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Published: September 04, 2008 03:58 am    PrintThis  

Landfill, again, cited for violations

By Katie Farrell
Staff writer

NEWBURYPORT — The state's Department of Environmental Protection has once again notified the owner of the stench-plagued Crow Lane landfill that it has violated the preliminary injunction issued in 2006.

The state sent notice to attorney Richard Nylen, the attorney for Everett-based New Ventures LLC, the owner of the landfill. The Aug. 26 letter highlights 13 violations of the injunction and orders the company to comply.

New Ventures agreed to the preliminary injunction two years ago that set strict guidelines for the closure of the landfill and for measures to control the foul odors that have troubled the landfill's neighbors for more than four years. The terms were negotiated with the state's attorney general's office and the DEP.

A separate preliminary injunction was also filed against New Ventures by the city.

Of the 13 violations cited by DEP, Mayor John Moak said yesterday only two had never been brought up by the city.

"We had talked to DEP and given them information about a majority of these violations," Moak said.

The violations were noted after DEP conducted seven inspections of the landfill between June 3 and Aug. 18 and examined the daily system monitoring forms from the landfill.

Violations related to a variety of issues, such as failing to operate the stench-mitigating flare at the site that must operate at all times, the response to complaints filed by residents, and areas like testing samples, maintaining tarps, and keeping the leachate collection tanks at the proper level.

The city sent its own letter to New Ventures last month, asking the company to address four specific issues, the mayor said. Moak said the city could fine New Ventures for violating its preliminary injunction or pursue legal action.

"There's a possibility of that," he said. The landfill and the city's preliminary injunction falls under the oversight of the Board of Health.

Jack Morris, the city's health agent, did not return a phone message yesterday.

If the landfill were operating right now —which it is not — the city could enforce cease and desist orders, Moak added.

The city has faced issues from the Crow Lane landfill for several years. Neighbors to the landfill have long complained of the noxious smells of rotten egg and burnt matches that often disrupt dinners, holidays and sleep. Residents have complained of headaches, bloody noses, nausea and sore throats. The smell mostly affects neighborhoods in the Low Street area.

Just yesterday, in an e-mail sent to city leaders, the state, neighbors and other interested parties, an abutter said he was once again awoken early by the odors from the landfill coming in through his skylights and windows.

New Ventures has broken the requirements of the preliminary injunction before and has missed some deadlines, leading the attorney general's office to warn the company.

Joe Ferson, a spokesman for DEP, said the state agency has not yet received a reply to the letter from New Ventures. "We're requesting them to comply to the notice of non-compliance," he said.

Ferson noted that the landfill case has been sent to court and does include DEP. He declined to address the next steps the state can take if the landfill owner does not reply to the state's Aug. 26 notice.

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