TIMELINE
WINTERWOOD FARM COMPOST
1994 through 2004
are background on our farm and compost operation; 2005 to present are the
events which led to the shutdown of our award winning business by DEP:
1994 Began composting our own manure on farm for
our own use
1994 Were informed
that we needed a permit from DEP to compost agricultural waste on farm;
began permitting process
1997 Finally
received our Permit by Rule to compost
1997 Our compost
approved by Maine Organic Farmers & Gardeners (MOFGA) for organic growing
1998 DEP requested
we clean up two closed compost sites and begin taking fish waste
1998 DEP changes
all rules for composting without contacting composters and without public
hearing. These rule changes make Winterwood Farm (WWF) a “non-compliant” site.
2001 WWF informs
DEP that it will be downsizing composting operations
2001 DEP does not
want WWF to downsize; puts WWF in touch with JER, Inc which leads to a contract
with JER to market all WWF’s finished compost
2001 WWF awarded
the Governor’s Award for Waste Reduction
2001 Obtained DEP
permit for major expansion of compost site, secured financing & began
construction
2001 Received a
large load of spoiled lobster at DEP’s request which develops into an odor
problem. We follow DEP’s instructions to alleviate odors which don’t work.
Dept. of Ag concurs with the approach we wish to take. After several weeks of ongoing odor DEP finally allows us to try
the different method and the odor problem is quickly resolved.
2001 WWF becomes
one of the largest organic agricultural composters in the northeast
2002 WWF wins the Composter of the Year Award from Maine Resource
Recovery Association
2002 WWF wins the Maine Small Business Development Centers SBDC “25” Award
2002 US Congressman
Tom Allen & Oregon Congressman tour WWF facility
2003 JER stops
paying for product and the relationship deteriorates. Despite this setback, WWF
moves forward with its own marketing
program and takes over all aspects of production and marketing
2004 WWF passes along
discoveries concerning BST and disposal of
carcasses infected with this disease through composting to the department of Ag
and DEP which leads to the first Mortality Symposium
which is hosted in Maine
2004 WWF hosts
farm tours for members of the American Farm Bureau
from Tennessee & Kentucky
2004 Hosts various
Agribusiness Tours and Ag in the Classroom Tours
2004 Hosts and
assists a group from the Ireland Fishing Industry
who are attempting to start their own composting operation in Ireland
2004 WWF is a
featured tour stop during the National Compost Industry
Symposium presented by Biocycle Magazine
2004 Robert St. Onge
addresses the Food Waste Symposium conducted by
the Maine State Planning Office
2004-2007 DEP continues to call upon WWF to clean up numerous
environmental problems from whales washed
up on the beach to boatloads of bad herring, etc.
This is where the
problems begin:
2005 November- The heaviest rainfall in Maine recorded history causes
widespread flooding throughout the region. A “bloom” of organic substance
appears in a small tributary near the farm. This tributary is fed by several other sources upstream
from the farm, including a 300 acre swamp.
2005 November- Without testing the water, a DEP employee Matt
Hight advises residents downstream that the growth in the tributary is “sewer
fungus” and is highly toxic, resulting in newspaper reports accusing WWF of pollution and seriously
damaging our reputation as an organic facility
2005 November- WWF has the brook tested by a professional lab. The
growth is found to be a completely harmless naturally occurring organism found
in all fresh water which causes absolutely no harm to human, animal, aquatic,
or plant life. This organism “blooms” in the presence of excessive organics in
the water caused by the flooding of the upstream swamps as well as runoff from
the farm, as the growth is also
visible upstream of the farm.
2005 December- Even though our DEP permit dated 1/9/01 clearly states
in Section 4C Stormwater, flooding and Leachate Control: “A wet pond will be
located in the western section of the site AND WILL DISCHARGE TO A WETLAND IN THE SOUTHWEST CORNER OF THE PROPERTY”,
DEP is threatening NOVs and fines for discharges to waters of the State.
