Records show Chesterfield's Shoosmith landfill leaked waste into Swift Creek years before bankruptcy

CHESTERFIELD COUNTY, Va. — Virginia's Department of Environmental Quality found landfill gas condensate discharging into Swift Creek near Chesterfield's Shoosmith landfill in June 21, 2021, according to DEQ enforcement action records.

That was five years before a bankruptcy trustee called the site a "potential environmental catastrophe."

DEQ staff collected samples from a receiving stream in June of 2021 and found elevated levels of BOD-5 and ammonia, which can indicate the presence of pollutants and landfill wastewater.

Dr. Morton Barlaz, a professor in the Department of Civil, Construction, and Environmental Engineering at North Carolina State University who has researched solid waste for more than four decades, said the discharge was a “no-no."

"Chemical concentrations in condensate are much higher than leachate. So discharging it to a creek — again, it's a no-no," Barlaz said.

When asked whether potentially toxic elements got into the creek, Barlaz said DEQ's own findings pointed to that conclusion.

"According to DEQ they did. They didn't analyze for toxic elements, but they observed a discharge and they observed an impact. So yes," Barlaz said.

Jamie Brunkow of the James River Association said Swift Ceek is utilized by the public for recreation and "we've got drinking water use in this part of the river."

DEQ also noted repeated leachate seeps at the landfill — in November of 2021 and in June and July of 2022. As CBS 6 has previously reported, engineers say Shoosmith is an elevated temperature landfill, which means it produces more leachate, a potentially toxic liquid that results from decomposing trash. DEQ staff photographed the leachate seeping to the surface of the landfill.

Barlaz said leaks like these are not typical of a well-run landfill.

"No, no. You know, I haven't been to the landfill. I haven't spoken to the operator. I don't know what's driving these leaks, but they're very problematic. And at a well-run landfill, if they had a discharge to surface water, they would jump pretty high, pretty fast to fix it," Barlaz said.

DEQ entered into a consent order with Shoosmith in February of 2023, which required the landfill to complete a schedule of compliance and pay the state $62,300. According to an audit conducted by DEQ in October of that year, Shoosmith satisfied all requirements in the schedule of compliance, and the consent order was closed.

But one year later, in November of 2024, DEQ issued another notice of violation after identifying more leachate seeps and releases.

In a court filing earlier this year, lawyers for DEQ stated that the owners of the landfill — Fred Nichols and Larry McGee — pocketed millions of dollars instead of investing in necessary infrastructure and remediation efforts. The state said those funds should have been used to build a pre-treatment plant for the leachate.

Chesterfield County Supervisor Jim Ingle said the owners bear responsibility.

"The people that caused the problem were the owners of the dump. They clearly, in my opinion, committed some acts that I believe they should be prosecuted for," Ingle said.

Brunkow said the situation warrants a strong reaction from the public.

"This is definitely where outrage is a warranted response," Brunkow said.

Shoosmith stopped accepting waste in February of 2025, according to DEQ, and filed for Chapter 7 bankruptcy five months later.

Barlaz said the situation raises broader questions about Virginia's regulatory framework.

"There are rules that you have to have a certain amount of money put away to take care of your landfill, and the real story on this landfill is: Did Virginia's financial assurance regulations work?" Barlaz said.

Then, in February of this year, DEQ issued another notice of violation to the landfill, stating dark liquid with the appearance of leachate was observed discharging into a conveyance leading to Swift Creek and Piney Branch. But DEQ Director Mike Rolband later told reporters his staff questions that finding.

"There's a difference of opinion on what that inspection report says. As far as we know, it does not say that. That's been our staff's interpretation," Rolband said.

Chesterfield resident Bob Olsen, a member of Chesterfield Citizens for Responsible Government, said he believes DEQ's oversight fell short.

"In the massive million dollar operation they probably just considered this as the cost of operating a dump, but what it led to was complacency with so many different levels of government. We expect our government to protect us," Olsen said.

Rolband acknowledged “the systems currently are set up for people to be good people that want to do the right thing and follow the rules. It didn't. It didn't happen," Rolband said after a Chesterfield board meeting.

CBS 6 has requested an interview with the DEQ director and Virginia's Secretary of Natural and Historic Resources, but instead the department sent a statement that reads, in part:

"DEQ's inspection and compliance activities concerning this facility were appropriate for the landfill's operational status and consistent with DEQ's standard practice. Where non compliance is identified, DEQ works to return facilities to compliance, and initiates appropriate enforcement actions in cases of repeat or significant violations. DEQ was actively pursuing compliance issues at this landfill, including requesting updated financial assurance documentation for closure and post closure care, when the owners filed for bankruptcy."

Rolband told the Chesterfield Board of Supervisors that DEQ is now pushing for more powerful regulations that would require financial assurances so that owners are not incentivized to run.

This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.