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massdee
Moderator
5299 Posts |
Posted - 05/01/2009 : 12:50:11 PM
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Friday, May 1, 2009
Press release from Attorney General
ATTORNEY GENERAL MARTHA COAKLEY OBTAINS COURT ORDERS IN CASES INVOLVING NEWBURYPORT LANDFILL AND EVERETT SOLID WASTE FACILITY
BOSTON — Today, Superior Court Judge Peter Lauriat entered two court orders in Suffolk Superior Court involving a landfill in Newburyport, and a solid waste processing facility in Everett. The first order, a consent judgment, resolves a case brought by the Commonwealth against New Ventures Associates, LLC, owner of the Crow Lane landfill in Newburyport. The Court also entered an agreed-to injunction imposing restrictions on Wood Waste, Inc., the operator of the Everett facility. New Ventures and Wood Waste are run by the same principal, William Thibeault.
Today’s orders address nuisance odor problems at both facilities. The consent judgment requires the Crow Lane landfill to be fully capped by the end of the year. The Crow Lane settlement also requires New Ventures to pay a $230,000 civil penalty to the Commonwealth, although a portion of that penalty is subject to waiver if the landfill complies with the agreed-to landfill closure schedule and other requirements of the consent judgment. The injunction with Wood Waste requires all stockpiled construction and demolition residual material at Wood Waste’s Everett and Chelsea sites to be removed within 105 and 135 days respectively. Under the terms of the orders, portions of the construction and demolition material processed at the Wood Waste landfill, after mixed with soil, may be used to close the Crow Lane landfill.
“We are hopeful that today’s court orders will bring an expeditious resolution to problems that have long plagued residents who live near both facilities. The best way to address the problems at the Crow Lane landfill is to complete its closure, and this settlement was the only practical means of getting that done this year,” said Attorney General Coakley. “The settlement allows New Ventures to resume using ground construction and demolition debris as cover material at the Crow Lane site in accordance with state policy, but it includes various measures designed to ensure that such material is properly handled and managed. Should problems arise regarding compliance with the requirements of the court’s orders, we stand ready to enforce them as necessary to minimize any problems at the landfill and the Everett facility.”
“Today’s agreement brings us closer to a long-overdue resolution regarding the Crow Lane landfill in Newburyport and the Wood Waste facility in Everett,” said Laurie Burt, Commissioner of the Massachusetts Department of Environmental Protection (MassDEP). “New Ventures needs to get back to work and fulfill its agreement to comply with all state requirements and bring about the safe and prompt capping and closure at Crow Lane by year’s end. This is a job New Ventures sought to do, and promised the city it would complete. This settlement will finally make this closure happen.”
The Attorney General’s Office filed a lawsuit in 2006 against New Ventures for violating MassDEP enforcement orders, resulting in the release of hydrogen sulfide gas at the Crow Lane landfill. In October 2006, the court issued a preliminary injunction requiring New Ventures to install pretreatment controls to stop the spread of the gas, which has a foul, rotten egg-like smell, and to cap the landfill on an expedited schedule. Over the next several months, New Ventures installed the air pollution control equipment and capped 60 percent of the landfill.
New Ventures failed to comply with many of the requirements set forth in the 2006 preliminary injunction, resulting in odor problems and landfill capping delays. On July 27, 2007, the Attorney General’s Office filed a motion asking the court to order New Ventures to take several immediate steps to control hydrogen sulfide emissions at the landfill. On September 20, 2007, the court ordered those additional measures, including placing a temporary cap on part of the landfill and installing three new gas extraction wells to control noxious odors from the uncapped portions of the landfill.
Today’s consent judgment sets an enforceable schedule for capping the landfill by the end of the year, with key interim milestones. Among other requirements, the landfill must test the stability of the area where the berm will be constructed, and then construct a critical portion of the berm within 90 days of MassDEP’s stability approval. If the test results demonstrate that a design modification is necessary, the berm must be built within 90 days of MassDEP’s approval of a new berm design stabilization plan. The remaining portion of the berm and capping of the entire landfill with an impervious liner must be completed before next winter.
