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tetris
Moderator
2040 Posts |
Posted - 06/24/2008 : 5:16:53 PM
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I wonder exactly what this means:
"It was also mentioned that the landfill owner has a pending preliminary injunction for his Everett facility, and that this injunction would be involved in the negotiations."
If I had to hazard a guess, I would asssume that it means he needs to start hauling stuff out of Wood Waste or he could get shut down. Just idle speculation though.
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massdee
Moderator
5299 Posts |
Posted - 06/24/2008 : 7:14:17 PM
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| Gee, Attorney Rossi didn't mention anything about a pending injunction for Wood Waste when he was speaking at the BOA meeting last night. It seems like another instance where we, the resident's and the city council, are not being completely informed. |
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massdee
Moderator
5299 Posts |
Posted - 06/25/2008 : 10:46:57 AM
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Secrecy lifted from landfill case Newburyport included in deal to close landfill
By Stephen Tait
Staff Writer
NEWBURYPORT — The Crow Lane landfill case is heading for litigation after a hearing yesterday ended a potential settlement of the issue — a move that means the city must spend more taxpayer money on legal fees.
New Ventures, the landfill's owner; the state Department of Environmental Protection and the state attorney general have been in negotiations for months to develop a settlement regarding the capping and closing of the embattled dump, which for years has been the source of rotten-egg smells that have caused nausea and other health problems in nearby neighborhoods.
Those negotiations were kept private, even from city officials.
But the negotiations broke down in recent weeks when the City Council rejected a plan from New Ventures requesting the city open the Host Community Agreement to allow more trucks into the landfill to dump more material in an effort to close it by year's end.
In exchange, the city would have been relieved of certain potential lawsuits.
But after a hearing at Suffolk Superior Court in Boston yesterday, the city was included in the case, Mayor John Moak said. The mayor said he is expecting to pay even more in legal fees to fight on the city's behalf.
"It is another lawsuit. It is another action that we have to go through," Moak said. "It may be good because we can present our case to the judges. But anytime we are involved in another lawsuit, it gives my pocketbook palpitations."
Moak, who did not attend the hearing, said it is unclear how the city will be included in the case since he has yet to see the relevant documents from New Ventures. A city attorney did attend the hearing.
"We're in a hold right now until we see how they are involving us in this case, but we will be active in this case now," the mayor said, adding that once he reads the documents sometime today, "then I will know everything about it that I ever wanted to know."
Ron Klodenski, a member of the active ad hoc landfill committee and a neighbor of the dump, said though he doesn't know the specific legal ramifications of the city being included in the case, he is hopeful about its new role in the litigation.
"At least now we are able to make sure the DEP doesn't negotiate away our health and safety," he said. "Well, it doesn't prevent them from doing it, but at least we'll know about it and we'll have a say.
"I think it is a good thing."
For nearly a half decade, the neighbors of the landfill have been plagued by the smells of rotten eggs and burnt matches produced from the decomposing gypsum at the site. The smells have caused headaches, bloody noses, watering eyes and ruined summer days for the neighbors, who often argue passionately against New Ventures.
State and local officials have fought New Ventures about the management of the landfill, a fight that has included many fines and shutdowns of the site.
New Ventures, which purchased the landfill in 2000 to cap it and close it, is seeking to bring in more debris, which is how the company makes money. It also argues that the city is liable for at least portions of the capping costs since it dumped material such as treated sewage there in decades past.
The next hearing is scheduled for July 14.
Klodenski said he doesn't see an end to the saga coming anytime soon.
"The impression I got was that this was going to drag on for a lot longer," he said.
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Tails
Administrator
2682 Posts |
 Posted - 06/25/2008 : 11:30:47 AM
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It is not fair that the City of Newburyport has to worry about legal fees to do the right thing when Thibeault will just sit back and has the money to tie it up in court until HE gets what HE wants. What about the suffering taxpayers that he doesn't give a damn about and now we have to help him?? Imagine being responsible for plaguing other human beings with bloody noses, headaches, burned eyes and can not open their windows on a nice summer day. What worries me about this situation in Everett is the fact that Mayor DeMaria is quick to defend Thibeault and blame gypsum, but never once admitted Thibeault's failures at Wood Waste and New Ventures and the effects Thibeault is causing to people in Everett and Newburyport.
