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tetris
Moderator
2040 Posts |
 Posted - 12/29/2008 : 12:45:22 AM
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As promised elsewhere, a new thread for the discussion of any and all issues concerning the consent order. To start it off, I'll be making two posts. This first post will contain the letter that the Mayor read at last Monday's Board of Alderman meeting, as printed in last week's Independent. The second post will be a copy of the draft consent order, also at it appeared in last week's Independent.
Mayor Carlo DeMaria is going ahead with a strict set of enforcement rules regarding Wood Waste in order to bring the company into compliance with quality of life issues that are of importance to those who do business in the area of Wood Waste as well as those who live in the area. The mayor's documents are self-explanatory and can be enforced and put into use without the consent of any city board.
Dear Honorable Members:
I have enclosed for your review a draft Enforcement Agreement between the City of Everett and Wood Waste of Boston Inc. (Wood Waste), which is intended to address the issues occurring at that site that constitute a public nuisance.
The city has received numerous complaints regarding the current operation of this business. The residents that live in direct proximity to this business, as well as those individuals that frequent other businesses and retail establishments in that area, complain about the odors and the dust that are generated by Wood Waste. The intent of this order is to regulate the manner in which Wood Waste operates to reduce and hopefully eliminate the factors that cause these public nuisances.
Specifically, this order requires Wood Waste to disperse odor-controlling agents throughout its site to reduce the odors emanating from the operation. This dispersal will be required to be conducted on a established schedule, which will enable the Everett Health Department to be present to ensure this treatment is being conducted. The Health Department also will be able to monitor the use of street sweeping equipment and water spraying to reduce the dust generated from operations at the site.
In the event that Wood Waste does not adhere to the terms and additions of this agreement, the city will place the operator on notice of any violations, which must be cured within seven (7) days. If the breach is not remedied in that time, the city will take all actions available to it under law, which include seeking injunctive relief and the imposition of financial penalties.
The agreement also includes the commitment of Wood Waste to seek approval from the Department of Environmental Protection by March 1, 2009 to build an enclosed structure at its current location.
Please note that this agreement does not address the removal of materials from the current Wood Waste site. In order to prevent any concerns about the appearance of a transfer facility on Route 99/Lower Broadway, I requested that Wood Waste remove materials from the piles via closed containers loaded at the current site. However, the closed containers that would be used in this process exceeded bridge heights on the rail line and could not be used. The counter offer from Wood Waste was to load the pile materials into trucks at the current site and load them at the Lower Broadway rail spur.
I rejected this proposal because it presented too great a potential for materials being located at an additional site in Everett, even if only on a temporary basis. Although the Department of Environmental Protection has confirmed to the city that the issue of the pile heights falls under its jurisdiction, I had hoped that the city and Wood Waste would be able to come to a mutual agreement to begin removal of these materials. Given the serious concerns that have been expressed regarding any use of the Lower Broadway site, I did not feel that it was in the best interest to pursue a removal option that did not guarantee the use of closed containers.
I respectfully request the approval of the City Council to implement this agreement. As previously stated, this agreement is intended to bring immediate relief to the abutters of Wood Waste. Execution of this agreement by the Board of Health is a critical step to making such relief a reality.
Respectfully submitted,
Carlo DeMaria, Jr
Mayor
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tetris
Moderator
2040 Posts |
Posted - 12/29/2008 : 01:29:26 AM
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A final holiday present to all, a copy of the draft consent agreement as it appeared in the Independent on December 23rd. I'd bet money that it has gone thru some changes since then though.
This agreement made this ____ day of January, 2008 by and between the City of Everett, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts and located at City Hall, 484 Broadway, Everett, Massachusetts 02149, acting by and through its Board of Health, hereinafter referred to as the “Board of Health,” and Wood Waste of Boston, Inc., a Massachusetts corporation having a usual place of business at 80-87 Boston Street, Everett, Massachusetts 02149 (hereinafter referred to as “Wood Waste”).
