The fight continues against plans to cap the Smith-Robinson Landfill on Old Fall River Road.

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Dartmouth's Select Board is asking the state Department of Environmental Protection to make several considerations before granting a permit to Boston Environmental. The company is looking to cap the site with soil and other materials from various, unspecified sources. The plan would also need town approval, if allowed to go forward by the D-E-P.

Select Board chairman Shawn McDonald anticipates a legal battle, no matter what the ruling.

Town officials are concerned about the source of the cap's materials, and the site owner's ability to finance the project. Material would be trucked into the 23-acre former landfill continuously over a three year period, with the proposed cap reaching a height of at least 65 feet.

The Select Board is also asking Governor Deval Patrick to visit the site, before the state makes a ruling on a permit for the project. The D-E-P is accepting public comment on the plan until May 13th.