SWAMPSCOTT — The town announced that it has reached a settlement with Holcim Group and Aggregate Industries in the form of an earth-removal permit agreed upon by all parties.
In November 2021, Aggregate filed a complaint in the U.S. District Court in Boston against the town and the Select Board, claiming they had regulated and restricted Holcim’s business operations in order to take the site — physically and through regulation — after the town placed restrictions on the existing earth-removal permit. The restrictions included limiting blasts’ peak particle velocity (PPV) to .5 millimeters per second, as well the number of overall blasts to 50 per year. The company claimed that the town’s restrictive permitting process cost Holcim $34 million in lost revenue overall.
According to Town Administrator Sean Fitzgerald, the regulations were in stark contrast to practices around the rest of the Commonwealth and the country, which he said should be more restrictive.
“Prior to that, they could blast as many times as they wanted,” Fitzgerald said.
He added that blasts with a PPV level of 2 millimeters per second or higher can be more dangerous to nearby infrastructure and residents.
“In Taunton, maybe six weeks ago, a piece of fly rock went through somebody’s window,” Fitzgerald said. “These are serious responsibilities.”
He added that a high PPV can also cause potential disturbances for nearby residents due to the high levels of vibration and noise.
The permit agreed upon in the settlement contains some of Swampscott’s initial conditions, such as a 50-blast limit per year. However, 10 are allowed to executed at .75 millimeters per second, while the remaining must be carried out at .5 millimeters per second.
“That’s the most restrictive standard of care in a blast permit in the Commonwealth of Massachusetts,” Fitzgerald said. “That’s something I think we can all really feel proud about.”
Holcim’s head of United States corporate communications, Lynn Safranek, said that the company’s priority is always to operate under the terms of an agreed-upon permit.
“At Holcim US, we always seek to operate in a manner consistent with the permit that the Town of Swampscott has issued. We’re pleased to have reached an agreement that will allow us to continue supporting critical infrastructure for the community, as well as home and commercial construction that supports local and regional economic growth,” Safranek said.
Fitzgerald gave credit to Select Board member David Grishman, former Select Board member Peter Spellios, Attorney Adam Simms, and the Earth Removal Advisory Committee for their multi-year effort to reach a settlement agreement on behalf of the town. ERAC Chair Joe Markarian believes the two sides can have an improved working relationship moving forward.
“ERAC looks to have a working relationship with Holcim, they’re going to be here for another 50 years,” Markarian said. “We think we can have a good relationship with them.”
The new permit will govern the quarry through June 30, 2025.