WHEREAS, Wood Waste operates a transfer facility (the “Facility”) in the City of Everett under license by the Department of Environmental Protection (the “Department”); and
WHEREAS, the Facility is licensed to store and process construction and demolition (“C&D”) material; and
WHEREAS, C&D material is approved by the Department as shaping and grading material for the final closure of landfills; and
WHEREAS, the Board of Health has received numerous complaints in relation to odor and dust regarding the Facility; and
WHEREAS, the material at the Facility is designated for placement at a landfill in Newburyport (the “Landfill”); and
WHEREAS, the City of Newburyport has not authorized the increased amount of C&D material to be placed at the Landfill which has resulted in the piles of C&D material remaining at the Facility for a longer period of time than intended; and
WHEREAS, there is litigation pending in Suffolk Superior Court that is intended to resolve this legal question in 2008 or in early 2009; and
WHEREAS, neither the federal government nor the Commonwealth of Massachusetts has adopted a standard for the level of H2S discharged to the atmosphere to have a negative public health impact; and
WHEREAS, the parties desire to avoid the time and expense associated with litigation.
NOW, THEREFORE, in consideration of the following mutual agreements, the parties hereto agree as follows:
1) Wood Waste will continue to disperse odor-controlling agents at the Facility to keep H2S levels below industry guidance and will maintain personnel at the site to monitor odors from 7:00 a.m. to 9:00 p.m. Wood Waste will spray the piles daily and the piles will be tarped to maintain dust control. The Board of Health will be provided with a schedule prior to the execution of this Agreement as to when the spraying will be conducted. Odor misting machines will be set up on the perimeter and will be disbursed as necessary in addition to the daily scheduled spraying. Street sweeping and water truck spraying will take place at least once per day and as needed to reduce dust. The Board of Health or its designee(s) are authorized to monitor the site at any given time to ensure the measures are being taken to control said odor and dust issues.
2) Wood Waste agrees to process all new C&D material coming into the Facility and to ship same out on a weekly basis so that the piles will not expand.
3) Wood Waste represents that the Department approved a site plan for construction of a new enclosed facility. Wood Waste has purchased land at 111 Boston Street (Adams Furniture) to modify its enclosed facility plans for a more environmentally friendly and efficient facility.
4) No later than March 1, 2009, Wood Waste agrees that it will submit the necessary application and plans to the Department seeking approval of the Boston Street/Route 16 Facility modifications for an enclosed facility to be constructed.
5) B.O.H. The Board of Health is authorized to monitor the piles so that it is regulated in the manner set forth above to determine compliance with this Agreement.
6) The Board of Health agrees that it will not issue any orders under the provisions of any statutory or regulatory authority provided that Wood Waste is in compliance with this Agreement in relation to odor and dust issues specifically enumerated in this Agreement.
7) Prior to taking any steps to enforce this Agreement, the parties agree that they will give the alleged breaching party at least seven (7) days notice to cure said breach. If the breach continues, the Board may exercise its enforcement discretion and seek penalties in the Middlesex Superior Court up to the fullest extent of the law.
8) This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, and the parties hereto submit to the jurisdiction of its courts for the adjudication of disputes arising out of this Agreement.
9) This Agreement may be executed in one or more counterparts, each of which shall constitute an original.
Signed as of the date and year above first written.
CITY OF EVERETT WOOD WASTE OF BOSTON, INC.
BOARD OF HEALTH |
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massdee
Moderator
5299 Posts |
Posted - 12/29/2008 : 08:29:44 AM
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I realize this is only a draft of the Enforcement Order, but I would assume that this is more or less what the Order will look like, or the Administration would not have released it to the general public.
What about the existing piles? This only addresses new debris coming in. Shouldn't Wood Waste be ordered to reduce the height of it's existing piles to 12 feet, as ordered by the DEP?
This agreement is only asking for a plan to build an enclosed facility by March 1, 2009. Where are the beginning and end dates for construction?
#7, What is the fullest extent of the law? Where are the fines and amounts? Where is a Cease and Desist Order as a penalty for non-compliance? Where is the language that Wood Waste would not appeal any of the actions the city might need to take against Wood Waste to bring them into compliance?
It is my opinion, that this draft is a start but should not be anywhere near completion until stronger language is added.
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Edited by - massdee on 12/29/2008 08:40:36 AM |
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Political Hack
Member
11 Posts |
Posted - 12/29/2008 : 5:49:13 PM
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Woodwaste has had far to many chances, it's time to end the bull.
