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NEW BEDFORD — When selectmen voted in April not to renew the authorization for Excel Recycling, it was abatement for association who had lodged complaints of babble and air abuse aback 2016.



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The activity was short-lived.



The aggregation challenged the accommodation in cloister and resumed operations at its ability on Ridge Hill Road. The boondocks issued a cease and abandon order, and Excel Recycling filed for injunctive protection.



At a May 17 cloister hearing, Excel requested a armpit analysis and added time to complete its complete acknowledgment measures to canyon all appropriate testing. Excel was accepted a acting stay. That was six months ago, and Excel Recycling continues to accomplish unlicensed.

On Oct. 26, the case was aback in New Bedford court.

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Excel’s advocate John Markey argued the court’s cardinal should be based on new advice and not the April 30 decision, apropos to the advice as “stale data.”

Markey said Excel was not accustomed abundant time to complete its complete acknowledgment measures, including a custom-built soundproof console asylum for the facility’s automated shredder. The aggregation has spent added than $2 million. The new complete testing was completed at Excel’s ability in May, and the aggregation passed. The DEP, over the summer, formally accustomed that Excel was in compliance.

Excel additionally accomplished a adjustment with the DEP to pay the fines for complete violations it had accumulated over the advance of a year, he said.

“We accept all the abstracts confirms we’re in compliance,” Markey said. “Obviously, the bodies who bought their houses abutting to an automated esplanade were hopeful that the lot would accept abandoned as it was abundant quieter. That’s not the case. We confused in. You accept all these added businesses affective in. It is alteration because Freetown wants a bigger bartering tax base.”

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Representing Freetown’s Lath of Selectmen advocate George Pucci from KP Law objected to the affirmation about dried data. “They’re acting like this is from years ago. Not true. It’s alone been months,” said Pucci.

More than 400 complaints were filed from the time Excel began operations until the April 30 decision. Pucci said the accommodation was based not aloof on complaints, but additionally from observations and advertisement from the town’s Lath of Health abettor and badge and blaze departments.

“This is about affection of activity and accord of mind,” Pucci said.

Over the summer, badge congenital a case for filing a bent complaint with Excel over actionable operating and blank the cease and abandon order. The allegation for the case is in backward November. Pucci said already Excel was notified of the charge, operations didn’t cease.

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Pucci said that for association little has afflicted over the accomplished six months with attention to sound, homes vibrating, a pungent, adipose odor biting beyond the neighborhood, and bits begin in yards, believed to be from atom bags and agent belts.

“The case is accessible for resolution now. There is no dried data,” said Pucci.

Complicating affairs added was the advertisement in cloister that Excel is filing for a new authorization with the town. Attorneys for Excel filed an emergency motion with the cloister on this new application. They ambition to accept boondocks admiral amend the company’s cachet and analysis the appliance based on new data, not antecedent experiences.

“My audience are acquainted that some of these complaints are legitimate, which is why they fabricated all the investments, and we’re acquisitive the lath looks at their appliance with new eyes,” said Markey.

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Pucci accepted that selectmen, as appropriate by law, will accept by the emergency motion and “work with the court” on administering a new review. If a new admittance is granted, again the case would be over. If the lath denies the application, Excel’s attorneys may acknowledgment to the adjudicator for a assurance on whether or not the lath acted aural acknowledged boundaries.

A new cloister date was appointed for Dec. 13.

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Last Updated: December 19th, 2018 by admin
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