SAUGUS — On May 6, the annual town meeting was held, which led to the approval of the Article 18 amendment to the town’s general by-laws. The amendment deleted Section 514A.00 and inserted a new Section 514A.00, still called “Board of Health-Solid Waste Facility Environmental Performance Standards.”
The original Section 514A.00 was approved by the attorney general in 2014 under Article 23. The new section under Article 18 is very similar to the first.
On Friday, in a letter to the town clerk regarding the meeting in May, Attorney General Andrea Joy Campbell sent her response approving the Article 18 amendment. The letter emphasizes that Campbell in no way agrees or disagrees with the policy views, but is just doing what her position asks of her.
“The Attorney General’s limited standard of review requires her to approve or disapprove by-laws based solely on their consistency with state law, not on any police views she may have on the subject matter or wisdom of the by-law,” the letter read.
The attorney general received multiple letters from both parties. The Town of Saugus and the Conservation Law Foundation sent letters in favor of Article 18 passing, while the Legal Counsel for Wheelabrator Saugus, Inc. sent a letter opposing Article 18.
Town Meeting member Peter Manoogian said the approval of Article 18 should be viewed as a victory for the town.
The attorney general’s approval of this by-law affirms the authority and ability of a local community to protect public health and safety,” Manoogian said.
Saugus Town Meeting, the Board of Health, the Town Manager, Conservation Law Foundation, the Alliance for Health and the Environment as well as many citizens communicated throughout the summer and fall with the attorney general in response to the arguments made by WIN’s legal team, according to Manoogian.
The argument given by Wheelabrator Saugus, Inc. was that Article 18 conflicted with state law and had multiple procedural and substantive defects that should hold Article 18 from passing.
Though the Article passed the attorney general is clear that “under state law, the DEP (Department of Environmental Protection) has broad authorities over solid waste facilities.”
It is later stated in the letter, “the Town should also discuss the application of Subsection 4.A with Town Counsel to ensure it is applied and enforced in a manner that allows emissions of air pollutants consistent with DEP’s regulations and with any permits DEP has issued to a solid waste combustor facility in the Town.”
In response to the approval of Article 18, Sr. Director of Communications and Community Mary Urban said, “WIN Waste Innovations remains in compliance with all local, state, and federal permits. We agree with the attorney general’s opinion that the DEP regulations, which are more stringent than even the EPA, are thoroughly protective of public health and safety. We are also appreciative of the DEP’s encouragement for the town to further amend the article to prevent ambiguity that could ‘[interfere] with the DEP’s authority to regulate and permit solid waste facilities.'”
Urban said the company will continue to operate in compliance with DEP standards and also serve as an environmental steward through initiatives such as their salt marsh restoration program and other conservation efforts at Bear Creek Wildlife Sanctuary. They also will continue to collaborate with the Board of Health and other local leaders to ensure they remain an excellent corporate partner and add value to the community.
Despite the arguments made by WIN, the attorney general concluded that it cannot conclude Article 18 conflicts with state law under their standard review.
