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Toxics Action Center, Inc., and Conservation Law Foundation (collectively “CLF”) filed a citizen suit action in the United States District Court for the District of New Hampshire against Casella Waste Systems, Inc., and North Country Environmental Services, Inc., (collectively “North Country”) alleging violations of the Clean Water Act by a Bethlehem, New Hampshire landfill (“Landfill”).
The Landfill is described in the CLF Complaint as comprising approximately 46.5 acres of waste disposal space divided among five stages, each of which incorporates synthetic liners and a leachate collection system.
The landfill is stated to be located approximately 800 feet south of the Ammonoosuc River.
CLF alleges in its Complaint that pollutants are discharged via a 370 foot long drainage channel. This drainage channel is stated to collect pollutants which include contaminated groundwater, landfill leachate, iron, manganese, and 1,4-dioxane.
The drainage channel is alleged to be a point source adding pollutants to the Ammonoosuc River. Such discharges are alleged to be unpermitted and ongoing and continuous.
The Complaint requests that North Country comply with the Clean Water Act by ceasing all unauthorized pollutant discharges and seek a National Pollution Discharge Elimination System Permit authorization for future pollutant discharges along with compliance with the discharge limitations, monitoring requirements, and other requirements of the permit (when issued). It also requests measures be implemented to remedy, mitigate, or offset the alleged harm to the environment caused by the violations and assess an appropriate civil penalty.
A copy of the Complaint can be downloaded here.
