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massdee
Moderator
5299 Posts |
Posted - 12/14/2008 : 7:55:29 PM
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| The difference between Everett and Newburyport is the two mayors. The BOA asked for a cease and desist order to be put in place. Now, at the meeting on the 22nd when the BOA would be informed of the progress of the cease and desist, the mayor will instead be presenting "his" Consent Order. As usual, he will give Thibeault what he wants. |
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Tails
Administrator
2682 Posts |
Posted - 12/15/2008 : 3:38:18 PM
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People really need to show up for the next BOA meeting, on December 22, 2008 and show your opposition to this farce of a consent order.
We have had enough of offensive odors, polluted runoff, and excessive truck traffic and multiple violations by Wood Waste.
Polluted leachate on the street by Stop & Shop and a rotten egg smell has been drifting through the homes of neighbors. Instead of trying to relieve some of the burden on abutters and residents, he goes and has his high priced lawyers delay after delay in court.
People in the area are forced to run the air conditioners nonstop because opening the windows was not an option.
They have had interrupted sleep and headaches and it’s all from the pollution coming from Wood Waste. This man has broken almost every agreement with the city.
All that outdoor grinding of waste with gypsum, and the DEP has found noxious-smelling hydrogen sulfide gas. He has NOT implemented one IODA to stop the odor problem.
The DEP has NOT done their job. I am in NO WAY making excuses for them, but they run the entire state of Massachusetts. It’s our BOH that needs to enforce the issue.
If a consent order is approved, then we loose all leverage we have with this company. The DEP has FINALLY woke up. Let’s not loose this advantage to another sham, and that sham is this consent order.
I personally hope he files for bankruptcy on Wood Waste after the cease and desist. Let the state come in and clean the mess that they caused…..then Thibeault can get the hell out of dodge for good!
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Tails
Administrator
2682 Posts |
Posted - 12/16/2008 : 4:16:35 PM
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This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
CERTIFIED MAIL
Richard A. Nylen, Esq. November 28, 2008
Lynch, DeSimone & Nylen, LLP
12 Post Office Square
Boston, Massachusetts 02109
Re: NEWBURYPORT - Solid Wastes/COR
Crow Lane Landfill
Superior Court Civil Action No. 06-0790 C
Preliminary Injunction
Paragraph 9 – Notice of Noncompliance
FMF No. 39545
Dear Attorney Nylen:
On November 26, 2008, I conducted an inspection of the Crow Lane Landfill (the “Landfill”) in Newburyport, Massachusetts. The Landfill is owned and operated by New Ventures Associates, LLC. (“New Ventures”) of Everett, Massachusetts.
During my inspection of November 26, 2008, I observed that the landfill gas collection and treatment system (“LFG System”) at the Landfill was not operational. Based on my review of the chart recorder at the enclosed flare, and discussions with Mr. Ethan Owens of New Ventures, and Mr. Jack Morris, Director of the City of Newburyport Health Department, I determined the enclosed flare had ceased operation on or about 7:30 AM on November 25, 2008.
At the time of my inspection, New Ventures’ personnel were removing loose insulation from the enclosed flare’s stack in an effort to repair the system. In addition, New Ventures’ personnel were wrapping the landfill gas header line and condensate collection tank on the enclosed flare with heat tape and insulation. This included the covering of the landfill gas sampling ports on the pretreatment system and enclosed flare header with the insulation, preventing access to the sampling ports. The LFG System was still not operational when I departed the Landfill at approximately 3 PM.
As you know, the sampling ports are used to collect landfill gas samples to monitor the operation of the landfill gas control system including whether the pretreatment system meets the performance standards for the removal of hydrogen sulfide (“H2S”) prior to combustion of the landfill gas by the enclosed flare, as required by the preliminary injunction entered on October 20, 2006 in Suffolk Superior Court, Civil Action No. 06-0790 C, as amended by orders of the Court on November 1, 2006 and February 22, 2007 (the “Preliminary Injunction”). This sampling is crucial to assuring the LFG System is operating effectively and minimizing the potential for the occurrence of off-site impacts from emissions of H2S and sulfur dioxide from the enclosed flare.
