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In the News:
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HOSPICE ANNOUNCEMENT SCHEDULED FOR MONDAY APRIL 23 After much anticipation, HospiceCare in the Berkshires, Inc. has scheduled a press conference to reveal their revised plans for a Berkshire hospice house on Monday, April 23 at 11:00. More details to follow. BEAT is thrilled that Hospice appears to have found a new, more environmentally friendly location in Pittsfield. Thank you to all those at Hospice who worked so hard to find an alternative site! Now, can something be worked out to ensure that the back part of the property on Williams Street remains undeveloped in perpetuity to protect the wetlands, the rare species, and the wildlife corridor? |
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| Please note: DEP has revised the schedule for public hearings on mercury regulations. In addition, the public comment period has been extended to May 14 at 5 PM.
MassDEP has proposed new regulations that will implement three components of the Mercury Management Act (Chapter 190 of the Acts of 2006). Signed into law in July 2006, the Mercury Management Act is designed to keep mercury out of our trash and wastewater, where it is released into the environment. These proposed regulations would establish specific requirements for 1) removing and recycling mercury switches from “end of life” vehicles, 2) collecting and recycling mercury-added products by their manufacturers, and 3) reporting on mercury-added lamp recycling by lamp manufacturers. Other components of the Mercury Management Act will be addressed in a separate package of regulations that we expect to publish for public comment in late Summer or early Fall 2007. The proposal includes amendments to 310 CMR Chapter 70, Environmental Results Program Certification, and new chapters 310 CMR 74.00, Removal and Recycling of Mercury-Added Components in Vehicles and 310 CMR 75.00 Collection and Recycling of Mercury-Added Products. A background section before the regulations provides an overview and context for the regulatory sections that follow. The updated public hearing dates are as follows: Monday, April 30, 2007 1:00 p.m. Wednesday, May 1, 2007 10:00 a.m. MassDEP Central Regional Office, Worcester Wednesday, May 1, 2007 2:00 p.m. Room B42 MassDEP Western Regional Office, Springfield Wednesday, May 2, 2007 1:00 p.m. MassDEP Northeast Regional Office, Wilmington Thursday, May 3, 2007 10:00 a.m. MassDEP Cape Cod Office, Hyannis Thursday, May 3, 2007 2:00 p.m. Selectmen’s Meeting Room 6 Park Row Mansfield, MA You can find the draft regulations on MassDEP’s web site: http://www.mass.gov/dep/public/publiche.htm#hgphase1. Please submit your comments at one of the public hearings, or send us written comments by 5 PM on May 14, 2007. Please address your written comments to: Lori Segall Mercury Program Manager Mass. Dept. of Environmental Protection 1 Winter St. Boston, MA 02108 lori.segall@state.ma.us If you have any questions about the proposed regulations or the regulatory process, please email lori.segall@state.ma.us or call 617-654-6595
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| Proposed Changes Stormwater Policy Standards:
The Wetlands Regulations and the Water Quality Certification Regulations currently require compliance with MassDEP’s Stormwater Policy Standards. The proposed regulations incorporate the Stormwater Management Standards from the Stormwater Policy, eliminating the need for the Policy. MassDEP is also revising the Stormwater Management Standards to, among other things, increase stormwater recharge, promote the use of low impact development techniques, encourage the use of the most appropriate best management practices at redevelopment sites, eliminate illicit discharges, and improve operation and maintenance of stormwater management systems. Name & Citation of Regulation(s): 310 CMR 10.00 (the “Wetlands Regulations”) and the 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States within the Commonwealth, 314 CMR 9.00 (“Water Quality Certification Regulations”). Web Link to View Draft Regulations: www.mass.gov/dep/public/publiche.htm Public Hearing Information: Public hearings on the proposed changes will be conducted at the Department’s Boston and regional offices as follows: May 3, 2007 9:30 a.m. -12:00 noon 436 Dwight Street Springfield, MA 01103 Comments may be presented orally or in writing at the hearings on the proposed revisions. . Written comments will also be accepted until 5:00 p.m. on May 14, 2007 and should be submitted to: Department of Environmental Protection Bureau of Resource Protection One Winter Street, Fifth Floor Boston, MA 02108 Attn: Lealdon Langley Written comments may also be sent via email at the following address: Stormwater.Policy@state.ma.us Copies of the proposed regulations and background information will be available for inspection during normal business hours at: the Bureau of Resource Protection, One Winter Street, Boston, MA, the four regional offices of DEP and DEP’s web site at www.mass.gov/dep. For special accommodations for these events or hearing information in an alternate format, please contact Aprel McCabe, DEP’s ADA Coordinator, at 617-556-1171, BAS/HR, 3rd Floor, One Winter Street, Boston, MA 02108. Publication in Massachusetts Register Regulations are scheduled to be published in the Massachusetts Register on April 6, 2007.
