Environmental Law Group to Sue Central Landfill for Clean Air Act Violations

The Conservation Law Foundation plans to sue the owners of the Central Landfill in Johnston for violations of the clean air act.

In a release, CLF said it sent 60-day notice letters, which were mailed Thursday and state that the owners and operators of the facility have violated emission standards under federal law by venting raw, untreated landfill gas directly to the atmosphere.

The lawsuit will seek to hold the facility owners accountable for controlling regulated pollutants from the landfill, including methane, volatile organic compounds (VOCs), and hydrogen sulfide, all hazards to public health, safety and the environment. Also noted, the facility has also been operating for 16 years without a permit required by the Clean Air Act, according to the CLF.

“Venting raw, untreated landfill gas directly to the air, is most definitely a violation of the laws that apply to landfill gas system operators at landfills,” said Tricia K. Jedele, Vice President and Director of Conservation Law Foundation in Rhode Island. “These owners and operators have gotten away with polluting Rhode Island’s air and endangering our communities for far too long. The time has come to hold them accountable.”

In the 60-day notice letter, filed June 18, CLF cites emissions of harmful gases from the landfill, including methane, volatile organic compounds (VOCs), and hydrogen sulfide, in excess of the amounts s allowed by law, as hazards to public health and safety and the environment. CLF’s lawsuit will seek to hold the landfill’s owners and operators accountable for controlling regulated pollutants from the landfill in compliance with the Clean Air Act. The notice letter also states that the facility owners and operators are running the landfill and the gas collection and treatment system without a permit required by the Clean Air Act.

Ms. Jedele continued, “The landfill has been operating illegally for 16 years, which is inexcusable and irresponsible. The entire purpose of having an operating permit is to protect public health and safety. This facility, which includes the landfill and the gas-to-energy plant, needs to be able to give the public a sense of certainty about whether it is meeting the standards it is supposed to be meeting. Clearly, it is not.”

CLF can file its lawsuit any time after the 60-day notice period.