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IntuitiveExpressions
Member



5 Posts

Posted - 11/27/2008 :  01:45:48 AM  Show Profile  Visit IntuitiveExpressions's Homepage  Send IntuitiveExpressions an AOL message Send IntuitiveExpressions a Private Message  Reply with Quote


It is time to put an end to Wood Waste. I am personally tired of smelling rotten eggs when I go grocery shopping. I am tired of smelling it on the other side of the city just because of the direction the wind is blowing in. I am Extremely tired of inhaling highly toxic chemicals that can make our whole community sick... I am tired of it all. In the past couple of months we have seen our mayor do nothing about this issue...so its time to take it into our own hands. I am starting up an activist group so together we can put an end to this. I do not want this issue to get out of hand to the point where no one does anything and people end up dying. We NEED to do something NOW. I believe if we ban together anything is possible. I have created a small forum community dedicated to just this 1 issue. I hope everyone will join in. The more people we have, the stronger we will be. and the more people who join sooner, the faster we can start putting an end to this. Here is the URL: You must be logged in to see this link.
if you want to directly sign up for the cause please go here: You must be logged in to see this link.

Lotsa love, serenity, vitality and light
Jess





Jessica Caracciolo
Intuitive Expressions
"Be the change you wish to see in the world" - Gandhi
Email: Caracciolojessica@yahoo.com
AIM: PsyIntuitive
Phone: 617-913-3395
Project People Forum: You must be logged in to see this link.
Intuitive Expressions Project People Sign Up: You must be logged in to see this link.
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n/a
deleted



136 Posts

Posted - 11/27/2008 :  10:23:52 AM  Show Profile Send n/a a Private Message  Reply with Quote
Thats really great and looks like you put much effort into it. Any advice for Coucillor Simonelli who his fellow common council members who are harassing him especially on the floor? I also heard of geting back at people about Woodwaste.
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Tails
Administrator



2682 Posts

Posted - 11/28/2008 :  4:22:27 PM  Show Profile Send Tails a Private Message  Reply with Quote
Steve Simonelli was trying to set up an Ad Hoc Committee. Have you been in touch with him?
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Tails
Administrator



2682 Posts

Posted - 12/01/2008 :  09:11:16 AM  Show Profile Send Tails a Private Message  Reply with Quote
Published: December 01, 2008 03:52 am

New Ventures trial set for April

Newburyport City Notebook
Katie Farrell


The state filed a motion Wednesday asking Superior Court to expedite the contempt trial against New Ventures, the owner and operator of the Crow Lane landfill. A trial date has been set for April.

In his filing, Assistant Attorney General Matthew Ireland called an expedited trial "necessary and appropriate to prevent ongoing harm to public health and the environment."

Earlier this month, Attorney General Martha Coakley's office filed a request for a contempt order against New Ventures, saying owner William Thibeault has not met the terms of a preliminary injunction set up in 2006. The state asked the court to direct New Ventures to control leachate, respond to odor complaints and to operate the landfill gas control system that works to prevent the odors that have plagued the neighborhood for years.

Mayor John Moak said the city is glad the state is taking action.

"This gives us a little more of a better feeling that they're being aggressive about helping us," Moak said Friday.



Looks as if the trial might be before April for New Ventures. I would hope the trial on Wood Waste would be expedited also.




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massdee
Moderator



5299 Posts

Posted - 12/01/2008 :  2:10:52 PM  Show Profile Send massdee a Private Message  Reply with Quote
Anyone know when the vote will take place in Newburyport?
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Tails
Administrator



2682 Posts

Posted - 12/01/2008 :  2:20:55 PM  Show Profile Send Tails a Private Message  Reply with Quote
The Newburyport City Council will vote at their December 8th meeting. I also hear that anything that was worthwhile, or had any teeth to it, in the best interest of Newburyport was scratched out by New Ventures and their attorney's. I think it's looking like a trial.

Although, it's not financially feasible for Newburyport, are they just supposed to lie down and take all this suffering and give in? I'm sure they know what they are doing, unfortunately, they have been dealing with this for far too long, and I think Everett is going to be in for some very bumpy roads ahead with this man. One thing I do know, we are going to be sorry that he owns so much land in Everett.
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IntuitiveExpressions
Member



5 Posts

Posted - 12/02/2008 :  6:25:53 PM  Show Profile  Visit IntuitiveExpressions's Homepage  Send IntuitiveExpressions an AOL message Send IntuitiveExpressions a Private Message  Reply with Quote
Does anyone know the best way to get in touch with counselor Simonelli?

Also, I think we may need to get some medical masks for the people volunteering their time outside of stop and shop. (Like the Salvation Army) They are very nice people who are volunteering their time to help others, but they have to stand outside and smell/taste the toxicins of wood waste. We should do something for them too. I am not sure what we should do exactly but I am sure we can come up with something.

