Crow Lane Landfill Project Update - March 31, 2010

MassDEP is updating the web page today to include the following:

MassDEP's March 30, 2010 notice to New Ventures, pursuant to paragraph 27 of the Final Judgment and Settlement Agreement in Commonwealth v. New Ventures Associates, LLC, Suffolk Superior Court C.A. 06-0790 C, as amended by Orders of the court on May 27, 2009 and October 7, 2009 (the "Final Judgment"), notifying New Ventures that it is in noncompliance with the Final Judgment including, but not limited to, operating the landfill gas pretreatment system in noncompliance with the performance standards of the Final Judgment.

MassDEP March 30, 2010 notice to New Ventures pdf format of crowlnnv72hrnotice100330.pdf

Crow lane Landfill Project Update - March 30, 2010

MassDEP is updating the webpage today to include the Massachusetts Attorney General's March 25, 2010 Emergency Motion, Memorandum in support of the Motion, and John Carrigan's and Richard Chalpin's March 25, 2010 Affidavits and attachments in support of a March 25, 2010 Emergency Motion filed by the Massachusetts Attorney General's Office on behalf of MassDEP in Suffolk Superior Court. The Attorney General's Office is requesting that the Court issue an order granting the MassDEP and its contractors access to the Landfill for the purpose of repairing the damaged Flexible Membrane Liner (the "FML" cap) and gas extraction wells with the cost of these repairs paid to MassDEP's contractors by reimbursement through New Ventures' Financial Assurance Mechanism (the "FAM"). [A FAM is essentially a performance bond required of landfill owners by the Solid Waste Regulations. It serves to provide the Commonwealth with the funds necessary to perform closure and post-closure activities at a landfill in the event that the operator fails in whole or in part to do so in accordance with the law and regulations, including any permits or orders].

In addition, the Commonwealth requested that the Court declare that New Ventures has defaulted on its Landfill closure obligations and breached the provisions in its FAM because it cannot fund and perform the required repairs or any further closure work. The Attorney General argues that, because New Ventures has defaulted on its FAM obligations, the Court should also declare that MassDEP is authorized to control and direct the use and disbursement of all remaining FAM funds to reimburse contractors performing all further Landfill closure work. Finally, the Attorney General asks that the Court order New Ventures to submit to MassDEP revised cost estimates that fully and accurately address all tasks necessary to close the landfill and pay for post-closure maintenance of the landfill.

Also attached is the response to the Attorney General's Emergency Motion filed by New Ventures with the Court on March 29, 2010.

Commonwealth's Emergency Motion pdf format of Commonwealth's Emergency Motion

Memorandum in support of the Motion pdf format of Commonwealth's Emergency Motion file size 1MB

John Carrigan's March 25, 2010 Affidavit and Attachments

Richard Chalpin's March 25, 2010 Affidavit and Attachments

New Ventures' response to the Attorney General's Emergency Motion

Memorandum in Support of the Motion pdf format of Memorandum in Support of the Motion file size 1MB

Crow Lane Landfill Project Update - March 10, 2010

MassDEP is updating the web page today to include the following documents:

  1. March 3, 2010, notice from MassDEP to New Ventures pursuant to paragraph 27 of the Settlement Agreement and Final Judgment in Commonwealth v. New Ventures Associates, LLC, Suffolk Superior Court C.A. 06-0790 C, as amended by Orders of the court on May 27, 2009 and October 7, 2009 (the "Final Judgment") for the Crow Lane Landfill that MassDEP may access the Landfill to repair the flexible membrane liner impermeable cap ("FML") and landfill gas extraction wells damaged by the wind on or about February 25, 2010. PDF pdf format of Notice that MassDEP May Access Landfill to Make Repairs
  2. March 3, 2010 letter from MassDEP to New Ventures denying the proposed modifications to the design of the Mechanically Stabilized Earthen Berm ("MSE Berm"). PDF pdf format of crowlnbermmoddenl100303.pdf
  3. March 5, 2010 letter from MassDEP to New Ventures regarding the adequacy of the Financial Assurance Mechanism ("FAM") for purposes of post-closure care of the Landfill. PDF pdf format of MassDEP Letter to New Ventures on Adequacy of FAM
  4. March 5, 2010 notification from MassDEP to New Ventures pursuant to the Corrective Action Trust Agreement ("Trust") of MassDEP's intent to provide instructions to the Trustee for the purpose of MassDEP accessing the Trust. PDF pdf format of crowln14daynot100305.pdf
  5. March 5, 2010 letter from New Ventures' attorney, Richard Nylen Jr., to MassDEP responding to MassDEP's March 3, 2010 denial of the proposed modifications to the MSE Berm design. PDF pdf format of Response to Denial of Proposed MSE Berm Modifications
  6. March 5, 2010 letter from New Ventures' attorney, Richard Nylen Jr., to MassDEP responding to MassDEP's March 3, 2010 notice regarding the damaged FML and landfill gas extraction wells. PDF pdf format of Response: FML & Landfill Gas Extraction Well Damage

