Crow Lane Votes Tonight

The Daily News article about the votes is here.

A lot of the ugly details you want to know about Crow Lane are here at http://www.mass.gov/dep/about/region/crowlane.htm

To paraphrase from the website:

An amendment to the April 30, 2010, Final Judgment and Settlement Agreement for the closure of the Crow Lane Landfill was filed by the Attorney General's Office in Suffolk Superior Court on December 21, 2010, on behalf of the MassDEP. The amendment incorporates revisions to the landfill closure plan (the Revised Corrective Action Design) that improve and simplify construction of a portion of the landfill perimeter berm by reducing the height of the berm along Crow Lane and shortening the length of the landfill access road. The amendment includes several other provisions:

· The flexible membrane liner ("FML") cap will be extended to cover the bottom of the storm water culvert on the north side of the berm;

· Wetlands restoration and replication will occur on the south side of Crow Lane to compensate for some impact to the wetlands on the north and west side of the Landfill caused by berm design improvements [minimum of 2 to 1 replication/ restoration ratio for any lost wetlands];

· Construction protocols and deadlines are included for installation of the sand drainage layer and placement of the loam and seed on top of the synthetic cap on the landfill; and

· Final design plans must be submitted to MassDEP for the landfill storm water collection basin 1, including storm water calculations to demonstrate that it meets the design performance standards and will supply clean water to the vernal pool on City property across Crow Lane. Any final blasting that must be done for the storm water basin to meet the MassDEP approved design depth and to assure proper discharge to the vernal pool will be controlled and strictly monitored to make sure no odor problems develop.

Two of the tasks included in the amended closure plan (which I highlighted above in red) were recently brought before the Council at the request of the Mayor. The two orders were for the Council to authorize the Mayor to enter into licensing agreements to allow on City property:

1) Wetlands restoration and replication

2) a culvert under Crow Lane to get clean water to the vernal pool on City property.

The two orders were sent to the Council’s Planning and Development Committee and were brought to the Council floor tonight. Both orders were rejected by 4 yes-7 no votes.

I voted in favor for two reasons:

1) These two steps are necessary for the Landfill to be properly closed by June 30, 2011. They are necessary as part of the Final Settlement Agreement, not because New Ventures has any interest in doing them. The last thing the City and the neighbors who have suffered for so long need is for New Ventures to complain to the judge this summer that the closure hasn’t happened because Newburyport dragged it out.

2) I appreciate that the Mayor sought Council input even though she did not need it and has the authority to authorize these agreements without Council approval. The licensing agreements were improved and clarified with Council suggestions, including strengthened language about the City’s ability to approve the contractor and manage the process. In an email tonight after the Council votes, the Mayor indicated she will be going ahead and signing the agreements.

I understand Council reluctance to have anything to do with New Ventures after all the conditions NV created which have made life a living hell for the neighbors. The biggest mistake was years ago in even allowing New Ventures into the community. The best course now is for the City, DEP and New Ventures to move ahead on the final closure activities and get this chapter closed.

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: http://www.mass.gov/dep/about/region/crowlane.htm.

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 http://www.mass.gov/dep/about/region/crowlane.htm.” Electronic copies of the Motion and Brief are attached to this email.

Crow Lane Landfill Update — August 15, 2009

---------- Forwarded message ----------
From: Ruch, Susan (DEP)
Date: Sat, Aug 15, 2009 at 4:52 PM
Subject: Crow Lane Landfill Update — August 15, 2009
To: "Information, Crowlane (DEP)"

Key Date & Other Important Information:

· November 2009 — The Final Judgment entered by the Superior Court requires New Ventures (NV) to cap the Crow Land Landfill by November 2009. Among other things, New Ventures is specifically required to install the gas blanket and fabric membrane liner (FML) layer on the landfill. Installation of the FML is critical to capturing and controlling fugitive emissions from the Landfill.

