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Home My WebLink AboutLegal Notice - 285 HOLT ROAD 1/3/2017 ® Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Northeast Regional Office•205B Lowell Street, Wilmington MA of 887®978-694-3200 Charles D.Baker Matthew A. Beaton Governor Secretary Karyn E.Polito " _ y " "� Martin Suuberg Lieutenant Governor Commissioner t z a„F s JAh - 3 /20i? Pat Norton RE: NORTH ANDOVER–Solid Waste Management Miller Complete Disposal Service Wheelabrator North Andover, Inc. 201 North Main Street 285 Holt Road Middleton, MA 01949 FMF#: 132771 Destruction of Expired Food Product Waste Ban Waiver-310 CMR 19.017(5) Dear Mr. Norton: The Massachusetts Department of Environmental Protection ("MassDEP") has reviewed two emails you submitted on December 29 and 30, 2016 on behalf of Americold of Gloucester, Massachusetts requesting a waiver from the Massachusetts Waste Ban requirements in order to dispose of packaged food product at Wheelabrator North Andover, Inc., a municipal waste combustor located in North Andover, Massachusetts ("MA"). According to your request,Americold has identified approximately 32 pallets of food product that requires disposal consisting of"deep frozen raw salmon fillets for finish processing" weighing approximately 15.6 tons. Your request states that the subject materials have exceeded the use-by date and need to be disposed. Pursuant to 310 CMR 19.017(5), MassDEP approves the incineration of the subject materials at the Wheelabrator North Andover, Inc.facility. This approval applies only to the materials specified herein, in so far as alternative destruction is required. This approval expires on February 28, 2017. Please note that alternative methods exist for the destruction of materials which do not violate the Massachusetts Waste Bans. Together with the Center for EcoTechnology, MassDEP has established a program to provide assistance to businesses and institutions. The Recycling Works in Massachusetts program is available to answer your questions about recycling, composting, and waste reduction, such as how to manage specific materials, how to find a service provider, and,how to start a new recycling program or improve an existing one. MassDEP encourages you to contact Recycling Works in Massachusetts to discuss your specific needs by telephone at(888) 254-5525 or by e-mail to: info@RecyclingWorksMA.com. This information is available in alternate format.Call the MassDEP Diversity Office at 617-556-1139.TTY#MassRelay Service 1-800-439-2370 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 2 of 3 Americo ld/Gloucester Waste Ban Waiver This decision is issued by the MassDEP under the authority of M.G.L., Chapter 111,Section 150A and 310 CMR 19.000, the Massachusetts Solid Waste Regulations. NOTICE OF RIGHT OF APPEAL Miller Complete Disposal Service ("MCDS") is hereby notified that it may within twenty-one (21)days file a request that this decision be deemed a provisional decision under 310 CMR 19.033(4)(b), by submitting a written statement of the basis on which MCDS believes it is aggrieved,together with any supporting materials. Upon timely filing of such a request,the decision shall be deemed a provisional decision with an effective date twenty-one (21) days after the Department's receipt of the request. Such a request shall reopen the administrative record, and the Department may rescind, supplement, modify, or reaffirm its decision. Failure by MCDS to exercise the right provided in this section shall constitute a waiver of MCDS's right to appeal. Right to Appeal. Any person aggrieved by the issuance of this decision, except as provided for under 310 CMR 19.033(4)(b), may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. c. 111, s. 150A, and M.G.L. c. 30A, not later than thirty (30) days following the issuance of the final decision.The standing of a person to file an appeal and the procedures for filing such appeal shall be governed by the provisions of M.G.L. c. 30A. Unless the person requesting an appeal requests and is granted a stay of the terms and conditions of the decision by a court of competent jurisdiction,the decision shall be effective in accordance with 310 CMR 19.033(3). Notice of Action. Any aggrieved person intending to appeal this decision to the Superior Court shall first provide notice to the Department of their intention to commence such action. Said notice of intention shall include the Department file number and shall identify with particularity the issues and reasons why it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which processed the application at least five days prior to the filing of an appeal. The appropriate addresses to which to send such notices are: General Counsel Department of Environmental Protection One Winter Street-3rd Floor Boston, MA 02108 Eric Worrall Regional Director Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in 310 CMR 19.000, provided that a matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the environmental impact of the permitted activity. Waste Ban Waiver Miller Complete Disposal Service_2017-01-03(2).docx 1/03/2017 NORTH ANDOVER-Wheelabrator North Andover, Inc. Page 3 of 3 Americold/Gloucester Waste Ban Waiver MassDEP appreciates your efforts to comply with its regulations. If you have any questions regarding this issue, please contact Roger Moeller at(978) 694-3306 or write to the letterhead address. Sincerely, Mark Fairbrother, Section Chief Solid Waste Management MGF/RKM/rkm Enclosures: Recycling Works in Massachusetts Fact Sheet: Your Business and the Waste Bans cc: Susan Ruch, Deputy Regional Director, MassDEP-NERO/BAW Email:susan.ruch@state.ma.us Wheelabrator North Andover, Inc. 285 Holt Road North Andover, MA 01845 North Andover Board of Health 1600 Osgood Street Building 20, Unit 2035 North Andover, MA 01845 Donald Turcotte Americold 69 Rogers Street Gloucester, MA 01930 ecc: Kevin Beauregard,Wheelabrator North Andover, Inc. Email: kbeaureg@wtienergV.com Matt Hughes,Wheelabrator Technologies, Inc. Email: mhughes@wtienergV.com John Fischer, MassDEP-Boston/BWP Tom Adamczyk, MassDEP-Boston/BWP Waste Ban Waiver Miller Complete Disposal Service_2017-01-03(2).docx 1/03/2017