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History of the Landfill Since 1976
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1976:
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Harold Brown gets variance for 400x400 (3.82 acre) "landfill dump"
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1983:
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Roy Sanborn of Sanco buys landfill and five abutting acres from Brown
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1983:
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Danny Tucker discover "seep" on his property.
Sanco buys remaining Brown land.
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7/85:
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Sanco applies to ZBA for a special exception for 14 acre landfill.
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9/85:
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ZBA denies special exception; Sanco files for rehearing; Sanco handout says "area of expansion is 14 acres".
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1/86:
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ZBA issues special exception, tied to 23 conditions. Exact acreage is not stated, but "expansion area" is referred to frequently; Sanco receives State permit (not town) for 1.3 acre "extension" of original landfill for use while awaiting State permits.
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3/87:
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Bethlehem voters approve a zoning amendment limiting future landfills to town-owned only.
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6/87:
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Sanco receives State permit for 18 acre landfill; special exception was for 14 acres.
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10/87:
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Citizens group AWARE challenges 1.3 acre extension; ZBA finds it not consistent with variance area; Sanco appeals to Superior Court.
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10/88:
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Superior Court sends case back to ZBA.
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4/89:
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DES issues approval of plans for 7.6 acre Stage II.
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9/89:
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Consumat Systems acquires Sanco and forms Consumat Sanco.
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1991:
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Sanco negotiates with ZBA for approval for Stage II in exchange for limiting future expansion.
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2/92:
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AWARE contests settlement, stating that as a party to the case, they were excluded.
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3/92:
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Voters approve new zoning amendment restricting expansion of landfills in town.
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4/92:
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Superior Court finds for AWARE that settlement is unacceptable.
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1/93:
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ZBA finds 1985 special exception covers 14 acres, not 18, and asks selectboard to enforce.
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4/93:
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Sanco files suit to overturn the ZBA 14-acre decision.
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9/93:
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Sanco starts filling contested 4 acres.
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10/93:
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Selectboard does not act on ZBA request for enforcement; ZBA seeks restraining order in Superior Court.
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3/94:
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Voters reject article to negotiate with landfill owners.
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4/94:
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Superior Court denies ZBA restraining order, ruling that ZBA does not have authority for such a request. There is no ruling on the 14/18 acre question.
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7/94:
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Casella purchases Consumat Sanco.
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3/97:
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Zoning amendment to allow landfill expansion is defeated.
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10/97:
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Casella goes public.
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11/97:
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Stage I is capped.
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7/98:
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Casella writes NHDES stating that "no further local permits are necessary".
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7/98:
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Casella applies for Construction Permit for Stage II, Phase II; a copy delivered to the town hall remains unopened until mid-September.
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7/98:
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Casella does secondary stock offering, and states in prospectus that if a zoning amendment vote in 1999 does not pass, they will close the landfill.
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8/98:
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Casella resubmits prospectus with identical statement.
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9/98:
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Casella receives construction permit and commences construction "We have more than the town of Bethlehem to think about" states Jim Bohlig of Casella.
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10/98:
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Casella Waste Systems' subsidiary NCES files suit against the Town of Bethlehem claiming among other things that the zoning ordinance is illegal, and the 50 cents/ton paid to the town is an illegal exaction. Lawsuit is filed the day after the selectmen voted to seek injunction.
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11/30/98:
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Superior Court hearing is held.
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2/1/99:
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Judge Fitzgerald rules that NCES has the right to landfill their 10 and 41 acre parcels, but not their 36 acre parcel. The town later requests a reconsideration and clarification.
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3/99:
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Voters once again reject a zoning amendment that would allow landfill expansion.
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3/22/99:
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The reconsideration and clarification leaves the decision essentially the same.
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4/99:
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The selectboard votes 3-0 with one abstention to appeal Judge Fitzgerald's decision to the NH Supreme Court. David Wood is absent, but indicated in a letter to the Courier that he too would vote to appeal. John Wedick abstains, but later changes his vote to a "no".
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8/99:
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Judge Fitzgerald rules that the 50 cents per ton payment to the town is unlawful. The Town appeals the decision.
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10/99:
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The NH Supreme Court accepts the case.
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12/99:
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NCES submits an application for Stage III, a 6.5 acre expansion, to DES. They do not apply to the Town. Their application is for 2700 tons/week.
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3/00:
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Bethlehem voters approve an ordinance limiting the height of landfills in town to 95'.
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4/00:
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DES holds a public hearing in Bethlehem. Approximately 100 townspeople attend with none speaking in favor of the expansion.
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4/00:
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Commonwealth Bethlehem Energy, LLC, applies to NH DES Air Resources Division to install an enclosed flare with leachate injection system at the landfill. Leachate will be sprayed into a flare and burned, with nearly half of the chemicals "entrained in the gases and emitted to the atmosphere".
