Falmouth Wind Turbine II Loan State Agencies Clash

Falmouth Violations of the American Recovery and Reinvestment Act of 2009 Wind Turbine Loan

The Falmouth wind turbines numbered one and two were partially shut down in 2013 and completely shut down by the courts in 2017.

Massachusetts Department of Environmental Protection:

Litigation documents in as many as eleven actions show the former 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.

By April 2, 2013, the Town of Falmouth had received a phone call from the Massachusetts Department of Environmental Protection Commissioner regarding the Project Regulatory Agreement loan on Falmouth Wind II that was brokered by MassDEP between the town and the Massachusetts Clean Water Trust using American Recovery and Reinvestment Act funds.

The town failed to file Special Permit 240-166 as stated in the federal EPA waiver to buy Americans according to ARRA regulations. The American Recovery and Reinvestment Act of 2009 was enacted to buy American steel and put Americans to work.

The town created "a substantial and specific danger to public health or safety related to the implementation or use of covered funds"

The MassDEP commissioner warned the Town of Falmouth and advised that the second town-owned wind turbine Wind II is subject to specific provisions of ARRA and applicable federal regulations and guidelines under federal law.

If Falmouth Wind II fails as an energy-efficient project the balance of the 5 million dollar loan is due plus interest.

Falmouth Wind II Federal EPA loan agreement: 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

Massachusetts Clean Water Trust:

The Massachusetts Water Pollution Abatement Trust aka Massachusetts Clean Water Trust loan of approximately five million dollars that financed the construction of Wind 2 requires the turbine remains operational and energy-efficient.

The turbines have not operated in compliance starting in 2013 and shut down in June of 2017. There is no energy audit as required by federal regulations.

The Executive Committee Meeting Massachusetts Clean Water Trust meeting May 23, 2018, shows the Town of Falmouth is exploring selling its second wind turbine II which is regulated by the project regulatory agreement.

As of November 2019, the Falmouth Select Board and Town Meeting voted 2.5 million to remove the wind turbines and put them in storage.

The turbines according to MassDEP have not operated in compliance since 2013 and according to Mass Clean Water Trust since 2017.

Falmouth Wind II is and has been out of compliance for multiple years :

Wind turbine technology changes for the better every six months. It is highly unlikely anyone would buy or reuse these turbines as they are 1990s design gear-driven turbines that haven't been manufactured for over ten years. Retrofitting a turbine of this age for reuse would be more expensive than the purchase of a modern turbine that same or larger in size.

It is obvious to the most casual observer the exercise in futility being allowed by the Massachusetts Clean Water Trust and the Massachusetts Department of Environmental Protection in league with the Town of Falmouth.

Falmouth wind turbines have been called a disaster on the national stage:

State and local officials who arranged the ill-conceived loan on Falmouth Wind II that took health and property rights have convinced Town Meeting Members it is a good idea to spend 2.5 million take down the wind turbines and buy more time to pay off the 3.5 million balance of the 5 million ARRA loan.

In Massachusetts predatory lending standards say that a loan is unlawful if the lender knew or should have known that the borrower would be unable to pay off a loan. MassDEP and the Massachusetts Clean Water Trust should never have made this 5 million dollar loan to the Town of Falmouth.,

The Town of Falmouth had been warned by the foreign wind turbine manufacturer prior to the construction of Falmouth Wind II that the 1.65-megawatt V-82 turbine generated 110 decibels of noise twice as loud as any domestic wind turbine.

The town failed to file its own zoning regulation special permit 240-166 as stated in the federal EPA waiver because it would require producing the August 2010 written warning to the Zoning Board. In which case the Falmouth Wind II turbine would never have been built.

The ARRA funds are federal taxpayers funds which should never have been used to create a danger to public health or safety

The town owes 3.5 million plus interest to the taxpayers of the United States.