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Tails
Administrator



2682 Posts

Posted - 07/09/2008 :  7:30:42 PM  Show Profile Send Tails a Private Message  Reply with Quote
I'll post the latest on Newburyport to bury the spam. Nothing new however, they know more about the preliminary injunction than us, and it concerns Everett. Gee... that was real helpful wasting the BOA's time to talk about ALL issues concerning Wood Waste. I would not be too happy if I was the one that put that on the calendar and information was kept from me.


Thoughts on the landfill battle
So now that the city is being sued over landfill issues, I wonder if non-neighboring residents give a hoot yet?

There is a hearing scheduled for 2 p.m. on July 14, at Suffolk Superior Court. It seems our issues are lumped together with those of Everett because there is also a preliminary injunction hearing about Wood Waste (landfill owner's Everett company) at the same time.

So, to recap the latest: Landfill owner also owns a facility in Everett, where he recycles construction debris that has then been coming to our landfill. Due to cease and desist and various other orders, he has not been able to do so with any consistency for some time. Debris is building up in Everett, causing similar olfactory distress to what neighbors of our landfill suffer in that city, some 30 miles south of us.

Landfill owner also plans to buy from the City of Everett abutting land to Wood Waste facility to expand and re-develop the site into a hotel or biotechnology center, according to the Boston Globe.

The Wood Waste facility would be moved to another (contaminated) site owner plans to buy, also in Everett, which he would negotiate to buy, clean, and develop into a "massive" office, retail, and residential center. (Boston Globe)

So you can see what William Thiebault, the owner, has at stake here and how very much our City Council's decision to not open up our Host City Agreement with the aim of expanding Thibeault's dumping at the Crow Lane landfill for the rest of this year put a monkey wrench in his plans.

You also can see what a bargaining position we are in - well, except that the city dumped contaminated sludge at the landfill prior to Thibeault purchasing it and may be liable for cleanup costs there.

This is the hammer hanging over the city's head, so to speak. (I wonder why no one can say if the city is liable, or not? Someone must know at this point.)

Someday, somehow, this man is going to prevail. You know he will. Money talks (and hires lots of legal assistance).

All we can do now is make a statement to the Attorney General, the DEP, and whoever else is letting this man run amok in our city, in Everett, and who knows where else.

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Edited by - Tails on 07/09/2008 7:32:38 PM
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tetris
Moderator



2040 Posts

Posted - 07/09/2008 :  7:54:48 PM  Show Profile Send tetris a Private Message  Reply with Quote
Just "burying" inappropriate posts
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massdee
Moderator



5299 Posts

Posted - 07/09/2008 :  8:16:41 PM  Show Profile Send massdee a Private Message  Reply with Quote
Thanks, again. I took care of them.
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outoftowner
Member



24 Posts

Posted - 07/10/2008 :  10:10:59 AM  Show Profile Send outoftowner a Private Message  Reply with Quote
Conference in Suffolk Superior Court with Wood Waste of Everett, New Ventures of Newburyport, City of Newburyport, Mass DEP, Mass Attorney General:

Monday, July 14, 2 pm

Suffolk Superior Court, 3rd floor, Pemberton Sq., Boston
Map:
You must be logged in to see this link.

Could be important, but also could be just a lot of legalese and jockeying for position.
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massdee
Moderator



5299 Posts

Posted - 07/11/2008 :  11:51:32 AM  Show Profile Send massdee a Private Message  Reply with Quote
I wonder if any of our city officials will be attending this hearing. I was going to attend but will be out of state that day. I hope someone from Everett will show up.
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massdee
Moderator



5299 Posts

Posted - 07/11/2008 :  2:46:54 PM  Show Profile Send massdee a Private Message  Reply with Quote

This is a copy of the summons that Newburyport received from New Ventures, aka William Thibeault. I wish we could see a copy of the pending preliminary injunction for Wood Waste.


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outoftowner
Member



24 Posts

Posted - 07/11/2008 :  8:43:52 PM  Show Profile Send outoftowner a Private Message  Reply with Quote
Rumors floating around Newburyport say the preliminary injunction for Wood Waste in Everett is a big, long document with lots of requirements, but it is very short on enforcement mechanisms.

This is standard DEP. Their preliminary injunctions seem to cover a lot of operating details and really impress the lawyers, but when Wood Waste thumbs its nose at them, the DEP will be helpless. The Newburyport PI was this way, also. If Everett is pinning its hopes on the DEP preliminary injunction, it better set aside half of its budget for legal fees.

