DUMP Wins in Environmental Court
NEWSVT, Owners and Operators of the Landfill in Coventry, are appealing the Judge's Decision to the Vermont Supreme Court! We are fighting the battle in court, again.
Read Judge Walsh's Decision on Motions and Judgment Order.
Judge Thomas Walsh, of Vermont’s Environmental Court, handed down a decision on Tuesday January 27th, affirming a Jurisdictional Opinion (JO) issued by the Act 250 District #7 Environmental Commission Coordinator on January 25, 2025 (Case No. 25-ENV-00012). Vermont’s Land Use Review Board defended the Jurisdictional Opinion.
Don’t Undermine Memphremagog’s Purity, Inc. (DUMP) the grassroots environmental organization dedicated to protecting water quality in Lake Memphremagog, had requested a Jurisdictional Opinion, and the Act 250 District #7 Commission Coordinator agreed, that the NEWSVT leachate pretreatment system, in place on the Coventry landfill, would require an amended permit “ in the event that NEWSVT sought to convert the current experimental leachate pretreatment system from a pilot program to permanent installation at NEWSVT's facility.”
New England Waste Systems, Inc. (NEWSVT) then appealed the Jurisdictional Opinion to the Environmental Court. NEWSVT is a subsidiary of Casella Waste Systems, Inc.
DUMP stood by its claim that amended permit would be required for a leachate pretreatment facility, since it is a major change in operations onsite.
In his decision, Judge Walsh stated, “the Court concludes NEWSVT requires an Act 250 permit amendment to convert the pilot pretreatment system to a permanent installation.”
The leachate pretreatment system, SAFF, which partially removes hazardous and toxic PFAS chemicals from landfill leachate, has actually been fully operational since September 2023, but the “pilot” is not scheduled to begin until Quarter 2 of 2026, according to a NEWSVT spokesperson at a recent landfill oversight meeting.
Currently, the leachate pretreatment system is required to be staffed 24/7, and no leachate is permitted to be imported for pretreatment. Once the pilot concludes, after 180 days, there is no certainty those requirements would remain in place.
DUMP asserts that the current SAFF technology does not meet the highest standards for PFAS removal, and poses continued threat to the environment. Effluent discharged from the system still contains significant amounts of “forever” PFAS, proven to cause significant negative health effects in people and animals exposed to contaminated water and food.
In response to Judge Walsh’s decision, DUMP co-founder and Board Chair, Chris Jacobs, said "DUMP welcomes the decision of the Environmental Court affirming that the leachate pretreatment system will be subject to review under Act 250. That will force NEWSVT to make its case before the District 7 Environmental Commission. The people of the Northeast Kingdom will finally have an opportunity for real public participation, to identify the long-range negative impacts on the Lake Memphremagog watershed. The operation of the SAFF system- even as a pilot- is a threat to the health and safety of the environment, people and wildlife. The conversion of a pilot to a permanent leachate pretreatment system will increase the environmental burden that the operation of the state's only landfill currently represents to the quality of life of residents and the affected ecosystems."



