Falmouth Wind Turbine II Balance Due 3.5 Million

The Mass. Water Pollution Abatement Trust (today is known as the Massachusetts Clean Water Trust) loan of approximately five million dollars that financed the construction of Wind 2 requires that the turbines remain operational.

The turbines have not operated since June 2017. There is no energy audit as required by federal ARRA regulations.

The Massachusetts Department of Environmental Protection 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.

The Massachusetts Department of Environmental Protection brokered the Project Regulatory Agreement using ARRA, American Recovery, and Reinvestment Act. The brokered agreement using the ARRA federal funds is between the Town of Falmouth and the Massachusetts Clean Water Trust. Sue Perez is now the Executive Director of the Trust.

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.

The nuisance turbines were shut down by the courts in June of 2017. In November of 2019, the Falmouth Select Board and Town Meeting voted 2.5 million to remove the wind turbines

The EPA guideline referenced in the DEP’s opinion letter both concern the use of clean energy for water quality projects.

Both Falmouth Wind I and II the town-owned wind turbines have not operated as energy-efficient turbines since 2017

The remaining balance of 3.5 million-plus interest is due.