HomeMy WebLinkAbout2019-04-25 Board of Health Minutes North Andover Board of Health
Meeting inures.
Thursday April
0
120 MainStreet,2ndFloor Selectmen's Meeting Room
North Andover,
resent.- :drank MacMillan Jr.,Joseph McCarthy,Michelle Davis,I apl n ee Alva-LaFl ur,Patrick Scanlon,
Brian La r sse, Toni K.Wolfenden,Stephen Casey Jr.
I. CALL TO ORDER
The meeting was called to order at 7: 2 pm.
lI. PLEDGE OF ALLEGIANCE
III. PUBLIC HEARINGS
IV. APPROVAL INUTE
Meeting minutes from March 28,2019 were presented for signature.
MOTION was made by Joseph McCarthy to approve the minutes,the motion was seconded by Michelle
Davis, all were in favor and the minutes were approved. 5- - ')
V. OLD BUSINESS
v . NEW BUSINESS
V11. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Jeff Thompson has come before the board to discuss the east end temporary structure for the
processing of recycled woad. Currently, one of the facilities that takes the T I wood is having
equipment repaired,which has forced T: I to stockpile the material inside the building. T I is looking
to add a structure next to,the building that would be for processing wood only. Brian LaGrasse has
spoken with Marl F'airbrother from I EP,read annual renewal information packet with minor
modifications and drafted q ,uestions and a basic synopsis for the board(See Appendix . . The board.
will discuss the site assignment and the proposal from T I. The board needs to decide whether a
public hearing is needed to issue a minor modification of the site assignment or if it fits in with the
existing site assignment and then can move forward with getting,various approvals and permits.
Joseph McCarthy r has requested a tour of T I... Frank MacMillan has concerns about fire safety. Brian.
has concerns about the structure being temporary vs permanent,the square footage of the operation.
that has been approved and would it put TBl over the initial 3 ,000 square footage allowed. Legal
counsel,building department, and:dire department will be asked to weigh in to gather more information
to assist with the board's discussion making.
B. Donald Beauregard,the Town of North Andover Tobacco Control Agent,has come to present the
annual report. Vapirig trends continue to be a concern with young adult,teens and tweens,which
2019 North Andover Board of Health Meeting gage t of
Board of Health Members:D�r.Francis P.MacMillan,Jr.,MLA,Chairman/Town Physician-Joseph McCarthy Member/Clerk,
Michelle Davis',i,,RN,Member;L aphnee Alva-L..al lour,Member;Patrick Scanlon,LSO,Member Health Department Staff:
Bran LaGra s ,Health Director;Stephen.Caseyjr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K.
Wolfenden,Health Department assistant
continues to be an issue with,the community, and schools.vapor where first introduced as a smoking
cessation aid. Quickly,brands introduced various flavors that appealed more to younger people which
surged sales. The Board of Health has regulated flavored tobacco and vapes to only mint and menthol.
The Board of Health has also restricted the age to purchase tobacco products to 21yrs. Ron,brought
samples,of the vaping products to help the board understand and visualize the vaping products. Heavy
metals, lead,tin,fon-naldehyde,nicotine and a bacteria which is linked to asthma have been found in
vapes. Strategies to stop people from vaping consist of informational campaigns,further regulations
through p ermit caps,regulating wit h a cap within a cap,and regulating mint,menthol and wintergreen
to adult stores only. Currently,the most popular vape flavor is mint,which recently over took mango.
See Appendix B. Other communities,are looking into restricting vapes to adult only tobacco stores,
which pulls the product out of all,convenience stores. The Commissioner of Department,of Public
Health and the Commissioner of the Department of Elementary,and Secondary Education, sent a tool
I it with suggested curriculum infonnation to Massachusetts school administrators. Each kit is tailored
to the students and,the parents giving facts on the vapes,and how to discuss it with kids. The North
Andover School Department has received a grant on life choices,which covers various types of
substance abuse. The Board of Health,will be further researching the regulation of vapes through-
Permit Caps,
Cap within a Cap
Omitting menthol,mint and wintergreen flavors
Restricting Vapes to adult only tobacco stores
Restricting Vapes,in public parks/playing fields
C. Brian.LaGras,se presents,to the Board the department reports. Please see Appendix C.
V111. CORRESPONDENCE/NEWSLETTERS
ix. ADJOURNMENT
MOTION made by Joseph McCarthy to adjourn the meeting. Daphnee Alva-LaFleur seconded the motion
and all were in favor. The meeting adj ourned at 8-3 1 pm.
