WILKES-BARRE, PA — Pennsylvania’s Department of Environmental Protection (DEP) recently announced a newly inked Consent Order and Agreement (COA) with Keystone Sanitary Landfill. The agreement follows odor violations identified at Keystone’s facility in the boroughs of Dunmore and Throop, which negatively impacted several surrounding communities between November 2022 and February 2024.
Imposed by the DEP, the civil penalty of $575,000 for these violations is the largest fine given to Keystone in the last ten years. The penalty was issued in response to Keystone’s failure to manage landfill gas and leachate odors, an issue that created serious discomfort for local residents.
Keystone’s primary obligation under the agreement is to take swift and effective action to minimize the potential for off-site odors from its leachate lagoons. The DEP has directed Keystone to implement a throng of measures such as employing foam, developing a new intermediate cover system, and presenting a permit modification proposal for installing two large leachate storage tank systems, each with a capacity of 2.5 million gallons.
The consent order also directs Keystone to re-assess the efficacy of its Reverse Osmosis system used for treating leachate and to undertake necessary amendments. Additionally, they must work towards mitigating landfill gas odors from the site.
Keystone has also been tasked with improving the surface monitoring protocols and a mandate to follow an accelerated capping schedule to limit areas of intermediate cover. The solid waste site will be under scrutiny to observe its adherence to the agreement and to ensure the reduction in odors, as mandated by the COA.
The hefty civil penalty of $575,000 will be shared between DEP and the boroughs of Dunmore and Throop. With DEP allotted $180,000 and an additional $35,000 for cost recovery from the COA, the remaining funds will be split equally between the two boroughs.
These funds will be allocated to the Solid Waste Abatement Fund, a statewide initiative designed to eradicate potential hazards associated with solid waste. Keystone is obligated to deposit the fines into separate bank accounts for both boroughs. The funds received from the fines will be utilized for projects aimed at environmental enhancement, restoration, and risk reduction pertaining to public health and safety.
This action against Keystone Landfill aims to send a clear message of DEP’s commitment to the well-being of residents. Interim Acting Secretary for DEP, Jessica Shirley, expressed that their swift response to address these odors and holding the responsible party accountable was an affirmation of their pledge to protect every Pennsylvanian’s constitutional right to clean air, pure water, and a healthy environment.
A strong public outcry prompted this investigation. The DEP team conducted odor patrols around the clock, responding to hundreds of complaints from affected residents. During the investigation period, the DEP representatives detected landfill gas and/or leachate odors on at least 70 occasions, attributing them to Keystone.
These odor violations emphasize a broader pattern of failure by Keystone. The investigations revealed their inability to enforce their Nuisance Minimization and Control Plan which was designed to reduce environmental or public health hazards, along with other public nuisances. They also failed to control air pollution and maintain a uniform cover to prevent odors, among other violations.
DEP will continue to keep a vigilant eye on the landfill and complaints to ensure compliance from Keystone Sanitary Landfill. Failure to abide by the terms of the COA could lead to further penalties, fortifying the importance of maintaining good environmental practices in solid waste management for the benefit of local communities and wider ecosystems.
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