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massdee
Moderator
5299 Posts |
Posted - 02/27/2010 : 3:57:05 PM
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Part of landfill cover ripped off
Oh, and yeah ... about 10% of the permanent landfill cover installed last fall was ripped off the landfill and the gas extraction system was damaged.
This DEP update was from early Friday:
This morning New Ventures and Shaw personnel reported to MassDEP that high winds overnight had damaged the Flexible Membrane liner (FML) cap on the southwest corner of the landfill. An initial assessment by New Ventures and Shaw personnel indicates that approximately 10 % of the FML cap has been rolled off the landfill to the landfill top. In addition, as a result two landfill gas extraction wells have been damaged. The landfill gas system is currently shut down due to the damaged wells and a power outage in Newburyport.
New Ventures personnel are implementing measures to secure the edges of the undamaged FML and assessing how to repair the FML. New Ventures has also indicated they are attempting to obtain an emergency crew from the FML installer to repair the damaged FML. In addition, New Ventures is evaluating and will implement measures to reactivate the undamaged portion of the landfill gas extraction system and the two damaged extraction wells.
And this one was from later in the day:
Shaw personnel have reported to MassDEP that New Ventures:
· Resumed operation of the undamaged portion of the landfill gas system resumed at approximately 1:50 PM today;
· Placed temporary caps on the three damaged extraction wells and related portions of the landfill gas piping pending repair of the wells;
· Secured the edges of the undamaged FML with sand bags; and
· Completed replacement of the automatic flow control valve on the enclosed flare.
Shaw personnel monitored the restarting of the flare and pre-treatment system and report that the pretreatment system is meeting the removal standard for H2S and the flare is operating at the proper temperature. Shaw personnel will continue to monitor the landfill this weekend and report their findings to MassDEP staff.
New Ventures is continuing to contact the FML installer, GSE, to arrange for an emergency crew to repair the damaged FML.
That's interesting wording - New Ventures is continuing to contact the FML installer, GSE, to arrange for an emergency crew to repair the damaged FML - since I just wrote for the Current that DEP had to use some of the financial assurance mechanism (escrow) put down by New Ventures to pay this vendor (the assumption being that NV refused or was unable to pay for it).
Also check out the story in yesterday's Daily News.
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"Here comes the judge" |
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massdee
Moderator
5299 Posts |
Posted - 03/04/2010 : 2:04:39 PM
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Thursday, March 4, 2010
Baddour and Costello press hard on landfill (news release)
BOSTON – Legislation filed today by Representative Michael A. Costello (D- Newburyport) and Senator Steven A. Baddour (D – Methuen) would allow the state to access and directly manage landfills determined to be a public nuisance.
Under the law, the state would be allowed to enter a landfill immediately in order to perform remediation work and alleviate conditions causing the public nuisance, if the owner or operator cannot or will not do the work in a timely fashion. The legislators filed the bill in response to the outrageous circumstances at Newburyport’s Crow Lane landfill, which has been a threat to public health and environmental safety for years. In that time, residents have been affected by rotten egg odors and hydrogen sulfide gases emitted from Crow Lane. The landfill operator, the state and the city have been entrenched in a legal battle for more than two years over the conditions at Crow Lane.
“Crow Lane has revealed that we clearly have a flawed process, whereby the operator of the landfill has willingly become engaged in a lengthy legal battle while the residents who are affected by the landfill have been provided little relief,” said Representative Costello. “This legislation would allow the state provide immediate relief and then go to court later to determine how to recover costs.”
Costello and Baddour consulted with officials from the Department of Environmental Protection (MassDEP) and General Court counsel and staff to write the legislation, which would bring landfill regulations into alignment with those for hazardous waste sites in the state.
“The residents of the Crow Lane neighborhood have suffered long enough”, said Senator Baddour. “The DEP must be given the power to intercede with problematic landfills to protect the health and quality of life for not only the citizens of Newburyport – but throughout the entire Commonwealth.”