Prepared by
Toni K Wo1fenden, Health Dept. Assistant
Reviewed b :
All Board ofHealth Members&Brian LaGrasse, Health Director
Sjgn,ed hy..
07
V'e� /0 0010
00010".' '0
co
Josqf�k McCarthy, Clerk� Ihe Board Date Signed
North Andover Board of Health
a
Meeting Agenda
Thurs&y,April 25, 2019
T-000 P.ni.
120 Main Street, 2 nd Floor Selectmen's,Meeting Room
North Andover, MA 01845
1. CALL TO ORDER
11. PLEDGE OF ALLEGIANCE
Ill. APPROVAL OF MINUTES—March 28,2019
V. PUBLIC HEARINGS
V. OLD BUSINESS
A. Department Reports
V . NEW BUSINESS
V11. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
A. Ronald Beauregard—Healthy Comm unit lies Tobacco Control Prolgram
B. Jeff Thompson—TBI project
V111. CORRESPONDENCE/NEWSLETTERS
ix. ADJOURNMENT
2019 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 1
Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are
i
not listed on the agenda.
Board of Health Members: Dr. Frank MacMillan,Jr.,Chairman/Town Physician;Joseph McCarthy, Member/Clerk;
Michelle Davis, RN, Member Daphnee Alva-LaFleur, Member; Patrick Scanlon, D.O.,, Member Health Department
11
Staff: Brian LaG,rasse, Health Director;Stephen Casey Jr.,, Health! Inspector; Caroline lbbitson, Public Health Nurse;
Toni K.Wolfenden, Health Department Assistant
n
Oe
V25/19 T of Site Ass ignment Proposed Mo
I roc
e are here to discuss the site assignment ent and the proposal from T I. The Board
needs to discuss and decide whether or not a public hearing is needed to issue a minor
modification of the site assignment. This will be deter *ned if you third the proposal
fits ire with the existing site assignment and can move forward with getting various
other approvals and building permits or if it does not.
II. Overvl'ew-Thompson Brothers Industries (TBI)
T I was issued a site assignment by the Board of Health in 2006 to aerate a.
construction and demolition C I recycling facility. C D is separated into its various
materials and waste and carted offsite. C&D trucks arrive onsi.te, are weighed and
seat to the tipping floor and dump their C& debris. The C D i separated into the
various recyc�lable materials through various phases and p:r cases. It's separated into
different categories such as un amt ct woad, pa. teal woad, cardboard, paper, plastics,
metals and brick/concrete. Most products are recycled and the unpainted wood i
made into a rood chip material that is shipped off and processed into wood pellets.
Waste is also separated and shipped off site.
III. Proposal I eratio ciii i icatior
T I wants to propose a 2 phase modification.
Phase 1 would e a inside odification only and they want to install a residual
waste haler for storage and transport wastes being shipped offsite.
Phase ould be to construct 2 temporary structures onsite. They errant to propose
an 8 'x73' flee span structure adjacent to the structure for storage of processed, clears
wood clips for loading anct snipping. The other structure would be a 001"x5 ' steel
master building system over the existing residential drop off area.. This structure would
also be for storage of baled residual waste.
IV. Exi*sifiing Site Assignment Conditions,
When the site assignment was issued, several conditions were included in the
decision. I have listed a.few of those conditions .ere that are relevant to his, proposed
project for disc ussion These conditions may raise some questions, ith the proposed
additions and operations.
All waste handlm* g operations must�e conducted inside a 30,000 square foot,
fully enclosed building.
• Provide a residential drop off recycling center for North Andover residents that
has a separate entrance from the C&D area.
• Ensure trucks could navigate driveway and allow 10 trucks to que ons,ite (5 in
front of scale house, 5 overflow).
