The BEAT News

August 5, 2009

In the News

CALENDAR OF EVENTS
Environmental Monitor
Public Notices Alphabetically by town
The BEAT News Archives

Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshire

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Public Access Meeting – 9/14

A Ten-Citizen Petition filed by citizens of Lee and Lenox for Access to a Great Pond (Laurel Lake) will be heard by the Attorney General's Office on Monday September 14 at 7 pm at the Lee High Auditorium. All citizens of the Commonwealth are invited to attend and/or speak.

One of the purposes of the petition is to enjoin a private land owner from damaging public trust interests.

The Public Trust Doctrine says that the public always has access rights to Laurel Lake. Even when a parcel of property along the shoreline of the lake has been conveyed by the Commonwealth to a private owner, the property is still subject to the Public Trust Doctrine.

There are two aspects to the ownership of the shoreline of a Great Pond. One is the proprietary interest (called "jus privatum") and it may be conveyed by the State. The other is the public authority interest (called "jus publicum") and it cannot be conveyed.

A parcel of shoreline along Laurel Lake (a Great Pond), and an access road to another piece of shoreline called Sandy Beach, was conveyed in April of 2009 through the State to a private owner. After the April purchase the new owner exercised only the "jus privatum" aspect of the property that was conveyed to him.

A letter dated May 15, 2009 from private owner Roger Scheurer, doing business as Laurel Lake Water Power LLC, to the town representatives of Lee, Massachusetts stated: "The property remains in private hands just as before. Previous owners have given permission to use the property and have maintained their rights to the property by follow legal requirements. The public has no rights to access the property. Recent claims by the Beach Committee of some access rights through LLWP...are false and misguided. The landowners' generosity is being rewarded with an attack on their rights."

In this letter the owner is asserting the private interest of his property ("jus privatum") and is claiming that public authority interest ("just publicum") is a sabotage of his private interest, when it is clearly a public right.

When the owner changed the lock on the gate to Sandy Beach and made a non-negotiable demand for money from the Town of Lee for access to the beach he further damaged public trust interests. The Ten-Citizen Petition challenges the legality of his acts.

Petitioners for Public Access

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Three local farms protected
 
    Franklin Land Trust has facilitated three state Agricultural Preservation Restrictions in Heath, Gill and Greenfield, protecting 215 acres of farmland.

    In Heath, F. Walter Gleason has placed 82.64 acres off Bassett Road, Schoolhouse Road and Town Farm Road in Heath into the state APR program, which will ensure that the farmland will remain a viable agricultural resource into the future.  In addition to protecting the agricultural resource, the APR will eliminate the possibility of future development, which would dramatically alter the scenic and rural character in the Town of Heath. 

    Alexander and Penny Urgiel in Gill have protected 70.68 acres off Main Road and Munn's Ferry Road in Gill. With the assistance from The Western Massachusetts Community Foundation, FLT was able to pre-acquire the APR from the Urgiels, which was subsequently transferred to the state.  Most of the land is being rented to a local vegetable farmer for growing potatoes, with the balance being farmed by the Urgiels for hay and corn.  The land has frontage along the Connecticut River as well as along Otter Brook.  The APR will protect this valuable agricultural resource forever. 

In Greenfield, FLT helped facilitate the sale of an APR from Ralph and Frank Hastings and to the Massachusetts Department of Agricultural Resources.  The Hastings own approximately 63 acres off Leyden Road in Greenfield - all of which is restricted through the APR.  FLT worked with the Community Foundation to provide the Hastings with a down payment for the APR so that the Hastings could continue investing in the farm's resources - stock fencing and pasture rehabilitation.  The farm has been used primarily for intensive row crop production on a lease out basis and the Hastings plan on pursuing a diversified farm plan. 


   All three properties are still privately owned, and still contributing to the town tax rolls.
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Great Barrington Green Drinks - 8/5

The next Great Barrington Green Drinks is Wednesday, Aug 5 at Route 7 Grill, from 5:15 on. Map here.

This edition of Drinks has no outright theme, but it happens on the eve of the Hiroshima Atomic Bomb Memorial Day service, held every year on August 6th to commemorate the dropping of the atomic bomb on the city of Hiroshima during World War II. It is Hiroshima’s most important event of the year and started back in 1947.

