Conservation commission continues enforcement order on sludge landfill amid ponding, DEP review

The Gardner Conservation Commission voted to continue an enforcement order on the municipal sludge landfill after members raised concerns about ponding on the landfill cap, erosion and potential impacts to nearby wetlands and private wells.

The commission’s action followed more than an hour of discussion with town staff, the site engineer and members of the public about inspection reports, an operations-and-maintenance (O&M) manual and temporary silt barriers placed at the wetland edge. Commissioner questions focused on why top-ponding — standing water on the landfill cap — has occurred repeatedly and whether current controls are adequate to prevent further off-site migration of sediment or leachate.

The continued enforcement order keeps the matter open while staff coordinates additional oversight with the Department of Environmental Protection (DEP) and the landfill operator. The commission asked staff to keep the enforcement order active so DEP responses and any further testing can be reviewed at a future meeting.

Staff member Justin said field visits after recent storms showed improvement: “It looks night and day. There’s still a little bit of staining, but there are no solids or anything like that.” The commission pressed for more detail about testing; Justin said sampling results had been provided to DEP and were expected to be circulated to the commission once received.

Rob, the engineer who described the inspection checklist, told the commission the operator performs weekly inspections and records pass/fail items in a log. “If they see ponding, obviously, that’s a fail,” he said, describing the form used by the operator and what triggers action items.

Commissioners asked why ponding happens at the top of the cap and how many inspection failures triggers formal escalation. Rob said frozen conditions and prior grading practices contributed to ponding; he said the operator has been instructed to regrade areas and to perform more frequent inspections during adverse weather. He also said the operator had installed silt fences at wetland outlets following DEP recommendations and that the leachate pump station is scheduled for rehabilitation.

Public commenters urged swift action. Dave Anthea, speaking during public comment, asked whether the commission would file comments on the draft environmental impact report for the Sledge Landfill extension and warned of risks to vernal pools, private wells and the Otter River if controls fail.

The commission directed staff to keep the enforcement order open, to forward stormwater and testing data to commissioners, and to notify the commission if DEP schedules a site meeting. The motion to continue the enforcement order passed unanimously.

Background: the commission has discussed the landfill repeatedly in recent meetings after a documented release earlier this year. Commissioners said they want weekly logs, the updated O&M plans and DEP’s written findings before considering lifting the enforcement order.