At approximately 5:00 PM, Mr. Morris informed me during a telephone conversation that Mayor John Moak had reported the occurrence of strong H2S odors in the area of North Atkinson Street. Mr. Morris further indicated that New Ventures was still experiencing problems with the enclosed flare and was unable to attain an operating temperature in excess of 600° F. As a result, the LFG System, including the enclosed flare, was shutdown by New Ventures.
On November 27, 2008, at approximately 4:00 PM I conducted another inspection of the Landfill. I observed that the LFG System and enclosed flare were not operational and that New Ventures personnel were not present at the Landfill. Today at 12:15 PM, Dave Madden of the City of Newburyport Health Department informed me from the Landfill that the LFG System and enclosed flare were still not operational and New Ventures personnel were not at the Landfill. The continued uncontrolled release of landfill gas from the Landfill increases the potential for the recurrence of off-site odors with resultant nuisance conditions and public health impacts; such as those that have previously occurred in the residential neighborhoods in the area of the Landfill and at Anna Jacques Hospital.
New Ventures must immediately perform all measures necessary to repair and activate the LFG System, including, without limitation, the enclosed flare, and to operate the LFG system in compliance with the requirements of the Preliminary Injunction. In addition, New Ventures must provide access to the sampling ports on the LFG System header at the pretreatment system and enclosed flare and monitor and optimize the operation of the LFG System including the pretreatment system and enclosed flare.
I have also reviewed the Massachusetts Department of Environmental Protection, Bureau of Waste Prevention, Solid Waste Section (the “MassDEP”) files relative to the Landfill, including, without limitation, the Daily Collection System Monitoring Forms submitted by your client, New Ventures Associates, LLC (“New Ventures”) and four (4) reports of odor complaints submitted to New Ventures between November 3, 2008 and the date of this notice by residents that live in the vicinity of the Landfill.
As a result, MassDEP has determined New Ventures is in noncompliance with the Preliminary Injunction as listed below. 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. New Ventures failed to operate the enclosed flare twenty-four (24) hours per day seven (7) days per week.
2. New Ventures has failed to repair and maintain the enclosed flare.
3. New Ventures has failed to consistently operate the pretreatment system to meet the performance standards required by the Preliminary Injunction.
4. 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.
5. 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.
6. 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.
7. New Ventures failed to repair erosion of the western side of the perimeter berm including the northern down chute.
8. 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 November 8, 13, 24, and 26, 2008.
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 the evenings of November 26 and 27, 2008, and by Mr. David Madden on June 28, 2008.
10. New Ventures failed to maintain three (3) pre-treatment vessels at the Landfill.
11. The Engineer of Record has failed to submit the weekly inspection reports for the landfill since on or about March 3, 2008.
12. 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 must immediately take such actions as are necessary to return to compliance with the Preliminary Injunction. This shall include, without limitation, taking all such measures as are necessary to operate the LFG System including, without limitation, the enclosed flare in full compliance with the Preliminary Injunction, 310 CMR 19.000, the Solid Waste Management Regulations, and 310 CMR 7.00, the Air Pollution Control Regulations.
If you have any questions please contact me at (978) 694-3299.
Sincerely,
This final document copy is being provided to you electronically by the
Massachusetts Department of Environmental Protection.
A signed copy of this document
is on file at the DEP office listed on the letterhead.
John A. Carrigan, Chief
Solid Waste Management Section
Certified Mail Number: 7008 0150 0002 0525 0007
JAC/jac
Cc: John Morris, Director
City of Newburyport
Health Department
City Hall
60 Pleasant Street
Newburyport, MA 01950
Email Address: JMorris@CityofNewburyport.com
Matthew Ireland
Office of the Attorney General
Boston, MA
Michael Dingle
MassDEP/OGC-Boston
Conservation Commission
City of Newburyport
60 Pleasant Street
Newburyport, MA 01950
Michael Quatromoni
SITEC Environmental, Inc.
