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​Falmouth Fudged Facts On EPA Wind Turbine Waiver

Omission, or the failure to act, can be grounds for criminal liability

US EPA Emergency Response Team -File Photo
US EPA Emergency Response Team -File Photo (Image Credit: research.duke.edu)

In 2009 General Electric a domestic wind turbine company refused to build a megawatt wind turbine in Falmouth. A 2005 study done for the Town of Falmouth by KEMA Inc showed a single GE wind turbine required a Special Permit and could affect up to 99 homes. General Electric refused to place one wind turbine due to residential setbacks and ice throw.

In 2010 and 2012, the town of Falmouth, Massachusetts constructed a pair of Vestas V82 size 1.65 Megawatt wind turbines on their wastewater treatment plant. Each foreign-made wind turbine was twice as loud as the GE domestic wind turbine. Naturally, after the first wind turbine became operational, nearby residents started complaining about multiple types of noise.

There are a few interesting omitted facts related to the wind turbines in Falmouth.

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The Town of Falmouth had been warned prior to construction by email and written letter by August 3, 2010, that each one of the Vestas wind turbines by themselves were twice as loud as the GE wind turbine.

In order to build the wind turbines, the Town in June of 2009 held a rare Special Town Meeting to vote on borrowing 5 million in ARRA, American Recovery and Reinvestment Act funds. Town Meeting voted to accept the money which included an agreement that Falmouth Wind II the second wind turbine had to remain energy efficient or pay back the loan with 2 percent interest.

Find out what's happening in Falmouthfor free with the latest updates from Patch.

#1 In order to borrow the 5 million the town filed a waiver with the US Environmental Protection Agency to state: "Based upon information submitted by the Town of Falmouth and its consulting engineer, it has been determined that there are currently no domestic manufactured wind turbines available to meet its proposed project design and performance specifications." The town never told the US EPA in the waiver that General Electric refused due to residential setbacks.

#2 The town in the EPA waiver application said : "The Town of Falmouth has adopted a local ordinance regulating large scale wind turbines. According to the submittal, Zoning Article XXXIV, Chapter 240, Section 240-166 requires a Special Permit for windmills with minimum setback from property lines."
The town never filed Special Permit 240-166 for either foreign made wind turbines.

# 3 American Recovery and Reinvestment Act funds were used to danger public health & safety. The town was warned multiple times the Vestas wind turbines at 110 decibels each were twice as loud as the domestic wind turbine.

# 4 April 2, 2013, a memo was written by Massachusetts Clean Energy Staff and approved by the Massachusetts Clean Energy Center Board of Directors showing the original MTC , Massachusetts Technology Collaborative commissioned a feasibility study for Falmouth underestimated the likely acoustic impact.

The MTC now the Mass Clean Energy Center was the original owners of the Vestas wind turbines that couldn't be sold at auction in 2008. They had the noise documents prior to the installations in Falmouth

------------------------- EPA BUY AMERICAN WAIVER
"Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Falmouth, MA"

https://www.federalregister.go...

---------------------------

The Massachusetts Governor and the executive branch of Massachusetts state government which includes the Massachusetts Department of Environmental Protection and Massachusetts Clean Water Trust are and have been aware of the omissions in the federal EPA buy American wind turbine waiver since its inception. These agencies wrote the Project Regulatory Agreement using the American Recovery and Reinvestment Act funds for the Falmouth wind turbines.

The Massachusetts Department of Health or Environmental Protection Agency or any other Massachusetts state agency has never interviewed a single wind turbine victim in Massachusetts.

The state of Massachusetts and Town of Falmouth omitted multiple documents to build commercial wind turbines taking health and property rights.

Entrance to Falmouth Wastewater Treatment Plant - Scene of Wind Turbine Noise Protests -- ARRA Logo lower right of sign

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