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Enforcement of Solid Waste Laws

The Environmental Protection Division, in conjunction with the Vermont Agency of Natural Resources, enforces the state’s solid waste statutes and regulations. This work takes two principal forms: defense of the Agency of Natural Resource’s certification decisions on state solid waste landfills and enforcement actions seeking injunctive relief and civil penalties for violations of the State’s Solid Waste Act and Solid Waste Management Regulations.

In 2013, the Division defended the ANR’s denial of recertification of the Moretown Landfill in Moretown, Vermont. The Division represented the agency in the Environmental Division of Superior Court and ultimately resolved the litigation with a Consent Order under which the landfill agreed to cease accepting waste, cap the existing landfill cell, and implement plans to control odors and address groundwater contamination under the Agency’s supervision.

Link to relevant Court documents on Moretown Landfill matter:

The Office of the Attorney General of Vermont | Environmental Court Orders Closure, Capping, And Corrective Action At Moretown Landfill

The Division’s enforcement cases have included actions to enjoin continued operation and require cleanup of solid waste at junk yard operations at various locations around the State. Operation of salvage yards, without required permits and licenses, pose a threat to public health, safety and the environment.

Salvage yard matters handled by the Division:

State v. John Hennessey — $10,000 in civil penalties and injunctive relief regarding junk, solid waste and hazardous waste at property.

State v. Gilbert Rhoades — $20,000 in civil penalties, $24,857 for past investigative costs and injunctive relief.