Massachusetts first environmental justice case was heard by the Supreme Judicial Court. Because of Brockton's fight for fair distribution of environmental burden the rest of the Commonwealth will benefit from their battle!
CLICK THE PHOTO TO VIEW THE ARCHIVED VIDEO OF BROCKTON'S DAY IN COURT FIGHTING FOR ENVIRONMENTAL JUSTICE
“The day has finally come. It has been years in the making. On Tuesday March 4, 2014 Massachusetts highest court is hearing the first environmental justice case in the state. In the same way that Brockton’s Rocky Marciano was an underdog, no one believed in this resilient group of residents. Because of their continued fight for fair distribution of environmental burden the rest of the Commonwealth will benefit from their battle! - Stop The Power
March 4, 2014: will be the first time the Supreme Judicial Court considers the impact of Massachusetts' Environmental justice Policy, making this a case of first impression. This SJC decision will impact all future cases involving the EJ Policy.
CLICK ABOVE ANYWHERE TO WATCH THE CASE LIVE TUESDAY MARCH 4 AT 9AM
Click below to listen to Ed Byers of Stop The Power chat with Peter and Mike from PM in the AM on WXBR 1460AM.
BREAKING NEWS MARCH 5, 2014:
BROCKTON CITY COUNCIL RESPONSE TO MAYOR BILL CARPENTER FILING SUIT AGAINST HIS OWN COUNCIL: CLICK THE PDF TO READ THE FULL DOCUMENT BELOW
"The public interest is adversely impacted by granting injunctive relief in lawsuits by public officials for political purposes."
"Incredibly the Mayor never raised any issue with the City Council President or City Council relative to changing the manner in which members of the Water Commission are appointed prior to utilizing public resources to sue the City Council."
"The Mayor's argument that irreparable harm is not required is rendered disingenuous and meanginless by the fact that the Mayor was before this Court just four (4) weeks ago arguing that there would be irreparable harm if an injuction were to be granted in a case where it was alleged that the Mayor would be violating a statute by appoint an individual over the age of sixty-five (65) to the position of Chief of Police."
"I don’t think as mayor I need the City Council for a whole lot to get this plant going forward because I will fill the city boards with people who are willing to be open minded and do the job to protect the best interests of the city.”
An open letter to the Brockton City Council from Stop The Power
We are writing, as there is great concern about the highly orchestrated marketing efforts by The Enterprise, Mayor Bill Carpenter and his collaborators to influence public opinion in an attempt to pressure the City Council to enact an ordinance that circumvents State law to make Interim Police Chief Robert Hayden, Brockton’s civil police commissioner as he does not meet the criteria to be our Police Chief.
We have no doubt that Robert Hayden is a good man who served a distinguished career in law enforcement with numerous personal and professional accomplishments but even he cannot argue that he comes from a different town and a different time.
This media blitz is a disservice to the residents of Brockton and a slap in the face to the 180 men and women in blue who call this city home and risk their lives to fight crime on a daily basis as members of the Brockton Police Department. These men and women don’t expect to be on the front page. They are performing a job and a duty for their community.
Many of our police officers are residents and major stakeholders in Brockton. Robert Hayden lives in Hingham. This is the latest campaign promise Bill Carpenter has reneged on, hiring department heads that live in Brockton. To circumvent the law because of a desire to see a political appointment through is not a precedent the City Council wants to set and is certainly not in line with the residents wishes. When Mayor Carpenter ran for office last spring he insisted that he didn’t need the Council for a whole lot, he was wrong. You are the voice of the people.
Crime exists in Brockton not for the lack of effort, expertise or good ideas in our police department. Not because of a lack of collaboration with outside agencies. Crime exists because as Robert Hayden himself put it, we are understaffed. We all know that for years the Brockton police department has been understaffed and underfunded. You have the power to change this.
If you want to repair morale in the Brockton Police Department, promote from within! In the Enterprise Chief Hayden said, “I haven’t got an accurate read on the city yet because it’s been snowing since I got here, and most of the real bad people, you don’t really see them out in the snow. I’ll know more about the city as we get into the warmer weather.”
Robert Hayden is being paid nearly $3,000 per week, we cannot afford to wait for the snow to melt for Chief Hayden to work through the learning curve and get to know our city. We would think in his months of developing a “tailor made” ten-point plan with Mayor Carpenter he would have made himself familiar with Brockton. The 180 men and women on the police force already have an accurate read on the city. There is no reason whatsoever that Mr. Hayden cannot work with Mayor Carpenter as an outside consultant to help chose a uniformed police chief from within the ranks. Motorcycles and paddy wagons are not the answer. Bringing one man and his ideas out of retirement is not the answer.
We hate to say it but this is eerily reminiscent of Rox Stadium, and the desalination plant. A quick fix to all of our problems, when will we learn and truly invest in ourselves, through a slow and steady commitment to change? The power is in your hands Councilors. It is our opinion that you reject the ordinance and throw your full support to your neighbors, the good men and women who make up the leadership, and rank and file of the Brockton Police Department.
Supreme Judicial Court Motions Filed on Brockton Residents Behalf with assistance from Harvard Law School.
ALL EYES WILL BE ON BROCKTON AS THESE SJC CASES WILL SET THE STANDARD FOR ALL FUTURE ENVIRONMENTAL JUSTICE CASES MOVING FORWARD.
February 18, 2014:Supreme Judicial Court brief filed on 2/14/14 by “Hands Across the River Coalition” to address the Environmental Justice issues raised in app earl of Siting Board’s original decision on Brockton Power’s proposed power plant.
HARC is a volunteer-led, grassroots environmental advocacy group based in New Bedford, MA.This brief was prepared by Harvard Law School students and faculty from the Emmett Environmental Law & Policy Clinic.
HARC is strongly supportive of the residents of Brockton’s opinion that the Siting Board erred in giving short shrift to the state’s Environmental Justice policy. HARC’s brief highlights the reality that the Environmental Justice policy has important implications for communities around the Commonwealth.
February 18, 2014:Supreme Judicial Court brief filed on 2/14/14 by Massachusetts Rivers Alliance, Charles River Watershed Association, Jones River Watershed Association, North and South Rivers Watershed Association and Taunton River Watershed Alliance.
This package was filmed supporting the position of Brockton residents on water supply issues raised by Brockton Power’s appear of the Siting Boards decision on Project Change Filming. This was prepared by Harvard Law School’s Emmett Environmental Law & Policy Clinic.
This brief details important factual background regarding the watersheds that will be affected by Brockton Power’s proposed power plant and emphasizes the significant negative effects that the project will impose on an already stressed water supply system.
