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Tails
Administrator
2682 Posts |
 Posted - 08/30/2008 : 11:34:56 AM
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Here we go again with New Ventures being non-compliant. Then the Mayor goes and holds a town meeting to talk about Thibeault’s “new plan”
How about holding him to his word, I mean, who’s in charge here????? Is it DeMaria or Thibeault. GIVE ME A BREAK!
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Friday, August 29, 2008
The saga continues: more violations at landfill
The DEP has slapped New Ventures with a noncompliance notice relating to the preliminary injunction entered into in October 2006.
DEP cites 13 violations of the preliminary injunction in an Aug. 26 letter to Richard "Chip" Nylen. This is the full text of the letter:
Personnel of the Massachusetts Department of Environmental Protection, Bureau of Waste Prevention, Solid Waste Section (the “MassDEP”) conducted seven (7) inspections of the Crow Lane Landfill (the “Landfill”) in Newburyport, Massachusetts between June 3, 2008 and August 18, 2008. In addition, MassDEP has reviewed the Daily Collection System Monitoring Forms submitted from July 8, 2008 to August 22, 2008 by your client, New Ventures Associates, LLC (“New Ventures”) and seven (7) reports of odor complaints submitted to New Ventures between July 14, 2008 and August 13, 2008 by residents in the vicinity of the Landfill.
As a result, MassDEP has determined New Ventures is in noncompliance with the preliminary injunction entered on October 20, 2006 in Suffolk Superior Court, Civil Action No. 06-0790 C, as amended and/or supplemented by orders of the Court on November 1, 2006, February 22, 2007 and September 20, 2007 (the “Order”) as follows. New Ventures has previously been advised by the Attorney General’s Office and the City of Newburyport of some or all of these violations.
1. The maximum concentration of hydrogen sulfide (H2S) gas into the enclosed landfill gas flare exceeded the performance standard of 1.01 lbs/hr (ponds per hour) twice during a twenty-four (24) hour period on at least fifteen (15) days between July 8, 2008 and July 28, 2008. In addition on these dates New Ventures failed to resume the collection of landfill gas samples at a rate of six times per days for five days.
2. Since July 28, 2008, New Ventures has failed to provide MassDEP with the daily landfill gas sampling data for the concentration of H2S gas into the inlets of the pre-treatment system (H2S removal system) and the enclosed landfill gas flare in the Daily Collection System Monitoring Forms.
3. The H2S pretreatment system (H2S removal system) was not operating within the 95% H2S removal efficiency and the concentration of H2S gas into the enclosed flare exceeded the maximum allowed concentration of H2S of 1.01 lbs/hr twice during a twenty-four (24) hour period, as measured by MassDEP personnel on August 17 and 18, 2008 and summarized in the following table.
[There's a table here that did not copy over well.]
4. New Ventures failed to maintain the leachate levels in the leachate collection tanks at less than 75% of the tanks capacities and/or to remove leachate from abutting wetlands, as observed by MassDEP personnel on July 17 and 29, 2008 and August 18, 2008.
5. New Ventures failed to place and maintain tarps over the south slope of the Phase I Area adjacent to the Landfill haul road and to place a minimum of 1 foot of clay and tarps over the Phase IA Areas, as observed by MassDEP personnel on June 3, 4, and 26, 2008; July 17, and 29, 2008; and August 17, and 18, 2008.
6. New Ventures failed to repair erosion of the western side of the perimeter berm including the northern down chute, as observed by MassDEP personnel on June 3, and 26, 2008; July 17, and 29, 2008; and August 18, 2008.
7. New Ventures failed to respond to and to report to the MassDEP odor complaints received by New Ventures from residents in the vicinity of the Landfill on July 14, and 17, 2008; and August 7, 8, 11, and 13, 2008.
8. New Ventures has failed to repair and maintain the enclosed flare including the repair of the digital flow meter since the power outage of June 27, 2008 which resulted in the digital meter no longer displaying the landfill gas flow rate into the flare.
9. New Ventures failed to staff the landfill twenty-four (24) hours per day seven (7) days per week, as observed by MassDEP personnel on June 4, 2008 and August 17 and 18, 2008.
