25,000 grant for bulletproof
vests for Loudon County Sheriff’s Office, with a
dollar-for-dollar county match.
• Voted to rezone 7.63 acres along East Lee Highway from
C-2, general commercial district, to A-2, rural
residential district.