After years of concerns from environmental advocates, the Casella Waste Systems’ subsidiary that operates a landfill in Bethlehem has agreed to pay $1.9 million in civil penalties.
North Country Environmental Services, which owns and operates the NCES Landfill in Bethlehem, entered into a consent decree this week with the New Hampshire Department of Environmental Services (NHDES). The agreement resolves several violations in how the landfill was operated.
This is the largest fine ever imposed by the state for solid waste violations, state officials said in a press release on Monday.
“Landfills are highly regulated and are designed and built to ensure safety to the public and the environment,” said state Attorney General John Formella. “This case demonstrates our commitment to holding accountable those that violate our statutes and rules created for the purpose of protecting the State’s environment and natural resources.”
According to the state, North Country Environmental Services dumped waste beyond permitted boundaries; improperly handled and stored leachate, a toxic liquid produced by landfills; exceeded allowed flow rates in collection systems, failed to report facility damage, drilled gas wells through a protective landfill liner and did not apply required daily cover over waste. The company also repeatedly failed to properly report incidents.
The case never went to trial, and the settlement avoided prolonged litigation while still holding the company financially accountable.
“NHDES takes landfill mismanagement very seriously, as demonstrated by this significant and appropriate civil penalty,” said Robert Scott, NHDES Commissioner.
The state environmental agency collaborated with the Department of Justice to ensure accountability for several years to investigate these violations.
The agreement comes as Casella, a Vermont-based company, is challenging the state’s environmental agency in court after it denied the company a permit to build another landfill just a few miles from the Bethlehem site. Its proposal to build the Granite State Landifll in Dalton has drawn intense criticism because of its close proximity to a freshwater lake.
Among local residents and environmental groups who have, for years, sounded the alarm about the company, its $1.9 million settlement is being seen as a long-awaited step toward accountability.
Under the settlement, part of the penalty money will be used to clean up landfill debris that has eroded into the Saco River at the site of a former municipal landfill in Bartlett.
“We believe this pattern of non-compliance and lack of operational control demonstrates that Casella is an unfit operator for either a new landfill permit in Dalton or any further expansion in Bethlehem,” said Tom Tower, vice president of the advocacy organization North Country Alliance for Balanced Change. “Casella’s record is not an accident or a misunderstanding, it is a long history of violations, enforcement actions and settlements across multiple states. When a company demonstrates this kind of track record, lawmakers should strengthen oversight, not weaken it.”