New Hampshire Attorney General Kelly A. Ayotte announced today that a court has approved a proposed settlement of the State’s civil enforcement action against North Country Environmental Services, Inc. (“NCES”), owner of the NCES landfill in Bethlehem, New Hampshire.

The enforcement action stems from alleged disposal of prohibited waste in the NCES landfill. The Attorney General’s Office initiated a civil investigation of NCES after the former owner of Whitefield’s Mountain View Grand Hotel pled guilty to criminal charges involving illegal removal and disposal of asbestos from the hotel. While buried asbestos does not pose a hazard unless disturbed, NCES’ state permits prohibit acceptance of asbestos and certain other wastes. The State alleged in a court petition that NCES had violated State law by failing to take adequate precautions to prevent acceptance of prohibited wastes and sought penalties and injunctive relief.

A negotiated settlement of those claims was approved by the Merrimack County Superior Court. The settlement requires NCES to pay $50,000 to the State and $50,000 to the Hubbard Brook Research Foundation, a non-profit organization that conducts environmental education projects in northern New Hampshire, among other things. The decree also requires NCES to cap the Troy Mills solid waste landfill in Troy, New Hampshire. In addition, NCES must hire a consultant to assess and to make recommendations on waste inspection and control procedures at the NCES landfill, which NCES must incorporate into its solid waste permits.

Attorney General Ayotte commented: “Landfill owners must take their environmental responsibilities very seriously, including taking adequate steps to ensure that prohibited wastes are not inadvertently accepted. This settlement includes measures that should help prevent any future problems with prohibited waste at the NCES landfill, while also providing significant environmental benefits to the citizens of New Hampshire.”

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

Consent Decree 

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