NOTE: For Crow Lane air monitoring data and reports, please see: Crow Lane Landfill, Newburyport: Project Updates & Air Monitoring Data
Crow Lane Landfill Project Update - October 5, 2011
MassDEP is updating the webpage today to include information regarding a complaint and inspection of the berm at the Crow Lane Landfill as detailed below.
On Tuesday October 4, 2011, MassDEP received an email complaint alleging problems with the berm at the Newburyport compost area. Shaw personnel onsite Tuesday reported some erosion washouts of the sand and loam being placed on the Landfill by New Ventures. In addition, they reported no problems with the perimeter berm. On Wednesday October 5, 2011, MassDEP conducted an inspection of the compost area and the Crow Lane Landfill. After determining there were no obvious problems with the berm and operations at the compost area, MassDEP staff, together with Bob Bracey of the City's Board of Health and New Ventures' consultant SITEC, conducted an inspection of the Landfill and surveyed the rain storm impacts. MassDEP observed several washout gullies in the sand and loam layers on the south and west sides of the Landfill. The flexible membrane liner layer (FML) was exposed in several areas but appeared to be intact and MassDEP does not expect any odor issues to result from the erosion. After the inspection, MassDEP met with personnel of D&R Corporation, landfill capping contractor for New Ventures, and he explained that he would let the sand/loam layer dry for a couple of days and then make repairs next week.
MassDEP asked New Ventures' consultants to outline the repair plan. In short, clean sand and clean loam will be placed in the washout areas, once the surrounding area has had two days to dry out. MassDEP expects that all repairs will be made as quickly as practicable.
We've also instructed New Ventures and its consultants to follow proper procedures with the ConCom to address the impact, if any, to wetland resource areas and to repair/replace the siltation fences and/or hay bales as needed to ensure protection of resource areas from any future weather events.
In closing, it is unfortunate that a storm of such intensity occurred during the placement of sand/loam, prior to the stabilization of those layers, but it appears that appropriate repairs will begin early next week. MassDEP and our consultant Shaw will closely monitor the repairs to ensure the repairs meet the requirements of the Final Judgment and the plans that have been approved by MassDEP.
Crow Lane Construction Update - September 16, 2011
Shaw personnel reported the following construction activities at the Crow Lane Landfill this week, as New Ventures proceeds with the completion of the landfill's cap.
- The placement and grading of the sand and loam on the upper plateau (top) of the landfill.
- Commencement of the construction of the new landfill gas system header.
- Grading of the perimeter road on the top of the berm.
- The presence of New Ventures consultant SITEC at the landfill during construction.
- Shaw personnel will continue to conduct routine unannounced inspections of the landfill to monitor the operation of the landfill gas system and the construction activities at the landfill.
Crow Lane Landfill Project Update - May 5, 2011
MassDEP is updating the webpage today to include the Blasting Notification Plan required by MassDEP's April 20, 2011 approval of the Blasting Protocol for completing the excavation of storm water Basin 1 at the Crow Lane Landfill. The Notification Plan contains the procedures that New Ventures has developed with the City of Newburyport to notify residents in the vicinity of the Crow Lane Landfill of blasting events using the City's "reverse" 911 system. This week, New Ventures has commenced removal of stockpiled sand and construction materials from storm water Basin 1 in preparation for resuming the excavation of storm water Basin 1.
CROW LANE LANDFILL
FINAL CLOSURE CONSTRUCTION
BLASTING NOTIFICATION PLAN
- Prior to commencement of any work, the blasting subcontractor will contact Steve Bradbury, Deputy Chief of the Newburyport Fire Department, to obtain a permit. Submittals required are insurance certificate, blaster's license, blasting plan and the general time frame for the work.
- At the suggestion of Deputy Chief Bradbury, the Newburyport police dispatcher is setting up a reverse 911 notification system to notify all residents within a 1/2 mile radius of Crow Lane Landfill the evening before that blasting will be taking place the following day. Notification will be provided prior to each day of blasting. New Ventures will notify the dispatcher as to when to send out the notification by calling 978-462-4411, Extension 1.
- New ventures will also notify Deputy Chief Bradbury, the Mayor's Office, and DEP at the end of the day before blasting will take place.
- The Fire Department will have a department inspector on site at the time of each blasting event.
Crow Lane Landfill Project Update - April 22, 2011
Today, MassDEP is posting the Blasting Protocol approved by MassDEP on April 20, 2011 for completing the excavation of Stormwater Basin 1 at the Crow Lane Landfill. The Blasting Protocol requires, but is not limited to, the following:
- Oversight of the blasting activities by New Ventures consultant, SITEC Environmental, including the drilling of blast holes, the blasting, monitoring for the presence of hydrogen sulfide and odors, and responding to odor complaints;
- New Ventures initiate corrective actions in the event of odors;
- New Ventures develop procedures with the City of Newburyport for the notification of the public prior to blasting; and
- Prohibits the start of the blasting until the notification procedures are submitted by New Ventures.