769 Plain Street, Unit C
Marshfield, MA 02050
Mr. William Thibeault
New Ventures LLC
85-87 Boston Street
Everett, Massachusetts
Senator Steven A. Baddour
State House
Boston, Massachusetts
Email Address: SBaddour@senate.state.ma.us
Representative Michael A. Costello
State House
Boston, Massachusetts
Email Address: Rep.MichaelCostello@hou.state.ma.us
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massdee
Moderator
5299 Posts |
Posted - 12/16/2008 : 4:33:35 PM
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| Look at all those violations and that was only a couple of weeks ago. This is exactly what Everett is in for if the mayor goes forward with his Consent Order. The law means nothing to this man. He proves that over and over again. I cannot understand why the mayor is even willing to deal with this man. Thibeault will not obey any Consent Order and will do what he damn well pleases. |
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n/a
deleted
25 Posts |
 Posted - 12/22/2008 : 2:21:19 PM
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Good Luck Everett!
Newburyport - Landfill owner flagrantly ignores court
The state Department of Environmental Protection this week hit New Ventures, the owner of the Crow Lane Landfill, with another round of violations. The Attorney Generals office wants to meet New Ventures in court as soon as possible, and the City Council has been reviewing a possible settlement agreement that would allow the company to restart the work of capping the area.
After a lull of activity at Crow Lane - when the loudest talk about the landfill seemed to come from the residents who were once again swamped by the ugly stench that has dominated the area since New Ventures began capping the site - state and city officials seem poised to start fighting back again to protect the neighborhood.
For some, the most encouraging sign has been DEP’s sudden or renewed commitment to make New Venture follow the rules.
At this point, with all these things happening, I don’t know exactly what to think, says Ron Klodenski a Wildwood Drive resident who has been leading the neighborhood opposition to the landfill. I’m hoping that the DEP is starting to come to life, and that they’ll find a solution without causing us more pain and suffering.
The DEP’s latest move is a letter to New Ventures that cites a dozen violations of a 2006 court order that requires New Ventures to maintain equipment that would mitigate odors from the landfill. Most people in the neighborhood believe the recent rash of bad smells has been due to New Ventures failure to maintain the landfill gas recovery system and to empty leachate tanks.
DEP sent out a similar letter last August, which was, as has so often been the case, ignored by New Ventures. That led Attorney General Martha Coakley’s office to file a compliant against the company for its flagrant contempt of an order meant to protect public health and the environment.
But in what has become almost typical Crow Lane luck, the judge hearing the case had a scheduling conflict and penciled in the New Ventures trial for April 23. Coakley’s office responded with a motion asking the Superior Court to move up that trial date to January.
Council looks for solution
Meanwhile, on the local front, the City Council has been chewing over a new version of a settlement agreement that would allow New Ventures to truck in more construction waste that would round off the surface of the landfill and allow the company to finish capping the area.
In exchange for the right to dump more waste, New Ventures would agree to release the city from any liability in cleaning up the area, which DEP has designated as a 21E or hazardous waste site. Because the city years ago sent some waste and sewerage sludge to the landfill, Newburyport would also bear some responsibility in cleaning up the site.
Although some councilors initially seemed to favor the settlement agreement - since it would save the city any potential clean-up costs as well as some significant legal bills, and would allow the site to finally be capped - the more the agreement has been talked over, the less people seem to like it.
Neighbors were encouraged last week when Councilor Brian Derrivan, who represents Ward 5 where the landfill is located, said he had asked Mayor John Moak to stop negotiating a settlement with New Ventures.
Derrivan said the talks seemed unlikely to yield any worthwhile concessions for the city, and the money being spent on negotiations should be saved for future court battles. Derrivan also told neighbors that he didn’t think the majority of councilors were willing to support the settlement agreement.
Councilors have raised a slew of questions about the agreement.
At-large Councilor Tom Jones, who grew up in the Crow Lane neighborhood and can now see the landfill from his front door, says the 21E issue and any potential clean-up costs are essentially a big club that New Ventures is holding over the city’s head.