February 14, 2014: The City of Brockton and its residents are involved in three (3) separate lawsuits:
1. 2011 Supreme Judicial Court (SJC) Court Case in agreement with the EFSB's denial of Advanced Power from using municipal drinking water for cooling purposes. Oral arguments begin March 4, 2014.
All are welcome to attend the oral arguments at the Supreme Judicial Court on March 4th. The argument will begin at 9:00 a.m. sharp The SJC courtroom is on the second floor of the John Adams Courthouse in Pemberton Square (near Government Center and City Hall) in Boston.
For those who are interested but unable to make the trip to Boston on a weekday morning, you can also watch a LIVE WEBCAST of the oral arguments – This link will take you to the Suffolk University Law School site which hosts the webcast connection: http://www2.suffolk.edu/sjc/
2. 2009 Supreme Judicial Court (SJC) Case against the EFSB and the Commonwealth for siting a power plant in an Environmental Justice Community. This has not currently been scheduled for trial
3. 2012 Massachusetts District Court Case filed by Brockton Power claiming the corporation has had their civil rights violated by the City of Brockton for not allowing them to use the city's sewer effluent for cooling purposes. Latest news is that negotiation talks are ongoing between City and Brockton Power. Pretrial deadlines have been pushed back for 3 months so parties can continue settlement negotiations.
BREAKING NEWS: 4:00PM February, 6 2014
Brockton Power Civil Rights Lawsuit pretrial deadlines extended for three months because parties have "resumed discussions regarding a possible resolution of this litigation."
Has Mayor Bill Carpenter struck a back room deal with Brockton Power to bring power plant to Brockton without the City Council and residents knowledge?
Stop the Power seeks comprehensive pollution testing for Brockton residents
In Brockton we have major stationary sources of pollution, the wastewater treatment facility, the Thatcher Street landfill and others emitting toxins into the community that many residents are unaware of and we don’t measure for.
Currently at the Gilmore School we are only testing PM2.5 There are several pollutants at work in Brockton; Ozone, CO2 NO2, SO2, VOC and NOX
Click to read the full story below in The Enterprise
CLICK TO READ
BROCKTON RESIDENTS AND CITY COUNCILORS CONTINUE TO OPPOSE POWER PLANT
What would Martin Luther King, Jr. do?!
It’s that guiding principle, that has led City Councilor Jass Stewart to oppose the proposed 350-megawatt power plant, which will bring undue health and environmental risks to residents.
“I opposed it, because I knew Dr. King would oppose it, too." - City Councilor Jass Stewart
Click the logo below to read the full story on Councilor Jass Stewart and Brockton's opposition to the power plant at: www.enterprisenews.com
READ THE FULL STORY AT ENTERPRISENEWS.COM
Councilor Stewart, keep up the good work! Government is most effective when we have intelligent and informed advocacy.
Stop the Power calls for Brockton's city councilors to align with Councilor Stewart and stand up for the rights of the poor and the oppressed.
- Stop The Power
Martin Luther King, Jr.
Click to watch below as Brockton residents Kate Archard, Cindy Ethier Kostka and Bishop Teixeira share their own opinions and have an unscripted conversation about their community and concerns for Brockton.
The EPA has set standards for four other air pollutants – lead, carbon monoxide, nitrogen dioxide, ozone and sulfur dioxide – and the city should push for a monitor that can detect those as well.
“With all of the hazardous and pollution emitting businesses in Brockton I think it is important that we test for all of them. “That will enable us to safeguard our future and regulate the existing dirty businesses in the city.”
CLICK ABOVE TO READ THE ENTIRE STORY AT ENTERPRISENEWS.COM
Lawyer for Brockton mayoral candidate Bill Carpenter sends threatening letter to Facebook group moderator of "The Brockton HUB"
“It’s shameful to suggest that public discussion of public records, during a campaign for public office, is somehow illegal. Does he think we live in North Korea?” - Walter Robinson director of the First Amendment Center, Northeastern University.
What would Bill Carpenter attempt to censor and hide as Mayor?
CLICK TO READ THE FULL STORY
The Brockton Hub (Open Community Bulletin Board)
BREAKING NEWS: PLEASE SHARE WITH FRIENDS AND FAMILY.
LOOK WHO OWNS BILL CARPENTER! THE BROCKTON POWER PLANT GROUP!
Bill Carpenter claims the power plant scheme is his plan for Brockton. "I prepared a financial blueprint for Brockton's future..."
Billy, would these be the same kind of "blueprints" that you used to file bankruptcy 3 times?
Bill Carpenter claims his decision for the power plant came after his "own due diligence".
Billy, is this the same due diligence that you used in your oversight on the School Committee over the business affairs and budgetary illegalities of George Bezreh?
Residents and Brockton business owners, don't fall for this modern day snake oil salesman and power plant pitchman. Brockton deserves better than this from our elected officials. Bill Carpenter is not qualified to run for public office.
In recent years Bill Carpenter has filed bankruptcy THREE TIMES and owed the IRS and the DOR over $249,000.
We cannot afford to have Bill Carpenter lead our great city. He lacks the managerial skills, judgment, and discipline to be in charge of the future of Brockton.
-Read below for more details-
CLICK THE OFFICIAL DOCUMENTS BELOW FOR MORE DETAILED INFORMATION ON BILL CARPENTER'S THREE BANKRUPTCY FILINGS OVER THE PAST SEVERAL YEARS.
DORIAN WILLIAMS from www.betterfutureproject.org and www.350ma.org joined BROCKTON advocate KATE ARCHARD on An Outside View to talk about natural gas, climate change, the proposed Brockton power plant and its negative impact on the city.
Listen below as two more Brockton residents get their voices out and call for change in the voting booths in the September & November elections.
City Council ignored residents tax concerns at the budget hearings and raised taxes again this year!
Residents to Brockton City Council: "Stop making excuses for raising our taxes."
Please join your fellow Brockton residents at City Hall this Monday night June 24th at 7PM at the Public Budget Hearing. Brockton Chief Financial Officer John Condon wants to raise your taxes again this year!
Listen below as Condon says Brockton residents don't want to pay for services. Show up to tell him that what we don't want to pay for are his schemes and bad business deals! Rox Staduim, Aquaria Water and Stonehill College's incorrect sewer rates!
June 4, 2013: Brockton residents demand no tax increase before Mayor Linda Balzotti and City Council. Mayor Balzotti ignores residents remarks. RecommendsCouncil pass largest tax increase allowed by law!
Watch the full video below.
