Landfill operators must manage staying in compliance with environmental regulations while handling a changing flow of waste. February has been another active month for fines, expansion debates and pending legal challenges.

Here’s a look at notable landfill actions so far this month.

Residents petition EPA to reverse WM’s Turnkey landfill expansion decision

A group of 16 residents have filed a permit objection with the U.S. EPA over a 60-acre expansion to the Turnkey Landfill in Rochester, New Hampshire. The petitioners object to the New Hampshire Department of Environmental Services’ decision in October to grant WM a Title V operating permit, saying DES ignored public comments when making its determination. 

Waste Management of New Hampshire, a subsidiary of WM, plans to expand the landfill in order to accept an additional 1.4 million to 1.55 million tons of waste, some of which could come from out of state, Foster’s Daily Democrat reported. The current 1,300-acre site has an active landfill that covers 218 acres. Two other inactive, capped landfills are also on site. 

Petitioners say EPA must object to the issuance of the permit because it did not follow the required process. EPA approval is a required part of DES’ ability to issue the final permit. 

The petition states DES “failed to provide an adequate, streamlined, and reasonable process” in part because the agency categorized some public comments as “germane” and others as “non-germane.” Petitioners said this was a “problematic strategy that undermines the appeal process” by excluding certain viewpoints.

Petitioners also urged the EPA to “evaluate cumulative impacts related to the Turnkey landfill.” Residents have expressed health and safety concerns related to the landfill, including odors, which WM said it’s taking action to remediate, according to the news site. WM did not immediately respond to a request for comment. NHDES has said it followed all state and federal requirements.

Environmental groups to sue GFL over PFAS pollution concerns in Sampson County, North Carolina

The Southern Environmental Law Center issued a notice of intent to file a lawsuit against GFL Environmental and some of its subsidiaries last week, alleging the company had violated the Resource Conservation and Recovery Act by polluting the environmental justice community surrounding the landfill with PFAS.

In its notice, the center said use of the Sampson County Landfill has increased since GFL acquired it via the purchase of Waste Industries in 2018. The 966-acre landfill can accept about 1.825 million tons of waste annually at several open cells that accept MSW and C&D waste, according to its permit. 

The groups cite reports finding that the landfill has accepted PFAS-contaminated waste from multiple sites, including a Chemours plant in Fayetteville, North Carolina, and U.S. Marine Corps Base Camp Lejeune. They further note that GFL operated a leachate system that evaporated some material for about a decade, which they allege likely contained PFAS that was not destroyed. They also note GFL operated a landfill gas flare system for several years which similarly could have emitted PFAS, based on scientific literature examining PFAS destruction.

“All communities deserve clean water,” SELC Staff Attorney Maia Hutt said in a statement. “By contaminating the waters that Snow Hill residents depend on, GFL violates the law and further inscribes patterns of environmental injustice that disproportionately burden communities of color with pollution.”

The groups noted that unless GFL took immediate action to remedy alleged RCRA violations, they would file a lawsuit after a 90-day notice period. GFL has not responded to a request for comment.

Republic Services fined for 2019 air violations at Richmond, California, landfill

The Bay Area Air Quality Management District announced a $160,000 fine against Republic Services on Jan. 29 over alleged air quality violations. The district issued 13 notices of violation to Republic related to faults in the landfill’s gas collection and control system detected in 2019. The West Contra Costa Sanitary Landfill closed in 2007.

“In addition to the negative impact on air quality in the surrounding community, the methane in landfill gas is a powerful greenhouse gas contributing to climate change,” Philip Fine, executive officer of the district, said in a statement. “It’s critically important that facility system components are properly maintained to ensure that local air quality and the global climate remain protected.”

Republic Services addressed the violations within 10 days following the district’s detection of issues, a spokesperson for the agency said in an emailed response to questions. They noted that it took “longer than usual” to conclude reporting and settlement negotiations with Republic surrounding the violations, leading to the four-year gap between detection and fines.

A spokesperson for Republic said the violations were “older” and were related to power outages affecting the facility. They further said the company prioritizes responsible operations and collaboration with regulators. 

“Though we do not believe there was a negative impact on air quality in the surrounding community, we are pleased to have resolved this issue with the Bay Area Air Quality Management District,” Melissa Quillard, senior manager of external communications, said in emailed comments.  

