A company that runs a wood fueled power plant in Hopkinton has sued the town.
Regenisis Corporation charges that the town is unfairly holding up its plan to burn construction and demolition debris.
But Hopkinton officials say the company disregarded proper town procedures by filing the suit.
And town residents worry the plant will become a big source of pollution.
New Hampshire Public Radio's David Darman has more.
Officials at Regenesis Corporation say the suit filed in Merrimack Superior Court will allow the company to re-open their plant.
Town officials stopped the plant from resuming operations after Regenesis said it planned to burn wood from construction and demolition.
The facility had formerly burned only wood chips.
Harry Smith is vice president of Regensis.
He says the town had no right to take that step.
41 318 there were never any stipulations requiring us or saying that we should burn only virgin wood chips. The approvals were for burning wood fuel, we have always burned wood fuel, and we?re continuing to burn wood fuel.. 41 348
Hopkinton officials say there is no basis for the suit.
They say they stopped work on Regensis?s Bio Energy facility, because the company didn?t adhere to town procedures.
Selectman Don Lane says the company needs to get the board?s permission to switch fuels.
we didn?t say ?you can?t do that?
36 526 we said ?you can?t do that without going for a new permit? because you are changing the use. And they chose not to do it. 538
Town officials held up the permit due to concerns about increased pollution from the plant.
State regulators have not eased those concerns.
The Department of Environmental Services has ruled that the Bio Energy plant can legally emit 2 and a half tons of lead into the air each year.
That didn?t sit well with town residents.
They got together to form a local opposition group called, REACH.
It stands for Residents Environmental Action Committee of Hopkinton.
REACH has appealed the state ruling to federal regulators.
Ron Lajoie is president of the group.
He says REACH is gathering evidence of the serious problems with the state ruling.
03 214 we also have 150 doctors from around the state, who have voiced adamant concern about levels of lead that will be emitted from this. And that they feel that it isn?t safe. And that it, quote, ?poses an imminent danger to the community.?03 236
Officials in the State Department of Environmental Services say they sympathize with the concerns of Hopkinton residents.
But the Department is following the state?s own regulations.
Bob Scott is the director of the air resources division.
He says the regulation has to cover plants from many different industries, so it relies on the best science available.
, it looks at just about 800 different chemicals, and the concentration, at the property line and the impacts basis of that is the impact it would have on the most at risk population. That would (be)your children, asthmatics, elderly, that type of thing. So, that?s what its geared for.
And says Scott, the plant would pass that test.
Regensis could avoid the whole problem by backing out of its plans to burn construction and demolition debris.
But company officials say they can?t produce electricity cheaply enough to compete if they continue to use expensive virgin wood chips.
The company used to manage by selling its power at above market prices to Public Service of New Hampshire.
But PSNH bought out that contract in 2001.
Since then, Regenesis has had to find cheaper sources of fuel to make its electricity competitive.
Regenesis vice president Harry Smith says the company?s future depends on changing the plant?s fuel.
43 any lowering of our costs helps us compete, and will enable us to work and be active in the different energy markets. And it will also be (en)able us to generate up to 300k in local taxes and be able to maintain 25 good paying jobs. 43 24
Regenesis?s Bio Energy plant will be able to count on a steady supply of wood from construction and demolition sites.
Such debris accounts for about 20 percent of New Hampshire?s waste stream.
Some of that waste is heading into local landfills.
But much of it also heads to northern Maine.
There two plants burn the debris to generate power.
But transporting waste to northern Maine can be pretty expensive.
John Blaisdell is with Greenseal, an environmental and
engineering consulting firm.
He says a plant closer to home could keep more waste out of local landfills.
31 314 ?they?re really meeting a market need. The only way you?ll be able to recycle construction and demolition debris, is if you have somebody who is willing to accept the product that you?re making, right?
Regensis?s suit could take several months to wind through Superior Court.
In the meantime, the owners of 5 other wood to energy plants in the state are probably watching the case closely.
They all have or have had lucrative contracts with PSNH.
If Regenesis wins, these plants may look to construction debris to fuel their plants.
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