Washington bill would fine noncompliant landfills; Waste Connections faces lawsuit
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A Washington bill that could add a new level of approval to landfill permits and give local authorities the ability to enforce fines for noncompliance has reached the governor's desk. If approved, it would increase scrutiny of facilities that community groups say is overdue.
The bill would apply to any permits issued after Aug. 1, 2027, and would require the Department of Ecology to give the final approval of any landfill permit. The department would have the ability to deny or require amendments to such permits, which a local health department could opt to appeal.
Either the Department of Ecology or local health departments could also issue a daily fine up to $5,000 for the first two weeks a landfill is in non-compliance with its permit, which can increase to up to $10,000 per day after that time period.
Finally, the bill would require local health departments to submit lists of landfill violations to the Department of Ecology every five years, beginning in 2026.
The state legislature sent HB 1154 to Gov. Bob Ferguson on April 23. The governor has 20 days after that date to sign the bill into law. His office did not respond to a request for comment.
HB 1154 earned support from legislators amid ongoing landfill issues, including two fires in Yakima County.
The bill has been supported by groups like Friends of Rocky Top, a community organization that has criticized management of the Anderson Landfill in Yakima that was acquired by DTG Recycle in 2019. The company, itself bought by Macquarie Asset Management in 2022, had to close the facility for more than a year and reopened it in December. Macquarie did not respond to a request for comment.
Scott Cave, a lobbyist who works with Friends of Rocky Top and supports the bill, said the existing system to regulate landfills doesn't work. Local health departments are typically tasked with approving permits and enforcing compliance, but they lack the resources to do so effectively, he said.
'There was no tool in the tool shed for local governments to say, 'Hey, bring this into compliance,'" Cave said. He said the bill, if signed, could change that.
A lawsuit seeking to halt expansion of the Bethlehem Landfill in Pennsylvania can proceed, Northampton County Judge Abraham Kassis ruled on April 16. The ruling dismisses several motions to dismiss charges brought by Bethlehem Landfill Co., a subsidiary of Waste Connections.
The lawsuit was brought against the company by a residents group and is supported by Bethlehem Township and a local hospital campus. Lower Saucon Township, which approved a zoning change to remove a conservation easement and allow the expansion, is also a defendant.
The expansion plan would involve 86 acres of new disposal area, Lehigh Valley News reported. In order to facilitate that expansion, the township voted to remove conservation easements across more than 200 acres of forested area on the landfill's northeastern border.
That action drew objections from nearby residents, leading to the lawsuit. Waste Connections must now respond to the merits of the lawsuit following the judge's ruling.
The landfill has paid more than $2 million in host fee payments and funds 25% of the Lower Saucon Township budget, according to a company website.
A local planning commission recommended Cumberland County, Virginia, deny plans for a new landfill serving the central and southwestern portions of the state. The facility proposed by an affiliate of GFL Environmental, would accept up to 1,500 tons per day of MSW, C&D waste and certain industrial wastes, but threatens a historic school, according to community groups. (WRIC)
Meanwhile, Hanover County, Virginia's board of supervisors approved the expansion of the Ashcake Road Landfill. The landfill is owned by Leadbetter, and would add about 30 acres of construction waste disposal. (WRIC)
A class action lawsuit filed by three residents of Tontitown, Arkansas, alleges that WM's Eco-Vista Landfill has harmed the plaintiffs' daily lives and property values with 'noxious orders.' A lawyer for the residents said they were unsuccessful in seeking relief through government channels. (5 News)
Casella has filed a lawsuit against the New Hampshire Department of Environmental Services for denying a permit for the proposed Dalton Landfill project. The case centers around the regulator allegedly closing the application because it was incomplete. (Concord Monitor)
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