MassDEP and the Massachusetts Attorney General's office are reviewing New Ventures' two March 5, 2010 responses to MassDEP's March 3, 2010, Paragraph 27 Notice and March 3, 2010 Denial of Berm Modification.

Crow Lane Landfill Project Update - March 3, 2010

MassDEP is updating the web page today to include the following document:

New Venture's February 22, 2010 response to MassDEP's 72 Hour Notification, dated February 19, 2010, issued pursuant to the Settlement Agreement and Final Judgment in Commonwealth v. New Ventures Associates, LLC, Suffolk Superior Court C.A. 06-0790 C, as amended by Orders of the court on May 27, 2009 and October 7, 2009 (the "Final Judgment"). PDF pdf format of Response to 72 Hour Notification Per Final Judgment

Crow Lane Landfill Project Update - February 24, 2010

MassDEP is updating the webpage today to include the following document:

A 72 Hour Notification dated February 19, 2010 issued by MassDEP pursuant to the Settlement Agreement and Final Judgment in Commonwealth v. New Ventures Associates, LLC, Suffolk Superior Court C.A. 06-0790 C, as amended by Orders of the court on May 27, 2009 and October 7, 2009 (the "Final Judgment") to New Ventures regarding deficiencies at the Crow Lane Landfill including, without limitation, deficiencies with the landfill gas collection system. PDF pdf format of crowln72hrnotice100219.pdf

Crow Lane Landfill Project Update - February 10, 2010

MassDEP is updating the web page today to include one notification:

A 72 Hour Notification dated February 4, 2010 issued by MassDEP pursuant to the Settlement Agreement and Final Judgment in Commonwealth v. New Ventures Associates, LLC, Suffolk Superior Court C.A. 06-0790 C, as amended by Orders of the court on May 27, 2009 and October 7, 2009 (the "Final Judgment") to New Ventures regarding deficiencies at the Crow Lane Landfill including, without limitation, noncompliance with the pretreatment performance standards. MS Word doc format of crowlnnv72hrnotice100204.doc

Crow Lane Landfill Project Update - February 3, 2010

MassDEP is updating the webpage today to include three documents:

A 72 Hour Notification dated January 26, 2010 issued by MassDEP pursuant to the Settlement Agreement and Final Judgment in Commonwealth v. New Ventures Associates, LLC, Suffolk Superior Court C.A. 06-0790 C, as amended by Orders of the court on May 27, 2009 and October 7, 2009 (the "Final Judgment") to New Ventures regarding deficiencies at the Crow Lane Landfill including, without limitation, deficiencies with the landfill gas collection system;   PDF pdf format of MassDEP 72-Hour Notification Pursuant to Final Judgment

A 72 Hour Notification dated February 2, 2010 issued by MassDEP pursuant to the Final Judgment to New Ventures regarding noncompliance with the pretreatment system performance standards; and PDF pdf format of MassDEP 72-Hour Notification Pursuant to Final Judgment

A letter from New Ventures attorney, Richard Nylen Jr., dated January 29, 2010 responding to MassDEP's January 26, 2010, 72 Hour Notification. PDF pdf format of New Ventures Response to MassDEP 72 Hour Notification

MassDEP and the Massachusetts Attorney General's office are reviewing New Ventures' January 29, 2010 response to MassDEP's January 26, 2010, 72 Hour Notification.