Falmouth Wind Turbine Noise Nuisance MassDEP

Massachusetts DEP Noise Pollution Policy Interpretation

Noise is a public health concern that falls within the scope of Massachusetts Department of Environmental Protection (MassDEP)

Noise Background Noise is a type of air pollution that results from sounds that cause a nuisance, are or could injure public health, or unreasonably interfere with the comfortable enjoyment of life, property, or the conduct of business.

Types of sounds that may cause noise include:

• “Loud” continuous sounds from industrial or commercial activity, demolition, or highly amplified music;

• Sounds in narrow frequency ranges such as “squealing” fans or other rotary equipment; and

• Intermittent or “impact” sounds such as those from pile drivers, jackhammers, slamming truck tailgates, public address systems, etc.

Policy

A noise source will be considered to be violating the Department’s noise regulation (310 CMR 7.10) if the source:

1. Increases the broadband sound level by more than 10 dB(A) above ambient, or

2. Produce a “pure tone” condition – when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.

These criteria are measured both at the property line and at the nearest inhabited residence. “Ambient” is defined as the background A-weighted sound level that is exceeded 90% of the time, measured during equipment operating hours. “Ambient” may also be established by other means with consent of the Department

http://www.mass.gov/eea/docs/dep/air/community/noisefs.pdf

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The Town of Falmouth avoided the Special Permit process 240 166 because they knew prior to installations of their turbines they were dangerously too loud.

The town had this warning :

"The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances."

The Massachusetts Clean Energy Center admitted in an April 2013 memo :

"The original MTC-commissioned feasibility study for Falmouth over-estimated the likely acoustic impact, that study did not include a detailed acoustic analysis based upon sampling of ambient acoustic conditions (as is our current, more rigorous practice) which might have identified a potential exceedance of the 10 decibel limit,”

A simple fact noise warnings of two distinct types of noise "regulatory" and "human annyonace" were not given Falmouth residents that were in boiler plate noise studies produced by the Massachusetts Clean Energy Center

The Falmouth wind turbines are a bunco scheme of enormous consequence. The people who value intellectual honesty should not quietly be fleeced by such mendacity, even from their government officials
The town knew the turbines are a nuisance.

The intentional hiding of noise warning letters, memos and emails was not a "mistake" it was intentional
The avoidance of filing Special Permit 240 166 was reckless as it put the health and welfare of up to 200 residential home owners at risk over a noise they describe as torture.

The turbines took the American dream of home ownership and the right of those living around the turbines to enjoy their land

The town created health and property taking that creates actual harm and a substantial risk of future harm