10. New Ventures failed to maintain three (3) pre-treatment vessels at the Landfill, as observed by MassDEP personnel on June 3, 4, and 26, 2008; July 17, and 29, 2008; and August 17, and 18, 2008.
11. New Ventures failed to operate the enclosed flare twenty-four (24) hours per day seven (7) days per week, as observed by MassDEP personnel on June 4, 2008 and July 17 and 29, 2008.
12. The Engineer of Record has failed to submit the weekly inspection reports for the landfill since on or about March 3, 2008.
13. New Ventures has failed to continuously collect wind speed and direction, barometric pressure and temperature from the meteorological station at the Landfill since June 27, 2008.
New Ventures shall take such actions as are necessary to return to compliance with the Order. |
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Tails
Administrator
2682 Posts |
Posted - 08/30/2008 : 11:40:26 AM
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Allowing him to re-locate to lower Broadway is only moving a problem from one side of the city to the other. There is an ordinance in place preventing him from moving to lower Broadway so let’s follow that ordinance and stop looking for loopholes to get him moved there. Make him enclose Boston Street like he was supposed to years ago or get him out of town. He’s riff raff that has violations all over and it will all come out.
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just wondering
Senior Member
387 Posts |
Posted - 09/01/2008 : 1:30:35 PM
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| moving him to lower broadway gives him access to a railroad spur which allows him to ship the piles quickly to landfills in MI and OH. How is that a bad thing for the city? |
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Tails
Administrator
2682 Posts |
Posted - 09/01/2008 : 8:49:52 PM
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Perhaps you didn't read the 13 noncompliance issues from Newburyport in the prior post, ALL from August 29, 2008. If he is allowed to move those piles BEFORE the enclosure is built, that enclosure will NEVER be built. He never did it on Boston Street and he certainly wont do it all tucked away behind Costco.
What happened to the promise from the lawyer that would not wait until July to have those piles moved? Does not show what a "good friend" Rossi is, making Carlo hold the bag for that. In the meantime residents had to endure more stench, filth ALL summer. So lets move him to lower Broadway because now it's those residents turn. The people that live in those Charleston Chew Condos paid a lot of money for those condos and they are CLOSER than a lot of those people complaining about Wood Waste right now. The residents of lower Broadway WILL suffer from him.
This playing nice with Thibeault has nothing to do with the best interest of the city it's about favors. That's all. People are not stupid and that is public information. Just look at the invitation during the campaign for the Wharf Restaurant....run by Thibeault asked for a $250.00 donation. |
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just wondering
Senior Member
387 Posts |
Posted - 09/02/2008 : 3:31:47 PM
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| sounds like Newburyport is having a tough time with him.....and I feel sorry for them....but as I have said before, there is a huge difference between a landfill and a transfeer facility. As far as I know, the only reuqirement currently set forth by the state is that he enclose his facility within a certain time period. If carting his piles across to lower Broadway gets those pile out of our city quicker then I am all for it. I am sure the mayor wont let them just move the piles and leave them on lower broadway. If they go to lower broadway it only to load them onto a train. I say clear tracks and let Casey Jones take that crap to Michigan |
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Tails
Administrator
2682 Posts |
Posted - 09/02/2008 : 3:57:11 PM
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If they allow him to take his waste piles to lower Broadway before the enclosure, the enclosure will never get built. The Mayor keeps saying he's mandated by the DEP. He's been mandated by the DEP for thirteen years and hasn't done what he's supposed to on Boston Street so being mandated by the DEP is a bunch of crock.
