NEWBURYPORT — As the stink coming from the Crow Lane landfill hits unbearable levels, the state Department of Environmental Protection is sending owner and operator New Ventures notice to fix numerous problems that violate a settlement agreement.
William Thibeault, president of New Ventures, has to respond to the notice within 72 hours and to complete all of the items, which were outlined in a settlement agreement signed last year that was meant to fix problems at the landfill. But problems have persisted, and the past week or so has been one of the worst for the landfill's several hundred neighbors — the rotten egg-like stench has been overwhelming, they say.
Mayor Donna Holaday and City Councilor Brian Derrivan, who represents the Crow Lane neighborhood, were notified of DEP's letter to New Ventures prior to a scheduled meeting yesterday afternoon.
Holaday said last night she was pleased by the letter, calling it "quite extensive."
The issues outlined by DEP include controlling the release of odors and maintenance of the landfill gas system, the gas collection system and the flare, which New Ventures must maintain to prevent the release of hydrogen sulfide and other landfill gases. The gases cause the stench.
Failure to comply with the terms of the final judgment and settlement agreement has created "nuisance conditions" for the residential neighborhood, state officials wrote to New Ventures.
Holaday said yesterday that odors were continuing to escape from the exposed outflow pipe and uncovered parts.
The meeting came after a weekend full of phone calls between the mayor, councilor and state officials.
For about three weeks, odors of hydrogen sulfide have grown worse, plaguing neighbors and causing health problems. For more than five years, the neighbors have dealt with these odors, which cause nausea, headaches, watery eyes and sinus infections, among other ailments.
New Ventures purchased the landfill in 2000 with the plan of closing it, by heaping tons of demolition debris on it and capping it. The debris includes gypsum board, which emits the stench when it rots.
After several shutdowns due to violations, the landfill capping began again in earnest last spring after then-Mayor John Moak and former Health Director Jack Morris issued an administrative order directing New Ventures to begin capping the landfill according to the terms set by the DEP.
On Saturday, Holaday told landfill neighbors that she was able to get DEP to work with New Ventures and place a soil cover over an exposed outflow pipe near the haul road that was determined to be causing the odors. However, after visiting the site again, she said, "it was clear this was not the only fix needed."
At the City Council meeting Monday, Derrivan urged his fellow councilors to help him take a "more proactive role" in protecting the neighbors of the landfill.
The council owes it to them to do so, he said. This is a "real issue" that is not going away, Derrivan said.
Derrivan said he would like the City Council to discuss hiring its own environmental attorney, as DEP has given no indication that "they're there to help us," he said.
"I need everybody's help on this," Derrivan added. "The residents need our help right now."
Derrivan said yesterday his address to the council was based on his frustration. Still, bringing in someone new would be a "good idea" and should be talked about, he said.
After seeing the letter DEP was sending to New Ventures with their request for action. Derrivan said he knows the DEP is frustrated as well.
"I think we're going in the right direction here," he said. "(DEP) would like to see this come to a successful end."
Derrivan said the document shows how DEP has been working to address the landfill.
"What they're asking here, it looks like they've been working on it for quite a while," he said.
"We're going to have to see how this plays out, if New Ventures responds or if they don't," Derrivan said.
During a visit to the city in July, DEP Commissioner Laurie Burt said the goal of the state agency is the same as everyone else's — to finally get the landfill closed. Burt said the state would take new steps in the monitoring of smells from the site as well as communication about what's being done.
The state has set up an e-mail update for the neighbors and interested parties about the capping, and DEP has a monitor at the site daily.
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