Updated 2/2/10

Crow Lane Landfill Chronology
Through February 2, 2010

Note: Constructed from documents and news reports and may not be complete. Has not been verified and may contain errors.

2/2/10	News article in The Daily News of Newburyport reports that on 1/29/10 the Mass. Department of Environmental Protection (DEP) received a response from the landfill owner challenging the 1/26/10 DEP order. In the story, the Newburyport mayor states, "They're challenging some of the statements, and others they're saying they'll investigate." A spokesperson for the DEP would confirm only that DEP had received the landfill owner’s response and that “the state is reviewing that letter and is continuing to have discussions with the attorney general's office on the response.” The article also recaps the history of DEP penalties imposed at the landfill: New Ventures had been fined a total of $264,800 in penalties by the DEP since 2000, most of which has been allowed to go unpaid. As of August, $75,000 had been paid to the state, $14,800 was under appeal and $175,000 considered "suspended penalty," fines that will be waived if New Ventures meets performance milestones outlined for the capping.
2/2/10	Letter to editor in The Daily News of Newburyport urges the City of Newburyport to “hire a law firm with industry-leading legal, engineering, and environmental experience with specific and clear skills in the nature of litigation of landfill permits, operations, nuisance and health threats.” The letter continues, “This is the time to approach the issue as if it will not be resolved unless the city (that's right, the city) takes a proactive, responsible, and assertive approach.”
1/29/10	News article in The Newburyport Current reports about the 1/26/10 Mass. Department of Environmental Protection (DEP) order requiring the landfill owner to correct conditions at the landfill within 72 hours. An accompanying article reprints several email messages by affected residents and city officials describing physical and emotional effects of the landfill gas and frustration with government agencies who should be protecting the public.
1/27/10	News article in The Daily News of Newburyport reports about the 1/26/10 notice issued by the Mass. Department of Environmental Protection (DEP) and says the odor from the landfill has reached “unbearable levels.” The article states that the settlement agreement of 5/27/09 was meant to fix problems at the landfill, “but problems have persisted, and the past week or so has been one of the worst for the landfill’s several hundred neighbors.”
1/26/10	Mass. Department of Environmental Protection (DEP) notifies the landfill owner that he is not complying with 5/27/09 settlement agreement and final judgment. The notice lists the following items, stating that the list may not be complete: · Failure to locate and control releases of hydrogen sulfide and other gases. · Failure to extract landfill gases at a sufficient rate for proper operation of the gas system. · Failure to operate the gas collection system at a vacuum sufficient to control emission of gases. · Failure to adjust the gas system or take other measures to prevent release of gas and to meet the gas system performance requirements of the settlement agreement and final judgment. · Failure to keep the gas system in good working condition by repairing and maintaining the extraction wells, header lines, condensate collection system, pretreatment system and the enclosed flare. · Failure to remove moisture from the extraction wells and to drain condensate from the gas pretreatment system. · Failure to remove and recharge the media that removes hydrogen sulfide from the landfill gas. · Failure to keep the required inventory of spare parts at the site. The order requires the landfill owner to take specific action to correct the non-compliance within 72 hours. The notice states that if the landfill owner fails to take action, the DEP “reserves the right to draw funds against the Trust Fund Property for any actions conducted by MassDEP.”
1/25/10	News article in The Daily News of Newburyport reports, “For about three weeks, odors of hydrogen sulfide have grown worse, plaguing neighbors and causing health problems. For more than five years, the neighbors have dealt with these odors, which cause nausea, headaches, watery eyes and sinus infections, among other ailments.” The same article reports that the city councilor representing the ward containing the landfill says the odor is getting worse and he wonders why the state has yet to take action to solve the problem, which has been identified. The article quotes the councilor: "Here we are, three or four weeks later and they're not addressing [the problem] and that's a concern. I can't even imagine what some of these residents are going through right now. It's absolutely ridiculous." The article also quotes a spokesperson for the Mass Department of Environmental Protection: "We're unhappy that this is happening; obviously we want to do what we can to find these types of breakouts. … Unfortunately, the owner is denying that there is a problem at this point."
1/25/10	Newburyport city councilor representing the ward containing the landfill tells the other city council members that the council must help him become more proactive in protecting neighbors of the landfill and should discuss hiring an environmental lawyer t help them do so.
1/23/10	Hydrogen sulfide monitoring station maintained by the Mass. Department of Environmental Protection on Charmanski Dr. in a residential neighborhood records hydrogen sulfide level of 57 parts per billion at 7:55 pm.
1/21/10	Hydrogen sulfide level of 17 parts per billion (ppb) is measured on Charmanski Dr. in neighborhood south of landfill. At 11 pm, the mayor reports by email to residents, “There are currently two techs on site trying to figure out where the blows are coming from, I will continue to monitor the situation and will call DEP in the AM.”
1/17/10	City councilor representing the Newburyport ward containing the landfill reports by email to landfill neighbors: Mayor Holaday and myself have been in contact with the DEP this afternoon and have asked them to have a representative from NV inspect the flare tonight. We have also let DEP know that we are very concerned with the recent odors and flare malfunctions over the last few weeks. The mayor has asked DEP to give the city an assessment of what the problems are and how they will be addressed. I will get out any other info when I get it from Mayor Holaday or the DEP.
1/16/10	Hydrogen sulfide monitoring station maintained by the Mass. Department of Environmental Protection on Charmanski Dr. in a residential neighborhood records hydrogen sulfide level of 63 parts per billion at 6:49 pm.
1/15/10	News article in The Newburyport Current reports that the Newburyport mayor is setting up a meeting with the Mass. Department of Environmental Protection (DEP) to address continuing issues at the Crow Lane landfill. The article states the mayor is concerned because “portions of the landfill were left uncovered, which is allowing hydrogen sulfide breakouts to continue to plague landfill neighbors.” The same article reports that city officials have not yet seen the final design plan for the landfill berm enclosing the “massive pile of debris” in the landfill, and that neighbors “doubt the stability of that berm and fear it could collapse long after New Ventures has capped and closed the area.”
1/15/10	Item on Port Reporter Unlimited, a Newburyport web log, reports that an explosion occurred at the Crow Lane landfill on 1/14/10. The writer comments, “this is really - I was going to say ‘getting out of control’ but it has been out of control for some time.”
1/8/10	News article in The Newburyport Current reports that about April 30, 2009, the landfill owner “made new promises to minimize odors and respond to complaints from the neighborhood. But the odors never have stopped. And on New Year’s Eve [December 31, 2009], it wasn’t anyone from New Ventures out looking for a suspected hydrogen sulfide outbreak that was causing the fresh wave of miserable smells; it was [Newburyport] City Councilor Brian Derrivan. He eventually found the source of the gas leak and had New Ventures staff come and cover the spot with dirt.”
1/5/10	News article in The Daily News of Newburyport reports that the new mayor, sworn in yesterday, said the capping of the Crow Lane landfill will be "a high priority for my administration.”
12/17/09	News article in The Daily News of Newburyport reports, “Odor outbreaks continue to plague the neighborhood surrounding the Crow Lane landfill.” According to the article, the landfill capping continues toward completion, “but the process continues to cause odor problems due to the overwhelming presence of hydrogen sulfide in the air, causing neighbors to battle health issues, including headaches, sinus problems, nausea and itchy, watery eyes.”
12/11/09	Press release from the Mass. Executive Office of Environmental Affairs announces that the governor “will seek greater authority for MassDEP to intervene in problem landfills, such as the one on Crow Lane in Newburyport.”
