Solid Waste Enforcement: Mississippi Commission on Environmental Quality and Ridgeland Landfill Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and BFI Waste Systems of Mississippi, LLC (“BFI”) entered into a January 12th Agreed Order (“AO”) addressing alleged violations of a solid waste permit. See Order No. 7653 26.

The AO provides that BFI operates a landfill in Ridgeland, Mississippi.

The landfill operates pursuant to a Solid Waste Management Permit (“Permit”).

BFI is stated to have been notified of the following alleged violations at the landfill:

• Failure to take all reasonable steps to minimize, prevent, and correct adverse impacts on human health and the environment.
• Failure to cover waste with at least 6 inches of earthen material before the close of daily operations.
• Failure to properly repair ponding and leachate outbreaks.
• Failure to collect contaminated surface water and leachate that flowed off the facility's property and dispose of it as leachate.
• Discharge of wastewater from the facility to waters of the State of Mississippi.
• Failure to sufficiently contain odorous emissions from the facility.
• Failure to fully implement the Gas Collection and Control System Compliance Plan.
• Discharge of stormwater from a sedimentation pond associated with a construction borrow pit without coverage under an appropriate stormwater permit.
• Violation of the Total Ammonia Nitrogen Daily Maximum discharge limitation.
• Violation of the Biochemical Oxygen Demand discharge limitations.

BFI has asserted that corrective actions were taken to address certain alleged violations which the Mississippi Department of Environmental Quality verified. Further, BFI is stated to have submitted an application to modify its National Pollutant Discharge Elimination System Permit to include the unpermitted borrow pit. In addition, a Stormwater Pollution Prevention Plan has been updated to address the borrow pit.

BFI is also stated to have demonstrated compliance with the discharge limits required by its Pretreatment Permit since the March Monitoring Period in 2023. A plan was submitted to install a permanent cap over a 20-acre portion of the landfill and to enhance the landfill 's existing Gas Collection and Control System infrastructure.

A civil penalty of $250,000 is assessed. However, $200,000 will be utilized as a Supplemental Environmental Project pursuant to a contribution to the Mississippi Diesel School Bus Replacement Program.

The AO also prescribes a schedule for certain corrective actions.

A copy of the AO can be found here.