When the notification procedures are submitted by New Ventures to MassDEP, the procedures will be posted to the MassDEP Crow Lane Web page.
Crow Lane Landfill Project Update - December 30, 2010
MassDEP is updating its webpage today to include the amendment to the April 30, 2010, Final Judgment and Settlement Agreement for the closure of the Crow Lane Landfill in Newburyport by New Ventures Associates, LLC ("New Ventures") that was filed by the Attorney General's Office in Suffolk Superior Court on December 21, 2010, on behalf of the MassDEP. The amendment incorporates revisions to the landfill closure plan (the Revised Corrective Action Design) that improve and simplify construction of a portion of the landfill perimeter berm by reducing the height of the berm along Crow Lane and shortening the length of the landfill access road. The amendment includes several other provisions:
- The flexible membrane liner ("FML") cap will be extended to cover the bottom of the storm water culvert on the north side of the berm;
- Wetlands restoration and replication will occur on the south side of Crow Lane to compensate for some impact to the wetlands on the north and west side of the Landfill caused by berm design improvements [minimum of 2 to 1 replication/ restoration ratio for any lost wetlands];
- Construction protocols and deadlines are included for installation of the sand drainage layer and placement of the loam and seed on top of the synthetic cap on the landfill; and
- Final design plans must be submitted to MassDEP for the landfill storm water collection basin 1, including storm water calculations to demonstrate that it meets the design performance standards and will supply clean water to the vernal pool on City property across Crow Lane. Any final blasting that must be done for the storm water basin to meet the MassDEP approved design depth and to assure proper discharge to the vernal pool will be controlled and strictly monitored to make sure no odor problems develop.
Today MassDEP is placing the following documents on its web page.
- Joint Motion to Amend Final Judgment & Settlement Agreement, December 21, 2010 file size 2MB
- McPhail Associates Inc. Slope Stability Analysis, October 26, 2010 file size 4MB
- Shaw Environmental Inc. Memorandum: Review of McPhail Associates Slope Stability Analyses, November 2, 2010
- Revised Final Corrective Action Design file size 12MB
Sheet Number & Title
1. Index & Locus Map
2. Existing Condition & Collection System
3. Final Grade & Storm water Management Plan
4. Landfill Gas Management Plan
4A. Gas Well Installation & Connection Plan (EW-7, EW-10 & EW-13)
4B. Landfill Gas Treatment System & Piping Diagram
5. Landfill Cross-Sections
6. Final Cover System Detail & Storm Water Management System Detail
7. Storm Water Management System Detail 2
8. Landfill Gas Management System Detail
9. Leachate Collection System As-Built Detail
10. Landfill Capacity Site Plan
Cornerstone Environmental Group Drawings
Sheet Number & Title
1. Cornerstone Horizontal Gas Collection System Site Plan
2. Cornerstone Gas Detail
- Construction Quality Assurance (CQA) Plan file size 2MB
- Corrective Action Design Technical Specifications
- Technical Specification Revisions for Earthwork, Riprap & HDPE Geomembrane file size 1MB
- Revised Storm Water Drainage Calculations file size 2MB
Crow Lane Landfill Project Update - August 4, 2010
On July 30, 2010, MassDEP issued a Notice of noncompliance 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"). The Notice informed New Ventures that it was in noncompliance with the Final Judgment for, without limitation, failing to operate the landfill gas pretreatment system in accordance with the required performance standards under the Final Judgment.
MassDEP and the Attorney General's Office first notified New Ventures by email on Tuesday afternoon, July 27th of the pretreatment system's failure to meet the performance standards for the removal of hydrogen sulfide from the landfill gas under the Final Judgment. On Thursday, July 29th, New Ventures removed one of the three pretreatment tanks from the site to replace the treatment media in it. New Ventures reported that the tank was filled with new treatment media, returned to the site and reconnected to the pretreatment system on Saturday morning, July 31st. Personnel from Shaw Environmental confirmed the tank had been returned and reconnected to the pretreatment system and that the pretreatment system was meeting the removal standard for hydrogen sulfide. New Ventures removed a second pretreatment tank from the landfill to replace the treatment media and has indicated it will also replace the treatment media in the third pretreatment tank, after the second pretreatment tank is returned and reconnected to the landfill gas pretreatment system.
