The Continuing Battle Over the Landfill

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AS YOU DRIVE ALONG ROUTE-302 FROM BETHLEHEM TO BRETTON WOODS YOU SEE A HAND-PAINTED, WOODEN SIGN ALONG THE HIGHWAY.

IT SAYS “SCENIC VISTA – MT. CASSELLA AT BRIDGE ON RIGHT. 1.7 MILLION TONS OF TRASH.”

AND SURE ENOUGH, ABOUT 100-FEET LATER YOU CAN SEE THE SIGN’S INSPIRATION…

THE TOP OF THE BETHLEHEM LANDFILL POKING-UP BEHIND AN OLD RAILROAD BRIDGE AND SURROUNDED BY PICTURESQUE MOUNTAINS.

TURN DOWN TRUDEAU ROAD AND A COUPLE MILES LATER YOU’RE THERE.

(DOZER AUDIO –IN)

STARING-UP AT A GIANT MOUND OF BURIED TRASH

CUT-DOZER1

(“IT’S A DOUBLE-LINED GEO-COMPOSIT LINER SYSTEM. AND WE HAVE TO MONITOR THAT LINER SYSTEM. WE HAVE TO HAVE A SERIES OF MONITORING WELLS SURROUNDING THE FACILITY TO MONITOR THE GORUND WATER AT DIFFERENT ELEVATIONS AND DIFFERENT ZONES.”)

THAT’S LANDFILL MANAGER KEVIN ROY.

HE’S TALKING.ABOUT THE LANDFILL'S UNDERGROUND CONTAINMENT SYSTEM.

IT’S DESIGNED TO KEEP WATER – CONTAMINATED BY BURIED TRASH – FROM LEAKING INTO THE SURROUNDING ENVIRONMENT.

ABOVE GROUND – THERE ARE DOZENS OF SMALL VENTS AND METHANE FLARES WHICH BURN OFF UNDERGROUND GASSES.

ROY POINTS TO A NEARBY BULL-DOZER APPLYING A SIX-INCH LAYER OF DIRT OVER THE DAY’S DEPOSIT OF HOUSEHOLD TRASH.

HE SAYS THAT'S ANOTHER IMPORTANT WAY TO CONTROL THE FLOW OF CONTAMINATED WATER.

CUT-DOZERS2

(“..WITH THE APPLICATION OF DAILY COVER YOU HAVE A DRY PACK. YOUR WHOLE PLAN IS TO SHED AS MUCH WATER AS POSSIBLE, GET IT TO GRADE AND THEN CAP IT. THEREFORE YOU CAN’T POSSIBLY HAVE ANY LEAKS BECAUSE YOU HAVE NO WATER TRICKLING DOWN THROUGH.”)

THE BETHLEHEM LANDFILL IS OWNED “NORTH COUNTRY ENVIRONMENTAL SERVICES.

THAT'S A SUBSIDIARY OF THE RUTLAND VERMONT-BASED CASSELLA WASTE SYSTEMS.

N-C-E-S HAS WON PERMISSION TO DEVELOP THREE OF THE FOUR PLANNED STAGES OF THE LANDFILL…. TOTALLING 51 ACRES.

AND NOW THE COMPANY WANTS TO EXPAND INTO ANOTHER TEN ACRE SITE - KNOWN AS STAGE-FOUR.

THE COMPANY ALREADY HAS A STATE PERMIT FOR STAGE FOUR.

BUT IT REQUIRES THAT ALL LOCAL LAWS AND REGULATIONS BE FOLLOWED.

AND THE TOWN OF BETHLEHEM REFUSES TO GRANT A ZONING PERMIT.

IN FACT, IN 2005, THE TOWN ADOPTED A NEW ZONING BY-LAW CAPPING DEVELOPMENT AT THE LANDFILL AT THE EXISTING 51-ACRES.

THIS IS NOT A NEW DEVELOPMENT.

FOR MORE THAN TEN YEARS THE TOWN AND LOCAL RESIDENTS LIKE GEORGE MANUPELLI HAVE FOUGHT TO KEEP THE LANDFILL FROM EXPANDING.

CUT-GM1

(IT SMELLS LIKE RAW GARBAGE AND SULFER. IT CHANGES DEPENDING UPON WHAT THEY’RE DUMPING AND WHAT’S UNCOVERED.)

MANUPELLI SAYS THAT’S THE ODOR THATT DRIFTS FROM THE LANDFILL ONTO HIS PROPERTY.

AND HE WASTES NO BREATH.

THE FORMER TOWN SELECTMAN SAYS HE DOESN'T BELIEVE THAT THE LANDFILL IS CONTAINED.

CUT-GM2
(“ITS LEAKING, ITS CONTAMINATING THE GROUND WATER. ITS CONTAMINTING THE AIR. THEY WANT TEN MORE YEARS OF IT SO THAT THEY CAN MAKE IN THE VICINITY OF A 100 MILLION-DOLLARS IN INCOME. WE DON’T WANT TO BEAR THE BRUNT OF THAT. WE’RE KNOW FOR OUR CLEAR AIR AND WATER AND TOURISM. ALL OF THAT GOES. WE BECOME A DUMP TOWN IF THEY’RE ALLOWED TO EXPAND BEYOND THE 51-ACRES)

MANUPELLI ISN’T ALONE.