Political Hack |
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Tails
Administrator
2682 Posts |
Posted - 12/29/2008 : 6:02:18 PM
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| I could not agree more, Hack. This all comes at a time when Mr. Thibeault's feet are going to be held to the fire so now, he can go to court and show the judge this "consent order" and that will help his case. He's using the city of Everett and using our newspapers for his propaganda. Dont tell me he's not using city services too because NO WAY he wrote those articles. The more I read them, it is blatantly obvious where that propaganda came from. |
Edited by - Tails on 12/29/2008 6:09:30 PM |
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massdee
Moderator
5299 Posts |
Posted - 12/29/2008 : 7:07:55 PM
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| Tails, I "blatantly" agree with you and Political Hack! |
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tetris
Moderator
2040 Posts |
Posted - 01/07/2009 : 7:32:02 PM
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Finally, some comments on the draft consent order. Not having a lot of exposure to consent orders in the past, I was surprised by the relative shortness of this document. Hopefully, it contains everything that needs to be in it.
I think that it is interesting that the document actually does give the city some authority over the piles and their height by not allowing them to expand. Of course, that can only apply to piles that are located in Everett since the agreement is with our Board of Health.
I'm not sure why there is not a provision in the agreement to prevent grinding of the C&D material until the piles are gone or the enclosed facility is built and approved for usage. Since Wood Waste claims that they are currently not grinding, why not just formalize that practice?
I have a major disagreement with the following provision of the consent agreement:
The Board of Health agrees that it will not issue any orders under the provisions of any statutory or regulatory authority provided that Wood Waste is in compliance with this Agreement in relation to odor and dust issues specifically enumerated in this Agreement.
The DEP has told us that the Board of Health has broad authority over this situation. Although I have had a tough time trying to figure out exactly what these authorities are (believe me, I've looked), it would seem to me that it is a mistake to give up these broad authorities and only be able to deal with other issues at Wood Waste if dust and/or odor measures in this agreement are also violated.
I'm not sure that I agree with the time period that is allowed for the correction of alleged breaches of the agreement; to me the term "at least seven days notice to cure said breach" seems to be pretty open ended. Why no upper limit? It wouldn't seem that any of the points of the agreement would take seven days to correct either as they would seem to be pretty much under Wood Waste's full control.
I thought that some of the suggestions that for additions to this agreement were pretty good but I'll wait to see if any of them makes it to the final agreement before I comment on them any further. |
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massdee
Moderator
5299 Posts |
Posted - 01/07/2009 : 7:56:15 PM
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| I hope the paper prints the final draft of the Consent Order. I would like to see if there are any additions to the original. I am willing to bet RVC and Chuck gave the mayor some suggestions. |
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massdee
Moderator
5299 Posts |
Posted - 01/08/2009 : 08:59:16 AM
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The Independent 01/07/09
Wood Waste redux
It appears as though the mayor's diplomacy has led to a consent decree with Woodwaste, which is a fait accompli on this issue.
With Woodwaste now legally bound to reduce the odor emanating from it's site as well as to contain ashes blowing in the wind, local residents living near to the site who have been impacted by it, can breath a sigh of relief.
City hall does listen - and at times it does act. |
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Tails
Administrator
2682 Posts |
Posted - 01/08/2009 : 09:10:13 AM
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They didn't print a copy of the order. There was supposed to be language changes and stricter dates and fines. I don't get it. If the papers had this information, how can they say that, without seeing and publishing the order itself?
"blatantly, gone are the days" |
Edited by - Tails on 01/08/2009 09:11:11 AM |
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Cam
Member
82 Posts |
Posted - 01/08/2009 : 12:25:07 PM
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| If I was a betting man I would say there was very little change from what we all read in the paper. |
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tetris
Moderator
2040 Posts |
Posted - 01/08/2009 : 12:25:25 PM
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From dictionary.com
fait accompli
French. an accomplished fact; a thing already done: The enemy's defeat was a fait accompli long before the formal surrender.
Although I can read the definition that I just posted, I've always seen the term "fait accompli" used as it is in the sample sentence, i.e., something that is destined to happen but hasn't actually happened yet.