PART OF THE STORY ON FAILED DESALINATION PLANT AQUARIA THAT IS COSTING BROCKTON RESIDENTS OVER $6 MILLION PER YEAR
Brockton residents Kate Archard & Bob Cogan are speaking out in radio commercials to express their opposition to mayoral candidate Bill Carpenter who plans to execute another one of former mayor Jack Yunits failed business ventures and build the power plant without residents and Brockton City Council approval!
Join Ed Byers a leading advocate for environmental and economic justice in Brockton as he is interviewed by Nathan Phillips of Boston University's Sustainable Neighborhood Lab.
Friday, May 10 at 12PM (Noon)
675 Commonwealth Avenue
Boston, MA 02215
CLICK TO READ ENTIRE ARTICLE: Ed Byers of Stop the Power to appear at Boston University this Friday with Professor Nathan Phillips.
“How much more do we want to invest in fossil fuel infrastructure and when is it time that we go in another direction?”- Nathan Phillips, Boston University
BROCKTON POWER TAKES CITY OF BROCKTON, OFFICIALS TO COURT SUES FOR $68 MILLION OVER ALLEGED CIVIL RIGHTS VIOLATIONS
The Boston Globe, February 7, 2013: Brockton to get new air pollution monitor but it only tests for PM 2.5 not other pollutants being emitted by Brockton's larget polluters.
Brockton City Health Director Louis Tartaglia questions whether Brockton air quality is well within state and federal limits.
CLICK ABOVE TO READ THE FULL ARTICLE
NEW BROCKTON AIR MONITORING STATION ONLY MEASURES PM 2.5
DOES NOT MEASURE OTHER POLLUTANTS THAT BROCKTON'S DIRTIEST BUSINESS ARE CURRENTLY EMITTING INTO OUR COMMUNITY!
BROCKTON NEEDS MORE COMPREHENSIVE POLLUTION AIR MONITORING EQUIPMENT
State energy officials will be in Brockton on Monday morning to announce the placement of a real-time air quality monitoring station in Brockton.The placement of air monitor will be key as there are already sections on the south side of Brockton that are overburdened with pollutants and have been called hot spots by the Brockton board of health.
Please arrive at City Hall at 10 a.m. Monday morning February 4th to help ensure that the air monitor is installed in the proper area of the city to help keep dirty proposed projects like the power plant stay out of Brockton! Proper placement of this air monitoring station will also help ensure that the Thatcher Street Landfill and the Wastewater Treatment Plant stay in compliance.
State Energy and Environmental Affairs Secretary Rick Sullivan and state Department of Environmental Protection (MassDEP) Commissioner Kenneth Kimmell will be at City Hall on Monday to announce the funding, location and placement of the monitoring station.
The announcement is set for for Monday morning February 4th at 10 a.m. at City Hall, 45 School Street.
February 2, 2013: CLICK TO READ THE FULL ARTICLE: BROCKTON EXECUTIVE HEALTH OFFICER, RESIDENTS AND BUSINESS LEADERS WANT REAL TIME AIR MONITOR ON SOUTH SIDE
BROCKTON TO GET AIR MONITORING STATION: CLICK TO READ THE ARTICLE
ROXBURY MA HAS A REALTIME AIR MONITOR SIMILAR TO THE ONE WE HOPE TO HAVE IN BROCKTON.
Watch the latest episode of An Outside View with host Richard Zaccaro below.
On this episode see clips from the Brockton City Hall meeting where despite hundreds of Brockton residents showing up and asking for no more taxes the City Council voted in favor of both residential and commercial tax increases for Brockton taxpayers.
JOIN YOUR FELLOW RESIDENTS AT BROCKTON CITY HALL TO OPPOSE THE PROPOSED 2013 TAX INCREASE!
DECEMBER 3, 2012 - 7PM - 45 SCHOOL STREET, BROCKTON, MA
If you wish to speak at the meeting please send a written request to:
Anthony Zeoli City Clerk
45 School Street, Brockton, MA 02301
For more information please contact:
Brocktonians for Limited Taxation
CLICK ABOVE TO READ THE ENTIRE STORY: "TAXPAYERS HAD ENOUGH!"
Over 100 Brockton residents gather at public meeting Friday night to fight higher taxes. Next event planned for City Hall
Brockton Mayor Linda Balzotti and CFO John Condon's leadership questioned.
Watch the entire meeting and comments from Brockton residents to City Hall below!
Honorable Mayor Linda Balzotti, the residents of Brockton ask you to STOP THE CON GAME! Please ask for Brockton CFO John Condon's resignation.
CLICK ENTERPRISE NEWS TO READ! JOHN CONDON CLAIMS $300,000 TO FIGHT THE POWER PLANT WILL PUT THE CITY AT FISCAL RISK YET AQUARIA & ROX DEALS THAT HE SUPPORTED COST TAXPAYERS OVER $8 MILLION PER YEAR
STOP THE CON GAME!
He was conning us in 2007 and he is still conning us today!
READ JOHN CONDON'S 2007 LOVE LETTER TO THE POWER PLANT BELOW!
CLICK THE DOCUMENT TO READ JOHN CONDON'S 2007 LOVE LETTER TO THE POWER PLANT!
THE POWER PLANT IS NOT BROCKTON'S PROBLEM!
JOHN CONDON IS BROCKTON'S PROBLEM!
John's Con: Just this week John Condon said the city of Brockton is facing fiscal ruin if the taxpayers fund another $300,000 to fight the power plant. Condon said he would not give his approval to this expense.
The Truth: Brockton has over $23 million in free cash in the bank! Because of John Condon the Brockton taxpayers pay over $1 million per year on the failing Brockton Rox and $6 million per year on the Aquaria brackish water plant for absolutely no water in return!
John's Con: In his 2007 letter supporting the power plant, John Condon said in fiscal year 2008 the city was "forced" to use more than $3 million in reserves to close its budget deficit and fiscal year 2009 Condon projected a deficit of $10 million dollars.
The Truth: There was no deficit under Condon! The City of Brockton currently has $23 million in free cash on hand and has maintained high levels of free cash over the past ten years.
John's Con: In 2007 Condon stated the city would need to make $1 million in cuts to balance the budget to save city jobs of clerks, tradesmen, laborers, firefighters and police.
The Truth:Condon was wrong! The City of Brockton has not made any cuts and doesn't need to because of the high cash balances and free cash the city carries year after year.
Brockton residents and taxpayers, call the Honorable Mayor Linda Balzotti (508) 580-7123 and ask her to call for CFO John Condon's resignation. For the health, wealth and well being of all Brocktonians. We have no confidence in John Condon's ability to perform his duties as CFO of this great city. Truth Matters!
Click the video to watch the untruths told by City of Brockton Chief Financial Officer John Condon on The Ron Van Dam Show!
The following is a quote by Brockton Power LLC and Brockton Power Company LLC from their lawsuit.