When the Mayor of Newburyport reads those documents, I wonder if Wood Waste's Preliminary Injunction in Everett (that was not mentioned to the BOA on Monday) ......is mentioned, and becomes public information. |
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massdee
Moderator
5299 Posts |
Posted - 06/26/2008 : 08:08:29 AM
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When Newburyport and Mr Thibeault were in court last Tuesday, June 24, 2008, the following was said in court:
"It was also mentioned that the landfill owner has a pending preliminary injunction for his Everett facility, and that this injunction would be involved in the negotiations."
I have spent quite a while trying to research this pending injunction and can't seem to find anything. Can anyone shed some light on this? I think it would have been prudent of Attorney Rossi to have addressed this last Monday at the BOA meeting when he was giving his Wood Waste update.
Two weeks ago, Attorney Rossi told the BOA that Newburyport would allow the increased trucking and if they didn't the state would overturn their ruling. Newburyport did not allow the increased trucking. Time will tell on this. Since the next court date isn't until July 14th, I sincerely hope Wood Waste begins trucking their waste out of Everett before that date. I could be wrong, but that was the impression I received from listening to Attorney Rossi the other night.
Any information on the impending injunction would be appreciated. Thanks. |
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outoftowner
Member
24 Posts |
Posted - 06/26/2008 : 09:15:19 AM
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Here is a guess about the preliminary injunction supposedly mentioned in court the other day. In 2006 when the MA dept of env protection (DEP) promised the people of Newburyport that they finally had the landfill under tight control, they did it by issuing a preliminary injunction that the DEP and Thibeault signed. (As everyone knows now, the preliminary injunction did almost nothing to control the mess. It just go worse.)
The DEP is probably trying to use the same kind of preliminary injunction to control Wood Waste in Everett, and the details of this injunction are what the DEP and Thibeault are arguing about now in secret. I think they both must sign the injunction for it to have any effect.
If they do sign this preliminary injunction, they will say you now have nothing to worry about. But the people of Everett can expect the same protection the people of Newburyport got from their preliminary injunction. Zero.
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outoftowner
Member
24 Posts |
Posted - 06/26/2008 : 09:31:38 AM
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The preliminary injunction for the Newburyport landfill from 2006.
You must be logged in to see this link.
Attorney General to Newburyport residents about the power of the preliminary injunction at the time- "If they step out of line just once, we have them."
Much more information about this preliminary injunction and other DEP machinations, including many many amendments, violations, notices, etc., etc., after the injunction was signed
You must be logged in to see this link.
Quite a waste of our tax money, I'd say. Maybe Everett will have better luck than Newburyport. (Right!)
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massdee
Moderator
5299 Posts |
Posted - 06/26/2008 : 09:58:27 AM
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outoftowner,
Thank you for your input. I hope the residents of Everett are beginning to understand the ramifications of dealing with a person like Mr Thibeault by seeing what Newburyport has had to endure by this person and his various companies. Everett and Newburyport are dealing with two different issues, us a transfer station and Newburyport a landfill. Although the issues are different, we are both dealing with the arrogance and non-compliance from Mr Thibeault. It appears, even when he gives his word, that he doesn't follow through and does whatever he damn well pleases. One can only hope our city council will step up like the Newburyport council did with their vote to not allow the increased trucking. |
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Tails
Administrator
2682 Posts |
Posted - 06/26/2008 : 10:24:59 AM
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After what I saw/smelled at Wood Waste, we too have a dump. Trash, litter, debris just thrown all over the place. Again, Attorney Rossi said they tried to something for the odor control but as of yesterday, there has not been any difference. I don’t trust him either and do not feel he is being completely honest.
I’m still looking for the preliminary injunction for Wood Waste of Boston and while looking for that, I found many concerning Crow Lane landfill.
It was also mentioned by someone (I cant remember who) that Attorney Rossi has neglected to mention a law suit against Wood Waste filed in May 2008....but I cant find that lawsuit/injunction or…… which court house it would have been filed in for Wood Waste. I would assume Middlesex Superior or Cambridge Court since Wood Waste is located in Everett.
If these things are true, I do not feel Attorney Rossi was being completely honest with people concerning the updates and would question what he says. He already stated if Newburyport did not open the landfill, the state would over turn it. That did not happen so I certainly would not trust his word concerning lower Broadway.
