| T O P I C R E V I E W |
| Tails |
Posted - 02/13/2009 : 12:01:33 PM
Friday, February 13, 2009
OK, here it is ... all 18 pages ...
SUFFOLK, ss.
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT
CIVIL ACTION NO. 2006-0790-C
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff,
v.
COMPLAINT FOR
CIVIL CONTEMPT
NEW VENTURES ASSOCIATES LLC,
Defendant and Cross-Claimant,
v.
NEWBURYPORT CITY COUNCIL, ET AL,
Cross-Claim Defendants.
INTRODUCTION(see previous post)
PARTIES (not posting them; we all know who they are)
The trial starts April 23.
FACTS AND STATEMENT OF THE CONTEMPT
Procedural History
7. On February 23, 2006, the Commonwealth commenced the underlying action against defendant New Ventures, seeking injunctive relief and civil penalties for alleged violations of the Clean Air Act and the Solid Waste Management Act.
8. On October 20, 2006, the Court (Spurlock, J.) issued a Preliminary Injunction in this action, which was amended by order dated November 1,2006 (Spurlock, J.), and again on February 22, 2007 (Sanders, J.). The Preliminary Injunction, as amended (the "Order"), required that New Ventures install and operate air pollution control equipment and undertake other measures to prevent nuisance conditions and potential public health impacts arising from the release of noxious hydrogen sulfide gas and other landfill gas.
9. On September 20,2007, the Court (McLaughlin, J.) issued another injunctive order ("Supplemental Order") requiring that New Ventures place a temporary cover consisting of acceptable clay-like soils to a depth of at least one foot over an area of the Landfill known as the "Phase IA Area," and replace the tarps over this temporary cover in the Phase IA Area.
10. A true and complete copy of the Court's October 20,2006 Order, as amended by orders dated November 1,2006 and February 22, 2007, is attached as "Exhibit 1." A true and complete copy of the Court's Supplemental Order of September 20,2007 is attached as "Exhibit 2."
Relevant Requirements of the Order and Supplemental Order
11. Paragraph 1 (d) and Appendix A (Landfill Gas Control Protocol) of the Order require New Ventures to install and continuously operate a landfill gas pretreatment fitering system, consisting of three separate vessels housing pretreatment media and an enclosed flare, to control hydrogen sulfide and other landfill gas emissions to prevent nuisance odors and protect the health and safety of area business and residents living in the vicinity of the LandfiL.
12. Paragraph 1 (b) and Appendix A, Section D, of the Order require New Ventures to operate the pretreatment system so that the maximum concentration of hydrogen sulfide gas flowing into the enclosed flare does not exceed a performance standard of 1.01 lbs/h (pounds per hour). Paragraph 1 (b) and Appendix A, Section D, of the Order also require that the pretreatment system remove at least ninety-five percent (95%) of hydrogen sulfide from the landfill gas flowing into the enclosed flare, with a performance standard requiring that hydrogen sulfide removal not fall below the 95% threshold for any two hours over the course of any twenty- four (24) hour period.
13. Paragraph 1 (d) and Appendix A of the Order require New Ventures to continuously operate the pretreatment system and enclosed flare twenty-four (24) hours per day, seven (7) days per week.
14. Paragraphs 1 (d) and Appendix A, Section I of the Order require New Ventures to provide the MassDEP with the daily landfill gas sampling data, including the concentration of hydrogen sulfide gas flowing into and out of the pretreatment system, along with the flow rate of landfill gas entering the enclosed flare in order to demonstrate compliance with the maximum 1.01 lb/hr hydrogen sulfide concentration and minimum 95% hydrogen sulfide removal performance standards for gas flowing into the enclosed flare.
15. Paragraph l(d) and Appendix A, Section C of the Order require New Ventures to contract with a qualified Massachusetts Registered Professional Engineer (the "Engineer") to coordinate, oversee, and monitor the operation and effectiveness of the landfill gas system and the other measures required for controllng hydrogen sulfide and other ambient gas emissions from the landfill, including compliance with the maximum 1.01 lb/hr hydrogen sulfide concentration and minimum 95% hydrogen sulfide removal for landfill gas flowing into the enclosed flare. Paragraph 1 (d) and Appendix A also require that the Engineer conduct weekly inspections of the landfill gas control system and provide a Weekly Status Report to the Department within two (2) working days of conducting each inspection.
16. Paragraph 11 of the Order requires that the pretreatment system, including all three pretreatment vessels, remain in-place and completely intact at the Site until such time as MassDEP determines, in writing, that the pretreatment system is no longer necessary or required by the Clean Air Act or the Solid Waste Management Act.
17. Paragraph 1(1) and Appendix A, Section H of the Order requires that New Ventures continuously staff the Landfill twenty-four (24) hours per day, seven (7) days per week.
Paragraph 1 (1) and Appendix A also require that New Ventures respond to all odor complaints received from residents in the vicinity of the Facility and then report these complaints to MassDEP.
18. Paragraph 1 (1) and Appendix A, Section F of the Order require New Ventures to maintain and operate a meteorological station at the landfill and continuously collect data on the wind speed and direction, barometric pressure, and temperature.
19. Paragraphs 1 (u) of the Order requires New Ventures to remove odiferous leachate that has entered the Landfill's storm water basins.
20. Paragraphs 1 (v) of the Order requires New Ventures to maintain, improve and expand the Landfill's leachate control system in compliance with plans submitted to and approved by the MassDEP pursuant to the MassDEP's 2005 Administrative Consent Order with Penalty ("2005 ACOP"), which is attached to the Order as Exhibit 3. The final leachate control plans required by the 2005 ACOP as approved by MassDEP require that New Ventures maintain leachate tanks at less than seventy-five percent (75% ) of their capacity at all times, measure and record the leachate level in each leachate tank immediately prior to each pumping, maintain daily logs containing the date, time, liquid level and volume of leachate pumped from each tank; and submit the daily logs to the MassDEP by the 15th day of each month for the preceding month.
21. Paragraph 1 G) and 1 (v) and Appendix B of the Order require New Ventures to place and maintain tarps over the Construction and Demolition Material ("C&D Material") at the landfill in areas not covered by the landfill cap including the landfill access road. In addition, the Supplemental Order requires New Ventures to place and maintain one foot of clay-like soil covered with tarps over the C&D Material in the Phase IA Area of the Facility to control the generation and release of odiferous leachate and landfill gas from the landfiL.
22. In the event that the placement of C&D Material for use as landfill grading or shaping material has been shut down at the Landfill, Paragraph 13 of the Order requires that New Ventures continue to comply with other requirements of the Order, applicable MassDEP administrative orders, and 310 C.M.R. 19.000 et seq.
23. Because of ongoing violations of Order and Supplemental order detailed below, MassDEP ordered that New Ventures shut down all placement of C&D Material at the LandfilL. This shut down is stil in effect.
24. Among the requirements of the Order that must be complied with in the face of a shut-down ofC&D Material placement, New Ventures shall, without limitation, continue to operate the permanent landfill gas control system, including the pretreatment system and enclosed flare in compliance with the performance standards in Appendix A of the Order, continue to staff the Landfill twenty four (24) hours a day, seven days a week, and continue to control and manage leachate collection and releases at the Landfill.
25. Among the requirements of 3 10 C.M.R. 19.000 et seq. with which New Ventures must continue to comply in the face of a shut-down of C&D Material placement at the Landfill are maintenance of the integrity of the drainage structures so as to prevent erosion, as required by
310 C.M.R. 19.130 (19)(b), and ensuring that any siltation due to erosion does not migrate offsite, as required by 310 C.M.R. 19.130 (20).
