West Old Town Landfill

Frequently Asked Questions Concerning the West Old Town Landfill

Prepared by the Department of Environmental Protection
January 2004

NOTE: Answers to many of the questions below refer to Maine Statute and DEP regulations. You can find Maine Statutes online at the Revisor of Statutes site and DEP regulations online at the Secretary of State site.

What is the role of the Department of Environmental Protection ("DEP") with respect to the West Old Town Landfill?

Will DEP have a role in management of the West Old Town Landfill when the State purchases it from Fort James?

What were the major changes to the landfill proposed by the State Planning Office in its application to DEP for a license amendment and when was that application submitted?

Were any other licenses required by DEP?

What process does DEP use to review landfill license, including license amendment, applications?

What standards will DEP use in evaluating the license amendment request?

Under what circumstances does DEP hold public hearings?

What opportunities remain for public participation?

What is the timeframe for DEP's license decision on the amendment application?

Can DEP's decision be appealed?

What is the role of the Department of Environmental Protection ("DEP") with respect to the West Old Town Landfill?

DEP is responsible for environmental licensing and compliance matters at the landfill in accordance with Maine's environmental laws and regulations. Landfills are licensed under the provisions of Maine's Waste Management Laws (38 MRSA Section 1301) and the Maine Solid Waste Management Regulations (CMR 06-096 Chapters 400 (General Provisions), 401 (Landfill Siting, Design, and Operation), and 405 (Water Quality Monitoring, Leachate Monitoring, and Waste Characterization).

Will DEP have a role in management of the West Old Town Landfill when the State purchases it from Fort James?

The Department of Environmental Protection has no role in managing the landfill after the State's purchase. DEP's responsibility is solely for ensuring environmental protection through the application of Maine's statutory and regulatory standards concerning the siting, design, and operation of landfills.

What were the major changes to the landfill proposed by the State Planning Office in its application to DEP for a license amendment and when was that application submitted?

The application requesting to amend the existing landfill license was submitted to the DEP on October 30, 2003 by the State Planning Office and was formally accepted by the DEP as complete on November 21, 2003. The proposed changes include:

• An increase in the approved final landfill elevation from 270 feet to 390 feet. This is proposed to be accomplished in part by constructing a 30 foot high berm around the perimeter of the licensed landfill footprint. No horizontal expansion of the landfill onto previously unlicensed areas is proposed in this application.

• Acceptance of additional waste types including construction and demolition debris, incinerator residues and smaller quantities of other special wastes.

• Certain waste handling and environmental monitoring program changes.

Were any other licenses required by DEP?

A transfer of the existing landfill license from Fort James to the State of Maine was required. The license transfer application was submitted to DEP on September 26, 2003. The transfer was approved on October 21, 2003. In reviewing license transfer requests the Department evaluates: the sufficiency of title, right or interest in the facility; financial and technical capacity to undertake the proposed project in a manner consistent with the State's environmental standards and laws; consistency with the "public benefit" standard of Maine law and regulation; and, information related to any past civil or criminal violations.

What process does DEP use to review landfill license, including license amendment, applications?

CMR 06-096 Chapter 2 of the Department's rules (Rules Concerning the Processing of Applications and Other Administrative Matters) details the formal process the Department uses to review all applications.

In general terms, when an application is received it is assigned to a staff person (the "project manager") who will be responsible for overseeing the review process and for recommending a decision. The project manager convenes an appropriate team of staff from within the Department that ensures that all aspects of the application are reviewed by qualified staff with appropriate expertise. In the case of the West Old Town license amendment application, the team has consisted of several engineers and geologists and the project manager. The Department often relies on other state agencies that have specific resident expertise. An example in the case of the West Old Town Landfill is DEP's reliance on the Department of Transportation to make appropriate recommendations concerning traffic impacts.

What standards will DEP use in evaluating the license amendment request?