11/18/09	News article in The Daily News of Newburyport reports that the landfill owner has filed a response to the lawsuit brought by residents on Oct. 20, 2009.
11/9/09	Newburyport city council votes unanimously for a resolution asking the Mass. Attorney General’s Office to more aggressively pursue contempt actions and further legal action to protect city residents from the effects of the landfill capping process.
11/5/09	At a public meeting in Newburyport City Hall, Mass. DEP officials tell the Newburyport city council that the landfill cover will be completely in place by the end of November, 2009, and that this will halt the hydrogen sulfide odors now emanating from the landfill. The officials also state that the landfill capping will be completed by the end of May, 2010, and that a post-closure plan will be filed by the middle of June, 2010. The officials also state that the post closure plan will be provided to the city for public review and response. The officials also assure the council and the public that exposing the plastic covering to sunlight over the winter will not degrade the material.
10/23/09	News article in The Newburyport Current reports, “Odors have been terrible in and around the neighborhood of the Crow Lane landfill for the last two weeks – even worse than usual – and neighbors have suffered a rash of the same health problems they’ve endured for years.” The article continues, “those issues could signal the end of the landfill-capping project.” The Newburyport city councilor for the ward containing the landfill states in the article, “by the end of this week, they should be done covering this landfill.” The article also points out “uncertainty about the berm that supports the enormous pile of construction waste.” It says: The state DEP has identified several problems with the design and content of the berm, and this week, as neighbors were holding their noses, there was growing concern about the potential for landfill collapse.
10/20/09	Lawyer for about 85 Newburyport residents files a lawsuit in Essex Superior Court asking compensation by the landfill owner for years of problems that have prevented the residents from enjoying their property.
10/15/09	News article in The Daily News of Newburyport reports, “Workers yesterday started laying down one of two liners that will cover the Crow Lane landfill within a few weeks.” The article says, “The liners are to help eliminate the odors from the landfill that have plagued the Crow Lane neighborhood for years.” It continues, “This week in particular, the odors at the site have been rampant, as trenches were opened during the capping process, allowing odors to once again escape into the air.” The Newburyport mayor is quoted as saying, “Today, the odors are pretty bad out there. … It is not pleasant out there today at all.” According to the article, the Newburyport mayor thinks placement of the liners “means the odors will be eliminated one month early. That is an excellent thing.” He added, “The reality is, it’s working toward the end.”
10/15/09	In an email to residents near the landfill, the Newburyport Health Director states: The final grading and shaping should be completed next week and final FML cover in place by the end of October. The remainder of the berm and final vegetative cover will most likely be completed in the spring. I anticipate work on the berm will be on going during the winter. A final approval is still pending for the berm design from DEP. I know this has been a long road but I believe the end is in sight and the odors should be eliminated once the FML is completed.
9/8/09	City councilor representing the Newburyport ward containing the landfill reports by email: I just got news that starting next Monday [9/14/09] NV will begin to install the FML [impermeable fabric sealing the top surface of the landfill] to the remainder of the landfill. There have been questions raised about when NV will finish bringing in C&D [construction and demolition debris]. The thinking was that the final trucks would finish sometime late in July. I would estimate that there are fewer than 100 trucks to fill the haul road but with NV only bringing in 7 to 10 trucks per day the time line keeps getting pushed back. NV has not been generating C&D in Everett because of the construction downturn but I have been told that things should pick up next week.
9/4/09	News article in The Newburyport Current reports that problems still plague the landfill “despite a slew of promises from local and state officials.” The report continues, “[During a meeting with residents on July 24] DEP officials offered landfill neighbors their sympathy and assured them that controls for the project were in place… For the growing number of people affected by the landfill project, things only got worse.” Describing a resident’s expression of thanks for one recent day when no odors were reported, the article says, “It was a short-lived reprieve, and odors and health complaints are now part of the morning trip to school for some Newburyport students.”
9/4/09	News article in The Newburyport Current reports about the constantly shifting timeline for ending the dumping of construction debris at the Crow Lane landfill. It describes a July 1 email from the city councilor representing the ward containing the landfill and estimating that dumping construction debris would cease in 2 to 3 weeks. On July 24, the DEP changed the estimate to 2 to 3 weeks from July 24. On August 24, an email from a city councilor who had investigated the schedule stated that an additional 1 to 2 weeks would be needed.
8/17/09	Responding to an inquiry by an officer of the Parker River Clean Water Association, the Mass. DEP Chief of the Solid Waste Management Section of the Northeast Region states via email that the landfill stormwater management design is adequate for dealing with a 100-year storm event.
8/10/09	News article in The Daily News of Newburyport reports that Newburyport mayor regrets not issuing the order reopening Crow Lane landfill sooner. The 4/30/09 order was a necessary step for allowing an additional 70,000 cubic yards of demolition debris to be dumped at the site by the landfill owner and was opposed by a majority of the city council and people living in neighborhoods around the landfill. In the article, the mayor says, "My biggest mistake is having waited for this long to do it." The same article notes, "As the closure continues toward a fall deadline, odors are once again surfacing and causing health problems and nuisances for the neighborhood."
8/5/09	News article in The Daily News of Newburyport reports, “Odors coming from the Crow Lane landfill are only getting worse as the state works to get a contract in place to perform air-quality testing. … The stench is still affecting those who have been dealing with it for five years.” The same article states that the Newburyport mayor has decided “not to impose the $1,000/day fine against [the landfill owner], as it could set the city up for another legal battle.” The fines could be imposed under a noisome trade law site assignment issued by the Newburyport Health Department on 1/6/06. Before asking the Newburyport Health Director to issue an administrative order reopening the landfill on 3/25/09 in violation of community host agreement requirements for city council approval, the Newburyport mayor had stated that the noisome trade site assignment would protect the residents from activities that produce noxious fumes.
7/24/09	Mass. DEP notifies landfill owner that the geotechnical investigations (berm borings and analysis) required by the April 30, 2009, final judgment indicate that a modification of the proposed mechanically stabilized earth (MSE) berm supporting the landfill is required. The investigation revealed organic materials found in the northwest portion of the existing berm, thin and loamy soils on the surface at the foot of the existing berm, and evidence that settlement could affect the stability of the proposed MSE wall above the earthen berm. The DEP requests that the modified design be a full design for the entire MSE berm “supported by a complete geotechnical analysis that fully addresses all relevant physical conditions at the site.”
7/24/09	Editorial in The Daily News of Newburyport states: Newburyporters should ... be skeptical of what they heard and what happened [during the governor’s 7/21/09 town hall meeting in Newburyport ], and no issue resonates more in this regard than Newburyport's Crow Lane landfill. It was a year ago that city councilors and neighbors brought the landfill's many ugly issues directly to the governor's attention, at a Town Hall-style meeting in Amesbury. There were promises made and sympathetic gestures given. A year later, the governor was unaware of what was going on at Crow Lane, which he readily admitted in an editorial board meeting with The Daily News. On the other side of town, his commissioner of environmental protection was walking over the landfill, again with promises and sympathetic gestures. When the governor was asked about the stench-plagued landfill at the town hall forum, he was able to turn to his commissioner for answers. It was an effective way to diffuse criticism, but no one should be lulled into thinking that Newburyport wasn't played a fool on that issue. This kind of high-level, hands-on concern should have been shown long ago. It was political show.
7/23/09	Landfill gas reaches the Turkey Hill Road area of Newburyport , about 2/3 of a mile west of the landfill, causing more than 10 complaints to police and city hall. Residents formerly unaware of the landfill hydrogen sulfide odor call the gas utility company and the Newburyport Sewer Department.