Jones suggests that any waste the city dumped at the site is a fraction of what’s been hauled in by New Ventures, and he believes any clean-up costs would be divided accordingly.
Jones also wonders what the city gains through the 21E concession, since the settlement agreement also calls for the city to assume responsibility for maintaining the site for 30 years after the landfill is capped. If anything goes wrong or if any additional clean-up work is needed, it would be up to the city to provide it.
Waste not, want not
But one of the most troubling aspects of the settlement agreement is that it allows New Ventures to start trucking in more waste, a lot more. Most neighbors agree that the odors they are now enduring are minor compared to the early days of the capping project when residents couldn’t step outside their doors without getting sick to their stomachs and the hospital actually interrupted a procedure taking place in the operating room to see where the unbearable smell was coming from. But some neighbors figure if the dumping starts again, the problem will return full force.
If you double or triple the number of trucks, I think we can anticipate that we would be inundated with that stench again, says Jones.
And with New Ventures track record of ignoring court orders, dismissing complaints from the neighborhood and its total disregard of the health problems its creating, some feel it would be difficult to trust or even hope that the company would play by the rules this time around.
Klodenski believes one of the problems is that the city never had a consistent legal strategy for dealing with New Ventures. And, in the past, neighbors have felt abandoned by DEP which, for so long, has been either unable or unwilling to step in and enforce its own rules at Crow Lane.
As Jones puts it, at every turn, the city has been outmaneuvered by the terms of the state and the crafty dealings of New Ventures.
Still, at this point, Klodenski and the neighbors seem to be allowing themselves to feel a little cautious optimism about DEP and the attorney generals ramped-up roles in the Crow Lane solution. They seem to be holding out hope that a judge will order New Ventures to comply with the existing court order to maintain the site and control the smells.
I really don’t know what other choice we have, says Klodenski.
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outoftowner
Member
24 Posts |
Posted - 12/24/2008 : 07:45:49 AM
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| Can someone report what happened at the 12/22 BOA meeting? |
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Tails
Administrator
2682 Posts |
Posted - 12/25/2008 : 11:35:16 PM
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quote:
Originally posted by outoftowner
Can someone report what happened at the 12/22 BOA meeting?
The Mayor spoke first and presented his consent order. The Board of Alderman received a copy of a Draft Consent Order, just fifteen minutes before the meeting. The draft order basically said: “We are addressing the odors and dust permeating from Wood Waste which constitutes a public nuisance and the numerous complaints received. This is an attempt to regulate Wood Waste. Wood Waste is to disperse odor control agents and the Everett Board of Health will monitor and if they find a violation, it must be fixed in seven days. If not, then the city has the right to seek injunctive relief and serve financial penalties.
The consent order “originally” said the piles he has were to be loaded at the current site on Route 16 via closed containers and shipped to the lower Broadway site (which we find out he does not even technically own)
What the administration failed to find out first was……the containers exceeded bridge heights and this can not be done. Of course Mr. Thibeault still wanted to bring the piles to the lower Broadway site (I know it’s because he’s running out of room…and saving it for the landfill) The Mayor stated that he rejected this proposal from Mr. Thibeault ( I also know this would NEVER be approved by DEP) because it’s a greater health risk. The Mayor said a couple of times that Wood Waste is a public nuisance but might not be a health hazard, so he does not want to explore the option for a cease and desist.
As for Newburyport’s input, it was stated by Colleen Mejia, the City Solicitor that they met with Newburyport’s Board of Health, Jack Morris, and that was suggested by council from the DEP to work with him and strategize with him.
Mrs. Mejia stated it was Jack Morris who suggested this consent order, and he said take this route rather than a cease and desist that a consent order would have more teeth and this is the reason the City of Everett went this way. I’m sure if this is true, Jack Morris had good intentions, and we should appreciate his help however, Wood Waste had these orders in 1995-1999-2001…and on and on and today. He should know that a consent order to Mr. Thibeault is nothing more than the paper it’s written on.
