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Great Barrington Fairgrounds MEPA review

The Secretary of the Executive Office of Environmental Affairs (EOEA) has issued a Certificate on the Environmental Notification Form (ENF) for the $38 million proposal to develop the Great Barrington Fairgrounds. The Certificate contains the Massachusetts Environmental Policy Act (MEPA) findings on the ENF. We have not seen the Certificate yet, but we have been told that it requires the proponents to file an Environmental Impact Report (EIR). An EIR is a much more thorough report detailing the environmental impacts of the proposed development. BEAT applaud’s the Secretary’s decision, and we look forward to reading the entire Certificate.

Below is background information on this project:

F Group LLC, a group of New York City investors, has proposed construction of a 100-room hotel, 60 condominiums, an events facility and retails space on the fairgrounds property. The property includes about 57 acres of floodplain along the Housatonic River.

See related Berkshire Eagle story.

The developers have prepared an Environmental Notification Form (ENF) that triggers a Massachusetts Environmental Policy Act (MEPA) review of the environmental impacts of the proposed development. The public is welcome to comment as well. For copies of the developer’s ENF call
Eric Bernardin (413) 452-0445 x4430. Comments may be sent to MEPA reviewer, Briony Angus until March 14. (see submittal information below) The state will issue its findings in a “Certificate” by March 24.

The purpose of MEPA is to bring to the table all the important information about the site and the proposed development. The review can find that the ENF (and subsequent submittals by the applicant before the Certificate is issued) was insufficient to determine the environmental impacts – in which case the proponent would have to start all over again. Or the Certificate can require a more complete environmental review, by calling for an Environmental Impact Report (EIR) – usually done in two phases; a draft and a final report. Or the Certificate can find that the ENF adequately describes the potential impacts and the other reviews can proceed.

The company’s principals are Anthony Errico and Anthony Fauci. Fauci is married to the former Elaine Ward, whose family owns Ward’s Nursery. The company has a contract to buy the property from fairgrounds owner Henry D. Vara of Boston.

The engineering firm Fuss & O’Neill prepared the report, which indicates potential impact on rare plant and animal species on the property as well as close proximity to the flood-plain area. There will also be an increase in traffic with an estimated 8,594 car trips per day going in and out of the complex. The fairgrounds project will require layers of review by town boards, but no zoning variances. The will be a review by the town’s Conservation Commission, and a special permit is required from the Selectmen.

EOEA No. 13735, The Fairgrounds Mixed-Use Development Project, Great Barrington

For copies call
Eric Bernardin (413) 452-0445 x4430

MEPA analyst
Briony Angus (617) 626-1029

The comment period is closed, but for future reference – email comments to Briony or mail comments to : Executive Office of Environmental Affairs, Attn: MEPA Office EOEA #13735, MEPA Analyst Briony Angus, 100 Cambridge St. Suite 900, Boston MA 02114

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Great Barrington Paper Company Assessed $19,250 Fine
For Discharges into Housatonic River

The Massachusetts Department of Environmental Protection (MassDEP) has penalized Fox River Paper Company, LLC of Great Barrington for violating the state’s Sanitary Sewer Discharge regulations. The two violations, which both occurred in the summer of 2005, resulted in discharges to the Housatonic River.

On June 14, 2005, Great Barrington Wastewater Treatment Plant operators observed a red effluent plume at the confluence of the treatment plant outfall and the Housatonic River. The red dye, ultimately traced to Fox River Paper Company, was the result of a color pass through incident attributed to residual dye that washed through Fox River’s effluent waste stream.

On Saturday, August 20, 2005, the Great Barrington Wastewater Treatment Plant experienced another “color pass through incident” caused by the discharge of red dye from Fox River Company. The red dye entered and passed through the treatment plant and into the Housatonic River, causing a red plume that extended over 600 feet downstream of the treatment plant.

In addition to paying a $12,000 penalty, the company will implement operational improvements to its equipment and processes in order to prevent future discharges. An additional $7,250 was suspended pending compliance with these provisions.

In 2002, MassDEP cited Fox River for a similar discharge, which the company paid a penalty.