"The fact that an economically struggling city like Brockton would rather see a potential revenue stream dumped in the Salisbury River instead of sold to the Project for millions of dollars in new-found revenue (not to mention assiting its neighboring towns), speaks volumes about the irrational lengths that the defendants have gone to discriminate against the Project and deny it essential rights of access to necessary resources."(PAGE 20, ITEM #123 OF LAWSUIT)
This quote shows the contempt that these developers have for the residents of Brockton.
In describing what the city is funding, Balzotti said the she has fully funded the Law Department’s line item for outside legal counsel, “not because of any self-serving businessman or few would-be political candidates, but because I believe it’s in the best interest of the city that we continue our opposition to the proposed power plant on Oak Hill Way.”
On behalf of Stop the Power, lets continue the fight together to end this five year ordeal, the end is near!
Mayor Balzotti, Stop the Power sincerely thanks you for announcing to the public that you are fully funding the legal fight against these predatory power plant developers at just the right time.
This frivolus $68 million dollar lawsuit tells us what we knew all along that we can never trust Brockton Power LLC and Brockton Power Company LLC to act in the best interests of the residents of Brockton.
"As stated in the lawsuit: In the absence of federal judicial intervention to enforce the rule of law and protect the plantiffs' rights, the Project will fail"
(PAGE 3 OF LAWSUIT)
RESIDENTS OF BROCKTON | CHECK YOUR MAILBOXES THIS WEEK
Mayor Balzotti and Members of City Council:
Stop the power plant - 3 easy steps
1. Accountability - Make sure that all public process and protocol is followed. No more defaults!
2. Public Disclosure - Hold public hearings on all major issues about the Power Plant. Do not purchase the Desalinization plant without independent scientific and economic evaluation. Hold full city council and public hearings.
3. Preparation - Make sure that the City and its agencies are well prepared with legal resources and expert witnesses to fight the Power Plant. Make sure that the Planning Board and other City agencies have the resources to properly evaluate all submissions and filings.
CONCERNED RESIDENTS OF BROCKTON: Become informed of the decisions and details that Mayor Linda Balzotti is failing to tell you in her recent statement about the Brockton power plant battle.
MAYOR BALZOTTI CONTINUES TO NOT COMMENT ON SETTLED CASES IN HER STATEMENT
Mayor Linda Balzotti as stated in her letter - "There are numerous legal cases involving the power plant pending in the courts. I am unable to comment on the specifics of these cases for obvious reasons."
Mayor Balzotti: It is the peoples position that there are also numerous legal cases involving the power plant that HAVE BEEN SETTLED in court and that as the Chief Executive Officer of the City of Brockton you can and should discuss the details of these cases with the 100,000 residents that are effected by these decisions. Please explain to us what went wrong with these settled cases?
Mayor Balzotti you seem to be choosing to remain steadfast not in your conviction to fight the power plant but in your conviction to not comment on the concessions the city has quietly made over the course of the last two years.
It is also the peoples position that if the public had been given the hearing process that they deserve and you as our Mayor engaged in a campaign of full transparency and communication with not only the City Council but also the residents whos lives are effected forever by these settlements there may have been a more positive outcome for all of us.
It's time for Brockton City Hall to hold themselves to a higher standard.
Mayor Balzotti could you make your position perfectly clear to the people as to why the city ignored the public process and why the city continues to leave the residents out of the conversation as the losses mount?
Mayor Balzotti, the 100,000 residents that you claim have a right to a clean, healthy quality of life also have a right to know the truth.
Timeline for Constructive Approval of the Wychmere Subdivision
1. On December 18, 2008, Brockton Power Company (“Brockton Power”), the owner of the land, submitted a site plan to the Planning Board. The plan was given to the Technical Review Committee for review.
2. On October 5, 2009, the Technical Review Committee returned the plan to Brockton Power because the appeal was pending and because the plan did not address certain air and water resources issues.
3. Brockton Power appealed to the Land Court and on August 19, 2011, the Land Court ordered that the plan be remanded to the Technical Review Committee for review. The Land Court denied Brockton Power's claim that it was entitled to final action on the plan by the Planning Board.
4. According to Rules of the City of Brockton, the final comments of the Technical Review Committee must be presented to the Planning Board in consideration of final action by the Planning Board.
5. It appears that the Technical Review Committee did not consider the plan subsequent to the Court remand or if it did, it was not at a public meeting. There is no apparent record of final comments on the plan.
6. Notwithstanding the lack of final comments from the Technical Review Committee, on December 10, 2010, Brockton Power submitted a definitive subdivision plan for a three parcel development entitled “Wychmere Industrial Park.” There is no indication in the plan that the true purpose of the development was the construction of the Power Plant.
7. Before the submission of the final plan to the Planning Board, on October 23,2010, Brockton Power sued the Planning Board and its members claiming that because the Planning Board had not acted, it was constructively approved. The suit was apparently based upon the Planning Boards failure to act on the submission of the Preliminary plan for Wychmere Industrial Park. The Planning Board had returned to Preliminary Plan that the application for approval was not properly before the Board.
8. On December 13, 2010, the Board returned the Definitive Plan because it was non-compliant with filing requirements.
9. Shortly after the suit was filed, Brockton Power moved for summary judgment. The Planning Board did not file an answer or an opposition to the summary judgment motion.
10. Oddly enough, on April 19, 2011, while the Brockton Power lawsuit seeking constructive approval of the plan was pending and subject to a summary judgment motion, the Clerk of the City of Brockton, represented by Mark Gildea, filed a declaratory judgment action against the Planning Board and Brockton Power. In effect, the lawsuit amounted to the city paying outside counsel to sue itself.
11. The Complaint, which tracked the language of Brockton Power's prior lawsuit against the Planning Board requested that the court adjudicate the dispute between Brockton Power and the Planning Board and issue an order directing the Clerk whether to file the constructive approval certificate. It is unclear whether the Clerk has standing since without the Planning Board submitting the constructive approval certificate to the Clerk, there was nothing for the Clerk to do. So, in essence, the Clerk had no obligation to Brockton Power at the time it filed the lawsuit. Only once the Planning Board issued a certificate, did the Clerk have a legal duty. The proper defendant for the Brockton Power case remained only the Planning Board. The Clerk was not named as a defendant in the earlier Brockton Power case seeking constructive approval.
12. It also may be a violation of the Rules of Professional Conduct for Attorney Gildea to have filed the lawsuit when he also represented the City Council which was no record as being against the power plant and had filed a amendment to the zoning laws stating that a power plant was not a permissible use for an Industrial U-3 Zoning. (There was an apparent conflict of interest in the dual representations and according to the Rules, where such conflicting representation is permitted, and it is likely it is not in this matter, written approval of the waiver of the conflict is required by all parties.)