“MassDEP is pleased to work with Representative Costello, Senator Baddour, and Mayor Holaday to help develop legislation that will address a gap in our ability to effectively manage problem landfills,” MassDEP Commissioner Laurie Burt said. “We want to protect the citizens of the Commonwealth from unresponsive landfill operators to ensure that other communities will not have their quality of life negatively impacted.”
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massdee
Moderator
5299 Posts |
Posted - 03/26/2010 : 12:12:13 PM
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Friday, March 26, 2010
DEP steps in on Crow Lane
I, along with others, received this email from our mayor yesterday evening (while I was out for the evening):
Today the Attorney General’s Office filed on behalf of the MassDEP a motion in Suffolk Superior Court on the Crow Lane Landfill case. The Attorney General’s Office is requesting that the Court issue an order granting the Department and its contractors access to the landfill for the purpose of repairing the damaged Flexible Membrane Liner (the “FML” cap) and gas extraction wells with the cost of these repairs paid to DEP’s contractors by reimbursement through New Ventures’ Financial Assurance Mechanism (the “FAM”). [A FAM is essentially a performance bond required of landfill owners by the Solid Waste Regulations. It serves to provide the Commonwealth with the funds necessary to perform closure and post-closure activities at a landfill in the event that the operator fails in whole or in part to do so in accordance with permits or orders].
In addition, the Commonwealth requested that the Court declare that New Ventures has defaulted on its Landfill closure obligations and breached the provisions in their FAM because it cannot fund and perform the required repairs or any further closure work. The Attorney General argues that, because New Ventures has defaulted on its FAM obligations, the Court should also declare that MassDEP is authorized to control and direct the use and disbursement of all remaining FAM funds to reimburse contractors performing all further Landfill closure work. (Gillian's emphasis) Finally, the Attorney General asks that the Court order New Ventures to submit to MassDEP revised cost estimates that fully and accurately address all tasks necessary to close the landfill and pay for post-closure maintenance of the landfill.
As I receive information on NV's response and the legal proceedings I will keep you updated. I believe this is the direction we had all hoped would occur. I am grateful to the AG and DEP for taking this step on behalf of our city and especially for the residents in the surrounding neighborhood. Donna Holaday, Mayor
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Here's another story on the landfill.
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Edited by - massdee on 03/26/2010 12:19:26 PM |
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Tails
Administrator
2682 Posts |
 Posted - 03/26/2010 : 1:17:46 PM
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Did anyone really expect anything different to happen??
Has anyone been by Wood Waste lately??
DISGRACE and in CLEAR violation of the Enforcement Order issued March 13, 2009. Where are all our dauntless defenders to the residents now?? Oh wait, I forgot….Steve Simonelli is no longer there, thanks to mayoral influence and cash.
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Tails
Administrator
2682 Posts |
Posted - 03/26/2010 : 4:46:07 PM
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AND........................an update.
Guest post: Jack Van Loan
Last weekend, I went to the landfill to see what was happening. The public right of way that is Crow Lane, past the entrance to the stump dump has numerous piles of C & D fines and stone rubble(12-15 feet tall); the road is invisible under dirt and debris; Where Crow Lane goes down hill toward the tributary of the Little River there is a layer of dirt, stone and debris. There is even a small pile of vacuum tubes from a radio or TV.
The landfill at the west side is piled much higher than the berm by [New Ventures LLC], probably in anticipation of their added retaining wall being approved.
NVLLC has been getting rid of Everett Wood Waste's debris by bringing it to Newburyport, first by Mayor Moak's wonderful order and then by just piling it on public land.
Maybe it is time to get the landfill declared a 21E site and following the added debris back through NVLLC to Everett Wood Waste and the people that brought debris to Everett Wood Waste.
NVLLC will be declaring bankruptcy any time, now.
[Financial Assistance Mechanism] FAM is be used up just finishing the construction.