7/22/09	The city councilor representing the ward where the landfill is located states that the current odor complaints are caused by the landfill operator digging in the haul road on the landfill and that residents “should expect some odors.”
7/21/09	Mass. DEP officials visit the landfill and hold public meeting at Newburyport City Hall. They announce that, within a few days, a DEP-contracted engineer will be present at the landfill at least five days per week to monitor operations until such oversight “is no longer needed.” They also promise to perform hydrogen sulfide monitoring in more locations in neighborhoods around the landfill and to conduct a suite of air quality tests to identify the burning odor reported by many residents. A DEP official states that a fire within the landfill caused by spontaneous combustion is unlikely because of the lack of oxygen in the landfill and the lack of any visible smoke. The DEP officials project the landfill will be completely capped by the end of 2009, including the covering membrane and the berm structures. They say the landfill will be loamed and seeded in the spring of 2010. The DEP officials report that the analysis of borings taken to assure the landfill berm is strong enough to support the wall structures to be built on the berm show that modifications must be made to the design of the landfill because of clay found under the berm. The officials say the redesign and changes to the plan will not affect the closing dates they have predicted. When asked about the landfill materials currently on city property on Crow Lane, the Newburyport mayor states that many contractors place their materials on city property during construction and he has a letter from the landfill owner promising to remove those materials from city property before the landfill is closed.
7/16/09	News article in on-line edition of The Newburyport Current reports that the landfill odors “are so noxious” that a city councilor for the ward in which the landfill is located asked the mayor to request that the state DEP shut down the landfill-capping project on July 10. The news article said the mayor did not say “no” to the request, but nothing has changed since then. The mayor did not respond to telephone calls from The Newburyport Current reporter seeking comment about the request from the councilor. “I wouldn’t say things have improved either,” the councilor said on July 15, according to the article. “They’re working on it, but it doesn’t seem to be working [reducing the odors] at this point.”
7/15/09	Eleven email and telephone odor complaints were recorded by the email chain among city residents and officials.
7/13/09	News article in The Daily News of Newburyport reports that one city councilor characterizes the mayor’s 7/2/09 answers to the council’s 6/29/09 list of questions as “general information that we were already aware of” and that the answers “lacked specifics.” The councilor stated that “the residents are being subjected to the hydrogen sulfide” and that “we have problems with the closure protocol.” The councilor explained, “What the council is looking for is a detailed protocol for exactly the situation we’re in now.... 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.” The report said the councilor was referring to reports from residents that the odors from the landfill “have once again caused health impacts, including burning eyes, congestion and sleeplessness, among other issues.” A second councilor interviewed for the story said a new odor had emerged. “’It’s not hydrogen sulfide from what I understand,’ she said, referring to reports from the mayor and neighbors.”
7/10/09	News article in The Newburyport Current reports that odor from the Crow Lane landfill ruined the July 4 holiday for many residents. The article states, “it was a day filled with calling in odor complaints to the landfill owner... For neighbors, it’s the same-old, same-old and what they are coming to expect on a holiday weekend.” According to the article, residents had also noted discrepancies between the hydrogen sulfide readings shown on a meter in the neighborhood and the hydrogen sulfide readings reported by the landfill owner to the DEP. Because of the discrepancies, residents asked the Newburyport director of public health to investigate, but the director was out of the office for the week. The article quotes the mayor as stating that complaints could be due to the gas collection system at the landfill, which “maybe needs some tweaking.”
7/2/09	Newburyport mayor replies to city council with answers to several of the questions asked by the city council on 6/22/09. Several other questions are not answered and deferred to the city’s lawyer.
6/29/09	Odor complaints submitted by residents, along with report of eight to ten trucks lined up on Crow Lane in apparent violation of operating rules.
6/22/09	Newburyport City Council requests explanation of landfill operating rules and project status from mayor.
6/20/09	Hydrogen sulfide level of 6 parts per billion recorded in residential area near landfill.
5/11/09	Independent lawyer hired by the city council reports that the host community agreement remains valid and enforceable in spite of the administrative order issued by the Health Department on 3/25/09. The council receives the lawyer’s report and councilors state they will meet to discuss options in the near future.
5/2/09	News article in The Daily News of Newburyport reports that residents doubt terms of the new agreement between the landfill company and the Mass. DEP will be observed for long.
5/1/09	Trucking of demolition waste into landfill resumes.
4/30/09	Final judgment issued by Suffolk Superior Court Agreement signed by landfill owner and the Superior Court judge setting conditions to permit trucking of additional demolition waste into landfill to resume immediately. Judgment requires test borings to verify stability of landfill berm foundation to be completed within 15 days and waives several fines if deadlines for closure activities in the judgment are met.
4/23/09	The day before the start of the trial for its complaint filed on 11/14/08, the Mass. attorney general withdraws its complaint without explanation. The complaint had stated that the landfill owner was ignoring the 2006 preliminary injunction requiring it to control leachate breakouts, respond to odor complaints and properly operate the gas collection and treatment system at the landfill.
4/13/09	News article in The Daily News of Newburyport reports that the Newburyport mayor is limiting the city council to $5,000 in legal fees for the purpose of examining the legality of his actions to override the council’s ability to limit landfill volume specified in the 2002 host community agreement.
3/30/09	Newburyport city council votes to hire an independent lawyer to review the mayor’s action to override the council’s power to limit volume trucked into the landfill by entering into another agreement with the landfill owner and the Newburyport Health Department issuing an administrative order directing the immediate closure of the landfill.
3/27/09	Editorial in the Newburyport Current states that the mayor’s agreement with the landfill owner is “not only troubling, it’s humiliating.”
3/25/09	Newburyport Health Director issues an administrative order directing the landfill owner to “immediately undertake closure of the landfill.”
3/23/09	Newburyport mayor signs agreement with landfill owner. The agreement contains states that, after the landfill capping is complete, the landfill owner will sign an agreement not to sue the city for allegedly dumping sewer sludge in the landfill. The agreement also prevents the city from halting the capping process unless it can show "an imminent threat to health and safety." The agreement further requires several days of negotiations before the owner can be forced to correct any conditions or behavior to which the city objects.
3/23/09	Editorial in The Daily News of Newburyport states that the Newburyport mayor is “steaming ahead with an administrative order.” The editorial asks “why the rush?” and suggests that the state’s willingness to continue the legal battle against the landfill owner ought to be given a chance.
2/25/09	News article in The Daily News of Newburyport reports that the Newburyport mayor is waiting “for more information from the state’s Department of Environmental Protection and the state’s attorney general’s office before deciding whether to proceed with filing an administrative order.” The order would allow more materials into the landfill without obtaining the city council approval required by the host community agreement between the city and the landfill owner.
2/25/09	News article in The Everett Independent reports that an Everett alderman attempted to hold the Everett mayor accountable for his comments that the piles of construction debris causing odor problems and Everett would be moved to Newburyport soon. According to the article, the Everett mayor conceded that he should not have spoken publicly about his discussions with the Newburyport mayor about moving the Everett debris to the landfill in Newburyport.
2/23/09	Newburyport mayor, city lawyer and director of public health meet with Mass. DEP and attorney general’s office officials to discuss the use of an administrative order to allow more materials into the landfill without obtaining city council approval.
