Proposed consent agreement brings hope to the Snow Hill community

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By Will Atwater

Imagine living near one of the largest waste dumps in the state: Imagine the smell. The flies. The dust. The trucks rumbling by every day. The worry about water and air being fouled. 

That’s been the reality for the residents of Snow Hill, a predominantly African American Sampson County community whose roots in the area predate the landfill. They’ve complained for years about all of those problems and more.

Resident Larry Sutton made the trip to Clinton on Aug. 29 to listen and offer comments at an environmental justice forum held by state officials to discuss environmental issues in the county. 

“This county is the recipient of lots of garbage and trash and waste from across North Carolina, and some believe neighboring states as well.” Sutton said. “We have no clue what future illnesses and diseases are going to become rampant in Sampson County due to the landfill [and] our water systems — groundwater service, water, rivers and public water.”

Sutton, president of the county chapter of the NAACP, was one of about 40 people who gathered in the gym of the former Sampson High School, now the Sampson Center. The forum was convened by state officials to receive community feedback related to Gov. Roy Cooper’s Advancing Environmental Justice Initiative, which charges state agencies to consider environmental justice when addressing environmental issues such as “climate change, resilience and clean energy,” according to its website.

But Sutton and other county residents didn’t know about some news that was about to break.

After years of fighting the nearby regional landfill — which they allege has harmed their quality of life — residents of Snow Hill received a sign that things may be changing for the better. 

That sign came in the form of a consent order that would reduce air and water emissions, as well as increase communication and compensation to neighbors — some are calling the agreement a win for their side. 

New possibilities

On Sept. 3, the Southern Environmental Law Center, working on behalf of the Environmental Justice Community Action Network, filed in federal court a “proposed, enforceable agreement” with the GFL Landfill, according to a release.

“This agreement brings long-sought relief from pollution and reparation to the Snow Hill community, putting resources and information in the community’s hands to care for their safety and health and start rebuilding after decades of ignored concerns,” Sherri White-Williamson, EJCAN’s executive director, stated in the release.

“Our hope is that this agreement provides a foundation upon which the Snow Hill community can build a safe, healthy future,” said Maia Hutt, attorney at the Southern Environmental Law Center.

Under the proposed agreement, the GFL Landfill is required to complete the following:

Eliminate PFAS discharges to surface waters. The landfill agrees to reduce the discharge of PFOA, a type of PFAS, from approximately 1,000 parts per trillion to 4 parts per trillion into Bearskin Creek, a popular community recreation spot. According to the Environmental Protection Agency, 4 parts per trillion is the lowest level laboratories can detect.

Establish an aerial pollution detection system. The agreement requires GFL to employ drones to monitor methane emissions around the landfill’s perimeter. This process will contribute to an emissions and odor-reducing plan. 

Provide financial support. GFL will establish a fund to be used at the discretion of Snow Hill residents to address environmental, environmental justice and human health issues affecting the community.

Maintain dialogue. GFL is required to hold regular meetings with community members and establish a system for documenting residents’ complaints.

PFOA – Perfluorooctanoic acid, also known as C8, is produced and used as an industrial surfactant, which helps things not to stick to one another in chemical processes. It also is a raw material for other forms of PFAS. PFOA was widely manufactured but has largely been phased out of production. 

The case against the landfill

The landfill has been a fixture in Roseboro for a half-century. It occupies 1,000 acres or 1,300 acres, different sources say, and it receives more than 1.8 million tons of waste annually.

Trucks from across the state rumble in and out of the landfill from 6 a.m. to 5 p.m. Monday through Friday, and 6 a.m. to noon on Saturdays to dump debris, including commercial, business and residential trash, as well as construction and demolition waste.

Furthermore, according to 2021 EPA data, the Sampson County Regional Landfill produces 824,568 metric tons of methane annually, making it the second-largest emitter among U.S. landfills.

Whitney Parker and his cousin and neighbor Taryn Ratley have long been disgusted with the landfill. Their homes are about 1,000 feet from it, which gives them a perch to witness the seemingly never-ending procession of trucks entering and leaving the landfill.

“The smell is horrendous […] just imagine getting behind one of these trucks and almost throwing up while you’re following it,” said Parker, whose family has lived in the community for three generations.

Snow Hill resident Whitney Parker shares his feelings about the proposed methane capture and natural gas conversion system that would be installed at the GFL Sampson County Landfill. Credit: Will Atwater

Parker and Watley expressed appreciation for the effort required to obtain the proposed agreement. However, they said their ultimate goal is to see the landfill closed.

A seat at the table

In February, SELC sent a notice of intent to sue GFL Environmental on behalf of EJCAN for contaminating local waterways with PFAS, opening the door to hammer out an agreement between the parties. 

Time will reveal whether the proposed agreement between the landfill and EJCAN improves the quality of life for Snow Hill residents. However, Hutt said the deal provides leverage for the community in a way that other agreements would not.

“The reason we did this through a consent decree is that once the court says, ‘Yes, I’m signing off on this order,’ if there is a violation of that order, we can go back to the court [and] pick it back up,” because it’s now a court-enforceable order.

White-Williamson is also pleased with how the agreement is structured.

“I feel good about what came out [of the negotiation] versus what could have happened if it had gone to court,” Williams said. She added that this process saved time and could yield benefits to the community that may not have materialized if there had been a drawn-out legal battle with the landfill.

Now that the agreement has been filed in federal court, the U.S. Department of Justice and the Environmental Protection Agency have 45 days to review it and raise questions or flag concerns. If the agencies don’t have questions or concerns after 45 days, the court can enter the order, making it a legally binding agreement, according to Hutt.

After learning of the proposed agreement, Sutton expressed cautious optimism about the future of Snow Hill residents now that “they have a seat at the table.”

“The Snow Hill residents have not had opportunities to [participate] in making decisions that pertain to landfill and their general health and well-being,” he said. “The [agreement] is a striking improvement.”

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Environmental Health, Health Inequities, Minority Health, Public Health, Rural Health, air monitoring, CONSENT ORDER, EJCAn, environmental justice, EPA, GFL Landfill, National Drinking Water Standards, PFAS, Sampson County, SELC, Snow Hill, U.S. Department of Justice