“Dust Control” was part of the order in 1995….and we are still addressing the issue in 2008! This company pays the fines and keeps doing the same thing. In June, Mr. Thibeault attorney, Anthony Rossi, went in front of the city council and had “Great News”…Mr. Thibeault has 18 months to build an enclosed facility. NOW….the city solicitor is saying its two years….. or more…which is it???
Another thing I found interesting is the DEP had an order in the year 2002 that only gave him 15 months to build an enclosed facility, and in the mean time…somehow…..that got snuck into the Purchase and Sale’s agreement for the old city yards Mr. Thibeault recently purchased, right next door to Wood Waste. The question was asked….”How does a purchase and sale agreement supersede the DEP? “Mrs. Mejia answered that “It’s the DEP that needs to be more aggressive” I agree with her on that part however…..how would the DEP know about the City of Everett sneaking that into a P&S agreement?? I think this could be challenged in court, if necessary. I’m sorry….she should have known better….she’s the one that has been in the city’s law office the entire time that Wood Waste has been in Everett.
I also find it odd that the Mayor will not explore a cease & desist because of financial constraints however……if Mr. Thiebault slaps him in the face he will use his resources and take him to court. So, one hand is saying we don’t have the money, but the other hand is saying….if he insults me, we will have the money. It’s either we do…or we don’t. I did not like the fact that the Mayor was barking about the fact that Mr. Thibeault’s reputation has been tarnished throughout the city. I would say there is no one else to blame but Mr. Thibeault himself, so don’t use the podium to stand there and whine.
The Mayor said he wants to go to court with monitors since no one has been hospitalized or sick so he has nothing to go on. Who is he kidding?? He admitted himself that Wood Waste stinks, his own eyes burn when he’s there. I wanted to ask him if that was a joke.
I’m also VERY TIRED of him comparing Wood Waste with other companies in Everett. They should sue him for slander. Not one of those other companies has complaints against them and especially from the Department of Environmental Protection! Mr. Thibeault has boxes full of complaints! When you are there to talk about Wood Waste, he should stay on the matter of Wood Waste and stop brining up other businesses in Everett that he’s going to get…one by one.
At one point, Alderman Van Campen stood up and said “Lets do the Air Quality testing to build a cease and desist order on the company, and the Mayor started getting loud again and the solicitor just jumped in. Just send him to anger management Colleen.
She also basically called the DEP liars. I too have spoken with the DEP and have e-mail from them. They have records of how often they have tried contacting the City of Everett, to no avail, so this administration really needs to be careful what they say in public. She also said she wants the consent order she does not go into court blind although…..there is a letter…signed by Mayor DeMaria stating that the issues at Wood Waste constitutes a public nuisance. That’s enough sight for me to go to court.
Another Newburyport comment from the Mayor was Newburyport issued a cease and desist and for 3-4 years now have had an open landfill with obnoxious odors coming from it and he does not want the City of Everett in this predicament. Open your eyes Mr. Mayor…..we are in this predicament.
The solicitor stated what was needed for a cease & desist and she told an Alderman to investigate, take citizen complaints, and that should be enough. If that’s the case…..then our BOH already has a case.
What I can’t believe is Mr. Thibeault is again slapping the taxpayers of Everett and that’s exactly what the consent order is doing. We have to hire a company at 10-20 thousand dollars for one test or we can “buy” the equipment and our BOH has to get trained on it. I feel like the city is babysitting a nursery school child and we keep giving into him. I’m sorry……but the Board of Health director made a ridiculous statement. She said the odors have to be much stronger than they are to be harmful to anyone. How can she make that judgment?? The director also stated the “test” needs to be done in late spring…early summer…well…what goes on in the meantime?? He still operates?? This makes NO SENSE.