2/17/09	The lawyer for the City of Newburyport responds to the landfill owner’s 1/7/09 letter demanding reimbursement for landfill closure costs under Mass. General Law 21E. The city’s letter states that the landfill owner failed to provide adequate evidence that the city is liable for such costs;
2/7/09	Item in Port Reporter Unlimited (a Newburyport web log) reports the Newburyport mayor announced at a meeting on 2/5/09 that he is awaiting an agreement from the landfill owner for the city to review. If that agreement is satisfactory to the mayor, he will ask the board of health to issue an administrative order allowing the landfill owner to dump additional construction debris at the landfill. According to the mayor, the board of health order will supersede the current limit on volume imposed by the community host agreement between the city and the landfill owner, effectively nullifying that limit unless the city council takes legal action against the mayor.
1/28/09	In an email to several citizens, the Newburyport mayor explains that the 1/26/09 statement by the Everett mayor about a Newburyport board of health order to resume trucking from Everett to Crow Lane was based on “an acute misunderstanding.” He also said he is considering taking action by using such an order and is meeting with city councilors to discuss that option.
1/26/09	Everett mayor informs the Everett board of aldermen that the Newburyport mayor is in the process of obtaining an order from the Newburyport board of health to reopen the landfill and accept the construction debris causing odor problems in Everett. According to the Everett mayor, the Newburyport mayor said the order by the Newburyport board of health will not require approval by the Newburyport city council and any attempt by the city council to block with order will probably fail.
1/23/09	News article in The Newburyport Current reports that the Newburyport mayor and the Ward 5 city councilor went to the Crow Lane landfill Monday night “after a week of complaints from landfill neighbors about the stench.” It also reports that the Newburyport Health Director and a DEP official inspected the site on Tuesday and that the DEP official will inform the Massachusetts Attorney General’s office about conditions there. The Ward 5 city councilor expressed disappointment with the DEP and Attorney General, saying, “They haven’t done their jobs.”
1/14/09	Newburyport mayor sends a memo the city council stating that he “cannot embrace” the concept of taking action on the landfill via the eminent domain process. He states that he wants to meet with each city councilor to “discuss our options on this very important issue.”
1/12/09	Newburyport mayor informs the city council that he received the demand letter from the landfill owner “regarding 21E issues.” He says the letter demands the city pay 90 percent of the cost of capping the landfill.
1/7/09	Landfill owner’s lawyer sends letter to City of Newburyport demanding that the city reimburse the landfill owner for 90 percent of all costs incurred to date and to contribute 90 percent of all ongoing costs for future response actions to prevent hazardous materials from escaping from the landfill into the environment.
1/9/09	News article in The Newburyport Current reports that Suffolk Superior Court denied the Mass. Attorney General’s 11/26/08 request for an expedited trial for the complaint filed on 11/14/08.
12/12/08	Editorial in The Daily News of Newburyport states, “[Newburyport Mayor] Moak thinks the most realistic way to [cap the landfill] is to deal with the pirate-flag-flying management at New Ventures. And the City Council thinks New Ventures can't be fully trusted, based in large part on past experiences the city has had with the firm. Councilors seem to think the state should be playing a bigger role in this.” The editorial ends with, “We're playing hardball, and the message needs to be clear. This landfill needs to be capped correctly and quickly. And there will be zero tolerance for the kind of baloney New Ventures has been pulling for years.”
12/8/08	Newburyport mayor withdraws the proposed agreement between the city and the landfill owner from the city council agenda. One councilor says the agreement was highly unlikely to receive city council approval.
12/4/08	Newburyport mayor announces he is submitting an agreement between the city and the landfill owner to the city council for approval at the 12/8/08 council meeting. The only difference between the agreement being submitted on 12/8 and the agreement shown to the city council on 10/23/08 is that the 12/8 agreement calls for the landfill owner to perform air monitoring, water monitoring and grass mowing for the first year after closure.
12/2/08 (approx)	Newburyport director of public health meets with Everett city officials to explain how Newburyport had been able to succeed in taking action against the landfill owner.
12/2/08	News article in The Daily News of Newburyport reports that the city councilor representing the city ward where the landfill is located has asked the mayor to stop negotiating with the landfill owner about hauling more construction debris into the landfill. The councilor says the agreement being proposed by the mayor “would not have the support of the council.” The report says the mayor has not yet decided whether to present the agreement to the city council for approval.
11/28/08	Massachusetts Department of Environmental Protection notifies the landfill owner’s lawyer that the DEP inspected the landfill on 11/26/08 and 11/27/08 and found 12 violations of the preliminary injunction of October 20, 2006 and amended on November 1, 2006, and February 22, 2007. These violations included failure to operate the gas collection system and staff the landfill 24 hours a day and 7 days a week, failure to repair and maintain the gas collection system, failure to consistently operate the pretreatment system to meet the required performance standards, failure to pump leachate from the collection tanks, failure to remove leachate from the abutting wetlands, failure to provide DEP with daily landfill gas sampling data, failure to submit weekly inspection reports, and failure to report and respond to odor complaints.
11/26/08	Massachusetts Attorney General’s Office files a request in Suffolk Superior Court to expedite the trial for the complaint filed on 11/14/08. The request asks for a trial date in January, 2009, instead of April, and states that “an expedited trial on the defendant’s flagrant contempt of this court’s order is necessary and appropriate to prevent ongoing harm to public health and the environment.” The request further states that the landfill owner is “causing damage to the environment which cannot wait five months to be addressed.”
11/21/08	Suffolk Superior Court judge schedules trial for Massachusetts Attorney General’s Office complaint against the landfill owner for April 23 and 24, 2009. According to a news article in The Daily News of Newburyport, the five-month delay is necessary because the judge in the case “does not have two consecutive days free in December.”
11/14/08	Massachusetts Attorney General’s Office files a complaint against the landfill owner in Suffolk Superior Court. The complaint states that the company is ignoring the 2006 preliminary injunction requiring it to control leachate breakouts, respond to odor complaints and properly operate the gas collection and treatment system at the landfill. A press release from the Attorney General’s Office states, “The complaint asks the court to direct New Ventures to take steps to control leachate (a foul smelling liquid that drains from the landfill), respond to odor complaints, and to operate the landfill gas control system to properly filter noxious hydrogen sulfide emissions which continue to threaten the health and safety of people living near the facility.” The press release also states that the landfill owner “has a long history of repeatedly failing to comply with the requirements set forth in the 2006 preliminary injunction, resulting in odor problems and landfill capping delays.” News article in The Daily News of Newburyport reports that the landfill owner will be required to appear in court on November 21 to respond to the complaint.
11/3/08	Editorial in The Daily News of Newburyport praises Newburyport officials and citizens who attended the hearing in Everett on October 29, saying the landfill owner’s associates “have been telling Everett people half truths, if not outright lies, about the reason why that stinking pile is stuck in Everett. They blame it on Newburyport, but they conveniently fail to point out that New Ventures has broken the agreement it has with Newburyport again and again and again over the past five years.” The editorial further states that “Negotiations and attempts at reconciliation seem to go nowhere with Thibeault and his company,” and asks, “we have a company that is causing frequent physical malady to humans — including nausea, nosebleeds and headaches — and there's nothing to be done but ‘negotiate?’ ”
10/30/08	News article in The Daily News of Newburyport reports that neighbors of the landfill consider the proposed agreement between the landfill owner and the city presented to the city council on 10/23/08 to be worse for the city than the one rejected by the council on 6/18/08. One resident said it appears to have been written by the landfill owner’s lawyer “with no consideration for the city whatsoever.” Another described it as “very very weak.” The mayor said he really likes the agreement, in part, because it gives the city the responsibility to make sure the landfill owner “fixes what needs to be fixed, without having to go to a middleman.”