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5/00:
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NCES is assessed fines of $134,500 by DES for violations of the NH Hazardous Waste Rules relating to the treatment and transport of their leachate. DES offers a settlement of $17,500.
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7/00:
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NH DES issues the Standard Permit and Construction Permit for Stage III.
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10/00:
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Construction of the leachate flare is commenced without a State permit, and without a Town Building Permit.
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11/00:
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NH DES Air Resources issues the permit for the leachate flare.
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11/00:
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Jim Bohlig of Casella Waste Systems, tells investors in a conference call that when the Operating permit is issued, NCES will ramp up its daily tonnage from 500 tons per day to 1000 tons per day. Recall that their permit application (12/99) stated 2700 tons per week.
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12/22/00:
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NH DES issues the operating permit for Stage III. DES acknowledges that NCES has been accepting waste without a valid permit and placing it in unpermitted airspace, and in fact acknowledges that they first witnessed this in August.
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1/10/01:
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Oral Arguments are heard in the Bethlehem v. NCES and NCES v. Bethlehem cases at the NH Supreme Court.
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5/01/01:
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NH Supreme Court upholds Superior Court decision. Status of landfill is now that they can landfill the 10-acre and 41-acre parcels, but that there are NO local approvals in place for the 36-acre parcel.
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9/12/01:
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Casella files suit against the town claiming that our zoning ordinance is illegal, that even if it's legal, state law preempts it anyway, and that the Town has been engaged in a scheme of harassment against the landfill.
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11/2?/01:
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Casella/NCES amends their lawsuit to include allegations that the Town harassed them by singling out their property for reassessment.
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03/02:
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Casella applies to NH DES for a full exemption from property taxes under RSA 72:12a, which allows for exemptions for Pollution Control Facilities. As of January 17, 2003, no decision has been reached on this application.
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12/16-20/02:
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The court hearing is held. A decision is expected in March or April of 2003. Judge Burling issues a ruling eliminating the charge of harassment by reassessment, as the landfill had not sought proper recourse (i.e. applied to the Selectboard for an abatement) prior to filing suit on the issue.
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9/12/01:
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Casella files suit against the town claiming that our zoning ordinance is illegal, that even if it's legal, state law preempts it anyway, and that the Town has been engaged in a scheme of harassment against the landfill.
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DATE |
CASE NUMBER |
REGARDING |
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1/24/02:
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01-E-0177 NCES II
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NCES files Interrogatories, request to produce requests for admissions by 2/23/02.
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2/14/02:
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Liquid Gas Utilization Facility (LGUF)
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Commonwealth Bethlehem Energy files for a permanent leachate incinerator permit. Once filed the LGUF operates under DES interim status until a decision on the permit is made. As of 10/1/04 the permit has still not been approved.
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3/8/02:
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RSA 72:12-a Tax Exemption
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NCES applies to NH DES for a full exemption from property taxes under RSA 72:12a, which allows for exemptions for Pollution Control Facilities.
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3/02:
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2002 Town Warrant
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NCES files a Motion to settle all litigation pending between the Town and NCES fails.
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3/17/02:
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01-E-0177 NCES II
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NCES files a Request for Admissions.
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9/20/02:
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01-E-0177 NCES II
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NCES deposes the custodian of records for Environmental Action for Northern New Hampshire.
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10/7/02:
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01-E-0177 NCES II
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NCES files a Rule 170 Mediation Statement an action for Declaratory Relief for the Town to pay their attorney's fees.
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12/5/02:
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01-E-0177 NCES II
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NCES files a Brief in support of a Petition for Declaratory.
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12/16 - 20/02:
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01-E-0177 NCES I
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Judge Burling presides over NCES II and issues a ruling eliminating the charge of harassment by reassessment, as the landfill had not sought proper recourse (i.e. applied to the Select Board for an abatement) prior to filing suit on the issue.
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1/24/03:
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H.B 282
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NCES mails letters to towns in the Pemi-Baker Solid Waste District full of propaganda against local control HB 282.
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3/14/03:
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RSA 72:12-a Tax Exemption
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DES issued a decision that determines 9% of the 19 million dollars NCES in improvements the corporation has made to the 51 acres meets the pollution control requirements for local property tax exemption.
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4/11/03:
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RSA 72:12-a Tax Exemption
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NCES submits a Motion for Rehearing of the 3/14/03 DES property tax exemption decision.
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5/23/03:
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RSA 72:12-a Tax Exemption
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NCES files a Motion to Strike the report made by Aries Engineering, an expert witness working for the Town.
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5/27/03:
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01-E-0177 NCES II
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Judge Burling rules against bad faith and that landfills regulated by RSA 149-M require local permits before DES approval.
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6/3/03:
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2003-337 NCES II Supreme Court
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NCES files a Reply in Support of Motion for Expedited Treatment.