More on Newburyport was the Mayor stated Newburyport was going to court in February. That’s why he’s not doing anything with the piles. Another slap to the citizens of Everett. The City Solicitor stated that Newburyport filed a cease and desist once and Mr. Thibeault received an injunction and won. That’s when Newburyport came up with an agreement with him but she couldn’t remember if Mr. Thiebault complied with that agreement. If I was a gambler, my bet would be, he did not. She went on again that Jack Morris told her “Just enter into an agreement with Mr. Thibeault to save all these steps”. I’d like to ask him about that because he knows better than anyone an agreement with Mr. Thiebeault is not worth the paper it’s written on.
The consent agreement had a line in it that said “Please note that this agreement does NOT address the removal of the piles or the pile heights from the current Wood Waste site. That’s for the landfill…. and Mr. Thibeault is that cocky that he’s probably certain that he will win his court case.
I also did not like how the Mayor got testy with Alderman Marchese about the smells. Asking him sarcastically….” Do you know for SURE it’s bad for you health or are you just going by the egg smell” How condensing!
We were also told that the Crow Lane landfill is the only option to get rid of these piles per the City Solicitor. That’s because it’s C&D material and that Crow Lane is the only one left that accepts that material per the DEP. She said there was another one in Ohio, that’s the one we were PROMISED the piles would go to no later than July 14, 2008.
I find it very inaccurate work, which the city just finds out from the DEP that they do not have jurisdiction over the piles. This is something the Solicitors office and the Board of Health should have known for years. The solicitor mentioned that the DEP told her they have not deemed the piles a health risk, so the city can not. I don’t believe that, and I sent an e-mail to the DEP about it. Those piles are C&D material, of course they are a health risk. It does not take a rocket scientist to figure that out.
It was mentioned that a man that lived on East Elm Street passed away from cancer at age 58. Another woman who lives near Wood Waste was diagnosed with kidney cancer and thank goodness, she said she would be okay. These cases very well might not have anything to do with Wood Waste but in the interest of public safety, it should be looked into. What about the woman that lived two doors down, from the man that passed away on East Elm Street that called the Ward 1 Alderman, crying, that she had to cancel a Birthday party for her daughter because the smells from Wood Waste were so bad. Her eyes were burning and she was going to the hospital. There are so many sickness stories all coming from the Wood Waste area and that’s why it really ticks me off, when the Mayor always starts talking about the other businesses in Everett, that have been good ones.
The Mayor also stated that the DEP does not have any bad monitoring’s from Wood Waste site and a company came out for a free consultation and in their professional opinion, nothing harmful is being expelled. He also said he has no doubt a court of law will not go against Mr. Thibeault capping the landfill, just from the facts of this case. The materials he has, fits with what the DEP wants in the landfill.
I’m not happy with the Independent getting to see the draft order before the Alderman. The Board of Alderman was supposed to see it, and give their input, and then review the final draft. I think the Mayor had no intentions of doing that, since the papers got it first. What a slap to the Board of Alderman.
I conclude with, I don’t trust this administration to monitor anything that concerns Wood Waste. These are the same people, the Mayor, His Chief of Staff, His Solicitor and friend, Mr. Thibault’s attorney, Anthony Rossi that were CHEERING in the hallway when the sale of the city yards went through, and Mr. Thibeault being a huge campaign contributor to the Mayor. If Mr. Thibeault had any intentions of building an enclosed facility he would have done it years ago. The money he would have spent on a building would have been a drop in the bucket compared to what he spent on lawyers, so he never had any intentions. It’s pretty simple to me, a Cease & Desist will stop the waste/shredding of materials spewing all over the place in the air, but a consent order will keep allowing it. I know what my choice is.
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Edited by - Tails on 12/26/2008 09:31:06 AM |
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Paul
Senior Member
158 Posts |
Posted - 12/26/2008 : 10:33:29 AM
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Plenty of details in that post.
Could you address one question for me?
People at the meeting stated that if a Cease and Desist order was given that Thibault would have it overturned in court immediately.
Tails, in your opinion ,is that statement true or not?
The reason why I ask is that no one seemed to argue the point that the Cease and Desist order would not be immediately overturned in court.