New Ventures' Recent Violations of the Order and Supplemental Order and the August 26, 2008 Notice of Violations
26. In May, 2008, the Commonwealth and New Ventures reached a full settlement of this action. That settlement agreement, among other things, would make permanent the relevant injunctive portions of the Order and set a new, sequenced schedule for closing the landfiL. New Ventures has refused, however, to sign and fie that settlement unless and until the City of Newburyport approves an increase in the landfill internal volume (or "airspace") pursuant to a Host Community Agreement ("HCA") it entered into with New Ventures in 2002. On June 26, 2008, this Court allowed New Ventures' motion to join the City of Newburyport as a necessary party to this action, and the City fied counterclaims. Although New Ventures and the City have been in negotiations to resolve their competing claims, litigation of those claims is proceeding, with summary judgment papers scheduled to be filed in January, 2009.
27. With settlement of this action on hold and litigation of New Ventures' cross-claims and the City's counterclaims proceeding, significant compliance issues began to surface at the landfill over the summer, and there has been a recent upturn in odor complaints from area residents. See Affidavit of David C. Adams, Environmental Engineer iv in the Bureau of Waste Prevention, Solid Waste Management Section, MassDEP Northeast Regional Offce ("Adams Aff."), irir 8-64; Affidavit of John A. Carrigan, Chief of the Solid Waste Section, Bureau of Waste Prevention, MassDEP Northeast Regional Office ("Carrigan Aff."), irir 18-25.
28. On August 26,2008, the MassDEP notified New Ventures of multiple violations of the Order and Supplemental Order observed by MassDEP personnel at the Landfill between June 3, 2008 and August 13,2008 (the "Notice"). A true and complete copy of the Notice is attached as "Exhibit 3." The Notice demanded that New Ventures return to compliance and remedy the violations detailed in paragraphs 29 through 41, below. New Ventures responded to the Notice by letter dated September 10, 2008. Atrue and complete copy of this response is attached as "Exhibit 4." In New Ventures' September 10, 2008 letter and subsequent discussions with the Commonwealth, New Ventures asserts that the current problems at the landfill should be addressed as part of a closure plan filed with a settlement agreement once the current litigation of its cross claims against the City are resolved. That resolution could be several weeks or several months away. Remedy ofthe violations detailed in the paragraphs below can not be put on hold while litigation of this action proceeds, particularly when these violations contribute to nuisance conditions that threaten the public health and welfare.
29. Seven separate inspections of the Facility by MassDEP investigators on June 3, 4, and 6, July 18 and 29, and August 17 and 18,2008, revealed that only two of the required three pretreatment vessels were on-Site at the Landfill. See Adams Aff., ir 47; Carrigan Aff., irir 2l(b), 24, 25; Notice, ir 10.
30. Landfill inspections by MassDEP investigators on July 17 and 29, 2008, revealed that the enclosed flare, a critical part of the landfil's air pollution control system, was not operating. Adams Aff., ir 45, Notice, ir 11.
31. Review by MassDEP staff of daily landfill gas collection system monitoring forms submitted by New Ventures revealed that on at least fifteen (15) days between July 8 and July 28, 2008, hydrogen sulfide gas had entered the enclosed flare in excess of 1.01 lbs/hr on at least two occasions during a twenty-four (24) hour period. Adams Aff., irir 28 - 31; Carrigan Aff., ir 20, 2l(a); Notice, ir 1.
32. Landfill inspections by MassDEP investigators on August 17 and 18, 2008, revealed that New Ventures was not operating the pretreatment system to remove at least 95% of hydrogen sulfide from landfill gas before it reached the enclosed flare, but instead allowed landfill gas to enter the enclosed flare with only 63% and 38%, respectively, of hydrogen sulfide removed. Adams Aff., irir 28,33; Carrigan Aff, irir 21(a),24, 25; Notice, ir 3. In addition, New Ventures operated the pretreatment system to allow the concentration of hydrogen sulfide gas flowing into the enclosed flare on those occasions to exceed the performance standard of 1.01 lbs/hr twice during a twenty-four hour period. ¡d.
33. Review by MassDEP investigators of daily landfill gas collection system monitoring forms submitted by New Ventures, along with review of complaints about odors from the landfill received by MassDEP from residents in the vicinity of the Facility revealed that on July 14 and 17,2008, and August 7,8 and 11, and 13,2008, New Ventures failed to respond to residents' odor complaints or report them to MassDEP. Carrigan Aff., ir 19(a); Adams Aff., ir 55; Notice, ir 7.
34. Review by MassDEP investigators of New Ventures' submissions revealed that from at least July 28,2008, through the date of the Notice, New Ventures failed to provide MassDEP with the required daily landfill gas sampling data for the landfill gas control system, including the hydrogen sulfide gas data for the pretreatment system and enclosed flare necessary to demonstrate the system was in compliance with the maximum 1.01 lb/hr hydrogen sulfide concentration and minimum 95% hydrogen sulfide removal performance standards for landfill gas flowing into the enclosed flare. Carrigan Aff., ir 1 9(b); Notice, ir 2.
35. Review by MassDEP investigators of New Ventures' submissions revealed that the Landfill Engineer failed to submit the required Weekly Status Reports to MassDEP from March 8,2008 through the date of the Notice. Carrigan Aff., ir 19(d); Notice, ir 12.
36. Landfill inspections by MassDEP investigators on July 17 and 29, 2008 and August 18, 2008 revealed that New Ventures failed to remove odiferous leachate released from the landfill that had migrated to the wetlands abutting the Facility. Adams Aff., irir 18 - 20; Notice, ir 4.
37. Landfill inspections by MassDEP investigators on July 17 and 29 and August 18, 2008, revealed that New Ventures had not been pumping at least four of the five Landfill leachate tanks and that all tanks were either at full or nearly full capacity. Adams Aff., irir 10 - 12; Carrigan Aff., ir 2l(g); Notice, ir 4.
38. Landfill inspections by MassDEP investigators on July 17 and 29,2008 and August 17 and 18, 2008, revealed that New Ventures failed to place and maintain tarps or tarp covered clay on the south slope of the Phase I Area, and the portions of the Landfill known as the "Phase IIA Area" and "Phase III Area." Adams Aff., irir 57 - 62; Carrigan Aff., ir 21(e); Notice, ir 5. In addition, New Ventures had failed to cover the clay-like soil on the portion of the Landfill known as the "Phase IA Area" with tarps on those dates. Adams Aff., ir 62.
39. Review by MassDEP investigators of New Ventures' submissions, along with Landfill inspections on July 17 and 29, 2008, and August 17 and 18, 2008, revealed that the New Ventures had ,failed to continuously collect the required meteorological data at the landfill and to properly maintain the meteorological station at the landfill from the time of a power outage on or
about June 27, 2008 and the date of the Notice. Adams Aff., irir 23,24,26,27; Carrigan Aff, ir 19(c); Notice, ir 8.
40. Landfill inspections on July 17 and 29, 2008, and August 17 and 18, 2008, revealed that the New Ventures had failed to repair the digital flow meter on the enclosed flare at the Landfill since the power outage on or about June 27, 2008. Adams Aff., irir 23 - 25; Carrigan Aff.; ir 19 (f).
41. Landfill inspections on June 3, 4 and 26, 2008, July 17 and 29, 2008, and August 18, 2008, revealed that New Ventures had failed to maintain the berm and temporary storm water controls at the Landfill. Included among these stormwater control violation were New Ventures'
failure to repair erosion gulles, failure to repair and maintain the northern storm water down chute on the western side of the perimeter berm, failure to mitigate the erosion of silt from the south slope of the Landfill off-site on to Crow Lane, and failure to maintain the hay bale and silt fences along the Landfill perimeter and abutting wetlands. Adams Aff., irir 36,38,39,40; Notice, ir 6.
Current Contempt
42. Since September 2008, New Ventures has failed to remedy nearly all of the violations cited in the August 26, 2008 Notice, as detailed in paragraphs 43 through 56, below.