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6/25/03:
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2003-337 NCES II Supreme Court
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NCES files an Assented-to Motion to Treat Notice of Appeal as Filed NUNC PRO TUNC.
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6/30/03:
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2002 Abatement
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Select Board denies NCES 2002 Property Tax Abatement.
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7/7/03:
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03-05-WMC Stage IV permit appeal
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NCES files an Objection to Motion for Rehearing.
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8/4/03:
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NPAF # AF093_11 DES Enforcement
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NCES requests and receives a reduction in DES fines.
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8/11/03:
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2003-337 NCES II Supreme Court
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NCES files a Brief for Appellant & Appendix to Brief for Appellant.
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8/28/03:
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2002 Abatement
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NCES files an Appeal to the Board of Land & Tax Appeals.
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9/2/03:
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Stage III Type I-B Permit
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Letter to DES arguing against a Public Hearing for the Stage III I-B Permit Modification Application.
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11/3/03:
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1987 Special Exemption 23 Conditions
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Refused to allow well testing observation under the 1987 Special Exemption Conditions 22 or 5.
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1/5/04:
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RSA 72:12-a Tax Exception
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The DES decision regarding local property tax exception for pollution control facilities applying to the commercial NCES landfill goes from 8% tax exempt to 85%.
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1/7/04:
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2003-337 NCES II
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Oral Arguments are heard in the Bethlehem v. NCES and NCES v. Bethlehem cases at the NH Supreme Court.
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2/17/04:
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RSA 72:12-a Tax Exemption
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NCES files an Objection to Bethlehem's Motion for Rehearing On the 85% of the landfill that was ruled as a pollution control facility. DES upheld the NCES Motion to deny Bethlehem a rehearing on May 26, 2004.
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3/1/04:
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2003-337 NCES II Supreme Court
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NH Supreme Court upholds Superior Court decision for local control beyond the 51 Acres The 1992 ordinance limiting private landfills but allowing the Town to operate a municipal facility, is remand back to the Superior Court.
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3/18/04:
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2003-337 NCES II Supreme Court
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NCES files a Motion for Rehearing and Reconsideration.
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3/22/04:
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2003-337 NCES II Supreme Court
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NCES files an Objection to the Motion to Reconsider & Clarify.
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4/21/04:
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2003-337 NCES II Supreme Court
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NCES files an Appeal from Decision of Grafton Superior Court.
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4/30/04:
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2003-625 Stage IV permit WMC appeal
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NCES files an Objection to Motion to Stay Appeal.
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5/14/04:
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01-E-0177 NCES II Remand
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NCES files a Motion to Disqualify.
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6/04:
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Liquid Gas Utilization Facility (LGUF)
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Title V Operating permit Application is filed for the LGUF by NCES.
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6/21/04:
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01-E-0177 NCES II Remand
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NCES request to depose Harry Dixon, Carol Strobel, Nancy Hartshorn, Ted Wilkinson, Sara Mike, Bob MacLean, Steve Huntington, David Wood, & Leslie Dreier.
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7/1/04:
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2003-625 Stage IV permit WMC appeal
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NCES files a Motion for Partial Dismissal.
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7/1/04:
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2003-625 Stage IV permit WMC appeal
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NCES files a Motion to Strike.
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7/16/04:
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2003-625 Stage IV permit WMC appeal
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NCES files a Objection to Motion to Supplement the Record.
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8/6/04:
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01-E-0177 NCES II Remand
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NCES files a Request to produce documents by 9/5/04.
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8/10/04:
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01-E-0177 NCES II Remand
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NCES files a Request for second set of interrogatories by 9/9/04.
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8/11/04:
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01-E-0177 NCES II Remand
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NCES files a Motion of Interlocutory Appeal from Ruling.
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8/20/04:
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01-E-0177 NCES II Remand
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NCES files for David Wood & Sara Mike deposition request.
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8/26/04:
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01-E-0177 NCES II Remand
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NCES files a Motion for Interlocutory Appeal.
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9/1/04:
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01-E-0177 NCES II Remand
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NCES files an Assented-To Motion for Extension of Time to File Objection.
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9/2/04:
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01-E-0177 NCES II Remand
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NCES files an objection to the motion to Quash and motion for protective order.
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9/14/04:
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2003-625 Stage IV permit WMC appeal
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Oral Arguments are heard in the Stage IV Waste Management Council Rehearing at the NH Supreme Court.
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9/21/04:
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01-E-0177 NCES II Remand
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NCES Deposes David Wood, Sara Mike, John Seely, and Steve Huntington.
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9/28/04:
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01-E-0177 NCES II Remand
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Judge Burling presides over a Hearing on Motion for Interlocutory Appeal asking for her to be recused from this Supreme Court case. Appeal is granted and the NCES II Remand is stayed until the Supreme Court decides the case, or denies hearing the appeal.
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