New Hampshire Attorney General Kelly A. Ayotte and Department of Environmental Services (“DES”) Commissioner Michael P. Nolin announced today that a state court has approved a $1.75 million settlement with Waste Management of New Hampshire, Inc. for alleged environmental violations at the Turnkey Landfill in Rochester, New Hampshire.

The terms of the settlement are contained in a consent decree agreed to by both sides, which was filed in the Strafford County Superior Court with the State’s lawsuit. The lawsuit alleges violations of air pollution rules and permits starting in 2002, including failure to control landfill gases produced by decomposing solid waste at the landfill. Without admitting liability, Waste Management agrees in the settlement to exceed minimum environmental requirements for controlling and monitoring landfill gases. Among other things, the company commits to installing new flares that burn off the gases and adding air monitors around the landfill to confirm that landfill gases do not pose any threat to the health of local residents. The company has invested roughly $4.5 million since July 2004 to upgrade the landfill gas collection system at the landfill.

As part of the settlement, the company also agrees to pay a $1.75 million civil penalty. The penalty must be paid over the next three years in the form of an immediate cash payment of $350,00 to the State and payment of $1.4 million to “supplemental environmental projects.” The largest project is a proposed landfill gas-to-energy project being studied by the University of New Hampshire (UNH). Under the settlement, Waste Management will fund $1.2 million of the capital costs required to pipe methane gas from the Turnkey Landfill to the UNH campus to fuel a new energy-saving cogeneration heating plant. The project would reduce long-term energy costs for UNH. It is in the early stages and is currently under review by the UNH Board of Trustees.

In addition, the cities of Dover and Rochester will each receive $100,000 for local projects to reduce air pollution, such as school bus retrofit programs to reduce vehicle diesel emissions. The cities’ proposed projects must be pre-approved by DES.

Attorney General Ayotte said: “This enforcement action and settlement demonstrate that environmental laws have to be taken seriously in our state. The law requires and good business practice demands that landfill owners be vigilant in properly operating and monitoring aging or expanding landfills. I am pleased that the result here is a net benefit for surrounding communities and the environment.”

DES Commissioner Nolin added: “I am especially pleased that, with Waste Management’s cooperation, local communities can count on enhanced environmental monitoring and odor control practices at the landfill. They can also expect significant funding for projects designed to reduce air pollution, increase energy efficiency and reduce dependence on costly fossil fuels.”

For further information, please contact Maureen D. Smith, Senior Assistant Attorney General, at (603) 271-3679.

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