The Honorable Sharon Bulova
Fairfax County Board of Supervisors
12000 Government Center Pkwy., Suite 530
Fairfax, VA 22035

Dear Sharon:

I enclose herein an editorial from the Lexington, KY Herald-Leader dated August 10, 2015, in which the editors call for the closure of the ESI landfill in Ashland, KY for the company’s failure to repair the landslide which occurred in 2013.

While the management of a Municipal Solid Waste (MSW) Landfill in Kentucky would seem to be unrelated to the ESI debris landfill in Lorton, it does have implications for Fairfax County. The Kentucky landfill is the other major revenue stream for ESI. If ESI loses its permit in Kentucky, it may put the company at risk, which means that the orderly closure of the Lorton Landfill could also be at risk. So I ask that you direct the County staff overseeing the landfill be extra vigilant in the coming years to make sure that the landfill does not defer slope construction and maintenance, methane collection, and proffer fulfillment as it progresses towards closure.

Last year, the landfill took in over 1,350,000 tons of CDD waste and petroleum contaminated soils. Based on an average of $42.00 per ton, which is the estimate of the average tipping fee by the Solid Waste Division of DPWES, this landfill had a 2014 revenue stream as large as $56.7 MM or more than $4,700,000 per month. There are no restrictions on Furnace Associates, Inc. which would prevent the company from moving cash to the parent company and beyond the reach of State and local government. It is imperative that the County makes sure that the proffered improvements and E&S improvements are thoroughly covered by surety bonds. The County must secure its interests in the closure of this landfill while the money is still flowing into the company.

At the end of the public hearings last summer, I was fairly certain that ESI would be sold to another waste company by its New York investors. I strongly suspect that the difficulties at the Kentucky landfill were a major obstacle to such a transaction. Fairfax County and the Commonwealth should take this as a warning of events that may unfold with the Lorton Landfill.

Sincerely yours,
Bill Lynch