DEP will direct and disperse from the FAM to facilitate closing, if New Ventures cannot pay (but they have to prove that, apparently).
Plus there's this, which just came through from DEP:
Court Action Status
On Friday, April 2, 2010, Superior Court Justice John C. Cratsley issued a decision (attached) on the Attorney General Office's, March 25, 2010, Emergency Motion asking the Court issue an order granting the MassDEP and it’s contractors access to the Landfill to repair/replace the Flexible Membrane Liner (the “FML” cap) and gas extraction wells damaged by a wind storm on February 25, 2010. In addition, the Attorney General’s Office asked the Court order that the cost incurred for these repairs be paid to MassDEP’s contractors by reimbursement through New Ventures’ Financial Assurance Mechanism (the “FAM”).
The court’s decision does not remove New Ventures of its obligation to comply with the Final Judgment and complete the closure of the Landfill.So the landfill will get capped and closed, one way or another.
Good grief ... what a debacle!