EagleTribune.com, North Andover, MA

December 13, 2013

Firm fined $90K for illegal dumping in Methuen

By Douglas Moser
dmoser@eagletribune.com

---- — METHUEN — An Essex waste hauling company has settled claims with the state that it illegally dumped construction materials in Methuen, one part of a larger set of legal actions against the Methuen property owner and a group of haulers, according to the state Attorney General.

Dynamic Waste Systems, Inc., 34 Belcher St., Essex, agreed to pay $90,000 into a special state cleanup fund and $3,750 in civil penalties for dumping more than 115 loads of construction and demolition waste, including concrete, brick and stone, at a landfill at 51 Old Ferry Road over a period of 70 days.

“We will vigorously pursue those who fail to follow the Commonwealth’s solid waste laws and regulatory requirements,” Attorney General Martha Coakley said in a statement. “This settlement sends a strong message that haulers who improperly dispose of waste will be forced to clean up illegal dumping grounds.”

A message left for Dynamic Waste owner and president James C. Georgoulakos Jr. seeking comment was not returned yesterday afternoon.

This settlement is part of a larger group of claims. Thomas J. Battye, 75, owner of the Old Ferry Road site, is the subject of a separate, pending action brought by the Commonwealth related to solid waste violations. Coakley’s office is pursuing claims against additional waste haulers and demolition contractors who dumped or contracted for solid waste disposal at Battye’s site.

According to the complaint settled Wednesday, Battye never applied for or received an assignment to operate a solid waste facility from the Methuen Board of Health or a solid waste management facility permit from the Massachusetts Department of Environmental Protection.

Dynamic Waste’s $90,000 payment will go into a special fund to evaluate and clean up Battye’s site.

“Illegal dumping of solid waste undermines the protection of the Commonwealth’s natural resources, and it won’t be tolerated,” MassDEP Commissioner Kenneth Kimmell said in a statement. “Disposal of materials must be done at properly approved or permitted facilities without exception.”

A voice message left at a phone number listed to T.J. Battye Trucking, 51 Old Ferry Road, Methuen, seeking comment was not returned yesterday.

Battye had problems with neighbors and Methuen officials in the 1980s and 1990s over machine noise and chemicals in nearby Hawkes Brook. He admitted in federal court in 1986 to burning down a neighbor’s barn after the neighbor’s complained about Battye cutting down trees on their Renfrew Street property. At that time, Battye was implicated as a conspirator, though not indicted, in the federal case for helping to burn down an unprofitable Broadway lounge in 1984.

William Buckley, the director of community development for Methuen, said the Old Ferry Road site had been the subject of previous enforcement orders going back years.

“It’s in an area that’s very sensitive environmentally,” Buckley said.

The attorney general’s office filed its claims against Battye in Suffolk County Superior Court in 2011.

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