Who will pay for repairs when settling occurs in "berm" and landfill when all the "carbon", wood debris decomposes and everyhting settles, affecting the gas collection system.
Who didn't see this coming?
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massdee
Moderator
5299 Posts |
Posted - 03/26/2010 : 5:48:24 PM
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Friday, March 26, 2010
Crow Land Landfill Update-March 26, 2010
Crow Lane Landfill Update –March 26, 2010
This update is being provided as part of MassDEP’s commitment to more frequent communications with the residents and officials of Newburyport concerning the capping and closure of Crow Lane Landfill. Please send your questions, comments and suggestions to: crowlane.information@massmail.state.ma.us. In addition to these email updates, correspondence and reports are posted in the MassDEP Northeast Region website at: You must be logged in to see this link.
Please call the New Ventures complaint line at (978) 462-5240 and, if you are able to do so, send an e-mail to CrowLaneLandfill@gmail.com and crowlane.information@massmail.state.ma.us as soon as possible when you detect odors. This information will assist us in having Shaw personnel when at the landfill investigate the complaints and in collecting additional off-site ambient air samples when odors are occurring.
Court Action Filed
On Thursday, March 25, 2010, the Attorney General’s Office filed a motion on behalf of MassDEP in Suffolk Superior Court regarding the Crow Lane Landfill. The Attorney General’s Office is requesting that the court issue an order granting the Department and its contractors access to the landfill for the purpose of repairing the damaged Flexible Membrane Liner (the “FML” cap) and gas extraction wells with the cost of these repairs paid to MassDEP’s contractors by reimbursement through New Ventures’ Financial Assurance Mechanism (the “FAM”). [A FAM is essentially a performance bond required of landfill owners by the Solid Waste Regulations. It serves to provide the Commonwealth with the funds necessary to perform closure and post-closure activities at a landfill in the event that the operator fails in whole or in part to do so in accordance with permits or orders].
In addition, the Commonwealth requested that the court declare that New Ventures has defaulted on its Landfill closure obligations and breached the provisions in their FAM because it cannot fund and perform the required repairs or any further closure work. The Attorney General argues that, because New Ventures has defaulted on its FAM obligations, the court should also declare that MassDEP is authorized to control and direct the use and disbursement of all remaining FAM funds to reimburse contractors performing all further Landfill closure work. Finally, the Attorney General asks that the court order New Ventures to submit to MassDEP revised cost estimates that fully and accurately address all tasks necessary to close the landfill and pay for post-closure maintenance of the landfill.
The court has scheduled a hearing on the Attorney General Office’s motion for Monday, March 29, 2010 at 2 PM in Suffolk Superior Court, Session C, Room 313 in Boston. The papers filed by the Attorney General’s Office with the court will be available on the MassDEP web page late Monday at You must be logged in to see this link.” Electronic copies of the Motion and Brief are attached to this email.
Posted by Ed Cameron at Friday, March 26, 2010
Labels: Crow Lane
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carlost everett
Member
41 Posts |
Posted - 03/27/2010 : 3:44:30 PM
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| Has anyone been down to see Wood Waste? I brought my mother shopping today and it was back to where it was before or worse. Boy, am I glad everyone is staying on top of this guy. Wonder what the Everett monthly payroll looks like to shut up and look the other way? |
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Tails
Administrator
2682 Posts |
Posted - 03/28/2010 : 2:34:41 PM
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State fights for control of landfill: New Ventures claims it has no money to finish capping
Mar. 27--NEWBURYPORT -- Saying New Ventures deserves "no further chances," the state's attorney general's office has filed an emergency motion in Suffolk Superior Court requesting that the court declare that the owner and operator of the Crow Lane landfill has defaulted on its closure obligations and cannot fund or perform the remaining closure work.
The state is asking the court to allow the state Department of Environmental Protection to have immediate access to the landfill and take over the rest of the closure.