• Turning rami tor WB-55 vehicles.,
• Tonnage is limited to 500/day
V. Questions Regarding Site Assignment and Proposal
1. Since,the operation is limi ted' to inside operations only and within a funy
pain 010
enclosed buhaing only, do the new buildings violate this condition?" Both
buildings are open and not fully enclosed.
2. Are the structures considered temporary or permanent.? The building
commissioner says that temporary structures may not be there more than 60
days? They may also may have to be located a.set number of feet away from
permanent structures.
3. Do the new structures, when combined with the existing building exceed 30,000
square feet?
4. Are "'clean" wood chips considered waste
5. Clean wood chips may or may not be considered waste but since it is part of the
operation does it also need to be inside.?
6. Does baled C&D residual waste also need to be stored inside.?
7. Should the resident drop off area be separate from the C&D residual waste
storage area.?
8. What is the current tonnage per day.?
Discussion on if the board feels it should be required to have a public hearing.
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Brian rsse
.
Health irec r
120 Main Street
Norther
Brian,
Within the facility the current operation has sorted C&D clean wood being put through the electrically
powered CBI 3648 Grizzly ill that mills the wood to a bark mulch like size product.The milled wood
gees via conveyer belts to a storage bunker within the east end of the fa,cility and awaits shipping off-
site.
The proposal would be to locate a 5'x 73' Clear Span fabric structure atop double stacked intermodal
containers to increase the area for recycled wood and to separate the recycled rued from non-recycled
material awaiting disposal off site.The fabric and steel truss structure would be similar to the sand/'salt
shelter the Town built behind the. DPW yard last year.We would locate the Clear Span structure with
the open end facing East and the back end against the existing facility. We would extend the conveyor,
system from the internal bunter to the Clear span steel and fabric structure for temporary storage until
the milled wood is shipped to the receiving facility.
310 C I DEPARTMENT TI" ENT F ENVIRONMENTAL PROTECTION 9.2+ :
19. 6: Construction and Demolition C& rite Processing Facilities, Requirements All handling
unloading, storage,crushing, shredding, chipping,sorting, etc.)of C&D waste shall occur indoors unless
otherwise a roved by the Department 2 All processed C&D wasteand recovered or recyclable
materials shall be stored in,a manner appropriate for that material to protect the public health, safety
and the environment. In general all processed C D wastes i.e. C&D fires),, but not necessarily recovered
or recyclable materials, shall be stored in covered containers or in,covered' piles on impervious surfaces.
Other than the typo of"fires" instead of fines in the second to last line In compliance with .9.2 6 we
currently unload C&D waste,in the building, process the C D, (and through sorting remove clean
unpainted or treated wood), mill the wood to size, in the facility,via the 3648 CBI Grizzly Mill,and now
Irish to store the milled clean snood under a grater proof fabric and steel structure at the East end of the
building.
The North Andover site assignment condition 59 states that"T I shall not conduct any waste processing
oper-ations outside the building. Nor may T I store or stockpile outside any castes."The milled wood
will continue to be processed, DE P definition below, in-side the existing facility.,The clean C&D wood!
that has,been processed into a recyclable product, and no longer a waste,will be stored under a Clear
Span s,teel/fabric structure awaiting delivery for reuse.
310 CIVIR 19.,00:0:SOLID WASTE M ANAGEMENT
19�.006: Definitions
Processing means the use of any method,technique or process,to:alter the physical characteristics of a
material or solid'waste through any means, including,without limitation,, separating, baling, shredding,
crushing or reworking. Storage alone does not constitute processing.
Recyclable or Recyclable Material means a material that has,the potential to be recycled:and which is
pre-sorted. Recyclable material'includes biodegradable paper, but does not include: (a)organic
materials that will be composted'or converted.; or(b) construction and demol'ition waste unless,it has
been separated, and kept separate, into at least the following categories: asphalt, brick and concrete;
wood; metals; plaster and wallboard; roofing materials; and carpet.
Recce means to recover materials,or by-products which will be-, (a) Reused; or(b) Used as an
ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; or(c)
Used in a particular fun,ction or application as an effective substitute for a commercial product or.
commodity.
Jeff Thomson
PresiWent
Thomson Brothers Industrlies,Inc.
JTHO,MSON@TBI-Recycling.com
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Attorney'r Kevin R' Fole,�7 P.C.I.
