Prior to Wind Turbine Installations Falmouth had the Octave Band Data / Sound performance for the V82 turbine
Falmouth Wind Turbines & RICO Act
Did the Town of Falmouth violate the RICO Act ? They all knew the turbines would break state noise laws !
The Commonwealth of Massachusetts
Department of Environmental Protection (DEP)
Noise Control Regulation 310 CMR 7.10
310 CMR 7.10 Noise
(1) No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise.
Prior to the installations of the Falmouth wind turbines it appears Vestas Wind Company forewarned the Town of Falmouth, Town of Falmouth contract engineers and construction contractors. The manufacturer ( Vestas )also needs confirmation that the Town of
Falmouth understands they are fully responsible for the site selection of the turbine and bear all responsibilities to address any mitigation needs of the neighbors.
The turbines operated full time until May of 2012. State officials shut down the wind turbine in Falmouth after measurements showed the machine generating more than 10 decibels above ordinary background noise.
The turbines operate 12 hours a day during daylight now and are shut off on Sunday
Passed in 1970, the Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law designed to combat organized crime in the United States. It allows prosecution and civil penalties for racketeering activity performed as part of an ongoing criminal enterprise.
To convict a defendant under RICO, the government must prove that the defendant engaged in two or more instances of racketeering activity and that the defendant directly invested in, maintained an interest in, or participated in a criminal enterprise affecting interstate or foreign commerce.
. UNITED STATES V. CIANCI
Providence Rhode Island
For twenty-one years, from 1975-1984 and from 1991-2002, Vincent A. “Buddy” Cianci was the mayor of Providence, Rhode Island.
Ultimately, Cianci was only convicted of one RICO conspiracy count.
The First Circuit notes—for a RICO conspiracy conviction, a defendant simply “must intend to further an endeavor which, if completed, would satisfy all of the elements of a substantive criminal offense, but it suffices that he adopted the goal of furthering or facilitating the criminal endeavor.”
Buddy Cianci was therefore found guilty of a §1962(d) RICO conspiracy violation and sentenced to five years and four months in prison.
Falmouth noise letter recently released through a Freedom of Information Request
August 3, 2010
Mr. Gerald Potamis
Town of Falmouth Public Works
59 Town Hall Square
Falmouth, MA 02540
RE: Falmouth WWTF Wind Energy Facility II “Wind II”, Falmouth, MA
Contract No. #3297
Dear Mr. Potamis,
Due to the sound concerns regarding the first wind turbine installed at the wastewater treatment facility, the manufacturer of the turbines, Vestas, is keen for the Town of Falmouth to understand the possible noise and other risks associated with the installation of the second wind turbine.
The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances. These measurements are based on IEC standards for sound measurement which is calculated at a height of 10m above of the base of the turbine.
We understand that a sound study is being performed to determine what, if any, Impacts the second turbine will have to the nearest residences. Please be advised that should noise concerns arise with this turbine, the only option to mitigate normal operating sound from the V82 is to shut down the machine at certain wind speeds and directions. Naturally this would detrimentally affect power production.
The manufacturer also needs confirmation that the Town of Falmouth understands they are fully responsible for the site selection of the turbine and bear all responsibilities to address any mitigation needs of the neighbors.
Finally, the manufacturer has raised the possibility of ice throw concerns. Since Route 28 is relatively close to the turbine, precautions should be taken in weather that may cause icing.
To date on this project we have been unable to move forward with signing the contract with Vestas. The inability to release the turbine for shipment to the project site has caused significant [SIC] delays in our project schedule. In order to move forward the manufacturer requires your understanding and acknowledgement of these risks. We kindly request for this acknowledgement to be sent to us by August 4, 2010, as we have scheduled a coordination meeting with Vestas to discuss the project schedule and steps forward for completion of the project.
Please sign in the space provided below to indicate your understanding and acknowledgement of this letter. If you have any questions, please do not hesitate to call me.
(Bruce Mabbott’s signature)
Bruce Mabbott Gerald Potamis
Project Manager Town of Falmouth
CC: Sumul Shah, Lumus Construction, Inc.
(Town of Falmouth’s Wind-1 and Wind-2 Construction contractor)
Stephen Wiehe, Weston & Sampson
(Town of Falmouth’s contract engineers)
Brian Hopkins, Vestas
(Wind-1, Wind-2’s turbine manufacturer, and also Webb/NOTUS turbine)