“Thankfully, the impact of these incidents was primarily aesthetic. Companies using the sanitary sewers must not allow their discharge to upset the operation of the facility designed to treat that discharge,” said Michael Gorski, director of MassDEP’s Western Regional Office in Springfield.

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Corning Develops Heavy Metal-Free Glass

Tuesday March 21, 6:51 pm ET

By Ben Dobbin, AP Business Writer

Corning Develops Heavy Metal-Free Glass That Will Trim Production, Recycling Costs

ROCHESTER, N.Y. (AP) — A heavy metal-free glass developed by Corning Inc. will trim production and recycling costs at a time when prices for the super-thin screens used in liquid-crystal-display televisions are falling more sharply than ever.

Corning said Tuesday its Eagle XG glass is the first in the LCD industry to be completely free of arsenic as well as other heavy metals such as barium and antimony and halides like chlorine and fluorine. Those can produce potentially harmful byproducts during manufacturing.

<more>

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Judges Overturn Bush Bid to Ease Pollution Rules

By MICHAEL JANOFSKY – Published: March 18, 2006 NY Times

WASHINGTON, March 17 — A federal appeals court on Friday overturned a clean-air regulation issued by the Bush administration that would have let many power plants, refineries and factories avoid installing costly new pollution controls to help offset any increased emissions caused by repairs and replacements of equipment. <more>

BEAT note: especially good news for downwind states such as Massachusetts

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EPA won’t make GE clean up Newell St. parking lot

The US Environmental Protection Agency (EPA) said at a March 15th Citizens Coordinating Council meeting, that it will not ask General Electric Co. (GE) to investigate what is under the Newell Street parking lot. There is continuing remediation at the Western Mass. Electric Company property abutting the parking lot, with 583 crushed or partial barrels, 371 drums worth of capacitors, and 34 barrels containing some liquid or solids having been removed so far. EPA estimates the removal is 70% complete. GE will follow any “vein” of capacitors or barrels they find into the parking lot, but they will not go looking for what else might be under there. The EPA feels that the percentage of PCB oil that would be found, compared with the amount they know is 40 or so feet below this site is so small that it is not worth the work.

BEAT thinks that is depressing! Why not clean up what you can relatively easily reach. If it were in a “clean” area all those contaminated barrel remnants and capacitors would be considered a major problem. It is just in comparison with the bigger mess that this seems small.

EPA estimates that there is probably 100,000 gallons of dense PCB oil below the site. So far, GE has pumped out over 36,000 gallons of this oil. The pumping stopped in June of 2005 while the WMECo property is being worked on, but the pumping will resume when the remediation work permits.

There are monitoring wells that extend down about 15 feet below ground level into the water table. Ground water flows toward the river and these wells allow EPA to see what concentration of PCBs are being detected flowing toward the river in the location of the wells – between the Newell Street dumping areas and the river. On several separate occasions levels of PCBs above the GW3 standard have been detected. GW3 is the ground water standard that sets what is an “acceptable” level of contamination for water in the river.

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Massachusetts Proposes First-In-The-Nation Standard for Perchlorate

The Massachusetts Department of Environmental Protection (MassDEP) today released the first-in-the-nation drinking water and waste site cleanup standards of 2 parts per billion (PPB) for the chemical perchlorate, which has been found in drinking water sources at 10 locations across the state including a well at Mount Greylock Regional High School in Williamstown. Mount Greylock has drilled a new well which has been tested and certified.

Environmental Affairs Secretary Stephen R. Pritchard and MassDEP Commissioner Robert W. Golledge Jr. announced the proposed regulations, saying that a public comment period will run from April 10 until May 12, and will include six public hearings at sites across the state, including the town of Bourne, where the first perchlorate detection was recorded.

The state says that the proposed standards will be protective of public health, especially for sensitive populations, such as pregnant women, nursing mothers, infants, and individuals with low levels of thyroid hormones. Perchlorate has been found to interfere with thyroid function, which could lead to impaired human development and metabolism. No federal standards regulating perchlorate levels in drinking water currently exist.

According to the Berkshire Eagle, the proposal is higher than the 1 ppb recommendation under which the state has been operating for the past two years.

