Roxbury can intervene in a lawsuit that will determine whether the owner of the former Fenimore Landfill will regain control of the property, a judge ruled this week.
Superior Court Judge Rosemary Ramsay granted the township’s request to be part of the litigation, signing an order June 26, said Roxbury Township Attorney Anthony Bucco. The judge gave Bucco until July 31 to file a legal brief supporting the township’s position.
The property is now under the control of the state Department of Environmental Protection (DEP), which seized the land from its owner, Strategic Environmental Partners (SEP), in 2013. The seizure came after construction debris, dumped by SEP at the formerly dormant site, released clouds of noxious hydrogen sulfide that spread miles throughout Roxbury.
After taking control of the site, the DEP installed a cap on landfill and an odor mitigation system that is burning off the putrid gas generated when the waste, particularly wallboard particles, became wet.