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Home My WebLink AboutMiscellaneous - 285 HOLT ROAD 3/22/2018 m Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Northeast Regional Office®205B Lowell Street, Wilmington MA 01887 ®978.094-3200 Charles D.Baker RECEIVED Matthew A.Beaton Governor Secretary Katyn E.Pon � ( 1�ta Martin Suuberg i Lieutenant GovernorCommissioner O i l OF t10R H000VER f�i'�; uLT6.�rbEl��hl' �FEER"'t March 2, 2018 Andre Gonzalez RE: NORTH ANDOVER—Solid Waste Management Tewksbury Police Department Wheelabrator North Andover, Inc. 918 Main Street 285 Holt Road Tewksbury, MA 01876 FMF#: 132771 Destruction of Sensitive Documents and Materials Waste Ban Waiver--310 CMR 19.017(5) Dear Detective Gonzalez: The Massachusetts Department of Environmental Protection (MassDEP or the Department) has reviewed the email you submitted on March 2, 2018, on behalf of the Tewksbury Police Department (TPD), requesting a waiver from the Massachusetts Waste Ban requirements in order to dispose of sensitive documents and materials at Wheelabrator North Andover, Inc., a municipal waste combustor located in North Andover, Massachusetts. According to your request,TPD has identified approximately 14 boxes of sensitive materials that include witness information,videos of interviews, and audio tapes of interrogations that require disposal. You further explained that the sensitive materials are for police cases that are no longer pending and require destruction. Also, per your phone conversation with Roger Moeller of this office on February 27, 2018, you explained the recyclable paper and non-recyclable materials are comingled and cannot efficiently be separated. As a result,your e-mail requests relief from the Massachusetts Waste Ban requirements of section 310 CMR 19.017 of the Solid Waste Regulations in order to provide for the disposal of these sensitive materials. 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 June 30, 2018. 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 This information Is available in alternate format.Contact Michelle Waters-Ekanem,Director of DiversitylCivil Rights at 617-292-5751. TTY#MassRelay Service 1.800-439-2374 MassDEP website:wwvw.mass,gov/dep Printed on Recycled Paper NORTH ANDOVER--Wheelabrator North Andover, Inc. Page 2 of 3 Tewksbury Police Department Waste Ban Waiver 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. p 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 The Tewksbury Police Department (TPD) 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 the TPD 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 the TPD to exercise the right provided in this section shall constitute a waiver of TPD'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 forjudicial 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 and Eric Worrall Regional Director Department of Environmental Protection 2058 Lowell Street Wilmington, MA 01887 Waste Ban Waiver Tewksbury Police Dept 20180302.docx 3/2/2018 NORTH ANDOVER--Wheelabrator North Andover, Inc. Page 3 of 3 Tewksbury Police Department Waste Ban Waiver 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. I 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 Enclosures: Recycling Works in Massachusetts Fact Sheet: Your Business and the Waste Bans cc: Susan Ruch, Deputy Regional Director, MassDEP-HERO/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 ecc: Kevin Beauregard,Wheelabrator North Andover, Inc. Email: kbeaureg@wtienergy.com wtienergy.com Matt Hughes, Wheelabrator Technologies, Inc. Email: mhughes@wtienergy.com John Fischer, MassDEP-Boston/BAW i j Waste Ban Waiver Tewksbury Police Dept 20180302.docx 3/2/2018 a