Page County's landfill has reopened,
but trash trucks are rarely seen on Route 211

by Don Audette

Fall 2006 update: In the past, many trucks used Route 211 to haul trash to the Battle Creek Landfill (BCLF) in Page County, but it is rare to see one now. The reason? A few years ago, Virginia's Department of Environmental Quality cited the landfill with 171 alleged violations of its permit. Most egregious was taking in up to 1,500 tons of trash per day, much from out-of-state, on a permit that only allows 250 tons per day. Page County settled with the landfill's contractor, took over the landfill, and brought it up to DEQ specifications.

According to Henry Mikus, Page County Director of Public Works, BCLF now expects to be "a moderate-sized regional landfill that would service Page County and neighboring local governments to provide for their refuse disposal needs." A permit amendment is being reviewed by DEQ to increase the permit limit to 350 tons per day, which would allow Page County to break even on all of its solid-waste activities.

It is unlikely that trash trucks from the eastern side of the Blue Ridge will haul trash over the mountain to the Battle Creek Landfill. Distances are long; trash trucks get about nine miles per gallon; and other landfills are closer. According to John McCarthy, Rappahannock County Administrator, Rappahannock County has no plans to use the BCLF. Negotiations are underway to have the county's trash hauled to Culpeper County's transfer station along Route 522 west of the Town of Culpeper. What about the trash generated by the development at Clevenger's Corner? Paul Howard, Director of Environmental Services in Culpeper County, notes that this trash will also be taken to Culpeper County's transfer station. From there, all trash is taken to a private landfill near Richmond. Since the BCLF issue is unlikely to affect Rappahannock County in the near future, we will drop it from our updates for now but will continue to monitor the situation.

On a related issue, the DEQ's report Solid Waste Managed in Virginia During Calendar Year 2005 noted a 10-percent drop in out-of-state waste brought into Virginia, down to 7 million tons, with most of it coming from Maryland; New York; Washington, D.C.; North Carolina; and New Jersey. In-state solid waste also dropped by 10 percent, down to 17.5 million tons. Rappahannock County's Landfill in Amissville took in 6,204 tons of trash in 2005.

Summer 2006 update: According to the Page News & Courier, the Page County Board of Supervisors voted in April to increase the life span of the Battle Creek Landfill by 20 years. This would be done by burying waste about 24 feet, on average, above the groundwater table in the remaining 51 acres of the landfill. In addition, waste could be piled up to a maximum of a quarter of a mile high above ground there. The BOS is planning to ask the Virginia Department of Environmental Quality to adjust the landfill design to allow this.

On another front, the $13 million loan from the U.S. Department of Agriculture last year to pay off Capital Source Finance of Maryland to get control of the landfill and to make DEQ compliance improvements is now a bone of contention. Some Page County citizens say the loan will not be paid off for 40 years, 20 years after the new landfill is full if DEQ approves the requested design changes. They are also concerned about the landfill liner and the possibility of leakage into the groundwater.

February 2006 update: Currently, it is rare to see a trash truck on Rt. 211 heading for Page County's Battle Creek Landfill, which reopened last September under Page County control. This might change, possibly by July, if the Virginia Department of Environmental Quality (DEQ) approves amendments the Page County Board of Supervisors has requested to its permit. According to the Page News and Courier, the amendments will sanction design changes to the landfill and could raise the limit of trash taken in from 250 tons per day to a limit of 750 tons per day. While the board is looking toward a goal of 500 tons per day, the landfill was built to handle 750 tons per day, which was not in compliance with the original permit, and the board would like the permit to match the capacity. Currently, about 100 tons per day are being processed.

Status as of late May 2005: After a legal settlement of $8.53 million to Capital Source Finance, Inc. (the creditor of the bankrupt private company of National Waste Services of Virginia), Page County has finally obtained the right to run its Battle Creek Landfill. The county is sinking a further $4.5 million into bringing the landfill up to Virginia's Department of Environmental Quality standards in accordance with Virginia's Solid Waste Management Act. The county would like to open the landfill for business in July but needs to float a bond issue for $13 million to cover the aforementioned and other start-up costs. If it comes up with the money, the county must then seek bids from private contractors for certain large-scale work to be done. When the landfill opens, it can take in only 250 tons of trash a day. Page County's residents and businesses generate about 80–100 tons per day. With increased gas prices, the county might have trouble finding trash close by beyond its borders to make the landfill profitable.

Status as of January 2004: A new Page County Board of Supervisors started to crack down on the contractor operating the landfill, National Waste Services of Virginia. Weighing scales were to be in operation only from 6:00 a.m. to 5:00 p.m.; new locks were put on the gates; NWS was cited as having 35 operating violations; and the Board of Supervisors was threatening to terminate the contract between Page County and NWS.

In February, the use of new hauling decals went into effect. It was discovered last fall that NWS had 67 decals, but only 3 or 4 trucks. Non-NWS trash trucks were showing up with decals, but their companies had no permits. It was unknown where the trash was coming from or whether the trucks met safety standards.

The main problem, though, was DEQ's saying Page County was exceeding its trash permit limit of 250 tons per day. NWS was bringing in 1,400 tons per day. The county had negotiated a contract with NWS in December 2001 for up to 1,500 tons per day.

On March 4, NWS filed for bankruptcy, which prevented Page County from terminating its contract with NWS. Then DEQ shut down the landfill. Major violations cited were as follows:

• The landfill was accepting up to 1,400 tons of trash per day.
• Page County was unable to manage the excessive amount of trash.
• Waste was not covered at the end of the business day.
• There was litter and blowing waste, improper handling of special waste, failure to replace out-of-service landfill gas monitoring wells, and other violations.

Virginia Attorney General Jerry Kilgore said about the decision to shut down Battle Creek Landfill, "We have common-sense environmental rules for a reason, and this ruling says that if you exceed the limits the Commonwealth sets, there will be consequences."

State officials say that the Battle Creek Landfill in Page County was responsible for
25 percent of the increase in out-of-state trash last year. The Virginia Center for Stewardship (www.sustainableusa.org) quoted DEQ director Robert Burnley as
saying, "Page County is the only landfill in Virginia that does not recognize the tonnage limit in their permit."

With the landfill shut, trash trucks were turned away, NWS workers were upset, and Page County’s own trash had no place to go. Arrangements were made to have such trash transported for incineration in Harrisonburg's Waste Energy Steam Plant or transported to the Old Dominion Landfill in Richmond. Page County was footing the bill for this move. The loss of income from the Battle Creek Landfill combined with the money required to haul Page County's trash elsewhere could cost Page County up to $1.8 million a year. To cover such a loss, each Page County household is expected to pay a trash tax of $8 per month, effective July 1, 2004.

Page County citizens are upset, as 75 percent of their Board of Supervisors' meetings since the beginning of the year have excluded the public. The closed sessions have dealt mainly with the Battle Creek Landfill situation and a search for a replacement landfill operator.

The latest move is to reopen the Battle Creek Landfill. Page County's Board of Supervisors is working with NWS to find a third party to take
over the management of the landfill by buying
NWS stock. Republic Services, Inc.—through a subsidiary, AAA Disposal of Fairfax, Virginia (which is currently hauling away 120 tons per day of Page's own trash)—has expressed interest in a long-term contract with Page County.

As the Battle Creek Landfill controversy drones on, it again has taken its toll in Page County. Besides an entirely new Board of Supervisors voted in last fall, the county has now gone through three county administrators in the past year and a half.