Source: Star-Ledger (NJ), November 16, 2013
Posted on: http://envfpn.advisen.com
A Superior Court judge has ruled that the owners of the Fenimore Landfill in Roxbury are responsible for all “recoverable costs” associated with the closure of the facility.
The order by Judge Thomas Manahan, written Thursday and released yesterday in Morristown, finds that the landfill owner, Strategic Environmental Partners, violated terms of the consent order that allowed the landfill to reopen.
But the judge’s ruling does not specify an amount. It says a hearing must be scheduled within 45 days to determine the costs Strategic would pay to the state Department of Environmental Protection.
The DEP seized the landfill in June after thousands of complaints about rotten-egg-like, hydrogen sulfide odors and associated health problems. The agency is expected to submit a figure that would reimburse the state for the cleanup and closure costs.
But in a hearing yesterday, Manahan held out hope the DEP and Strategic can make “some attempt at resolution.” The agency and company are battling each other in state and federal courts in a total of eight civil cases in which the issues frequently overlap.
Strategic “may be somewhat under the gun financially,” the judge said, adding that the “multi-million-dollar expenses” needed for the cleanup and closure might be paid more easily if there were a settlement of the litigation.
Manahan’s ruling also terminated the consent order that permitted the landfill’s reopening in 2011 with plans to cap it with additional debris, close it and build a solar facility there. The landfill had been closed since 1977.…
Source: http://www.nj.com, October 24, 2013
By: Louis C. Hochman
State officials say they expect to be able to “virtually eliminate” the foul odors that reach for miles beyond the Fenimore landfill site eventually — but they haven’t yet finalized a plan to do so.
In a fact sheet the state Department of Environmental Protection provided to Roxbury officials this week, the agency said its current short-term work at the landfill site should “significantly reduce” odors from hydrogen sulfide, the compound blamed for a rotten egg-like stench that many residents say have been making people stick for the last year.
The DEP has contracted with an engineering firm to come up with a long-term solution for the site, which will be reviewed with Roxbury officials before being finalized, it said.
But it once again rejected an idea pushed by Roxbury officials and local activists — to excavate and truck out construction debris brought to the site over the last year, the source of the hydrogen sulfide.
Digging up the site could release so much gas at uncontrolled rates residents could have to be removed from homes and schools, the DEP said.
The Roxbury Environmental Action Coalition, formed to address issues around the landfill, has rejected that assertion, saying the material could be removed carefully, in stages. And township officials have urged the DEP to use federal funds intended for Sandy relief to pay the estimated $53 million cost of removing the material, as much of the construction debris came from buildings damaged by the storm.…
Source: http://www.courierpostonline.com, September 17, 2013
By: Jim Walsh
A legal agreement is providing $1 million toward cleanup costs for a polluted landfill in Voorhees.
Under terms of a consent order, General Electric Co. will pay $255,000 to a state agency for costs incurred at the former Buzby Brothers Landfill. In addition, $245,000 will come from five local towns — Berlin Borough, Cherry Hill, Haddonfield, Haddon Township and Voorhees — and two firms that dumped waste at the Centennial Boulevard site.
The consent order settles a lawsuit filed in 2007 by the state Department of Environmental Protection. The agency sought reimbursement for work intended to remove volatile organic chemicals, metals and other pollutants from the 57-acre site.
The landfill operated from 1966 to 1978 on land leased from GE. The site now is owned by Voorhees Township.
The DEP since 2005 has restricted the use of groundwater within a 144-acre site that includes the landfill.
General Electric in 2003 agreed to remediate the site, in part by capping the landfill. After the DEP took it to court over cleanup costs and environmental damages, GE in turn sued the five municipalities and two firms, Weyerhaeuser Co. and Quaker Chemical Corp.
Each of those “third-party” defendants agreed to pay $35,000 under the consent order, which was posted at a DEP website in mid-August.
In January 2011, three other firms that dumped at the site agreed to pay more than $400,000 to settle claims against them. Those funds came from Rohm and Haas Co., Sherwin-Williams Co. and the former M.A. Bruder (MAB) and Sons Inc.
The 2011 payments went toward the purchase of open space outside Voorhees, including two sites in Salem County, according to the state Department of Environmental Protection.
The companies have admitted to no liability for pollution under terms of the consent orders.…
Source: http://www.cantonrep.com, August 6, 2013
By: Kelli Young
More than a decade after the Stark County Health Department closed a troubled landfill in Osnaburg Township, the landfill’s owners will repay a portion of the cost to cap, clean and monitor the shuttered facility.
In a consent order filed Tuesday in Stark County Common Pleas Court, former Exit C&D Landfill operators Barbara A. and Timothy B. Williams of Bethlehem Township agreed to pay $15,000 as well as turn over the oil, gas and mineral rights for the property at 7099 Fairhill St. SW. The $15,000 will be paid in installments over the next 12 months.
In exchange, the Ohio Attorney General’s Office and the Stark County Health Department agreed to drop a lawsuit they filed Tuesday to recoup the roughly $500,000 spent by the Ohio Environmental Protection Agency and the $247,288 spent by the health department on the 133-acre site after the Williamses didn’t have enough money to seal and maintain the landfill properly.
