MassDEP Orders Town of Charlton to Complete Closure of Flint Street Landfill
Current Contractor Banned from Bringing Unauthorized Material to Site

The Department of Environmental Protection (MassDEP) has ordered the Town of Charlton to complete the closure of the old Flint Street landfill. In separate orders to the Town of Charlton and the landfill closure contractor, BATG Environmental, Inc. of Marlborough, MassDEP has ordered that the landfill closure project be completed after many months of delays and inaction.

"Through recent site inspections, MassDEP has determined that landfill capping and closure activities have stalled, potentially compromising the closure work completed to date," said Martin Suuberg, director of MassDEP's Central Regional Office in Worcester. "It has become clear that BATG has not moved forward to complete the task before them, so it is important for the town to step forward to get the job done."

In the order to the Town of Charlton, MassDEP requires that the town complete the remaining landfill capping and closing work. MassDEP expects the work will be completed by December 31, 2009.

MassDEP also directed the town to complete the following tasks:
* Ensure that the previously installed landfill cap membrane liner remains viable;
* Confirm that stormwater has been re-channeled to the on-site detention basin and away from discharging to nearby wetlands; and
* Take steps to stabilize areas such as the perimeter access road, stormwater retention basin, and the proposed wetland restoration area.

In the order to BATG, MassDEP stated that the company had not completed the closure of the landfill in the time required under previous agreements. In the last several months, no work was done on the landfill itself, but numerous piles of unauthorized material mixed with solid waste and demolition debris were stockpiled at the entrance of the landfill, in violation of state regulations.

MassDEP ordered BATG to cease and desist from accepting, storing or disposing of any solid waste materials or soils at the landfill or adjacent areas until they obtain approval from MassDEP.

On December 15, 2004, the town contracted with BATG to oversee all construction activities associated with the final closure and capping of the landfill. Since that time, MassDEP has issued numerous unilateral orders and consent orders to BATG concerning activities related to the closure project. Those violations included use of grading and shaping materials not authorized in the closure permit, discharge of silt-laden runoff to a nearby vegetated wetland, and failure to fully fund the FAM reserve account.

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