· MassDEP continues to actively monitor conditions at the Landfill and in the neighborhoods, and directing the activities of our consultant, Shaw Environmental.

· MassDEP continues to closely review complaints and, whenever possible, to deploy Shaw to investigate, document and control odor problems, and to provid real-time communications to New Ventures about what we are seeing and smelling on the ground.

· MassDEP continues to explore with New Ventures what additional measures can be implemented to reduce odors during the closure.

· MassDEP is looking into discrepancies between the number of complaint reports received by MassDEP from New Ventures and the number of complaints that some citizens report (through e-mail) they have called into the answering service. MassDEP is actively investigating this discrepancy, as well as reports about the answering service, together with the Attorney General’s Office.

· 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 web site at: http://www.mass.gov/dep/about/region/crowlane.htm

Landfill Update — August 15, 2009:

· Conditions at the Landfill: Conditions at the Landfill this past week were generally good. Shaw inspects the Landfill and marks any breakouts first thing each morning and throughout the day. This week, there were fewer breakouts and these were small in size. New Ventures promptly addressed these breakouts. Since MassDEP deployed Shaw to closely monitor conditions at the Landfill and provide real-time communication to New Ventures, there has been a reduction in the number and severity of gas and leachate breakouts at the Landfill.

· Flare Problem Detected and Corrected on Thursday: As part of MassDEP’s routine inspections of the landfill gas pretreatment and flare system, Shaw observed that the flare was operating below design temperature on Thursday, August 13^th. MassDEP immediately directed New Ventures to quickly implement measures to restore the flare to the proper operating temperature.

o New Ventures took prompt action to temporarily shut down the flare. Under observation of Shaw, New Ventures inspected the flare and found that the damper control arm had come loose, resulting in improper operation of the damper. In addition, New Ventures then experienced a problem with the ignition plug.

o In addition to correcting the damper control arm and ignition plug problems, New Ventures took the opportunity of the flare being down to replace the thermal couple sensor and clean the screen at the damper. The flare was down for about three (3) hours, from approximately 12:30 p.m. to 3:30 p.m.

· Additional Survey Work Conducted: New Ventures provided a current conditions survey plan to MassDEP. Pursuant to MassDEP’s request, New Ventures had its surveyors return to the Landfill at the end of the week to take a few additional survey points. These surveys reflect current contours of the Landfill.

Activities at the Landfill during the Week of 8/17 — 8/21:

· Ambient Air Sampling to be Conducted Early this Week: Ambient air sampling will be conducted by Shaw early this week, under the supervision and direction of MassDEP staff. Samples will be taken both at the Landfill and in surrounding neighborhoods. Originally been scheduled for last week, this sampling was postponed due to wet weather and wind directions. The weather forecast suggests good conditions for sampling early during the week of 8/17.

o With respect to sampling in the neighborhood, we plan to take samples when odors can actually be detected. If we are in the neighborhood but cannot detect odor, we will take a single air sample at that time. We will return to the neighborhood again, as necessary, until we are able to take some samples under actual odor conditions.

o If you smell an odor early this week, please call the New Ventures complaint line and, if you are able to do so, send an e-mail as soon as possible. Your calls to New Ventures, together with your e-mails, will assist us in obtaining samples when odors are occurring.

· Groundwater, Surface Water and Sediment Sampling Scheduled: Sampling of groundwater, surface water and sediments are scheduled for Thursday or Friday of this week, contingent upon weather conditions. This sampling will be conducted by Shaw under the supervision and direction of MassDEP staff.

· Actions Taken to Install Jerome Meter Network: MassDEP is installing additional Jerome Meters in neighborhoods around the Landfill. Early this week, MassDEP staff and Shaw will visit several proposed locations to confirm that such locations are appropriate and workable.

o Shaw is constructing cases to house and protect the meters.

o Shaw will install the cases and meters. We hope to complete installation by the end of the week.

