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massdee
Moderator


5299 Posts

Posted - 04/30/2008 :  3:51:38 PM  Show Profile Send massdee a Private Message  Reply with Quote
I just read the following.

NEW ENGLAND IN BRIEF
EVERETT
EPA may fine firm for alleged violations
An Everett-based construction and demolition recycling company is facing a fine of up to $157,500 for allegedly violating the federal Clean Water Act. The Environmental Protection Agency said Wood Waste of Boston has been discharging storm water from industrial activities without a permit into Island End River, which feeds into the Mystic River. The EPA also alleges Wood Waste has not created a plan to prevent storm water pollution , a violation of the Clean Water Act. Officials from Wood Waste of Boston did not return telephone calls seeking comment.

massdee
Moderator



5299 Posts

Posted - 04/30/2008 :  3:57:41 PM  Show Profile Send massdee a Private Message  Reply with Quote
I am assuming the previous post is in answer to the following post, since Wood Waste did not come into compliance.

This is from August, 2006.


Massachusetts recycling facility to prevent polluting watershed

Wood Waste of Boston, an Everett, Massachusetts construction and demolition debris recycling facility, is facing a fine of up to $157,500 and is required to take actions to prevent pollution from entering the Mystic River watershed.

The United States Environmental Protection Agency (EPA) complaint against Wood Waste alleges that the Everett facility violated the federal Clean Water Act by discharging storm water from industrial activities on its site to the Island End River without a permit, and for failing to prepare a storm water pollution prevention plan.

EPA also issued a compliance order to the facility. EPA’s order requires Wood Waste to apply for a storm water permit and to develop a storm water pollution prevention plan. The company will also be required to do periodic monitoring of storm water discharges from the site and to submit reports to EPA.

Storm water discharged from the Wood Waste facility flows into the Island End River, a tributary of the Mystic River.
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Tails
Administrator



2682 Posts

Posted - 04/30/2008 :  9:41:00 PM  Show Profile Send Tails a Private Message  Reply with Quote
Here is the offical document filed by the EPA

You must be logged in to see this link.

This link here is a complete joke because Thibeault wanted the entire complaint dismissed because the EPA did not have the number of days correct. They amended the first motion and Thibeault’s request was denied. The audacity of this man is sickening.

You must be logged in to see this link.

This one...you will see the numerous violations.

You must be logged in to see this link.

ANYONE that helps this man or does business with this man is just as guilty as he is for the sickness that has been caused in Newburyport, their children’s nosebleeds…all the gross stench they have had to endure…cancelled barbecues and on and on…and Newburyport still has a cease and desist order. Instead of doing something about peoples suffering he calls the health inspector swearing at him and threatening to hold things up in court because he has the money to do so and he shuts off odor control out of SPITE. Not caring about the suffering residents and the kids. There is no defense for this man and we should not have to deal with this. We have been well warned of the type of person he is and the day Mayor DeMaria does not get re-elected, the damage will already be done and he will thumb his nose to the city and do what he wants and we will suffer. That is a guarantee.

Edited by - Tails on 04/30/2008 9:45:34 PM
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outoftowner
Member



24 Posts

Posted - 04/30/2008 :  10:06:25 PM  Show Profile Send outoftowner a Private Message  Reply with Quote
You need to get media attention on this company and its record right away. The local politicians probably have little interest in protecting you from him, and are probably unaware of what can happen. State agencies, like DEP, are ineffective and mostly unwilling to act unless there are gross violations of state law.

Take it from the folks in Newburyport, there's no way to control this guy after he gets approval to go ahead. He does what he wants and if he gets caught, he hires an expensive legal team to prevent prosecution.
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massdee
Moderator



5299 Posts

Posted - 04/30/2008 :  10:45:14 PM  Show Profile Send massdee a Private Message  Reply with Quote
I received the following message tonight from a Newburyport resident. I have this person's permission to share it with you.


Is there any way we (in Newburyport) can help you?