“Perchlorate is an emerging contaminant that has raised a red flag for environmental agencies and public health officials across the country,” Secretary Pritchard said. “These proposed standards ensure that the water is safe to drink for all citizens of the Commonwealth, requiring regular monitoring for perchlorate into the future.”

“Testing results from studies across the country have found perchlorate in many things, including water, food and milk,” Commissioner Golledge said. “A perchlorate standard of 2 ppb provides the best overall protection of public health, while setting a cleanup standard that is feasible and attainable.”

Perchlorate is a chemical that can be found in blasting agents, fireworks, military munitions, and other manufacturing processes, and can be generated in small amounts within existing water treatment processes.

The proposed regulations require parties responsible for perchlorate contamination to cleanup the contamination and for all drinking water supplies to contain no more than 2 ppb of perchlorate. The regulations also require regular testing for perchlorate in all public water systems.

MassDEP has proposed the 2 ppb standard based on a thorough review of the scientific data available on perchlorate, including analysis performed by independent scientists at the National Academy of Sciences. In setting the proposed perchlorate standard, MassDEP used long-standing protocols previously utilized in the setting of over 200 chemical standards for drinking water and for the cleanup of groundwater at waste sites.

Perchlorate was first detected in 2002 in the aquifer under the Massachusetts Military Reservation on Cape Cod, when it was found to be moving toward drinking water wells in the town of Bourne. In 2004, MassDEP required all drinking water systems in the state to test for the presence of perchlorate in their drinking water sources. Test results indicated perchlorate above the interim state advisory level at sites in Chesterfield, Southbridge, Hadley, Williamstown, Boxborough, Millbury, Westford, Boxford, Tewksbury and Westport, and those sites were required to take specific actions to address the contamination.

Full copies of the proposed regulations are available on MassDEP’s web site.

Polluters, including the Army at the Massachusetts Military Reservation, would have to clean contaminated groundwater to the 2 parts per billion level.

The proposed standards still must undergo a required public comment period, which begins with a public meeting in Bourne on April 10.

Perchlorate, a substance used in munitions and fireworks, can affect the function of the thyroid, which regulates metabolism in adults and development in children. Infants are thought to be particularly at risk because they do not have the ability to store thyroid hormones like adults.

Perchlorate has been found in water supply wells and private drinking water wells in Cape towns. Ten other communities statewide have turned up perchlorate since the state began testing for it in 2004.

Attempts to set a federal drinking water standard for perchlorate have been stymied by political pressure from the Department of Defense and industry lobbying efforts.

The state’s proposed drinking water standard is lower than what was proposed last year by an independent National Academies of Sciences panel. Based on that panel’s report, the EPA has set a ”preliminary cleanup goal” of 24.5 parts per billion – a guideline to be used for cleanup programs in states that have not adopted their own standards. If a state standard is more demanding than the EPA’s, the state standard prevails.

According to the state’s updated perchlorate health assessment, the DEP rejected the National Academies’ recommendation in part because of uncertainty concerning the effect of perchlorate in breast milk.

Massachusetts’ concerns for infant populations have been echoed by the Children’s Health Advisory Committee, which is affiliated with the EPA. Last week, the panel urged the agency to rethink its 24.5 parts per billion guideline. That level is not protective of children’s health and should be lowered to account for infant exposure, committee members wrote in a letter to EPA Administrator Stephen Johnson.

In setting their proposed drinking water standard for perchlorate beyond the EPA’s recommendation, Bay State regulators also cited people ingesting the chemical from the U.S. food supply, which has been tainted by perchlorate.

MassDEP will be seeking public comment on the proposed regulations between April 10 and May 12. Public hearings will be held on the following dates:

* April 10 – 5 p.m., Peebles Elementary School gymnasium, 70 Trowbridge Road, Bourne.

* April 11 – 3 p.m., MassDEP Boston Office, 1 Winter Street, 2nd floor conference room, Boston.

* April 19 – 4 p.m., MassDEP Northeast Regional Office, 205B Lowell Street, Wilmington.

* April 20 – 4 p.m., MassDEP Southeast Regional Office, 20 Riverside Drive, Lakeville.

* April 25 – 3 p.m., MassDEP Western Regional Office, 436 Dwight Street, Springfield.

* April 27 – 4 p.m., MassDEP Central Regional Office, 627 Main Street, Worcester.