The Maine Solid Waste Management Rules state that: "The Department shall issue a license for a solid waste facility whenever it finds, based upon substantial evidence in the record, that the solid waste facility will not contaminate any water of the State, contaminate the ambient air, constitute a hazard to health or welfare, or create a nuisance." Maine law (38 MRSA Section1310-N) establishes general standards for the licensing of solid waste facilities (including landfills). These standards are:

• The applicant has the financial and technical ability to develop the project in a manner consistent with state environmental standards and with the provisions of this chapter.

• The applicant has made adequate provision for traffic movement of all types into, out of and within the proposed solid waste facility.

• The applicant has made adequate provision for fitting the proposed solid waste facility harmoniously into the existing natural environment and proposed solid waste facility will not unreasonably adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities.

• The proposed solid waste facility will be built on soil types that are suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment.

• The proposed solid waste facility will not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur.

• The applicant has made adequate provision for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project, and the proposed solid waste facility will not have an unreasonable adverse effect on the existing or proposed utilities and roadways in the municipality or area served by those services.

• The project will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to a structure.

The Solid Waste Management Rules (06-096 Chapters 400, 401 and 405) establish specific, detailed standards - building upon the basic statutory standards - for the siting, design, construction, operation and monitoring of landfills.

Most, but not all, of these standards apply to an application for a landfill height increase ("vertical increase") such as the West Old Town Landfill license amendment application before DEP. The scope of the Department's review in this case is also limited to the specific aspects of siting, design and operation that have been proposed for modification. The landfill was initially licensed in 1993 under all of the relevant statutory and regulatory standards in effect, and a comprehensive evaluation of the proposed landfill was conducted at that time. The Department is not conducting a "de novo" (or completely new) review of the landfill in general in response to the amendment application

CMR 06-096 Chapter 2 (The Department's Rules concerning the Processing of Applications and Other Administrative Matters) in part, establishes that the applicant has the burden of proof to affirmatively demonstrate to the Department that each of the licensing criteria in statute or rule has been met.

Under what circumstances does DEP hold public hearings?

CMR 06-096 Chapter 2 (The Department's Rules Concerning the Processing of Applications and Other Administrative Matters) provide that any interested party may request a formal adjudicatory public hearing with respect to any application. Requests must be received by the Department, in writing, no later than 20 days after the application is accepted as complete for processing. Requests must indicate the interest of the person filing, and specify the reasons why a public hearing is warranted. Public hearings would be held where the Department determines there is "credible conflicting technical information regarding a licensing criterion and it is likely that a public hearing will assist the decision maker in understanding the evidence". In this case the application was accepted by DEP on November 21, 2003, with a deadline for a request for hearing of December 11, 2003. The Department received 6 requests for public hearing; the responses can be found here. The Department received one request for Board jurisdiction which was withdrawn on January 28, 2004.

What opportunities remain for public participation?

Under the provisions of Chapter 2, public comment is allowed and will be considered during the time the application is being reviewed by the Department. In addition, the rule provides that draft license decisions will be made available to interested parties, and will be mailed to those interested parties who have made a written request, at least 5 working days prior to the Commissioner taking final action on the application. The Department will accept and consider all comments received within the comment deadline.

Finally, there will be an additional public participation forum held in the Old Town area in the next several weeks, after the Department makes a draft decision available for public comment. The forum will include various state agencies, local officials and companies.

What is the timeframe for DEP's license decision on the amendment application?

At this time, it is expected that a decision will be made before the end of February. A draft decision will be made available to interested parties prior to that time.

Can DEP's decision be appealed?

License decisions made by the Commissioner may be appealed to the Board of Environmental Protection within 30 days of the filing of that decision with the Board. (All license decisions made by the Commissioner are "filed" with the Board shortly after they are signed.) An aggrieved person may file a written notice of appeal to the Board for review of the Commissioner's decision, and must specify whether a public hearing on the appeal is being requested.

The written notice of appeal must include evidence demonstrating the appellant's standing as an aggrieved person, the findings, conclusions or conditions of the license objected to or believed to be in error, the basis of the objections, and the remedy sought. Section 24 of Chapter 2 of the Department's rules address appeals to the Board of a Commissioner's decision.