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Landfill Capping Via Rail 'Not Feasible,' EndCap Says

The soil/sediment management company says using rail to ship contaminated waste to the Attleboro Landfill would be too expensive and take too long.

On the day the City Council passed a resolution favoring the use of rail over trucks for shipping hundreds of thousands of cubic yards of contaminated waste through Norton and Taunton into Attleboro for a landfill capping project, a lawyer for the company heading the project submitted a letter to a city councilor calling the so-called rail option "not feasible."

Richard Nylen, attorney for soil/sediment management company EndCap Technology, wrote in a letter on Tuesday addressed to City Councilor Jonathan Weydt that rail delivery would be too expensive and would take too much time—at least 15 more years than the planned three to four years it would take to ship the material with trucks.

EndCap has agreed to pay for the Massachusetts Department of Environmental Protection-ordered capping of the Attleboro Landfill on Peckham Street, a project the site's owner says he cannot afford to finish. To make it financially worthwhile for EndCap to do this, the company plans to deliver an estimated 650,000 cubic yards of what has been called "slightly contaminated material" to the landfill. This material would be delivered via 35 trucks per day from 7 a.m. to 4:30 p.m. on Monday through Saturday. The material would be used for shaping the landfill prior to capping and would come from clients that pay EndCap for the disposal.

Nylen wrote that delivering via rail would dramatically raise the cost for EndCap's clients. 

"The cost for an owner to bring soils by rail to Attleboro with the tipping fee is at least two and one-half times the cost of trucking or approximately $55-$60/ton," wrote Nylen, who substituted the term "soils" for what has been called "slightly contaminated material" in other project documentation. "This is based on EndCap's discussions with soil brokers and the rail owner that controls the short line that would take the material into Attleboro."

The attorney wrote that the cost would go up further due to other features of shipping the material via rail. He concluded, "the soil owners will not pay the higher price to ship it by rail and no soils will be delivered for closure to Attleboro."

Mayor Kevin Dumas signed a deal with EndCap in 2009 that would allow the company to use Attleboro roads for trucks to exit the landfill after delivering the contaminated material in exchange for a 25-cent-per-ton "tipping fee" to the city. EndCap has an expanded plan on the table that would take the trucks through Norton (which has been offered 25 cents per ton) and Taunton (which has requested $1 per ton, but offered nothing) to make the deliveries, but only the Attleboro portion of the plan features a signed agreement.

Dumas wrote a letter to EndCap last month stating the agreement was no longer valid. Nylen responded that he disagreed, but his client was willing to talk with the city about modifying the deal. In a letter sent on Monday to the mayor, Nylen wrote that rescinding the agreement is a possibility.

"As a gesture of good faith, I have been authorized by EndCap to notify the Mayor's Office and the City Council that it is willing to rescind the 2009 written agreement and its terms and to meet with your respective offices to discuss the limited range of alternatives that are available and to open discussions as to the options for closing the landfill and preventing additional contamination of groundwater."

The council on Tuesday voted 11-0 for a resolution that "urges" EndCap and the state DEP "to develop an alternative plan" for the landfill capping. The resolution states the council "may support an alternative to that proposal which would utilize the adjacent CSX Railroad spur line." When the resolution was being crafted last week, some councilors had proposed it state opposition to the mayor's agreement, but others opposed doing this. 

"I think we are hurting ourselves if we get into this little catfight … over what was or wasn't done," Council President Frank Cook said last week.

There is no mention of the mayor or his agreement in the final version of the resolution.