43. Four separate inspections of the Landfill by MassDEP investigators on September 12 and 25, October 2, and November 3, 2008 revealed that New Ventures stil had not equipped the pretreatment system with the required third pretreatment vesseL. Adams Aff., ir 47. In addition, during inspections on October 2 and November 3, 2008, MassDEP investigators discovered,air leaking into the two treatment vessels on-Site, indicating that they were not being
maintained as air tight. Adams Aff., irir 33, 34.
44. Landfill inspections by MassDEP investigators on September 25, October 2, and November 3, 2008, revealed that New Ventures was not operating the pretreatment system to remove at least 95% of hydrogen sulfide from landfill gas before it reached the enclosed flare, but instead allowed landfill gas to enter the enclosed flare with only 87%, 86%, and 62%, respectively, of hydrogen sulfide removed. Adams Aff., irir 33 - 35. In addition, New Ventures was operating the pretreatment system on September 25 and October 2,2008 to allow the concentration of hydrogen sulfide gas to enter the enclosed flare at a rate in excess of 4.5 lbs/hr, exceeding the 1.01 lbs/hr performance standard on those occasions by more than 445%. Adams Aff., ir 35.
45. Review by MassDEP investigators of daily landfill gas collection system monitoring forms submitted by New Ventures, along with review of complaints about odors from the landfill received by MassDEP from residents living in the vicinity of the Landfill, revealed that New Ventures had continued to ignore and failed to respond to residents' odor complains or report them to MassDEP, including odor complaints made on September 3,5,11,12, and 16,21,25 and 28, and October 3, 4,13, 18, 19,21,23,2008. Carrigan Aff.,ir 19(a).
46. Review by MassDEP investigators of New Ventures' submissions revealed that New Ventures was stil not providing MassDEP with the required daily landfill gas sampling data for the landfill gas control system, including the hydrogen sulfide gas data for the pretreatment system and enclosed flare. Carrigan Aff., ir 1 9(b). New Ventures has failed to provide the landfill gas sampling data necessary to demonstrate that the system is in compliance with the maximum 1.01 lb/hr hydrogen sulfide concentration and minimum 95% hydrogen sulfide removal performance standards for landfill gas flowing into the enclosed flare from at least July 28,2008, through the date of this Complaint. ¡d.
47. Review by MassDEP investigators of New Ventures' submissions revealed that the Landfill Engineer was stil not submitting the required Weekly Status Reports to the MassDEP. Carrigan Aff., ir 19(d). New Ventures has failed to submit Weekly Status Reports for the Landfill from March 8, 2008 through the date of this Complaint. ¡d.
48. Landfill inspections on October 2,2008 revealed that New Ventures had failed to remove odiferous leachate from the temporary stormwater basin behind the Facility office trailer. Adams Aff., ir 16.
49. Inspections of the LandfiII by MassDEP investigators on September 25, October 2, and November 3, 2008 revealed that New Ventures had stil not pumped at least four of the five Landfill leachate tanks, all of which were either at full or nearly full capacity. Adams Aff., irir 10,
12,13.
50. Landfill inspections on September 12 and 25, October 2, and November 3,2008, revealed that foul smelling leachate had been released from overflowing leachate collection tanks and had migrated across landfill access roadways and into stormwater collection basins. Adams Contempt Aff., irir 12, 14 - 17.
51. During inspections of the Landfill on September 12 and 25, October 2, and November 3, 2008, New Ventures refused or failed to provide MassDEP with leachate pumping logs for the LandfiL. Adams Aff., irir 51, 52.
52. Landfill inspections on September 12 and 25, October 2, and November 3, 2008, revealed that New Ventures failed to place and maintain tarps or tarp covered clay on the south slope of the Phase I Area, the Phase IIA Area, or the Phase II Area. Adams Aff., irir 57-62. In addition, New Ventures had failed to cover the clay-like soil on the Phase IA Area with tarps on those dates. Adams Aff., ir 62.
53. Review by MassDEP investigators of New Ventures' submissions, along with Landfill inspections on September 12 and 25, October 2, and November 3,2008, revealed that New Ventures was stil not collecting the required meteorological data at the landfill or properly maintaining the meteorological station at the landfill from the time of a power outage on or about June 27, 2008. Adams Aff., irir 23,24,26,27; Carrigan Aff, ir 19(c).
54. Landfill inspections on September 12 and 25, October 2, and November 3, 2008, revealed that the New Ventures had stil not repaired the digital flow meter on the enclosed flare at the landfill since the power outage on or about June 27. Adams Aff., irir 23 - 25.
55. Landfill inspections on September 25, October 2, and November 3, 2008, revealed that New Ventures had failed to maintain the berm and temporary storm water controls at the landfiL. Adams Aff., irir 37 - 40. Included among these stormwater control violations were New Ventures' failure to repair erosion gulles, failure to repair and maintain the northern storm water down chute on the western side of the perimeter berm, failure to mitigate the erosion of silt from the south slope of the landfill off-site on to Crow Lane, and failure to maintain the hay bale and silt fences along the Landfill perimeter and abutting wetlands. ¡d.
56. Landfill inspections on October 2 and November 3, 2008, revealed that New Ventures has failed to maintain the hay bale and silt fences along the perimeter of the landfill and abutting wetlands. Adams Aff., ir 42.
COUNT I
Violation of the Order and Supplemental Order
57. The Commonwealth repeats and realleges each and every allegation contained in paragraphs 1 - 56.
58. By failing to equip the landfill gas control system with three pretreatment vessels, and by failing to ensure that one or more pretreatment vessels are maintained as airtight, New Ventures violated and continues to violate Paragraphs l(d), 11, 13, and Appendix A of the Order
in contempt of Court.
59. By failing to operate the pretreatment system to consistently remove at least 95% of the hydrogen sulfide from landfill gas before it flows into the enclosed flare, New Ventures violated and continues to violate Paragraphs l(d), 13, and Appendix A, Section D, of the Order in contempt of Court.
60. By failing to operate the pretreatment system to consistently prevent hydrogen sulfide concentrations over 1.01 lb/hr from flowing from the pretreatment system into the enclosed flare, New Ventures violated and continues to violate Paragraphs 1 (d), 13, and Appendix A, Section D, of the Order in contempt of Court
61. By failing to provide the MassDEP with daily landfill gas system sampling data, including data on the concentration of hydrogen sulfide gas entering the pretreatment system and enclosed flare necessary to demonstrate compliance with the required performance standards, New Ventures has violated and continues to violate Paragraphs l(d), 1(1), 13, and Appendix A,
Section I, of the Order in contempt of Court.
62. By failing to respond to and report to MassDEP odor complaints received from residents living in the vicinity of the Facility, New Ventures violated Paragraphs 1(1), 13, and Appendix A, Sections H and I, of the Order in contempt of Court.
63. By failing to staff the Facility twenty-four (24) hours per day, seven (7) days per week, New Ventures violated and continues to violate Paragraphs 1(1), 13, and Appendix A, Section H, of the Order in contempt of Court.
64. By failing to maintain leachate collection tanks at less than 75% of their volume capacity, New Ventures violated and continues to violate Paragraph 1 (v) of the Order and MassDEP's 2005 ACOP in contempt of Court.
65. By allowing leachate collection tanks to overflow and release foul smelling leachate into stormwater collection basins and the wetlands abutting the Landfill, New Ventures violated and continues to violate Paragraph 1 (v) of the Order and MassDEP's 2005 ACOP in contempt of Court.
66. By failing to maintain and provide to MassDEP the required leachate daily log reports containing the date, time, liquid level and volume of leachate pumped from each leachate tank, New Ventures violated and continues to violate Paragraphs l(v) and 13 of the Order and MassDEP's 2005 ACOP in contempt of Court.
67. By failing to place and maintain tarps or tarp covered clay on the south slope of the Phase I Area, the Phase IIA Area, and Phase III Area, and by failing to cover the clay-like soil on the Phase IA Area with tarps, New Ventures violated and continues to violate Paragraphs 1 (j) and 1 (v) of the Order and Paragraph 1 of the Supplemental Order in contempt of Court.
