With waste issues piling up, Maine Legislature weighs more oversight of Juniper Ridge

As the state’s largest landfill nears capacity amid concerns about the environmental impact of possible expansion, two legislators that represent its neighboring communities are seeking greater legislative oversight for the state-owned Juniper Ridge Landfill.

The Legislature’s Environment and Natural Resources Committee held a public hearing Monday for a series of bills related to waste management, including two that seek to address and increase oversight of future use of the landfill, which straddles Old Town and Alton. The facility is owned by the state through the Bureau of General Services, which has an operating contract with NEWSME Landfill Operations, a subsidiary of the waste management company Casella. 

When Rep. Jim Dill (D-Old Town) knocked on doors before last November’s election, one of the biggest complaints he heard from residents was the poor quality of the garbage bags they must purchase to dispose of their trash. That’s why LD 1782 would require the operator of a state-owned landfill to provide free disposal of household waste for the local residents. 

However, Dill explained that his bill also seeks to address what he described as the “crisis” of the landfill soon reaching capacity by imposing new fees on the operator and requiring state agencies to develop a solid waste management plan that addresses the issues associated with Juniper Ridge. 

The committee also heard bills seeking to increase recycling of construction materials, reduce the volume of solid waste and better manage waste from wastewater treatment plants. 

The Departments of Environmental Protection and Administrative and Financial Services opposed Dill’s proposal. Since the DEP is already required to submit a waste generation and disposal capacity report in January, the department argued the additional reporting requirements in the bill would be burdensome. 

Just over half of Maine’s landfill waste ends up in Juniper Ridge, which is expected to reach capacity in 2028. The state has signaled its support for expanding the facility despite objections from environmental advocates, the local community and the Penobscot Nation, whose reservation sits just five miles from the landfill.

The Bureau of General Services has not submitted an application to expand the landfill, but Deputy Commissioner Anya Trundy said during the hearing it intends to. However, the site expansion is separate from an extension of the current 30-year operator agreement that expires in 2034. 

Trundy said that building out the landfill to its maximum capacity should allow it to operate until 2040. That is why the expanded capacity would also necessitate extending the contract with Casella so that both line up with the 2040 timeline. 

The committee also heard a bill from Sen. Mike Tipping (D-Penobscot) that, if passed, would shape the process of extending that contract. While the executive branch has so far handled the negotiations, LD 1349 would require approval from two-thirds of the Legislature for contract or contract renewal to operate Juniper Ridge. 

Maine opens door for landfill expansion despite community objections

Though the Department of Administrative and Financial Services would normally advocate for contracts to go out to bid, Trundy said doing so could sever the indemnification clause in the existing contract. Rather than giving Casella a “sweetheart deal,” Trundy said continuing the agreement holds them accountable to that clause that would leave them responsible for financial and environmental liability down the road. 

Committee members also voiced concern that requiring two-thirds support from the Legislature would be insurmountable; however, environmental organizations who testified in support of the bill were open to changing that to a simple majority because they have concerns over Casella’s operation of the landfill and welcomed more opportunity for public input. 

Maulian Bryant, executive director for the Wabanaki Alliance, spoke in support of LD 1349 over similar dissatisfaction with the landfill’s management. She said changes to air and water quality that can be affected by the landfill isn’t communicated to neighbors who can often smell the facility from their front yards. 

However, the Maine State Chamber of Commerce opposed the bill, saying that it could politicize the contract process and deter companies from doing business with the state.  

Tipping put forward another proposal that was heard Monday seeking to address forever chemicals from landfill leachate entering groundwater and surface waters. 

The legislation would require entities discharging wastewater to annually report to the DEP the origin, volume and final disposition of solid waste leachate, sometimes referred to as “trash juice.” It would also prohibit discharging any wastewater containing leachate from a solid waste landfill unless the discharge satisfies department limits to perfluoroalkyl and polyfluoroalkyl substances, or PFAS, and require third-party testing of leachate for PFAS.

Last session, the Legislature passed a bill that would have required Casella to treat PFAS in a way that ensures levels don’t exceed established drinking water standards, but the measure was vetoed by Gov. Janet Mills. The DEP later mandated that Casella install a department-approved system for treating landfill leachate for PFAS before expanding operations.