Page 2 THE SAUGUS ADVOCATE – Friday, August 2, 2019 Noise and air pollution violations Board of Health sets Wheelabrator hearing for Monday; possible heavy fines and enforcement action By Mark E. Vogler T he Saugus Board of Health has requested representatives of Wheelabrator Saugus to appear at a public hearing on Monday to explain why the operation of the company’s trashto-energy plant violated noise and air pollution regulations for a prolonged period in June and last month. Board of Health Chair William 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.” “The Board is cognizant that it invited Wheelabrator in August 2016 to show cause why the Board should not issue an enforcement order at that time; Wheelabrator refused to attend the Board’s hearing. The Board will consider Wheelabrator’s failure to appear.” The meeting is set for 6:15 p.m. in the second floor auditorium at Saugus Town Hall. It had initially been scheduled for the Community Room in the Saugus Public Library. Wheelabrator offered no im$3.39 $2.45 GALLON GALLON We accept: MasterCard * Visa * & Discover Price Subject to Change without notice 100 Gal. Min. 24 Hr. Service 781-286-2602 * Corporate Litigation * Criminal/Civil * MCAD * Zoning/Land Court * Wetlands Litigation * Workmen’s Compensation * Landlord/Tenant Litigation mediate comment when contacted by The Saugus Advocate. “Wheelabrator has received the letter and is reviewing it,” Wheelabrator spokesman Paul Halloran wrote in an email. “Nothing further at this time,” he said. Heavy fines and a shutdown of Wheelabrator Technologies, Inc.’s trash-to-energy incinerator are the worst-case ramifications of recent enforcement action initiated by the town’s Board of Health in the wake of Lawrence A. Simeone Jr. Attorney-at-Law ~ Since 1989 ~ * Real Estate Law * Construction Litigation * Tax Lein * Personal Injury * Bankruptcy * Wrongful Death * Zoning/Permitting Litigation 300 Broadway, Suite 1, Revere * 781-286-1560 Lsimeonejr@simeonelaw.net W numerous noise complaints that date back to mid-June. At a meeting last month to discuss the complaints, members heard testimony from residents and received a legal briefing before voting 4-0 to issue a show cause notice for Wheelabrator officials to appear at the board’s August 5 meeting to explain what happened, why it happened and what they are going to do to keep it from happening again. “It is the understanding of the Saugus Board of Health (the “Board”) that the elevated noise was caused by steam being discharged into the air without adequate noise control technology in place,” Heffernan wrote in a certified letter to Wheelabrator. “The noise has been relentless and debilitating for area residents. Wheelabrator’s noise emissions from the Facility are in violation of several state and local statutes and regulations,” the letter continues. “While Wheelabrator notified the Board on June 10th that scheduled maintenance would occur on the boilers and turbines between June 14th and June 16th, Wheelabrator offered assurances that there would be no noise issues, with only increased visible steam being emitted.” But when the work occurred, “extremely loud noise” was emitted from the facility, according to Heffernan. “The work extended for a time period far beyond what was scheduled, without communications from Wheelabrator concerning the source of the noise,” he wrote. Wheelabrator didn’t contact the board again until June 26, “stating that the silencing equipment did not, in fact, silence the noise to the extent expected and that enhanced silencing technology would be installed,” Heffernan noted. But noise emissions continued from the faculty until at least July 11 without Wheelabrator providing an explanation despite repeated questions from the board. “The exceedingly elevated noise levels produced at the Faculty have prevented area residents from being outside, engaging in outdoor conversations, opening their windows, and sleeping at night,” Heffernan wrote. “Further, prolonged exposure to loud sound can have serious, detrimental health impacts. Area residents have reported decibel readings at their properties between 60 and 70 decibels, far exceeding permissible sound levels.” 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 accrued 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. Fama joins The Savings Bank as Assistant Vice President AKEFIELD – David Fama of Peabody has joined The Savings Bank as Assistant Vice President and Senior Mortgage Originator. He has more than 27 years of experience in the banking industry, specifically in consumer and commercial real estate lending, business development, financial analysis and management with a strong emphasis on sales and relationships. Prior to joining The Savings Bank, Fama was associated with the Lynnfield Office of the Wakefield Co-operative Bank as Business Development Manager/Mortgage Originator responsible for originating residential real estate loans and originating and referring commercial real estate loan leads as well as deposit accounts. In addition, Fama has worked as a Mortgage Officer, Residential Real Estate with Liberty Bay Credit Union of Braintree, where he established and maintained a mortgage presence in the credit union’s new office location; at East Boston Savings Bank’s Peabody office as Vice President, Commercial Real Estate; and at Danversbank in Danvers as Vice President, Business Development Officer. Fama is actively involved in the Saugus and Peabody areas. He is a past president and member of the Board of Directors of the Saugus Rotary Club, where he also serves as the Rotary Youth Leadership Awards Coordinator. He has served on the Ella O’Donnell Playground Committee and as a Peabody Girls Youth Softball and Youth Soccer coach. He is also a volDavid Fama unteer religious education coordinator at St. John the Baptist Church. Fama attended Salem State University and has completed various business and banking courses at Salem State University’s Division of Continuing Education and at the New England College of Business and Finance (formerly the New England Banking Institute). “We are pleased that David J. Fama has joined The Savings Bank and our lending team,” said The Savings Bank President/CEO Bob DiBella. “He has extensive experience in mortgage origination and establishing new business relationships. We wish him well in his new position.”
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