So I say let's remember that horrific act next Wednesday and raise a glass to better ideas, ones that you come to the Route 7 Grill to share with friends new or known. Topics could include blighted tomatoes, zebra mussels, or whatever's on your green little mind. 

What exactly is Green Drinks, you may ask? Why, it's a monthly social event hosted by the folks who publish Orion magazine, for people interested in everything from environmental education to local agriculture, the arts, green business & design, and the ways all of these intersect. 

As always there will be deliciously free hors d'oeuvres, courtesy of our lovely/handsome Route 7 hosts.

So grab a friend and bring them down to share what you're working on and meet others active in the community. 

Erik
--
Erik Hoffner
Orion Grassroots Network
888-909-6568
http://www.oriongrassroots.org

The Orion Grassroots Network provides services and support to grassroots organizations engaged in ecological, social, and cultural change. 

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BerkShares to Host 2nd Annual Wants & Needs Silent Auction and Spirit Tasting -8/22

BerkShares, the Berkshires’ very own internationally famous local currency, is hosting a special evening of food & spirits and a silent auction to suit the times: emphasizing necessity items from oil changes to cordwood as well as one-of-a-kind experiences that are virtually priceless. This festive event takes place Saturday, August 22, from 7 to 9:30 p.m. at Crissey Farm, behind the Barrington Brewery on Route 7 in Great Barrington, and includes a wine and beer tasting as well as plentiful hors d’oeuvres.

Forget fundraiser auctions offering things that will break your budget and clutter your house. In this economic climate, everybody’s focused on keeping the fridge stocked and the lights on. Which is what makes the “needs” aspect of the BerkShares auction so very timely. Thanks to the generosity of our small businesses and community members, you can get things you need—oil changes, acupuncture, yard work, cord wood—while helping to keep BerkShares a vibrant part of our economy.

Beyond needs there are always wants, and here’s just a sampling of the one-of-a-kind experiences you can only get here: a four-hour cooking lesson with chef Brian Alberg at the Red Lion Inn; farm tour and goat cheese from Rawson Brook Farm; tour of W.E.B. DuBois sites with local historian Bernard Drew; tour and three-bottle gift pack from Berkshire Mountain Distillers; lunch with State Representative Smitty Pignatelli; cross-country ski with Deep Economy author Bill McKibben.

The event will also feature beer, wine, and spirit tastings from Furnace Brook Winery, Barrington Brewery, Pittsfield Brew Works, Grape Finds, Domaney’s, Locke Stock and Barrel, and Guido’s as well as copious hors d’oeuvres catered by Crissey Farm.

Tickets to the event are 25 dollars or BerkShares. Guests are encouraged to visit one of the participating branches of Berkshire Bank, Lee Bank, Lenox National Bank, Pittsfield Co-op, or Salisbury Bank and Trust prior to get their BerkShares (to see participating branches visit www.berkshares.org.

BerkShares are a local currency for the Berkshire region, sponsored by BerkShares, Inc. and administered by the E. F. Schumacher Society. All proceeds from the auction will go toward the operation of the BerkShares program.

To learn more about BerkShares and see the most up-to-date listing of auction items, visit www.berkshares.org. For more information about the Wants & Needs Silent Auction and Spirit Tasting, please call 413/528-1737.

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Food Net

GB-area group Co-Act (an Orion Grassroots Network member group) has formed a project called Food Net: "to more effectively address issues related to assistance and nutrition throughout Central and Southern Berkshire County in Western Massachusetts."

Full details here: http://s170765967.onlinehome.us/co-act/public_html/?p=146

"The Berkshire Co-Act Food Net has outlined twelve initiatives that came about through interviews and brainstorming sessions involving all key organizations and managers. This has resulted in a strategy to support existing programs and fill in the gaps using best practices.

One of the twelve initiatives involves food waste. Presently, less than 10% of salvageable food goes to meal sites. This initiative rectifies this by enrolling local restaurants, resorts, and grocery stores for food donations, develop a pick up and delivery system, conduct “Serve Safe” certification trainings for food handlers and utilize models like Rachel’s Table in Worcester, MA.

The Berkshire Co-Act Food Net is seeking partnerships with local businesses interested in growing their local outreach and market as well as serving our community in a meaningful way." 

To be in touch with them and find out how to help or donate food from your business, email Paul Deslauriers at info@co-act.org or call 413.232.7888.

