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Health Board Blasts Harvey
December 5, 2003 - MetroWest Daily News

By David McLaughlin, News Staff Writer

HOPKINTON -- The Board of Health decided last night to get some advice on whether to yank its approval of trash hauler E.L. Harvey's recycling center after what members said was a "revelation" of a second landfill on the property.

Board members blasted the company for never saying anything about another landfill that straddles an area on the border of Hopkinton and Westborough. Board member Jeff Hersh said it was "frustrating" the information was "withheld" from the board.

"This is the nth thing that we have subsequently found out after 35 hours of hearings that we had no knowledge of. It was not presented to us," Hersh said.

Harvey lawyer, Stephen Richmond, rejected the idea that the landfill is a secret. He said the now-closed landfill has been around for 50 years and once served as the Westborough town dump. He says its existence has no bearing on the proposal to create a recycling center.

The board unanimously voted to ask selectmen to pay for a lawyer with a specialty in solid waste management, not the town counsel, a vote that generated applause from residents at the meeting. If selectmen approve the request, Hersh said he wants the lawyer to look into whether the Board of Health's approval of the recycling center, called a site assignment, should be reconsidered.

"There are lots of questions going back and forth between attorneys and the Board of Health is the only one without an attorney," board chairwoman Nancy Peters said.

The site assignment requires Harvey to "properly characterize" the landfill on its Hopkinton property where the company is trying to get the town's approval to build the controversial recycling center. The company is running groundwater tests around the Hopkinton landfill in an effort to "properly characterize" the site.

Board members said the discovery of what they said was a previously unknown second landfill placed much doubt on that investigation. The town's own environmental consultant appeared to back up that sentiment in a memo sent to the board.

Harvey owner Jim Harvey, his two sons and their attorney did not attend the meeting last night, although they usually do. Reached by phone last night, attorney Richmond said the existence of the landfill is "absolutely irrelevant" to the site assignment. He added he is "dismayed" that Hersh suggested the company had an obligation to reveal the presence of the landfill during its hearings.

"There is nothing new here. The board may want to find something new, but there is nothing new," Richmond said. The second landfill is mentioned in state environmental records, he said.

The board's vice chairman Richard de Mont questioned several times whether the second landfill has any bearing on the board's approval of the recycling center. But Hersh and Peters argued the entire Hopkinton property falls under the board's jurisdiction.

(David McLaughlin can be reached at 508-626-4338 or at dmclaugh@cnc.com)

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