In a separate motion, the attorney general's office is also asking to allow the state Department of Environmental Protection to repair storm damage to the liner covering the Crow Lane landfill and the gas extraction wells. Lastly, the attorney general has asked that the court order New Ventures to submit revised cost estimates that fully and accurately address all tasks necessary to close the landfill and pay for post-closure maintenance of the landfill.
For six years, hundreds of neighbors have suffered from the noxious odors coming from the landfill. Now as the project reaches its final stages, the owner claims he doesn't have enough money to finish capping the landfill.
The court will hold a hearing on the emergency motions Monday afternoon at Suffolk Superior Court where the judge could rule on the motion or take it under advisement.
"It's a relief," Mayor Donna Holaday said yesterday. "I'm also very grateful to DEP and to the AG's office for taking this step knowing that they had difficulty in the last litigation. I'm pleased that this is the direction that they are going in. We need to get the landfill closed."
The mayor said she realizes there is still a fight ahead.
"New Ventures isn't just going to let this happen; they're not just going to accept this," Holaday said. "There's going to be a fight on our hands."
Holaday said she hopes the court will rule immediately to resolve the motion regarding repairing the liner. "That's a real concern; we've got to get that fixed."
New Ventures owner William Thibeault did not return a phone call yesterday.
Ward 5 City Councilor Brian Derrivan, who represents the neighborhood surrounding the landfill, said he looks forward to seeing the response from the judge and New Ventures.
"I'm encouraged that the AG's office has finally decided to back up the DEP and finally take into consideration what the people of Newburyport have had to endure over the last six years.
I'm hopeful that they'll follow through on their actions and the judge will see, based on the information reported to the AG and DEP, that New Ventures does not have the money to finish the capping of the landfill," Derrivan said.
Derrivan credited the attorney general's office and DEP for their diligent work behind the scenes over the last several months.
"It's obvious they've been working behind the scenes to try to get a resolution here, and I appreciate it," Derrivan said.
In the court documents, the state states that Thibeault has not repaired any of the damage done from the storm that hit the area at the end of February, when 1.5 acres of the liner was torn off due to the high winds, and argues that the health and welfare of the neighbors of the landfill are threatened by the exposed gas system and the risk of the release of hydrogen sulfide.
"New Ventures now claims that it does not have the funds necessary to fix the wind-damaged landfill cap and gas wells. In addition, New Ventures claims that it does not have the funds necessary to complete the remaining landfill closure work required by the Final Judgment or perform post-closure operation and maintenance of the landfill," the documents state.
The documents state that New Ventures claims that the only way it can pay to finish the work is to use the funds set aside in the financial assurance mechanism established for the landfill, a mechanism required by the solid waste regulations to assure that adequate funding is available and accessible to DEP in the event that New Ventures defaults on its closure or post-closure obligations.
"New Ventures has a long history of failing to operate the landfill in a manner that prevents the closure of the noxious hydrogen sulfide and other landfill gases -- even when the landfill was generating revenue," the court documents state. "It deserves no further chances."
Ron Klodenski, a neighbor of the landfill who has been an advocate with the city and state leaders for years, called the development "very encouraging," while commending the state, mayor and Ward 5 City Councilor Brian Derrivan for all their work to get to this point.
"It's the start of what we've been waiting for, for years," he said, noting that the court still has to grant the motion and follow an appeal period.
"It has a ways to go before it's definite, but I'm very encouraged," Klodenski said. "It's a good start." |
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Tails
Administrator
2682 Posts |
Posted - 03/28/2010 : 2:39:57 PM
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New Ventures claims it has no money to abide by their court ordered judgment?? Doesn't anyone see how this is affecting Wood Waste? Just drive by and realize he's in violation of the consent order that our local newspapers PRAISED last year. I know people are complaining and it's falling on deaf ears. Maybe it's time to get Newburyport involved again, they have contacts with media outlets.