· Inspection of Flare Being Scheduled for Late August: Shaw is finalizing the sub‑contract with Highland Power to inspect the flare.

o Highland Power designed and built the flare and previously performed a flare inspection in 2008. The purpose of Highland’s inspection is to ensure the flare system is operating as designed and for Highland Power to provide any recommendations concerning operation and maintenance of the flare system.

o Scheduling of this inspection is based upon the availability of key Highland personnel. The inspection will likely occur the week of August 24^th.

###

MassDEP Crow Lane Landfill Information July 31, 2009

Commissioner Burt mentioned at the meetings in Newburyport last week that MassDEP would provide information about activities at the landfill to residents and officials. We think the best way to do this is to send updates to people on the established email network that residents have been using. This is the first such email and we are looking for comments on this approach. We’d also like to here about other names we should add to the distribution list. Please send your questions, comments and suggestions to the following email address: crowlane.information@massmail.state.ma.us.

In addition to these email updates, correspondence and reports are posted in the MassDEP Northeast Region web site at http://www.mass.gov/dep/about/region/crowlane.htm

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Landfill Update – July 31, 2009:

As of Monday, August 27^th, the Department is monitoring the daily operations and closure activities at the landfill using contractors from Shaw Environmental. We plan to continue this coverage through December 2009. The scope of services includes the following tasks and items:

· 2 staff will rotate coverage;

· The contract allows for coverage 5 days per week from 7 AM to 7 PM and weekend coverage as well. The hours of coverage on a daily basis and weekend coverage may vary depending on activities and conditions at the landfill.

· Coverage is scheduled for Saturday 8/1 7:30 to noon.

· The contractor’s duties include but are not limited too the following:

o Inspect/Monitor site activities and complete inspection form & checklists;

o Sample pretreatment system and inlet flare daily;

o Inspect pre-treatment system and flare and observe its operation;

o Take gas treatment system samples;

o Inspect site for odor breakouts at the beginning of the day, during the day and at the end of the day;

o Download data from and maintain off-site hydrogen sulfide monitoring stations daily;

o Respond to complaints during operating hours including identification of causes;

o Observe construction activities,

o Provide information to MassDEP about work accomplished by New Ventures and work planned on a daily and/or weekly basis when possible. This information will be included in email updates from MassDEP;

o Collect landfill gas system samples from wells periodically; and

o Report to MassDEP situations that require attention. MassDEP will inform New Ventures of and/or go to the landfill to discuss the actions needed in order to address issues.

o The contractor will observe the actions New Ventures takes to address issues and report back to MassDEP.

Ambient Air Quality, Water Quality and Sediment Monitoring Planned:

MassDEP is developing a contract for the collection and analyses of the following samples:

· Ambient air samples in the neighborhoods surrounding the landfill and samples of the landfill gas entering and exiting the pretreatment system and flare; and

· Surface water and sediment samples from locations around the landfill, the vernal pool and samples from leachate collection tanks.

The goal is to have this contract in place so that sampling can be schedule to begin during the second week of August.

Activities at the Landfill During the Week of 7/27 – 8/1:

· MassDEP staff and our contractor met with New Ventures and their consultant at the landfill on Monday to go over the activities of the contractor.

· Odor complaints continue, particularly on Friday 7/31. The contractor investigated several complaints and attempted to identify possible causes at the landfill and to have New Ventures address them. Leachate breakouts were covered and clay cover was added to the side slopes on the Southeast corner.

· The contractor has been inspecting the landfill and operations each day, identifying leachate seeps and observing New Ventures employees as the seeps were fixed.

· The contractor began installing the new hydrogen sulfide meter (the Jerome Meter) at a nearby residential property. MassDEP will be finalizing the location of 2 additional meters with the City next week.

· New Ventures has been finishing the grading associated with the final access road pathway that will lead to the top of the landfill. They have also been filling and grading in the area where the scale was previously located after the relocated the office trailer closer to Crow Lane.

· New Ventures has had surveyors on site to update the landfill plans to reflect the current contours.

