CHESTERFIELD COUNTY, Va. — The Virginia Department of Environmental Quality confirmed Wednesday it is working with the Office of the Attorney General as investigators look into the actions of the owners of the Shoosmith landfill.
DEQ's head of communications told CBS 6 investigative reporter Melissa Hipolit that it is a violation of state law for any person to knowingly and willfully abandon a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure. Any person who fails to do so, and whose failure results in harm or an imminent and substantial threat of harm to human health or the environment, has committed a criminal offense.
According to court records filed by attorneys representing the DEQ, the owners of VWS Holdco and Shoosmith Brothers Inc. — Fred Nichols and Larry McGee, referred to as the "insiders" — "pocketed millions of dollars" "rather than investing in the necessary infrastructure and remediation efforts that were required to comply with applicable law."
In court filings, their lawyer said the directors and officers denied allegations they breached fiduciary duties, writing "there is no proof or evidence of anything."
A bankruptcy trustee previously called the Shoosmith landfill a potential environmental catastrophe. According to a February notice of violation from the DEQ, dark liquid with the appearance of leachate was observed discharging from the landfill in December into nearby waterways, along with outfalls of suspended solids, ammonia, and zinc that exceeded legal limits. Leachate is a liquid that results from the decomposition process and can be toxic.
After CBS 6's initial reporting, the General Assembly allocated $10.6 million to assist with ongoing environmental issues at Shoosmith. That falls far short of the $172 million an engineering group said would be needed over 30 years.
CBS 6 emailed the owners' lawyer and the attorney general's office and am waiting to hear back from both.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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