Draft agreement - Everett - Wood Waste

A message from Anonymous in Everett (I think - could be here, though):

Here is a copy of the draft consent agreement as it appeared in the Independent on December 23rd. I'd bet money that it has gone thru some changes since then though.

This agreement made this ____ day of January, 2008 by and between the City of Everett, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts and located at City Hall, 484 Broadway, Everett, Massachusetts 02149, acting by and through its Board of Health, hereinafter referred to as the “Board of Health,” and Wood Waste of Boston, Inc., a Massachusetts corporation having a usual place of business at 80-87 Boston Street, Everett, Massachusetts 02149 (hereinafter referred to as “Wood Waste”).

WHEREAS, Wood Waste operates a transfer facility (the “Facility”) in the City of Everett under license by the Department of Environmental Protection (the “Department”); and

WHEREAS, the Facility is licensed to store and process construction and demolition (“C&D”) material; and

WHEREAS, C&D material is approved by the Department as shaping and grading material for the final closure of landfills; and

WHEREAS, the Board of Health has received numerous complaints in relation to odor and dust regarding the Facility; and

WHEREAS, the material at the Facility is designated for placement at a landfill in Newburyport (the “Landfill”); and

WHEREAS, the City of Newburyport has not authorized the increased amount of C&D material to be placed at the Landfill which has resulted in the piles of C&D material remaining at the Facility for a longer period of time than intended; and

WHEREAS, there is litigation pending in Suffolk Superior Court that is intended to resolve this legal question in 2008 or in early 2009; and

WHEREAS, neither the federal government nor the Commonwealth of Massachusetts has adopted a standard for the level of H2S discharged to the atmosphere to have a negative public health impact; and

WHEREAS, the parties desire to avoid the time and expense associated with litigation.

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 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.

2) Wood Waste agrees to process all new C&D material coming into the Facility and to ship same out on a weekly basis so that the piles will not expand.

3) Wood Waste represents that the Department approved a site plan for construction of a new enclosed facility. Wood Waste has purchased land at 111 Boston Street (Adams Furniture) to modify its enclosed facility plans for a more environmentally friendly and efficient facility.

4) No later than March 1, 2009, Wood Waste agrees that it will submit the necessary application and plans to the Department seeking approval of the Boston Street/Route 16 Facility modifications for an enclosed facility to be constructed.

5) B.O.H. The Board of Health is authorized to monitor the piles so that it is regulated in the manner set forth above to determine compliance with this Agreement.

6) The Board of Health agrees that it will not issue any orders under the provisions of any statutory or regulatory authority provided that Wood Waste is in compliance with this Agreement in relation to odor and dust issues specifically enumerated in this Agreement.

7) Prior to taking any steps to enforce this Agreement, the parties agree that they will give the alleged breaching party at least seven (7) days notice to cure said breach. If the breach continues, the Board may exercise its enforcement discretion and seek penalties in the Middlesex Superior Court up to the fullest extent of the law.

8) This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, and the parties hereto submit to the jurisdiction of its courts for the adjudication of disputes arising out of this Agreement.

9) This Agreement may be executed in one or more counterparts, each of which shall constitute an original.

Signed as of the date and year above first written.

CITY OF EVERETT WOOD WASTE OF BOSTON, INC.
BOARD OF HEALTH