The Maine Department of Environmental Protection has issued a draft decision that alludes to their planned approval of the Juniper Ridge Landfill Expansion application. Juniper Ridge Landfill (JRL) is a state-owned, Casella-operated landfill located just upriver from the Penobscot Nation Reservation.
“Juniper Ridge affects so many waterways and areas of our homelands that are crucial to our culture of hunting and fishing and harvesting from the land,” said Penobscot Nation Tribal Ambassador Maulian Bryant.
In 2022, legislation was passed that closed a loophole that had allowed out-of-state waste to be entered into JRL. Up to that point, out-of-state waste composed nearly a third of the landfill’s bulky materials. Despite this legislation, following a fire at the landfill in 2023, Casella lobbied the Maine state legislature to postpone the legislation, citing the need for more landfill debris. This request was granted by the Maine legislature.
Based on data from 2021-23, JRL’s leachate tested positive for high levels of PFAS. PFAS are a class of 15,000+ chemicals that don’t break down in the environment, known colloquially as “forever chemicals.” They are often found in weatherproofing and water-resistant materials, as well as in construction debris.
The leachate at JRL also contains neurotoxins such as methyl-mercury. The leachate is processed and dumped into the Penobscot River just downriver from the Penobscot Nation reservation at the ND Paper Mill in Old Town. In its draft decision, the DEP acknowledges that “ND OTM, LLC’s wastewater treatment facility does not specifically include treatment for PFAS.”
Despite these findings, the DEP states in its draft decision, ”The Department finds that expansion of JRL is not inconsistent with ensuring environmental justice for the community in which the facility is proposed.”
Penobscot Tribal Ambassador Maulian Bryant has stated, “The health and well-being of the River has a direct and absolute effect on the health and well-being of our Tribal citizens.. ..the expansion of Juniper Ridge under Casella perpetuates harms against the Penobscot Nation, who are the original stewards of these lands and waters dating back over 10,000 years. We add our voice to the assertion that there is no public benefit to this expansion, quite the opposite.”
Upon issuing its draft decision on Monday, September 13th, the Maine Department of Environmental Protection set a public comments deadline for Friday, September 20th, in advance of the DEP’s own set deadline for a final decision by Monday, September 23rd.
The Conservation Law Foundation (CLF), who has formally opposed the expansion of Juniper Ridge Landfill in a joint letter with the Penobscot Nation, has formally requested that the DEP extend its deadline to adequately allow for public response to the draft expansion approval. The Conservation Law Foundation further emphasizes that another extension of the Public Benefits Determination (PBD) timeline is consistent with the State’s “Environmental Justice” definition, which the State of Maine is required to consider under Maine law.
“ ..this PBD application is of significant interest to many members of the community and State. The relevant Maine statute governing a PBD defines “environmental justice” as “includ[ing] the equal protection and meaningful involvement of all people with respect to the development, implementation and enforcement of waste management laws, rules, regulations and licensing decisions.” CLF believes that the “meaningful involvement of all people” includes the public’s ability to have enough time to provide comments on MEDEP’s Draft PBD, and for MEDEP to have time to adequately review and consider those comments, as required by law. MEDEP conducting meaningful involvement with the public would be difficult to do within the current timeline.”
| “The Application does not meet the necessary criteria for a positive determination because it runs contrary to the State’s Solid Waste Management Hierarchy, and because it would further deprive the public, in particular the Penobscot Nation, of the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment. As it stands, the Commissioner must issue a negative determination.” (Conservation Law Foundation & Penobscot Nation, letter to Maine DEP, 7/31/24, page 2.) |
| The current deadline to submit public comment to the DEP on its draft Public Benefit Determination for the expansion of Juniper Ridge Landfill is this Friday, September 20th, 2024. Comments should be directed to Karen Knuuti at [email protected] or by US mail to Karen Knuuti, DEP, 106 Hogan Road STE 6, Bangor, ME 04401. |