10/29/08	Several Newburyport residents and two Newburyport city councilors attend a public hearing in Everett to discuss approvals for projects being proposed there by the landfill owner. Several Newburyport residents describe the history of dealing with the landfill owner in Newburyport . Some Everett officials have claimed that hydrogen sulfide odor complaints in Everett are being caused by Newburyport officials’ refusal to allow an increase in the amount of material the landfill owner can deposit at the landfill.
10/24/08	News article in The Daily News of Newburyport reports the details of the proposed agreement between the city and the landfill owner and that several city councilors have expressed concern about the agreement.
10/23/08	At a special meeting of the Newburyport city council, the mayor presents a draft agreement between the landfill owner and the City of Newburyport. Under the agreement, the landfill owner will not make any claims against the city under Mass. law 21E for materials deposited at the landfill if the city will allow a 70,000 cubic yard increase in the volume of the landfill over and above the 2002 agreement and to increase the number of truckloads delivered to the city from 35 per day to 70. The agreement also states that landfill owner’s promise not to make claims will cease to remain in effect if the city takes any action against the landfill owner that delays closure of the landfill unless the action is required because of an “imminent threat to public health and safety.” The mayor describes the proposal as “a good agreement” and asks the city council to consider it. The city council agrees to consider the proposal and to vote on it at a later meeting.
10/17/08	The Newburyport mayor emails members of the city council to inform them about a new draft agreement between the city and the landfill owner for allowing the landfill owner to start hauling more construction debris into the Crow Lane landfill. The mayor requests a special meeting of the city council on October 23 to discuss the agreement, but he does not include the agreement with his email message.
9/20/08	News article in The Daily News of Newburyport reports that increasing hydrogen sulfide odor complaints from neighborhoods around the landfill have motivated the Newburyport mayor to ask the city’s lawyer to meet with the landfill owner for coming up with an agreement to allow more construction debris to be dumped at Crow Lane in exchange for closing the landfill.
9/15/08	News article in The Daily News of Newburyport reports that “city officials will work to get some progress at the Crow Lane landfill.” The city councilor representing the area where the landfill is located said a meeting is being scheduled for the city council and others to discuss the situation. The article reports that the mayor said, “I think it’s time to have a little more public discussion on this. I’m actively trying to figure out a way to move ahead on this project.”
8/26/08	Mass. DEP notifies landfill owner’s lawyer that the landfill owner is in noncompliance with the preliminary injunction of October 2006. The notice lists 13 violations of the injunction, including unsatisfactory performance of the landfill gas treatment system, failure to operate the gas treatment system continuously, failure to pump leachate from the leachate collection tanks, failure to repair erosion damage, failure to report and respond to odor complaints, failure to submit inspection reports, and failure to man the site around the clock. The notice directs the landfill owner to “take such actions as are necessary to return to compliance with the Order.”
7/14/08	First hydrogen sulfide complaint in several weeks called into New Ventures from neighboring resident.
7/14/08	Suffolk Superior Court judge sets a schedule for arguing and deciding whether the secret settlement agreement between NV, the attorney general and the DEP should pre-empt the host agreement between the city and NV. The city attorney appears before the Newburyport city council and explains that the case will probably be decided in January, 2009, with several intermediate legal steps and requests for summary judgments to take place before then.
6/24/08	Mass. DEP, Mass. Attorney General and landfill owner’s lawyers appear in Suffolk Superior Court and tell the judge the necessary steps have been taken to include the City of Newburyport in negotiations taking place among the DEP, Attorney General and the landfill lawyers. The Attorney General informs the judge that a preliminary injunction is pending for the landfill owner’s property in Everett, MA. The judge sets a date of 7/14/08 for the city, NV, DEP and attorney general to come back for a status conference.
6/18/08	The Newburyport city council holds a special meeting to continue discussion about the proposed agreement with the landfill owner to allow more construction trash and truck traffic at the landfill. Council enters executive session for discussion with mayor and city lawyer. Council votes to reject the proposal presented by the mayor but asks the mayor to continue negotiations to obtain an agreement more beneficial to the city and residents.
6/7/08	News article in The Daily News of Newburyport reports that the mayor does not expect the city council to sign the proposed agreement drafted between him and the landfill owner. The city councilor for the ward where the landfill is located says the council will need more time to discuss the situation. He speculates, “If we were to vote now, ... it would not pass.”
6/5/08	Editorial in The Daily News of Newburyport urges city council to “stand firm against the landfill operator.” The editorial concludes, “It’s astounding that a company who has so mistreated the public can now find itself in a position of negotiation. That is not right. Newburyport knows who and what it is dealing with. There’s a clear track record to examine. The council should send a strong message to New Ventures.”
6/3/08	News article in The Daily News of Newburyport reports that Newburyport citizens delivered this message clearly at the previous night’s meeting: “Do not bow to the requests of [the landfill owner] to bring in more trash to the site, but instead stand up and fight.”
6/2/08	Newburyport city council holds a public hearing to listen to the landfill owner’s lawyer and to receive public input about the landfill owner’s proposal to promise not to sue the city for costs of closing the landfill in exchange for permission to increase the volume of the landfill and to increase the daily truck traffic. Prior to the opening of the hearing, the council entered a closed session to discuss a draft agreement to that effect developed between the mayor and the landfill owner. Councilors were instructed not to divulge the contents of that agreement. The council did not hold a vote to accept or reject the agreement, but instead concluded they need time to consider the details of the draft agreement and a separate, secret agreement between the landfill owner and the Massachusetts DEP.
5/16/08	Newburyport director of public health announces that the landfill owner has fulfilled all requirements necessary for accepting asphalt grindings at the landfill and trucks will start delivering asphalt grindings to the landfill on Monday, 5/19/08.
4/28/08	Newburyport director of public health notifies landfill owner’s lawyer that the Newburyport Health Department will suspend its current order preventing soil, asphalt grindings and berm materials from being delivered to the site. The notice includes several conditions that must be met within 30 days of resuming import of these materials, and states that the order will be reinstated if any of the conditions is not met within the 30 days allowed. The notice does not suspend an earlier order prohibiting construction and demolition materials from being delivered to the landfill.
4/21/08	Mass. Assistant Attorney General announces in court that the Mass. DEP, Mass. Attorney General, and landfill owner have come to an agreement about correcting problems at the landfill and the Attorney General’s suit against the landfill owner started on 11/14/07 will be dismissed. Details of the agreement are not finalized and will not be released to the public or City of Newburyport officials until the agreement has been signed by the parties and approved by the court.
4/10/08	News article in The Daily News of Newburyport reports that a Newburyport city councilor asked Governor Deval Patrick about the Crow Lane landfill during the governor’s visit to Newburyport the previous day. According to the article, “The governor said he wasn't familiar with the situation but said he would ‘relay the message to the team’ and get environmental officials working on the issue."
4/3/08	Landfill owner’s lawyer sends the Newburyport director of public health by fax a plan to resolve problems with leachate escape, to pump and inspect leachate collection system tanks properly, grade stockpiled soil to prevent landslides, place tarps over exposed areas of the landfill, maintain and operate the gas collection and treatment system, and properly implement all protocols as ordered by the Newburyport Health Dept. on 2/26/08.
4/3/08	Landfill ad hoc advisory committee presents a report to the Newburyport director of public health indicating that the landfill owner failed to submit the required landfill perimeter and landfill surface hydrogen sulfide measurements for 23 days during the month of March, 2008.
