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Court4Fred
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1201 Posts |
 Posted - 10/31/2007 : 8:44:27 PM
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Notices of Noncompliance with the Preliminary Injunction - Updated August 2, 2007
On July 25, 2007 the MassDEP responded to and denied New Ventures July 16, 2007 request to resume the receipt and placement of Construction and Demolition Fines and Residuals as shaping and grading material at the landfill.
July 25, 2007 MassDEP Denial of New Ventures' Request to Resume C&D Placement
MS Word 45 KB | PDF 45 KB
On July 4, 2007 the MassDEP issued a Notice of Noncompliance to New Ventures pursuant to paragraph (9) of the preliminary injunction entered on October 20, 2006 in Suffolk Superior Court, Civil Action No. 06-0790 C, as amended by order of the Court on November 1, 2006 and February 22, 2007 (the "Order") with regards to activities occurring at the Crow Lane Landfill (the "Landfill") in Newburyport, Massachusetts. The Notice of Noncompliance notified New Ventures that it is in noncompliance with one or more provisions of the Order and that New Ventures shall not resume the receipt and placement of C&D Fines and Residuals at the landfill until MassDEP approves the resumption in writing. New Ventures responded to the Notice of Noncompliance in correspondence dated July 16, 2007. In addition, included below are Notices of Odor Nuisance Conditions issued by the MassDEP to New Ventures on June 8, June 15, and June 20, 2007.
July 16, 2007 New Ventures Response to MassDEP's July 4, 2007 Notice of Noncompliance
MS Word 45 KB | PDF 45 KB
July 4, 2007 MassDEP Notice of Noncompliance
MS Word 125 KB | PDF 140 KB
June 21, 2007 MassDEP Response to New Ventures' Proposed Odor Control Measures
MS Word 55 KB | PDF 60 KB
June 20, 2007 Notice of Odor Nuisance Conditions
MS Word 60 KB | PDF 50 KB
June 15, 2007 Notice of Odor Nuisance Conditions
MS Word 45 KB | PDF 40 KB
June 8, 2007 Notice of Odor Nuisance Conditions
PDF 250 KB
Notice of Responsibility and Response Action
On July 2, 2007, the MassDEP issued a Notice of Responsibility and Notice of Response Action (NORA) to New Ventures Associates, LLC and Mr. William Thibeault (individually) directing them to undertake response actions at the Crow Lane Landfill to control and mitigate the continuing release of landfill gas from the site. The NORA requires that New Ventures and Mr. Thibeault respond in writing to the MassDEP by July 16, 2007. The NORA provides that if their response is inadequate or incomplete, or they fail to undertake the necessary response actions in accordance with the MCP, MassDEP may perform the necessary response actions and take appropriate legal action against them, including cost recovery activities. In addition, MassDEP issued notice (Notice of Intent) to New Ventures in accordance with the Financial Assurance Mechanism and the Standby Trust Agreement for the project of the MassDEP's intent to inform the Trustee of the Standby Trust that New Ventures has failed to perform closure or corrective action activities required by the MassDEP. These are the initial steps that are required for the MassDEP to conduct response actions at the landfill. In correspondence dated July 9, 2007, New Ventures requested an extension of the deadline to respond to the NORA, which MassDEP denied on July 10, 2007. New Ventures responded to the NORA and Notice of Intent on July 16, 2007.
July 16, 2007 New Ventures Response to MassDEP's July 2, 2007 NORA
PDF 820 KB
July 16, 2007 New Ventures Response to MassDEP's July 2, 2007 Notice of Intent
MS Word 40 KB | PDF 35 KB
July 10, 2007 MassDEP Denial of New Ventures' Request to Extend the NORA Deadline
MS Word 55 KB | PDF 50 KB
July 2, 2007 Notice of Responsibility and Notice of Response Action (NORA)
MS Word 70 KB | PDF 80 KB
July 2, 2007 Notice of Intent
MS Word 45 KB | PDF 40 KB
Resumption - Placement of Construction & Demolition Material - June 11, 2007
On June 11, 2007, the MassDEP approved the resumption of the placement of Construction and Demolition Fines and Residuals at the Crow Lane Landfill as shaping and grading material.
June 11, 2007 MassDEP Approval to Resume C&D Placement
MS Word 50 KB | PDF 40 KB
June 7, 2007 MassDEP Response to New Ventures Correspondence
MS Word 55 KB | PDF 40 KB
June 7, 2007 New Ventures Correspondence Regarding C&D Placement
MS Word 50 KB | PDF 40 KB
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From The DEP: Thibeault and Crow Lane Landfill
