New Hampshire landfill bill would weigh harm, not just benefits for local communities

A photo taken by the Department of Environmental Services during a June 4 site visit shows the Bethlehem landfill.

A photo taken by the Department of Environmental Services during a June 4 site visit shows the Bethlehem landfill. Screenshot from DES report

A sign warns the public about contaminants from the Coakley Landfill.

A sign warns the public about contaminants from the Coakley Landfill. MINDI MESSMER

By SRUTHI GOPALAKRISHNAN

Monitor staff

Published: 01-22-2025 11:48 AM

Modified: 01-22-2025 10:37 PM


New Hampshire lawmakers are considering a new approach to how landfills get approved in the state.

Rep. Nicholas Germana is leading the charge with House Bill 215, which would require the Department of Environmental Services to weigh both the potential harms and benefits of solid waste facilities before granting approvals.

“None of us in our personal lives makes important decisions by drawing up a one-sided list of pros,” Germana said at a hearing on his bill Tuesday. “Why on earth would we not do the same thing? We’re considering whether or not to site a landfill that will impact a community for generations.”

The state agency defines “public benefit” for new solid waste facilities based on their alignment with the state’s waste management goals and the need for additional capacity in New Hampshire.

Many environmental advocates consider this determination to be too narrow, especially considering half of the solid waste buried in New Hampshire comes from outside the state, according to the state’s waste plan.

Under this bill, that approval process would become more broad — and community-focused. The landfill applicant would have to hire an independent consultant to assess potential harm to the host community and its neighbors. This means looking at various possible impacts, including risks to human health, property values, water pollution, greenhouse gas emissions, tourism, outdoor recreation and wildlife.

The cost of the assessment would fall on the landfill applicant, a requirement Germana acknowledged in his testimony that the waste industry might push back against.

However, he pointed out that for major players like Casella Waste Systems, which has a net worth of $7 billion, and Waste Management, valued at $85 billion, paying for an assessment wouldn’t exactly break the bank.

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“These companies are asking for the right to operate extraordinarily lucrative businesses in our communities,” said Germana, a Keene Democrat. “The added cost of maybe $50,000 to assure the state and potential host communities that they can provide a genuine public benefit while making enormous profits is not too much to ask.”

Michael Wimsatt, director of the state’s waste management division said the agency isn’t taking a position on a new landfill bill but supports the idea of forming a study committee to take a closer look. He said approving a landfill is complex and has to be done right.

“That’s why I think a study committee is necessary because it’s not easy. It’s a very difficult thing,” said Wimsatt. “If it’s not done well, it’s going to probably engender a lot of appeals and a lot of controversy.”

Lobbyist Henry Veilleux, who represents Waste Management suggested the bill is unnecessary for existing facilities like the Turnkey Landfill in Rochester — the largest landfill in New England, which has been operating for more than 40 years and is now seeking to expand.

“The noise will probably be the same. The odor will probably be the same. The traffic transporting the waste will be the same,” said Veilleux. “So I just question whether there’s any value and utility in imposing this on a facility that’s been around for 40 years and is looking to expand.”

In recent years, landfill legislation has garnered bipartisan support, particularly in response to Casella Waste Systems’ proposal to build a landfill near Forest Lake in the town of Dalton, which has a year-round population of less than 1,000 residents. Many view the plan as a commercial threat to natural resources and a mismatch between the financial resources of Casella and a small North Country town.

Following Gov. Kelly Ayotte’s inaugural address, where she pledged to block any new landfills in the North Country, environmental advocates renewed their hope that additional environmental protections through landfill legislation will pass this year.

Many of these advocates were discouraged by former Gov. Chris Sununu’s stance on the issue, especially after he vetoed a bill to increase the buffer zones for landfills near water bodies. His decision left many questioning the state’s commitment to stricter environmental regulations.

“There will be no landfill at Forest Lake in Dalton,” Ayotte said during her inaugural address earlier this month. “We will not allow that beautiful part of our state and that beautiful area to become a dumping ground for out-of-state trash. It’s just not going to happen.”

Nancy Morrison from the North Country Alliance for Balanced Change believes this bill is crucial to protect human health and the environment.

She sees the testimony from the waste industry and its lobbyists as overly influential in shaping the state’s waste policy — something that has been the case for decades.

“I perceive it as fear-mongering and speculation. I believe they do not have our best interest at heart,” said Morrison. “I believe it is time for the legislators to call this out for what it is and implement protective measures that New Hampshire citizens and their environment need based on good regulation, not industry speculation.”

 

Sruthi Gopalakrishnan can be reached at sgopalakrishnan@cmonitor.com