Persons planning to give oral testimony at the hearing are encouraged to provide a written summary thereof. Written comments by any person may be submitted before, during, or after the hearing, but no later than May 12, 2006 when the hearing record will close. Questions about the hearing and public comments on the proposed regulations should be directed to David Terry, Drinking Water Program, One Winter Street, Sixth Floor, Boston, MA 02108, (617) 292-5529.

Full copies of the proposed regulations are available on MassDEP’s web site.

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Pittsfield’s Pediatricians Protest PCBs

Two Pittsfield pediatricians, Dr. Richard Rosenfeld and Dr. Siobhan McNally urged the City Council and Mayor James M. Ruberto to stop the dumping of PCB-contaminated waste at two toxic waste sites right behind Allendale Elementary School.

Rosenfeld told the council that a letter addressed to Mayor Ruberto(pdf) summarizing recent PCB research and detailing the reasons why the pediatricians believe the children and staff at Allendale School are at risk. All of Pittsfield’s pediatricians signed a letter to Mayor James M. Ruberto urging the community to speak out against the two PCB dumps.

McNally, co-chairwoman of the Massachusetts American Academy of Pediatrics Environmental Health Committee, gave a three-minute presentation detailing the risks of PCB-contamination.

“I think it’s important to emphasize that PCBs have no margin of safety and given the fact that PCB levels at Allendale Elementary School have been above background level, I think we need to take this under serious consideration,” she said.

State and federal officials have maintained that tests conducted at Allendale have shown little or no detectable levels of PCBs and that the school is safe, but McNally said that prenatal research has shown that exposure to low levels of PCBs have been linked to very serious health effects that have been documented in medical journals. Based on this documentation, McNally said the state Department of Public Health has received funding to do an environmental tracking study on developmental disabilities in Berkshire County children to see

if there are any links to PCB contaminant data.

Rosenfeld said he and McNally had also decided to address the council to advocate on behalf of the Allendale Task Force, a group of parents and teachers from the elementary school.

“The Allendale Task Force believes that every child has the right to attend an environmentally safe school,” Rosenfeld said. “Despite the assurances from the Environmental Protection Agency and the Department of Public Health, we believe that this is not possible.”

Rosenfeld and McNally advised the city council and the mayor to call on GE and the EPA to stop the dumping and cap the dump sites, “until a safer alternative for the disposal and/or treatment of PCB residues and other toxins can be found.”

3/15 Berkshire Eagle article about City Council meeting

3/10 Berkshire Eagle article about the letter

For more on this issue see BEAT’s GE and PCBs web pages

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MEPA Site Visit at Former Bradlees in Pittsfield 3/23

An Expanded Environmental Notification Form (EENF) has been submitted to the Massachusetts Environmental Policy Act (MEPA) office for this project. The project involves the renovation of an existing shopping center that was originally opened in the 1960s as a Bradlees Department Store. The proposed renovation includes demolition of the 13,500 square foot retail space at the north end of the Bradlees structure, plus about 11,500 square feet of the Bradlee’s building shell; renovation of the remaining Bradlees structure into 3 new retail facilities; the addition of 15,000 square feet of new retail space attached to the north end of the renovated Bradlees shell; and the construction of a new 3,900 square foot freestanding structure. An existing freestanding restaurant and bank will remain at the site. The first 3 pages of the ENF can be viewed in pdf format.

The project exceeds Mandatory Environmental Impact Report (EIR) thresholds related to traffic, however the proponent is requesting a Full Waiver from the EIR requirement. A traffic report has been submitted with the EENF. A site visit and consultation meeting was held on March 23 to receive advice and comments from agencies, officials, and citizens regarding which environmental issues, if any, are significant for this project. Opinions as to the extent and significance of possible environmental impact will be welcome. The merits of the proponent’s request for a waiver will also be considered.

Comments on this project (EOEA #13747) will be welcome in writing prior to April 7th, 2006. A Certificate on the ENF will be issued on April 14th, 2006.

Project Contact: David Thompson, Coler & Colantonio, Inc.