Jessica Caracciolo
Intuitive Expressions
"Be the change you wish to see in the world" - Gandhi
Email: Caracciolojessica@yahoo.com
AIM: PsyIntuitive
Phone: 617-913-3395
Project People Forum: You must be logged in to see this link.
Intuitive Expressions Project People Sign Up: You must be logged in to see this link.
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massdee
Moderator



5299 Posts

Posted - 12/02/2008 :  6:39:06 PM  Show Profile Send massdee a Private Message  Reply with Quote
Here is Councilor Simonelli's home address and phone number.

Stephen
Simonelli
32 Fremont Avenue
617-387-2068

I would also suggest Aldermen

WARD THREE
Michael K. Marchese
91 Elsie Street
617-387-8900
617-645-2435 cell

WARD FOUR
L. Charles DiPerri
14 Moody Avenue
617-387-8497
diperri@aol.com

WARD FIVE
Robert Van Campen
President
14 Harley Avenue
617-387-8468
rjvward5@msn.com
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Tails
Administrator



2682 Posts

Posted - 12/03/2008 :  3:40:27 PM  Show Profile Send Tails a Private Message  Reply with Quote
State again cites New Ventures for landfill violations

By Katie Farrell
Staff writer

December 03, 2008 03:51 am



NEWBURYPORT — The state Department of Environmental Protection has notified the owner of the embattled Crow Lane landfill that it is once again in violation of a court-issued preliminary injunction.

The notice lists 12 separate violations. It comes on the heels of an August letter sent by the state agency that listed 13 violations. All of the violations listed last week were included in the August letter.

The state sent notice to attorney Richard Nylen, the attorney for Everett-based New Ventures LLC, the owner of the landfill, and orders the company to comply with the injunction signed back in 2006.

The letter was sent after the state conducted inspections of the landfill over the course of three days in late November, inspected the odor complaints submitted to New Ventures by neighbors of the landfill and held discussions with city officials.

The violations include: failing to operate the stench-mitigating flare, which must stay on 24 hours a day, seven days a week; failing to operate the LFG (landfill gas recovery) system; not responding to, or reporting, complaints filed by residents; as well as failures in areas such as testing samples, maintaining tarps and keeping the leachate collection tanks at the proper level.

Joe Ferson, a spokesman for the DEP, said the agency will continue to monitor the Crow Lane site, adding that New Ventures has taken some steps to come into compliance since the letter was issued. Ferson declined to state specifically what has been addressed, citing an ongoing court case between DEP and New Ventures.

"It requires them to fix the landfill gas system, and we'll continue to monitor it to make sure they operate that correctly," Ferson said.

Two years ago, New Ventures agreed to the preliminary injunction 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 years. The terms were negotiated with the state's attorney general's office and the DEP.

Ron Klodenski, a neighbor to the landfill, said yesterday he was pleased to see the newest notice sent by the DEP.

"It seems like the DEP has suddenly come to life," Klodenski said. "I'm happy to see it, no doubt."

Noting that New Ventures has been out of compliance with the injunction for some time, Klodenski added, "I don't know why it's taken so long; nonetheless, I'm happy to see things happening."

Mayor John Moak did not return a phone call yesterday, before deadline, seeking comment for this article.

So, from August, he has not done anything to correct the violations?? It goes on and on and on. Unbelievable. This is only the beginning for Everett. This is exactly what Everett is going to go through....actually we are right now but, letting him move to another site will cause damage on both sites. Truly, a scary thought.

Edited by - Tails on 12/03/2008 3:43:45 PM
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Tails
Administrator



2682 Posts

Posted - 12/05/2008 :  10:53:22 AM  Show Profile Send Tails a Private Message  Reply with Quote
I wrote to the DEP regarding the BOH health issues and my discontent of the April court date and here is their response. I just replaced the names of other people that he replied to, for privacy reasons with XXXX.

I felt it needed to be posted for the fact that the City Solicitor, Colleen Mejia, appears to be dodging the MassDEP to resolve this issue. That is not working for the residents of Everett and also, I know two people that owe Steve Simonelli a public apology.



Here is the e-mail:

I am writing in response to your email to Mark Fairbrother of my staff regarding Wood Waste of Boston (“Wood Waste”) in Everett, Massachusetts. MassDEP has received a number of enquiries regarding the activities of Wood Waste from residents of Everett and representatives of the City of Everett including the Department of Health, the City Council and Aldermen, and the Office of the Mayor.

These have included questions regarding Wood Waste’s activities at the current location; the relocation of the facility to a site on Route 99 in Everett; and the authority of the City of Everett Board of Health to take actions at Wood Waste. Attached is an electronic copy of a December 1, 2008 email that I sent to City Councilors XXXX and XXXX and Mr. XXXX in response to their enquiries.

