BERLIN — House Bill 707 will create a site evaluation committee to consider new landfills and their local impact. But supporters of the Dummer Yard Project say the bill jeopardizes their project.
“It’s going to kill that project,” said Milan businessman Robert Chapman, who owns land abutting Dummer Yard.
“I want to express my strong concern about the potential impact of this bill on the project led by LFOD Northwoods,” said Berlin Mayor Robert Cone. “This project is crucial for our community, especially considering the extensive research conducted by LFOD that highlights the contamination issues at Dummer Yard,” he added.
Passed by the Legislature, an amended HB 707 establishes a seven-member site evaluation committee to review and approve applications for landfills. The committee must be formed by July 1, 2027, and approvals are suspended until committee rules are adopted. Gov. Kelly Ayotte has said she will sign the legislation.
“The recent passage of HB 707, coupled with Gov. Ayotte's willingness to support it, raises significant worries that it could jeopardize not only the Dummer Yard initiative but also the availability of surplus land for much-needed housing and industrial development,” Cone said.
Chapman said LFOD has spent lots of time and money studying the Dummer Yard landfill.
Established more than a century ago, the landfill served as the paper mill’s dumping ground. It has been abandoned since 2002. The old landfill contains six piles of sludge, bark boiler ash, wood waste and papermaking chemicals that combine to create toxic leachate. The landfill currently produces four million gallons of leachate, which the city treats at its wastewater treatment plant.
James Martin, public information officer for the Department of Environmental Services, said there still is a current owner who is responsible for the Dummer Yard property.
The N.H. Secretary of State’s office lists Pulp of America, LLC, as the owner but states it under administrative suspension. Funds set aside by the bankruptcy court for maintenance of the property have been depleted.
LFOD officials say HB 707 is an important step forward for the state by reviewing all proposed landfills with the cost of all studies and investigations borne by the applicant.
DES will also monitor the construction and operation of the facility, allowing municipalities to regulate landfills with local zoning rules. The bill is supported by the North Country Alliance for Balanced Change, which opposes a proposed landfill by Casella Waste Systems near Forest Lake State in Dalton.
But LFOD and Cone argue the bill fails the city of Berlin by suspending approvals for one year while the solid waste site evaluation committee is formed. LFOD said the bill also adds additional review costs that put the project at risk.
Supporters and LFOD contend Dummer Yard is a remedial project and not a new landfill. They say it is the clean-up of an abandoned landfill that has spewed millions of gallons of toxic leachate for years — some into neighboring lands and the Androscoggin River.
“It’s alarming to know that the site is poisoning our groundwater and posing risks to wildlife and residents,” Cone said.
Chapman and Cone said they would like to get a group of local leaders and business people together to talk to Ayotte and state officials about amending HB 707 to allow an exemption for remedial projects.
“The state and city should prioritize remediation efforts rather than allowing legislative actions to hinder progress. We need to advocate for solutions that protect our environment and ensure the health and safety of our community,” Cone said.
LFOD officials have met with local leaders and the Berlin Economic Development Corporation to talk about using surplus land at the site. Key recommendations are housing for middle income families and space for commercial ventures.
Martin said the Legislature has already passed HB 707 and it is too late to amend the bill in this session, which concludes in a week or two. He said any changes would have to wait until 2027.
As designated by HB 707, membership of the solid waste site evaluation committee includes the chair of the New Hampshire Waste Management Council, as chair of the committee; the commissioner of the New Hampshire Department of Business and Economic Affairs or a designee; the commissioner of the New Hampshire Department of Environmental Services or a designee; and additional and alternate members appointed by the governor and Executive Council. Those include a member of a local conservation commission, a person with expertise in the private waste industry, a person with expertise in municipal planning and a person with environmental expertise.