Falmouth Wind II ARRA Complaint Filed US EPA OIG

Complaint Filed 12/10/19 US EPA OIG 5M ARRA Funds Falmouth Wind II

US Environmental Protection Agency - Office of Inspector General - Office of Investigations

MassDEP/Mass Clean Water Trust Project Regulatory Agreement with Town of Falmouth requires if Falmouth Wind Turbine II is no longer energy efficient the 5 million American Recovery and Reinvestment Act funds used to build the turbine becomes a loan due at 2 percent interest. (3.5 million plus interest)

The courts shut down both turbines June 2017 well over two years ago. The town now plans to take down the turbines some time in 2020.

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Massachusetts Department of Environmental Protection Commissioner Ken Kimmell 2013 letter to Town of Falmouth:

Outside legal counsel has advised that Wind II is subject to specific provisions of ARRA and applicable federal regulations and guidelines ("Federal Law') in addition to the terms and conditions of the Project Regulatory Agreement ("PRA") and the Loan Agreement associated with the funding of Wind II, Under Federal Law and the PRA and Loan Agreement, the Town must maintain Wind II as an "energy efficiency" project, as described in EPA guidelines dated March 2, 2009, in order to benefit from the financial subsidy provided by the Trust under ARRA and the Trust's Clean Water State Revolving Fund program.

Under federal regulations governing the Trust's ARRA grant at 40 CRF Part 31.30(d) (1), if the Town chooses to change the scope or objectives for Wind II in any significant manner, the Town will have to request the Trust's prior written approval.

2013 Letter MassDEP To Town of Falmouth --ARRA Loan Falmouth Wind II Link :
http://www.falmouthmass.us/DocumentCenter/View/132/Letter-From-Town-Manager-Regarding-Wind-II-Loan-PDF?bidId=

Massachusetts courts shut down Falmouth Wind II June 2017 -- The project is no longer energy efficient - the remainder of loan 3.5 million plus 2 percent interest should be returned to the State Revolving Fund. That is why they call it the revolving fund. ASAP

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COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss SUPERIOR COURT CIVIL ACTION NO. BACV2013-00281
TOWN OF FALMOUTH vs. TOWN OF FALMOUTH ZONING BOARD OF APPEALS & others1

MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTION FOR PRELIMINARY INJUNCTION

Note 6 the Year 2013

The Mass. Water Pollution Abatement Trust grant/loan of approximately five million dollars that financed the 6 construction of Wind 2 may well be found to require that the turbines remain operational, but definitely does not expressly dictate hours of operation or electricity production minimums.

The Mass. DEP Commissioner has opined that either a complete shut down or operation of the turbines “only for a very limited period of time each day” would result in a violation of the American Recovery and Reinvestment Act of 2009's requirement that the turbines be operated as an “energy efficiency” project, as defined by the U.S. EPA Office of Water.

See Exhibit D3; EPA Memorandum March 2, 2009, Award of Capitalization Grants with Funds Appropriated by P.L. 111-5, the “American Recovery and Reinvestment Act of 2009”, Appendix 7, p. 43 (“Energy efficiency is the use of improved technologies and practices to reduce the energy consumption of water quality projects, including projects to reduce energy consumption or produce clean energy used by a treatment works . . . Producing clean power for . . . treatment works on site [such as] wind [power]”).

Link
https://waubrafoundation.org.au/wp-content/uploads/2013/11/11-22-13-FalmouthZBApreliminaryinjunctiondecisionandorder.pdf

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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

A Notice by the Environmental Protection Agency on 04/27/2010

AGENCY: US EPA --

https://www.federalregister.gov/documents/2010/04/27/2010-9751/notice-of-a-regional-project-waiver-of-section-1605-buy-american-of-the-american-recovery-and

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Falmouth Town Meeting Wind Turbine Article 14 November 13, 2019
2.5 Million To take down turbines shut down since June 2017.

Take down sometime in 2020?

Video Article 14 starts at 1 hr 03mins.
Town owes ARRA loan 3.5 million plus 2 percent interest.
Massachusetts politicians doing a favor not calling in the loan.

https://www.youtube.com/watch?v=yL15S6BPrdc&t=7208s