Falmouth Turbine Move Exposes Grant / Loan Fraud

The Town of Falmouth prior to the year 2010 was looking to install a General Electric megawatt wind turbine made in the USA. General Electric a US company refused to build a megawatt wind turbine in Falmouth due to residential setbacks and ice throw, aka safety and health.

The town then purchased a foreign made 110 decibel Vestas V-82 megawatt wind turbine from a state agency today known as the Massachusetts Clean Energy Center twice as loud as the General Electric wind turbine.

The town ignored noise warnings from Vestas leading to noise complaints almost to the date that the turbine began to spin in March of 2010. This turbine was named Falmouth Wind I.

By August of 2010 because of noise complaints Vestas warned the town in writing they had previously been warned by email and specifications that their turbine generates 110 decibels of noise.The Town of Falmouth despite the 110-decibel noise warnings from Vestas planned to buy a second Vestas V-82 turbine identical to the first turbine. In fact, Vestas required the town to sign off in the August 2010 Vestas noise warning letter the town accepted the liability to purchase the second wind turbine named Falmouth Wind II.

Falmouth Wind II required a 5 million-plus grant/loan of American Recovery and Reinvestment Act (ARRA) federal stimulus funds that can not be used to create a substantial and specific danger to public health or safety. Also in accordance with ARRA Section 1605 to put Americans to work, the federal EPA buy America requirements mandates required the town to file a project waiver to receive the ARRA loan/grant for a foreign made Vestas wind turbine. The purpose of the ARRA is to put Americans to work and use American steel products.

The waiver is titled: "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"

The notice for Falmouth Wind II was issued by the EPA April,27,2010- Document Citation: 75 FR 22129,-- Page: 22129-22131 (3 pages)--- Agency/Docket Number: FRL-9142-5 ---Document Number: 2010-9751. The Town of Falmouth at this time was fully aware of warnings from Vestas over the 110 decibels of noise and had been receiving noise complaints over the installation of Falmouth Wind 1 for over one month.

The loan/grant fraud starts in the federal EPA waiver. The Town of Falmouth states there are NO domestic wind turbines available. The town lying by omission leaves out the simple fact General Electric a domestic wind turbine company refused to place a single megawatt wind turbine over residential setbacks and ice throw, aka safety and health.

The Town of Falmouth knew a 5 million-plus grant/loan of American Recovery and Reinvestment Act (ARRA) federal stimulus funds that can not be used to create a substantial and specific danger to public health or safety. The town hid the August 2010 Vestas noise warning letter along with prior emails and a 2005 KEMA Inc map showing dangerously high levels of noise above state noise regulations at residential homes around the Wastewater Treatment Plant.

The EPA waiver states in writing "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 a minimum setback from property lines."

The Town of Falmouth never filed Special Permit 240-166 for either wind turbines.

Falmouth Wind II stated spinning in 2012. The fraudulent financing of Falmouth wind turbine # 2 also resulted in the Massachusetts Department of Environmental Protection acting as the broker between the Town of Falmouth and the Massachusetts Clean Water Trust to secure a 5 million dollar ARRA loan.

The agreement brokered by the MassDEP was called the Project Regulatory Agreement using state revolving funds,SRF.

The Massachusetts Department of Environmental Protection Project Regulatory Agreement had two roles one demanded the Town of Falmouth keep the Falmouth Wind II in operation to gain loan forgiveness. The other the MassDEP PRA agreement prevented the MassDEP itself from enforcing state noise guidelines and regulations against the Town of Falmouth because of the production agreement.

This embarrassing PRA agreement also prevented the MassDEP from enforcing noise regulations statewide as Falmouth Wind 1 and 2 were the first installed in the state.

Many have asked why the MassDEP over the years never enforced wind turbine noise regulations against towns or ever interviewed a single wind turbine victim in eight years. The reason being Falmouth PRA agreement tied the hands of the MassDEP by design another fraudulent act by our legislature and the MassDEP could not interview a wind turbine victim because they already had the answers before the wind turbines were installed.

In June of 2017 the Massachusetts Superior Courts shut down both wind turbines as they are a nuisance.

In October of 2018 the Falmouth Select Board callously in total disregard for public health and safety is attempting to move Falmouth Wind II and to reuse ARRA, American Recovery and Reinvestment Act funds that should never have been allocated for a 110-decibel wind turbine on town property.

The Falmouth Select Board is working with state officials at the Massachusetts Clean Water Trust to again take the safety and health of Falmouth residents.

Statement from Select Board October 15, 2018 : "Second point to make is if we relocate Wind II the likelihood that our 5 million dollar grant stays as a grant is very high as opposed to it turning into a loan that we have to repay. So there is also that additional 5 million dollar that does enter into the calculations of what we do with Wind II."

The Town of Falmouth should never have been awarded 5 million plus in a grant/loan of American Recovery and Reinvestment Act (ARRA), federal stimulus funds as it was well known a 110 decibel foreign made wind turbine is a danger to public health or safety.

After the October 15, 2018 announcement and plans to move Falmouth Wind II the town has received notification by mail from an Acoustic expert that the 110-decibel turbine needs a setback of 2923 feet.

The grant/loan fraud continue along with the danger to public health and safety. How much longer can politicians hide the damage they have done to the public health, safety and finances.

At what point do concerned citizens have to take out a full page ad in the newspaper to get an investigation of government officials using our tax dollars to inflict damage on our health and property rights for a political agenda gone horribly wrong ?