The landfill capping will be the topic of a meeting tonight at Bristol Community College, route: {:controller=>"listings", :action=>"show", :id=>"bristol-community-college-of-attleboro"} -->, 11 Field St., hosted by Councilor Weydt, who has been

Dolly September 19, 2012 at 02:58 PM
I had high hopes for Councilor DiLisio. It appears he's another one of the Mayor's gang. Jay cut the apron strings and represent the voters who elected you with honesty and integrity.
James September 19, 2012 at 03:20 PM
Yes, another one in Kevin's pocket. I cannot stand the statement that Frank Cook made: I feel that we should care about what deal was made without the public input. So many backroom deals in the town and so many doing the Mayor's bidding. Don't they realize that come election time he won't stand behind them as they have stood behind him? I live in Frank's district and am so sickened by the fact that he didn't care enough about me and my neighborhood to keep those trucks out of here. Remember people, when the Mayor is not around it is Frank Cook who is acting Mayor so of course he will do anything that Kevin wants. The new councilors need to distance themselves from Kevin and his croonies and do the things that their constituents want not what "they" feel is best. You were not voted in because we want you to do things without consulting us, but find out what it is that we "the people" want and go to bat for "us".
Wayne Lacroix September 19, 2012 at 04:56 PM
Frank Cook and Brian Kirby havn't done anything about this and it's in their ward. Shame on them, I'm sure they knew about this trucking agreement and kept quiet. Why else would they be so silent. Jay Dilisio is another YES man, who bows to the mayor. JUMP- How high your highness. Then there's Peter (pea brain) Blais and Heagney. They are all good for nothings. If you want to find them look in Kevin's pockets.
Jerry Chase September 19, 2012 at 06:24 PM
Of course EndCap Technologies says that shipping by rail in not feasible: THEY'RE A TRUCKING COMPANY!! Duh?
Hope Attleboro September 19, 2012 at 08:26 PM
Mr Chase this is the second funniest comment you have ever made. The first is when you told Kirby to "shut up" on the Council floor. DiLisio is controlled by the party that put him there. The Attleboro GOP (Sue Blais et al). He cant help it he needs her help and to get it you MUST do as she says and what she says is what the Mayor says to her. See the connection? Just rememberr this when election comes along. We have a lot of back room deals and BS going on - The agreement from 2009 is a small example of this side dealing. Get used to it or get rid of the Mayor.
Sarah September 19, 2012 at 09:32 PM
I couldn't agree with all of you more.. funny though, Kevins freinds typically jump all over this stuff on PATCH, the silence is amazing. Perhaps Kev, Pete, Bri, Frank and Jay are understanding the wake-up call they have been getting but ignoring for the last year... We, your constituants are very unhappy with they way you are doing things. We put you there, we will take you out. Oh, and Jay, a little reminder, you came in LAST in the At Large election results.. slippery slope my friend, proceed with cautiion. You term could be one of the most forgettable in Attleboro history.
John September 20, 2012 at 01:59 AM
The city should ask for $5.00 / cy tipping fee. $5.00 X 650,000 cy equals $3,250,000.00. This would pay for the new field and concession stand at Attleboro High. What a way to save taxes, and everyone in Attleboro will benefit.
Adam Edward September 20, 2012 at 04:23 PM
I didn't realize that "not feasible" meant less profitable. Who is going to pay for the repairs that will be needed on these roads after the trucks get done? I'm guessing we will.
Renee September 21, 2012 at 02:40 PM
When you come on here and say what u want about what you think is going on it makes you look stupid all you do is read what is going on do you know that the mayor has done more for this city than you could imagine ....no you dont and you all post on here who is in whos pocket do you see thier txt or phone call logs no and obviously you dont know any of these city officials they work hard they take time away from thier families to make sure that this city is not going to end up like central falls or any of thoes other cities .... Get a life and do something else with your life then bash the ppl that are trying to help this city for once and you be away from your family and children if you have them as much as they are
Wayne Lacroix September 22, 2012 at 05:07 AM
Renee, obviously you don't understand. The mayor got caught signing a contract that will effect ward 4 people very hard.He didn't even respect the residents enough to listen to their concerns before he did it. My folks live there. If you watch the meetings on tv as I do, you'd see a pattern of 5 councilors always rubber stamping everything for their master, Mayor Dumas. It's a shame Cook, Kirby, Blair, Heagney and Dilissio can't think for themselves. Seriously Renee check it out.
Jerry Chase September 22, 2012 at 04:38 PM
EndCap Technologies is not an objective source for decision-making.
Patricia Mello September 30, 2012 at 02:02 PM
It is immoral for this to be "profitable" to the owner and yet harmful to the surrounding communities.

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