(413) 313-0121 dthompson@col-col.com

Pursuant to the requirements of the Americans With Disabilities Act, this Meeting Notice is available in alternative formats upon request. Questions on the meeting may be answered by contacting Briony Angus, MEPA Analyst at (617) 626-1029.

Briony Angus, EOEA #13747

Environmental Analyst, MEPA Office

Executive Office of Environmental Affairs

100 Cambridge Street, Suite 900

Boston, MA 02114

(617) 626-1029

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Housatonic River ‘Model Validation’ Report Released for Public Review& Comment

The US Environmental Protection Agency (EPA) has released the “Model Validation
Report for the GE Pittsfield / Housatonic River Site, Rest of River,” starting a 30-day public comment period on the report. During the
public comment period, which will run from March 8 – April 6, interested
members of the public are invited to present comments to an independent
scientific Peer Review Panel. The independent Panel will be evaluating
the Model Validation Report in late June.

The Model Validation Report is the final in a series of five reports
released since 2001 for public comment and review by independent
scientific Peer Review Panels. These include the Human Health and
Ecological Risk Assessments as well as the Modeling Framework and
Modeling Calibration Reports. The Peer Reviewed documents collectively
present EPA’s findings regarding the risks that existing contamination
presents to residents and ecological receptors, and also present a
modeling framework that can be used to evaluate potential remedial
alternatives.

The Model is designed to reproduce conditions in the Housatonic River
between the confluence of the East and West Branches in Pittsfield and
Rising Pond Dam in Stockbridge. In doing so, the model can be used to
project into the future what the results of potential clean up options
would be and is one tool which will be used by GE and EPA to evaluate
potential cleanup alternatives for the Rest of River. Once EPA
completes the Model Validation Report Peer Review process, GE is
required under the Consent Decree to submit a proposal outlining clean
up alternatives for more in-depth review; the Corrective Measures Study
will then be performed which evaluates these cleanup alternatives
against a number of criteria specified in the Reissued RCRA Permit.

The public is invited to review and comment on the Modeling Validation
Report and to submit their comments in the context of the Charge
questions to the Peer Review Panel to be considered in their review of
the report. In addition, members of the public will have an opportunity
to orally address the Panel directly on questions laid out in the Charge
before the Panel begins its deliberations. Public comments must be
related to the questions posed in the Charge for the Model Validation.

The full text of the Charge for the Model Validation, the Model
Validation Report, EPA’s Peer Review Handbook and Appendix J to the
Consent Decree, as well as other related documents including a list of
the Panel Members are available on EPA’s website by clicking on the red button “Current Public
Comment Periods.”

Copies of the Model Validation Report and the full text of the Charge
for the Model Validation, as well as other information on the site are
available for review at the following locations:

  • Berkshire Athenaeum Public Library Reference Depart., 1 Wendell
    Ave., Pittsfield MA
  • Cornwall Public Library, Pine St., Cornwall CT
  • Kent Memorial Library (Kent Library Association), 32 North Main
    St., Kent CT
  • Housatonic Valley Association, Cornwall Bridge CT
  • EPA Records Center, One Congress St., Suite 1100, Boston MA
  • Massachusetts Department of Environmental Protection, 436 Dwight
    St., Suite 500, Springfield MA
  • Connecticut Department of Environmental Protection, 79 Elm St.,
    Hartford CT

Comments should be faxed, emailed or mailed by April 6, 2006 to:

Beth Nerrie

SRA International

2801 Clarendon Blvd., Suite 100

Arlington VA 22201

Fax: 703-516-9108

Email: gepittsfield@sra.com

BEAT’s note: BEAT thinks there are some real problems with the Model. The “validation” shows that the model does NOT adequately reflect PCB fate and transport, especially in the area of Woods Pond. The model also does not accurately reflect the levels of PCBs that accumulate in fish.

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New Species of Millipede Discovered by BCC Student

During a recent field trip to northeastern Costa Rica, Kate Edwards, an 18-year-old Berkshire Community College (BCC) student discovered a new species of millipede. Edwards, a recent graduate from New Lebanon (N.Y.) Central High School, was on a January field trip to Costa Rica as part of BCC’s tropical ecosystems course, taught by professors Tom Tyning and Tim Flanagan. A total of 10 students participated in the trip.

