Dear Friend,
Last week, I joined other state legislators and the Secretary of Natural & Historic Resources at a meeting which included representatives from the Virginia Department of Environmental Quality (DEQ), the US Environmental Protection Agency (EPA), Chesterfield County, and trustees for the now-bankrupt Shoosmith Landfill. This meeting was the first “all team” meeting since I first learned of the severity of the situation in May. Today, I want to provide you with an update on that meeting and address a few of the more common questions I have received.
By way of quick review, Shoosmith Landfill declared bankruptcy in June 2025, and a federal bankruptcy court appointed trustees to oversee the site. Earlier this year, the trustees informed the court that existing assurance bonds and insurance policies would run out this fall. This brought the issue to the forefront, as state leaders began considering how to prevent a potential environmental crisis.
The key concern presently is the buildup of leachate. Were too much leachate to build up in the landfill, the pressure could burst through a berm and send trash, coal ash, and leachate into an adjacent neighborhood and into the waterway–eventually ending up in the Chesapeake Bay. Preventing that outcome is why state action is necessary.
So what is being done to prevent a disaster?
Presently, leachate is being removed from the landfill by truck. While this emergency approach is helping reduce immediate risk, it is not a long-term solution. In order to “get ahead” of the issue, we really need to construct a treatment facility on site. Waiting to construct this treatment facility is just kicking the can down the road.
State officials previously indicated that roughly $50 million would likely be needed over the biennium to construct the treatment facility, as well as continuing to truck the leachate off site during the construction phase. Unfortunately, the new state budget only included $10.6 million for the landfill. The majority of those funds will go toward the continued trucking of leachate, with additional dollars being targeted toward testing. It is estimated that this state funding will sustain operations through the end of the fiscal year. This means that the General Assembly will need to consider additional funding when we convene in January 2027.
One of the main points of discussion centered around transparency. I have pressed the state and the trustees to be open with testing to help reaffirm to the public that drinking water remains safe for all residents. Based on the information presented at the meeting, I do not believe there is an immediate danger to public health. At the same time, residents deserve access to the testing data so they can see the facts for themselves.
Moving forward, the Secretary of Natural & Historic Resources, along with other state agencies, is required to produce a report by October 5th setting forth a plan for Shoosmith. I will be following this process closely and advocating for a long term solution that protects our community.
Many of you have questioned why taxpayers should be on the hook for this rather than the landfill’s former operators. I agree. Unfortunately, that is not practical at this current juncture. While there are efforts to recover an estimated $40 million, that will not be enough to meet the $176 million in funding needed through 2056. Additionally, the legal process of recovering funds will take time. (This legal process is separate from the ongoing criminal investigation.) We cannot gamble against time waiting for some money to maybe be recovered while leachate continues to build up. Given the immediate risks, the Commonwealth cannot afford to wait while litigation plays out.
Finally, Chesterfield County is working alongside state partners to organize a public information session to ensure the free flow of information. A date/time has not yet been set, but I will share that information with you as soon as it is available. I hope you will attend.
This issue is not going away. We must work collaboratively in order to find a solution that protects residents and the environment. I am committed to keeping you informed as this situation progresses.
Sincerely,
Mike Cherry