With regards to the authorities of the City of Everett Board of Health, as I state in my December 1st email, Attorney Michael Dingle of MassDEP’s Office of General Counsel has attempted several times to contact the City of Everett’s City Solicitor, Colleen Mejia regarding questions from the City of Everett about the Board of Health’s authorities to address issues at Wood Waste.

Based on a recent conversation with Mr. John Morris, Director of the City of Newburyport Department of Public Health, he recently met with councilors of the City of Everett, at their request, to answer their questions on actions, including cease and desist orders, the City of Newburyport Board of Health has taken against New Ventures Associates, LLC with regards to the Crow Lane Landfill located in Newburyport, Massachusetts.

Based on my experience, Boards of Health have broad authorities including, without limitation those under the site assignment regulations at 310 CMR 16.00, and the Noisome Trade statute, G.L. c. 111, § 143, to address public health issues including nuisance conditions within their communities. These authorities are in many cases broader than those available to MassDEP. In addition, these authorities are independent of actions taken by the MassDEP.

The actions of the City of Newburyport Board of Health at the Crow Lane Landfill are an example of a BOH implementing its independent authority. Based on my experience at the Crow Lane Landfill, it is my understanding that generally the process involves the issuance of an Order by the Board of Health, followed by a hearing before the Board of Health and that the Order takes effect upon the date of service pending the hearing by the Board of Health. The Order and final decision of the BOH are of course subject to any appeal rights the operator may have to the Courts.

Sincerely,

John

John A Carrigan
Massachusetts Department of Environmental Protection
Northeast Regional Office
Wilmington, MA
Phone: 978-694-3299
Fax: 978-694-3499
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Tails
Administrator



2682 Posts

Posted - 12/05/2008 :  11:31:30 AM  Show Profile Send Tails a Private Message  Reply with Quote
I asked questions about Wood Waste’s activities, the relocation to lower Broadway and about Everett’s Board of Health, and this e-mail was in the attachment, along with some interesting PDF files.

I think it’s important to be made known, since we are only being told only what they want us to hear and in BOTH e-mail’s it is mentioned that the attorney for MassDEP has tried to contact the solicitor numerous times. I thought we had a full staff of lawyers that deserve a raise????




I am writing in response to your request that we provide information regarding the Wood Waste of Boston, Inc. (“Wood Waste”) facility located on Boston Street in Everett . You posed a number of questions about the operations at the facility, and about the pending lawsuit that the Commonwealth (represented by the Attorney General’s office and MassDEP) brought against Wood Waste for violating the state’s solid waste management and air pollution control laws and regulations there.

I cannot comment directly on matters related to the litigation. However, I can provide you with the following background and information regarding Wood Waste.

Wood Waste is operating a Construction and Demolition Debris (“C&D”) Processing facility on Boston Street in Everett . C&D Processing facilities accept C&D waste that consists of waste building materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads or other structures. C&D waste includes but is not limited to coated and uncoated wood, metal, paving materials, rebar, plaster, wall board, asphalt, brick, and concrete (asphalt, brick, and concrete are commonly referred to as “ABC” material). Wood Waste is not permitted to accept hazardous waste, special waste such as asbestos, or municipal solid waste there. In addition Wood Waste was supposed to enclose its operations in order to be able to continue operating on Boston Street .

On, July 10, 2000, the City of Everett Board of Health issued a site assignment pursuant to 310 CMR 16.00 the Site Assignment Regulations for Solid Waste Facilities for the Wood Waste facility. A copy of the site assignment is included as an attachment to this email. The site assignment specifies that:

“The Board’s assignment of the site is only for the processing, handling, storage, and recycling of construction and demolition debris.”

Wood Waste processes the C&D waste to recover recyclable material such as ABC, metals, and wood. Once the reusable material is recovered, the by-products from the processing of the C&D waste consist of the initial screened material, known as “C&D Fines,” and residual solid waste. The processing of C&D waste includes the initial receipt, “tipping,” inspection and “kick” sorting of the C&D waste; initial screening of the C&D waste to remove the fine fraction prior to further hand sorting of the coarser fraction; hand sorting of recyclables from the remaining coarse fraction; and the grinding of the remaining solid waste residuals. The material in the large stockpiles at the facility consists of C&D Fines (the fine fraction produced by the initial screening) and ground C&D residuals.

On May 14, 2008, the Attorney General’s office sued Wood Waste in Suffolk Superior Court for its ongoing violations of the Commonwealth’s solid waste management and air pollution control laws and regulations, and soon thereafter filed a motion for a preliminary injunction, asking the Court to compel Wood Waste to address the ongoing odor and dust problems at the site. Unfortunately, the Court (Gaziano, J.) denied our motion. Note that the scheduling order in the case provides that the “case shall be resolved and judgment shall issue by May 9, 2009,” although the Court has not yet set a trial date and may modify this schedule. Copies of the complaint, motion for a preliminary injunction, and the Court’s denial of the motion for a preliminary injunction are included as attachments with email.