The judgment includes strict performance standards for continued operation of the air pollution control equipment, as well as various measures to prevent odor problems from occurring during completion of the landfill’s closure. The closure process can be stopped for violations of most requirements in the judgment, and, to further induce compliance, portions of the $230,000 penalty will be suspended if New Ventures meets six key closure milestones at the Crow Lane landfill. Additional remedies are available for new violations.
The stipulated preliminary injunction filed against Wood Waste today requires the company to remove all existing piles of ground construction and demolition material from Everett within 105 days. The injunction also requires the principals to remove material that Wood Waste has accumulated on an adjacent parcel in Chelsea within 135 days. The preliminary injunction further requires Wood Waste to control odors and dust during the removal process to prevent nuisance conditions in the surrounding communities, and establishes procedures for Wood Waste to address complaints around the clock.
The Crow Lane and Wood Waste cases are being handled by Assistant Attorneys General Matthew Ireland and Andrew Goldberg of Attorney General Coakley’s Environmental Protection Division, together with MassDEP attorney Michael Dingle and John Carrigan, Chief of the Solid Waste Division of MassDEP’s Northeast Regional Office, and Mark Fairbrother, also of MassDEP’s Northeast Regional Office.
"Deb" |
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Tails
Administrator
2682 Posts |
Posted - 05/01/2009 : 11:46:43 PM
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So if I am reading this correctly, he has until August 14th to remove the stock piled C&D materials.
I'd like to know what happens after the fall of 2009, when the landfill will be capped. Where will this stuff go? There is approximately 800,000.00 tons at Wood Waste currently. Can he just dump all that in the landfill, that's already 60% capped? This injunction also says Wood Waste has to address complaints around the clock. How do they propose to do that?
Has the enclosure process started? |
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tetris
Moderator
2040 Posts |
Posted - 05/05/2009 : 8:01:06 PM
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| I heard that Mr. Thiebault's lawyer (don't know which one) asked for and was granted a request Monday night to table an appeal on their zoning violation until the ZBA's July meeting. Since they were only asking for an interpretation of the ordinance being enforced, this would seem to be a way to delay any action on it until the point is pretty much moot. |
Edited by - tetris on 05/05/2009 8:02:29 PM |
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massdee
Moderator
5299 Posts |
Posted - 06/19/2009 : 09:04:38 AM
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Has anyone noticed how bad the smell is coming from Woo Waste? The past few days I can smell it in my neighborhood and I don't live near Wood Waste. If you go to Stop and Shop the odor is positively sickening.
"Deb" |
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just wondering
Senior Member
387 Posts |
Posted - 06/19/2009 : 11:53:33 AM
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| I agree!! It's smells bad today. On the bright side.....it looks like the piles are disappearing. Won't be much longer before the smell is gone. |
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carlost everett
Member
41 Posts |
Posted - 06/20/2009 : 11:53:36 PM
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What rose colored glasses are you looking through Trelissa? Spreading the propaganda, huh? The smell surrounding this sitation won't permanently leave until the stench in the corner office and below disappears as well.
CarloST Everett |
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Tails
Administrator
2682 Posts |
 Posted - 06/21/2009 : 9:36:52 PM
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| I saw Wood Waste today and while the piles seem to be disappearing on the Everett side, they seem to be staying on the Chelsea side. He could be doing the Everett side first, who knows, but I'm sure Jay Ash must not be too pleased. They are not supposed to be in Chelsea, at all. |
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just wondering
Senior Member
387 Posts |
Posted - 06/21/2009 : 10:04:51 PM
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quote:
Originally posted by Tails
I saw Wood Waste today and while the piles seem to be disappearing on the Everett side, they seem to be staying on the Chelsea side. He could be doing the Everett side first, who knows, but I'm sure Jay Ash must not be too pleased. They are not supposed to be in Chelsea, at all.