2006 January- An email in our possession from John Glowa (DEP Water
Division) to other DEP employees states “It is my understanding that DEP solid
waste did previously approve construction of a retention/detention basin that
would discharge leachate to waters of the State even though the discharge
was/is not licensable”.
2006 April- WWF proposes immediate construction a second
retention pond to eliminate possible future runoff from the site. DEP informs
us we must apply for an amendment to our permit, obtain topographical surveys and have extensive engineering done and wait for approval(a 10-12 month process) before work can begin.
2006 April- Meeting held in Portland, Maine with DEP with five DEP
employees and conference call with DEP and ME Dept. of Ag in Augusta. Meeting
held to facilitate upgrading the farm to where it could handle larger rainfalls than what regulations
actually required. Two and half hour meeting was very positive until the end,
when Bob St.Onge asked Andy Fisk what his attitude was toward the farm at this
point, and his attitude towards the farm getting regulations changed to apply
science. Mr. Fisk’s immediate
response was “You screwed the pooch and you’re going to
pay”.
2006 May- Another huge rain event in Maine; President Bush declares
York County a disaster area due to widespread flooding
2006 May – DEP issues 4 Notices of Violation to WWF for discharges
occurring during this major rain event, meanwhile DEP approves the discharge of
BILLIONS of gallons of raw sewage from municipal waste water treatment plants directly into Maine rivers.
2005-2006 -The Solid Waste Div. and the Water Div. of DEP are
unable to agree on how we should proceed. After many meetings, WWF is ordered
to follow the recommendations set forth in a letter from the Maine State Soil
Scientist. WWF immediately begins making the recommended changes to the site
which involves redesigning much of the site that DEP originally designed and
approved. These modifications cost in excess of $147,000
2006 DEP continues to send “problem waste” to WWF while
continuing to cite further Notices of Violation.
2006 June DEP cites WWF with a
Notice of Violation for air emissions for discharging 2.89999999999999 tons of ammonia into the atmosphere in one year. This
amount is miniscule compared to what
is allowed by the EPA. Furthermore, we didn’t “produce” the ammonia; it was all
here in Maine at different farms before the manure was transported here to be
composted.
2006- WWF asked by Dept of Ag and DEP to provide compost
material for the Emergency Response Plan for Avian Flu.
2006 WWF given
permission from DEP to spray irrigate retention pond water on pastureland and
purchases $5,000 worth of irrigation equipment. One week later DEP revokes permission,
then several week later allows
us to spray ONE time.
2006 August- WWF is served with a summons taking WWF to court for
violations which, incredibly enough,
include making the modifications to the site without DEP approval; modifications that DEP ORDERED us to make. DEP seeking a minimum fine of
$182,500.
2006 November- After more heavy rain, another bloom occurs in the
tributary that does not border the compost site and for which WWF is clearly not
responsible. DEP employees claim that our 35 head of cattle pastured on 40
acres of land over 1,000 feet away and downhill
from the tributary are responsible for the pollution. Another Notice of Violation.
2006 December- WWF has been working on a refinance package with
FAME, CEI, BSAEDC and a private bank but the refinance cannot be processed due
to DEP litigation
2006 December- DEP serves WWF with another NOV, this time for
starting a “landfill” without a permit due to lobster elastics in the compost. It should be
noted that the lobster elastics are biodegradable.
2007 January- WWF requests mediation with DEP to resolve NOVs so
that we can move forward with refinancing
which is now crucial because of all the money spent on revamping the site.
Also, NRCS can come in and do more
work once the NOVs are resolved. Gov Baldacci calls
us to reassure us that there will be a resolution to benefit both agriculture
and WWF.
