Neighbor News
Falmouth Wind Turbine II ARRA Loan / Grant Was It Legal ?
To Purchase Falmouth Wind II Town had to file a Federal EPA waiver to EPA Agency Region 1 -New England -Town Hid Vestas Noise Warning
Falmouth Wind Turbine II a foreign made Vestas was installed and commissioned in 2012. It's financed through loan funds originated under the American Recovery and Reinvestment Act of 2009. The original amount of the loan is $4,865,000. The town had already placed its first turbine also a Vestas wind turbine in 2010.
General Electric a domestic wind turbine company refused to place a single megawatt wind turbine in Falmouth because of setbacks to residential property and ice throw to a nearby highway. The GE turbine specifications of 103 decibels of noise were used in the preliminary noise tests for the Town of Falmouth.
In order to get a American Recovery and Reinvestment Stimulus loan to purchase Falmouth Wind II the town had to get an Federal EPA waiver permit to buy a foreign made product the Vestas Wind II .
Find out what's happening in Falmouthfor free with the latest updates from Patch.
The Town of Falmouth was warned by letter and emails in August of 2010 by Vestas wind company that both Vestas wind turbines generate up to 110 decibels of noise. On the decibel scale this is double the General Electric turbine used in noise studies.
The town never disclosed the wind turbine noise warnings until Freedom of Information Act requests years after the Falmouth Wind II installation.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
Of special interest is a study by KEMA Inc done in two parts April of 2005 and November of 2005 concluded the town needed Special Permits to install its megawatt wind turbines.
Page 35 of the KEMA study clearly states a Special Permit is needed for the Town of Falmouth
Page 35 of PDF next :
www.falmouthmass.us/energy/fal...
In order to receive ARRA , American Recovery and Reinvestment Act of 2009 stimulus funds for Falmouth Wind II the Town had to filed for a Federal EPA waiver to the United States Environmental Protection Agency Region 1—New England.
In that application that was approved by the US EPA the Town of Falmouth provided this information :
“ The Town of Falmouth has adopted a local ordinance regulating large scale wind turbines. Zoning Article XXXIV, Chapter 240, Section 240–166 requires a Special Permit for windmills with minimum setback from property lines.”
The Massachusetts Clean Water Trust (SRFProgram), dispersed to the Town of Falmouth loans totaling $4,865,000 to acquire and install Wind 2.
The original interest rate is 0%
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EPA Waiver Application :
(SRFProgram) Clean Water State Revolving Fund Projects Receiving ARRA Subsidy
ENVIRONMENTAL PROTECTION AGENCY [FRL–9142–5] 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 AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice. Page 22129 Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / NoticesSUMMARY: The EPA is hereby granting a waiver of the Buy America requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Town of Falmouth, Massachusetts for the purchase of a foreign manufactured wind turbine to be installed at its existing wastewater treatment facility site.
This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Page 22130
Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Notices
half way down column # 1
“Based on information provided to the EPA, --------- the Town of Falmouth has taken the necessary steps to obtain all required local, state, and federal approvals to move forward with the proposed project. 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.”
http://www.gpo.gov/fdsys/pkg/FR-2010-04-27/pdf/2010-9751.pdf
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The Town of Falmouth had a KEMA Inc 2005 noise map for Falmouth Wind I that showed decibel levels over 40 decibels of noise on Black Smith Shop Road. General Electric refused to place a single 103 decibel wind turbine because of setbacks
The Town of Famouth withheld a warning letter that the Vestas 110 decibel wind turbines are twice as loud from the public and never disclosed the letter until years after the installations
The KEMA Inc map, emails and warning letter show the town should have filed Special Permit 240 -166 as stated in the Federal EPA waiver
The town hid or omitted information regarding the health and safety of up to 200 residential home owners
Spoliation of Evidence Doctrine Vs Laches Doctrine
The legal defense by the Town of Falmouth to prevent the neighbors of Falmouth Wind II to ask for Special Permit 240 166 is they waited too long. (Laches Doctrine)
The Town of Falmouth negligently withheld a noise warning letter for 5 years the turbines generated 110 decibels of noise. ( Spoliation of Evidence Doctrine )
The Federal EPA should never have approved the waiver for Falmouth to buy a second wind turbine after the Falmouth Board of Health receiving hundreds of written certified noise complaints
The Town of Falmouth had the documentation prior to the installation and loan/grant for Falmouth Wind II that the turbines generate 110 decibels of noise.
The Town has NO noise study tests for both Falmouth Wind I and Wind II operating together