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Food, Inc. at the Berkshire Museum

"You'll never look at dinner the same way again" 

Food, Inc. runs from Friday, August 7 to Thursday August 13, 8 p.m. nightly and 2 p.m. matinee on Monday. Admission is $8 ($6 for museum members).

"In Food, Inc., filmmaker Robert Kenner lifts the veil on our nation's food industry, exposing the highly mechanized underbelly that has been hidden from the American consumer with the consent of our government's regulatory agencies, USDA and FDA. Our nation's food supply is now controlled by a handful of corporations that often put profit ahead of consumer health, the livelihood of the American farmer, the safety of workers and our own environment. We have bigger-breasted chickens, the perfect pork chop, herbicide-resistant soybean seeds, even tomatoes that won't go bad, but we also have new strains of E. coli—the harmful bacteria that causes illness for an estimated 73,000 Americans annually. We are riddled with widespread obesity, particularly among children, and an epidemic level of diabetes among adults.
Featuring interviews with such experts as Eric Schlosser (Fast Food Nation), Michael Pollan (The Omnivore's Dilemma, In Defense of Food: An Eater's Manifesto) along with forward thinking social entrepreneurs like Stonyfield's Gary Hirshberg and Polyface Farms' Joel Salatin, Food, Inc. reveals surprising—and often shocking truths—about what we eat, how it's produced, who we have become as a nation and where we are going from here."

Food, Inc. runs from Friday, August 7 to Thursday August 13, 8 p.m. nightly and 2 p.m. matinee on Monday. Admission is $8 ($6 for museum members).

Hope to see you here for the film!

Yours,

-Scott
Scott LaGreca, PhD
Natural Science Coordinator
Berkshire Museum
39 South Street
Pittsfield, MA  01201  USA
TEL 413-443-7171, ext. 17
FAX 413-443-2135
slagreca@berkshiremuseum.org

Get immersed in the sights and sounds of living frogs at Berkshire Museum! Frogs: A Chorus of Colors, on view June 13–November 1, 2009, is proudly sponsored by Greylock Federal Credit Union.

For more information visit www.berkshiremuseum.org
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Apprentices Needed - Seeds of Solidarity in Orange, MA

Seeking an apprentice/volunteer/wwoofer during August and September  at Seeds of Solidarity in Orange, MA  www.seedsofsolidarity.org  978-544-7564, deb@seedsofsolidarity.org. Inquiries welcome for this two month period, or portions of.

     Farming combined with a balanced life is essential for a truly sustainable agriculture. The Seeds of Solidarity Farm and Life Skills Apprenticeship unites the physically demanding work of farming with the techniques one needs to lead a balanced and productive life. 
Our farming philosophy emphasizes soil building and worm production through permanent, no-till raised beds in which high quality vegetables are grown intensively for restaurants, food co-ops and schools. We use solar greenhouses to expand the growing season, solar electricity to power our farm and buildings, and biodiesel to power our vehicles. We teach apprentices how to envision life goals, the organizational skills to get there, then how to implement one’s vision.

     Apprentices work Monday through Friday on the farm, receive room and board and have the opportunity to participate in “Grow Community,” our neighborhood’s efforts to become food and energy secure, and preparations for the North Quabbin Garlic and Arts Festival.
All in a beautiful and loving setting with access to great biking, swimming, hiking and culture.

"Grow Food Everywhere"
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New Mass Land Trust Coalition Website

Visit the Mass. Land Trust Coalition's new website at www.MassLand.org!

Here are some of the features you'll find (links will take you directly to the page):
* Find A Massachusetts Land Trust - with a spiffy new map system!
* Massachusetts Land Trust Photo Gallery - send images of your protected lands to info@massland.org!
* Service Providers - find attorneys, appraisers and other specialists with land protection expertise

Resource Libraries provide well-organized topic pages.  You may search the libraries by keyword, use the advanced search to find specific phrases, or browse topics by category.  Certain areas (such as Information for Conservation Practitioners) are restricted to Mass. Land Trust Coalition Members and Friends. To access these, you must request a member ID and password.  (Clicking on the links will take you directly to the Topic Page)