13. Even more bizarrely, on February 8, 2012, all of the parties to the declaratory judgment moved for approval of an agreed upon judgment giving Brockton Power ever request for relief sought in its separate lawsuit. In fact, the motion for approval of judgment was jointly filed in both proceedings. Neither the clerk nor the Planning Board raised any defense or any alternative resolution less harmful to the Planning Board, the interests of the City or the City Counsel. Brockton Power could not have done better after a full trial.
14. The Judgment, dated February 9, 2012, provided for constructive approval of the definitive plan; grandfathering in the power plant as of the date of the filing of the preliminary plan, a week before the power plant bar went into effect; and, final approval of the plan deemed effective as of March 30, 2011.
15. Thus, the Definitive Plan was deemed approved by agreed upon judgment without any prior hearings of the Planning Board considering the merits of the subdivision, the plan was grandfathered in for a power plant even though the plan itself does not refer to plans to build a power plant or provide for the site development of a power plant. To the contrary, it appears that the proposed subdivision is simply for a three building industrial park. There were no public hearings or notices relating to the waiver of the Planning Board and the clerk of any defenses it may have had. It is unclear whether the city council, the mayor or the clerk were aware of the details of the lawsuit or the non-defense of the two lawsuits.
16. Pursuant to the agreed upon judgment, on April 11, 2012, the Planning Board filed with the clerk the required notice of constructive approval of the Wychmere subdivision.
Brockton Power Plant Forum | Watch Below
The first episode of An Outside View with Dick Zaccaro aired earlier tonight on Brockton Public Access Channel 9. Watch the full episode below.
To submit story ideas or to become part of future episodes and engage in an open and honest dialogue in Brockton email the show: firstname.lastname@example.org
Brockton City Council Still Holds Worries About Rox
“If we get out in late summer, and we’re getting 35 people a ball game, it’s pretty clear the Futures League model won’t work." Brockton Chief Financial Officer, John Condon.
“My personal opinion is, in my experience, there are certain industries that are higher risks than others to lend against,” he said. “The restaurant industry is high risk to lend against. And baseball. Anything that’s put up against consumer’s discretionary dollars you’re subject to the fickleness of a consumer.” Joe Casey, chairman of the board Brockton 21st Century Corp and Chief Financial Officer at Harbor One Bank.
Click the photo on the right to read the entire article on EnterpriseNews.com
CLICK ABOVE TO READ THE ENTIRE ARTICLE
Rox Report to Brockton City Council Sounds Cautious
“From a bank’s perspective, there’s a lot of risk in operating a baseball franchise. There’s additional risk in moving to a new league that is somewhat untested – its second year in operation.” Joseph Casey, chairman of the Brockton 21 Century Corp., and Chief Financial Officer at HarborOne Credit Union.
Click on the Enterprise logo to the right to read the entire article.
CLICK ABOVE TO READ THE FULL STORY
Take a Look Around, It's Your World Brockton.
CLICK TO READ THE BOSTON GLOBE
CLICK TO READ BOSTON.COM
CLICK TO READ ENTERPRISE NEWS
CLICK TO READ WICKED LOCAL
Former Siemens Executives Charged with Bribery
German industrial giant Siemens part owner of Advanced (Brockton) Power
Read the full article below in the New York Times.
CLICK ABOVE TO READ THE FULL STORY!
City of Brockton using taxpayer dollars to pay water desalinization plant Aquaria over $5 million per year, getting nothing in return.
170 AQUARIA DRIVE
SULFURIC ACID, SODIUM HYPOCHLORITE, POTASSIUM PERMANGANATE, PIPES USED TO TREAT THE WATER.
FISH EGGS COMPLICATING WATER MANUFACTURING. AQUARIA SPENDING $2 MILLION TO TRY TO SOLVE ISSUE
WHY IS CRYSTAL ROCK DELIVERING DRINKING WATER TO EMPLOYEES OF AQUARIA, WHY AREN'T THEY DRINKING THEIR OWN WATER
INSIDE AQUARIA'S PLANT FISH EGGS COMPLICATING WATER DESALINIZATION
One person (Brockton CFO John Condon) is interpreting and executing an agreement with Aquaria that is costing the residents of the city of Brockton over $4 million per year. In return from Aquaria for our $4 million dollars annually the city is getting absolutely nothing for their annual investments. This deal is unconscionable. We should obtain an outside legal opinion with no political or business interests in the city to interpret the contract.The city gave its number one resource (water) away and has allowed someone else to profit from it. How much is this $4 million dollars per year costing all of us in police protection, infrastructure and quality of life in the city of Brockton? You decide.
This is simply the latest in a long line of deals in the city of Brockton in which the taxpayer comes up short.
Call or email Mayor Linda Balzotti to ask for an outside legal opinion on the Aquaria water contract that is costing us over $4 million per year.
Why is the city paying Aquaria $4 million a year
when they are not drawing any water and have no present need for the water?
Article 5.2.2 of the Agreement between the city
and Aquaria specifically states, “Brockton shall have no minimum daily or
annual purchase requirement.” Doesn’t that provision mean what it states? It is
What language in the Agreement supersedes this
provision to require the city to pay the $4 million a year?
Doesn’t the language in 5.2.1 titled Firm
Commitment apply to Aquaria not to the city? It states “subject to the terms
and conditions herein, Supplier (Aquaria) shall make available to Brockton a
minimum of the Firm Commitment of water on a daily average and yearly average.
Isn’t the purpose of this language to assure that the city will have a minimum
supply of water should it purchase any water?
That construction of the provisions would
provide for a consistent reading of sections 5.2.2 and 5.2.1.
Doesn’t article 6.1.1 which sets the rates and
resale rights of the parties, simply state what the minimum annual charge to
Brockton would be if it purchases the amount set forth in the Firm Commitment.
Is there any language which could reasonable be interpreted to override the
clear language of section 5.2.2 that Brockton has no annual purchase
Does the City’s interpretations that section 5.2.2
simply states that Brockton doesn’t have to take the water that it is required
to purchase make sense either textually or legally. Why would the negotiators
have intended such a clearly written provision to have such a strained and
counterintuitive interpretations? Why would Aquaria care that Brockton wasn’t
taking the water it paid for? Isn’t the obvious and simple explanation of the
meaning of that paragraph that correct one – that Brockton has no obligation to
purchase any amount of water from Aquaria the correct one?
