Tom
04-02-2010, 04:41 PM
The state attorney general's office filed suit March 1 against Allied Recycling Center of Walpole, alleging the Route 1A corporation has put public and environmental health at risk.
The suit seeks restoration of wetlands and civil penalties that could run in the hundreds of thousand dollars.
Here's the first section of the state's suit, filed in Suffolk Superior Court:
"The recycling and scrap yard owned and operated by the Defendants in Walpole is in violation of at least seven separate environmental statutes, induding the Wetlands Protection Act ("WPA") and the Wetlands Restriction Act ("WRA"), the Hazardous Waste Management Act ("HWMA"), the Clean Air Act ("CAA"), the Solid Waste Management Act ("SWMA"), the Environmental Endangerment Act ("EEA"), and the Massachusetts Oil and Hazardous Material Release Prevention Act ("c. 21E"). The Defendants have filled and altered wetlands, both on their own property and on neighboring conservation land owned by the Town of Walpole. In some places the wetlands have been destroyed to the point that they are now used as roads, parking, and/or storage space. Additionally, the Defendants have risked public and environmental health and welfare by storing and disposing of construction rubble, asbestos-containing material, cathode ray tubes, and other debris at their property without obtaining required permits or complying with applicable regulations. The Defendants have also failed to comply with hazardous waste regulations concerning the storage of waste oil and gasoline at their property and have failed to report releases of oil and/or hazardous materials to the environment. The Commonwealth is seeking injunctive relief requiring the Defendants to restore the wetlands they have damaged and to bring themselves into compliance with each of these statutes. The Commonwealth is also seeking civil penalties for each of these violations."
Here's the full complaint. (http://www.walpolenews.com/Complaint.PDF) (pdf)
Selectmen Tuesday night, March 9, at Allied's request continued a hearing for 45 days on its town licenses to get more information involving the state suit. The board wants current and future use plans before voting on renewal.
A letter from Allied's lawyer (http://www.walpolenews.com/allied%20letter.pdf) (pdf) hand delivered just before selectmen's Feb. 23 meeting said that action by the attorney general (AG) could raise issues about adjacent land, including an old municipal dump, where wetlands were filled. "To the extent that the AG requires restoration of former wetlands, liability for any contaminants emanating from this former dump will have to be addressed. ... Allied wants to work cooperatively with the Town to avoid unnecessary litigation," the letter said.
The suit seeks restoration of wetlands and civil penalties that could run in the hundreds of thousand dollars.
Here's the first section of the state's suit, filed in Suffolk Superior Court:
"The recycling and scrap yard owned and operated by the Defendants in Walpole is in violation of at least seven separate environmental statutes, induding the Wetlands Protection Act ("WPA") and the Wetlands Restriction Act ("WRA"), the Hazardous Waste Management Act ("HWMA"), the Clean Air Act ("CAA"), the Solid Waste Management Act ("SWMA"), the Environmental Endangerment Act ("EEA"), and the Massachusetts Oil and Hazardous Material Release Prevention Act ("c. 21E"). The Defendants have filled and altered wetlands, both on their own property and on neighboring conservation land owned by the Town of Walpole. In some places the wetlands have been destroyed to the point that they are now used as roads, parking, and/or storage space. Additionally, the Defendants have risked public and environmental health and welfare by storing and disposing of construction rubble, asbestos-containing material, cathode ray tubes, and other debris at their property without obtaining required permits or complying with applicable regulations. The Defendants have also failed to comply with hazardous waste regulations concerning the storage of waste oil and gasoline at their property and have failed to report releases of oil and/or hazardous materials to the environment. The Commonwealth is seeking injunctive relief requiring the Defendants to restore the wetlands they have damaged and to bring themselves into compliance with each of these statutes. The Commonwealth is also seeking civil penalties for each of these violations."
Here's the full complaint. (http://www.walpolenews.com/Complaint.PDF) (pdf)
Selectmen Tuesday night, March 9, at Allied's request continued a hearing for 45 days on its town licenses to get more information involving the state suit. The board wants current and future use plans before voting on renewal.
A letter from Allied's lawyer (http://www.walpolenews.com/allied%20letter.pdf) (pdf) hand delivered just before selectmen's Feb. 23 meeting said that action by the attorney general (AG) could raise issues about adjacent land, including an old municipal dump, where wetlands were filled. "To the extent that the AG requires restoration of former wetlands, liability for any contaminants emanating from this former dump will have to be addressed. ... Allied wants to work cooperatively with the Town to avoid unnecessary litigation," the letter said.