His company has a terrible reputation here. If you haven't already done so, Google search "new ventures" and "newburyport." ("New Ventures" is the company name he uses for the landfill project here.)

Whatever you do, do *not* expect the Mass. DEP to protect your interests. They sold us out many many times before we learned. They have a conflict of interest and want Mr. Thibeault to succeed because he helps them get rid of waste. When you ask them to enforce their own regulations, they're "too understaffed" or they're "in litigation." Our local health dept. director has done 10 times more than DEP in helping keep this guy in line.

One other thing... His usual procedure is to ignore the rules when they get in the way and then spend lots of money on lawyers to make it difficult to prosecute or get any sanctions against him for violations. So, no agreement is worth anything unless you're willing to spend years and many dollars in court. The only defense, I think, is to not let him in the door in the first place.

Wish Newburyport leaders had known that when he first appeared here in 2001. We could spend hours recounting the horrors of dealing with the company, DEP and the Mass Attorney General.

At the moment, we await the details of another new "agreement" between the attorney general and Thibeault's company. (The DEP and AG refused to let the city participate in the agreement until after it is finalized.) Every time he violates his agreements with DEP and the AG, they simply negotiate a new one and let him off the hook.
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justme
Advanced Member



1428 Posts

Posted - 05/01/2008 :  07:16:03 AM  Show Profile Send justme a Private Message  Reply with Quote
Getting the news media involved might help but, until there’s more to work with than speculation, I can’t see any of the local stations being too interested. That said, by the time we have anything solid, it will more than likely be too late.

I think we’ve got a lose, lose situation here.
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outoftowner
Member



24 Posts

Posted - 05/01/2008 :  08:43:04 AM  Show Profile Send outoftowner a Private Message  Reply with Quote
Suggestion: If you haven't already, find out what local approvals he needs and start working with the various board members (health board, planning, conservation, zoning) by informing indivisual members about the company's awful record. If you can't stop him completely, you must get iron-clad enforceable rules in place. Do *not* agree to any enforcement mechanisms involving arbitration or 60-day waiting periods for him to correct problems. Newburyport spent weeks negotiating an agreement and it turned out to be completely worthless. The enforcement parts of it are a joke and he thumbs his nose at the agreement almost every day.
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Tails
Administrator



2682 Posts

Posted - 05/01/2008 :  09:03:24 AM  Show Profile Send Tails a Private Message  Reply with Quote
How can we find this information out when the Mayor has more than half of the city council snowed? They do not respond to these request and they have every excuse under the sun not to get involved. Not one of them has the go-nads to be the first one to bring it up and not one of them talks to the public about it. The very few responses are: I have not heard that....or....I'll have to talk to the mayor.....then you never hear from them again. The public is not privy to this information and we put our trust in these elected officials that are letting us down. BIG TIME.
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massdee
Moderator



5299 Posts

Posted - 05/01/2008 :  09:32:09 AM  Show Profile Send massdee a Private Message  Reply with Quote
It sounds like Newburyport's elected officials are working for their residents on their issues with Mr Thibeault. So far, we haven't been afforded with that luxury here in Everett.
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tetris
Moderator



2040 Posts

Posted - 05/01/2008 :  09:32:57 AM  Show Profile Send tetris a Private Message  Reply with Quote
My best guess is that he will have to start with the Zoning Board of Appeals. The next, and far as I can tell, the last local authority that he will have to clear would be the Board of Health.