2007 April- Mediation takes place 7 days after the Patriots Day
storm which cause more wide spread flooding in So. Maine. WWF now has 6 NOVs
for “discharges” and spends $7,000 to
have an attorney &expert witness
attend the mediation to rebut these charges. DEP opens the mediation by stating
that they REFUSE to discuss any water
issues and will only discuss the proposed “consent decree”. WWF refuses
to sign the consent decree which requires us to obtain a waste water discharge
license among other things. Under agricultural rules we do not need a waste
water discharge license to spray irrigate pastureland.
2007 June- WWF is forced to sign the consent decree because DEP
has blocked financial assistance
through the NRCS. This financial assistance and refinance of our debt is absolutely
necessary due to the cost of making the improvements DEP ordered along with
consulting and legal expenses incurred (now at
about $250,000). DEP and Me. Dept of Ag along with NRCS assure us that they
have grant money and funds to help pay for the topo survey and engineering
required by the Consent Decree.
2007 June- DEP presents WWF with a draft Waste Water Discharge
License that is designed for a municipal waste water treatment plant – not an organic
farm spraying storm water mixed with leachate.
Also, the application rates are clearly erroneous.
2007 July- DEP and Me. Dept of Ag inform WWF that they do not
have the funding promised at the time we signed the consent decree (only a few
weeks earlier).
2007 July- WWF finally pulls a refinancing package together with
a closing date in early Sept.
2007 July- Bob & Judy St. Onge owners of WWF notify all concerned
parties, including DEP that they willbe away on vacation for the month of
August.
2007 August- DEP calls WWF office during our absence stating that
they intend to visit the farm with a number of high ranking DEP officials two
days hence (this is not a routine inspection).
Since we cannot possibly be present, we
request that the meeting be postponed until our return in 7 days. (We were in
So. Dakota at the time) We are notified that the
meeting will be postponed. We schedule the meeting for the day after we
return.
2007 August 31- DEP, NRCS, and Me. Dept of Ag meet at WWF Gregg Wood
(DEP) informs everyone present that according to DEP rules, ALL farmers need a
permit to discharge liquid nutrient to the ground and that DEP does not
recognize USDA authority.
2007 September- DEP files a motion
in court for Contempt for “denying access” to the property while we were away on vacation. DEP ignores the fact that we were
advised that the meeting had been postponed.
2007 September- Entire financial package is derailed by the motion
for contempt. The private bank backs out of the deal.
2007 September- Mike Clark (DEP) goes DOOR TO DOOR in Lyman with
“odor complaint” form, soliciting
odor complaints against WWF. (in spite of this we have never been cited for an
odor)
2007 November- WWF forced to file Chapter 12 Bankruptcy due to
inability to refinance or obtain NRCS assistance
due to DEP motion for contempt.
2007 November- Carla Hopkins, DEP, attempts to have all 60 of Troiano
Waste’s trucks pulled off the road and inspected
for haz mat violations in retaliation, because she was angry with one of the
drivers who objected to her photographing him without asking while he was
delivering waste to our farm.
2007 December- DEP withdraws the motion for contempt for denying
access.
2008 January- DEP meets with the legislative Agricultural
Committee. DEP Commissioner Littell states
that any use of nutrient agronomically does NOT need to be permitted by DEP
(the direct opposite of what Greg Wood
said at the August 31 meeting.
2008 January- The legislative Agricultural Committee once again
tries to pass a bill to put agricultural composting BACK under the complete
jurisdiction of the Dept of Ag. DEP lobbies against the bill and during
committee meetings and public hearings Andrew Fisk (DEP) verbally attacks Bob
St. Onge and WWF, making numerous false and damaging statements.
