Today the Attorney General’s Office filed on behalf of the MassDEP a motion in Suffolk Superior Court on the Crow Lane Landfill case. The Attorney General’s Office is requesting that the Court issue an order granting the Department and its contractors access to the landfill for the purpose of repairing the damaged Flexible Membrane Liner (the “FML” cap) and gas extraction wells with the cost of these repairs paid to DEP’s contractors by reimbursement through New Ventures’ Financial Assurance Mechanism (the “FAM”). [A FAM is essentially a performance bond required of landfill owners by the Solid Waste Regulations. It serves to provide the Commonwealth with the funds necessary to perform closure and post-closure activities at a landfill in the event that the operator fails in whole or in part to do so in accordance with permits or orders].
In addition, the Commonwealth requested that the Court declare that New Ventures has defaulted on its Landfill closure obligations and breached the provisions in their FAM because it cannot fund and perform the required repairs or any further closure work. The Attorney General argues that, because New Ventures has defaulted on its FAM obligations, the Court should also declare that MassDEP is authorized to control and direct the use and disbursement of all remaining FAM funds to reimburse contractors performing all further Landfill closure work. (Gillian's emphasis) Finally, the Attorney General asks that the Court order New Ventures to submit to MassDEP revised cost estimates that fully and accurately address all tasks necessary to close the landfill and pay for post-closure maintenance of the landfill.
As I receive information on NV's response and the legal proceedings I will keep you updated. I believe this is the direction we had all hoped would occur. I am grateful to the AG and DEP for taking this step on behalf of our city and especially for the residents in the surrounding neighborhoods. Donna Holaday, Mayor
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