Yes, there should be a huge difference between a landfill and a transfer station but we have had a landfill all these years. A transfer station is an indoor facility which he never complied with. The residents on lower Broadway suffer enough. Those piles should have gone to Ohio and Michigan back in June and they did not. I have researched Wood Waste/New Ventures/William Thibeault. There's a lot out of info out there and these types on noncompliance issues....The waste leaking into the wetlands, now it appears he has brothers that do the same. What's going to be next, put the waste on the train and dump half into the mystic river??? That's how these people operate. |
Edited by - Tails on 09/02/2008 3:59:19 PM |
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massdee
Moderator
5299 Posts |
Posted - 09/03/2008 : 09:58:08 AM
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The Mayor said last night that Mr Thibeault has cleaned up Snake Hill and will be cleaning the rotary's on the Parkway. Why all of a sudden is Mr Thibeault doing this? Does anyone believe it is out of the goodness of his heart? That is just not his style. He does nothing for nothing! He wants to move his piles of crap to lower Broadway. The Everett residents are not that stupid. I hope our elected officials aren't either.
When and if the public meeting on Wood Waste happens, I hope the residents of Everett will be there and voice their concerns. I know I will do my best to attend. I was present at the Planning Board hearing for 4th Street and will try to be present for the Joint Convention. Our elected officials need to know we are interested in our city.
Why is Mayor DeMaria going after Newburyport? Whose idea was it to even consider suing Newburyport? If this goes forward, are we, the taxpayers, going to have to pay for this? This is ridiculous. Newburyport is trying to protect their residents from Mr Thibeault and his in violation landfill. I truly wish Mayor DeMaria and our elected officials would do as much for Everett.
As I have stated many times before, this city needs to stop rewarding Mr Thibeault for his poor business ethics and force him into compliance. His money should not be buying what he wants in our city. When will enough be enough from Mr Thibeault? I am sick of him thumbing his nose at the city and the state.
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Edited by - massdee on 09/03/2008 10:26:56 AM |
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Tails
Administrator
2682 Posts |
Posted - 09/03/2008 : 10:44:36 AM
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| Mr. Thibeault knows these hearings are coming up, and he wants lower Broadway. That’s the only reason why he went and cleaned up a little brush off of snake hill and the Mayor acts like we should praise him over it. It’s the Mayor that needs to praise him for his campaign contributions……not the residents that have been suffering for years.......that the Mayor wont fight for.....but he fights for Thibeault and tries all he can to make him look good. It wont be the Mayor that smells that stench from his Taj Mahal. Going after Newburyport only proves how clueless he really is and if his "legal team" advised him to do this, they are just as clueless and they will all be....1 and done! |
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massdee
Moderator
5299 Posts |
Posted - 09/03/2008 : 12:55:48 PM
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This is from Newburyport blogger Ari Herzog. Scroll down to the second article titled, "Wiliam Thibeault is a Shrewd Businessman."
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n/a
deleted
136 Posts |
Posted - 09/03/2008 : 1:13:46 PM
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| If you think the threat of suing Newburyport came from DeMaria you are mistaken. Those tactics come from Theabault. I thought Everett did not have the money to force Theabault into compliance but we are ready to sue Newburyport? Who would benefit from Everett suing Newburyport? Not Everett and not Newburyport. Think about it I wonder who truly is running the show. Is it DeMaria or Theabault? |
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tetris
Moderator
2040 Posts |
Posted - 09/03/2008 : 1:49:12 PM
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| If Newburyport were the only option for getting rid of the stuff, then maybe the idea of a class action suit might make some sense. But it's not the only option, just the cheapest one. Hadn't consider the cost of a law suit issue aspect of the idea, Dreams; it's a great point. You're exactly right, who would benefit the most from it. Yeah, we'd get rid of the piles, at the cost of someone else's possible detriment but Thibeault would save a ton of dough. If this was Carlo's idea, it's not a very well thought out one. |
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massdee
Moderator
5299 Posts |
Posted - 09/03/2008 : 2:10:53 PM
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| Dreams, I agree with you. I also think it is coming from the Thibeault camp. Thibeault never hesitates to use our court system. It appears Mayor DeMaria is willing to do the dirty work for Thibeault. Payback's a bi*ch. |
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Tails
Administrator
2682 Posts |
Posted - 09/03/2008 : 3:06:49 PM
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Lets also not forget we were PROMISED those piles would be trucked out in June. NO ONE questioned him on THAT. Thibeault and his lawyer Rossi went back on their word...Surprise...Surprise.