The health department closed the landfill, which accepted debris from construction and demolition sites, in 2002 due to environmental concerns. The agencies continue to incur costs as inspectors must visit the site weekly to monitor the landfill’s pumping system, which prevents the snow and ice that filters through the waste from contaminating the groundwater.
Attorney Gerald L. Baker, who represents the Williamses, was out of town Tuesday and could not be reached for comment. A phone number listed for the Williamses was disconnected.…
Source: http://www.rrstar.com, August 6, 2013
By: Kevin Haas
A group of residents that live near the Winnebago Landfill has filed a lawsuit that says the company failed to control landfill gases and its noxious fumes.
Multiple plaintiffs from 70 households are listed in the suit filed Monday in the 17th Judicial Circuit Court in Winnebago County. The group is represented by Todd Hageman, whose profile with The Simon Law Firm of St. Louis says he specializes in representing clients harmed by landfills.
The suit says that the Winnebago Landfill company’s operation was negligent and reckless, which put neighbors’ health at risk. It says that neighbors were continuously exposed to the odor of hydrogen sulfide, which smells like rotten eggs. It also says the company inadequately managed the landfill gas generated at the site.
The suit looks for monetary damages to compensate residents for the loss of use and enjoyment of their property, annoyance and discomfort. The suit says the amount the landfill should pay to residents will be proved at trial.…
Source: http://www.environmentalleader.com, May 13, 2013
A landfill in Roxbury, New Jersey, has received hundreds of complaints from nearby residents of a stench like rotten eggs, and a bill has been filed by Sen. Anthony Bucco that would force the landfill to shut down.
The Fenimore Landfill, owned by Strategic Environmental Partners, had been closed since 1979 but was reopened in 2011 with plans to fill it, cap it and build a solar facility on the location, writes NJ.com.
The odor was caused by hydrogen sulfide emitted mainly by construction and demolition debris, according to an independent expert. In March, the landfill operator stopped accepting the debris, saying the company believed it could complete the capping of the landfill without the need for more construction and demolition materials.
Legal bills regarding the project cost the town $140,000 it will fund in the 2013 budget, according to the article.
Air monitoring meters at the Fenimore landfill spiked to 102 ppb of h2s on May 10, the highest reading yet seen, the Roxbury Register reported.
According to the Fenimore Landfill website operated by a “concerned group of Roxbury residents,” the odor problem “continues to be an every day nuisance. Independant monitoring shows that concentrations exist at levels that pose a public health threat. Over 200 residents filed a class action lawsuit against the owner to remediate the gas and odor problem. The court continues to allow more material to be brought in and has not mandated a permanent solution or timeline for this problem that is harming public health and the environment. Residents have lost the enjoyable use of their property. Kids are missing school and parents are missing work… Home values have plummeted and buyers are walking away from sales contracts. Long term health impacts are still unknown.”
Source: Mount Airy News (NC), January 10, 2013
Posted on: http://envfpn.advisen.com
Surry County is poised to be on the cutting edge of environmental protection, and make a little bit of pocket change, when the landfill starts generating electricity late next month.
According to Dennis Bledsoe, the county’s public works director, things are moving along on schedule, and the project to generate electricity using naturally-produced methane gas should be in operation by late February.
“Right now, we’re expecting the project to go commercial at the end of next month,” he said Tuesday.
Bledsoe said two transformers have been delivered, and the equipment necessary to crank the 2,250 horsepower, 20-cylinder generation motor will be in place later this month.
“After the initial cranking, we’re going to need two or three weeks to test the equipment and make sure it’s running properly,” he said.
The system’s blower is expected any day, and the necessary switches and additional transformers will be in place “sometime late this month or early next month,” Bledsoe said.
The necessary air permits from the North Carolina Department of Natural Resources have been secured as well, he added.
“So sometime in February we’re expecting the system to have been tried and tested, and we’re hoping to be generating electricity,” he said.
Output from the system is expected to be around 1.6 megawatts, or “the equivalent of supplying between 900 and 925 homes.”…
Source: Courthouse News Service, December 20, 2012
By: Joseph Celentino
Owners and insurers connected to an Indiana landfill abandoned in the early 1980s may have to shell out additional funds for cleanup efforts, the 7th Circuit ruled.
From 1977 to 1982, Environmental Chemical and Conservation Co., or Enviro-Chem, operated waste-disposal and recycling sites near Zionsville, Ind. When the Blankert family closed the company, they left behind storage drums and other waste at three disposal sites.
The Environmental Protection Agency responded in 1983 by allocating $3 million to clean the area, and then sought reimbursement from the Blankerts, Enviro-Chem and 250 other parties.
Cleanup initially focused on the main Enviro-Chem site and north side sanitary landfill, but investigators later found pollution at a third location.
Samples of the soil and groundwater around the third site found elevated concentrations of volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs). Water collected from nearby Finley Creek, which contributes to the Indianapolis water supply, also contained elevated levels of VOCs.
Responding to a 1996 EPA order, Enviro-Chem and several other companies helped reroute Finley Creek away from the third site.
Plans for cleanup of the third site continued into 1999, when the EPA directed groups responsible for the pollution to bankroll an Engineering Evaluation and Cost Analysis (EE/CA) of the area and reimburse past EPA response and oversight costs.
All obligations under the 1999 order were met in October 2000, but the work was not over.…