Landowner Information Library
Find definitions, news, samples and links to related material in the libraries for landowners.  Categories include:
Conserving Your Land
Topics such as: Introduction to land conservation, Conservation options, Conservation values, Conservation restrictions (easements), Agricultural restrictions (easements), Donations of land, Bargain sales.
Advantages of Land Conservation
Topics such as: Why protect land, State of the environment, Community benefits, Reducing community services cost, Economic benefits of land conservation
Taxes and Land Conservation
Topics such as: Estate planning for conservation, Tax benefits for agricultural and forestry use, Income tax reduction, IRS guidelines
Managing Land for Conservation
Topics such as: State assistance for land conservation, Forestry planning

Community Resources Library
Find definitions, news, samples and links to related material in the libraries for landowners.  Categories include:
Conserving Land in Your Community
Topics such as: Introduction to Land Conservation, Conservation Values, Why Protect Land, State of the Environment, Economic benefits of land conservation, Public health benefits of land conservation
Planning for Land Conservation in Your Community
Topics such as: Conservation Restrictions (Easements), Donations of Land,  Bargain Sales, Forest and Farmland Protection
Community Action
Topics such as: Organizing for Land Conservation, Funding Land Conservation

LET MLTC KNOW WHAT YOU THINK!  PLEASE SEND SUGGESTIONS, COMMENTS, LINKS, IMAGES, & LIBRARY DOCUMENTS TO INFO@MASSLAND.ORG
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Conservation and Climate Change Clearinghouse Website

New at the Conservation and Climate Change Clearinghouse <http://www.ccc-clearinghouse.net> :

HIGHLIGHTS page
- New book: Early Spring: An ecologist and her children wake to a warming world
- Science magazine on climate change's ecological and phenological effects
- Regional conference on wildlife & climate change in US northeast
- Resources at the National Climate Change and Wildlife Science Center
- Biodiversity Convention meeting on climate change
- New California "indicators" report

INSTITUTIONS page
- Updated resources from the Secretariat of the Biodiversity Convention
- Climate Institute added, with a number of useful links

USA IMPACTS page
- New link to the USGS's "National Climate Change and Wildlife Science Center"

TAXA-SPECIFIC IMPACTS page
- PRBO Conservation Science
- Effects of climate change on pika populations

ONLINE RESOURCES & MULTIMEDIA page
- Tom Lovejoy on "Climate change: Prospects for nature" (YouTube)

PERIODICALS page
- New link to journal: Climate Change Letters

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Massachusetts Environmental Trust Grant Round Open

The Massachusetts Environmental Trust (MET) FY 2011 General Grants RFR is now open. The Request for Proposals is now posted to the state RFR site, <http://www.comm-pass.com> . Letters of inquiry for this round are due on October 16, 2009 for projects that will begin in July 2010.

To access the RFR directly,
1.  Go to http://www.comm-pass.com
2.  Select the "Solicitation Search" link
3.  Enter EEA 10 MET 01 in the Document Number field
4.  Select the Search button
5. Click on the search result
6.  Select the View icon for the matching record to access all current information

For full information on MET, go to www.massenvironmentaltrust.org

If you prefer a copy of the RFR e-mailed directly to you, please contact:
William W. Hinkley
Massachusetts Environmental Trust
100 Cambridge Street, 9th Floor
Boston, MA  02114
617.626.1177

<mailto:william.hinkley@state.ma.us>
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CET Hiring Again

The Center for Ecological Technology (CET) is going to be hiring more Energy Advisors and Air Sealing Technicians.  The positions will be posted at http://www.cetonline.org/AboutCET/job_openings.php 

All interested applicants should send Megan McDonough meganm@cetonline.org, a resume and cover letter (preferably via e-mail).  The start date will be in early October for these positions - but the hiring process is time consuming.  Applicants should apply as soon as they can.

Air Sealing Technician

CET seeks qualified field staff to work in the MassSAVE program.  This is a statewide effort to improve the energy efficiency of homes.  This position involves going to customer’s homes to perform air sealing in attics and basements.  Air sealing reduces drafts and makes homes more comfortable and energy efficient. 

This is a full-time hourly position with benefits.  Applicants must have a valid MA drivers license and good driving record and the ability to work in attics, basements and crawl spaces which involves ability to work in hot and cold temperatures, good balance, and ability to crawl and kneel for extended periods of time.  Preferred applicants will have knowledge of home construction, basic tool use, math skills, customer service experience, and a passion for the environment.

