Port Reporter Unlimited

Anonymous wrote (earlier this evening):

As for the enforcement agreement with Wood Waste of Boston, it is an agreement, not an order.

Agreement meaning...."the act of agreeing or of coming to a mutual arrangement" it's not an order that would state "an authoritative direction or instruction; command; mandate"There is a difference here. Here is a paragraph of the "Agreement"

NOW, THEREFORE, in consideration of the following mutual agreements, the parties hereto agree as follows:

1) Wood Waste will continue to disperse odor-controlling agents at the Facility to keep H2S levels below industry guidance and will maintain and supply air quality monitoring equipment and personnel at the site to monitor odors from 7:00 a.m. to 9:00 p.m. Wood Waste will spray the piles daily and the piles will be tarped to maintain dust control. The Board of Health will be provided with a schedule prior to the execution of this Agreement as to when the spraying will be conducted. Odor misting machines will be set up on the perimeter and will be disbursed as necessary in addition to the daily scheduled spraying. Street sweeping and water truck spraying will take place at least once per day and as needed to reduce dust. The Board of Health or its designee(s) are authorized to monitor the site at any given time to ensure the measures are being taken to control said odor and dust issues.

This should read "order" He should be ordered to do so and we just did him a huge favor for his trial. I hope someone from Newburyport will be there during the trial. If Richard Nylen tries to use this in court, I would absolutely agree that is a conflict that Thibeault's own environmental lawyer (who is defending his case in April) would have an ethical issue on his hands.

Richard Nylen wrote this agreement only to help his case in April. If he brings this agreement forth in court, I really hope someone from Newburyport will be there and defend this "set up" between the environmental lawyer, and the Everett Mayor, Carlo DeMaria who admitted just last week on TV that he has built a relationship with this business owner.

So noted that Nylen seems to have drafted the agreement. I checked with someone in our City Hall and they said that's not unusual - although here the City prefers the City Solicitor to write the first draft of any agreements.

I'm assuming that people other than the Everett mayor are putting their two cents in on the agreement - and you are correct, it's not an order.

Note that our health director Jack Morris says that he did not advise Everett to enter into a consent agreement ... he says he recommended rescinding the site assessment or issuing a cease and desist order.