MassDEP Conflicted Over Falmouth Wind Turbine Noise

The Massachusetts Department of Environment Protection since 2008 has acted as the architect of publicly funded wind turbines.

The DEP oversees contractors and almost everything except your health and safety working on publicly funded projects financed by the State Revolving Fund (SRF) In 2009 the federal government passed the American Recovery and Reinvestment Act of 2009 (ARRA) an economic stimulus package to stimulate the economy.

The common denominator for any town receiving public loans and grants for a wind turbine is the DEP.

The DEP enables all the other public financing agencies to work with the towns through an agreement known as the "Project Regulatory Agreement," aka, a wind turbine renewable energy power production agreement.

The Project Regulatory Agreement is written to ensure plans, designs, construction but above all others demands a production level and energy output from the wind turbines. The agreement makes it impossible for the DEP to take action against wind turbine noise as it would break its own financial demands of local town governments.

The DEP can no longer help the enforce its own regulations because of its involvement in wind turbine contracts.

The Project Regulatory Agreement does not take into consideration public health and safety it has become immoral with despicable inhuman conduct bordering on criminal.

We know today the DEP has been aware residents have been living in a toxic environment around the wind turbines.

It had been known prior to the installation of the Falmouth wind turbines they generate 110 decibels of noise.

In 2012, Mass DEP released for public review the Wind Turbine Health Impact Study. In that study, it describes 110 decibels of noise as chest-pounding and admits the turbines cause sleep disturbance.

The DEP is guilty of years of failure to act as well as the Massachusetts attorney general.

The AG's prosecutors belong to the Massachusetts Environmental Stike Force, an interagency unit comprised of scientists and engineers from the DEP and State Police.

The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens.

The Green Communities Act in 2008 has created a statewide second class group of citizens.

The Massachusetts Supreme Court in June of 2017 has shut down both Falmouth wind turbines as they are a nuisance.

RE : Falmouth Wind Turbine II MassDEP Loan

Note #1

Outside legal counsel has advised the MassDEP 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 11.

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)(l).