BETHLEHEM TOWN RESIDENTS HAVE VOTED REPETEDLY TO LIMIT OR PREVENT EXPANSION OF THE LANDFILL.

BUT THAT HASN’T STOPPED N-C-E-S FROM TRYING.

THE TWO SIDES HAVE BEEN IN AND OUT OF COURT SINCE 1998.

THAT WAS WHEN THE TOWN SUED TO STOP LANDFILL EXPNSION FROM 14 TO 22-ACRES.

IN 2001 N-C-E-S WON A SUPREME COURT DECISION AUTHORIZING IT TO FILL UP TO 51-ACRES WITH TRASH.

IT’S BEEN A LONG A VERY EXPENSIVE BATTLE.

(TOWN HALL STEPS AMBINET-IN)

BETHLEHEM SELECTMAN LON WESTON SAYS THE TOWN HAS NOW SPENT OVER ONE-MILLION-DOLLARS IN LEGAL FEES.

CUT-LON1
(THE LAST FIVE YEARS THIS REPRESENTS ABOUT TEN-PERCENT OF OUR BUDGET – OR ABOUT 200-THOUSAND-DOLLARS PER YEAR – WHICH HAS BEEN DEDCTAED TO COVERING THE LEGAL APPROPRIATIONS FOR DEFENDING THE TOWN’S LAWS AGAINST THE LEGAL TEAM FROM CASSELLA.)

BUT N-C-E-S OFFIALS SAY THEY WOULD RATHER BE WORKING WITH THE TOWN – RATHER THAN FIGHTING IT IN COURT.

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(FIRST OF ALL ITS VERY IMPORTANT TO UNDERSTAND THE N-C-E-S HAS TRIED ON SEVERAL OCCASIONS – AT LEAST A HALF A DOZEN TIMES – TO RESOLVE THIS DISPUTE WITH THE TOWN.)

THAT’S COMPANY ATTORNEY BRYAN GOULD.

HE SAYS N-C-E-S HAS MADE GENEROUS OFFERS TO THE COMMUNITY INCLUDING ONE WHICH WOULD HAVE PAID OVER TEN-MILLION-DOLLARS TO THE TOWN IN EXCHANGE FOR A HOST AGREEMENT.

THAT AGREEMENT WOULD ALSO HAVE REQUIRED N-C-E-S TO SET A DATE FOR THE LANDFILL’S CLOSURE.

BUT ONCE AGAIN, THAT OFFER WAS SHOT DOWN BY BETHLEHEM VOTERS BY A 2-TO-1 MARGIN.

THAT BRINGS US TO THE LATEST LEGAL BATTLE BETWEEN THE TWO SIDES.

N-C-E-S HAS ASKED THE SUPERIOR COURT TO RULE THAT THE TOWN’S 2005 ZONING BY-LAW IS UNLAWFULL SAYING IT UNFAIRLY TARGETS ONE TAXPAYER.

ATTORNEY BRYAN GOULD.

CUT-GOULD3
(“THE TOWN IS A GOVERNMENTAL BODY. IT CANNOT USE ITS POWERS IN A WAY THAT DEFEAT INDIVIDUAL RIGHTS. N-C-E-S HAS PROPERTY RIGHTS JUST LIKE ANYONE ELSE DOES. AND IT IS NOT WITHIN THE POWER OF A TOWN TO SAY ‘WE DON’T WANT THIS BUSINESS IN TOWN AND THEREFORE WE’RE GOING TO RUN IT OUT OF TOWN’”)

OF COURSE THERE COULD ALWAYS BE A SETTLEMENT.

AND THERE ARE THOSE IN BETHLEHEM WHO THINK THAT’S THE MOST PRUDENT APPROACH.

CUT-FLO1
(IT’S THERE. ITS BEEN THERE FOR I DON’T KNOW HOW MAY YEARS. UMPTEEN YEARS. AND NO HELICOPTER IS GOING TO COME ALONG AND MOVE IT.)

THAT’S FLO HOUGHTON.

SHE LIVES ABOUT A MILE FROM THE LANDFILL AND CAN SEE MOST OF IT FROM HER BACK YARD.

SHE SAYS ITS TIME FOR THE TOWN TO GET WHAT IT CAN FROM N-C-E-S BECAUSE THE COSTS OF A CONTINUED FIGHT ARE JUST TOO MUCH.

CUT-FLOH2
(“THE RATE IT’S GOING. THIS TOWN IS GOING TO BE BANKRUPT. OUR TAXES NOW ARE JUMPING AT EXTRAORDIARIALLY HIGH RATES. THE TOWN IS IN NEED OF SO MUCH. WE HAVE LET THINGS SLIDE FOR YEARS AND THIS IS ONLY GONNA MAKE IT WORSE.”)

THE TOWN OF BETHLEHEM AND N-C-E-S ARE SCHEDULED TO BE SUPERIOR COURT BEGINNING IN MAY.

FOR. N-H-P-R NEWS. I’M TODD WELLINGTON

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