NEW: Bristol Virginia leaders offer settlement details to Bristol Tennessee landfill lawsuit
Bristol Virginia leaders on Friday issued a statement that offers a settlement to a federal lawsuit filed Thursday by their sister city Bristol Tennessee for damages and enforcement of state-sanctioned relief for the city landfill on Shakesville Road.
The report says Bristol Virginia will compensate the city $250,000 for legal fees associated with the landfill fight along with an agreement to cease accepting outside commercial waste once necessary adjustments are made at the site.
Bristol Virginia has also agreed to install a sidewall odor mitigation system at the landfill to curb odors that have filled the air in both cities for the past two years.
Here is the complete statement issued by Bristol, Virginia just after 12 noon Friday:
Bristol Virginia leaders on Friday issued a statement that offers a settlement to a federal lawsuit filed Thursday by their sister city Bristol Tennessee for damages and enforcement of state-sanctioned relief for the city landfill on Shakesville Road.
The report says Bristol Virginia will compensate the city $250,000 for legal fees associated with the landfill fight along with an agreement to cease accepting outside commercial waste once necessary adjustments are made at the site.
Bristol Virginia has also agreed to install a sidewall odor mitigation system at the landfill to curb odors that have filled the air in both cities for the past two years.
The City of Bristol, Tennessee is seeking the following relief in the Motion for a
Preliminary Injunction:
1. Install a sidewall odor mitigation system around the perimeter of Defendant’s
Bristol Integrated Solid Waste Management Facility located at 2125 Shakesville
Road, Bristol, Virginia, 24201(the “Landfill”);
2. Install and monitor a dedicated system of thermocouples in the waste mass to
monitor Landfill temperatures;
3. Cease accepting waste at the Landfill;
4. Provide adequate cover of the waste at the Landfill; and
5. Submit a report within sixty days detailing how the other recommendations of
the Expert Panel Report: Bristol Integrated Solid Waste Management Facility,
Bristol, Virginia, dated April 25, 2022, will be accomplished.
In an effort to limit unnecessary litigation, to minimize the financial exposure of legal
fees for the citizens of Bristol, Virginia and Bristol, Tennessee, and to ensure available financial
resources are expended to correct issues associated with the landfill, the City of Bristol, Virginia
is prepared to offer the following to fully settle the lawsuit filed on May 26, 2022:
1. The City of Bristol, Virginia will agree to temporary injunctive relief:
a. Bristol, VA agrees to be enjoined from violating the CAA and RCRA and
requiring Bristol, VA to comply with CAA and RCRA as soon as practicable,
including, but not limited to, implementing the recommendations set forth in the
Expert Report;
b. Bristol, VA will take all actions necessary to eliminate the odor created by the
Landfill, including, but not limited to, implementing the recommendations set
forth in the Expert Report;
c. Bristol, VA will cease accepting outside commercial waste after the Landfill is
contoured to maximize stormwater runoff retention in the southeast corner of the
Landfill as discussed in the Expert Panel Report;
d. Bristol, VA will develop a plan for the closure of the Landfill in accordance
with the Expert Panel report and publicly release the Plan within 120 days of
Bristol, TN agreeing to the terms of this proposed settlement agreement outlined
herein;
2. Bristol, VA will compensate Bristol, TN in the amount of $250,000 for its costs
incurred in this litigation, which include its reasonable attorneys’ and expert witness fees;
3. Install a sidewall odor mitigation system around the perimeter of Defendant’s
Bristol Integrated Solid Waste Management Facility located at 2125 Shakesville
Road, Bristol, Virginia, 24201(the “Landfill”), if it is determined to be successful based
on engineering standards after testing a sidewall odor mitigation system at the Landfill.
Funding from the state government, federal government or other granting agencies may
be necessary to accomplish this task, and Bristol, Virginia will aggressively seek outside
funding to install a sidewall odor mitigation system. Bristol, Tennessee agrees to
aggressively assist Bristol, Virginia in seeking outside funding opportunities;
4. Install and monitor a dedicated system of thermocouples in the waste mass to
monitor Landfill temperatures. Funding from the state government, federal government
or other granting agencies may be necessary to accomplish this task, and Bristol, Virginia
will aggressively seek outside funding to install thermocouples in the waste mass to
monitor Landfill temperatures. Bristol, Tennessee agrees to aggressively assist Bristol,
Virginia in seeking outside funding opportunities;
5. Cease accepting outside commercial waste at the Landfill after the Landfill is
contoured to maximize stormwater runoff retention in the southeast corner of the Landfill
as discussed in the Expert Panel Report;
6. Provide adequate cover of the waste at the Landfill; and
7. Submit a report within one-hundred twenty (120) days, from the signing of a
settlement agreement, detailing how the other recommendations of the Expert Panel
Report: Bristol Integrated Solid Waste Management Facility, Bristol, Virginia, dated
April 25, 2022, will be accomplished.
8. Bristol, Tennessee agrees Bristol, Virginia will have to identify funding sources to
accomplish many of the recommendations of the Expert Panel. Both entities acknowledge
the entire costs of these corrections cannot be borne solely by the citizens of the City of
Bristol, Virginia.
Bristol, Virginia is looking forward to resolving this litigation, as being in the best
interest of all the citizens, and moving forward as a united community in the future.
Anthony Farnum Randall C. Eads
Mayor City Manager/City Attorney
(IMAGE: Bristol Broadcasting Co News Archive)