68. By failing to submit the required Engineer's Weekly Status Reports to MassDEP, New Ventures violated and continues to violate Paragraph 1 (d) and Appendix A, Section C, of the Order in Contempt of the Court.
69. By failing to continuously collect the required meteorological data at the Landfill, New Ventures violated and continues to violate Paragraphs 1 (d), 1 (1), and Appendix A, Section F, of the Order in contempt of Court.
70. By failing to repair the digital flow meter on the enclosed flare at the Landfill, New Ventures violated and continues to violate Paragraphs 10 and 13 of the Order in contempt of Court.
71. By failing to maintain the berm and temporary storm water controls at the landfill in compliance with 310 CMR 1 9.043(5)(b) and 310 CMR 1 9.130(19)(b), New Ventures violated and continues to violate Paragraph 13 of the Order in contempt of Court.
72. By failing to maintain the hay bale and silt fences along the Landfill perimeter and abutting wetlands as required by 310 CMR 19.043(5)(b), 310 CMR 19.130(19)(b), and 310 CMR 19.130(20), New Ventures violated and continues to violate Paragraph 13 of the Order in contempt of Court.
RELIEF SOUGHT
Wherefore, the Commonwealth respectfully requests that this Court:
A. Issue a Summons pursuant to Mass. R. Civ. P. 65.3(d) directing the parties to appear before the Court within ten (10) days for a hearing on the merits of this Complaint;
B. Find New Ventures in contempt of this Court's Order and Supplemental Order;
C. Order that New Ventures immediately comply with all provisions of this Court's Order and Supplemental Order;
D. Award the Commonwealth its costs and attorneys' fees incurred in prosecuting this Contempt action; and
E. Order and Grant such other relief as the Court deems just and proper.
Respectfully submitted,
etc.
Dated: November 12,2008 |
| 15 L A T E S T R E P L I E S (Newest First) |
| massdee |
Posted - 03/04/2010 : 2:04:39 PM
Thursday, March 4, 2010
Baddour and Costello press hard on landfill (news release)
BOSTON – Legislation filed today by Representative Michael A. Costello (D- Newburyport) and Senator Steven A. Baddour (D – Methuen) would allow the state to access and directly manage landfills determined to be a public nuisance.
Under the law, the state would be allowed to enter a landfill immediately in order to perform remediation work and alleviate conditions causing the public nuisance, if the owner or operator cannot or will not do the work in a timely fashion. The legislators filed the bill in response to the outrageous circumstances at Newburyport’s Crow Lane landfill, which has been a threat to public health and environmental safety for years. In that time, residents have been affected by rotten egg odors and hydrogen sulfide gases emitted from Crow Lane. The landfill operator, the state and the city have been entrenched in a legal battle for more than two years over the conditions at Crow Lane.
“Crow Lane has revealed that we clearly have a flawed process, whereby the operator of the landfill has willingly become engaged in a lengthy legal battle while the residents who are affected by the landfill have been provided little relief,” said Representative Costello. “This legislation would allow the state provide immediate relief and then go to court later to determine how to recover costs.”
Costello and Baddour consulted with officials from the Department of Environmental Protection (MassDEP) and General Court counsel and staff to write the legislation, which would bring landfill regulations into alignment with those for hazardous waste sites in the state.
“The residents of the Crow Lane neighborhood have suffered long enough”, said Senator Baddour. “The DEP must be given the power to intercede with problematic landfills to protect the health and quality of life for not only the citizens of Newburyport – but throughout the entire Commonwealth.”
“MassDEP is pleased to work with Representative Costello, Senator Baddour, and Mayor Holaday to help develop legislation that will address a gap in our ability to effectively manage problem landfills,” MassDEP Commissioner Laurie Burt said. “We want to protect the citizens of the Commonwealth from unresponsive landfill operators to ensure that other communities will not have their quality of life negatively impacted.”
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| massdee |
Posted - 02/27/2010 : 3:57:05 PM
Part of landfill cover ripped off
Oh, and yeah ... about 10% of the permanent landfill cover installed last fall was ripped off the landfill and the gas extraction system was damaged.
This DEP update was from early Friday:
This morning New Ventures and Shaw personnel reported to MassDEP that high winds overnight had damaged the Flexible Membrane liner (FML) cap on the southwest corner of the landfill. An initial assessment by New Ventures and Shaw personnel indicates that approximately 10 % of the FML cap has been rolled off the landfill to the landfill top. In addition, as a result two landfill gas extraction wells have been damaged. The landfill gas system is currently shut down due to the damaged wells and a power outage in Newburyport.
New Ventures personnel are implementing measures to secure the edges of the undamaged FML and assessing how to repair the FML. New Ventures has also indicated they are attempting to obtain an emergency crew from the FML installer to repair the damaged FML. In addition, New Ventures is evaluating and will implement measures to reactivate the undamaged portion of the landfill gas extraction system and the two damaged extraction wells.
And this one was from later in the day:
Shaw personnel have reported to MassDEP that New Ventures:
· Resumed operation of the undamaged portion of the landfill gas system resumed at approximately 1:50 PM today;
· Placed temporary caps on the three damaged extraction wells and related portions of the landfill gas piping pending repair of the wells;
· Secured the edges of the undamaged FML with sand bags; and
· Completed replacement of the automatic flow control valve on the enclosed flare.
Shaw personnel monitored the restarting of the flare and pre-treatment system and report that the pretreatment system is meeting the removal standard for H2S and the flare is operating at the proper temperature. Shaw personnel will continue to monitor the landfill this weekend and report their findings to MassDEP staff.
New Ventures is continuing to contact the FML installer, GSE, to arrange for an emergency crew to repair the damaged FML.
That's interesting wording - New Ventures is continuing to contact the FML installer, GSE, to arrange for an emergency crew to repair the damaged FML - since I just wrote for the Current that DEP had to use some of the financial assurance mechanism (escrow) put down by New Ventures to pay this vendor (the assumption being that NV refused or was unable to pay for it).
Also check out the story in yesterday's Daily News.
http://portreporterunlimited.blogspot.com/
"Here comes the judge" |
| Tails |
Posted - 02/26/2010 : 6:38:54 PM
DEP again warns landfill owner to comply with agreement
By Katie Farrell Lovett
Staff writer
February 26, 2010 03:41 am
—
NEWBURYPORT — The state Department of Environmental Protection has once again warned New Ventures to bring the ongoing landfill capping into compliance with the requirements of the settlement agreement and final judgment documents.
John Carrigan, chief of the solid waste management section of DEP, sent a notice to New Ventures owner William Thibeault on Feb. 19, again notifying the landfill operator that he has to respond to the notice within 72 hours and to complete all of the items, which were outlined in a settlement agreement signed last year that was meant to fix problems at the landfill.
This is the second such notice sent by DEP. A similar letter was sent at the end of January.
Mayor Donna Holaday said yesterday she wants to find out answers to her questions, such as the next step the state will take. "This is what I keep pushing for," she said. "I'd like to talk to the AG's office."
While the mayor said the situation improved after New Ventures covered an exposed pipe and the flare began operating again, she is still seeing odor readings come in too high.
"Things aren't terrific," Holaday said.
Holaday said she met with Thibeault last week to discuss the happenings of the last few months.
In the letter sent last week, Carrigan addresses 10 specific items that show New Ventures is out of compliance with the terms of the settlement agreement and final judgment.
New Ventures purchased the landfill in 2000 with the plan of closing it by heaping tons of demolition debris on top and capping it. The debris includes gypsum board, which emits a stench when it rots.
For the past few months, odors of hydrogen sulfide have grown worse, plaguing neighbors and causing health problems. For more than five years, the neighbors have dealt with these odors, which cause nausea, headaches, watery eyes and sinus infections, among other ailments.
After several shutdowns due to violations, the landfill capping began again in earnest last spring after then-Mayor John Moak and former Health Director Jack Morris issued an administrative order directing New Ventures to begin capping the landfill according to the terms set by the DEP.