2008 March- DEP files another motion for contempt because we have
not yet applied for a waste water discharge license. We presented science that
proved DEP’s application rates for the WDL license were WILDLY incorrect and
presented application rates provided by NRCS based on actual soil tests performed by the Univ. of Maine. Also, the
WDL required monitoring wells the same as a municipal waste treatment plant and
required us to employ a “certified engineer”. The Judge ordered both parties to
resolve the issues concerning application rates. Mark Randlett (Attny Generals
Office) and Peter Carney (DEP lawyer) met with us after court and told us they
did not want to bring this to court again. They proposed a meeting with NRCS,
Dept of Ag and WWF to resolve the issues. Although
our attorney contacted Carney and Randlett numerous times over the next few
weeks to schedule this meeting, the meeting never took place and the issues
were never resolved.
2008 May- Jay Kilborn from New England Organics (Division of
Casella Waste) approaches us about acquiring WWF.
2008 May- Very contentious meeting with DEP over the WDL
permitting issues. The draft license still treats the farm like a municipal
waste water treatment plant and the spray application rates are still wildly
incorrect.
2008 May- WWF completes the license notification requirements
of the WDL
2008 May- DEP forwards another copy of the draft WDL for
comment. This license includes revised application rates, but added “monitoring
wells DESIGNED by a licensed engineer and INSTALLED by a licensed geologist as
well as requiring us to hire a certified engineer to handle the spraying and
monitor wells.
2008 May- A third division of DEP was brought to WWF. They
spend 4 hours walking the farm and we were told after this visit that there are
no wetlands on our property. Ten days later DEP issues an NOV for discharging
into a wetland. DEP also serves us with an NOV for repairing a driveway to our
home after the Patriots Day storm in April 2007. They claim we “changed the
course of the brook” even though
we have photos showing a great deal of damage where the road and culvert
completely washed away. They also issued another NOV for starting a landfill
without a permit because of the lobster elastics – the exact same violation
cited in 2006 and supposedly resolved in the 2007 consent decree (double
jeopardy). Again, the elastics are biodegradable.
2008 June- WWF obtains permission from the US Bankruptcy court
to complete the engineering and topo survey required in the consent decree
(which DEP & Ag said they would fund but did not) at a cost of $27,000. The
work is completed a few weeks later.
2008 June- During a routine inspection, we advise DEP
inspectors not to enter a pasture containing
a mature breeding bull and forty mother cows and calves. They also report a “breach”
in one of the detention ponds. The compliance officer from Dept of Ag was present
at this inspection and detailed in his
report that they did not enter the pasture for safety reasons and that the
alleged “breach” was a mere trickle of water that ran down the side of the
retention pond to the berm that surrounds it.
2008 July- Based on the above DEP report the Attorney General’s
office writes to us demanding that
we close immediately or be summoned to court for contempt of the consent decree
for denying access and for polluting the waters of the State of Maine.
2008 August- We notify all our food and fish tipping customers
that we are no longer able to accept waste after 9/11/08. We continue taking
manure & offal which is NOT under DEP jurisdiction.
2008 September- Andrew Fisk, Water Bureau Director DEP emails all
state senators and Representatives
with an “update” on WWF which is nothing but lies and misrepresentations
including his assertion that there are no fish in the brook and the brook now
only contains pollution thriving organisms. This is absolutely false as fish are
clearly visible in the tributary. This email also sent to reporter John Richardson at the Portland Press Herald whose
wife works for Andy Fisk. He published a very damaging article about WWF
without bothering to contact us for our side. We respond with a vigorous
rebuttal and photos.
2008 September- Tom Allen, Sue Collins and Olympia Snowe send staff
to visit the farm after several of our tipping customers contact them (many of
them are having a difficult time finding
alternative disposal sites. We take the congressional and senatorial staff down
to the brook and show them the fish swimming in the brook.
2008 September- Mark Randlett AG office and Jerry Reid DEP speak to
our US Bankruptcy Trustee about forcing WWF into receivership.
2008 September 25- attorney
General’s office notifies our attorney that we need to reopen.
