NEWBURYPORT - The state wants to take over the stench-plagued Crow Lane landfill and complete a job its owner, New Ventures, seems unable to handle, a document filed in Suffolk Superior Court says.
The complaint, filed this week, explains the long history of problems New Ventures has caused in not complying with rules set forth by state and city health officials.
It asks the court to grant the state Department of Environmental Protection permission to finish the work New Ventures has failed to do, which includes capping the landfill.
"The commonwealth seeks an order allowing it access to the landfill site for the purpose of taking response actions ... that are immediately required to protect the public health, safety and welfare," the document states. "Unless the court grants the requested relief, serious odor problems will continue to plague the residents living near the landfill."
The document also states that New Ventures has been so delinquent in its actions that it will not meet the deadline set forth in a preliminary injunction filed Oct. 20, 2006, that required the landfill be capped by Aug. 30. The report calls it a "looming deadline the landfill can not now make."
A hearing is scheduled for Thursday in Suffolk Superior Court.
The request is the most recent - and most aggressive - legal maneuver the state has attempted in a string of attempts to control the situation at the landfill.
"It is sort of the first step" toward state takeover, Newburyport Mayor John Moak said.
The state wants to place a temporary cap on the section of the landfill releasing the most hydrogen sulfide, install three landfill gas collection wells and sample and analyze soils "to determine the stability of the landfill's perimeter berm," according to the document.
New Ventures president, William Thibeault, has refused to talk to the press about the issues.
Jack Morris, Newburyport's health agent, said this most recent move by the state is one of the more aggressive actions they've taken.
"I think it is going to set a tone," he said. "They're saying if you don't fix it, we will. I think it's pretty aggressive."
Many residents have heard before that the state is going to fix the problem. But Morris said this time it looks like they mean it.
The complaint, filed this week, explains the long history of problems New Ventures has caused in not complying with rules set forth by state and city health officials.
It asks the court to grant the state Department of Environmental Protection permission to finish the work New Ventures has failed to do, which includes capping the landfill.
"The commonwealth seeks an order allowing it access to the landfill site for the purpose of taking response actions ... that are immediately required to protect the public health, safety and welfare," the document states. "Unless the court grants the requested relief, serious odor problems will continue to plague the residents living near the landfill."
The document also states that New Ventures has been so delinquent in its actions that it will not meet the deadline set forth in a preliminary injunction filed Oct. 20, 2006, that required the landfill be capped by Aug. 30. The report calls it a "looming deadline the landfill can not now make."
A hearing is scheduled for Thursday in Suffolk Superior Court.
The request is the most recent - and most aggressive - legal maneuver the state has attempted in a string of attempts to control the situation at the landfill.
"It is sort of the first step" toward state takeover, Newburyport Mayor John Moak said.
The state wants to place a temporary cap on the section of the landfill releasing the most hydrogen sulfide, install three landfill gas collection wells and sample and analyze soils "to determine the stability of the landfill's perimeter berm," according to the document.
New Ventures president, William Thibeault, has refused to talk to the press about the issues.
Jack Morris, Newburyport's health agent, said this most recent move by the state is one of the more aggressive actions they've taken.
"I think it is going to set a tone," he said. "They're saying if you don't fix it, we will. I think it's pretty aggressive."
Many residents have heard before that the state is going to fix the problem. But Morris said this time it looks like they mean it.
"(New Ventures) may continue to ignore it," he said. "But I don't think the state will let them get away with just ignoring it."
The original preliminary injunction required New Ventures to cap the landfill and to use numerous measures to prevent the release of gases from the landfill during the process. Neighbors in the area have complained for years about the smell of hydrogen sulfide, which smells like rotten eggs or burnt matches.
Residents, as recently as yesterday, have complained about the smells making them nauseous, giving them running noses and eyes, and causing sleepless nights. The city's Health Department has issued numerous fines and cease and desist orders to New Ventures because the odors cause a health hazard and public nuisance. The landfill is located off Low Street, but the smell from it covers a wide area - extending at times as far as Anna Jaques Hospital, more than a half mile away.
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