Friday, April 2, 2010

Judge allows access for repairs (CORRECTION)

Got home at 4:30, there was another message saying the judge actually ruled in favor of DEP and the Attorney General on BOTH motions ...

I just got a message that the judge ruled on the first part of the motion - to allow DEP access to the Crow Lane landfill to fix the FML and gas extraction system - but not on the other motion (that New Ventures is in default of the settlement agreement and the state should step in to finish closure of the landfill).


Anonymous said...

Will you be getting copies of the order, or do you know how to get it?

It's important to keep a synopsis of all the court minimum.


Gillian Swart said...

Yes, I have copies.

Gillian Swart said...

Here is a summary of the judge's ruling:

1) granted DEP immediate access to the landfill to repair the storm damaged FML cap and gas well;

2) declared that New Ventures is in default of its landfill closure and post closure obligations and has breached the trust agreement for the landfill's performance bond;

3) declared that, because of the default, DEP is authorized to control and direct the use and disbursement of all funds in the landfill's performance bond for the purpose of completing all remaining landfill closure work and post-closure operations;

4) ordered New Ventures to submit to DEP a full and complete accounting of cost estimates for all remaining landfill closure and post-closure tasks.