GFL reaches agreement on PFAS

The Southern Environmental Law Center (SELC) has filed a proposed, court-enforceable agreement on behalf of the Environmental Justice Community Action Network (EJCAN) with Vaughan, Ontario-based GFL in federal court. The agreement addresses per- and polyfluoroalkyl substances (PFAS) found in the Sampson County Landfill in Roseboro, North Carolina.

The Sampson County Landfill was established in 1973 and expanded in 1992, prior to GFL’s ownership. The landfill spans nearly 1,000 acres and accepts more than 1.8 million tons of waste each year. Recent testing from the North Carolina Department of Environmental Quality confirmed unsafe PFAS levels in the streams and groundwater near the landfill, according to SELC.

SELC filed the proposed consent decree in U.S. District Court for the Eastern District of North Carolina after earlier notifying GFL, the owner of the landfill, of its intent to sue. SELC says the proposed consent decree was jointly agreed between EJCAN and GFL and once it is adopted by the court it will resolve claims in a complaint filed the same day.

The agreement includes the following components:

• GFL will essentially eliminate PFAS discharges to surface waters. The agreement requires the landfill to reduce this discharge to four parts per trillion, the lowest level the U.S. Environmental Protection Agency (EPA) has determined laboratories can consistently quantify. GFL also agreed to decline all new waste contracts for PFAS clean-up waste streams from military bases and fire-fighting foams until these standards are met. Together, these measures should reduce the amount of PFAS impacting Bearskin Swamp, a nearby fishing and recreation stream, SELC says.
• GFL will use methane-sensing drones to identify emissions hot spots and retain an independent consultant to develop a continuous air pollution monitoring system around the perimeter of the landfill. After an initial monitoring period, the independent consultant will recommend emissions and odor reduction measures, and GFL will be required to implement these measures to the maximum extent possible, SELC says.
• GFL will establish a community fund to be managed by and for community residents. The purpose of the fund is to address environmental, environmental justice and public health issues impacting the community, according to SELC. GFL has also agreed to additional benefits to the community, including establishing recycling and composting education in local public schools.
• GFL will also hold regular meetings with community members and establish a complaint response and escalation mechanism.

“This agreement with GFL to address toxic PFAS pollution, meaningfully investigate and address emissions from the landfill and fund community-led remediation efforts provides crucial relief and empowers the Snow Hill community to repair and look forward,” says Maia Hutt, attorney at the Southern Environmental Law Center, which represents EJCAN. “Our hope is that this agreement provides a foundation upon which the Snow Hill community can build a safe, healthy future.