Falmouth Vs Mass DEP Showdown Over Wind Turbine ARRA Stimulus Loans Blowing Whistle

Noise is a public health concern that falls within the scope of Massachusetts Department of Environmental Protection (MassDEP) authority as a form of regulated air pollution (M.G.L. Chapter 111, Sections 142A-M provide statutory authority for MassDEP's Air Pollution Control Regulations, 310 CMR 7.00, and the MassDEP Noise Policy

Massachusetts citizens in twenty-one communities have asked why the Massachusetts Department of Environmental Protection has done nothing to stop the wind turbine noise.The answer is simple. The MassDEP aka ' The Department " participated in organizing loans and grants on commercial wind turbines through the Massachusetts Water Pollution Trust.

The Massachusetts Department of Environmental Protection otherwise known as " The Department " in the Falmouth turbine documents is also responsible for making the financial arrangements for the Falmouth, Massachusetts wind turbine State Revolving Fund, SRF, loan on its second wind turbine Falmouth Wind II.

Prior to the installation of Falmouth Wind II the Town of Falmouth and " everyone " involved in the installation of Falmouth Wind I the first turbine was aware of the 110 decibels written noise warning conveyed by the manufacturer of both towns owned turbines Vestas. Emails prior to the installation of Falmouth Wind II also warned of dire health consequences over the noise.

General Electric a domestic wind turbine company refused to place a single small wind turbine because of safety, residential home setbacks, and ice throw to a nearby neighborhood. A KEMA Inc map from 2005 five years before the first wind turbine installation showed a General Electric turbine would generate 50 decibels of noise on Black Smith Shop Road.

The Vestas foreign made wind turbines were known to be at least twice as loud as the General Electric domestic wind turbines.

To make matters worse the Falmouth Wind II needed a federal EPA waiver to buy a foreign wind turbine with loan proceeds from the ARRA, American Recovery and Reinvestment Act of 2009. The EPA waiver was granted despite General Electric a domestic wind turbine company refusing over safety issues.

The Special Permits were never filed resulting in two Massachusetts Superior Court judges shutting down both turbines because of human annoyance.

The federal EPA waiver referenced the Town of Falmouth filing Special Permit 240- 166 to install Falmouth Wind II and in addition KEMA Inc the company hired by the state designated the Special Permit process as a means to install the wind turbines. The permit process required additional notification to the neighbors, more noise studies, and notification to the Falmouth Zoning Board.

The state of Massachusetts was the original owner of Falmouth Wind I and had all the specifications including the noise levels that could be emitted at 110 chest pounding decibels of noise equal to a hard rock band playing 24/7.

The Massachusetts Department of Environmental Protection by their own choice tied their own hands.

The MassDEP could not be the architect of an American Recovery and Reinvestment Act stimulus loan for Falmouth on one hand and then shut down the Falmouth wind turbines after they started operation.

The Massachusetts Department of Environmental Protection by their own choice put themselves between a rock and a hard place. The state had a financial stake in selling Falmouth Wind I to Falmouth and an agenda of 2000 megawatts of wind power by the year 2020. The hard place was taking the health and property rights of Massachusetts citizens by outspending them in court litigation hoping they would go away.

The Massachusetts Department of Environmental Protection making themselves the enabler of ARRA loan agreements between state financial agencies and town governments took precedence over state noise regulations. The Massachusetts DEP has written letters to towns such as Falmouth that the turbines do exceed state noise regulations but has never taken legal action.

This brings us to the Massachusetts Environmental Strike Force. The Strike Force is an interagency unit comprised of scientists and engineers from the Massachusetts Department of Environmental Protection (MassDEP), State Police, and prosecutors from the Office of the Attorney General. The Strike Force gathers evidence during undercover investigations, carefully builds cases against alleged environmental violators, then takes them to court. Violations include willful pollution of our water or air.

Why hasn't the Massachusetts Environmental Strike Force taken action over the wind turbine noise described as torture by the neighbors?

The state has put itself in the position of enforcing regulations based on political agendas. History shows what happens when the state decides to create second class citizens
The Massachusetts Department of Environmental Protection required the Town of Falmouth to sign a 62-page loan agreement that also had a "Project Regulatory Agreement" by the MassDEP also known as " The Department "

Falmouth Town Meeting Members at a Special Town Meeting in June of 2009 voted to finance its second wind turbine Falmouth Wind II.

The Town of Falmouth signed the 62- page wind turbine loan agreement in February of 2010

The 62-page loan agreement makes references to the Whistleblower rights and protections

Fraud, Waste, and Abuse...What is it?

What is Fraud

It is any intentional deception designed to deprive the United States, or EPA, unlawfully of something of value or to secure from the United States, or EPA, for an individual, a benefit, privilege, allowance, or consideration to which he or she is not entitled.

Maybe it is time to make the call

Loan Agreement Documents -Falmouth Wind II -- $4,865,000 0% Interest Loan

ARRA Grant for Wind II - Consensus Building Institute

http://www.cbuilding.org/sites/cbi.drupalconnect.com/files/ARR