Moretown Landfill, Inc. and the Agency of Natural Resources have agreed to settle the landfill owner’s challenge to the state’s denial of their request to continue operation of one of the cells in the landfill known as Cell 3. The terms of the settlement will be finalized in a consent order filed with the Superior Court Environmental Division today, subject to approval by the Court.
“We’re pleased to have reached an agreement that will avoid the cost of litigation, protects the environment, addresses many of the concerns of nearby residents, and affirms the state’s determination that the landfill cannot continue to operate,” said Deb Markowitz, ANR Secretary.
Under the terms of the settlement agreement, the company agreed to cease disposing of waste in the one remaining active cell, Cell 3, of the landfill at the close of business, July 15, 2013. Moretown Landfill, Inc. must now close this cell by placing a cap on top to keep water away from the waste inside the cell and to reduce the risk of groundwater or surface water pollution.
In addition, the settlement agreement requires Moretown Landfill, Inc. to submit a feasibility study, plan, and schedule to reduce contamination in groundwater at the landfill’s property boundary. The company must also submit and implement an Odor Maintenance and Preventative Action Plan for the future management of odors from the site.
The state previously denied the company’s application to renew certification of Cell 3 in March of this year. The state’s order required that the landfill stop collecting waste on April 15th. The landfill appealed the decision to the Environmental Division, and the court granted Moretown Landfill, Inc. a 90-day stay to allow it to continue accepting trash until July 15 while the court considered the matter.
The company has indicated that before the end of 2013, it plans to apply to construct and operate a new cell, referred to as Cell 4. The settlement does not predetermine the state’s decision on that application if filed. The forthcoming Cell 4 application will be subject to comprehensive technical review with opportunity for public comment as required by the Solid Waste Management Rules. In the event the Cell 4 application is denied or withdrawn, the temporary cap on the south slope of Cell 3 will be replaced with a permanent cap.
Contact: Deb Markowitz, 802-828-1294, email@example.com; Justin Johnson, 802-828-1294, Justin.firstname.lastname@example.org