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

---------------------------------------------------------------------------------------------------------------------------------

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.

Last Night's Cancellation of Planning and Development Committee

My apologies for the late notice of the cancellation of the meeting. I became aware that we would not have a quorum at about 5:20PM while I was in my car driving on 495 so I was not able to send an email.

I did attempt to contact a few Back Bay neighbors whose cell phone numbers I had. I thank one neighbor for sending out an email to the neighbors in his address book.

We will reschedule shortly.

Thank you,

Ed Cameron

Governor Patrick Newburyport Forum

Friends:

Governor Patrick will be holding a town hall forum in Newburyport on Tuesday, July 21, 6:30pm – 8:00pm at the Waterfront Park which is located off Market Square.

Keeping to his commitment to encourage civic engagement, Governor Deval Patrick will embark on his second annual town hall-style meeting tour. All are encouraged to come and talk directly with Governor Patrick about issues they care about. The event is outside, so bring lawn chairs and blankets!

To RSVP, click here: (Note: you will be required to create an account if you do not already have one on aPebble, our online tool for community organizing.)

Hope to see you Tuesday.

The Deval Patrick Committee

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?

------------------

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

Running on empty - The Boston Globe

This is an interesting column by Sam Allis about New Bedford and municipal government. Worth a read. The entire column is here Running on empty - The Boston Globe

Being a mayor today must rank somewhere below pest control officer.

If the trickle-down theory of wealth has been a bust, and it has, the trickle-down effect from state and federal cuts on cities has flowed smoothly. It is on a mayor’s desk that these things land. To be mayor today is to choose the least horrendous option.

“There are no more paper clips to cut,’’ says New Bedford’s mayor, Scott Lang.

Lang learned in February he faced a $2.8 million cut in state funds for the last 20 weeks of the fiscal year that ended last month. He was forced to ax 180 city workers, including 36 fire personnel and 31 police officers.

He and his staff had worked up a study to gauge how many city workers would have to be laid off to make up the $2.8 million. The figure was 426 people, but that catastrophe was avoided only because of available cash on hand.

Lang, 58, announced last week he is running for his third and final two-year term in office. So far, he has no serious opposition. That makes sense. He’s done a good job. I wrote about him after he won almost four years ago, and returned last week to see how he’s doing and ask him why in God’s name is he running for a third term.

Municipalities consider adopting new local taxes - The Boston Globe

Municipalities consider adopting new local taxes - The Boston Globe

Posted using ShareThis

"Enhancement Project" for the Clipper City Rail Trail

From an email from Geordie Vining, Senior Project Manager, Planning Office:

We have scheduled a public information meeting to discuss the "Enhancement Project" for the Clipper City Rail Trail on Thursday, June 25^th at 7:00 p.m. in the Police Station's conference room.

As you know, we have been raising funding to support the installation of "enhancements" such as benches, signage, sculpture, waste receptacles, underpass mural, etc. along the Rail Trail corridor once the state contractor finishes building the basic trail. If you would like to see and discuss the proposed locations, models, sculptures, and other details of our approach for such items, please join us at the meeting on June 25.

While I can answer a few questions about the current and ongoing construction project of the basic trail by the state's contractor, please note that the focus of the meeting will be on the proposed enhancements. We hope to finalize our approach this summer so that we can get cost estimates, place orders, coordinate with the contractor and others who will help with installation, and be prepared to implement this phase of work towards the end of the year.

Ward 4 City Councillor

Several weeks ago, wanting to keep my options open, I took out nomination papers for three offices: Ward Councillor, At Large Councillor, and Mayor.

With Mayor Moak deciding not to run, capable and committed candidates have declared for Mayor. And candidates have emerged for City Council as well.

As for me, I am going to be a candidate for re-election as Ward 4 Councillor. During the campaign ahead, I will also work hard for the Charter Review effort – a review which will help set Newburyport’s course for the future.

I look forward to the campaign. And I encourage others to get involved either as candidates or as volunteers.

Sincerely,

Ed Cameron

Newburyport City Council

Senior Center Building Committee Monday June 15 8am

The next meeting is Monday, June 15 at 8:00AM

I had sent the wrong date to the Newburyport Current, so I apologize for that mistake to anyone who showed up on June 8. At least my mistake was one week early not one week late.

At the next meeting on June 15, we'll discuss the current status of the design.

From the feedback of the two public input sessions , we will be keeping the basketball court/paved play area, the building will be along Kent Street to continue the look of the street, and the parking has been worked to keep the flow away from the play area and keep the spaces needed for winter parking.

You can find the latest here. http://www.cityofnewburyport.com/Planning/Documents/Present052109.pdf

Like a man who wears both a belt and suspenders, Cameron has all the bases covered....

The Daily News can really turn a phrase...;-)

http://www.newburyportnews.com/punews/local_story_154233702.html

Clam Bake and Auction Benefiting Humanitarian Projects in Ethiopia

From friend Kristen Fudge:

Clam Bake and Auction
Benefiting Humanitarian Projects in Ethiopia
Saturday, June 20, 2009
6:00 – 9:00 pm
Nicholson Hall
9 Harris Street, Newburyport, MA
Tickets: $40 per person
(includes dinner)

Tickets may be purchased online at www.whfc.org/events or by mailing in the form below. This is an adult-only evening.

Please bring your friends and family!

Join us for good food and spirit and help raise critical funds to support Wide Horizons For Children’s humanitarian efforts in Ethiopia.

This effort was spearheaded by families who have adopted children from Ethiopia.

We have been affected by what we saw and want to do as much as we can for the country where our children were born and where a piece of our heart will always be.

The evening will feature a traditional New England Clam Bake, cash bar and silent & live auction.

The meal includes your choice of 11/4 lb lobster, 12 oz steak or 1/2 chicken, plus chowder, corn on the cob and steamers. A medley of skewered summer vegetables and grilled veggie burger is also offered for vegetarians. All meals include salad, crisp watermelon wedges & dessert.

Questions? Please contact Kristen Fudge at k.fudge@comcast.net

Auction Items Needed: We are soliciting donated items for the auction. Your generosity is greatly appreciated & will help fulfill WHFC's mission to provide a brighter future for the men, women & children in Ethiopia.

Please contact Kristen Fudge for more information or to donate an item. Thank you!

This is a parent-led fundraiser. The committee is working in collaboration with WHFC to benefit humanitarian projects in Ethiopia.

Clam Bake & Auction REGISTRATION FORM (please register by June 12th)
We’d like to purchase __________ tickets at $40 each. Total Enclosed: ______________
We’d like to make an additional donation (tax-deductible) to support this important work:  $500  $250  $100  other ________
Name & Mailing Address:_______________________________________________________________________
Email: __________________________________________________ Phone: ___________________________
Please list the name of each attendee and meal choice below:
First & Last Name: ________________________________________ Meal Preference: Lobster Steak Chicken Vegetarian
First & Last Name: ________________________________________ Meal Preference: Lobster Steak Chicken Vegetarian
First & Last Name: ________________________________________ Meal Preference: Lobster Steak Chicken Vegetarian
First & Last Name: ________________________________________ Meal Preference: Lobster Steak Chicken Vegetarian
First & Last Name: ________________________________________ Meal Preference: Lobster Steak Chicken Vegetarian
First & Last Name: ________________________________________ Meal Preference: Lobster Steak Chicken Vegetarian

Checks should be payable to “Wide Horizons For Children” and mailed with this completed form to:
WHFC | Attn: Laura Wells | 38 Edge Hill Road | Waltham, MA 02451