Yes, it may be the cheapest option but don't come the council in June and make all kinds of promises to the people ON TV then not follow through. Then Thibeault goes and cleans some brush out of snake hill and were supposed to think he's "so great"
Instead of going after Newburyport (who is safe legally) since they were in court in July.... and the court already knows the landfill is closed.... to at least January.......he should be going after Thibeault and telling people is plan to get him in compliance or get him out. Why is the solicitor even wasting time trying to sue Newburyport??
The Mayor already said he is coming to the council to allow Thibeault to move those piles BEFORE the enclosure. That's being NON-COMPLIANT to the terms of the DEP and AG. More letters need to be written to both the AG and DEP that we are not going to stand for it anymore.
INSTEAD lets go sue Newburyport because their government did something to put an end to the suffering residents.
That was the dumbest statement I ever heard. He said he talked to the city solicitor about it and they are ready???? If that's the case, she's not as smart as they made her out to be. |
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Tails
Administrator
2682 Posts |
Posted - 09/04/2008 : 10:00:51 AM
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September 04, 2008 03:58 am
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NEWBURYPORT — The state's Department of Environmental Protection has once again notified the owner of the stench-plagued Crow Lane landfill that it has violated the preliminary injunction issued in 2006.
The state sent notice to attorney Richard Nylen, the attorney for Everett-based New Ventures LLC, the owner of the landfill. The Aug. 26 letter highlights 13 violations of the injunction and orders the company to comply.
New Ventures agreed to the preliminary injunction two years ago that set strict guidelines for the closure of the landfill and for measures to control the foul odors that have troubled the landfill's neighbors for more than four years. The terms were negotiated with the state's attorney general's office and the DEP.
A separate preliminary injunction was also filed against New Ventures by the city.
Of the 13 violations cited by DEP, Mayor John Moak said yesterday only two had never been brought up by the city.
"We had talked to DEP and given them information about a majority of these violations," Moak said.
The violations were noted after DEP conducted seven inspections of the landfill between June 3 and Aug. 18 and examined the daily system monitoring forms from the landfill.
Violations related to a variety of issues, such as failing to operate the stench-mitigating flare at the site that must operate at all times, the response to complaints filed by residents, and areas like testing samples, maintaining tarps, and keeping the leachate collection tanks at the proper level.
The city sent its own letter to New Ventures last month, asking the company to address four specific issues, the mayor said. Moak said the city could fine New Ventures for violating its preliminary injunction or pursue legal action.
"There's a possibility of that," he said. The landfill and the city's preliminary injunction falls under the oversight of the Board of Health.
Jack Morris, the city's health agent, did not return a phone message yesterday.
If the landfill were operating right now —which it is not — the city could enforce cease and desist orders, Moak added.
The city has faced issues from the Crow Lane landfill for several years. Neighbors to the landfill have long complained of the noxious smells of rotten egg and burnt matches that often disrupt dinners, holidays and sleep. Residents have complained of headaches, bloody noses, nausea and sore throats. The smell mostly affects neighborhoods in the Low Street area.
Just yesterday, in an e-mail sent to city leaders, the state, neighbors and other interested parties, an abutter said he was once again awoken early by the odors from the landfill coming in through his skylights and windows.
New Ventures has broken the requirements of the preliminary injunction before and has missed some deadlines, leading the attorney general's office to warn the company.
Joe Ferson, a spokesman for DEP, said the state agency has not yet received a reply to the letter from New Ventures. "We're requesting them to comply to the notice of non-compliance," he said.
Ferson noted that the landfill case has been sent to court and does include DEP. He declined to address the next steps the state can take if the landfill owner does not reply to the state's Aug. 26 notice.
Ya okay....lets let him move those piles to lower Broadway before the enclosure and he'll do the right thing. Believe that, and I have a slow boat to China to sell ya.
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Edited by - Tails on 09/04/2008 10:02:31 AM |
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Paul
Senior Member
158 Posts |
Posted - 09/04/2008 : 11:57:57 AM
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Everyone says he in violation of an legal order up in Newburyport but time keeps marching on and nothing is done to this guy.
Kind of scary ! |
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Wood Waste