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| Public Meeting on Housatonic River Remediation
There will be a public meeting to learn more about what is happening with the remediation of the Housatonic River on April 24 from 5:30 pm to 7:00 pm at the EPA project office at 10 Lyman St, in Pittsfield. (This is between Gymfest and Kidzone Daycare.) This is a Citizens Coordinating Council (CCC) meeting with the General Electric Company (GE), the US Environmental Protection Agency (EPA), and Massachusetts Department of Environmental Protection (DEP), and it is open to the public (although you might not get a chance to ask questions, you usually do get an opportunity toward the end of the meeting). This meeting has been scheduled as an “optional” CCC meeting in Pittsfield to focus on questions about projects related to the GE facility in Pittsfield that are being performed under the Consent Decree. The agenda will include a brief update on work expected to occur this year and opportunities to ask questions about the ongoing work in Pittsfield. BEAT has questions about the trail “capping” of Silver Lake, which we believe failed miserably sending plumes of sediment into the Housatonic River for at least two weekends in a row (we have pictures of this). We also want an update on the testing of Unkamet Brook to get a better idea of how many PCBs are flowing from there into the River. And we want information on all the pipes coming out of the old GE campus that GE monitors under their long-expired NPDES permit. (National Pollution Discharge Elimination System) As a reminder, the next quarterly full CCC meeting is scheduled for June 13 at Cranwell in Lenox, MA. The primary topic for that meeting will be a discussion and presentation, case studies, and discussion of floodplain and river restoration techniques.
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| Expedited permitting:
Four ideas, proposed by in a recent Boston Globe Op-ed, Bob Zimmerman of the Charles River Watershed Association and included in the Massachusetts League of Environmental Voters newsletter, that could streamline permitting while simultaneously strengthening environmental protection.
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| DCR COMPLETES INITIAL ASSESSMENT OF OFF-HIGHWAY VEHICLE USE AND CLOSES ONE STATE FOREST
BOSTON – The Department of Conservation and Recreation (DCR) has completed the first phase of analysis of nine state forests under a new policy that received conditional approval by DCR’s Stewardship Council at its February meeting. The council affirmed and directed DCR to begin applying its new criteria for off-highway vehicle (OHV) use this season while also moving forward to develop an enforcement plan for such uses on state land. Through this process, DCR has concluded that one property, Georgetown-Rowley State Forest, will no longer be open for off-highway vehicle (OHV) use. For more than a year, a working group composed of state officials, trail users, scientists, land management organizations, and others has advised the agency on OHV use in state forests, helping develop the new siting criteria for determining where the vehicles will be allowed. In addition to noting characteristics that would prohibit OHV use, the criteria also include provisions for safe and enjoyable trail riding areas. The new criteria consider the presence of wetlands, important plant or animal habitats, forest reserves, trail mileage, and other factors. “We are grateful for the time and commitment the working group has put into studying OHV use in our state forests and developing this new policy,” said Priscilla Geigis, acting commissioner of the Department of Conservation and Recreation. “Their efforts have produced measurable criteria to determine where OHV use should be allowed to protect the environment and allow for safe and sustainable riding.” Based on the new criteria, DCR officials have determined that OHVs will no longer be allowed in Georgetown-Rowley State Forest. Applying the new policy, officials found that Georgetown-Rowley, in the northeast corner of the state, includes extensive wetlands, is relatively small at 1,100 acres, and provides only five miles of designated OHV trails. The forest also is an important habitat for an animal species that is protected under the state Endangered Species Act and is likely to be harmed by continued motorized trail recreation. Until now, OHVs have been allowed in nine state forests. They are Beartown State Forest, F.Gilbert Hills State Forest, Franklin State Forest, Freetown/Fall River State Forest, Georgetown-Rowley State Forest, October Mountain State Forest, Pittsfield State Forest, Tolland State Forest, and Wrentham State Forest. Under the first-level criteria, however, Georgetown-Rowley will not reopen for motorized trail recreation when the riding season begins on May 1. The other eight properties have passed the first level assessment and DCR officials will begin applying the second level criteria, which involve a more detailed assessment. This may result in the closing or rerouting of additional trails in various properties in the future. In the meantime, OHV use will continue to be allowed in the eight state forests where it is currently permitted. Also, DCR is now beginning the process of developing the enforcement plan required by the Stewardship Council. Whereas enforcement of OHV laws and regulations involves the Legislature, multiple law enforcement agencies, and stakeholders such as environmental interests, land management entities, and motorized recreation enthusiasts, the agency is developing a process that encourages participation by these and other diverse interests. Meanwhile, the Massachusetts Environmental Police plan to increase their OHV enforcement efforts throughout the Commonwealth this spring. To prevent OHV operators who formerly used Georgetown-Rowley State Forest from moving to other locations where OHV use is also prohibited, Environmental Police will increase patrols in nearby areas, including the Division of Fisheries & Wildlife’s Crane Pond Wildlife Management Area in Groveland, Georgetown, Boxford, and Newbury. The season for Off-Highway Vehicle use begins May 1 and continues through late November. Vehicles must be registered in Massachusetts, and must weigh less than 1,000 pounds. For more information on OHV registration, contact the state Division of Environmental Law Enforcement at 617-626-1610. To read the new OHV policy, visit: www.mass.gov/dcr/recreate/ohv_policy.pdf.