Doesn’t it make sense that Brockton, which is
funding the construction of the plant, simple wanted to make sure that it would
have a minimum available amount that it could purchase if it needed any water
and that it is why the language of 5.2.2 was negotiated? Why would Brockton
which funded the project also be willing to commit to payments in the long term
when it could not have been sure that it would need the water, particularly
with the population of Brockton either being steady or declining?
Thomas Brophy, Robert Sullivan and Kate Archard all pleased to have endorsement of Stop The Power!
Read the full article below in the Brockton Enterprise!
BROCKTON CITY COUNCILOR JASS STEWART LOSES HIS POWER BASE
At the debates last night Councilor Jass Stewart said, "We haven't made the decision internally." when asked whether the City of Brockton should start negotiating with Brockton Power. Stop The Power wants to know, who is "WE?"
We the people of Brockton have already said "NO!"
Watch the full video of the Councilor-at-Large debate below courtesy of BrocktonBeat.com
"If there's three (court) opinions to be rendered, and opinion one and two are not in our favor, what does that mean for opinion three? ... I think we need to better understand what that sequence looks like so we can internally make that decision."
- City Councilor Jass Stewart speaking on October 19, 2011 about losing hypothetical court cases as a means and reason to negotiate with Brockton Power.
The power plant isn't a negotiable issue. It should be decided by the residents of Brockton, not the hypothetical courts in Jass Stewart's imagination.
Watch the entire Brockton Mayoral Debate below between Mayor Balzotti and concerned resident and challenger Ron Matta!
June 30, 2011: "Yunits called me and first of all, I never thought this would become a public conversation so I went to the group thinking it would be a private chronology of what happened, and my thinking." - City Councilor Jass Stewart on bringing up the idea of mitigation and negotiation with the power plant proponents at a public meeting at City Hall.
CLICK THE VIDEO BELOW TO WATCH:City Councilor Jass Stewart talk to Ron Van Dam about mitigation, contingency plans, and his "private" meeting with Jack Yunits, where they negotiated the health and well being of our families and friends and discussed ways to bring the power plant intoBrockton!
"You think the great one Rocky Marciano had a contigency plan? He was in the ring to win, he refused to lose." - EnterpriseNews.com reader, "ideal1"
June 29, 2011: Ed Byers was on WXBR 1460AM with Bill Carpenter to discuss City Councilman Jass Stewart suggesting mitigation plans to the group who has fought the power plant for over four years. Councilman Stewart claimed he met earlier in the year with Jack Yunits, a power plant proponent.
Click the links below to listen to the full interview
The Energy Facilities Siting Board has published their final decision denying Advanced "Brockton" Power the use of Brockton potable water by a vote of 6-1. Read the full decision in the PDF file below!
"In the industrial category, existing water users in the City require significantly less water on an average daily basis than would the project." - EFSB Final Decision
The Company's assertion that it's water would come from Aquaria and not Silver Lake is dubious. - EFSB Final Decision
"As a BMWS customer, Brockton Power would not be in a position to restrict its water use to Aquaria water. The City operates the municipal water system and it states that it would elect to use its traditional water sources before using Aquaria water. Brockton Power will not be able to influence that decision. Therefore, the Board concludes that some, and possibly even a significant portion, of the Project’s municipal water could come from Silver Lake." - EFSB Final Decision
"The City’s water supply problems have resulted in significant environmental impacts to the Silver Lake system." - EFSB Final Decision
"Accordingly, regardless of whether the Siting Board considers the water supply Project change as a stand-alone proposal or the Siting Board balances the effects of all three proposed changes,the Siting Board finds that the Company has not sustained its burden of proving that the environmental impacts of the proposed change or changes have been minimized consistent with the minimization of costs associated with the mitigation, control, and reduction of environmental impacts." - EFSB Final Decision
Brockton power plant battle focuses on developers' need for water
CLICK TO READ THE FULL STORY IN THE BROCKTON ENTERPRISE
“Whenever we have met with Advanced Power we have told them that if Brockton doesn’t want the project it is going to be very difficult for them.” “We can’t say no if they can meet the contingencies. It is not my job to decide whether this is a good project for Brockton or not, but it will be very, very difficult for Advanced Power to get this if Brockton doesn’t want it.” - Alfredo Andres, general manager for Aquaria Water.
Aquaria is drafting a letter to Mayor Linda Balzotti and the Brockton City Council to reiterate the obstacles Advanced Power faces in order to buy water from Aquaria. - The ball is now in Mayor Balzotti's court. The mayor and the council can stop this project now!
CLICK BELOW TO READ THE FULL ARTICLE IN THE BROCKTON POST!
AQUARIA CLAIMS NO DEAL IS IN PLACE WITH ADVANCED POWER
Good news today from the Energy Facilities Siting Board. A ruling in Brockton's favor! The board voted to adopt a final decision that Brockton Power cannot use Brockton potable water for its power plant.
"This is a historically stressed water system that has warranted Department of Environmental Protection involvement for decades. And now that the city has made progress in addressing the issue, I (can't agree) that we should increase their (water demand) by 20 percent." - Ann Berwick (siting board member)
Massachusetts State Representatives Geraldine Creedon, Christine Canavan, and Michael Brady are all against the proposed power plant in Brockton!
Brockton Mayor Misses Meeting with Cabinet Secretary
Click below to read the full story in the Brockton Enterprise
MAYOR BALZOTTI MISSES MEETING AT STATEHOUSE
Brockton Enterprise 9/15/11: City Air Quality an Issue
Ed Byers - "The request for new monitors is a forward-looking action aimed at deterring future “dirty businesses” from locating in the area."
Click the link below to read the full story!
CITY AIR QUALITY AN ISSUE
EFSB schedules final vote on power plant water question
The Vote to Prevent the Use of Brockton's Drinking Water for the cooling towers is VERY close-
Show up and send the message-WE DO NOT WANT THIS IN OUR COMMUNITY!
The Energy Facilities Siting Board has scheduled its hearing to discuss the Brockton Power Project Change Filing Tentative Decision: (4-3 water ruling)
Thursday, September 22, 2011, 10AM
Location: Department of Public Utilities, Hearing Room A, One South Station, Boston
ELECTED OFFICIALS WILL HAVE AN OPPORTUNITY TO ADDRESS THE SITING BOARD: Call the mayor and all of the city councilors who have said that they are against this power plant and ask them to be at the EFSB ruling next Thursday so that they can advocate for you!
