Williston VT (12/29/2020) – Settlement includes payment of $178,393 to the State of Vermont and $222,000 for environmental project to benefit Vermonters
Vermont Business Magazine Attorney General TJ Donovan today announced that Chittenden Solid Waste District (CSWD) has agreed to pay over $400,000 for its disposal of recyclable processed glass at three locations on its Williston, Vermont property. CSWD will also post information on its website and publications to ensure that it is being transparent with the public about what happens to glass sent to CSWD for recycling.
The settlement agreement, filed with the court today, resolves the enforcement action brought by the State of Vermont against CSWD for disposing of processed glass. Under the agreement, CSWD admits that it received the glass for recycling and processed it, then used some of the processed glass in a landfill cap and to level off a compost area.
The remaining processed glass – over 15,000 tons – was deposited over a bank at the end of Redmond Road, but CSWD reported to the State that the glass had been “transferred off-site” for use in “local projects.”
The State alleges that these activities violated Vermont’s Solid Waste Management Rules and Act 250.
The Agency of Natural Resources and Vermont Natural Resources Board investigated the allegations against CSWD and worked closely with the Attorney General’s Office in support of the settlement.
“Vermonters care about our environment and recognize the value of recycling,” said Attorney General Donovan. “Vermonters deserve to know—and should be able to trust—what happens to the glass they put in the recycling bin. No one expects it to end up in a pile over the bank.”
Although the Agency of Natural Resources believes that processed glass itself is nontoxic and that it does not cause significant environmental harm, the State’s concern is that public confidence in recycling could be undermined by these alleged violations.
“The Department of Environmental Conservation, through Solid Waste Program, has worked in partnership with the Solid Waste Districts, Alliances and independent towns over the years to promote and encourage the recycling of our valued natural resources,” said Peter Walke, Commissioner of the Department of Environmental Conservation. “The actions in this case shake Vermonters’ trust in our recycling system. We are glad to see our environmental laws upheld and will continue the important work of advancing our recycling programs.”
“It’s good that CSWD has agreed to withdraw its Act 250 appeal, which will leave jurisdiction in place,” said Diane Snelling, Chair of the Natural Resources Board. “This settlement agreement also imposes a substantial penalty and makes sure that no economic benefit resulted from these activities.”
CSWD stopped disposing of the processed glass in these locations in March 2018, and instead made it available for use in construction projects as an aggregate material, consistent with Vermont law, and has since reported the destination of its processed glass more accurately. The State believes that CSWD avoided significant costs of having the glass processed and recycled properly over previous years.
The settlement agreement requires CSWD to pay $78,000 in penalties, $393.24 in enforcement costs, and $322,000 to account for the economic benefit that accrued to CSWD from avoiding costs of properly recycling the glass.
Of the $400,393.24 settlement, CSWD will pay $178,393.24 directly to the State of Vermont and will pay the remaining $222,000 in economic benefit over six months to fund one or more supplemental environmental projects that will more directly benefit the public.
CSWD will work with the State to find appropriate projects. In the event that the supplemental environmental projects are not funded within the six-month timeframe as provided in the settlement, the supplemental environmental project money is converted to civil penalties and immediately payable to the State.
CSWD will also post information on its website and publications to ensure that it is being transparent with the public going forward about what happens to glass sent to CSWD for recycling.
Under the terms of the settlement, CSWD has agreed to withdraw its appeal of a decision finding Act 250 jurisdiction, leaving Act 250 jurisdiction in place, and agreed to withdraw its applications to the Agency of Natural Resources for after-the-fact permits for the three disposal sites. The settlement agreement will be held for 21 days before the court enters it as a final order to permit any public participation as allowed by the Vermont Rules of Civil Procedure.
VPIRG Executive Director Paul Burns issued the following statement:
“CSWD has violated environmental regulations and the public’s trust by collecting material meant for recycling and then secretly dumping thousands of tons of processed glass in unapproved locations for years. There can be no doubt that CSWD officials knew that dumping the glass was wrong, but the threat to the environment is just part of it.
“The credibility of CSWD officials is hanging by a thread at this point. They repeatedly failed to mention to their customers and to various state and local officials that they had essentially been dumping glass over the side of the road for years.
“Residents and businesses that separated their glass for recycling have every reason to be outraged by the District’s actions. CSWD is responsible not only for harming the environment but for shaking the public’s confidence in Vermont’s critical recycling programs too.
“This agreement will require CSWD to pay significant fines and force them to disclose what’s happening with their glass in the future. That’s good, but it’s a shame that a legal agreement with the Attorney General is required for CSWD to tell the truth.
“VPIRG urges CSWD officials to go further – to apologize to their customers and to all Vermont residents. They should vow never to violate environmental regulations again, and instead support the expansion of programs for glass recycling that work well, such as Vermont’s successful Bottle Bill.
“While secretly dumping glass they claimed to be recycling, CSWD officials have opposed Bottle Bill expansion efforts supported by Vermont consumers and environmentalists. With this agreement today, let’s hope CSWD really changes course and stops standing in the way of recycling that works.”
https://vermontbiz.com/news/2020/december/29/cswd-pay-400k-settle-glass-disposal-enforcement-case