But problems continue to arise for the neighborhood as the capping continues toward an end date of this spring.
New Ventures "continues to fail to take adequate action and implement the measures necessary to operate the pretreatment system in compliance with the requirements of the final judgment," Carrigan wrote, and the readings of the hydrogen sulfide odors at the landfill are still high, and odors are present.
Steps have not been taken by New Ventures to ensure that the gas extraction system, pretreatment system and the flare are working properly, he added.
New Ventures is also continuing to fail to properly repair tears and rips in the liner and to maintain the temporary storm-water controls, Carrigan wrote.
Joe Ferson, a spokesman with the state DEP, said yesterday that New Ventures is required to take all actions necessary to return to compliance and to address the specific issues outlined in the letter.
"They have to," he said. "They're in violation of the settlement agreement and final judgment."
http://www.newburyportnews.com/permalink/local_story_056225501.html?dsq=37054005#comment-37054005 |
| massdee |
Posted - 02/21/2010 : 7:03:18 PM
This is the middle of winter and those poor people are still having odor problems. What is it going to be like for them in a couple of months when the warmer weather returns?
It appears to me that Mr Thibeault has no conscience and only cares about the almighty buck.
Just my opimion....
"Here comes the judge" |
| Tails |
Posted - 02/21/2010 : 4:51:29 PM
Councilor proposes odor fines: Smell at Crow Lane landfill prompts official to file ordinance.
By Katie Farrell Lovett The Daily News of Newburyport, Mass.
Publication: LexisNexis
Date: Monday, February 8 2010
Feb. 8--NEWBURYPORT -- The situation at the Crow Lane landfill is at the worst it can get, At-Large Councilor Kathleen O'Connor Ives said, and the City Council needs to do something.
O'Connor Ives, a second-term councilor, has filed an ordinance for today's meeting that would allow the city's health director to impose fines on any party that violates rules and regulations relative to atmospheric pollution, by creating air pollution -- or, in the case of the landfill, odors from the emission of hydrogen sulfide.
The ordinance does not mention the landfill in particular and is geared toward all forms of air pollution, but O'Connor Ives said it was at a landfill advisory committee meeting four months ago that the idea was first broached to create a City Council ordinance to address the odors.
She was motivated to submit the measure specifically because of hydrogen sulfide exposure from the landfill, O'Connor Ives said, but its rules and regulations would be applied to any business or entity, as a standard of public health.
Under the ordinance, anyone who violates it may be penalized by indictment or a complaint filed in district court. The court can impose up to a maximum amount of $300 in fines for each offense.
Violators can receive a fine of $50 for the first offense, $100 for the second offense, $200 for the third offense and $300 for the fourth offense and each one after. Each day on which there is a violation can be deemed a separate offense.
O'Connor Ives said nothing has changed in the four months that the idea was first mentioned and the city is in an even worse position. She has included an emergency preamble to her ordinance that cites the situation at the Crow Lane landfill that "involves the health and safety of residents."
The preamble may allow the City Council to skip the step of sending the measure to their subcommittees for review as they could agree to vote on it today.
O'Connor Ives said she wants to use the tools the City Council has to address the problem. Last year, she sponsored a measure that allowed the City Council to hire its own independent lawyer to review the terms of an administrative order issued by former Mayor John Moak over the landfill.
The council has no financial resources, O'Connor Ives said Friday, which limited what actions they could take with an attorney.
While the state Department of Environmental Protection has issued its own notice to Crow Lane owner/operator William Thibeault and New Ventures, ordering him to bring the closure of the landfill into compliance with a settlement agreement, the state's Attorney General's Office is the enforcement agency, O'Connor Ives said.
"The council has to use whatever resources we have, as limited as they are," she said.
If passed by the council, O'Connor Ives said she would look to the city's attorneys for guidance on enforcement measures.
New Ventures has "a major problem complying with anything," O'Connor Ives said. "But, as we've experienced, they're motivated by money." If the landfill operation becomes "too expensive for them to operate irresponsibly," maybe they would bring it into compliance, she said.
"At this point, it's as bad as it can be, so all we can do is try."
Ron Klodenski, who lives in the neighborhood around the landfill, said Friday he was "encouraged" by O'Connor Ives' measure. "I can't wait to see it," he said.
Ward 5 Councilor Brian Derrivan, who represents that neighborhood, said he "wholeheartedly" agreed with the ordinance. "I think it's something we need to look at," he said.
A flare set up at the landfill as part of the gas extraction system to dissipate the odors that create a nuisance and health problems for the neighbors malfunctioned Wednesday, causing some odor complaints to be reported.
The flare is used to help control the odors of hydrogen sulfide. |
| massdee |
Posted - 02/17/2010 : 2:19:19 PM
Crow Lane landfill blame fails to clear air
By Gillian Swart/newburyport@cnc.com
GateHouse News Service
Posted Feb 05, 2010 @ 12:37 PM
Last update Feb 15, 2010 @ 10:41 AM
Newburyport —
The state Department of Environmental Protection last week cracked down on Crow Lane landfill owner New Ventures with a 72-hour demand letter to improve conditions. In response, New Ventures issued an eight-page letter.
All of that rhetoric has Mayor Donna Holaday saying it’s time for the city to chart its own course to resolve ongoing problems related to the landfill capping.
“Now we have to decide what the city’s next steps are,” Holaday said Wednesday.
Newburyport has hired a new health director, Robert Bracey, who starts work Feb. 22. But even before his employment was official, the mayor and Bracey met with former Director of Health John Morris on Feb. 1.
The Health Department plays a major role in the city’s interaction with the landfill owner, including enforcing health-related issues such as the release of landfill gases into the air. Bracey will be well versed in ongoing problems when he reports on the job later this month.
The state’s demand letter sent Jan. 26 gave New Ventures 72 hours to resolve numerous issues at the Crow Lane landfill, including the continued release of hydrogen sulfide gas, condensation issues in the gas extraction system and the enclosed flare that burns off the landfill gases. The landfill owner is required to address issues in a timely manner under a settlement agreement and final judgment resulting from a court case in Suffolk Superior Court last year.
In a letter dated Jan. 29 from New Ventures attorney Richard Nylen, the company said it has retained a new company to maintain and service the flare and that it will keep parts for routine maintenance of the flare on site. Nylen said, in response to MassDEP’s demand that New Ventures take action within 72 hours, that the request “exceeds the requirements of the Settlement Agreement.”
MassDEP also demanded that New Ventures “locate and seal any points of [hydrogen sulfide] landfill gas release from [final membrane layer] cap, the [landfill gas] system, berm, drainpipe, Basin 1 or other places.” New Ventures settled a civil suit and entered into an agreement with the state before resuming capping the landfill last spring.
But Holaday said the problem, as she sees it, is with the state attorney general’s office.
“They [AG office] don’t want to go after him [William Thibeault, landfill owner],” she said. “And I don’t understand it. He hides behind 75 or 76 LLCs, and he gets away with it.”
DEP spokesman Joe Ferson said Tuesday his department and the attorney general’s office are reviewing the New Ventures response to the DEP order. Ferson said the DEP would have no further comment at this time.
MassDEP has an environmental company monitoring activity at the landfill, which Holaday pointed out is being paid with taxpayers’ money. Newburyport will be fighting this issue “for years and years, long after New Ventures is gone,” the mayor said.
Holaday said the city does not see a penny of the fines paid by New Ventures, although “we put up with all the problems.”
“Why didn’t they think about design?” she asked. “Why didn’t they think about using the [landfill] gases? But that’s all hindsight.”
The decision by Mayor John Moak last year to permit New Ventures back to the site after the company had been shut out was not a bad one, in Holaday’s view.
“I think things were worse when things were in limbo,” she said. “It makes sense to move it forward and get it done,” she said, in agreement with Moak’s actions.
Now that most of the landfill is covered with the final membrane layer, it no longer falls under Noisome Trade, which relates to the trucking of construction and demolition debris.