In addition, on November 5, 2008, MassDEP issued a Notice of Noncompliance (the “NON”) to Wood Waste specifically to address the facility’s ongoing violations during three days in October, and without prejudice to our claims in the litigation. By letter to MassDEP dated November 19, 2008, sent in response to the NON, Wood Waste represented that it is neither grinding nor processing C&D debris on the site, and that it is maintaining tarps on the piles of C&D debris that are currently there. Copies of these documents are included in a separate email to you.

During the pendency of the litigation, MassDEP personnel continue to monitor the facility, and to respond to complaints of dust and odors from the facility’s operations. The Attorney General and MassDEP consult on a regular basis regarding the activities and conditions at Wood Waste.

MassDEP has received questions from the City of Everett and others regarding the authority of the City of Everett Board of Health to take actions to address the issues at Wood Waste. Attorney Michael Dingle of MassDEP’s Office of General Counsel has attempted several times to contact the City of Everett ’s City Solicitor, Colleen Mejia regarding these questions.

My experience has been that Boards of Health have broad authority including, without limitation those under the site assignment regulations at 310 CMR 16.00, and the Noisome Trade statute, G.L. c. 111, § 143, to address public health issues including nuisance conditions within their communities. This authority is in many cases broader than those available to MassDEP. The actions taken by the Newburyport Board of Health at the Crow Lane Landfill, including the issuance of cease and desist orders, are an example.

As regards the relocation of Wood Waste’s current operation to the site on Route 99 in Everett, it requires site assignment by the City of Everett Board of Health pursuant to 310 CMR 16.00 and issuance of Authorizations to Construct and Operate the facility by the MassDEP under 310 CMR 19.000, the Massachusetts Solid Waste Regulations. The rail transfer at the Route 99 site of the C&D Fines and Residuals currently stockpiled at the Wood Waste Facility is subject to the requirements of 310 CMR 16.00 and 310 CMR 19.000; unless the material is shipped in totally enclosed and sealed containers from the current Wood Waste facility to the Route 99 site and there the sealed containers are then placed directly on rail cars and shipped to the out-of-state receiving location.

Complaints and questions regarding activities at Wood Waste can be directed to Mark Fairbrother of my staff by email at Mark.Fairbrother@state.ma.us or by telephone at (978) 694-3298. I may also be contacted by email at John.Carrigan@state.ma.us or by telephone at (978) 694-3299.

Sincerely,

John A. Carrigan


John A Carrigan
Massachusetts Department of Environmental Protection
Northeast Regional Office
Wilmington, MA
Phone: 978-694-3299
Fax: 978-694-3499
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massdee
Moderator



5299 Posts

Posted - 12/06/2008 :  10:07:10 AM  Show Profile Send massdee a Private Message  Reply with Quote
Is there any way to post those PDF files? I would like to read them.
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Cam
Member



82 Posts

Posted - 12/06/2008 :  10:25:23 AM  Show Profile Send Cam a Private Message  Reply with Quote
If tails can get this information by sending a simple email why aren't the BoA and CC doing their homework?
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Tails
Administrator



2682 Posts

Posted - 12/06/2008 :  4:37:13 PM  Show Profile Send Tails a Private Message  Reply with Quote
I'm not sure what's going on with the city council. It's true, I cant even imagine if this was the prior administration doing all this, what would be going on. I'm sick of it, as many others are. I'm ready to go to the newspapers and start demanding the city council start representing us, and not the Mayor. I cant say that for all, but a huge majority.

A couple of examples are, the Sweetster Circle rotary, what's going on at the rotary is illegal, and that's the bottom line AND we certainly should not be taking money from Bill Thibeault.

If the CC is not going to represent the people, instead of the Mayor, then it's time to change the charter in this city, they are not needed and a waste of money.

As for the PDF files, I'm not sure why I cant cut and paste them. I have other PDF documents that I could cut and paste, but these I cant. I have a document from the BOH from the year 2000 where Wood Waste proposed 500 tons per day Construction and Demolition Debris Solid Waste Transfer Station. Signed off by Muge Erkan, Gerry Fox and Lorrie Bruno.
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Paul
Senior Member



158 Posts

Posted - 12/07/2008 :  08:53:45 AM  Show Profile Send Paul a Private Message  Reply with Quote
Tails,that is some interesting stuff considering you only sent an e mail to get it.
Then Mr Carrigan makes himself and his staff member open for more questions.

Good job Tails,thanks for posting that.
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