By Katie Farrell Lovett
Staff writer
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NEWBURYPORT — A Suffolk Superior Court judge has ordered the state and New Ventures to enter into a mediation session in hopes of reaching a conclusion and finally capping the Crow Lane landfill.
Superior Court Justice John Cratsley issued rulings on the three motions heard on June 2. He denied a motion by the state's attorney general that argued New Ventures, the owner and operator of the Crow Lane landfill, was in contempt for failing to submit adequate cost estimates to finish capping the landfill. The filing of the cost estimates was required by a March court order.
Cratsley also rejected a motion by New Ventures to compel closure of the landfill using its berm design and to release funds from the Financial Assurance Mechanism to New Ventures, according to their cost schedule.
The judge continued a final motion by the state to declare that New Ventures was in default of its closure obligations for failing to correct deficiencies in the modified berm design that were highlighted by the state and for its failure to meet the closure deadlines.
Cratsley continued the commonwealth's motion without resolution until October 1 and ordered the parties to participate in a voluntary mediation session, as "one final opportunity" to resolve the issues surrounding the berm design and closure plan, as well as to iron out questions surrounding the post-closure cost estimates and the FAM.
In the wake of the court decision, New Ventures owner William Thibeault said he is pleased with the ruling, saying the judge looked at all the facts and believes New Ventures is "not at fault like the state keeps trying to claim we are."
But, Thibeault said, he would like to reach a resolution soon in order not to miss construction season.
"All we want to do is close it," he said.
Thibeault said his company has sent seven letters to the state's Department of Environmental Protection following the ruling by the judge that ordered the state to fix the liner using the FAM. Thibeault said the letters sent over the last two months have asked for a meeting to sit down and address the issues about the berm.
He said those letters have not received a response.
Thibeault said he reached out to Mayor Donna Holaday on Monday and asked her for assistance in talking with the state and conveying his hope that the two parties can sit down and reach a resolution.
If the issue goes before a mediator, there's "a good chance that we're going to miss the season," Thibeault said. "Unfortunately, I think quite a bit of time is going to pass."
The landfill capping is 90 percent complete, and there have been no odor complaints during the last few months, he said. "The flare is working, the gas system is working, the liner is on," Thibeault said.
"I don't think anyone wants to see this liner exposed for another season," he said. "I want to go finish the landfill, and I want to move on with my life. I want to close it. We need to wrap it up and move on."
Thibeault said New Ventures will go forward and start picking out choices for a mediator.
Holaday said yesterday she did speak with Thibeault and told him she would reach out to the DEP to see if discussions could be facilitated prior to attending mediation.
"I certainly would hate to lose the season," Holaday said, adding that she does want to see concerns about the berm design addressed. "I would like this closed as soon as possible."
