Page 2 THE SAUGUS ADVOCATE – Friday, August 9, 2019 Wheelabrator’s attorney disagrees with “violations” cited by the Saugus Board of Health By Mark E. Vogler T he Boston law firm of Goodwin Procter, which represents Wheelabrator Technologies, says there is no legal basis for the alleged violations cited by the Board of Health against the company in the wake of recent noise problems at the plant. “Wheelabrator remains willing to engage in good faith discussions as to how to minimize the risk of temporary noise increases in the future,” Attorney John B. Daukas of Goodwin Procter wrote last week in a letter responding to the show cause hearing. “Unfortunately, however, the Board’s Letter contains numerous inaccuracies,” Daukas wrote. “This comes on the heels of a Court order holding that the Board’s effort to challenge the ongoing operations of Wheelabrator’s landfill was entirely without merit. For a meaningful dialogue to occur, it is imperative that the Board treat Wheelabrator fairly.” Daukas was responding to $3.39 $2.44GALLONGALLON We accept: MasterCard * Visa * & Discover Price Subject to Change without notice 100 Gal. Min. 24 Hr. Service 781-286-2602 a letter written by Board of Health Chair William Heffernan, which was the basis for Monday’s show cause hearing. Heffernan noted in a threepage letter to the company dated July 22 that the board has scheduled a hearing “in order to commence proceedings to rescind, modify, or suspend the site assignment.” Heffernan cited these violations: • A state law that provides that emitted noise is of sufficient intensity and duration to cause an event of air pollution; the accrued fine of this $25,000 per penalty per day has acLawrence A. Simeone Jr. * Corporate Litigation * Criminal/Civil * MCAD Attorney-at-Law ~ Since 1989 ~ * Real Estate Law * Construction Litigation * Tax Lein * Zoning/Land Court * Wetlands Litigation * Workmen’s Compensation * Landlord/Tenant Litigation * Personal Injury * Bankruptcy * Wrongful Death * Zoning/Permitting Litigation 300 Broadway, Suite 1, Revere * 781-286-1560 Lsimeonejr@simeonelaw.net crued to $600,000. • A violation of Saugus Bylaw 514.00. Upon determination by the Board of Health that the operation of the facility results in a threat to public health and safety or the environment, the board can rescind, suspend or modify the site assignment following a notice and public hearing. • A violation of Board of Health regulations under Article 8: No nuisances, including auditory nuisances, may be maintained in Saugus. Failure to comply with the regulation could result in a fine of $299 per day. In his response, Daukas noted that the board’s letter “contains a disturbing number of legal and factual inaccuracies.” Here are the highlights of Daukas’s response to the Board of Health: The Board’s claim that Wheelabrator violated the state noise standard is wrong for three separate and distinct reasons: 1. The Board never held a hearing at which evidence was presented and Wheelabrator had an opportunity to respond. 2. The Board has not mentioned the applicable technical standard, let alone identify any valid evidence showing that the standard was violated. 3. Even if there had been scientific evidence supporting a finding that Wheelabrator exceeded the standard, there is no violation without negligent or intentional misconduct, and the facts show that Wheelabrator acted reasonably at all relevant times. The Board’s claim that Wheelabrator could be subject to a fine of $25,000 per day is not valid since that fine accrues to entities that violated a DEP order. DEP never issued an order and Wheelabrator kept DEP informed and worked with DEP to take steps to address the noise issue. Purported violation of Saugus Bylaw 514.00: The Board is overreaching, as the section of the Bylaw cited describes a procedure, not any standards. The Town never applied for or received approval of its noise ordinance so it is unenforceable. Attempting to revoke the site assignment for a temporary disturbance, that has been addressed, and alleged violation of an unenforceable ordinance is an overreach and improperly infringes on the DEP’s authority. The Board’s claim that Wheelabrator refused to attend an August 2016 meeting regarding the site assignment for the landfill is false. The Town’s attorney agreed that a meeting among lawyers would be best and the Board of Health meeting scheduled for August was cancelled. Further, the Superior Court has recently affirmed the DEP’s decision that the landfill has a valid site assignment and the operational modifications applied for did not require that the site assignment be modified. Purported Violation of Article 8 of BOH’s regulation: The Town Attorney’s assertion that Wheelabrator violated a provision prohibiting “auditory nuisances” is false since the bylaw does not include “auditory nuisances.” Claims of an ongoing nuisance are false since the plant returned to normal operations on July 12. Saugus River Watershed Council awards scholarships to two area students T he Saugus River Watershed Council (SRWC) announced its recent awarding of scholarships worth $1,000 to a pair of North Shore teenagers who are headed for college. Seven Greer – president of the Saugus High School Class of 2019 – was the recipient of the Pam Harris Memorial Scholarship, which honors the memory of a nurse, volunteer member of the Saugus Board of Health and SRWC Board Member. Harris was committed to improving public health for families in the Saugus River watershed by addressing the most troubling sources of pollution. This was the second year of the very special scholarship. Greer has a long-standing personal commitment to protecting the environment that is evidenced by his extensive volunteer work. He was very involved in environmental activities in the community and through his school, demonstrating that he was already a leader among his peers in the environmental field. Seven plans on attending the University of Massachusetts Lowell this fall. Annika Verland of Lynn was this year’s recipient of the SRWC Environmental Leadership Scholarship. Annika had a long-standing personal commitment to protecting the environment that is evidenced by her comprehensive volunteer work. Her service and other environmental activities in the community, including sparrow bird houses, have made a huge difference. Annika will be attending Ithaca College this fall, combining her love for the HONORED GRADUATES: Left to right, area students Annika Verland and Seven Greer received $1,000 scholarships from the Saugus River Watershed Council. (Courtesy Photo to The Saugus Advocate) environment with media. Selecting the recipients of this year’s scholarships was a tough decision, according to the Council’s program coordinator, Mary Lester. “It’s inspiring to all of us to see the accomplishments that these students have made to their communities while keeping exceptional academic records,” Lester said. The Saugus River Watershed Council is a nonprofit organization founded in 1991 to protect and restore the natural resources of the watershed.
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