4/1/08	City of Newburyport dismisses its action in small claims court against the landfill owner filed approximately 2/29/08 for rent and damages to the recycling barn on Crow Lane because payment was received from the landfill owner’s lawyer.
3/28/08	Landfill owner’s lawyer meets with the Newburyport mayor and director of public health and promises to submit a plan to resolve problems with leachate escape, to pump and inspect leachate collection system tanks properly, grade stockpiled soil to prevent landslides, place tarps over exposed areas of the landfill, maintain and operate the gas collection and treatment system, and properly implement all protocols as ordered by the Newburyport Health Dept. on 2/26/08.
3/25/08	Editorial in The Daily News of Newburyport urges the state to take over the landfill and to prosecute the landfill owner if he deliberately turned off the gas collection system the previous week.
3/22/08	Newburyport director of public health visits the Crow Lane landfill, finds it unattended in violation of the Mass. DEP preliminary injunction, and notifies Mass DEP that the landfill is unattended.
3/22/08	Members of the mayor’s ad hoc landfill advisory committee update the city council about the landfill status.
3/20/08	Landfill owner and his lawyer fail to appear for a hearing to be held by the Newburyport Board of Health at the request of the landfill owner and his lawyer to appeal the order issued by the Newburyport Health Dept. on 2/26/08. Board of Health agrees to postpone the hearing.
3/20/08	Mass. DEP notifies the landfill owner that Mass. DEP is taking further steps to access the bond posted by the landfill owner. DEP will use the funds, if acquired, to operate the gas extraction and treatment system at the landfill.
3/19/08	Landfill gas collection and treatment system returned to operation.
3/19/08	City’s lawyer receives notice from landfill owner’s lawyer that the landfill owner intends to sue the city for costs of closing the landfill under Mass law 21E unless the city settles its recent cease and desist order. The letter requests a meeting with the city’s lawyer for discussion.
3/18/08	Newburyport director of public health notices that the landfill gas collection and treatment system has been deliberately turned off and the landfill is unattended in direct violation of the DEP preliminary injunction and other requirements. Director immediately notifies Mass. DEP about the condition. Mass. DEP notifies landfill owner’s lawyer that the landfill must be staffed and the gas collection and treatment system must be turned back on immediately.
3/14/08	Newburyport Board of Health issues a cease and desist order for failure of the landfill owner to comply with the board’s 2/26/08 order.
2/29/08 (approx)	Newburyport Health Dept. files a claim in small claims court for $2,000 to recover the rent due to city for September and October, 2007, use of the recycling barn on Crow Lane by the landfill owner and for repairing damage to the property.
2/26/08	Newburyport Health Dept. orders landfill owner to submit a plan within 7 days to resolve problems with leachate escape, to pump and inspect leachate collection system tanks properly, grade stockpiled soil to prevent landslides, place tarps over exposed areas of the landfill, maintain and operate the gas collection and treatment system, and properly implement all protocols. The plan must also provide materials management plan for soil being stockpiled. The order also requires that corrections be implemented by March 14, 2008.
2/7/08	Newburyport Board of Health issues a notice of violations to landfill owner and levies fines for nuisance odors and protocol violations in December, 2007, and January, 2008.
1/29/08	Newburyport director of public health sends reminder to landfill owner that plan to resolve issues listed in 11/29/07 letter is due.
1/25/08	Article in The Daily News of Newburyport reports that superior court granted a summary judgment the previous week confirming that the Newburyport board of health has authority to determine whether the Crow Lane landfill is a health risk or nuisance. The landfill owner had contended that the board had no such authority.
1/10/08	Newburyport mayor and director of public health meet with landfill owner to discuss and resolve issues in 11/29/07 letter. Landfill owner promises to submit plan for issue resolution in about 3 weeks.
12/4/07	Mass. DEP authorizes landfill owner to accept crushed concrete, asphalt grindings and soil at the Crow Lane landfill. The authorization notice states that the landfill owner does so “at its own risk because the design of the berm has not yet been approved.” The soil includes soil from the Winning Farm dump in Woburn and Winchester.
11/29/07	Newburyport mayor notifies landfill owner about damage to Crow Lane recycling barn (city property) being rented by landfill owner and about the landfill owner’s failure to pay rent for September and October, 2007.
11/29/07	Newburyport director of public health reminds the landfill owner in writing that all requirements of the 7/26/07 preliminary injunction must be fulfilled before the Newburyport Health Department will allow full operations to resume at the landfill.
11/29/07	Newburyport mayor notifies landfill owner that several community host agreement issues must be resolved before the owner will be allowed to resume full operations: · Payments due City of Newburyport from landfill owner · Repair of Crow Lane road surface · Encroachment of landfill materials onto Crow Lane · Removal of barrier placed across Crow Lane by landfill owner · Approval by Newburyport City Council of increased landfill volume · Approval by local boards for culvert proposed for installation across Crow Lane
11/14/07	Mass. Attorney General vs. landfill owner trial begins in Boston. Several Newburyport residents and city officials called to testify.
10/16/07	Mass. DEP issues a BUD (beneficial use determination) for 47,000 tons of questionable materials at the Winning Farm dump in Woburn and Winchester. Newburyport’s Crow Lane landfill is cited as one of the disposal sites for the material.
10/15/07 (approx)	Court rules that Newburyport Board of Health has power to issue a cease and desist order and a noisome trade site assignment.
10/4/07	City of Newburyport landfill attendant submits a list of about 60 protocol and injunction violations observed between 8/13/07 and 10/14/07.
9/20/07	Landfill owner’s lawyer notifies Newburyport director of public health that he will not attend today’s scheduled Board of Health hearing for appealing the 6/29/07 cease and desist order.
9/20/07	Suffolk Superior Court orders landfill owner to place a temporary clay cap on one area of the landfill to control infiltration of water and escape of hydrogen sulfide gas.
9/20/07	Mass. DEP obtains court order granting access to the landfill site for conducting response actions.
8/30/07	Neither landfill owner nor his lawyer attend a Newburyport Board of Health hearing they had requested for appealing the Health Department’s 6/29/07 cease and desist order. Board postpones hearing until 9/20/07.
8/16/07	Editorial in The Daily News of Newburyport characterizes the landfill owner’s claim that the city should pay for 95% of the closing costs as “nonsense” and an attempt to distract attention from the real cause of problems. The editorial says, “The DEP should step in and put an end to this nonsense immediately. ... The DEP assured the city last year that the agreement with New Ventures was enforceable. It must make good on that assurance.”
8/8/07	Newburyport mayor receives notice from landfill owner’s lawyer claiming that the city should pay 95% of the landfill closing costs because the landfill contains some municipal waste.
8/2/07	Newburyport director of public health formally notifies landfill owner that he is not in compliance with the superior court preliminary injunction issued on 7/26/07 and that, as a result, the cease and desist order issued by the Newburyport Health Dept. on 6/29/07 is still in effect. Remaining issues include lack of monitoring equipment available to city personnel, breaks in the landfill cover, high hydrogen sulfide levels, lack of leachate pumping and disposal documentation, lack of access to leachate tanks for determining levels, and lack of documentation to show good faith effort to properly weld the landfill cover.
8/1/07	Mass. DEP files complaint in Superior Court to gain permission to access landfill for remedial action.
7/26/07	Newburyport conservation commission agent receives report from engineering consultant on the stormwater management plan in the landfill amended corrective action design of 3/17/06. The report concludes the stormwater management system proposed does not meet DEP policy requirements, that the post-development discharge rates exceed the pre-development discharge for the 2-year storm event, that vernal pool inflows will be disrupted by the landfill, and that the plan lacks a revised operation and maintenance plan.
