Falmouth Wind Turbine II False Claims Act

Falmouth Officials Hid A Warning Letter From Vestas Wind Company During The Application For An EPA Waiver To Borrow Six Million Dollars Through ARRA, American Recovery and Reinvestment Act of 2009 funds

The Falmouth Wind Projects Have A History Of Far To Many Omissions and Mistakes.

The Town hid the warning letter for 5 years. The officials knew the turbines were too loud. The omissions are called lying by omission or fraud and making false statements

The warning letter : http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.VuKgS_krK00

Falmouth wind turbine II was built using ARRA, American Recovery and Reinvestment Act of 2009 funds from the federal government. The loan or grant was 6 million dollars.

In order to recieve funds from the American Recovery and Reinvestment Act of 2009 the Town of Falmouth had to recieve a wavier from the federal Environmental Protection Agency.

The waiver had to be issued because none of the funds appropriated for or otherwise made available by the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless— – All of the iron, steel, and manufactured goods used in the project are produced or manufactured in the project are produced or manufactured in the United States.” (2 CFR 176.70)

The waiver allows for products not produced or manufactured in sufficient and reasonably available quantities of a satisfactory quality in the United States. The Town of Falmouth applied for and recieved a federal waiver to buy Falmouth wind turbine number 2 a foreign made wind turbine despite the refusal of GE the domestic companies refusal to place a single turbine for safety reasons.

Before any wind turbines were built in Falmouth, General Electric a United States wind turbine company refused to build a "megawatt" wind turbine in Falmouth. General Electric a domestic wind company refused to build a turbine because of ice throw and saftey setbacks to residential property lines.

Wind turbine noise studies had been done for Falmouth using the GE wind turbine that generates 103.5 decibels. The Massachusetts Clean Energy Center admitted in 2013 that those noise studies were flawed. There are no noise tests or models for the larger foreign made wind turbine the Vestas V 82 type 1.65 megawatt turbine

On April 19, 2005 KEMA ECOLOGY AND ENVIRONMENT, INC and funded by the Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center report determined a special permit 240-166 was needed to build a wind turbine in Falmouth

While the Town of Falmouth was applying for a federal waiver from the EPA the town hid a noise warning from the foreign company Vestas. The warning was the turbine generated 110 decibels of noise. On the decibel scale this is more than twice the noise level of the GE domestic turbine.

The Town of Falmouth never told EPA officials about the refusal of General Electric the domestic wind company not to place megawatt wind turbines because of ice throw and residential setbacks

The EPA waiver states the megawatt wind turbines are manufactured goods that are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality.

Falmouth omitted in the waiver the fact that General Electric the US company refused to place megawatt turbines due to ice throw and residential setbacks.

The Town of Falmouth also told the federal officials : According to the submittal, Zoning Article XXXIV, Chapter 240, Section 240–166 requires a Special Permit for windmills with minimum setback from property lines.

The issue today is the town was aware a United States company refused to build a wind turbine due to ice throw and setbacks. The town hid a noise warning the forign Vestas turbines were twice as loud as the GE turbine. The town was aware on April 19, 2005 they needed a special permit and refered to special permit 240-166 in the Federal EPA waiver

The town never filed special permit 240-166.

Massachusetts official are aware of federal anti-fraud statutes that ensnare many entities and individuals desperate for the benefits of the stimulus legislation but unfamiliar with the pitfalls of accessing such benefits.

Entities applying for and receiving this federal funding subject themselves to a variety of laws designed to deter fraud against the United States,including the FCA.The False Claims Act recipients of the stimulus funds are subject to other federal anti-fraud statutes, including criminal statutes prohibiting false statements. 18 U.S.C. § 1001.

Falmouth Wind II became operational in January of 2011. The False Claim Act has a sunset of 6 years. Falmouth Wind II will be six years old in January of 2017. There is still almost a year to look into the 6 million dollar ARRA loan

The ARRA requires agency inspectors general to investigate fraud claims.To promote these efforts,the ARRA provides more than $200 million for various agency inspectors general and authorizes the inspectors general, in addition to reviewing company records, to “interview any employee of the contractor, grantee, subgrantee, or agency regarding such transactions.

The loan or grant given to the Town of Falmouth needs to be reviewed by federal officials

Town of Falmouth filed a federal EPA waiver for a 6 million dollar loan on Falmouth Wind II saying they were going file a Special Permit 240 166 because of the April 19 ,2005 KEMA report stating on page 29 a Special Permit is needed :
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 / Notices

SUMMARY: 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

Falmouth Wind II should never have been built and federal taxpayers need an explanation