New Hampshire to conduct first waste characterization study with federal grant funding

New Hampshire’s Department of Environmental Services awarded a contract on Jan. 31 to MidAtlantic Solid Waste Consultants to conduct a solid waste characterization study at landfills and the state’s one incinerator. It will be the first time the state has conducted a survey like this, the Concord Monitor reported. 

The study was made possible by a nearly $300,000 Solid Waste Infrastructure for Recycling grant awarded to the state by the U.S. EPA. The grant will help New Hampshire “improve state-level planning for solid waste management” once a final report is released. It also funds a food waste generator study and a food waste management infrastructure analysis.

The state recently set a goal to reduce MSW and C&D waste by 25% by 2030 and 45% by 2050, and plans to use the study to help identify possible pathways to achieve those goals, according to a request for proposals released last year. 

The RFP required contractors to perform hand sorts of waste at four facilities: Casella’s North Country Environmental Services landfill, the publicly owned Mt. Carberry Secure Landfill, WM’s Turnkey Landfill and WIN Waste Innovations’ mass burn facility in Concord. The contractor will also perform gate surveys at commercial disposal facilities to determine the origin and type of waste, and will perform visual surveys of C&D waste and related facilities.

The state expects the waste study to be released in March 2025.

Federal investigators subpoena California waste management agency

Federal investigators are seeking information on business operations and deals related to the Upper Valley Waste Management Agency, which oversees waste services in Napa Valley, California. 

Investigators with the FBI and U.S. Department of Justice’s Antitrust Division filed a subpoena in December. The subpoena, sent to Steven Lederer of the Napa County Public Works Department, requests information related to proposals, quotes or bids solicited for waste services by the agency since January 2019. It also asks for communications between officials about competition related to waste management in nearby counties. Lederer is the director of UVWMA. 

The agency oversees numerous waste services, including the Clover Flat Landfill. Former landfill employees say they were subjected to unsafe working conditions when the site was owned by Upper Valley Disposal Service. Waste Connections has operated the site since it bought Upper Valley in 2022. 

Former Clover Flat employees sent a separate complaint to the California Civil Rights Department in December, alleging that Upper Valley Disposal Service exposed workers to contamination, fires and “degrading” treatment. In a separate complaint, a former operations manager said he was fired for speaking up about the conditions, the Press Democrat reported.

A Waste Connections spokesperson told the Press Democrat that the company was taking the allegations about past practices seriously and had recently resolved air quality issues. Waste Connections was also working with water regulators on an outstanding violation, the company told the news site.  

Proposed expansion of WIN Waste landfill in Seneca County, Ohio, draws opposition

An application to nearly double the size of a landfill in Fostoria, Ohio, has drawn strong opposition from nearby residents who argue operator WIN Waste cannot adequately manage existing waste at the site. 

The proposal from WIN would expand the rail-served landfill from 261.3 acres to 479.8 acres, according to The Advertiser-Tribune. It would also increase the average amount of waste accepted per day from 7,275 tons to 10,500 tons. 

Several local entities have filed comments opposing the plans, including the city of Fostoria, Seneca County and the Seneca County General Health District. The latter’s testimony noted that as recently as 2019, the Ohio attorney general sued the landfill for violations of the state’s water pollution, air pollution and solid waste laws. Those violations allegedly included excess emissions of sulfur dioxide and leachate leaks at its rail unloading facility.

WIN Waste eventually settled that lawsuit with the state, paying about $3.72 million in penalties and fees. WIN Waste Community Engagement and Government Affairs Manager Ben Nutter said that “we have improved the landfill's operations dramatically,” and noted that it was now in compliance at a public meeting hosted by the Ohio Environmental Protection Agency on Feb. 5. 

Rick Buffalini, principal engineer at Civil & Environmental Consultants, said he was “impressed by WIN Waste management’s commitment to prepare a permit application that not only met the Ohio Solid Waste Regulations, but also considered community concerns,” in written testimony.  CEC prepared the landfill’s solid waste and NPDES surface water permit application. 

A representative for Ohio EPA further affirmed the landfill is currently within compliance, The Advertiser-Tribune reported. The Ohio EPA’s initial comment period ended on Feb. 20. It is still reviewing the application.