To review a full job description please go to www.cetonline.org and click on “About CET”, then “job opportunities”.  Resumes and cover letters can be submitted to Megan McDonough – CET – 26 Market Street Northampton, MA 01060. EOE.

Energy Advisor

CET seeks qualified field staff to work in the MassSAVE program. This position involves doing technical energy assessments and selling energy improvement measures to customers, as well as installing lightbulbs and performing diagnostic tests.  Energy auditing often involves standing on ladders, kneeling in cramped spaces, working in dusty areas, and being in cold or hot temperatures.  CET is looking for candidates with strong math skills, communication skills, computer skills, knowledge of home construction, a valid MA drivers license, a reliable vehicle and a passion for helping people improve the energy efficiency of their homes. 

To review a full job description please go to www.cetonline.org and click on “About CET”, then “job opportunities”.  Resumes and cover letters can be submitted to Megan McDonough – CET – 26 Market Street Northampton, MA 01060. EOE.

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NPDES Overview Course for Permitees – Now Available On-line

From: Water Headlines for July 27, 2009 -  Water Headlines is a weekly on-line publication that announces publications, policies, and activities of the U.S. Environmental Protection Agency's Office of Water

EPA is now offering segments of its very popular "NPDES Permit Writers' Course" on line. In response to diminishing travel budgets and to reach a broader audience, EPA’s Office of Wastewater Management is developing web-based presentations that cover some of the material presented in the live course.

The National Pollutant Discharge Elimination System (NPDES) permitting program is authorized under the Clean Water Act to control the discharge of pollutants from industrial and municipal point sources to waters of the United States. The "NPDES Permit Writers' Course" is a five-day training course covering the key elements of NPDES permit development.  The course is taught by experienced EPA staff and contractors and has been very successful in training new EPA and State NPDES permit writers.  These recorded presentations are not intended to replace the "live course," but should enable permit writers who attended the NPDES Permit Writers’ Course to review the material on demand in a self-paced environment.  The Web-based presentations should also be useful for those who have not attended a live course, but wish to become familiar with important concepts of the NPDES permit program. 

The first installment in this Web-based training, “Establishing Water Quality-based Effluent Limitations in NPDES Permits" is now available at http://cfpub.epa.gov/npdes/outreach/training/pwtraining.cfm 
This web site provides links to the presentations, as well as introductory text describing the training materials, and explanations of how to navigate through the presentations. Additional training materials will be posted to the site in the coming months.  Questions or comments should be directed to David Hair in EPA's Water Permits Division at 202-564-2287 (hair.david@epa.gov)

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Massachusetts Industry Use of Asthma-Related Chemicals Overall is Declining

New Study Backs Need for Continued Toxics Use Reduction

The cumulative use of asthma-related chemicals in Massachusetts declined by 27 percent from 1990 to 2005, according to a report released today by researchers at the Lowell Center for Sustainable Production at UMass Lowell, yet some asthma-related chemical usage is on the rise.

Using data available under the state’s Toxics Use Reduction Act (TURA), UMass Lowell researchers have determined that more than 350 million pounds of chemicals associated with asthma and other health problems continue to be used in the state. One chemical category that’s increasing is diisocyanates, which are used in applications such as polyurethane foam production.  The chemical is a significant cause of occupational asthma.

The analysis examined the extent to which chemicals that are capable of causing the initial onset of asthma or triggering asthma attacks are being used and released by Massachusetts industries that report chemical usage under TURA.  The report includes lists of communities with the most use and release of asthma-related chemicals.

The report recommends supporting Massachusetts industries in efforts to reduce their use and release of asthma-related chemicals by substituting with safer alternatives. The TURA program’s Toxics Use Reduction Institute at UMass Lowell has conducted trainings, workshops and research for the last 20 years to help Massachusetts companies find alternative substances and processes that are economically viable and safer for health and the environment. “After helping companies examine their use of hazardous substances and evaluate alternatives, many often make the switch to safer chemicals or processes,” said Pam Eliason, TURI industry research program manager. “It is possible to both help companies be successful and reduce disease risks.

TURI’s future ability to provide services to companies making such changes is in jeopardy as the Commonwealth eliminated its funding, rolling it into the University of Massachusetts budget.

