Ted Beaudoin and S.D. Ireland will be asked to stop using their 262 Middle Rd. categorical disposal facility until they resolve noncompliance with Act 250, a notice from the District 4 Environmental Commission says.

Ted Beaudoin stands near the edge of the fill site at 262 Middle Rd. (Photo: Madeline Clark/Milton Independent)

The concrete giant and registered parties have 10 days from the commission’s Aug. 30 “pending issuance of stay” to file a rebuttal.

The commission said it found “clear and convincing evidence” the applicants were violating state land use and development permit laws by operating the facility without an Act 250 permit. The commission also made note of the site’s lacking town and state stormwater permits as well as its possible archeological significance.

At the Aug. 15 meeting, Scott Dillon, a survey archaeologist for the Agency of Commerce and Community Development, said given discoveries of artifacts in the surrounding area, it’s possible Native Americans once used the land where Beaudoin now lives, farms and fills in the land. He suggested a survey of the area be conducted to search for pertinent artifacts.

S.D. Ireland will abide by the stay, according to Patrick O’Brien, the company’s general manager of construction and development.

“Immediately after reading the issuance … I called our dispatch center and told them not to send any trucks there until they heard differently from me,” he said. “Then [I] called the operator and told him to stop what he was doing and not to return to the site until further notice.”

According to O’Brien, the company and Beaudoin plan to work on obtaining a permit by sending additional materials to commission, which has requested 14 pieces of supplemental application information.

Among the commission’s requests are that the applicant agrees to operation hours of 7 a.m. to 5 p.m. Monday through Friday, obtains a wastewater and potable water supply permit, comes to a resolution with the town of Milton on truck volume and disposal of concrete and gets a town zoning permit. This creates a dilemma due to the Milton Development Review Board’s requirement that the company possess an Act 250 permit before it can receive the zoning permit the site was approved for in July.

The town of Milton did not have the power to stop work at the Middle Road fill site, according to Victor Sinadinoski, director of planning and economic development.

“We haven’t stopped them from operating because it’s not within our power based on what we feel is agricultural exemption,” he said. “We find it hard to find a way to give them any kind of violation for operating.”

The Milton Planning Commission met Wednesday to discuss any materials it would like to submit to Act 250 in response to the issuance of stay.

The stay won’t void Ireland’s recent appeal of the DRB’s July 27 approval of the fill site permit, Sinadinoski said, adding it may factor into what the judge orders and the town negotiates with the company.

DRB decisions are valid for two years from the date of issuance with the possibility of a one-year extension. So long as the Act 250 permit is procured within that period the company may obtain its zoning permit, Sinadinoski said. Should the two permits have conflicting regulations, S.D. Ireland must follow the more restrictive rules.

“It doesn’t much bother me,” property owner Ted Beaudoin said of the stay. He added he and Ireland will continue to follow the Act 250 process.

The commission will resume its Act 250 hearing once registered parties and the applicants have submitted requested materials.