Oh, but even lots of legal spending might not help much. If things go the way they did in Newburyport, Everett won't be allowed to enforce the preliminary injunction requirements even if those requirements are good. That's up the the DEP and Everett won't have jurisdiction. Of course, arguing about that could be another law suit funded by the taxpayers of Everett.
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just wondering
Senior Member



387 Posts

Posted - 07/11/2008 :  11:00:33 PM  Show Profile Send just wondering a Private Message  Reply with Quote
if newburyport lets him cap his landfill......Everett's problem with giant piles of C&D debris goes away.....so while Newburyport delays the inevitable Everett pays
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n/a
deleted



5 Posts

Posted - 07/11/2008 :  11:03:36 PM  Show Profile Send n/a a Private Message  Reply with Quote
Upon viewing these issues I looked online and the document here shows violation charges and the environmental wrong doings for quite some time. I am not a resident of your city but care about the environment and am interested in cities and towns with landfills and waste stations. I have been following this particular issue and while some landfill’s are not all terribly bad, ignorance for money should be stopped. I would also suggest media attention on these matters. Statistics show only 1% of a city or town read blogs so if Everett homes 30,000.00 people only 300.00 are seeing this if that. You must be logged in to see this link.
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Tails
Administrator



2682 Posts

Posted - 07/15/2008 :  09:38:24 AM  Show Profile Send Tails a Private Message  Reply with Quote
What does this mean for Wood Waste?


Tuesday, July 15, 2008
Landfill decision postponed to January
Just a quick note because I have to run off to a meeting ...

I did not go to the hearing, and I totally forgot to watch the City Council meeting on cable last night, but Ron Klodenski sent this update around via email this morning:

According to the Newburyport city attorney at last night's city council meeting, the landfill owner's lawsuit contending that his agreement with the city should be declared invalid won't be decided until January, 2009. According to the attorney, the landfill owner asked the Suffolk Superior Court judge yesterday to have the case decided by September, but the judge agreed that the city needs more time to assemble its side of the argument.

That's all we know right now, apparently, unless someone out there knows more!

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massdee
Moderator



5299 Posts

Posted - 07/15/2008 :  09:52:38 AM  Show Profile Send massdee a Private Message  Reply with Quote
If we take Attorney Rossi at his word, then Wood Waste should be trucking their waste to Ohio.

In my opinion, the City of Everett should not allow anymore waste brought into Wood Waste until Wood Waste begins trucking their waste out. That is if they haven't already begun to do so. I personally haven't been down in that area for a while.
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Tails
Administrator



2682 Posts

Posted - 07/15/2008 :  10:03:15 AM  Show Profile Send Tails a Private Message  Reply with Quote
The piles are so high that I can’t tell. If they are, they’re not taking a lot of waste. That doesn’t make sense to haul out of state and not take a lot.

Stench has not changed and I don’t think ever will. I really don’t. Here we are mid-July and from just standing across the street I do not see anything that is alleviating that neighborhood and the surrounding businesses suffering.

Attorney Rossi can say what he wants…..that they are putting things down for the stench…it’s not working. Not sure if the tarping has helped but it’s hotter than heck today. I would not want to be in that area.
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massdee
Moderator



5299 Posts

Posted - 07/15/2008 :  3:17:38 PM  Show Profile Send massdee a Private Message  Reply with Quote
I have been trying to find out most of today what happened at the hearing yesterday on the impending preliminary injunction against Wood Waste.. I am having no luck. Does anyone have any information?
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massdee
Moderator



5299 Posts

Posted - 07/15/2008 :  9:04:50 PM  Show Profile Send massdee a Private Message  Reply with Quote
I even posted on the Newburyport blog to see if anyone there had any info. No luck there either.

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outoftowner
Member



24 Posts

Posted - 07/16/2008 :  08:52:29 AM  Show Profile Send outoftowner a Private Message  Reply with Quote
I think ordinary residents of Everett will hear nothing about the pending preliminary injunction until it's a done deal. DEP and the attorney general like it that way. If we saw the PI now, their phones would be ringing off the hook with irate calls. After the PI has been signed, sealed and delivered, they can say, "There's nothing we can do. We know you are unhappy with it, but it had to be a compromise and it is the best we can do. Everything will be fine."

I hear that the Everett PI will not be finalized and released to the public until those stubborn Newburyport officials agree to let Wood Waste trucks run amok in that city.

Maybe Rep. Smith and Sen. Galluccio can get some information about the pending PI for Everett from DEP or attorney general. But don't get your hopes up.
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