Landfill/Solid Waste Enforcement: Vermont Attorney General and Moretown, Vermont Landfill Operator Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The State of Vermont (by and through the Vermont Attorney General) (“Vermont”) and Moretown Landfill, Inc. (“MLI”) entered into a Consent Order and Final Judgment Order (“Consent Order”) addressing alleged violations associated with the operation of a landfill.

MLI is stated to own and operate the Moretown Landfill (“Landfill”) in Moretown, Vermont.

Vermont, through the Attorney General’s Office, is stated to have filed a complaint against MLI in 2014 alleging violations of certain Vermont environmental laws, regulations, and permits at the landfill. The alleged violations are stated to have included:

  • Failure to prevent nuisance odors from the landfill
  • Failure to prevent and control windblown debris
  • Failure to maintain a landfill gas collection and control system
  • Failure to effectively capture landfill gas
  • Failure to maintain intermediate cover for waste
  • Failure to monitor leachate
  • Stormwater construction permit violations
  • Unpermitted discharges to waters of the state

The Attorney General in a news release states that MLI has been in the process of closing the landfill since September of 2013.

The Consent Order provides that MLI shall pay a civil penalty of $180,000. In addition, $20,000 will be expended to fund a Supplemental Environmental Project (“SEP”).

The SEP requires that MLI pay $20,000 to the Vermont Solid Waste District Managers Association. Such funds are projected to be used to purchase residential compost bins, food scrap collection buckets, and kitchen counter-top compose containers. These items are stated to be slated to be sold to citizens of Vermont at a discount.

A copy of the Consent Order can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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