Soooo.....he should remove the piles from Chelsea and Everett in equal amounts simultaneusly. Maybe alternate truckloads? Do you read your posts? |
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Paul
Senior Member
158 Posts |
Posted - 06/21/2009 : 11:24:12 PM
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I would assume he is concentrating on removing the piles from the Everett site because of this part of the court order....
"The stipulated preliminary injunction filed against Wood Waste today requires the company to remove all existing piles of ground construction and demolition material from Everett within 105 days. The injunction also requires the principals to remove material that Wood Waste has accumulated on an adjacent parcel in Chelsea within 135 days." |
Edited by - Paul on 06/21/2009 11:26:17 PM |
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massdee
Moderator
5299 Posts |
Posted - 06/22/2009 : 07:15:17 AM
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Does that mean Chelsea's 135 days start after Everett's 105 days? Or does Wood Waste only have 30 days to remove Chelsea's piles after the Everett time limit has passed?
"Deb" |
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Tails
Administrator
2682 Posts |
Posted - 06/22/2009 : 08:54:10 AM
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quote:
Originally posted by just wondering
quote:
Originally posted by Tails
I saw Wood Waste today and while the piles seem to be disappearing on the Everett side, they seem to be staying on the Chelsea side. He could be doing the Everett side first, who knows, but I'm sure Jay Ash must not be too pleased. They are not supposed to be in Chelsea, at all.
Soooo.....he should remove the piles from Chelsea and Everett in equal amounts simultaneusly. Maybe alternate truckloads? Do you read your posts?
Look, I was only making an observation and I believe Paul's post answered it. I don't understand the defense to Wood Waste all the time. The piles were never supposed to be in Chelsea in the first place, the man is no good. |
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n/a
deleted
136 Posts |
Posted - 06/22/2009 : 10:23:24 AM
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Contact:
Melissa Karpinsky (AGO)
Amie Breton (AGO)
(617) 727-2543
Joe Ferson (MassDEP)
(617) 654-6523
MARTHA COAKLEY
ATTORNEY GENERAL
April 30, 2009 - For immediate release:
Attorney General Martha Coakley Obtains Court Orders in Cases Involving Newburyport Landfill and Everett Solid Waste Facility
BOSTON — Today, Superior Court Judge Peter Lauriat entered two court orders in Suffolk Superior Court involving a landfill in Newburyport, and a solid waste processing facility in Everett. The first order, a consent judgment, resolves a case brought by the Commonwealth against New Ventures Associates, LLC, owner of the Crow Lane landfill in Newburyport. The Court also entered an agreed-to injunction imposing restrictions on Wood Waste, Inc., the operator of the Everett facility. New Ventures and Wood Waste are run by the same principal, William Thibeault.
Today’s orders address nuisance odor problems at both facilities. The consent judgment requires the Crow Lane landfill to be fully capped by the end of the year. The Crow Lane settlement also requires New Ventures to pay a $230,000 civil penalty to the Commonwealth, although a portion of that penalty is subject to waiver if the landfill complies with the agreed-to landfill closure schedule and other requirements of the consent judgment. The injunction with Wood Waste requires all stockpiled construction and demolition residual material at Wood Waste’s Everett and Chelsea sites to be removed within 105 and 135 days respectively. Under the terms of the orders, portions of the construction and demolition material processed at the Wood Waste landfill, after mixed with soil, may be used to close the Crow Lane landfill.
“We are hopeful that today’s court orders will bring an expeditious resolution to problems that have long plagued residents who live near both facilities. The best way to address the problems at the Crow Lane landfill is to complete its closure, and this settlement was the only practical means of getting that done this year,” said Attorney General Coakley. “The settlement allows New Ventures to resume using ground construction and demolition debris as cover material at the Crow Lane site in accordance with state policy, but it includes various measures designed to ensure that such material is properly handled and managed. Should problems arise regarding compliance with the requirements of the court’s orders, we stand ready to enforce them as necessary to minimize any problems at the landfill and the Everett facility.”