Crow Lane Landfill Project Update - June 9, 2010
MassDEP is updating the web page today to include additional documents related to the Motions filed by the Attorney General on May 19, 2010 in Suffolk Superior Suffolk Superior Court Justice. On June 2, 2010, Superior Court Justice John C. Cratsley ruled on the Commonwealth's motions and a motion submitted by New Ventures asking the Court to compel the Commonwealth to allow New Ventures to complete construction of the perimeter berm in accordance with their engineer's design plan and to direct MassDEP to release funds from the Financial Assurance Mechanism for the closure and post-closure activities at the landfill. Judge Cratsley in his ruling:
Denied the Commonwealth's motion for contempt because New Ventures submitted cost estimates to MassDEP after being served with the contempt complaint. The Attorney General argued that New Ventures was still in contempt of the Court's March 30th order because NV's post-closure cost estimate submission failed to meet the regulatory standard. Judge Cratsley disagreed stating, in part:
"Because there was no time deadline for these submissions in my Court Order of March 30, 2010, nor any requirement that such 'revised closure and post-closure cost estimates' be acceptable to the plaintiff or even reasonable, but only that they be completed and delivered, I cannot say that there has been a violation by the defendant of a clear and unequivocal order of this Court."
Denied New Ventures' motion to compel closure of the landfill using its berm design and to release funds from the Financial Assurance Mechanism ("FAM") to New Ventures according to New Ventures' cost schedule, stating, in part:
"The Commonwealth has raised serious concerns about the ability of New Ventures to complete the closure of this landfill consistent with applicable agreements and regulations. New Ventures should have one final opportunity using a third-party mediator to resolve their disputes with the Commonwealth about closure procedures and costs. If mediation fails, the drastic remedy sought by the Commonwealth of default and takeover of the closure process would certainly be required by the fall of 2010." (See Judge Cratsley's order, p. 3.)
Continued the Commonwealth's motion for a supplemental order declaring that New Ventures was in default of its Landfill closure obligations and ordered that the parties participate in voluntary mediation in "one final opportunity" to resolve the berm design and closure and post-closure cost estimates and FAM.
The related documents and links are listed below:
Exhibit D file size 7MB
New Ventures' May 20, 2010 cost estimate for the closure and post-closure activities at the landfill, submitted to MassDEP in response to the Court's (J.Cratsley) order of March 30, 2010
New Ventures May 27, 2010 opposition and exhibits to the Commonwealth's May 19, 2010 Motions
In addition, MassDEP is updating the web page to include the following:
A letter, dated May 21, 2010, from New Ventures' attorney, Mr. Richard A. Nylen, Jr., to the Attorney General's Office requesting an extension to the deadlines under the Force Majeure provisions of the Final Judgment for completing the construction of the berm and the closure of the landfill:
Crow Lane Landfill Project Update - May 26, 2010
MassDEP is updating the webpage today to include the Massachusetts Attorney General's May 19, 2010 motion and brief, filed on behalf of the MassDEP in Suffolk Superior Court on May 21, 2010, to find that New Ventures LLC, is in contempt of a March 30, 2010 ruling by Suffolk Superior Court Judge John C. Cratsley, for failing to submit for MassDEP approval a full and complete cost estimate to cap and close the landfill and conduct post-closure activities. The motion requests the court to order New Ventures to pay a civil penalty.
The webpage update also includes the Attorney General's May 19, 2010 motion and brief, filed on May 21, 2010, requesting that the court find New Ventures in default of its obligation to close the Landfill, including making necessary engineering changes to the landfill's perimeter berm design as required by the April 2009 final judgment. The motions and briefs are included below.
May 19, 2010 Motion and Brief for Contempt
May 19, 2010 Motion and Brief for Default
Crow Lane Landfill Project Update - April 28, 2010
MassDEP is updating the web page today to include the following:
- A letter, dated April 16, 2010, from the Attorney General's Office to New Ventures, regarding New Ventures' Landfill closure obligations.
- A letter, dated April 26, 2010, from New Ventures attorney, Mr. Richard A. Nylen, Jr., in response to the MassDEP's notice, dated April 17, 2010, regarding the FAM and the Attorney General's Office letter, dated April 16, 2010.
Crow Lane Landfill Project Update - April 21, 2010
MassDEP is updating the web page today to include the following:
A 14-day default notice issued on April 17, 2010, by MassDEP to New Ventures under paragraph 6(a) of the Trust Agreement for the Landfill's Financial Assurance Mechanism ("FAM") in part, for New Venture's failure to complete the modification of the mechanically stabilized earthen berm design as required by the Final Judgment.
Crow Lane Landfill Project Update - April 7, 2010
MassDEP is updating the web page today to include the following:
The Decision issued on Friday, April 2, 2010, by Superior Court Justice John C. Cratsley on the Attorney General Office's March 25, 2010, Emergency Motion granting the MassDEP and its contractors access to the Landfill to repair/replace the Flexible Membrane Liner (the "FML" cap) and gas extraction wells damaged by a wind storm on February 25, 2010.