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massdee
Moderator
5299 Posts |
Posted - 03/28/2010 : 5:52:26 PM
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quote:
Originally posted by carlost everett
Has anyone been down to see Wood Waste? I brought my mother shopping today and it was back to where it was before or worse. Boy, am I glad everyone is staying on top of this guy. Wonder what the Everett monthly payroll looks like to shut up and look the other way?
I haven't been down there in some time. Are they piling crap again down there? |
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massdee
Moderator
5299 Posts |
Posted - 03/29/2010 : 11:02:18 PM
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quote:
Originally posted by Tails
New Ventures claims it has no money to abide by their court ordered judgment?? Doesn't anyone see how this is affecting Wood Waste? Just drive by and realize he's in violation of the consent order that our local newspapers PRAISED last year. I know people are complaining and it's falling on deaf ears. Maybe it's time to get Newburyport involved again, they have contacts with media outlets.
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Come on, does anyone really believe Thibeault is broke? What a crock.... |
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massdee
Moderator
5299 Posts |
Posted - 04/02/2010 : 11:06:44 PM
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Friday, April 2, 2010
Judge allows access for repairs (CORRECTION)
Got home at 4:30, there was another message saying the judge actually ruled in favor of DEP and the Attorney General on BOTH motions ...
I just got a message that the judge ruled on the first part of the motion - to allow DEP access to the Crow Lane landfill to fix the FML and gas extraction system - but not on the other motion (that New Ventures is in default of the settlement agreement and the state should step in to finish closure of the landfill).
Posted by Gillian Swart at 12:17 PM
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Tails
Administrator
2682 Posts |
Posted - 04/03/2010 : 10:26:04 PM
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Court grants motion for DEP to take over landfill closure
By Staff reports
Newburyport Current
Posted Apr 02, 2010 @ 12:42 PM
Newburyport —
A Suffolk Superior court judge has granted emergency motions filed by the state attorney general’s office to allow the Mass. Department of Environmental Protection to take over the closure of the Crow Lane landfill.
The court granted DEP and its contractors immediate access to the landfill to repair storm damage to the cap and gas extraction wells.
The court ruled landfill owner New Ventures had violated its “post-closure maintenance obligations,” and defaulted on the trust agreement.
The DEP is now authorized to “control and direct,” the use of the remaining financial assurance mechanism funds in order to perform the needed repairs and complete closure, the court said.
Judge John C. Cratsley wrote that he made the decision based on “undisputed evidence,” that a “public health hazard has been created by the recent storm which blew off the cap or cover…as well as the defendant’s unwillingness and/or inability over many weeks to make these emergency repairs.”
The judge said New Ventures has also been unwilling and/or unable to repair the broken gas extraction wells and that there have been similar delays in “post-closure maintenance obligations,” under the trust agreement in the past.
The cap liner was damaged during a Feb. 25 windstorm, and there have been problems all winter with the gas extraction system that pulls landfill gases and burns them off with a flare.
According to DEP, the cost of the repairs will be paid through the financial assurance mechanism, the $3 million bond landfill owner New Ventures posted before it began work to cap and close the site.
The money is set aside under state law to provide the state with the funds necessary for closure if the landfill owners’ efforts fall short.
New Ventures last year entered into a settlement agreement with the state following several court actions against the owner.
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massdee
Moderator
5299 Posts |
Posted - 04/03/2010 : 10:47:38 PM
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| Finally some good news for the people of Newburyport. |
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Tails
Administrator
2682 Posts |
Posted - 04/04/2010 : 6:33:08 PM
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Yes, true........and a nicely written article in today's Globe.
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This ‘tells you the evidence was there that this has been a very long, protracted, difficult process,’ said Mayor Donna D.Holaday.
NEWBURYPORT
The Boston Globe
DEP is told to take over at landfill
Crow Lane owners are faulted for delays
A Suffolk Superior Court judge issued an order on Friday allowing the Department of Environmental Protection immediate access to the Crow Lane Landfill and to take over closing the site.
In addition, Judge John C. Cratsley found the landfill’s owner, New Ventures Associates, LCC, had defaulted on the settlement reached with the state last year to address problems at the Newburyport landfill.
