Community Corner

Winchester To Receive Payment for Environmental Violations

Winchester is receiving $61,268 based on the alleged violations committed by Wheelabrator.

The Town of Winchester will receive a payment of $61,268 as a result of a settlement resolving environmental violations allegedly committed by the operator of municipal waste incinerators.

Wheelabrator Saugus and Wheelabrator North Andover allegedly committed multiple violations of the Hazardous Waste Management Act by failing to properly treat and dispose of ash, and the Clean Air Act by failing to contain fugitive ash, according to Attorney General, Martha Coakley.

As part of a $7.5 million settlement, $3.5 million from a “Municipal Relief Fund” is being distributed by the Attorney General’s Office to towns that paid Wheelabrator for trash incineration services in 2009.  

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The Commonwealth alleged that the environmental violations gave rise to liability to the municipalities that contracted with Wheelabrator for trash disposal. Winchester is receiving $61,268 based on the alleged violations committed by Wheelabrator.

According to Acting Town Manager, Mary Ellen Lannon, the town needs to speak with its Comptroller, Brian Keveny, to find out how the money can be spent.

Find out what's happening in Winchesterwith free, real-time updates from Patch.

“These recoveries are rightfully owed to communities that contracted with Wheelabrator,” Coakley said in a statement. “Especially during these times when municipalities are dealing with difficult budget cuts, these refunds should help support essential services.”

Under the terms of the settlement, Wheelabrator agreed to pay a total of $7.5 million:

  • $4.5 million to create a Municipal Relief Fund, $3.5 million of which the AG’s Office will distribute to municipalities, after paying a statutory share to the whistleblowers who brought the matter to the government’s attention;
  • Two payments totaling $2 million for civil penalties arising from multiple environmental violations;
  • $500,000 donation to the Massachusetts Natural Resource Damages Trust; and
  • $500,000 for a supplemental environmental project or projects, to be approved by MassDEP and the AGO, designed to improve the environment in the vicinity of Wheelabrator facilities.

“This very creative settlement allows the Commonwealth to provide monies from the Municipal Relief Fund to communities that trusted Wheelabrator to manage municipal trash properly in accordance with our environmental regulations,” said MassDEP Commissioner Kenneth L. Kimmell in a statement. “Wheelabrator must be held accountable to its contract communities and get its operations in Massachusetts back on track. One hundred percent compliance with our environmental regulations is the only acceptable outcome for Wheelabrator.”   

In addition to the settlement, Wheelabrator must immediately hire an independent environmental auditor to monitor the company’s compliance with environmental regulations. The company will be subject to unannounced inspections by the auditor for the next three years.


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