A Maine Superior Court judge has upheld the state's public-benefit determination for a proposed 61-acre expansion of the Juniper Ridge Landfill in Old Town, allowing that preliminary approval to stand. The order leaves further review to separate licensing proceedings.
Justice Bruce Mallonee's order is dated and docketed Oct. 16. It denies an appeal by the Penobscot Nation and Conservation Law Foundation challenging the Department of Environmental Protection's revised March 23 determination.
The landfill is owned by the state and operated by NEWSME Landfill Operations, a Casella Waste Systems subsidiary. A public-benefit determination is an early requirement in the approval process; the ruling does not itself authorize construction or establish that every operating permit has been issued.
The judge had sent the earlier determination back to the department in January for more fact-finding. The revised review addressed Maine's requirement to prioritize reducing and processing waste before disposal and the effects on the Penobscot Nation.
The order says future license conditions will require annual assessments of sludge-drying capacity and limits on certain waste streams. Sludge drying reduces the volume of material from wastewater treatment that needs disposal.
The judge acknowledged the Penobscot Nation's loss of traditional uses of the river, but concluded that the revised determination met the legal standards governing this stage. The order also notes that approval and implementation of a system to treat landfill drainage remains a condition before an expansion can operate.
The court expressly leaves further scientific and technical questions to licensing proceedings. The foundation publicized the ruling Oct. 20; that announcement date is later than the date on the court order.
Sources: Full Superior Court order, dated Oct. 16.