Appeal of Old Dutch Mustard Co., Inc.

The petitioner, Old Dutch Mustard Co., Inc., appeals from a decision of the New Hampshire Waste Management Council (Council) upholding a determination by the New Hampshire Department of Environmental Services (DES) to grant a permit to the intervenor, Pioneer Point Enterprises, LLC (Pioneer), to build and operate a solid waste facility adjacent to the petitioner’s property. We affirm.

The following facts are taken from the record or are otherwise undisputed. In May 2008, Pioneer applied for a permit to operate a solid waste management facility in an existing structure near the Souhegan River…