7/26/07	Superior Court issues preliminary injunction ordering landfill owner to seal the plastic landfill cover, install a hydrogen sulfide (Jerome) meter in the southwest corner of the landfill, place clay on the Phase I area of the landfill, and hire a contractor to weld the plastic landfill cover.
7/19/07	At a Newburyport Board of Health hearing, the landfill owner’s lawyer claims odors from the landfill are caused by the Mass. DEP’s cease and desist order and the lack of available soil.
7/16/07	Newburyport mayor submits citizen comments on 6/4/07 perimeter berm design revisions to DEP for the record. Comments point out lack of credible data to assure that the perimeter berm will not collapse after the landfill has been closed.
7/11/07	Newburyport board of health files a complaint in superior court and requests the court to order the landfill owner “to take immediate action to abate the public health nuisance resulting from the emission of hydrogen sulfide gas at the Landfill.”
7/10/07	Mass. DEP denies landfill owner’s request for more time to respond to the DEP 7/2/07 notice.
7/4/07	Mass. DEP notifies landfill owner’s lawyer that the owner is not in compliance with the 10/20/06 preliminary injunction for several reasons, including failure to mix demolition debris with soil properly, insufficient geotechnical evaluation of the perimeter berm design, improper operation of the gas treatment system, failure to install gas collection piping and plastic sheeting in certain areas of the landfill, and failure to take measures for controlling and managing contaminated surface water at the landfill.
7/4/07	Article in The Daily News of Newburyport quotes local state representative as believing the state is on a path for taking over the landfill.
7/2/07	Mass. DEP sends landfill owner a default notice stating that the owner has not conducted closure and corrective action activities required by earlier DEP notices and regulations.
6/29/07	Newburyport Board of Health issues a cease and desist order and levies fines for nuisance odors, lack of effective odor controls, failure to provide agreed-upon air monitoring equipment for city personnel to use, improper pumping and disposal of leachate, failure to mix soil with demolition debris properly, and failure to weigh trucks properly.
6/7/07	City of Newburyport landfill attendant submits a list of 21 violations of the 4/12/07 administrative order issued by the Mass. DEP. Violations include lack of litter control, lack of alarms on leachate collection tanks, poorly installed gas collection piping, lack of a plan to show locations of installed piping, contamination of the vernal pool across Crow Lane from the landfill, failure of the landfill owner to install a hydrogen sulfide meter in the southwest corner of the landfill, and “deplorable” conditions inside the city building being rented by the landfill owner.
6/5/07	Newburyport mayor, other city officials, the state representative, the state senator, and members of the mayor’s ad-hoc landfill advisory committee meet with the Mass. Secretary of Energy and Environmental Affairs in Boston to recommend a state-takeover of the landfill closure because of the troublesome performance and attitude of the landfill owner that is subjecting residents to chemical exposure, delaying completion and depleting city resources. Request is politely accepted but no action is taken.
4/17/07	Article in The Daily News of Newburyport announces that the Mass. DEP has fined the landfill owner $14,800 for violating the preliminary injunction.
4/12/07	Mass. DEP notifies landfill owner that it is not in compliance with the 10/20/06 preliminary injunction and its 11/1/06 and 2/22/07 amendments in about 12 areas. DEP issues notice to assess penalties for lack of compliance.
3/7/07	Mass. DEP issues notice of deficiency to landfill owner for inadequate geotechnical evaluation of the perimeter berm design.
3/2/07	Article in the Newburyport Current reports that some city officials fear that the landfill perimeter berm could collapse, allowing noxious gas to escape and contaminating surrounding wetlands.
2/22/07	Mass. DEP and landfill owner agree on and file another amendment to the preliminary injunction of 10/20/06.
2/22/07	Mass. DEP and Newburyport Health Dept. grant landfill owner permission to resume trucking demolition debris into the landfill.
2/14/07	Editorial in The Daily News of Newburyport calls for the state to take over the landfill.
2/12/07	Article in The Daily News of Newburyport announces that the Newburyport Board of Health has shut down the landfill operation for lack of a $20,000 payment due the city.
11/16/06	Mass. Attorney General notifies landfill owner about six additional issues and actions the owner must take to comply with the preliminary injunction.
11/15/06	Editorial in The Daily News of Newburyport calls for the state to take over the landfill.
11/1/06	Mass. DEP and landfill owner agree on and file amended preliminary injunction.
10/20/06	Mass. Attorney General obtains a preliminary injunction to control capping and closing of the landfill. The injunction contains more than 25 pages of requirements, protocols and deadlines. A press release from the Attorney General’s office states: Attorney General Tom Reilly today obtained a preliminary injunction against the operator of the Crow Lane landfill in Newburyport. AG Reilly filed a lawsuit in February [2/23/06] against the operators who ignored enforcement orders by Massachusetts Department of Environmental Protection (MassDEP) and the City of Newburyport. The operator's actions have resulted in the release of hydrogen sulfide gas from the landfill in violation of Commonwealth's solid waste and air pollution laws.
10/8/06	Boston Herald article describes effect of hydrogen sulfide on neighbors of the landfill owner’s facility in Everett, MA.
9/28/06	City officials meet with Mass. DEP and Mass. Environmental Affairs Secretary to voice concerns about the state’s plan to use a preliminary injunction instead of taking over the landfill. State officials insist the preliminary injunction is the only practical solution.
9/15/06 (approx)	Newburyport city council sends a letter to the Mass. Environmental Affairs Secretary rejecting the proposal for a preliminary injunction and requesting a meeting to discuss a “more sensible” solution.
9/14/06	Officials of the Mass. DEP and Attorney General’s office meet with Newburyport officials and the public in Newburyport City Hall to announce they will not take over the landfill and instead will enter into a preliminary injunction to assure prompt and proper closure of the landfill by the owner. Decision is met with vocal disagreement and skepticism by city officials and the public in attendance. (Video available.)
9/14/06	Article in The Daily News of Newburyport reports that Mass DEP and Attorney General’s office will use a preliminary injunction to control capping and closure of the landfill and will not take over the operation. The article also reports that city officials are considering legal action to prevent the state from taking the proposed action.
9/5/06 (approx)	Mass. DEP report concludes that emissions from the Crow Lane landfill could be causing the symptoms being reported by Newburyport residents.
8/10/06	Article in The Boston Globe announces that Newburyport city officials have asked the state to take over the Crow Lane landfill.
7/15/06	Federal EPA fines landfill owner’s Everett company $157,000 for illegally discharging stormwater into a river.
7/12/06	Mass. DEP approves use of clay excavated for the Dorchester Bay Tunnel project for use as covering material at the Crow Lane landfill.
5/10/06	Engineering firm hired by City of Newburyport to review the 3/17/06 corrective action design reports that “the 570,576 cubic yards specified solely for shaping and grading materials exceeds the agree to volume of approximately 460,000 cubic yards under the Community Host Agreement with Newburyport and as approved by Mass. DEP under the 2003 Conceptual Closure Plan.”
4/28/06	Landfill owner resumes full operation after complying with state environmental requirements and paying fines due to the City of Newburyport .
4/27/06	Landfill owner pays City of Newburyport $160,000 he owes and then immediately stops payment on the check.
2/23/06	Mass. Attorney General files suit against landfill owner in Suffolk Superior Court. Suit seeks court intervention to force the landfill owner to install a treatment system for controlling odors.
