By Katie Farrell
Staff writer
July 13, 2009 03:59 am NEWBURYPORT — As residents living near the Crow Lane landfill decry the latest round of sulfur smells wafting through their neighborhoods and question New Ventures' accountability for the effects, a city councilor is seeking more complete answers from the mayor about what the city can do. The entire council submitted a list of 12 questions to Mayor John Moak after they were told by their independently hired lawyer in the spring that they have a right to be included in the decisions over capping of the Crow Lane landfill. Questions ranged from what the rules of operation are regarding delivery of materials to the landfill and what is the maximum number of trucks that may enter the landfill each day, to what is the current timetable for completing landfill closure and what is the status of administrative actions and litigation by the state's attorney general's office and Department of Environmental Protection. Moak submitted answers to some questions while notifying councilors that he was waiting for more information from the state to respond to other questions. At-Large City Councilor Kathleen O'Connor Ives, who is chairman of the council's landfill subcommittee, said Friday she hopes to meet in the coming weeks to go over the mayor's document. O'Connor Ives said Friday she believed the mayor's answers lacked specifics. "The responses to the questions were, by and large, general information that we were already aware of," she said. "What the council is looking for is a detailed protocol for exactly the situation we're in now. ... When there's a problem, when the neighbors are being subjected to health impacts by the closure. ... What's the recourse? I still don't understand what's supposed to happen because right now nothing is happening." O'Connor Ives was referring to reports from the neighbors of the landfill, who in recent weeks have said the odors have once again caused health impacts, including burning eyes, congestion and sleeplessness, among other issues. "The odor from the landfill has continued on and off all day today, July 5th," Brenda Reffett reported to an e-mail chain of neighbors, city officials, state officials and others. "We just came home about a half hour ago and noticed an incredible stench ... almost smelled like our house was burning down. I started sneezing about 10 minutes after being home and am completely congested with a runny nose and burning eyes." O'Connor Ives said the terms of the administrative order state that if there are circumstances that jeopardize public health, the city is supposed to be able to take action. "The reality is the residents are being subjected to the hydrogen sulfide, we have problems with the closure protocol," she said. "This is all happening as more C and D (construction and demolition) materials are being brought in." At-Large Councilor Donna Holaday, who also sits on the council's landfill advisory committee, said Friday she felt the mayor answered the council's questions that he could, but said he is awaiting the information from the other agencies and the results of the tests on the berm. The capping was moving along "fairly well" up until earlier this month, Holaday said, when the "new odor" emerged. "It's not hydrogen sulfide from what I understand," she said, referring to reports from the mayor and neighbors. The City Council sought its own legal opinion to review the landfill situation after Moak notified them that he had ordered Health Director Jack Morris to send an administrative order to New Ventures to cap the landfill. Councilors received an opinion from attorney Gregor McGregor, of McGregor and Associates, that stated that the host community agreement, or contract, has not been canceled or substantially amended, and that any changes to it would require council approval. McGregor told councilors New Ventures, owner of the landfill, needs to comply with the host community agreement and the administrative order.
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