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Environmental Court Orders Closure, Capping, And Corrective Action At Moretown Landfill

CONTACT: Nicholas Persampieri, Assistant Attorney General, (802) 828-3186

September 17, 2013

On September 16, 2013, the Environmental Division of the Superior Court approved and entered a Consent Order that affirms the Agency of Natural Resources’ March 2013 denial of Moretown Landfill, Inc.’s (MLI) application for certification renewal, which MLI had appealed. The Consent Order prohibits MLI from accepting waste and requires MLI to cap the landfill, to investigate and remediate groundwater contamination, and to draft and implement an Agency-approved odor control plan.

“This Consent Order is a win for the environment and a win for Vermonters,” said Attorney General William H. Sorrell. “The landfill may not accept any further waste and it must deal with the environmental issues at the site,” he added. David K. Mears, Commissioner of the Agency’s Department of Environmental Conservation, noted that “the Order requires prompt and orderly closure along with extensive remedial efforts with respect to groundwater and odor, to ensure that the landfill will not negatively affect nearby residents or the environment.” The Order, which the Attorney General’s Office in collaboration with the Agency negotiated with MLI, was not opposed by any of the several nearby and neighboring landowners who participated in the litigation.

Under the Order, the State reserves its rights to bring an enforcement action against MLI for past violations of Vermont’s environmental laws and regulations, and to fully review any future application to dispose of waste in a new cell at the facility. MLI may not accept any additional waste at the facility unless the Agency approves a certification for a new cell.

  Website consulting provided by The National Association of Attorneys General.