Owners of the Moretown Landfill face civil penalties for a series of past odor, air and water quality violations during its operation of the closed facility.
The state is suing Advanced Disposal for what it says are repeated environmental violations, according to a 16-count complaint filed in Washington Superior Court on Thursday.
Attorney General Bill Sorrell said in a statement that his office will work with other state agencies to “ensure that Vermont’s waste-disposal sector plays by the rules, protects Vermont’s environment, and takes appropriate action to prevent off-site odors.”
The state says the company could pay up to $85,000 in civil penalties for each violation and more for each day the violation continues — totaling more than $1 million in potential penalties. It is unlikely the company would have to pay the maximum civil penalty, officials said.
In 2013, the state denied Florida-based Advanced Disposal’s application to continue operating the landfill following years of complaints about odor and groundwater violations. Its subsidiary, Moretown Landfill, appealed the decision but later agreed to implement corrective action plans. The company is now seeking permission to open a new trash cell at facility.
The state confirmed more than 100 complaints of landfill odors leaving the plant since 2011. The odors — some of which include sulfides and ammonia — are considered by state and federal environmental regulators as hazardous air pollutants that may cause adverse health effects, according to the complaint.
The state says it has also confirmed 374 separate instances in which the company exceeded its permitted methane emission limit of 50 parts per million. Methane is a heat-trapping greenhouse gas more potent than carbon dioxide. Some of that methane is burned by a 3.2-megawatt power plant at the site.
Department of Environmental Conservation Commissioner David Mears said there is still the potential for methane and solid waste odors to be leaving the site. But he said, “We’re not receiving complaints, as far as I know, and I think it’s primarily because the landfill is not in operation.”
On Nov. 18, 2013, Moretown Landfill applied to open a new trash cell to the south of the existing landfill. Mears said the state considers a company’s compliance history when issuing permits. However, he said the pending application is not linked to the current lawsuit.
Assistant Attorney General Nicholas F. Persampieri would not comment on whether any nearby landowners were harmed by the company’s operations. However, he did say it caused a nuisance.
“At this point we didn’t feel the need to seek to impose any corrective measures. We’re seeking penalties,” Persampieri said. “And one of the main purpose of seeking penalties is to deter potential future violations.”
An attorney representing Moretown Landfill did not return a call requesting comment Thursday.