2008 September- Conference
call between Mark Randlett AG office and William Kany (our attorney) and Judge
Janelle, Bidd. District Court. After hearing their cases, Janelle orders Randlet
and Kany to “get things worked out” before 10/15/08
2008 September- Randlett (AG office) contacts our attorney and asks
if we will consider selling WWF. Randlett tells our attorney that the state will
seek buyers and work with them; the state will NOT work with St. Onge – only
with a new owner.
2008 September – NRCS (div. of the
USDA) completes a nutrient management plan for WWF at a cost of $10,000. DEP
refuses to accept the plan.
2008 October – Conference call between Judge Janelle, Assist
Attorney General Mark Randlett, and
Wm. Kaney. Randlett confirms that the state has spoken with three buyers.
2008 October – Deputy Commissioner of Agriculture advises us that he
is unable talk directly to the Governor about us; he must go thru Karen Tilberg
or Martha Freeman (liaisons to the Governor).
2008 November – Federal Marine Warden who traps on our property
catches an 8” brook trout in a muskrat headset trap; further proof that there
ARE fish in the brook, contrary to DEP’s claims.
2009 January – -DEP denies Winterwood Farm’s minor revision to
upgrade the site claiming “odor issues” were not addressed. Odor issues were already adequately addressed
in the operations manual which was submitted. Further, WWF has never been cited
for odor violations.
2009 February – DEP takes WWF to court over June 2008 “denial of access” (regarding the bull in the
pasture) And the perceived “discharge” from one of the retention ponds. Mike Clark admits under cross examination
that the discharge was merely a “trickle” and DEP’s water specialist admits
under cross examination that it was only an “assumption” on DEP’s part that any
overtopping of the retention ponds was connected to water quality in the brook
and that they neglected to test the water upstream of WWF. During his
testimony, Mike Clark (DEP) consults his own field notes which contradict his sworn
affidavit that was submitted as evidence. The judge advised that he would
render a decision on March 17, 2009.
2009 March 17 – Judge Janelle did not render a decision. -
2009 April 9 – Winterwood Farm submits a FOIA request to DEP.
2009 April 10 – DEP responds to the FOAA by informing us that the
emails have been “overwritten” –in other words, deleted. -
2009 May – AG submits “corrected evidence” –a new set of water
test data- to our attorney and Judge Janelle.
-2009 June – DEP advises that we must pay
$10,000 to retrieve deleted emails from their system.
2009- July –Our attorney submits a motion to “strike evidence”
concerning the submission of corrected evidence and the conflicting sworn
affidavits and testimonies given by two DEP employees. Our expert witness
submits testimony that it is scientifically impossible for the parameters of
ALL the water tests to be to be incorrect
-2009 August – DEP furnishes emails that have obviously been
“scrubbed” & many emails are missing.
-2009 September – Conference call with AG, Judge Janelle, and our
attorney regarding access to farm issues (DEP is supposed to give 24 hours
notice) AG asks the judge when we can expect
him to render a decision. Judge does not recall the
case. Our attorney asks if they
should resubmit briefs. Janelle says no.
2009 October- DEP submits a follow up brief even though Judge
Janelle said not to
-2009 October – Judge signs the DEP motion that WWF close .
-2009 October – Our attorney files an appeal to a higher court and requests
a copy of the transcript of the February trial from the clerk of records.
-2009 November – Conference call AG, Judge Janelle, Kany regarding
stay of Judges decision during the appeal process. Kany asks Judge about his motion to strike
evidence. Judge denies seeing the motion
or doesn’t remember it. Clerk of Records contacts Kany; they cannot locate the electronic transcript of
the court proceeding that we requested
2010 January 8 – DEP employee contacts Winterwood Farm tipping
customers and advises them they can no longer do business with us (even though
the decision is being appealed).
