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BOS asks Devens building commissioner to restrict Evergreen Solar hours of operation

The Harvard selectmen have formally asked that the hours of operation of the Evergreen Solar plant at Devens be significantly curtailed if the company is unable to meet the noise standards set for it by June 29.  Evergreen Solar’s capital project manager, Brian LaValley, says that such a change would be “devastating.”

In a June 18 letter to Devens Building Commissioner Gabe Vellante, the selectmen wrote that while they recognized the “diligent efforts” of the Devens Enterprise Commission (DEC) to resolve the issue, “we do not feel the response of Evergreen has been satisfactory.”

The letter requests “that the temporary certificate of occupancy that Evergreen is currently operating under be modified to limit their hours of operation to between 7 a.m. and 4 p.m. Monday through Friday” until the plant is able to meet noise levels allowed under Devens industrial rules and regulations. Copies of the letter were also sent to DEC Director Peter Lowitt and members of the DEC board of directors, which includes two representatives from Harvard. Vellante could not be reached for comment by press time.

Harvard residents on Old Mill Road who live behind the plant have complained of incessant noise since February. Subsequent sound studies conducted by both Evergreen Solar and DEC revealed that the plant was operating at twice the permitted noise level and, during truck deliveries of chemicals, as high as nine times the standard.

DEC issued a notice of violation in April, and Evergreen Solar quickly resolved the issues that were cited. But elimination of what had been a primary source of noise unmasked a host of others, and DEC issued a second notice of violation in May. Sources at DEC and Evergreen Solar say that while many of the remaining issues will be resolved by the June 29 deadline, others cannot be corrected before early September, as laid out in a company plan.

“We’re as dumbfounded as anyone about the noise situation,” said Evergreen  Solar spokesman Chris Lawson in a phone interview. “We thought we’d solved the problem in April.” He said the company is working “feverishly,” but said that some of the needed equipment must be custom built and has long lead times.  He estimated that Evergreen Solar will spend at least $500,000 to correct the most serious problems, and another $500,000 to fix other noise sources, including some that may be identified later.
Restricting hours of operation would pose significant problems for the plant, says Lawson. “We’re a 24/7 operation, and [stopping and starting operations] would pose significant problems.”

“We want to communicate the severity of the problem,” Harvard Town Administrator Timothy Bragan told the Press this week. “Our concern is our residents and we’d be remiss if we didn’t do anything.”

The next move is up to DEC Director Peter Lowitt and the DEC Board of Directors, said DEC Staff Planner Neil Angus in an interview. He noted that the town of Harvard has no jurisdiction over Devens, and the DEC building commissioner is an employee of DEC. Angus said the most likely course is for the board of directors to discuss the matter at its June 30 meeting, and act based on what they hear from the public, as well as on his recommendations and those of Lowitt. Angus said that from his point of view, Evergreen is “fully cooperating.”

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