NEWBURYPORT — The state Department of Environmental Protection has once again warned New Ventures to bring the ongoing landfill capping into compliance with the requirements of the settlement agreement and final judgment documents.
John Carrigan, chief of the solid waste management section of DEP, sent a notice to New Ventures owner William Thibeault on Feb. 19, again notifying the landfill operator that he 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.
This is the second such notice sent by DEP. A similar letter was sent at the end of January.
Mayor Donna Holaday said yesterday she wants to find out answers to her questions, such as the next step the state will take. "This is what I keep pushing for," she said. "I'd like to talk to the AG's office."
While the mayor said the situation improved after New Ventures covered an exposed pipe and the flare began operating again, she is still seeing odor readings come in too high.
"Things aren't terrific," Holaday said.
Holaday said she met with Thibeault last week to discuss the happenings of the last few months.
In the letter sent last week, Carrigan addresses 10 specific items that show New Ventures is out of compliance with the terms of the settlement agreement and final judgment.
New Ventures purchased the landfill in 2000 with the plan of closing it by heaping tons of demolition debris on top and capping it. The debris includes gypsum board, which emits a stench when it rots.
For the past few months, 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.
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.
But problems continue to arise for the neighborhood as the capping continues toward an end date of this spring.
New Ventures "continues to fail to take adequate action and implement the measures necessary to operate the pretreatment system in compliance with the requirements of the final judgment," Carrigan wrote, and the readings of the hydrogen sulfide odors at the landfill are still high, and odors are present.
Steps have not been taken by New Ventures to ensure that the gas extraction system, pretreatment system and the flare are working properly, he added.
New Ventures is also continuing to fail to properly repair tears and rips in the liner and to maintain the temporary storm-water controls, Carrigan wrote.
Joe Ferson, a spokesman with the state DEP, said yesterday that New Ventures is required to take all actions necessary to return to compliance and to address the specific issues outlined in the letter.
"They have to," he said. "They're in violation of the settlement agreement and final judgment."
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