NEWBURYPORT — Just days after receiving another cease and desist order from the city, the owner of the Crow Lane Landfill "manually and intentionally" shut down the device that helps dissipate the noxious smells from the dump, according to state officials.
As a result, many nearby homeowners suffered through days of nauseating odors. The device was shut down from Monday to Wednesday morning, the state Department of Environmental Protection said.
And while it is unclear whether the action — which shut down the gas extraction system and a flare that burns off the gas — was in response to the city's ruling, Jack Morris, the city health agent, said "absolutely" it is retribution.
"It just shows the attitude of New Ventures," Morris said, referring to the landfill owner.
Furthermore, the DEP, which ordered New Ventures to turn the system back on, also hand-delivered another letter to New Ventures' attorneys Thursday to tell them they have continually failed to abide by a 2006 preliminary injunction and that the department would, within 14 days, put the company on "default notice."
Morris said the default notice is the "first procedural step to access" the $3 million financial assurance mechanism, or FAM, which ensures there is money to take corrective action to shut Crow Lane.
"I think they've just about had it," Morris said of the DEP's attitude toward New Ventures. "I think there is going to be a lot going on in the next week or two."
William Thibeault, president of New Ventures, refuses to speak to the Daily News.
For the last half decade, the Crow Lane landfill has wreaked havoc on the lives of its neighbors. The smell of rotten eggs and burnt matches wafting from the dump disrupts the lives of many residents, causing sore throats, burning eyes, headaches and restless sleeping.
Throughout the years, both the state and local government have fought to fix the problems through fines, injunctions and court rulings, but nothing has been successful.
Just last week, the Board of Health shut down the facility for failing to develop a corrective action plan to fix numerous problems at the site. New Ventures had appealed the original order to develop that plan, but asked for a continuance at a meeting scheduled for Thursday night.
The corrective action plan was supposed to be issued within seven days, and the company was supposed to complete those actions by March 14. The company did neither, forcing the city to issue the cease and desist order, which stops new Ventures from bringing in material to the dump.
"Corrective actions were required immediately to address adverse nuisance odors, the uncontrolled breakout and runoff of leachate, and properly covering exposed areas of the landfill to prevent the generation of leachate from infiltration of storm water and other precipitation," the letter said.
Ron Klodenski, a member of the ad hoc landfill committee and a leading advocate for neighbors dealing with the site, said the recent decisions by the city and the state are hopeful.
"They are not letting (Thibeault) get away with it," he said. "Obviously the DEP came right out and it appears they are paying attention. I'm hoping this leads to something good."
