Two appeals filed to overturn LURC's rezoning for new dump

Two appeals have been filed in Washington County Superior Court seeking a review of the decision by the Land Use Regulation Commission (LURC) to rezone 120 acres in Township 14 to allow for the construction of a construction and demolition debris (CDD) landfill by Marion Transfer Station Inc. The appeals were submitted by the Clean Water Coalition and Nancy Oden of Jonesboro and by Barbara Lapham of Marion.

The Clean Water Coalition's appeal sets forth seven counts for why the decision should be overturned. The appeal states that the LURC staff, in writing their proposed decision for the commissioners, failed to use any of the testimony from the Clean Water Coalition or other citizens with expertise relating to the proposed landfill and never visited the proposed dump site. The appeal also alleges bias by one of the LURC commissioners, since he appeared to support the rezoning before all of the evidence was presented. The appeal also states that a letter from the Washington County commissioners was misinterpreted by LURC. A letter the commissioners sent to LURC stated that they supported the "process," but a clerical error resulted in the statement being changed indicating that they support the "project." In addition, the appeal argues that the rezoning should have been denied because all dumps leak, and the proposed landfill is next to significant wetlands, Class A salmon streams, an important aquifer and two large lakes.

Financial and legal questions are also raised in the appeal. The Clean Water Coalition notes that the financial backers were not named and argues that Marion Transfer Station Inc. is not legally permitted to own a commercial waste disposal facility because it is a nonprofit corporation.

Barbara Lapham, in her appeal, points to new evidence that she says LURC staff did not consider, as the commission declined to reopen the record. According to Lapham, the evidence proves or strongly suggests that Marion Transfer Station Inc. misled LURC, or LURC had misled the public, in a previous LURC development permit for the existing CDD landfill operated by Marion Transfer Station. LURC's decision in granting that permit states that the facility "will accept waste primarily from member towns in Washington County," while it actually has received most of its waste from beyond Washington County.

Other new evidence points out that the application to LURC for the rezoning for the new landfill is "not a lawful corporate action, as it had never been voted on and approved by the MTS Inc.'s governing body." LURC staff, though, had responded that "the eligibility of an entity to file an application to LURC is not a criterion in the commission's review criteria."

Lapham also refers to information from Julien Girard of Marion that the distance from the proposed landfill downhill to significant wetlands is approximately 750 feet and that any leakage from the landfill would pollute the wetlands. LURC staff responded that the wetlands would act to absorb the pollutants before they reached the streams. In her appeal, Lapham comments, "This amounts to LURC staff saying that it is all right to intentionally pollute the significant wetlands which LURC is legally required to protect."

Lapham alleges that LURC failed to properly evaluate evidence that was presented, including information about possible effects on wetlands, streams, Gardner's Lake and the actual needs of the Marion Transfer Station member communities.

County commissioners to discuss issue

The county commissioners have scheduled a meeting to discuss the proposed landfill with the Marion Transfer Station Inc. board for Thursday, October 4, at the Washington County courthouse. The regular commissioners' meeting will begin at 4 p.m., and the meeting with the Marion Transfer Station board will occur after that, at approximately 6 p.m.

Along with LURC approval for the rezoning, the Marion Transfer Station board also will need a solid waste license and a determination of public benefit from the Maine Department of Environmental Protection in order for the project to proceed. That review could take a year and a half or longer.