THANKS in advance. |
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Tails
Administrator
2682 Posts |
Posted - 12/26/2008 : 1:51:47 PM
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quote:
Originally posted by Paul
Plenty of details in that post.
Could you address one question for me?
People at the meeting stated that if a Cease and Desist order was given that Thibault would have it overturned in court immediately.
Tails, in your opinion ,is that statement true or not?
The reason why I ask is that no one seemed to argue the point that the Cease and Desist order would not be immediately overturned in court.
THANKS in advance.
My opinion is that statement was untrue. If I was on the Board of Alderman, I would have questioned that statement, but that’s what happens when you talk over people, and try and give the BOA too much information all at once. I know two Aldermen that would have liked to have seen that consent order before the meeting, and they only got it fifteen minutes before the BOA meeting. I did not think that was fair.
More information that was relayed from the Mayor was….."we have such tight financial constraints to go after a Cease & Desist" …..If true, why would the Mayor do double duty on the taxpayers and take this consent route before the Cease & Desist?
The best interest for the taxpayers is a Cease & Desist so……..I’m not sure why he’s taking it so personal, but my opinion from what I have seen is, a Cease and Desist in Everett is not going to help Mr. Thibeauilt’s case in Newburyport. One of Mr. Thiebault’s attorneys is a good friend of the Mayor, and it was the Mayor himself that put that information out there. Another reason why he should not be standing there advocating this company. He is choosing Wood Waste over all those citizen complaints.
Wood Waste can certainly appeal a Cease & Desist, but, for this administration to use the word “overturned” was a bit premature and a scare tactic.
I think just the Wood Waste chronology the BOH has, along with the violations found by the DEP, on the Wood Waste site, is enough teeth for a Cease & Desist. He’s breaking the law, and his Wood Waste facility is in DEP violations along with code enforcement.
The Mayor also made the statement that Mr. Thibeault is only working with "him" as Mayor.......”and that’s huge” (Mayors DeMaria’s words) …………..and that’s not the case.
It’s because that the DEP have finally come down on this company.
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deleted
4 Posts |
Posted - 12/26/2008 : 5:48:06 PM
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| Anyone who watched the meeting could tell what a bunch of crap that was fed to people. The mayor is the mayor and what ever happens when your mayor is your problem and all he says is he hates that this was dropped on his lap and hes tired of it. he repeats himself and takes up time. Then hes tired of being mayor and let someone else do the job because I'm sick if listening to that and he walked into this mess. He's making this mess worse off on how he's handling it. He asked for this job and when the going gets tough he looks to blame others. Let someone else do it that can handle it then. |
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tetris
Moderator
2040 Posts |
Posted - 12/27/2008 : 12:06:27 PM
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Although I agree with a lot of what Tails has been posting over the last couple of days, there are areas where we do not agree, This post should highlight at least one of them.
In way of background, I have never been a strong advocate of a cease and desist order for Wood Waste. My reasoning for that was that I didn't believe that the city would have enough basis for a making a case and it would be thrown out of court. Even so, I was willing to go along with a cease and desist if it was what most people wanted. But, as I was attempting to do some research in order to determine exactly what the scope of the powers of the Board of Health is in this situation, I came across Chapter 111, Section 144 of Massachusetts General Law. Although I have probably read this brief section of state law many times before, the simplicity of it really hit home with me this time and it made it possible for me to see how a cease and desist motion could be accepted for consideration by the courts. I'd like to share this section of MGL with everyone; it is included in its entirety below.
Chapter 111: Section 144. Revocation of location assignment; removal of nuisance
Section 144. If a place or building so assigned becomes a nuisance by reason of offensive odors or exhalations therefrom, or is otherwise hurtful or dangerous to the neighborhood or to travelers, the superior court may, on complaint of any person, revoke such assignment, prohibit such further use of such place or building, and cause the nuisance to be removed or prevented.
