Conservation commission amends enforcement order after sludge landfill breach; residents press for long-term fixes

The Gardner Conservation Commission on March 10 voted to amend an existing enforcement order for the city sludge landfill after commissioners and residents described a significant erosion and sediment breach that occurred on Feb. 6.

The amendment requires the landfill operator to provide copies of all maintenance records, a written cleanup and long-term remediation plan, an engineering explanation of who approved the detention pond and dam at the top of the site, and attendance by Department of Environmental Protection (DEP) representatives at the commission’s March 24 meeting. The commission also directed the operator to replace silt fence until a permanent fix is in place and to provide inspection reports, testing results and a timeline for repairs.

Why it matters: Residents said the site has had repeated incidents and that temporary repairs are insufficient. The commission’s amendment seeks both near-term documentation and a longer-term explanation of cause and corrective measures before the spring runoff season.

Commissioners and members of the public recounted visiting the site after the breach and described sediment and a small amount of sludge moving past an outfall into downstream areas. An agent for the commission said DEP visited the site after the breach; the commission’s enforcement order already authorizes corrective work by responsible parties, and members agreed the order should be strengthened to require cause-finding and a durable remedy.

Resident Dave Antey asked whether the commission would comment on the draft environmental impact report for the proposed landfill expansion, saying: "If they can't even take care of this and they're gonna have an expansion of 8 acres...I’m asking if you're going to make any comments on the impact report that has been submitted." Alan Russo, who said he had obtained the 2024 sludge landfill inspection report via public records request, read from that report: "No operational problems or deficiencies were encountered or noted throughout the course of operations in 2024," and asked how that statement could be reconciled with an active enforcement order.

Paul Mayo, a Gardner resident who said he and others documented the breach with photos, told the commission that EPA and DEP correspondence is now part of the public record and urged the commission to press for decisive action.

The commission discussed adding specific language to require the operator to explain the cause and location of the failure, document any emergency repairs, provide maintenance and inspection records (2024 to date), share test results, and present a timeline and person(s) responsible for repairs. Commissioners also asked that the operator explain who authorized the detention pond and dam at the landfill top and whether that structure is legal.

Commission action: A motion to amend the enforcement order to add the listed documentation and reporting requirements passed by voice vote. The motion did not record individual vote tallies in the meeting minutes; the chair called for "All in favor? Aye." The amendment directs staff to request DEP participation and to require the operator to notify the commission before and after remedial work.

Next steps: The commission requested maintenance records before the March 24 meeting and asked staff to invite DEP to attend and to include any DEP findings in the commission’s further actions. Several residents asked the commission to file formal comments on the landfill expansion report after the commission reviews the documentation.