The Hudson Board of Selectmen were presented with a proposed policy during its most recent meeting about the rules and procedures for the use of the landfills in town.
“The town is currently dealing with the consequences of unapproved alterations of the West Road capped landfill,” Town Engineer, Elvis Dhima, wrote in a memo to the Board of Selectmen. “While it’s unclear of exactly what happened, it clearly appears that there was no written communications between town departments and the NH Department of Environmental Services (NHDES).”
He said because of what is taking place right now regarding the landfill, they were looking to create landfill rules and procedures.
“To make sure this doesn’t happen again in the future, a procedure is warranted for both of our landfills,” Dhima said.
Dhima said moving forward, the requests would go through the engineering and public works departments.
“The Engineering Department, which is the department in charge of the reporting compliance, and enforcement of the landfill obligations, will receive all future requests and consult with the Department of Public Works, which assists with compliance and maintenance,” he wrote in a memo.
Dhima explained that if both departments agree on the proposed activity at the landfill, and the Board of Selectmen also agree “then an official request will be made to the NHDES regarding the proposed activity by town staff.”
“If a written approval from the NHDES is received regarding the proposed activity, then the request will be presented to the Board of Selectmen for approval of the activity and the agreement between the Town of Hudson and the third party,” Dhima wrote.
The policy states that “Town of Hudson owns and is responsible for two landfills located on West Road and Burns Hill. Both landfills are closed to the public and have restrictions on them.”
For the West Road Landfill, the policy states that it is a “capped landfill with a closure permit dated 10/2/1992,” and has the following restrictions related to post closure activities:
- The facility shall be closed in accordance with the closure plans approved by the Department of Environmental Services, Waste Management Division, referenced under Section II of the permit.
- Closure Design of the Hudson landfill was approved by letter dated Sept. 8, 1989, from the Department of Environmental Services, Waste Management Division to the Town of Hudson in accordance with materials referenced in Section II of the permit
- The closed facility shall be maintained in accordance with the plans referenced under Section 11 of the permit.
- Facility Closure shall comply with Parts WM 308, 311 and 312 of the Rules.
- The permittee shall comply with the conditions set forth in the groundwater permit #GWP-8905- 121r1, issued June 20, 1989.
For the Burns Hill Landfill, it states that “This is a landfill with a notice of activity and use restriction dated Nov. 16, 2006, with the following restrictions related to post closure activities:
- Any activity, including, but not limited to excavation, which is likely to disturb waste materials.
- Use of restricted areas as a residence, schools, day care, nursery, recreational area, such as parks or athletic fields, or any other use at which a child’s presence is specifically intended.
- Existing briars and other vegetation shall restrict access to the southern slope. Vehicles’ access to the top of the restricted area will continue to be provided by strategically placed boulders.
- Maintain existing cover materials that limit access and exposure to waste material.
The policy also states that the landfills “shall be accessible only by authorized staff, such as Town staff, NH Department of Environmental Services (NHDES) and authorized and approved consultants and contractors by the Town or NHDES.”
Under proposed changes in activities the policy explains that if someone, or an organization wants to make a request for a proposed use “that does not violate any of the listed restrictions, they can do so by filling out the Request for Landfill Activity and submit it to the Hudson Engineering Department for review.”
“No proposed activities will be valid, until all four parties, including the Engineering Department, the Public Works Department, NUDES and Board of Selectmen have approved and signed off on the proposed activity and form,” the policy states.
As part of the policy, it states “There is no appeal process to the proposed activity at the landfills,” which lead to some questions about whether or not there is any option for someone to appeal if NHDES says yes, but town staff says no regarding the use of either landfill.
Dhima explained that the intent of the appeal language is so people can’t keep going back to try get the decision reversed, for example, if new members of the Board of Selectmen were elected.
“This should be based on a technical decision,” he said about appeals.
Dhima also explained that if a use at one of the landfills isn’t recommended by Public Works or the Engineering departments, then he wouldn’t recommend they approve it.
One concern raised was in regard to what the process would be for the Board to review it, and or approve it in some capacity.
Dhima said he can explain in a correspondence that a request was submitted but it shouldn’t go further than that based on what is allowed there as an allowable use or not.
One change to the policy that the Board of Selectmen agreed on, and will be changed, is to add language stating that there would be correspondence to the Board of Selectmen that a determination was made for use of the property and the reasons for it, for the BOS to review.
The Board of Selectmen unanimously approved the amended version of the policy.