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Chesapeake homes built atop an illegal dump

Plastic covers a swimming pool excavation site on Wednesday where contractors Tuesday uncovered 20 large barrels of unknown chemicals. The house is in Wingfield Pointe in Chesapeake.
Plastic covers a swimming pool excavation site on Wednesday where contractors Tuesday uncovered 20 large barrels of unknown chemicals. The house is in Wingfield Pointe in Chesapeake. BILL TIERNAN/THE VIRGINIAN-PILOT VIA SKY13

By SCOTT HARPER AND CINDY CLAYTON, The Virginian-Pilot
© January 13, 2005 | Last updated 8:09 PM Jan. 13


CHESAPEAKE — The Deep Creek neighborhood where barrels of chemical wastes were discovered by accident Tuesday was built in part atop an illegal dump, which the city of Chesapeake apparently operated years ago, according to city and state records.

The existence of an old, unpermitted landfill at Wingfield Pointe, a 75-home subdivision developed in the early 1990s, was well-known by local officials and state regulators at the time – and was one reason why the Chesapeake Planning Commission initially rejected the residential project in 1987 .

When the commission finally allowed the development to go forward, in 1988 , members insisted that incoming homeowners be given a “buyers awareness package” to explain the history of the site – an unregulated dump in the 1960s and ’70s , also used in the ’70s as a licensed disposal site for mucky wastes dredged from the bottom of the Elizabeth River.

But in interviews with five residents Wednesday, as they watched investigators examine a dirt hole on Bluewing Lane where the metal drums were unearthed by a swimming pool contractor, none could recall ever receiving such information.

The Virginia Department of Environmental Quality said Wednesday that it will conduct a full site investigation, and likely will ask the federal government to help. The assessment, which could include some sample digging, will attempt to answer some key questions: What are the boundaries of the former landfill, what was dumped there, and do more chemical drums exist in Wingfield Pointe, located just south of Interstate 64 on the Intracoastal Waterway?

“Our main concern right now is, are there more drums out there?” said Frank Daniel , regional administrator of the state environmental department.

Investigators still do not know what substance, or mix of substances, are inside an estimated 20 to 30 barrels. City firefighters donned protective “moon suits” on Wednesday, eased into the hole and took samples.

The drums were found Tuesday afternoon when the pool contractor began digging a hole in the back yard of a recently purchased home in the 2300 block of Bluewing Lane . One drum was pierced by a backhoe, and the contractor immediately called 911.

The spilled material smelled like paint solvent, said Capt. Steve Johnson , a Chesapeake fire department spokesman, who described its chemical composition as acidic and petroleum-based. No one was injured, though the department told neighbors briefly Tuesday to stay indoors and turn off their furnaces.

Most residents said Wednesday that they know they live on or near an old dump, if only by word of mouth from their neighbors. Many seemed at ease with that knowledge, saying their wooded community, where houses are valued at between $250,000 and $500,000, is a safe, comfortable and nice place to call home.

At least two residents, though, said they knew nothing about the former landfill and were stunned to hear about Tuesday’s events.

One longtime resident, Howard Malloy , said he only found out about the landfill when he questioned his builder about the need to construct his house on pilings.

“I don’t know how large a dump site it was,” Malloy said, “but the rule of thumb is, if you’ve got a treed area, you’ve got a good lot,” located outside the footprint of the landfill.

According to records, the home where the barrels were discovered was purchased in July by Steven Miller . Attempts to contact Miller on Wednesday were unsuccessful.


A report prepared by a private environmental consultant in 1992 concluded that there were few risks buried at Wingfield Pointe. The report described the presence of coal tar in soil samples, but speculated that it likely came from dredge wastes from the nearby Southern Branch of the Elizabeth River, which is polluted by such tars.

A consultant testified before the Chesapeake Planning Commission in 1987 that “the site was tested 100 percent” and “determined to be completely clean.”

The consultant, who was hired by the developer, William T. Wingfield , was questioned sharply by commission members, who were concerned that few soil and water samples were actually taken.

Wingfield, a Virginia Beach businessman, could not be reached for comment Wednesday. In previous letters and statements, however, he said the site had been thoroughly cleaned up, tested for environmental risks, covered with a clean layer of sandy soil, and finally built upon.

In the 1980s , his project was met with praise by some neighbors for getting rid of an unsightly mosquito haven. But it also was opposed by others in Deep Creek, who worried about the loss of forests and natural habitat, and because of lingering concerns that homes should not be built on top of old landfills that contain unknown wastes.

State regulations that govern the development of former waste sites deal only with permitted landfills constructed after 1988 . Milt Johnston , a waste manager with the state environmental department, said his inspectors occasionally run into cases of old wastes suddenly appearing during property development.

He noted that many small dumps simply were buried and forgotten by landowners not wanting to hassle with cleanup costs or government requirements.

According to state and city records, the Wingfield Pointe landfill accepted unknown quantities of trash, wastes and debris during the 1960s and ’70s. Some records describe the dump as “a private landfill” and others label it as one operated by the city of Chesapeake under a private agreement with previous property owners.

Either way, the owner should have obtained a permit from the state.

Calls to several agencies at Chesapeake City Hall on Wednesday were referred to Ron Hallman , the city attorney, who was out sick. Jan Proctor , deputy city attorney, said she had not fully reviewed the case and could not comment on Chesapeake’s role in the landfill or its approval of Wingfield Pointe.

Reach Scott Harper at 446-2340 or at scott.harper@pilotonline.com

Reach Cindy Clayton at 222-5201 or at cindy.clayton@pilotonline.com


Marty Houle, a Wingfield Pointe resident, had heard rumors that homes were built over a landfill. Photo by Stephen M. Katz / The Virginian-Pilot.


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