Without action, Old Town residents worry town will be ‘sacrifice zone' to Juniper Ridge
Whenever Ed Spencer sees a forecast for northeasterly wind, he and his wife brace themselves. Often, the winds carry the smell of rotting waste from Juniper Ridge Landfill, which sits less than two miles from their home.
The odor is a reminder of the fight Spencer, other environmental advocates, and members of the Penobscot Nation have found themselves in for the past two decades over the landfill that they say is polluting local waterways and causing other harms to environmental and public health without accountability.
That's why Spencer joined more than 50 others for a rally Sunday afternoon in Old Town to not only voice their concerns about expanding the state's largest landfill, but also to ask the lawmakers who represent them in Augusta to back bills that could address the contamination and injustice they feel local communities have endured.
Juniper Ridge, which straddles Old Town and Alton, is owned by the state through the Bureau of General Services, which has an operating contract with NEWSME Landfill Operations, a subsidiary of the waste management company Casella.
For Penobscot Nation member Charlene Francis, it was only fitting that the demonstration, which included a traditional water ceremony along the banks of the Penobscot River, took place under relentless rain. Because water is so sacred to the tribe, Francis said Juniper Ridge is a sore spot for her.
Locals have argued that there has been insufficient treatment of landfill leachate — water that collects chemicals after passing through the waste — which runs into the Penobscot River. They are specifically concerned about per- and polyfluoroalkyl substances, otherwise known as PFAS or forever chemicals, which are linked to a number of negative health effects like some cancers, high cholesterol, reproductive and fetal development issues, and more.
The Penobscot Nations's reservation at Indian Island, which includes portions of the Penobscot River, is located five miles downstream from the landfill.
While Francis said she tries to do her part to address the mounting trash problem by pledging to not buy anything new that isn't a necessity, others are calling on elected officials to do more.
Just over half of Maine's landfill waste ends up in Juniper Ridge, which is expected to reach capacity in 2028. The state has signaled its support for expanding the facility despite objections from environmental advocates, the local community and the Penobscot Nation.
Spencer, who is now part of the grassroots movement Don't Waste ME, which advocates for policies to protect the health of communities at risk of disposal operations, said he was almost 'forced' into the fight against Juniper Ridge when he attended a city council meeting in October 2003. Having lived in the area since 1977, at the time he shared his opposition to opening the landfill.
Almost 20 years later, Spencer said the efforts of his group, the Penobscot Nation and others is 'reaching a critical mass,' in part because of what he sees as progress on the legislative front. Spencer attended a public hearing with the Legislature's Environment and Natural Resources Committee last week about a slate of bills related to the state's largest landfill.
He also pointed to steps the Government Oversight Committee and the Office of Program Evaluation and Government Accountability have taken to investigate concerns with the landfill.
While Spencer and others at the event support some of the proposals on the table this session, including one that would require legislative approval for contracts to operate Juniper Ridge, there is concern about one related proposal that would allow more bulky solid waste to be imported to the state's landfills.
With waste issues piling up, Maine Legislature weighs more oversight of Juniper Ridge
As Spencer sees it, LD 297 would complicate the definition of what constitutes waste generated in Maine, opening the door for more out-of-state waste that would fill the landfill even faster. Proponents argue this is necessary to bring in more bulky waste to stabilize the sludge that is disposed of at the facility.
Alternately, he's hoping lawmakers move forward with two proposals from Sen. Mike Tipping (D-Penobscot), whose district covers the area.
One bill, LD 1604, seeks to address forever chemicals from landfill leachate entering groundwater and surface waters.
A representative from the Department of Environmental Protection said the agency understands people's desire to address PFAS, but opposed that bill arguing it isn't the best approach. Since the bill would require 'technically complex and challenging rulemaking,' the department said a better alternative would be to wait for the federal Environmental Protection Agency to develop pretreatment guidelines for landfills that discharge leachate.
Under Tipping's other bill, LD 1349, two-thirds of the Legislature would need to approve future operating contracts or contract renewals for Juniper Ridge, something currently handled by the executive branch.
If passed, this would be critical to the discussion about expanding and extending the life of the landfill. The environment committee is scheduled to have a work session on the bill Wednesday during which it could vote to recommend the Legislature pass the measure.
The Bureau of General Services has not submitted an application to expand the landfill, but Deputy Commissioner Anya Trundy told the Legislature last week that it intends to.
Trundy said that building out the landfill to its maximum capacity should allow it to operate until 2040, which would also necessitate extending the contract with Casella so that both line up with the 2040 timeline.
Though the Department of Administrative and Financial Services would normally advocate for contracts to go out to bid, Trundy said doing so could sever the indemnification clause in the existing contract. Rather than giving Casella a 'sweetheart deal,' Trundy said continuing the agreement holds them accountable to that clause that would leave them responsible for financial and environmental liability down the road.
Spencer said that argument 'shows how irresponsible the state was in the first place.' He believes involving the Legislature would lead to more responsible decision making in any future contracts for Juniper Ridge.
Otherwise, he said, 'Old Town becomes a sacrifice zone.'
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