Holaday also is concerned because the city has yet to review a report that New Ventures gave MassDEP months ago, that report related to the berm that supports the massive pile.
“I’m very concerned about the berm,” Holaday said, “and the flare system.”
A recent incident in which accumulated methane gas caused a blowback when the flare was re-started resulted from a “totally inexperienced kid jerry-rigging a fix.” She said the blowback was similar to what occurs while lighting a barbecue grill, after gas escapes into the air.
Ward 5 City Councilor Brian Derrivan was on site when the blowback occurred and reported to landfill neighbors. “What would we do without [Derrivan]?” Holaday asked. “He is the most committed, diligent person. I’m grateful for his knowledge, his advocacy of the residents and his support.”
Taking all of the landfill issues into account, Holaday predicted there would be “lots of discussions that need to happen in the next few weeks.”
http://www.wickedlocal.com/newburyport/news/x1431749402/Blame-fails-to-clear-air
"When the cats away the mice will play" |
| massdee |
Posted - 02/17/2010 : 1:58:34 PM
City council takes aim at air pollution
By Gillian Swart/newburyport@cnc.com
GateHouse News Service
Posted Feb 12, 2010 @ 11:25 AM
Last update Feb 15, 2010 @ 10:35 AM
Newburyport —
The city council is considering amendments to a health and sanitation ordinance that at least one councilor hopes will help with the situation at the privately-owned landfill on Crow Lane.
At-large Councilor Kathleen O’Connor Ives on Feb. 8 presented to the city council language to amend the current ordinance that would set stiff penalties - $1,000 to $10,000 - for violators who emit atmospheric pollution.
Ives’ specific intent was to limit exposure to residents of hydrogen sulfide gas that has been a recurring problem at the landfill.
The wording of the proposed amendment sets a fine of not less than $1,000 and not more than $5,000 for the first offense and a fine of $5,000 to $10,000 for subsequent offenses. The language also stipulates that “each day or part thereof of violation” will constitute separate and succeeding offenses.
Enforcement will be by the city’s health department and the state superior court.
Ives said after the Feb. 8 council meeting that the revised ordinance will set enforceable standards of public health so residents aren’t exposed to hydrogen sulfide. “So we’ll see if something comes of this,” she said.
The amendments to the ordinance were referred to the council’s general government and planning and development committees.
Ives said she hopes representatives from the Massachusetts Department of Environmental Protection will attend committee meetings, along with members of the Board of Health and the city’s new director of health Robert Bracey, to explain how enforcement of the law would work. Bracey takes up his duties on Feb. 22.
DEP oversees operations at the landfill, which is owned by New Ventures LLC. Ives also said she drafted the ordinance as a “blanket ordinance that would cover different zoning areas.”
Neighbors of the landfill and residents in other parts of the city are frequently exposed to hydrogen sulfide gas leaking from the landfill. A gas extraction system with a flare to burn off landfill gases seemingly regularly malfunctions, allowing the noxious gas to go into the air and be blown around the area and sometimes the whole city. The gas smells like rotten eggs.
Neighbors and others also complain of a recurring burning smell. Representatives from DEP in 2009 said in a meeting with the public that there is no evidence that the interior of the landfill is burning.
On Feb. 3 the flare was turned off for routine maintenance of another area of the landfill and would not come back on. The flare was operational by the weekend. Mayor Donna Holaday wrote to residents on an e-mail chain that she had “been in conversation” with DEP and the landfill owner regarding the problems with the flare.
On Jan. 15 there was a blowback of methane gas, which sounded like an explosion, when the flare was re-started after maintenance on the gas extraction system.
Holaday said Feb. 6 that William Thibeault, owner of New Ventures, has asked her for a meeting. The mayor has also had frequent conversations with DEP about issues at the landfill.
The DEP ordered New Ventures to fix several problems at the site in a Jan. 26 letter. A DEP spokesman said last week a response from New Ventures had been received and the agency was reviewing the response with the attorney general’s office. The DEP declined further comment.
Capping of the contentious landfill resumed in the early summer of 2009 after the state came to a settlement agreement with New Ventures following years of fines and injunctions against the owner to cap the landfill per agreements with DEP, the city and New Ventures.
http://www.wickedlocal.com/newburyport/news/x1631828111/City-council-takes-aim-at-air-pollution
"When the cats away the mice will play" |
| Tails |
Posted - 02/09/2010 : 10:16:01 PM
Does Chip Nylen even have a conscience? He does nothing but make excuses for all these problems, and is paid big money to keep delaying, but in the mean time, there are residents that are getting SICK and inhaling hydrogen sulfide while they take their sweet @ss time in correcting it. |
| massdee |
Posted - 02/09/2010 : 10:02:12 PM
Crow Lane landfill blame fails to clear air
By By Gillian Swart/newburyport@cnc.com
GateHouse News Service
Posted Feb 05, 2010 @ 12:37 PM
Last update Feb 05, 2010 @ 01:02 PM
Newburyport —
The state Department of Environmental Protection last week cracked down on Crow Lane landfill owner New Ventures with a 72-hour demand letter to improve conditions. In response, New Ventures issued an eight-page letter.
All of that rhetoric has Mayor Donna Holaday saying it’s time for the city to chart its own course to resolve ongoing problems related to the landfill capping.
“Now we have to decide what the city’s next steps are,” Holaday said Wednesday.
Newburyport has hired a new health director, Robert Bracey, who starts work Feb. 22. But even before his employment was official, the mayor and Bracey met with former Director of Health John Morris on Feb. 1.
The Health Department plays a major role in the city’s interaction with the landfill owner, including enforcing health-related issues such as the release of landfill gases into the air. Bracey will be well versed in ongoing problems when he reports on the job later this month.
The state’s demand letter sent Jan. 26 gave New Ventures 72 hours to resolve numerous issues at the Crow Lane landfill, including the continued release of hydrogen sulfide gas, condensation issues in the gas extraction system and the enclosed flare that burns off the landfill gases. The landfill owner is required to address issues in a timely manner under a settlement agreement and final judgment resulting from a court case in Suffolk Superior Court last year.
In a letter dated Jan. 29 from New Ventures attorney Richard Nylen, the company said it has retained a new company to maintain and service the flare and that it will keep parts for routine maintenance of the flare on site. Nylen said, in response to MassDEP’s demand that New Ventures take action within 72 hours, that the request “exceeds the requirements of the Settlement Agreement.”
MassDEP also demanded that New Ventures “locate and seal any points of [hydrogen sulfide] landfill gas release from [final membrane layer] cap, the [landfill gas] system, berm, drainpipe, Basin 1 or other places.” New Ventures settled a civil suit and entered into an agreement with the state before resuming capping the landfill last spring.
But Holaday said the problem, as she sees it, is with the state attorney general’s office.
“They [AG office] don’t want to go after him [William Thibeault, landfill owner],” she said. “And I don’t understand it. He hides behind 75 or 76 LLCs, and he gets away with it.”
DEP spokesman Joe Ferson said Tuesday his department and the attorney general’s office are reviewing the New Ventures response to the DEP order. Ferson said the DEP would have no further comment at this time.
MassDEP has an environmental company monitoring activity at the landfill, which Holaday pointed out is being paid with taxpayers’ money. Newburyport will be fighting this issue “for years and years, long after New Ventures is gone,” the mayor said.
Holaday said the city does not see a penny of the fines paid by New Ventures, although “we put up with all the problems.”
“Why didn’t they think about design?” she asked. “Why didn’t they think about using the [landfill] gases? But that’s all hindsight.”
The decision by Mayor John Moak last year to permit New Ventures back to the site after the company had been shut out was not a bad one, in Holaday’s view.
“I think things were worse when things were in limbo,” she said. “It makes sense to move it forward and get it done,” she said, in agreement with Moak’s actions.