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Comment on illegal ATV/ORV use If you are concerned regarding the impacts of illegal ATV/ORV use on private and public lands, here is an opportunity to let the Governor know. A new issues forum calling for stronger regulation and enforcement of OHVs has just appeared at MyIssue.DevalPatrick.com. It’s been posted by someone from Fall River. Please spread the word – the pro-ORV issue statement has over 250 supporters so far. To support this issue, go to: http://devalpatrick.com/issue.php?issue_id=7622027 You will have to create and account to log in. When you comment on an issue, only your initials and town will show on posting. Here is the full issue statement: Title: ORV/ATV Use Needs Stronger Regulation & Enforcement Coordinator: S.M. of Fall River Stronger laws and enforcement are needed to prevent deaths, injuries, damage and nuisance from Off-Road Vehicles (ORVs) and All-Terrain Vehicles (ATVs) collectively known as OHVs (Off-Highway Vehicles). ORV/ATV use (both legal and illegal) is causing severe negative impacts in Massachusetts far out of proportion to the the small percentage of the public for whom this is a pastime. Children are injured and even killed; water quality is impaired by serious erosion, hunting areas are deserted by frightened game; trout streams & wetlands are turned into stagnant mudholes; air and noise pollution afflict quiet rural and suburban neighborhoods; farmers’ crops are destroyed; hiking and walking trails are made impassable; threats and violence by out-of-control riders are increasingly common; and peaceful refuges for people and wildlife to enjoy a quiet, clean environment are irreparably damaged. These problems are impacting privately-owned land just as severely as state parks and other public land. Private landowners are losing control of their constitutional right to control access to their property and all taxpayers are stuck with the bill for damage to public lands. A recent poll by the Campaign for Conservation and Recreation found that only 6% of the public thinks that it is very important for public lands to set aside for motorized vehicle use, whereas large majorities favor public lands for conservation purposes and less intrusive recreational uses. We need more effective laws for ORV/ATV use and greatly increased penalties for illegal use. Currently, law enforcement officers are unable to catch or identify illegal users, and courts are unable to apply effective sanctions. We need to provide law enforcement officials with more resources and private landowners with better ways to control ORV/ATV use on their own lands. If ORVs here to stay, then safe and legal places to ride could be provided by private enterprise and even by the state, but the public demand for an outright ban is growing because of illegal, irresponsible and reckless use. Legislators who take money from the ORV manufacturers should be aware that they will be exposed and voted out.
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Green For a Change Green For a Change is a grassroots group of concerned citizens promoting ways to lessen one’s impact on the environment. Green For a Change, the product of a merger of two previous groups, Fair Share and Mass EarthShare, is offering information to the Berkshire County community at informal meetings, in letters to the editor, and through its presence at public events. It is also petitioning towns to join Mayor Nickel’s Cities for Climate Protection Agreement. Green’s first success is the BYOB campagh at Guido’s, encouraging shoppers to bring thier own bags and, as an enticement, be entered in a monthly raffle. Other current projects include educating electric company customers about opportunities to support green energy such as GreenStart and New England Wind Fund, and in public and private schools regionally, encouraging recycling programs and the establishment of environmental clubs. For more information contact Stephanie Blumenthal at 413-229-8569
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| WE HAVE PEEPERS!
On Saturday, March 31st at 8:30 PM Dorene Plantier of Oak Road in Richmond, in the presence of her daughter, Deb Plantier, heard the first halting peeps of this year’s crop. Others have since heard one or two, but the ensuing cold weather has put the froggies off their form. Nevertheless, Dorene was the very first, and our hearty congratulations and thanks go to her this year. And, good people, we are pleased to announce that the participant with the sharpest vernal intuition, the predictor of predictors, was none other than Peter Conzett of Falmouth and Becket, Mass. Congratulations, Peter! Runners up in the prediction department were Dana Bishop of Great Barrington with March 31st at 10:00 AM and Jennifer Sahn of the Orion Society in Great Barrington who predicted April 1st at 7:59 AM. Thanks to all who participated. This was the biggest year to date. We will be organizing an extravagant Spring Peeper Luncheon to honor our winners in a few weeks, subject – above all else – to the schedules of our winners, particularly Peter Conzett way out on the Cape. Stay tuned. You are all invited to come and share in this celebration as Dorene and Peter bask in their preeminence. And, isn’t it just simply great that finally, at long last, SPRING IS HERE!! Even if it is a bit chilly and wet. Beats snow. Best regards, Shep Evans |
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