“While progress has been made, this report serves as a reminder for decision-makers in government and the private sector to include strategies that minimize exposure to asthma-related chemicals as they look for ways to reduce the burden of asthma,” said Dr. Matthew Sadof, chair, Massachusetts Asthma Advocacy Partnership, and director of Baystate Children’ Hospital Asthma Intervention Program. “Comprehensive asthma prevention and control agendas should include researching and adopting safer substitutes for chemicals associated with asthma.” 

The full report is accessible on the Lowell Center for Sustainable Production’s Web site: www.sustainableproduction.org and on TURI’s Web site: www.turi.org.

UMass Lowell, with a national reputation in science, engineering and technology, is committed to educating students for lifelong success in a diverse world and conducting research and outreach activities that sustain the economic, environmental and social health of the region. UML offers its 12,000 students more than 120 degree choices, internships, five-year combined bachelor’s to master’s programs and doctoral studies in the colleges of Arts and Sciences, Engineering and Management, the School of Health and Environment, and the Graduate School of Education. www.uml.edu.

The Lowell Center for Sustainable Production at UMass Lowell uses rigorous science, collaborative research and innovative strategies to promote communities, workplaces, and products that are healthy, humane, and respectful of natural systems.  The Center is composed of faculty, staff, and graduate students at the University of Massachusetts Lowell who work collaboratively with citizen groups, workers, businesses, institutions, and government agencies to build healthy work environments, thriving communities, and viable businesses that support a more sustainable world. www.sustainableproduction.org

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Support a Zero Waste Solution
From MassPIRG: 

As I write this note, the Department of Environmental Protection (DEP) staff is meeting behind closed doors to draft a 10-year plan for dealing with the Commonwealth's waste.

The details of the plan will be extensive, complicated and hefty. But the choice facing the DEP is simple: Will we continue down the path of burn/bury/pollute, as the waste industry is pushing for, or will we embrace a cleaner/smarter/healthier goal of reduce/reuse/recycle?

Tell DEP Commissioner Laurie Burt to support Reduce/Reuse/Recycle: The Zero Waste Solution.

In 2007, we sent more than half our waste to incinerators and landfills. Incinerators emit mercury, lead, sulfur dioxide and other pollutants into our air. Landfills pollute groundwater and serve as burial grounds for valuable resources.

It doesn't have to be this way. There are places in our state, our country, and in other parts of the world where they are doing so much better. For example, less than 5% of plastic bags are recycled, with the remaining 95% being burned or buried. But on Nantucket, plastic bags were banned years ago.

Or consider the City of San Francisco. On their website, they invite us to "Imagine a world in which nothing goes to the landfills or incinerators. We think it's achievable, and we're doing everything we can to make it happen.... Today, San Francisco recovers 72% of the materials it discards, bringing the city ever closer to its goals of 75% landfill diversion by 2010, and bringing the city to zero waste by 2020."

Lobbyists from the waste industry are working overtime to make sure we keep burning and burying our waste. That's why the DEP needs to hear from you.

Please take a minute to email DEP Commissioner Laurie Burt, and tell her we don't want Massachusetts to continue burning and burying and producing more waste? Please tell her you support Reduce/Reuse/Recycle: The Zero Waste Solution.

http://www.masspirg.org/action/healthy-communities/email-laurie-burt?id4=ES

Sincerely,

Janet S. Domenitz
MASSPIRG Executive Director
JanetD@masspirg.org
http://www.MASSPIRG.org

P.S. For more information about the Zero Waste Solution, click here.

BEAT Note: Check out BEAT's Zero Waste webpage.

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Westfield River Action Update from the Ocean River Institute
 
Thank you to everyone who joined ORI's effort to save the Westfield River and protect the Atlantic salmon that use it. ORI started with 3,500 signatures on our petition letter in April and now has over 5000. So, here is the update.
 
On August 13th a public hearing in Russell will be held on the U.S. EPA's proposed NPDES discharge permit (for more information on the hearing, click here). The permit, if approved, would allow the biomass incinerator to discharge heated effluents into the river that are toxic to the salmon. The release of these effluents would create a mixing zone that covers half the river's width, creating a "killing zone". We cannot allow this to happen.

TAKE ACTION!
 
Please add your comments to ORI's letter to the U.S. EPA.

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