“Today’s agreement brings us closer to a long-overdue resolution regarding the Crow Lane landfill in Newburyport and the Wood Waste facility in Everett,” said Laurie Burt, Commissioner of the Massachusetts Department of Environmental Protection (MassDEP). “New Ventures needs to get back to work and fulfill its agreement to comply with all state requirements and bring about the safe and prompt capping and closure at Crow Lane by year’s end. This is a job New Ventures sought to do, and promised the city it would complete. This settlement will finally make this closure happen.”
The Attorney General’s Office filed a lawsuit in 2006 against New Ventures for violating MassDEPenforcement orders, resulting in the release of hydrogen sulfide gas at the Crow Lane landfill. In October 2006, the court issued a preliminary injunction requiring New Ventures to install pretreatment controls to stop the spread of the gas, which has a foul, rotten egg-like smell, and to cap the landfill on an expedited schedule. Over the next several months, New Ventures installed the air pollution control equipment and capped 60 percent of the landfill.
New Ventures failed to comply with many of the requirements set forth in the 2006 preliminary injunction,resulting in odor problems and landfill capping delays. On July 27, 2007, the Attorney General’s Office filed a motion asking the court to order New Ventures to take several immediate steps to control hydrogen sulfide emissions at the landfill. On September 20, 2007, the court ordered those additional measures, including placing a temporary cap on part of the landfill and installing three new gas extraction wells to control noxious odors from the uncapped portions of the landfill.
Today’s consent judgment sets an enforceable schedule for capping the landfill by the end of the year, with key interim milestones. Among other requirements, the landfill must test the stability of the area where the berm will be constructed, and then construct a critical portion of the berm within 90 days of MassDEP’s stability approval. If the test results demonstrate that a design modification is necessary, the berm must be built within 90 days of MassDEP’s approval of a new berm design stabilization plan. The remaining portion of the berm and capping of the entire landfill with an impervious liner must be completed before next winter.
The judgment includes strict performance standards for continued operation of the air pollution control equipment, as well as various measures to prevent odor problems from occurring during completion of the landfill’s closure. The closure process can be stopped for violations of most requirements in the judgment, and, to further induce compliance, portions of the $230,000 penalty will be suspended if New Ventures meets six key closure milestones at the Crow Lane landfill. Additional remedies are available for new violations.
The stipulated preliminary injunction filed against Wood Waste today requires the company to remove all existing piles of ground construction and demolition material from Everett within 105 days. The injunction also requires the principals to remove material that Wood Waste has accumulated on an adjacent parcel in Chelsea within 135 days. The preliminary injunction further requires Wood Waste to control odors and dust during the removal process to prevent nuisance conditions in the surrounding communities, and establishes procedures for Wood Waste to address complaints around the clock.
The Crow Lane and Wood Waste cases are being handled by Assistant Attorneys General Matthew Ireland and Andrew Goldberg of Attorney General Coakley’s Environmental Protection Division, together with MassDEP attorney Michael Dingle and John Carrigan, Chief of the Solid Waste Division of MassDEP’s Northeast Regional Office, and Mark Fairbrother, also of MassDEP’s Northeast Regional Office.
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Tails
Administrator
2682 Posts |
Posted - 06/22/2009 : 11:51:33 AM
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| Okay, so he has until September 12th to have all the piles off the Chelsea site, and August 13th for Everett. I only asked that because the smells have been really bad, and wondered about the Chelsea side is all. |
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n/a
deleted
136 Posts |
Posted - 08/01/2009 : 7:42:49 PM
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Does anyone know what this is about with the underground gas tanks I'm not sure what this site is trying to say. I do see the new roads.
You must be logged in to see this link. |
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massdee
Moderator
5299 Posts |
Posted - 08/18/2009 : 12:56:43 PM
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Is it true that piles are starting to build up again at Wood Waste? I haven't been down in that area for a while.
"Deb" |
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Wood Waste
