The Devens Enterprise Commission has issued a second notice of violation to Barnum Road manufacturer Evergreen Solar, essentially extending its deadline from June 1 to June 25 to solve two lingering noise problems. The company did meet the deadline for remedying the whining “pure-tone” noise that had long vexed Old Mill Road residents.
If noise from gas deliveries and door alarms is not remedied by June 25, fines of $300 per day per infraction kick in. DEC has also reminded Evergreen Solar that it is operating under a temporary certificate of occupancy, and that the agency will not issue a permanent certificate until the problems are corrected.
DEC is asking the company to provide an analysis of its proposed short-term solutions, and to “install the necessary sound attenuation equipment immediately to temporarily address the gas delivery noise violations until a long-term solution is implemented.”
According to Neil Angus, staff planner at DEC, the agency is acting expeditiously. On May 27 DEC contacted Praxair, the supplier of the problematic argon gas, to notify the company that its “client is in violation due to their actions,” and to ensure that deliveries take place only between 8 a.m. and 4 p.m.
“[Evergreen is] cooperating with us and looking for ways to resolve this. We don’t want to get into a legal situation. It could prolong the situation,” said Angus. “At the same time, we recognize the residents are putting up with an awful problem.”
On Monday, Evergreen Solar Plant Manager Craig Core responded in a letter to DEC Land Use Administrator/Director Peter Lowitt that within the past week it had initiated several measures to reduce complaints. The facility’s gates will be locked to prevent gas delivery outside the approved hours, and Praxair has agreed to the restricted hours. To date, attempts to temporarily quiet the truck-mounted gas pumps with acoustical wrap have failed; a permanent solution in the form of ground-mounted pumps with acoustic insulation will require eight to 10 weeks to install. While Core does not address the problem of door alarms, he says that Evergreen Solar is now monitoring noise levels at the back of the building twice a day to identify sources and assess changes in decibel level.
The second notice of violation was generated based on the results of DEC consultant Doug Sheadel’s interim sound tests at the rear of Evergreen Solar’s building and at two Old Mill Road residences. Evergreen had previously acknowledged the current problems, and said in April that the door alarms had been disarmed, and promised to conduct daytime gas delivery as soon as possible.