Although, I have no actual knowledge of the truth, I doubt that the consent agreement has been put into place yet; but, we can be sure that some version of it will be at some point. Mayor DeMaria has stated from Day 1 that he wants to have the City Council behind the consent agreement if he can get their support. I'm sure that he'd rather not be out on an island by himself if he doesn't have to be. He'd be going back on his word and that wouldn't be a good thing in an election year. I don't see any political upside to going ahead with it without at least attempting to get their support. I don't see any downside to attempting to get approval. If he gets it, he's a consensus builder; if not, he's brave enough to take a stand on this own if no one is willing to back him up. I can't believe that the Mayor wouldn't wait until next Monday's Board of Alderman meeting at least to determine which way the wind is blowing on the issue before going ahead with it on his own.
I may be wrong and certainly have been before. Maybe when next Monday's BOA agenda gets posted later today, we'll have a better idea. |
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massdee
Moderator
5299 Posts |
Posted - 03/10/2009 : 11:33:06 AM
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Has anyone been able to obtain a copy of the Consent Agreement that was signed yesterday?
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 03/10/2009 : 2:05:21 PM
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With much effort and a lot of help from my friends, I have a copy of the consent agreement and it can be found at the link below:
You must be logged in to see this link.
If you've never used Megaupload before, enter the four character code and click on download file. Unless you're a member, you'll have to wait 45 seconds and then click on regular download. When the download is complete, it should automatically open an Adobe window. If you want a copy of the document to keep, you'll have to save one from Adobe. I would have loaded the document on Rapidshare as I have before but I was experiencing some technical difficulties. This is just as easy except for the wait time.
Or if you would rather just have the text of the document, you can wait a few minutes and I'll post it here in this thread, followed by a detailed comparison between the original draft posted in this thread and the executed document. |
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tetris
Moderator
2040 Posts |
Posted - 03/10/2009 : 2:10:00 PM
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As promised:
CITY OF EVERETT BOARD OF HEALTH
AND
WOOD WASTE OF BOSTON, INC.
AGREEMENT
This agreement made this ____ day of March, 2009 by and between the City of Everett, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts and located at 484 Broadway, Everett, Massachusetts 02149, acting by and through its Board of Health, hereinafter referred to as the “Board of Health,” and Wood Waste of Boston, Inc., a Massachusetts corporation having a usual place of business at 80-87 Boston Street, Everett, Massachusetts 02149 (hereinafter referred to as “Wood Waste”).
WHEREAS, Wood Waste operates a transfer facility (the “Facility”) in the City of Everett regulated by the Department of Environmental Protection (the “Department”); by agreement dated October 21, 2002 and a site assignment by the Board of Health on July 2000; and
WHEREAS, the Facility is licensed to store and process construction and demolition (“C&D”) material; and
WHEREAS, C&D material is approved by the Department as shaping and grading material for the final closure of landfills; and
WHEREAS, the Board of Health has received numerous complaints beginning when the piles exceed the twelve foot requirement in relation to odor and dust emanating the Facility; and
WHEREAS, the material at the Facility is designated for placement at a landfill in Newburyport (the “Landfill”); and
WHEREAS, the City of Newburyport has not authorized the increased amount of C&D material to be placed at the Landfill which has resulted in the piles of C&D material remaining at the Facility for a longer period of time than intended; and
WHEREAS, there is litigation pending in Suffolk Superior Court that is intended to resolve the question of the placement of the materials located at Wood Waste at the Landfill; and
WHEREAS, the parties desire to avoid the time and expense associated with litigation.
NOW, THEREFORE, in consideration of the following mutual agreements, the parties hereto agree as follows:
1) Wood Waste will continue to disperse odor-controlling agents at the Facility to keep H2S levels below industry guidance and will maintain personnel at the site to monitor odors from 7:00 a.m. to 9:00 p.m. Wood Waste will spray the piles daily to maintain dust control. The Board of Health will be provided with a schedule prior to the execution of this Agreement as to when the spraying will be conducted. Odor misting machines will be set up on the perimeter and will be disbursed as necessary in addition to the daily scheduled spraying. Street sweeping and water truck spraying will take place at least once per day and as needed to reduce dust. The Board of Health or its designee(s) are authorized to monitor the site at any given time to ensure the measures are being taken to control said odor and dust issues.
2) Wood Waste also agrees to monitor the air quality at the facility daily and will inform the Board of Health as to when the air quality monitoring is to be conducted. The Board of Health is authorized to be present at the testing.
3) Wood Waste agrees to process all new C&D material coming into the Facility and to ship same out on a weekly basis so that the piles will not expand.