My general take on the issue is that it is pretty much of a done deal; it would take independant boards and a lot of lawyer power to attempt to stop it. And as such, my primary concern is what constitutes an "enclosed facility"? It is the CMR that requires his operation to be enclosed. However, I couldn't find a much of a definition in the CMR of what that means. If we do get this far, what is everyone's expectation for an "enclosed facility"? And even more telling, what will we get as an "enclosed facility"?
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massdee
Moderator



5299 Posts

Posted - 05/01/2008 :  09:38:47 AM  Show Profile Send massdee a Private Message  Reply with Quote
A tarp with tires on it to hold it down, like Boston Street??????????
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Tails
Administrator



2682 Posts

Posted - 05/01/2008 :  09:39:08 AM  Show Profile Send Tails a Private Message  Reply with Quote
tetris.......we are going to get exactly what has been happening already in Everett and Newburyport, enclosed or not. Now it will be easy road access and the waters. Like the person from Newburyport said...."The only defense, I think, is to not let him in the door in the first place." Give Thibeault an inch and he will take a million miles. Stop it before it starts PERIOD

Is this the same Zoning Board of Appeals members that are appointed by the Mayor? If so, that might be something to look at down the road. I don't think they should be appointed by the Mayor, even if it's for this reason only. But that wont happen because we did not learn our lesson last year with the budget and we are not learning our lesson again because we voters vote in these elected officials that do absolutely nothing when it comes to these important issues.

Edited by - Tails on 05/01/2008 09:48:07 AM
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massdee
Moderator



5299 Posts

Posted - 05/01/2008 :  09:56:49 AM  Show Profile Send massdee a Private Message  Reply with Quote
As much as I hate to admit it, I think Tetris is correct. The city and the state needs to regulate the hell out of him and enforce the regulations with giving Thibeault absolutely no margin for getting around the regulations. Let's face it, he has a lot of money and he doesn't mind using it to tie communities up in litigations. He has had Everett tied up in litigation for several years now over the Old City Yard site. Mayor DeMaria is the first Mayor in four Administrations that has agreed to work with Thibeault. Why wouldn't McCarthy, Ragucci and Hanlon not work with Thibeault but DeMaria will? In my opinion, it has nothing to do with the revenue the city will gain. This project does have potential to effect the health and well being of Everett residents now and well into the future. We all need to try and do something about this.

For us residents, it has nothing to do with politics, it has everything to do with our quality of life.
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Tails
Administrator



2682 Posts

Posted - 05/01/2008 :  10:02:34 AM  Show Profile Send Tails a Private Message  Reply with Quote
quote:
Originally posted by massdee

Why wouldn't McCarthy, Ragucci and Hanlon not work with Thibeault but DeMaria will? In my opinion, it has nothing to do with the revenue the city will gain. This project does have potential to effect the health and well being of Everett residents now and well into the future. We all need to try and do something about this.

For us residents, it has nothing to do with politics, it has everything to do with our quality of life.



For Mayor Demaria, it has to do with a heavy campaign contribution.
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tetris
Moderator



2040 Posts

Posted - 05/01/2008 :  10:09:23 AM  Show Profile Send tetris a Private Message  Reply with Quote
Tails,

I'm no fan of Mr. Thibeault. I feel that the city blew any chance to keep him out of the community years ago when the Board of Health, with the aid (or lack thereof) of the city's legal department, rejected Mr. Thibeault's siting request for reasons that the court felt were too arbitrary. Up until now, he has been at least somewhat blocked, right or wrong, by having a mayor in office that didn't agree with his plans. Sorry, one of the reasons that I didn't vote for the current mayor is because I could see where this particular issue was headed and I didn't like it. The question is, given the current situation, how do you stop it? And the real point of my prior post was to point out that it is likely that what we would get for an "enclosed facility" probably won't be much or any better than what we have now.

Edited by - tetris on 05/01/2008 11:54:05 AM
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Tails
Administrator



2682 Posts

Posted - 05/01/2008 :  10:32:12 AM  Show Profile Send Tails a Private Message  Reply with Quote
Tetris, I understand. I voted for Mayor DeMaria in the hopes of a "New Beginning" I was snowed...but found out awful quick. I was told this would never happen and I cant believe how quick it is happening and how quite they are trying to be on it. It's deceiving... just like the new beginning was deceiving. So much for the open book and honesty.
Who ever will be responsible for this waste facility, approving it, etc...enclosed or not, are just as guilty as all Thibeault's non-compliance issues and the suffering it has caused.
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