During the trip, the class went out to explore the Caribbean slope. Edwards, who has a deep interest in herpetology, was looking for elusive low-laying pit vipers when she spotted a familiar shape crawling along a rotten log. Edwards’ species will be the third new species of millipede to be found in Costa Rica in recent years. The other two were discovered by Edwards’ friend and colleague Mike Boston, an Irish biologist, who also acts as a naturalist guide on the Osa Peninsula, where he discovered his species. The Osa Peninsula is located in the southwest corner of Costa Rica, miles from the Caribbean slope. The two geographies produce different habitats for the millipedes: Boston’s were found in dense untouched “primary” forests, while Edwards’ find was in a less dense secondary forest.

“It really ticks me off when an 18-year-old, second-semester, BCC student looks down at the ground and says, ‘Hey, I think these are something different,’ ” joked Tyning at a recent presentation to the college’s Board of Trustees. He added that he was very proud to have Edwards as a student. In addition to being an environmental science professor, Tyning is a well known herpetologist, having authored several books and worked with Mass Audubon for nearly

25 years.

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Lakeside Restaurant violation

The Massachusetts Department of Environmental Protection (DEP) has issued a Unilateral Administrative Order (UAO) and a penalty assessment notice totaling $27,300 to Lakeside Restaurant Inc. for violation of the Massachusetts Clean Water Act.

The order requires the closed Route 8 restaurant to immediately pump and then abandon the existing failed Title 5 sewage disposal system, to upgrade an existing second system and to pay the penalty.

Mass DEP investigated a complaint and found sewage flowing from a tank that was supposed to have been abandoned into an adjacent wetland. A second system built in 2002 was undersized, improperly installed, improperly maintained, and not properly permitted – it was installed in a public water supply protection zone.

Thank you to whoever turned in this violation!

<Berkshire Eagle story>

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Adams Greylock Glen proposal moves forward

Greylock Glen, the 1,063-acre site at the foot of Mount Greylock in Adams, could be developed by the town if it is chosen as the “designated developer” following a public meeting tentatively scheduled for March 30, at 6:30 p.m., at the town library.

The town submitted plans including a multi-use trail system, an environmental education center, a performing arts amphitheater, a camping area, and a lodging and meeting facility, for Greylock Glen to the state in September 2004. In addition, nearly 1,000 acres would be permanently protected. Mass Audubon, Appalachian Mountain Club, Mass MoCA, and Mass. College of Liberal Arts have all shown support this proposal.

The plan needs approval from state agencies such as the Department of Conservation and Recreation, Mass Development and the Division of Capital Asset Management, along with a review through the Massachusetts Environmental Policy Act, and the town needs to reach disposition, development, and lease agreements with the state, which owns the land.

For more than two decades, Greylock Glen has been the subject of debates between the town and the state and between development supporters and environmentalists. Earlier plans for the site included casino gambling and a golf course.

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Filters with possible PCB evidence, thrown away

The filters from the air exchange machines at the Allendale Elementary School have apparently been thrown away. Tim Gray, Director of the Housatonic River Initiative, said Board of Health Director Philip Adamo reiterated last week, when the state Department of Public Health held a meeting at the school, that these filters would not be changed.

According to the Berkshire Eagle article: Superintendent of Schools Katherine E. Darlington said that the air filters inside the school were supposed to be changed in December, and that school custodians changed them during school vacation last week as part of their regular maintenance. “It was part of the routine maintenance that was going to be done,” Darlington said. Darlington, who did not attend last week’s meeting, was unaware of any agreement to save the filters.

David Martindale of California Avenue, whose daughter attends Allendale, said he was both “angry” and “incensed” that the air filters had been disposed of. “This is a travesty,” he said. “Everybody talks about data, and now the last piece has been thrown out. It seems very convenient that this happened. It’s not like it was a big secret that we didn’t want the filters changed.”

School staff members known as the “Allendale Safety Committee” released a written statement yesterday expressing their frustration at the most recent turn of events.

“We are frustrated and disturbed by the lack of communication between our city officials and state agencies,” the committee’s statement read. “There is no one person overseeing the PCB issue at Allendale school. As a result, different groups are unaware of what others are doing.

For more on this story check BEAT’s Allendale School page.

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