Mayor Linda Balzotti - (508) 580-7123
Timothy Cruise (Ward 1) - (508) 587-0871
Thomas Monahan (Ward 2) - (508) 897-1311
Dennis Eaniri (Ward 3) - (508) 587-1513
Paul Studenski (Ward 4) - (508) 584-9029
Dennis DeNapoli (Ward 5) - (508) 588-8934
Michelle DuBois (Ward 6) - (774) 274-1344
Christopher MacMillan (Ward 7) - (508) 588-4753
Councilor-At-Large Jass Stewart - (508) 587-0022
Councilor-At-Large Robert Sullivan - (508) 857-2001
Councilor-At-Large Thomas Brophy - (508) 587-4875
9/10/11 | Brockton Enterprise News: Click the link below to read the full story!
Stop The Power would like to thank Bingham McCutchen LLP for advising Advanced Power, UK to quickly de-register the stopthepower.org domain name.
In the future if Bingham McCutchen LLP advises their client to leave Brockton it is our hope that they will again take swift action.
READ THE FULL STORY BELOW IN THE ENTERPRISE
CLICK TO READ ABOUT THE KIND OF COMPANY ADVANCED POWER IS
Below is part of the letter that Stop The Power received from Advanced Power yesterday. Advanced Power claims that they had a good faith basis for registering the stopthepower.org domain name yet failed to offer their basis in the letter, all while waiving the white flag. This proves Advanced Power and their disreputable and deceitful tactics can be stopped. They cannot stop us, but we can still stop them! Thank you to everyone who has given their time and energy to help stop this power plant. This proves that the power is with us.
STOP THE POWER NEVER LET stopthepower.org LAPSE!
Now that this story has hit the media people are asking why Stop The Power let stopthepower.org lapse. Stop The Power never let it lapse. Below is the document showing Stop The Power made an attempt to extend .org through February of 2012.
The listed administrator of the site in 2010 was David Trojano. In May of 2010 the account was renewed through May of 2011. In June of 2010 the status on this account was then changed to "hold" "pending delete."
Call David Trojano and ask him how this was able to happen?
August 24, 2011: Ed Byers was on the Metro South Morning News with Kevin Tocci. Advanced Power if you are listening the concerned citizens of Brockton and the surrounding communities have one question. "WHY?!"
"The only reason that I mention this is that it is ODD." -The Big Show with Ron Van Dam on WXBR 1460AM (on Advanced Power aka Brockton Clean Energy hijacking www.stopthepower.org a website that belongs to the concerned residents of Brockton and the surrounding communities)
Advanced Power aka "Brockton Clean Energy" breaking "United States Code, Title 15 Commerce and Trade, Chapter 22 Trademarks: 15 U.S.C.A. 1125. False designations of origin, false descriptions, and dilution forbidden" by holding www.stopthepower.org
See Section (d) - Stop The Power owns the trademark by use under the common law of Massachusetts.
Advanced Power aka "Brockton Clean Energy" bad faith intent to profit is by removing any opposition or criticism of their business plan.
Advanced Power UK Hijacks www.stopthepower.org Domain Name
In a sleazy attempt to silence the grassroots efforts of local Brocktonians, Advanced Power has covertly hijacked our website www.stopthepower.org that we have been using to communicate important information to the residents of Brockton and the surrounding communities for the last 4 YEARS!
'Brockton Clean Energy' HIJACKED our .org domain name. There is nothing clean about that! Email email@example.com Or call CEO Thomas Spang - (617) 210-4770 Ask them WHY?!
Brockton Clean Energy has once again underestimated the resolve of the residents of Brockton!
CEO THOMAS SPANG
Call Thomas Spang the CEO behind the Brockton Clean Energy project and ask him what his 'big power company' intends to do with our small grassroots website stopthepower.org since his company felt it necessary to HIJACK the website that we used to communicate with each other. (617) 210-4770
Is this the kind of business that you want in Brockton?
EFSB denies motion for reconsideration on the vote to deny Brockton's drinking water to cool the proposed power plant
"It’s a tug-of-war and a matter of who has the stomach to stay in to the end of the game.’’ - Ed Byers
Brockton’s elected leaders are continuing to thumb their noses at an international power company set on building a $350 million natural gas-fired power plant in the city.
Power Plant Sides Vow Fight To The End
"There is an appeal of the air permit and we are putting that together now,” Brockton Mayor - Linda Balzotti
Click below to read the full article in the Brockton Post
CLICK ABOVE TO READ THE FULL STORY
CLICK THE BULLS-EYE TO TEAM UP WITH STOP THE POWER ON FACEBOOK!
BROCKTON POWER THINKS THEY CAN PUT THEIR SMOKESTACKS IN OUR BACKYARD. THINK AGAIN!
Does the Commonwealth Know what its doing?...........
What the EFSB says..........
........the Siting Board found in Section V above that Brockton Power has failed to establish that the proposed use of the land and structures is reasonably necessary for the convenience and welfare of the public. Accordingly, the Siting Board DENIES the petition of Brockton Power for several specific exemptions, as well as a general exemption, from the City of Brockton’s Zoning Bylaws.
EFSB Approval Decision Dated July 2009
In deciding not to grant the exemptions, the Siting Board concluded that the proposed project’s environmental and energy supply benefits do not outweigh expected local impacts. In previous cases, the EFSB has required plant developers to seek the exemptions at the local level, but said they could return to the Board if local authorities fail to provide zoning relief. In the Brockton case, the EFSB foreclosed that possibility.
Executive Office of Environmental Affairs Press Release
What the MassDEP says.................
This Conditional Approval, the MEPA certification and the EFSB initial approval indicate that the Applicant has met the requirements of 310 CMR 7.00 Appendix A(8) Additional Conditions for Approval and Section 172 (c)(5) of the Clean Air Act of 1990, and demonstrated that the benefits of the proposed project significantly outweigh the environmental social costs of the project as a result of its location and construction.
Mass DEP Conditional Air Permit Transmittal Number: W207973
Brockton Board of Health findings do not support DEP claims! Who knows Brockton better; Brockton or the state?
THE DEP JUST ISSUED A PERMIT GIVING BROCKTON POWER THE RIGHT TO POLLUTE IN BROCKTON. IS IT BECAUSE WE HAVE LARGE MINORITY AND DISADVANTAGED POPULATIONS?
WOULD THE DEP GIVE PERMITS TO POLLUTE IN TOWNS LIKE NEWTON, WELLESLEY, LEXINGTON, NEEDHAM OR HINGHAM?
Brockton - Black or African American population - 28% Massachusetts - Black or African American population 6%
Brockton - White population - 51% Massachusetts - White population - 81%
WOULD THE DEP GIVE PERMITS TO POLLUTE IN TOWNS LIKE NEWTON, WELLESLEY, LEXINGTON, NEEDHAM OR HINGHAM?
July 21, 2011: Massachusetts has more than enough power to run the 685 megawatt Pilgrim nuclear power plant at 50% capacity during this intense heatwave. Do you think we need another power plant if this is the case?
