“It seems to most of us that every time that DES has applied discretion in its rules it’s applied it in favor of the applicant…” –Eliot Wessler
“The risk profile of this project is even higher than I thought it was… because you’ve [DES] described this as one of the most complicated, if not the most complicated project that you’ve had to deal with; and my guess is that that’s the same for the applicant, they have not done something on this scale either.” —Wayne Morrison
It took five hours to address a broad range of questions posed to NH DES during their Sept. 29 information session. 130 community members, including legislators, conservation groups, NCABC board members and friends attended the virtual meeting intended to outline DES’s permits and procedures related to the proposed landfill in Dalton. Among about 40 speakers, all were opposed to the project.
The proposed landfill will require several state permits and another from the U.S. Army Corps of Engineers.DES saidcoordinating the permitting process has been a challenge on the project “unusual in its scale and scope and complexity.”
Participants and DES agreed about irregularities in the developer’s application process including the omissions of an expected Alteration of Terrain application, related hydrology information and the Army Corps of Engineers’ permit application.
Speakers persistently questioned whether DES favors the developer over the general public. DES personnel steadily defended their actions, insisting NHstatutes and regulations instruct them to work closely with the permittee to create strong applications. Remarkably, although DES holds hearings, mandates do not require two way communication or dialog with the public during the permitting processes.
DES personnel stated they have neither the time nor any obligation to answer even the most basic questions posed by the public. Except for the recent Information Session, DES has been silent on citizens’ concerns as well as the extensive expert testimony provided to them on the wetlands permit application.
To our further dismay, DES confirmed that several topics very important to us will not be considered in their reviews, including the impact of out of state trash filling 49% of NH capacity under Casella’s plan and the perils of trash and leachate truck traffic in communities throughout the state.
In several instances, DES deferred answering questions, saying decisions would depend on judgements by the Army Corps of Engineers and regulations required under the National Environmental Policy Act.
Unresolved questions, among many, include:
- How DES will address the required analysis of alternative sites. The rules were described as “new and pretty non-specific… conceived for much smaller projects.” Phillip Trowbridge of DES noted, “This is the most complicated permitting decision the department will face.” Federal guidelines will have an impact on this decision.
- Whether the Dalton Conservation Commission will be allowed to visit the site with their wetlands expert during the growing season, so they can provide informed comments on the plan.
- How public benefit will be determined in terms of whether NH has any need for new landfill capacity.
- Whether the extensive testimony addressing the original, year-long wetlands permit application will be included in the amended permit application or discounted entirely. The Department of Justice is to decide this question.
- The scope of the Alteration of Terrain application, requiring either a one or three phase review. Federal review will also affect this decision.
- Concerns about missing permits from the towns of Dalton and Bethlehem; existing unpermitted wetlands disturbances on the Dalton site; and the economic viability and transparency of permitting a limited one stage landfill (as proposed now) with no further expansion.
Please see these links for excellent media coverage with more information:
Caledonian-Record—https://www.caledonianrecord.com/news/local/proposed-landfill-most-complicated-permitting-process-ever-for-des/article_f2a8d2f1-7f91-51db-b36c-4da9f3b78c98.html
InDepthNH—https://www.libertymedianh.org/des-attempts-to-connect-with-the-public/
NCABC and its collaborative groups continue to press for answers, review and challenge applications, and support legislative and regulatory reform in the state’s solid waste management program.
Our thanks for your continued commitment, alongside us, to protect the environment, pubic health, community life and economy of our exceptional state.
Sincerely,
NCABC Board of Directors
Sarah Doucette, Gary Ghioto, Erik Johnson, Mary Menzies, Wayne Morrison, Tom Tower, Stephen Walker, Eliot Wessler