-2010 January 8 – Judges refuses to issue a stay. The transcript of the hearing is still
missing…-
2010 January 22 – The electronic transcript has been “located”. We forward $900 to have the electronic record
transcribed and are informed that it will not be available until May, and we
cannot substantiate our request for a stay without submitting the transcript as
evidence. Because the transcript is not available, our request for a stay is denied. Upon transcription ,it is discovered
that the third
tape of the electronic transcript is still missing- all of DEP’s testimony is
intact, but the tape recording Bob St.Onge’s testimony, our expert witness
testimony’ and the cross-examination of DEP’s witnesses is still missing.
-2010 January 25 - After a routine inspection
on 12/2/09, DEP employee, Chris Coppi, calls one of our abutting neighbors and
informs him that he has examined the town tax maps and believes that Bob
St.Onge has committed trespass, timber
theft, and caused erosion on his land. He informed our abutter that he would
prepare an affidavit for him to sign, and DEP would go after St.Onge. Our abutter assured the DEP employee that
he and the St.Onges had shared the expense of a survey (apparently the town maps have not been
updated) and that he had been out to the property only a few weeks earlier and no trees had been
cut on his property. He then went on to
inform the DEP employee that he was also (surprise!) our attorney…. Just another example of how DEP is doing
everything they can to damage us.
2010 March 22- The Court
Transcription office advises our attorney that one of the transcriptions tapes
remains missing. It turns out that the
third tape which contains all of Bob St.Onges testimony, our expert witness’
testimony and all the cross-examination of the DEP witnesses is still missing – which happens to be all the
material critical to our appeal.
2010 February 24 –
to 2/25/10 Southern Maine receives 9.46
inches of rain in 24 hours
2010 March
14 – 3/15/10- Southern Maine receives 7.02 inches of rain
in 24 hours
2010 March 17 – DEP & Dept of Ag come for inspection & observe
that the retention ponds are holding. They ask when we intend to spray irrigate
to empty the ponds. Bob tells them we will begin as soon as the equipment is
set up because they are predicting more rain and Ag rules state we can spray
after March 15. Stuart Rose (DEP )informs
Bob that if we spray before April 15, we are in violation; however, if we DON”T spray and the ponds
overtop, we are in violation.
2010 March 23- We receive another 4.52 inches of rain and York County
is declared a disaster area due to widespread flooding and wind damage. DEP’s
Mike Clark and Stuart Rose arrive
to inspect before it even stops raining. Clearly they knew that the ponds would
overtop if we received significant rain. Another NOV.
2010 April 13- DEP arrives for a scheduled inspection accompanied by
a York County Deputy. The deputy follows them around while they take water
samples from the retention ponds and the brook. The deputy later tells Bob that
he has no idea why he was here. A subsequent call to the sheriff’s department
Bob is told that Stuart Rose DEP requested a deputy for “protection” from Bob
St.Onge. For the past two years, Bob has rarely been around during an
inspection and always sends an employee to accompany DEP around the property,
usually with a video camera to record everything for Bob to watch later.
Another DEP scare tactic & waste of taxpayer money.
2010 April 15- The video taken of the 4/13/10 inspection reveals some
very interesting footage of DEP’s Stuart Rose and DEP Water biologist Beth
Conners arguing over water testing procedures. Test equipment is supposed to be
cleaned after each sample is taken, otherwise the next sample is contaminated.
Stuart Rose samples the leachate
at the compost site first, then goes to the brook – without bothering to clean
his equipment or wash his boots. He also does not recalibrate the meter to
adjust for water temperature when
testing for conductivity which is required to get an accurate test. These water
tests were used against us in court.
2010 April 22- WWF attorney files in Maine Superior Court for a
retrial based on the missing transcript, conflicting testimony by DEP employees,
and because the Judge signed conflicting orders on the same motion.
2010 April 27- Bob is served by a York County Detective for contempt
in connection (we assume) with the March
24th inspection. The summons is vague and refers to Title 38 regarding
the Kennebunk River (many miles away). This contempt summons calls for Bob’s
incarceration in York County Jail.