Crow Lane Redux: What am I, hard of smelling?

From The Smelly Car http://www.seinfeldscripts.com/TheSmellyCar.htm

Jerry: Boy, do you smell something?

Elaine: Do I smell something? What am I, hard of smelling? Of *course* I smell something.

Jerry: What is it?

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As a City Councilor in Newburyport, I’ve found the Crow Lane landfill has been the single most frustrating issue I've worked on.

Crow Lane is an old private landfill dump, purchased by New Ventures LLC in 2000 with the thought that they would cap the landfill and would make money from the fill they brought in. The capping has been a mess for many reasons but mainly the improper mixing of construction and demolition debris which have caused serious and frequent release of toxic hydrogen sulfide (smells like rotten eggs). The hydrogen sulfide stays at ground level impacting a local school, a daycare, elderly housing, a nursing home, a hospital, and many residents.

In a year and 7 months being on the Council, I and the other Councillors have gotten over 140 complaints about noxious odors. In fact, I got two separate emails tonight and I write this with burning eyes from a visit to the the area about an hour ago.

The odor isn't everywhere, it seems to come in waves, and not everyone is affected by it. But it is too pervasive over the years and again in the last two weeks.

Besides the odor, there are also outstanding questions as to what is leaching into the local watershed and whether the berm which surrounds and contains the landfill is structurally sound.

DEP and the AG's office have been very involved from the days of Romney and Reilly. This is DEP's website on Crow Lane which lists many of the actions the State has taken: http://www.mass.gov/dep/about/region/crowlane.htm

The basic chronology is here:

• In 2000, New Ventures LLC bought the inactive, unlined, and uncapped landfill which had been in operation from at least 1958 to 1987 under a different owner.
• In October 2002, a Host Community Agreement between the City of Newburyport and the landfill owner was signed and executed with volume of approximately 460,000 cubic yards to be brought in to cap the landfill within three years.
• In 2003, the State issued an Administrative Consent Order detailing how the closure should proceed.
  
• From 2003 to 2005, there were many issues with New Ventures operations.
  
• The Newburyport Board of Health issued several cease and desist orders for various violations.
• In September of 2006, officials of the Mass. DEP and Attorney General’s office met with Newburyport officials and the public in Newburyport City Hall to announce they will not take over the landfill and instead will enter into a preliminary injunction to assure prompt and proper closure of the landfill by the owner.
• In October of 2006, Mass. Attorney General obtained a preliminary injunction to control capping and closing of the landfill. The injunction contains more than 25 pages of requirements, protocols and deadlines.
• In June 2007, Newburyport mayor, other city officials, the state representative, the state senator, and members of the mayor’s ad-hoc landfill advisory committee met with the Mass. Secretary of Energy and Environmental Affairs in Boston to recommend a state-takeover of the landfill closure because of the troublesome performance and attitude of the landfill owner that is subjecting residents to chemical exposure, delaying completion and depleting city resources. Request was politely accepted but no action is taken.
• In July 2007, Mass. DEP notified landfill owner’s lawyer that the owner is not in compliance with the 10/20/06 preliminary injunction for several reasons, including failure to mix demolition debris with soil properly, insufficient geotechnical evaluation of the perimeter berm design, improper operation of the gas treatment system, failure to install gas collection piping and plastic sheeting in certain areas of the landfill, and failure to take measures for controlling and managing contaminated surface water at the landfill.
• On occasions in the Spring and Summer of 2008 (at an event at Plum Island Coffee Roasters in Newburyport and at a Town Hall Forum in Amesbury) Governor Patrick personally said that his staff would be looking into the matter.
  
