Former Shoosmith landfill owners indicted after years of environmental violations, listed as fugitives

CHESTERFIELD COUNTY, Va. -- The former owners of Chesterfield County's Shoosmith landfill — described by a bankruptcy trustee as a "potential environmental catastrophe" — have been indicted by a grand jury on felony charges and are listed as fugitives in the Virginia court system.

Fred Gerald Nichols and Paul Lawrence McGee, both listed as living in Texas, have each been indicted on a Class 4 felony charge of unlawfully abandoning a waste facility, along with two misdemeanor charges of willfully violating Virginia's Water Control Act. A capias has been issued for their arrest.

The corporate entity Shoosmith Bros. Inc. also faces the same three charges, with a hearing scheduled for Oct. 21, 2026.

In a court filing earlier this year, lawyers for DEQ stated that Nichols and McGee pocketed millions of dollars instead of investing in necessary infrastructure and remediation efforts, including 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.

The indictments come after years of documented environmental violations at the landfill, including toxic liquid discharging into Swift Creek and repeated leachate seeps that state regulators photographed seeping to the surface of the landfill.

RECENT COVERAGE: Records: Landfill leaked waste into Swift Creek years before bankruptcy

Virginia's Department of Environmental Quality first found landfill gas condensate discharging into Swift Creek as far back as June 2021. DEQ staff collected samples from the receiving stream 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 unacceptable.

"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 Creek is used by the public for recreation and that drinking water is drawn from that part of the river.

DEQ also documented repeated leachate seeps at the landfill in November 2021 and in June and July of 2022. Engineers say Shoosmith is an elevated temperature landfill, which produces more leachate — a potentially toxic liquid that results from decomposing trash.

Barlaz said the leaks are not typical of a well-run operation.

"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.

IN-DEPTH COVERAGE: Bankrupt Chesterfield landfill faces new setback as city cuts off leachate processor

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

But in November 2024, DEQ issued another notice of violation after identifying more leachate seeps and releases. Then in February of this year, DEQ issued yet another notice of violation, stating dark liquid with the appearance of leachate was observed discharging into a conveyance leading to Swift Creek and Piney Branch.

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.

Brunkow said the situation warrants a strong public response.

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

Shoosmith stopped accepting waste in February 2025 and filed for Chapter 7 bankruptcy five months later. DEQ Director Mike Rolband told the Chesterfield Board of Supervisors that the agency is now pushing for stronger regulations that would require financial assurances so that owners are not incentivized to abandon their responsibilities.

Barlaz said the case 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.

In a statement, DEQ said its inspection and compliance activities at the facility were appropriate and consistent with standard practice, adding that it was actively pursuing compliance issues, including requesting updated financial assurance documentation, when the owners filed for bankruptcy.

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