“I declare and so find that the defendant has violated its ‘post-closure maintenance obligations’ and ‘otherwise failed to cure any corrective action, closure or post-closure related condition,’ ’’ Cratsley wrote in his decision.
The state attorney general’s office on March 25 filed an emergency motion requesting immediate access to the landfill to perform repairs to at least 1 1/2 acres of the flexible membrane liner cap, which was damaged during the February windstorms.
Ronald Klodenski, who has lived near the site for 25 years, said the ruling is good news for residents because it will finally help control the hydrogen sulfide levels emitted from the landfill. He said that while the long legal process had left him jaded, he is “quite happy that it’s happening. It allows the DEP to perform emergency repairs. I’m happy to see the DEP take this over. It’s been a continuous problem with the delays.’’
The court decision marks the latest in about six years of litigation among New Ventures and its owner, William Thibeault, the city, and the state regarding numerous environmental and public health violations, including the landfill’s emission of hydrogen sulfide, a gas with a strong rotten-egg odor. Thibeault did not return calls for comment. New Ventures attorney Richard Nylen could not be reached for comment Friday.
“It’s probably the most frustrating thing I’ve ever had to deal with,’’ said City Councilor Brian P. Derrivan, who represents Ward 5, where the landfill is located. “This operator has pretty much done anything he wants. . . . The folks in that area have suffered long enough.’’
The decision allows the Department of Environmental Protection to use the funds the company was obligated to set aside as assurance it could afford to perform the closure and the subsequent maintenance.
“I’m very happy,’’ Mayor Donna D. Holaday said. Cratsley’s decision “tells you the evidence was there, that this has been a very long, protracted, difficult process, and that the attorney general and the DEP provided sufficient information.’’
In the settlement reached with the state last year, New Ventures was required to cap the entire landfill with a flexible membrane liner by Nov. 27, 2009; cap it with a sand and vegetation cover by May 30, 2010; and install storm water controls by June 14, 2010.
At the time, New Ventures agreed to establish a standby trust account to finance all the work required by the state. The company paid $2,975,000 into that account. In its current motion, the state contended that New Ventures underfunded the account based on the company’s own landfill closure and maintenance estimates from 2006, which put those costs at $4,478,400.
As of March 25, the balance on that account was $2,734,886. Last September, two months before the capping deadline, New Ventures informed the state it did not have the funds to complete the work, which would have left the landfill exposed over the winter months, increasing the likelihood that hydrogen sulfide would continue to be released.
State officials were forced to tap into the trust to pay vendors to install the liner cap, gas extraction wells, and create a storm water control basin. The work was completed in December.
But the Feb. 26 windstorm damaged the gas extraction wells and about 1 1/2 acres of the liner cap.
According to the court motion, New Ventures made temporary fixes the day the damage was discovered, but has done no permanent repairs. As a result, the Department of Environmental Protection sent New Ventures notices on March 3 and March 5 stating it would exercise its authority under the agreement to use funds from the trust and to access the landfill to perform the necessary repairs.
In a letter dated March 5, New Ventures denied the state agency access to the site, and said it had requested a timetable from the cap’s installer to schedule a repair. The Department of Environmental Protection responded by letter March 10, notifying New Ventures it also had to replace the damaged gas extraction wells “without delay.’’
“As of the date of this motion, New Ventures has not replaced or repaired the missing and damaged [liner cap] and has taken no action to replace or repair the damaged gas wells,’’ states the March 25 motion signed by Assistant Attorney General Matthew C. Ireland.
“All of the requested relief is in the public interest because it addresses and remedies a threat to the public health and welfare.’’
“I talked to people who live near there and they said it’s about time. They’ve been through hell,’’ said City Council president Thomas F. O’Brien. “I’ve gone down there and the smell is unbearable. . . . We just want it to end.’’ |
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New Ventures/Crow lane landfill