Now that most of the landfill is covered with the final membrane layer, it no longer falls under Noisome Trade, which relates to the trucking of construction and demolition debris.
Holaday also is concerned because the city has yet to review a report that New Ventures gave MassDEP months ago, that report related to the berm that supports the massive pile.
“I’m very concerned about the berm,” Holaday said, “and the flare system.”
A recent incident in which accumulated methane gas caused a blowback when the flare was re-started resulted from a “totally inexperienced kid jerry-rigging a fix.” She said the blowback was similar to what occurs while lighting a barbecue grill, after gas escapes into the air.
Ward 5 City Councilor Brian Derrivan was on site when the blowback occurred and reported to landfill neighbors. “What would we do without [Derrivan]?” Holaday asked. “He is the most committed, diligent person. I’m grateful for his knowledge, his advocacy of the residents and his support.”
Taking all of the landfill issues into account, Holaday predicted there would be “lots of discussions that need to happen in the next few weeks.”
http://www.wickedlocal.com/newburyport/news/x1431749402/Blame-fails-to-clear-air
"Peek-a-Boo, I see you" |
| massdee |
Posted - 02/08/2010 : 10:34:42 AM
Monday, February 8, 2010
Landfill in the news again ... and again
At tonight's City Council meeting, Kathleen O'Connor Ives (councillor-at-large) will be presenting a draft ordinance to amend the city's atmospheric pollution ordinance and impose fines on violators.
Who knew we had one of those ordinances?
This relates to the Crow Lane landfill, of course. Mayor Donna Holaday told me in an interview for the Current last week that the Noisome Trade designation expired when New Ventures stopped bringing loads of C&D to the site (I gather the 'noisome trade' was the trucks rumbling in).
I'll write more about the ordinance after tonight's meeting, but the first link in this post is to an account in today's Daily News.
Meanwhile, landfill neighbors this past week were again complaining about that mysterious burning smell and someone as distant as lower Warren St. said she smelled it this week also and reported it on the Virtual Wolfe Tavern message board on the Comity.org website.
I think I mentioned that I had also smelled it, last winter. It's a very acrid smell, which I thought was most similar to the smell of burning rubber, although Dominique (Dear, who with her husband runs Comity.org) writes and said that it reminds her of wood that has already burned - as in, is there burned wood in the landfill?
Holaday told me later in the week that she has met Mr. Thibeault (owner of the landfill) I think three times and that he is asking for a meeting with her as mayor. So far she is showing a lot of spine on this issue (and remember, she is a lawyer) so let's keep our fingers crossed!
Posted by Gillian Swart at 9:37 AM
http://portreporterunlimited.blogspot.com/
"Peek-a-Boo, I see you" |
| Tails |
Posted - 01/27/2010 : 3:37:04 PM
That is exactly my point of keeping a log of the landfill issues. What happens there will affect us. The DEP should be made aware of the current violations at Wood Waste too. There are piles adding up outside, it stinks at Wood Waste, and most important the deadline has come and gone for that permanent structure. It’s time to stop inviting Wood Waste and their representatives to meetings, and shut them down until they abide by the consent agreement. We have to start being vigilant like Newburyport. Massdee, we are totally on the same page as far as this issue is concerned and it’s unfortunate that residents from both cities have to suffer at the hands of Thibeault. |
| massdee |
Posted - 01/27/2010 : 2:38:49 PM
Why am I not surprised. It's more of Thibeault being Thibeault. We in Everett need to remain vigilant also. The deadline has come and gone for Wood Waste to start building their permanent structure. They have been in violation for quite sometime now. Did Everett ever begin collecting the $20.00 a day fines? If so how much have we collected? If not, then why haven't we?
I am so disgusted with the way Thibeault does business. He has put those poor people in Newburyport through Hell.
"Just Clowning Around" |
| Tails |
Posted - 01/27/2010 : 1:59:20 PM
http://www.newburyportnews.com/archivesearch/local_story_026230156.html
DEP to owner: Stop stench - State gives landfill operator 72 hours
By Katie Farrell Lovett
Staff writer
NEWBURYPORT — As the stink coming from the Crow Lane landfill hits unbearable levels, the state Department of Environmental Protection is sending owner and operator New Ventures notice to fix numerous problems that violate a settlement agreement.
William Thibeault, president of New Ventures, has to respond to the notice within 72 hours and to complete all of the items, which were outlined in a settlement agreement signed last year that was meant to fix problems at the landfill. But problems have persisted, and the past week or so has been one of the worst for the landfill's several hundred neighbors — the rotten egg-like stench has been overwhelming, they say.
Mayor Donna Holaday and City Councilor Brian Derrivan, who represents the Crow Lane neighborhood, were notified of DEP's letter to New Ventures prior to a scheduled meeting yesterday afternoon.
Holaday said last night she was pleased by the letter, calling it "quite extensive."
The issues outlined by DEP include controlling the release of odors and maintenance of the landfill gas system, the gas collection system and the flare, which New Ventures must maintain to prevent the release of hydrogen sulfide and other landfill gases. The gases cause the stench.
Failure to comply with the terms of the final judgment and settlement agreement has created "nuisance conditions" for the residential neighborhood, state officials wrote to New Ventures.
Holaday said yesterday that odors were continuing to escape from the exposed outflow pipe and uncovered parts.
The meeting came after a weekend full of phone calls between the mayor, councilor and state officials.
For about three weeks, odors of hydrogen sulfide have grown worse, plaguing neighbors and causing health problems. For more than five years, the neighbors have dealt with these odors, which cause nausea, headaches, watery eyes and sinus infections, among other ailments.
New Ventures purchased the landfill in 2000 with the plan of closing it, by heaping tons of demolition debris on it and capping it. The debris includes gypsum board, which emits the stench when it rots.
After several shutdowns due to violations, the landfill capping began again in earnest last spring after then-Mayor John Moak and former Health Director Jack Morris issued an administrative order directing New Ventures to begin capping the landfill according to the terms set by the DEP.
On Saturday, Holaday told landfill neighbors that she was able to get DEP to work with New Ventures and place a soil cover over an exposed outflow pipe near the haul road that was determined to be causing the odors. However, after visiting the site again, she said, "it was clear this was not the only fix needed."
At the City Council meeting Monday, Derrivan urged his fellow councilors to help him take a "more proactive role" in protecting the neighbors of the landfill.
The council owes it to them to do so, he said. This is a "real issue" that is not going away, Derrivan said.
Derrivan said he would like the City Council to discuss hiring its own environmental attorney, as DEP has given no indication that "they're there to help us," he said.
"I need everybody's help on this," Derrivan added. "The residents need our help right now."
Derrivan said yesterday his address to the council was based on his frustration. Still, bringing in someone new would be a "good idea" and should be talked about, he said.
After seeing the letter DEP was sending to New Ventures with their request for action. Derrivan said he knows the DEP is frustrated as well.
"I think we're going in the right direction here," he said. "(DEP) would like to see this come to a successful end."
Derrivan said the document shows how DEP has been working to address the landfill.
"What they're asking here, it looks like they've been working on it for quite a while," he said.
"We're going to have to see how this plays out, if New Ventures responds or if they don't," Derrivan said.
During a visit to the city in July, DEP Commissioner Laurie Burt said the goal of the state agency is the same as everyone else's — to finally get the landfill closed. Burt said the state would take new steps in the monitoring of smells from the site as well as communication about what's being done.
The state has set up an e-mail update for the neighbors and interested parties about the capping, and DEP has a monitor at the site daily.
Click here for letter
http://plus.eagletribune.com/content/news/nt/letter.pdf
|
| Tails |
Posted - 01/25/2010 : 2:55:28 PM
I feel so terrible for these residents. The state confirms VERY HIGH readings and not much gets done? Then I read that New Ventures/Wood Waste has stopped activities for the season?? Where is the waste from Wood Waste going?? There is a huge pile that’s been piling up over on the Stop & Shop side which all this is a violation of the Everett Consent agreement, I would imagine. Worse of ALL, the owner ONCE AGAIN DENIES there’s a problem!