• On November 28, 2008, Massachusetts Department of Environmental Protection notified the landfill owner’s lawyer that the DEP inspected the landfill on 11/26/08 and 11/27/08 and found 12 violations of the preliminary injunction of October 20, 2006 and amended on November 1, 2006, and February 22, 2007. These violations included failure to operate the gas collection system and staff the landfill 24 hours a day and 7 days a week, failure to repair and maintain the gas collection system, failure to consistently operate the pretreatment system to meet the required performance standards, failure to pump leachate from the collection tanks, failure to remove leachate from the abutting wetlands, failure to provide DEP with daily landfill gas sampling data, failure to submit weekly inspection reports, and failure to report and respond to odor complaints.

More recently:

• Since New Ventures essentially had not been allowed to bring in additional materials since the 2006 injunction, the landfill was sitting open to the elements with repeated odor violations.
• Many Newburyport residents have wanted DEP to take over the landfill, but the State seemed to have no interest in taking over the landfill.
• In April 2009 Mayor Moak issued an administrative order through the local Board of Health which allows New Ventures to bring in more volume than was permitted in the Host Community Agreement from 2002. At the same time the City and New Ventures signed a covenant which may release the City from liability under the state's waste cleanup law Chapter 21E (in other words New Ventures won't sue the City for the City's alleged dumping at the site decades ago; the covenant says only that New Ventures will provide an agreement not to sue the City, but only after the landfill is successfully capped.)
  
• New Ventures and the Commonwealth had a scheduled April 23, 2009 court date to hear the Commonwealth's complaint that New Ventures has violated the 2006 preliminary injunction. The Commonwealth and New Ventures entered into a settlement agreement with a final judgement issued by Suffolk Superior Court Agreement signed by landfill owner and the Superior Court judge setting conditions to permit trucking of additional demolition waste into landfill to resume immediately. New Ventures wants to bring to Crow Lane the piles they have at another site in Everett, materials which are causing odors in Everett. DEP seems to be in favor of having Newburyport as the solution to the Everett problem.

Many of the source documents are here.

What I am looking for now is pretty basic. Because legal maneuvering went on primarily behind the scenes and now the closure activities are mainly being discussed between New Ventures, DEP and a few City officials, a communication strategy to the public has been, to be perfectly frank, ignored by the Commonwealth.

NV’s actions may be the primary reason for the impasse, but citizens also question the State's ability to resolve this regulatory issue. From what I hear from a few City officials, DEP is very involved in a positive way. I am simply asking that the DEP with support from the EOEEA and the Governor's office discuss and update the public on the closure activities.

So what's with the stonewalling? Do we have to threaten to euthanize our pets or blockade Route 95 to get attention? A well run public meeting, perhaps in the framework of a meeting with the City Council, can at least provide an opportunity for dialogue between government and the citizens we all serve.

Specifically, especially now that the odor outbreaks have been rampant in the last two weeks, I would like the DEP to come to Newburyport to tell residents that the capping is be properly monitored and that the State will stand by the City and the residents to ensure that it will be done right and that the odors will be controlled to the greatest degree possible.

Councillor Ed Cameron

MASSACHUSETTS CONSTRUCTION AND DEMOLITION DEBRIS INDUSTRY STUDY

The Crow Lane debacle has always been a confusing one to sort out--multiple stakeholders, conflicting agendas, mistrust, litigation, threats of litigation, and the everpresent stench of Hydrogen Sulfide or H2S for the nearby residents.

I've never understood why the only solution on the table to the Everett problem is Newburyport. And that may have something to do with fact that I have little background in landfill operations, construction and demolition debris disposal, and all the engineering expertise required to understand this story.

You can find insight into the larger context of the debris industry here in this recent report commissioned by MassDEP. I've not heard this report referenced by any of the Newburyport folks involved in the Crow Lane situation. It's an interesting report and does discuss the gypsum and H2S connection. And does state that much current C&D from Massachusetts is heading out of state.

And of course, "[t]he opinions do not necessarily reflect MassDEP’s policies."

DEP considering environmental impact stickers for cars

This is an interesting post on Blue Mass Group here.

I wonder what environmental impact rating a truck containing construction and demolition debris cruising into Crow Lane landfill would have....?