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Bankrupt Virginia landfill poses potential environmental catastrophe: 'Who's going to pay for it?'

Bankrupt Virginia landfill poses potential environmental catastrophe: 'Who's going to pay for it?'
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CHESTERFIELD COUNTY, Va. — A bankrupt private landfill in Chesterfield County is generating tens of thousands of gallons of toxic liquid daily. Now experts and residents fear a major environmental disaster could be looming.

The Shoosmith Landfill, located off Ironbridge Road in Chesterfield County, generates approximately 65,000 gallons of leachate daily.

That liquid must be constantly collected and hauled to a treatment facility to prevent it from leaking into nearby creeks that feed into the James River and ultimately the Chesapeake Bay.

"[Leachate is] literally the liquid that results from the decomposition process and what is in it is going to depend on what has been dumped in the landfill over a number of years," Jamie Brunkow, with the James River Association, said.

According to a February Notice of Violation from the Virginia Department of Environmental Quality, dark liquid with the appearance of leachate was observed discharging from the landfill in December into a conveyance leading to Swift Creek and Piney Branch, along with outfalls of suspended solids, ammonia, and zinc that exceeded legal limits.

"We've got recreation public use here, we've got drinking water use in this part of the river, so it's really concerning how much leachate is getting into the water," Brunkow said.

The owners of the landfill — VWS Holdco and Shoosmith Bros Inc — filed for Chapter 7 bankruptcy in July 2025.

The court appointed Lynn Tavenner as bankruptcy trustee.

In filings, Tavenner wrote that "extensive challenges at the landfill literally keep" her "awake most nights."

She says those challenges include years of extreme financial neglect amplified by weather events that damaged power stations, pumps, and lines.

Tavenner called the situation a potential "environmental catastrophe."

An engineering group engaged by the trustee estimated closure, corrective actions, and post-closure care would cost more than $172 million over 30 years.

Available bond funds total just over $19 million — woefully insufficient, according to Tavenner.

Now, the bankruptcy trustee is seeking the ability to abandon the landfill if funding dries up.

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."

The records also state "the bankruptcy case appeared to be a rouse for the insiders to avoid their liability for the environmental catastrophe they had created."

Chesterfield County's lawyers said in one filing that "the insiders may have criminal liability under Virginia law for abandoning the landfill without proper closure or adequate financial assurance instruments for such closure."

In court filings, the owners' attorney, Christopher Jones, said the directors and officers denied allegations they breached fiduciary duties, writing "there is no proof or evidence of anything."

CBS 6 reached out to Jones but have not heard back.

Landon Edwards, a Chesterfield County resident and member of Chesterfield Citizens for Responsible Government, brought the issue to the public's attention in early May when he posted about the landfill on Reddit.

Edwards said he sympathizes with the trustee's difficult position.

"She's being tasked by the court with overseeing the cessation of operations for VWS Holco, knowing that once those operations cease, environmental damage and possibly catastrophe is just a matter of time," Edwards said.

Fellow Chesterfield resident and citizens group member Bob Olsen worries taxpayers could be left footing the bill.

"Who's going to pay for it?" Olsen said. "It all seems to be a plan. Have planned all along, and the citizens are left holding bag."

Edwards raised similar concerns about the environmental and legal complexity of the situation.

"When you're talking about running a landfill, which has environmental implications for years and years, well after any operations of the landfill cease, that calls into question a whole myriad of environmental concerns," Edwards said.

Brunkow called on government leaders to act immediately.

"This is a source of drinking water for a much bigger region," Brunkow said. "We need to call on our local government leaders, or state elected officials, and the General Assembly to be leaders to step up and find the resources that are needed to address this emergency right now because we don't have time to wait and see what happens."

On its website, Chesterfield County said the state government is considering taking over management of the Shoosmith Landfill, and the state is seeking funds to construct an onsite leachate treatment facility.

This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.

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