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massdee
Moderator
5299 Posts |
Posted - 06/29/2008 : 9:02:15 PM
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| I haven't been online for a few days, anything new going on with this? |
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Tails
Administrator
2682 Posts |
Posted - 07/01/2008 : 09:57:29 AM
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I do not think we will hear anything more with our city council out of session for the summer and Newburyport's next hearing is scheduled for July 14th. I "think" the July 14th hearing would take place at Suffolk Superior Court in Boston. I'm sure once any decisions are made you can find them here. This link has been a great source for up to date information.
You must be logged in to see this link. |
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Tails
Administrator
2682 Posts |
Posted - 07/01/2008 : 10:08:05 AM
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| There still isn't any change as far as odor goes on Boston Street. It may take time, I'm not sure, but it does not "appear" that any waste has been removed from the site either. |
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outoftowner
Member
24 Posts |
Posted - 07/01/2008 : 8:57:54 PM
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It might be a good thing if some Everett citizens showed up at the July 14 Superior Court session to hear first-hand what goes on. As reported earlier, the discussions supposedly involve a pending preliminary injunction for Wood Waste in Everett.
The session will be held in the Suffolk Superior Court building on near the State House in Boston. I will post more detailed information about the time, etc., when I find out. |
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Tails
Administrator
2682 Posts |
Posted - 07/05/2008 : 10:40:45 AM
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So…… it appears Newburyport gets "served" before the July 14th hearing?? That wouldn’t be for some type of persuasion on what Newburyport decides to do on July 14th?? Why on earth would he do that knowing there is a hearing coming up and this man is being jammed down our throats by this administration?? Everett is in for very bumpy roads ahead and not one person can say they were not warned.
Friday, July 4, 2008
Quick landfill note
As Tom Salemi notes, Mary Eaton has scooped everyone by reporting that the landfill owner has "served" the mayor and the City Council.
For example I waited for the Newburyport Daily News to report today that, from what I understand, our mayor and the Newburyport City Council got “served” by the landfill owner. Huge story. Huge, huge story. Not in today’s Daily News, that I can find. So if you might not have heard about that possibility, you have now.
I saw a print edition of the Daily News today, and I checked the online edition, and there is nothing in there ...
You must be logged in to see this link. |
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Tails
Administrator
2682 Posts |
Posted - 07/07/2008 : 09:41:38 AM
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Published: July 07, 2008 12:24 am
Councilors called to court over landfill
By Katie Curley
Staff Writer
NEWBURYPORT — The entire City Council and Mayor John Moak have been summoned to court by New Ventures, the company that owns the landfill.
City Council President James Shanley confirmed that all councilors as well as the mayor will be issued summonses in the next few days. The request was made by New Ventures LLC relating to the company's assertion that the city holds some liability over the landfill, which has been deemed a contaminated site by the state, for materials dumped at the site prior to when New Ventures took over.
"I came home (Thursday) and had the note on my door," Shanley said. "Its not that big of a surprise."
The summonses come on the heels of a court decision earlier this month that brought the city to the negotiating table with the state and landfill operator. Prior to that decision, the state DEP was the sole negotiator with New Ventures on an agreement.
Negotiations to cap the landfill, which emits sulfur fumes that have plagued neighbors for years, broke down in recent weeks when the City Council rejected the most recent proposal from New Ventures. The company requested the city open the Host Community Agreement to allow more trucks into the landfill to dump more material in an effort to close it by year's end.
The council felt New Ventures did not offer the city enough incentives to accept the agreement. New Ventures makes money by dumping material at the site.
Moak said yesterday he was speaking with the city's lawyer, Mark Rich, and planned to speak more in depth with him in the next few days.
"It is what we were expecting and heard they would do," Mayor John Moak said. "Its really the lawyer's time now."
The next hearing is July 14, but Moak said the current summons likely wouldn't involve specific bargaining for a settlement.
"It is only to argue point of law," Moak said, "not anything about whether or not to give them 'x' number of feet etc."
The DEP changed the classification of the dump to a "21E" contaminated site rather than a solid waste landfill, which means hazardous materials are included in the landfill and there is a potential that all those entities that have dumped there must help pay for the closure costs.
Massachusetts General Law Chapter 21E is known as "Massachusetts Oil and Hazardous Material Release Prevention Act" and deals with the investigation of source, regulations regarding the material and the hazard the materials pose to the public.
New Ventures; the DEP and the state attorney general have been in negotiations for months to develop a settlement regarding the capping and closing of the embattled dump, which for years has been the source of rotten-egg smells that have caused nausea and other health problems in nearby neighborhoods. |
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Wood Waste