2/22/06	Editorial in The Daily News of Newburyport urges Mass. DEP to force landfill owner “to run its operation properly, or shut it down and find a contractor who can do it right.”
2/16/06	Hydrogen sulfide odor from the landfill disrupts surgery at the Anna Jaques Hospital.
1/26/06	Newburyport Board of Health holds a hearing to discuss conditions to impose on the landfill owner as requirements for resuming operations.
1/15/06	Newburyport Board of Health determines that landfill is a noisome trade under the Massachusetts statute and that Board has power to restrict its operation.
1/13/06	Mass. DEP Commissioner Golledge spends 3 hours in Newburyport visiting the Crow Lane landfill and talking with city officials and residents about problems at the landfill.
1/12/06	Landfill owner files suit against the Newburyport Board of Health. The suit asks the court to determine that the landfill is not a noisome trade as defined by Massachusetts law, that the owner can resume operation, that the Board of Health cannot issue a site assignment, and that the City of Newburyport pay damages for lost revenues due to the suspension of operation.
1/4/06	Newburyport Board of Health imposes strict requirements on the landfill.
12/27/05	Newburyport mayor writes to the governor asking for the state to intervene and “shut down once and for all the capping operations.” No response received as of 1/3/06, according to article in The Daily News of Newburyport.
12/13/05	Newburyport Health Department halts operations at the landfill because of persistent odors. This is third cease and desist order issued since March, 2005.
12/13/05	Newburyport Board of Health issues a cease and desist order under the Mass. noisome trade statute prohibiting construction demolition debris from being deposited at landfill. Landfill owner immediately seeks an injunction in Salem Superior Court and a hearing is scheduled for 1/19/06.
11/15/05 (approx)	Mass. DEP demands payment of penalty by landfill owner for non-compliance.
11/8/05	Newburyport director of public health sends letter to Mass. DEP requesting their intervention to address odor, leachate, trucking and landfill volume issues.
10/7/05	Members of the mayor’s ad-hoc landfill advisory committee and the director of public health visit the Crow Lane landfill. Report concerns about encroachment of landfill onto Crow Lane, junk cars still visible in the wetlands adjacent to the landfill, hydrogen sulfide and other odors noticed during the visit, and concerns about the perimeter berm apparently being supported in some locations by weak demolition debris.
9/10/05	Newburyport mayor forms an ad-hoc landfill advisory committee of citizens and officials for monitoring the landfill.
8/29/05	Newburyport Conservation Commission appeals a superseding order of conditions issued for the landfill by the Mass. DEP on 8/15/05 and requests an adjudicatory hearing. The commission states that a superseding order of conditions should not be issued for this project until several issues are resolved. Without more information, the commission says, “the DEP can have no way of writing an SOC that will be adequate to protect the wetlands resource areas as required under the [Wetlands] Act.”
8/17/05	Article in The Daily News of Newburyport reports the City of Newburyport is considering the takeover of the landfill capping because of frustration with the owner’s handling of the project.
8/15/05 (approx)	Newburyport city council denies request from landfill owner for changes to the community host agreement.
8/11/05	Newburyport mayor informs the landfill owner that the city will take “swift action” if the owner violates its agreements. The mayor adds that the landfill owner must pay $25,000 in back taxes.
8/9/05	Newburyport mayor promises prompt resolution of the odor issues at the landfill.
6/21/05	Newburyport mayor informs the city council that the landfill owner has requested several modifications to the community host agreement and suggests that the request be discussed among the council, board of health, and the mayor.
5/11/05	Newburyport Health Department notifies landfill owner that, after conducting a hearing on 5/4/05, the Newburyport Board of Health has determined that a public health nuisance exists as a result of activities at the landfill. The board orders the landfill owner to take specific action to correct the problems and states that odor complaints “from this day forward” shall be subject to applicable Board of Health fines.”
5/5/05	Landfill owner continues receiving demolition materials at the landfill in defiance of cease and desist order issued by Newburyport Health Department on 5/4/05. Owner claims work continued because he received no written notice.
5/4/05	After a public hearing, Newburyport Health Department issues cease and desist order to halt receipt of materials at the landfill until an agreement is reached for ending odors.
4/15/05 (approx)	Newburyport Health Dept. issues violation notice stating landfill owner has not met odor control requirements.
4/12/05	Mass. DEP orders landfill owner to install a gas collection system at the landfill and gives the owner 30 days to start installation. Also orders landfill owner to pay $925,000 into a landfill trust account and to pay a $250,000 fine. All except $75,000 of the fine is suspended if the landfill owner complies with the DEP order.
2/22/05	Editorial in The Daily News of Newburyport states, “time for being polite has ended. If the city can’t get [the landfill owner’s] attention any other way, it should shut his operation down until he makes a credible commitment to run it in compliance with the agreement.”
10/19/04	Mass. DEP issues its first administrative order for odor control at the landfill site. The administrative order notes several violations of its 2/27/03 administrative consent order, including: · Allowing leaching liquid (leachate) to escape from the landfill · Leaving demolition debris exposed at the site · Failing to mix the demolition debris with soil at a ratio of 1:1 · Mixing demolition materials with solid waste excavated from the site · Depositing urban fill containing brick and concrete at the site · Failing to perform weekly monitoring The DEP administrative order requires the landfill owner to provide an odor control plan, a leachate control plan, a summary of daily amounts of material received at the site since commencement of the construction and closure activities.
8/6/04	Engineering firm hired by the City of Newburyport informs the landfill owner about recent complaints concerning truck traffic and other matters related to operations at the landfill.
4/6/04	Landfill owner and his engineer and lawyer present a landfill closure plan to the Newburyport Conservation Commission.
2/17/04	Engineering firm hired by the City of Newburyport reports that during a site visit on 1/21/04 several infractions of the community host agreement and other regulations were observed. These infractions included incorrect truck routes in and out of the city, missing shipping records and bills of lading as required by state law and the 1/30/03 administrative consent order, lack of a summary record of loads as required by Mass DEP, dumping of materials with up to 30 percent paper and plastic solid waste in violation of the administrative consent order, lack of a truck washing facility, and use of soil excavated from the landfill as part of the grading operations.
10/21/03	Mass. DEP formally approves the landfill owner’s conceptual landfill closure plan revised 2/25/03, but with several conditions.
10/8/03	Newburyport mayor signs an agreement for renting the former recycling barn on Crow Lane to the landfill owner “for locating its trucks and equipment while capping the Crow Lane landfill.”
5/9/03	Mass. DEP notifies landfill owner about several deficiencies in its conceptual grading plan.
2/27/03	Mass. DEP issues and administrative consent order outlining requirements and schedule for closing the landfill.
10/7/02	Host community agreement between the City of Newburyport and the landfill owner is signed and executed.
3/31/02	Newburyport mayor announces he has hired a local attorney to “check up” on agreements and other issues related to the landfill capping process.
3/6/02	Landfill owner holds public information meeting at Newburyport City Hall to discuss truck trips per day, total volume to be brought in, completion schedule and profit levels. (Video available.)
1/30/02	Newburyport mayor discusses the capping process with the landfill owner. Mayor shown preliminary sketches and invited to visit the owner’s Everett facility and another landfill closed by the landfill owner.
9/26/01	Newburyport mayor announces that the landfill owner has expressed interest in seeking the permits required to cap the Crow Lane landfill.
6/15/00 (approx)	Landfill owner informs Newburyport mayor that he intends to cap the Crow Lane landfill with construction materials.

Crow Lane Landfill Chronology Through February 2, 2010

Crow Lane Landfill Chronology
Through February 2, 2010