4) Wood Waste agrees, upon execution of this agreement, to begin removing C & D materials, which are already on site and shall ship these C & D materials off-site so as to reduce the pile heights to twelve feet at a rate of no less than fifty (50) tons per week. Copies of the receipts of tonnage will be provided to the City each week.
5) Wood Waste and the City agree that at the conclusion of eight weeks, the parties will meet to discuss if fifty (50) tons per week will be increased. At no time will the minimum tonnage fall below fifty (50) tons per week.
6) Wood Waste agrees to comply with an agreement the Department regarding removing the piles if the agreement with the Department requires an amount of tonnage that exceeds the amount of tonnage per week in this agreement.
7) Wood Waste represents that the Department approved a site plan for construction of a new enclosed facility at the current Wood Waste site. Wood Waste has purchased land at 111 Boston Street (Adams Furniture) to modify its enclosed facility plans for a more environmentally friendly and efficient facility.
8) No later than March 13, 2009, Wood Waste agrees that it will submit the necessary plans of the new facility apply to the City for required approvals of the Boston Street/Route 16 Facility modifications for an enclosed facility to be constructed.
9) Upon receipt of approvals or recommended changes or conditions from the City, Wood Waste will submit the required applications and documents within (10) days to the Department.
10) The Board of Health is authorized to monitor the piles so that it is regulated in the manner set forth above to determine compliance with this Agreement.
11) The Board of Health agrees that it will not issue any orders under the provisions of any statutory or regulatory authority provided that Wood Waste is in compliance with this Agreement in relation to odor and dust issues specifically enumerated in this Agreement.
12) Prior to taking any steps to enforce this Agreement, the parties agree that they will give the alleged breaching party at least seven (7) days notice to cure said breach. If the breach continues, the Board, acting through the City Solicitor, may exercise its enforcement discretion and seek penalties in the Middlesex Superior Court up to the fullest extent of the law.
13) This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and ordinances of the City of Everett and the parties hereto submit to the jurisdiction of the Massachusetts courts for the adjudication of disputes arising out of this Agreement.
14) This agreement will terminate and shall be effective until a) the piles on the current Wood Waste facility are not exceeding twelve feet in height and b) the final applications and plans for the enclosed facility are submitted to the Department.
15) This Agreement may be executed in one or more counterparts, each of which shall constitute an original.
Signed on this ____ day of ____ 2009.
CITY OF EVERETT WOOD WASTE OF BOSTON, INC.
BOARD OF HEALTH
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Edited by - tetris on 03/10/2009 2:13:27 PM |
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tetris
Moderator
2040 Posts |
Posted - 03/10/2009 : 2:24:06 PM
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Here's the detailed comparison of the original draft of the agreement to the executed agreement.
This agreement....
- Replaced "January 2008" with "March 2009"
- Deleted "City Hall,"
WHEREAS, Wood Waste....
- Replaced "under license" with "regulated"
- Added at the end "by agreement dated October 21, 2002 and a site assignment by the Board of Health on July 2000;"
WHEREAS, the Board....
- Added "beginning when the piles exceed the twelve foot requirement" between "complaints" and "in"
- Replaced "regarding" with "emanating"
WHEREAS, there is litigation....
- Replaced "this legal question in 2008 or in early 2009" with "the question of the placement of the materials located at Wood Waste at the Landfill"
WHEREAS, neither the federal government nor the Commonwealth of Massachusetts has adopted a standard for the level of H2S discharged to the atmosphere to have a negative public health impact; and
- Deleted in its in entirety
1)
- Deleted "and the piles will be tarped" .
2)
- Now 3); no other changes
3)
- Now 7)
- Added "at the current Wood Waste site" at the end of the first sentence
4)
- Now 8)
- Replaced "March 1" with "March 13"
- Replaced "application and plans to the Department seeking approval" with "plans of the new facility apply to the City for required approvals"
5)
- Now 10)
- Deleted "B.O.H."
6)
- Now 11); no other changes
7)
- Now 12)
- Added ", acting through the City Solicitor, " between "Board" and "may"
8)
- Now 13)
- Added "and ordinances of the City of Everett" between "Massachusetts" (comma deleted) and "and".
- Changed "its" to "the Massachusetts"
9)
- Now 15); no other changes
The "Signed on" line was changed.
Sections 2, 4, 5, 6, 9 and 14 of the executed document are new |
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Consent Order
