Land-Based Wind Turbine Installations Have Ground To A Halt In Massachusetts Over Noise Shadow Flicker
Massachusetts state agencies set sights on Maine to make wind turbine agenda of 2000 megawatts of wind turbine power by the year 2020
“It is abundantly clear that [NECEC] has been proposed solely to meet a Massachusetts policy goal; it has nothing to do with meeting the needs of Maine ratepayers, and the primary long-term benefits of the project will accrue to Hydro-Quebec and CMP shareholders,”
MassDEP Broke Constitution Over Falmouth Wind Turbines
Based On Wind Turbine Documents And Statutes There Is Evidence That Any Reasonable State or Federal Prosecutor Should Bring Charges In This Case
The Massachusetts Department of Environmental Protection serves the Commonwealth unless its torturous noise from megawatt wind turbines. The MassDEP is supposed to enforce laws that protect our air, land, and water but failed the residents of Falmouth.
In 1972 Massachusetts voters approved Article 97, as part of the Massachusetts Constitution, granting people the right to a clean environment. The people shall have the right to clean air and water, freedom from excessive and unnecessary noise.
The MassDEP derives its noise regulations 310 CMR 7.02 from the Massachusetts Constitution which includes noise defined as "sound of sufficient intensity and/or duration as to cause a condition of air pollution." MassDEP noise regulations require that a wind turbine does not exceed residential home locations above 10 decibels. This means the noise levels cannot exceed the normal sounds in the neighborhood by 10 decibels. Aka the people have the right to freedom from excessive and unnecessary noise.
In 2005 long before any wind turbines were built in Falmouth a company called KEMA Inc did a noise study to install one General Electric megawatt wind turbine. The map in the study showed the decibel levels would rise well above the MassDEP ambient background noise levels of 10 decibels. The GE turbine would break state noise guidelines at many residential homes. GE refused to build one wind turbine in Falmouth due to residential setbacks and ice throw.
In 2010 Falmouth went forward building its first turbine Falmouth Wind I a Vestas 1.65 megawatt wind turbine twice as loud as the General Electric wind turbine in total disregard to the KEMA Inc map from 2005 showing a single megawatt wind turbine would break MassDEP guidelines. The town also ignored the instructions in the KEMA Inc study that a Special Permit was required.
Residents around the first turbine started to complain about the noise from the wind turbine. It was discovered in August of 2010 Vestas wind company had sent a letter to the Town of Falmouth the turbines generate 110 decibels of noise. The letter or emails has never been released to the public.
After the first wind turbine fiasco, the Town of Falmouth decided to build its second wind turbine Falmouth Wind II.
The Massachusetts Department of Environmental Protection offered the Town of Falmouth a method to finance Falmouth Wind II with five million dollars using stimulus funds from the American Recovery and Reinvestment Act of 2009.
ARRA stimulus funds cannot be used if they present a danger to public health or safety related to the implementation or use of covered funds. It was well known prior to the construction of Falmouth Wind II that the first turbine was generating 110 decibels breaking MassDEP noise regulations as the state was the original owner of Falmouth Wind I and had all the specifications that the turbine breaks state noise regulations.
The Massachusetts Department of Environmental Protection went forward brokering a Project Regulatory Agreement between the Town of Falmouth and the Massachusetts Clean Water Trust to obtain the five million to finance Falmouth Wind II.
The American Recovery and Reinvestment stimulus funds received from the federal government was placed in the Massachusetts State Reserve Funds were the Massachusetts Clean Water Trust had access to the funds. This gave the ability of the Massachusetts Clean Water Trust to give the five million to the Town of Falmouth.
In order for the Massachusetts Clean Water Trust to hand over the five million to the Town of Falmouth to build Falmouth Wind II everyone had to sign the Massachusetts Department of Environmental Protection Project Regulatory Agreement.
The Massachusetts Department of Environmental Protection Project Regulatory Agreement says that the Town of Falmouth gets the five million as a "grant" long as Falmouth Wind II remains an energy efficient project.
In other words, if Falmouth Wind II stops spinning the Falmouth Wind II five million becomes a "loan." In June of 2017, the Massachusetts courts shut down both Falmouth wind turbines as they are a nuisance.
This agreement should never have been written as it put the Massachusetts Department of Environmental Protection in the position of Regulatory Capture. Regulatory capture is a form of government failure which occurs when the regulatory agency, MassDEP created to act in the public interest, instead advances the commercial or political concerns of special interest groups that dominate the industry or sector it is charged with regulating.
The Massachusetts Department of Environmental Protection Project Regulatory Agreement had two roles one demanded the Town of Falmouth keep the Falmouth Wind II in operation to gain loan forgiveness.
The other MassDEP PRA agreement prevented the MassDEP itself from enforcing state noise guidelines and regulations against the Town of Falmouth because of the production agreement.
The Massachusetts Department of Environmental Protection Project Regulatory Agreement was also an incentive for the Falmouth Select Board to continue filing lawsuits over and over to prevent Falmouth Wind II from not being an energy efficiency project keeping the 5 million as a grant. Falmouth Town Meeting Members were approving up to $260,000.00 every six months for wind turbine litigation and wind turbine victims around the turbines were losing their homes and life savings over an agreement that should never have been written.
This embarrassing PRA agreement also prevented the MassDEP from enforcing noise regulations statewide as Falmouth Wind 1 and 2 were the first installed in the state.
Many have asked why the MassDEP over the years never enforced wind turbine noise regulations against towns or ever interviewed a single wind turbine victim in eight years. The reason being Falmouth PRA agreement tied the hands of the MassDEP by design another fraudulent act by our legislature and the MassDEP could not interview a wind turbine victim because they already had the answers before the wind turbines were installed. They always knew they were too loud.
Ultimately the Massachusetts Legislature and Massachusetts Department of Environmental Protection writing the Falmouth Wind II Project Regulatory Agreement with the Town of Falmouth broke the Massachusetts State Constitution Article 97. "The people shall have the right to clean air and water, freedom from excessive and unnecessary noise."
Governor Charlie Baker testified to Congress about the ten million dollars lost over the Falmouth Wind fiasco. Baker responded “Sometimes when something doesn’t go the way it should go, everyone blames the concept,” Baker said. “Sometimes we screw up the way we implement it.”
Several Falmouth residents near the turbines spent hundreds of thousands of dollars on litigation to protect their health and property rights and need to be reimbursed or prosecute those responsible for this fiasco.
Published on Feb 11, 2019