More questions raised about Crow Lane landfill
By Katie Farrell Lovett
Staff writer
January 25, 2010 03:58 am
http://www.newburyportnews.com/punews/local_story_024222125.html
NEWBURYPORT — Mayor Donna Holaday will meet with the state's Department of Environmental Protection this week to discuss the Crow Lane landfill capping following reports of worsening odor outbreaks from neighbors and an explosion caused by the methane in the flare.
The meeting comes following a series of conversations between the mayor and DEP, and site visits to the landfill by the mayor, DEP officials and Ward 5 Councilor Brian Derrivan, who represents the area surrounding Crow Lane.
"I spent many hours this weekend in conversations with DEP regarding the current status of the landfill," Holaday wrote in an e-mail chain to residents, state and city officials and the media.
The state confirmed very high readings of hydrogen sulfide — a gas that has a rotten-egg-like smell — from the outflow pipe near the haul road, Holaday wrote in an e-mail Saturday. "I was able to get DEP to work with New Ventures to come out today to place a soil cover over this pipe, but when I arrived on site this evening with Councilor Derrivan it was clear this was not the only fix needed. It is perplexing when I reviewed the data logs that perimeter readings are showing only .02-.04 readings when the odors and complaints continue to be elevated. I am concerned about the anticipated weather patterns and the impact this will have and will continue to monitor your e-mails as well as make site visits."
Derrivan also met with DEP officials on Friday, at the site, to try to determine where the odors are coming from.
For about three weeks, odors of hydrogen sulfide have grown worse, plaguing neighbors and causing health problems. For more than five years, the neighbors have dealt with these odors, which cause nausea, headaches, watery eyes and sinus infections, among other ailments.
"Every morning I leave for work and it stinks, I get home 12 hours later and it stinks," abutter Deb Woodbury wrote last week to the e-mail chain. "I wake up in the night and it stinks and then the night is sleepless. Do you really think that after I work all day that I deserve to come home to a stench that would make the faint of heart vomit? Do you think my 12-year-old son deserves to live like this? Lastly do you think that my husband has not been fair and patient waiting for wrongs to be righted and for this nasty project, forced on us by the state, to be completed? This is like Groundhog Day, only real life."
Derrivan said the odors are getting worse.
"Some of the odors the last few days are just unbelievable," Derrivan said, "This is a consistent, nauseating smell." He added that he left the landfill Friday after spending 15 minutes there and had a "pounding headache."
Surveying the landfill, Derrivan said it's evident there are problems near the haul road and berm, the parts of the landfill that won't be covered with a protective layer until the capping is finished.
He wondered why the state had yet to take action as the problem is clear.
"Why isn't anything getting done?" he asked. New Ventures has stopped activities at the site for the season. Shaw Engineering, hired by the state, is on site each day in order to monitor the site and address any odor outbreaks.
Derrivan wondered why the situation wasn't addressed earlier.
"Here we are, three or four weeks later and they're not addressing them and that's a concern," Derrivan said. "I can't even imagine what some of these residents are going through right now. It's absolutely ridiculous."
Derrivan met with a DEP official Friday and said the odors were determined to be coming from the overflow pipe that had been installed and left uncapped in the basin, in particular.
"After many phone calls from the mayor and me, New Ventures has been directed by the DEP to cover and seal the pipe Saturday morning," he wrote in an e-mail Friday afternoon.
Ed Coletta, a spokesman for DEP, said the state agency has had workers at the site over the last several days to work with Shaw and try to find a source for the latest round of odors. Shaw has been tracking the odors and reporting them, he said.
The breakouts are coming from the area that is not covered, he said. The state is working to get New Ventures to come to the site and address the problems, Coletta said.
"We're unhappy that this is happening; obviously we want to do what we can to find these types of breakouts," Coletta said. "Unfortunately, the owner is denying that there is a problem at this point."
DEP northeast regional director Richard Chalpin was not available for comment Friday.
The odors came after a blow-back explosion of the methane in the flare caused pictures to fall from the walls in some homes and frightened neighbors.
Derrivan likened the situation last weekend to starting a gas grill. The methane was coming out while the flare wasn't starting, he said, and once it did, it blew back.
"From what I understand, this was not the first time residents had heard it," Derrivan said. It raises questions about the flare, he said, and who is operating it.
Copyright © 1999-2010 cnhi, inc. |
| Tails |
Posted - 01/23/2010 : 10:31:14 PM
Landfill noise elevates safety concern -
NEWBURYPORT - People in the neighborhood of the Crow Lane landfill are accustomed to the side effects of gas emitted from the site, but the presence of another gas started off their weekend with a bang last Thursday. Methane, not hydrogen sulfide, was the source of a different noxious odor and a startling loud noise on Jan. 14.
Ward 5 City Councilor Brian Derrivan e-mailed neighbors after learning of a “boost of methane that resulted in a blowback that might have sounded like an explosion” at about 6:30 p.m. Abutters of the landfill described the sound variously as “disconcerting,” frightening and/or “unsettling.”
The culprit is believed to have been a blowback of methane gas when a flare that burns off landfill gas was restarted after repairs and maintenance.
Derrivan followed up on the incident on Jan. 17, with this message to neighbors in a large e-mail group: “Mayor Holaday and myself have been in contact with the DEP this afternoon and have asked them to have a representative from NV [landfill owner New Ventures Inc.] inspect the flare tonight. We have also let DEP know that we are very concerned with the recent odors and flare malfunctions over the last few weeks. The mayor has asked the state Department of Environmental Protection, MassDEP, to give the city an assessment of what the problems are and how they will be addressed.”
Strict DEP regulations Methane, the primary component of natural gas, is an odorless, colorless, flammable gas that can be explosive when mixed with air in an enclosed space and can cause asphyxiation if it displaces the oxygen in the enclosed space. Structures on or near landfills can be at risk for methane penetration.
The state has solid waste management facility regulations and air quality regulations that require owners, operators and permittees of solid waste facilities to control the concentrations of explosive and malodorous gases and other air pollutants to maintain air quality and to prevent the occurrence of nuisance conditions or public health or safety problems.
State DEP written guidelines dated September 2007 require that:
“Landfill gas collection and control systems need to be properly designed and operated so that [hydrogen sulfide] and other odorous gasses are adequately controlled and secondary problems are not created, such as overloading a landfill flare with [hydrogen sulfide], which causes emissions of [sulfur dioxide] from the flare to exceed permitted levels.
“Sufficient resources to ensure the proper operation of a landfill gas collection and treatment system can also be a critical factor in the successful operation of a landfill gas and odor control system.”
The gas recovery system at the landfill has been shut down or inoperative numerous times since the landfill was re-opened by former Mayor John Moak and the state in late April 2009. Many times the problem has been located in the lines that move gas out of the landfill mass.
That gas is burned off with a flare that, in the past, has gone out, resulting in releases of untreated gas into the air. Hydrogen sulfide is the most frequently smelled gas because of its natural noxious odor, but neighbors also have complained about the odor of sulfur dioxide and a yet-to-be-identified burning smell.
The Newburyport Health Department on March 25, 2009, issued an administrative order to New Ventures to resume capping the landfill according to the requirements and guidelines issued by the state Department of Environmental Protection. A month later, on April 30, a Suffolk Superior Court judgment ordered New Ventures to close the site within one year and 60 days.
The consent judgment required the Crow Lane landfill to be fully capped by the end of 2009. All but the haul road was capped with a final membrane layer before DEP ordered construction halted for the winter.
More than 89 neighbors last fall joined in a court action against landfill owner New Ventures. In a complaint filed Oct. 23 in Essex County Superior Court, neighbors claim to have been exposed to air pollution and hydrogen sulfide odors emanating from the facility.
http://www.wickedlocal.com/newburyport/news/x231950967/Landfill-noise-elevates-safety-concern |
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