2010 May- AG office withdraws summons and re-executes it. This
time it is contempt for not continuing to receive waste. WWF did close its composting facility to
tipping waste, however, the farm (and we are a farm complete with 65 head of
cattle) has a Nutrient Management Plan required by the Dept of Ag that it must
adhere to’ which requires a certain amount of nutrient be applied to pastures
annually. Also Chapter 410 allows farms to compost an unlimited amount of
manure, fish and food waste to meet nutrient management requirements.
2010 August- The remainder of WWF employees are laid off – 13
employees now out of work.
2010 August 19- Bob appears in court and requests a postponement
until the appeal in Superior Court is heard (the proceeding with the missing
transcript). Judge Broderick denies the
postponement but grants a trial by jury and
schedules it 4 days hence on 8/23/10.
2010 August 23- Bob and Walter Smith, Esq. appear in Superior Court
fully prepared for a trial by jury with evidence and witness. Before the trial
starts, Judge Broderick (the same judge who granted the trial by jury the
previous Friday) orders the attorneys to his chambers. Attorney Smith returns to inform Bob that the
judge has advised him to plead guilty and he will sentence him to only 60 days
with 10 days suspended. Bob says
he will not plead guilty. Smith goes back into chambers and returns to inform
Bob that the judge will not allow him to present any
evidence or call any witnesses, and Bob will not be allowed to take the stand
in his own defense. However, DEP would be allowed to present evidence
and call Mike Clark (DEP ) as a witness against Bob. This order completely
eliminates any form of defense. The judge also said a jury trial was a waste of
the courts time (remember, this is the same judge that granted a jury trial 4 days
earlier). Atty. Smith was concerned that
if Bob insisted on a jury trial, since they now had no defense, the judge might
well double his sentence and send him to jail immediately. So Bob was forced to waive his right to a
jury, plead nolo contendere (no contest) and the “trial” began. Bob was not
able to present any defense whatsoever. Bob was found guilty of contempt. At
the sentencing, The Assist. Attorney General asked for one year incarceration (NOT
the 50 days agreed upon in chambers if Bob agreed to a bench trial and pleaded
no contest) and one year of administrative probation plus large fines. The
judge sentenced Bob to six months in jail with all but 50 days suspended, one
year’s probation, and no fines, with the sentence suspended until after the Supreme
Court appeal. If WWF receives any “prohibited material” Bob goe to jail for six
months. It should be noted that Bob was charged with a CIVIL
misdemeanor, but was given a CRIMINAL sentence.
2011 February- Bob has to hire yet another attorney to represent him.
He files for a postponement and to
submit our former attorney’s supplement to the record which includes
discussions that took place court and in Judge Broderick’s chambers that
weren’t recorded. Leanne Robbins (Asst.AG) fails to respond before the deadline
and the court grants our motion. A few weeks later she writes a letter to the
law court objecting to them granting our motion.
2011 March- Judge
Broderick refuses to allow our attorney to supplement to the record detailing
discussion s that took place in his chambers and portions of the hearing not
recorded, stating he is “hazy” about details of the conversations.
2011 March- Maine Supreme Court rules on appeal from lower court
ordering us to stop accepting organic waste. The Supreme Court denies our
appeal in one paragraph which addresses only the fact that DEP submitted
“corrected” water tests AFTER the trial was over, stating that it didn’t
“influence the judge’s decision”. DEP’s entire case was based on this evidence.
The Supreme Court makes absolutely no comment on the fact that DEP’s expert
witness stated that he could not conclusively connect the water tests to
Winterwood Farm (because DEP failed to test the water upstream of our farm) or
to address Mike Clark’s perjury, when his oral testimony completely
contradicted his sworn written affidavit (these 2 points were contained in the
portion of transcript available to us). The Supreme Court also failed to
address the fact that they would not allow oral arguments or witnesses which
were necessary to our appeal because the Maine Court System LOST a major
portion of the official court transcript of our trial which we needed as
additional evidence.