As always, time for the standard disclaimer. I'm not a lawyer and, as such, can only come at this with a layman's sensibilities. But, to me, it does appear that the standard that needs to applied to determine whether or not a case could go forward appears to be very low ("If a place or building so assigned becomes a nuisance by reason of offensive odors...on complaint of any person"). Well, no less of an authority than Mayor DeMaria himself has declared that Wood Waste is a nuisance by reason of offensive odors (IT STINKS!!). So it does seem reasonable to me now that a cease and desist case could go forward. Of course, there would be some burden of proof placed on whoever brought the suit to prove that the odors were coming from Wood Waste. But since they have a meter reading from the site now and the standard of proof is only "offensive odors" rather than "health threatening", it seems reasonable that they could prove the claim.
What is harder to determine is what a judge would do with the case. They are given many possible remedies under the law. It is possible they would do nothing ("the superior court may...") but that seems unlikely. Maybe they would shut them down. But no less of a source than Alderman Van Campen stated at the Wood Waste public meeting that it is not likely that a judge would shut a business down the first time that an action against the business is brought to court. Remember, this would be the first time that the city would be in court with Wood Waste over the operation of its business; so, that eliminates many of the possible remedies. Therefore, that pretty much leaves "cause of the nuisance to be removed or prevented" as the most likely outcome, to my mind anyways. While it is possible that a judge might proscribe the steps necessary to remove or prevent the nuisance, it would seem more likely that the parties would be told to work out the issues and bring an agreement back to the judge for their approval. It is probably likely that Mr. Thibeault's lawyers would be able to tie the existanceue of the piles to the pending litigation with the City of Newburyport; therefore, it is likely that this agreement would focus on odor and dust control issues.
Isn't that pretty much where we are now? If the city is able to craft an strong, air tight enforcement agreement (another debate for another day) with Mr. Thibeault, don't we get to the same place without the expense of hiring a lawyer to represent us in superior court (remember from the NEXT G case, no one in the city solicitor's office licensed to practice in superior court) and having to wait longer for whatever odor and dust control mitigation practices to be put into place (I think that it is unlikely that Mr, Thibeault would put them into place until he has to)? I think that Mr. Morris from Newburyport was thinking somewhere along these same lines when he suggest that the City of Everett start out directly with the enforcement order. The only added benefit that I could see of going to court to get the same result would be that if Mr. Thibeault violated an agreement that was approved by a judge, the case might have a little more weight behind if if it had to go back to court. |
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Tails
Administrator
2682 Posts |
Posted - 12/27/2008 : 3:27:34 PM
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| I have a question, and I'm off track (sorry) but the City Solicitor is not licensed for Superior Court? |
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massdee
Moderator
5299 Posts |
Posted - 12/27/2008 : 4:01:40 PM
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| It makes no sense to me to have a City Solicitor that cannot practice law in every court. How much are we paying her? Doesn't seem very cost efficient. |
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Tails
Administrator
2682 Posts |
Posted - 12/27/2008 : 4:19:28 PM
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When your an attorney, making almost 100K of taxpayer money, I thought, they could go to ANY court. Another slap to the taxpayers.
As for the upcoming trial regarding Wood Waste/New Ventures.....I believe the contact information below is the attorney that is taking Wood Waste/ New Ventures to court. Anyone affected by Wood Waste, their obnoxious odors, sickness, health hazard..... whatever......should send any information to him, so he has a stronger case.
Andrew Goldberg, BBO# 560843
Assistant Attorney General
Environmental Protection Division
One Ashburon Place, 18th Floor
Boston, Massachusetts 02108
617-727-2200
e-mail: Andy.Goldberg@MassMail.State.MA.US
I would CC John Carrigan at: John.Carrigan@state.ma.us and also the person in charge of Wood Waste complaints, Mark Fairbrother at: Mark.Fairbrother@state.ma.us
John Carrigan can be reached via telephone at: 978-694-3299
Mark Fairbrother can be reached via telephone at: 978-694-3298
I also wanted to point out that I have spoken with them, and every time I have called on the phone, they have picked up the phone. I have waited for e-mail responses, but they do work for the entire state, so that was understandable. They are not difficult to reach.
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massdee
Moderator
5299 Posts |
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Wood Waste
