SAUGUS — Attorney General Maura Healey put a stop to new rules intended to regulate Wheelabrator Saugus’ ash landfill. The articles were passed during a February Special Town Meeting.
Healey said in a letter to Town Clerk Ellen Schena that the three articles were disapproved because of procedural problems with the hearing process and because the articles conflict with state law. Specifically, towns are not authorized to place land use restrictions on landfills that interfere with the authority of the Massachusetts Department of Environmental Protection.
The articles were proposed by the Alliance for Health & the Environment, a coalition of environmental organizations and public officials opposed to the expansion of Wheelabrator Saugus, an energy-from-waste facility that disposes up to 1,500 tons of waste each day from 10 communities.
The first article amended the town’s zoning bylaw to add definitions for the terms “ash,” “landfill,” and “ash landfill.” The second was to add height and location restrictions on new and existing landfills. The third article sought to make the designated use of landfills allowable only in the town’s industrial districts and only by way of a special permit.
In the letter, Healey said a Planning Board hearing about the articles prior to the Town Meeting did not meet the 14-day posting requirements. Town Meeting members ultimately supported the zoning changes.
“Even if the town had followed the proper procedures, the bylaws nevertheless would be invalid on the merits under state law,” Healey said in the letter.
In her decision, Healey noted the town adopted a very similar bylaw that attempted to cap the height of any landfill in town to 40 feet in 2003. After it was challenged by Wheelabrator, land court determined the amendments violated statutory protections for solid waste facilities.
State Rep. RoseLee Vincent, who chairs the Alliance, said she was deeply disappointed in the decision to disapprove of the bylaws.
“I would argue that the basis of part of the Attorney General’s decision is inaccurate because the case law which is cited does not reflect the current situation,” said Vincent. “In the case which is cited, the Town of Saugus adopted a bylaw to prevent any landfills in the town from going beyond a height elevation of forty feet, when in fact at that time, the landfill in Saugus had state approval to extend to fifty feet. In this current situation, there is no such approval for any landfill in the town to extend beyond fifty feet, which is why I find it deeply troubling and disturbing that the people of the town cannot choose to restrict zoning of the height of landfills.”
Vincent wouldn’t say whether the Alliance would appeal the decision, only that “all options are on the table.”
But James Connolly, Wheelabrator’s vice president of environmental health and safety, said the decision will allow the state regulatory process to move forward based on what is the best environmental and economic solution for the town and the region.
“Wheelabrator remains open to a dialogue with the town about a long-term plan for Wheelabrator Saugus that will maintain and enhance our economic and environmental value to the community” he said.
Debra Panetta, chairwoman of the Board of Selectmen, strongly supported the articles. She called Healey’s decision disappointing.
“Town Meeting was trying to protect the Saugus citizens,” said Panetta. “It doesn’t make sense that we, the Town of Saugus, can’t stop this facility from having ash piles growing higher than 50 feet. Wheelabrator already got MEPA approval to uncap 39 acres of the landfill and to fill the last two stormwater collection valleys. Now, with this ruling, they will continue their quest to dump ash at a facility without groundwater monitoring, without liners, and without the protections that would be required in a modern landfill. This does not protect the people of Saugus. I will continue to pursue ways to limit the height of this ash landfill to keep our community healthy and safe.”