CLICK ABOVE TO STREAM WXBR 1460AM LIVE
June 30, 2011: Brockton City Councilor Jass Stewart catches heat for contemplating power plant loss
In a meeting of about a dozen power plant opponents at City Hall on Tuesday night, Stewart proposed that the group should plan for the “worst-case-scenario” of a power plant victory and what they would ask for in mitigation before that happened.
Click the Enterprise News logo below to read the full story
CLICK TO READ THE STORY ON JASS STEWART
June 30, 2011: Stewart, Power Plant Opponents At Odds Over Negotiations
Opponents of a proposed power plant in Brockton are crying betrayal following a meeting Tuesday night when Brockton City Councilor-at-large Jass Stewart voiced the idea of talking with power plant representatives about concessions and money Brockton Power might give to the city if the courts give the green light to the controversial project.
CLICK BELOW TO READ THE FULL STORY AT BROCKTONPOST.COM
CLICK TO READ THE FULL STORY ON WHAT HAPPENED TUESDAY NIGHT AT CITY HALL
June 20, 2011: City of Brockton's Opposition to Brockton Power Company's Motion for Reconsideration
Advanced Power Looking to Alter Original Plans! Public Meeting Tomorrow, Thursday, June 9th at 10 a.m.
CLICK TO READ STORY
The evidentiary hearings for the Notice of Project Change at the EFSB ended on December 22, 2010. The parties filed briefs and reply briefs with the EFSB in February 2011.
Since February we have been waiting for either an EFSB staff issues memo or an EFSB tentative decision. A staff issues memo is not required by regulations but often comes before a tentative decision and is used to inform the EFSB members of the issues identified by the staff and how the issues might be handled in a tentative decision. A tentative decision is required by regulations and the City and ACE will file a reply.
The EFSB circulated an issues memorandum last week. The issues memorandum outlines each issue (e.g. air, water, noise, etc.) and lays out each party’s position and the questions that the EFSB plans to answer in its tentative decision. Mr. Shea, the Presiding Officer, allowed the parties to file comments on the issues memorandum.
The next step is a meeting of the EFSB, which will happen Thursday, June 9, 2011 at 10:00 a.m. in Hearing Room A at the Department of Public Utilities.
A briefing of the meeting will follow.
NYTimes | Big Power Companies Targeting Disadvantaged Communities in Japan for the last 40 Years! Don't Let it Happen in Brockton!
CLICK TO READ STORY
Todd Petti Betrays Residents-Supports Power Plant AGAIN
CLICK TO READ STORY
Advanced Power has hired a new PR Firm to create a campaign to intimidate the City of Brockton with a massive public records request. Read the Story:
ADVANCED POWER LAUNCHES NEW CRISIS PR CAMPAIGN
ACE HELPS RESIDENTS IN THEIR FIGHT-CLICK PHOTO TO READ STORY
EFSB TO OPEN EVIDENTIARY HEARINGS
On Friday, the EFSB ordered a new full public hearing in Brockton to assess whether the proposed Power Plant should be permitted to use massive quantities of Brockton's drinking water to cool the power plant. The EFSB, rejecting the Power Plant's position that no new hearings are required, also re-opened the permitting proceedings to allow the citizens of Brockton to obtain evidence and question the power plant's witnesses about the merits of the proposed changes, including the use of public water and the change in the design of the plant shell.
Latest News-READ THE REPORT DONE BY ENVIRONMENTAL EXPERTS
June 18, 2010
Review of Proposed Conditional Approval
Major Comprehensive Plan Application
(Brockton Power Company LLC) BY ROUX ASSOCIATES, INC.
Environmental Consulting & Management
Prepared by Paul A. Eisen, CCM
1. The magnitude of predicted impacts for the Brockton site may have been significantly underestimated, and the probable location of those maximum impacts may have been incorrectly determined. Use of meteorological data in the underlying ambient air quality impact assessment from Logan Airport is not representative of the project site and environs, and may result in significant underestimates of potential impacts and maximum impact locations including potential impacts in Environmental Justice population areas.
2. The wastewater treatment facility that is immediately adjacent to the proposed power plant site, operates several diesel fired emergency generators, several boilers, and a residuals landfill (a potentially large source of fugitive PM2.5 emissions) in addition to the sludge incinerator. Yet, only the sludge incinerator was included in the assessment of potential cumulative 24- hour PM2.5 impacts.
Furthermore, a potentially large source of fugitive particulate emissions (Trojan Recycling, Inc.) is located approximately 0.8 miles from the site (to its North) at 71 Forest Street. This facility is required by the Brockton Board and Health to conduct biannual monitoring of particulates due to its potential PM2.5 emissions. Estimates of this source’s emissions, as well as biannual monitoring data results, need to be reviewed and considered in determining the need for and extent of interactive source assessment.
3. The assessment regarding the potential consequence of an accidental release of ammonia is severely flawed. What if there were to be a natural gas explosion at the facility that damaged the building and its enclosed ammonia tank? Such an explosion could easily provide the force necessary to blow the plastic ball-like baffles away from the diked area, leaving the site with a totally uncontrolled and near ground level release of 15,000 gallons of aqueous ammonia.
The Energy Facilities Siting Board (EFSB)met to discuss the Amendment to the Petition of Brockton Power's significant project redesign using Brockton's Drinking Water. We expect a decision from the EFSB within the next few weeks regarding the potential for additional public hearings, etc. relating to the significant changes sought by Brockton Power.
READ THE DOCUMENTS→
In addition, Brockton Power filed their Air Pollution Plan for approval with the MassDEP. The PUBLIC HEARING to receive public comment, both oral and written, on the proposed AIR POLLUTION PLAN will take place:
Supreme Judicial Court Case. The Energy Facilities Siting Board has not yet filed the administrative record with the Court, which is the next step in the case. That step has been delayed partially while the lawyers work out some procedural issues. The EFSB will be ready to file the record sometime in April. Then another procedural step takes place: transfer of the case from a Single Justice of the SJC to the full SJC. When that happens we will get our briefing schedule. Our latest guess is that we will be required to file briefs this spring and argue the case this fall.
Zoning. A zoning approval will be required. The company might try to file for a building permit without going to the Zoning Board of Appeals. We will be on the lookout for that. City Officials need to make sure a building permit does not get issued by oversight or mistake.
No diesel fuel. The company has said it will remove diesel fuel as an option. That is a victory for us. That change should require a new or amended filing with the regulatory agencies.
Use of City potable water. If the company decides to use city potable water for its cooling towers rather than effluent from the wastewater treatment plant then they will need to go back to the EFSB with a report on environmental impacts of that option. We will have the opportunity to comment on that.