246 HIGH STREET NEWBURY rT, MASS CHUSETTS 01.950
BY HAND DELIVERY
Board of Heat
Tower of North.Andover
�120 Main Street
Attu,, Dr. Francis P., MacMillan, Chairman
REM Proposed Modification Thomson Brothers Jhdustr , Inc. 's,.
Construction and Demon Processing Facility at 210 Holt Road
Dear Chairman MacMillan and Members of the Board of Health:
I represent Thomson Brothers thers industries, Inc. ("TBF')�which operates a solid
ate handling, and recycling facility at 210 Holt Road,North Andover the facility").'
The North Andover Board of Heath ("the Boards issued a site assignment dec"s o .for
the facility on June 22, 2006 ("site assignment"). As counsel for TBI, I am familiar with
the site assignment as, well as the state regulations 3 10 Code Mass. Reg. §§ 16.00 (2018)
governing the operation of the facility. 1 reviewed the Authorization to Operate renewal.
of the Large Handling Facility recently submitted to M ss EP Northeast Region, which
includes the proposed modification that T I now seeks from the B ;ard, and the
Operation Modification Plan and Exterior Plan, dated December 18, 2,018, prepared.by
Greer Sea] Environniental, Inc., and submitted to MassDEP on behalf of TB1,
The proposed modification would add,two temporary structures with one at each.
end of'the facility. The temporary structures will not be used to process any materials
and no unprocessed cessed nstruction and demolition materialswill be stored 'in the temporary
,structures The temporary structure at the east "end of the f` ci ity will be used to stare
clean, unpainted wood that has not been mixed with other,construction debris .e. pallets,
wooden boxes, and crates) before 'it is recycled along witri processed wood awaiting
shipment off-site for reuse. The proposed structure located on the west end of the facility
ill be used to temporarily store balled post processed no recyclable materials ready for
transport offsite and it will also afford protection fro i weather and the elements ents to
residents dropping eft`materials at the facility,,
' I un also a current resident of Noith Andoverand former Member of the Begird of Selectmen, Strategic
North, Andover Board of Health
January 24, 2019
1 h"ave also reviewed various records of the Town of North Andover, which,arz
recorded with the Essex North District Registry of Deeds regarding the permitted
operations and activities of TBL at 2 10 Holt Road in North Andover, as well as a
determination froni, the North Andover Inspector of'Buildings confirming the permitted
uses in this area, As to various questions, of fact, material to such opinion, I have, when
relevant facts were not 'Independently established, relied upon information furnished to
nie by Jeff Thorns on, President of TBI and based upon his communications with
MassDEP.
Based upon my familiarity with the requirements of the site assignment, the legal
affairs, of TBI, and my observations and,Imo ledge off'the facility from numerous visits
to the site over the past I I years, I am of the opinion that the proposed modification
would not present any danger to the health, safety, or,wellness of the residents of North
Andover.
Please contact me with any questions or concerns,
Very truly y6urrs,
evin P. Foley
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COMMONWEALTH OF MASSACHUSETTS
NORTH A DOVES.BOARD OF HEALTH
In the Matter f:
r1" S N BROTHERS a�l
INDUSTRIES,,INC.JBI)
APPLICANT
SITE ASSIGNMENT DECISION
The North Andover Board of Health the "Board") Hereby issues a site assignment for a
solid waste handlingfacility pry' se y ThomsonBrothers nciustr es Inc. JBI � cate
on 5.8 acres of land at 210 Holt Road (''the "Site"). This site assignment's subject to the
conditions set forth herein,1. THE PROPOSED FACILITY AND SITE
The proposed facility is a recycling cuter and transfer station for construction and
demolition debris (C ) and commercial solid waste itI n a capacity limit of 500 tons per day.
All waste handling operations will be conducted inside a 30,000 square foot, fully enclosed
building. The facility will.receive waste on a tipping floor., Non-recyclable materials will be
loaded into a trailer, while loads with, a high percentage of cardboard will be segregated for
separate management. C&D waste will be moved to the recycling area.
There will be two levels of recycling operations at the facility. One operation addresses
incoming loads wit fraction of recyclable aterial these oads i be segregated,fdr
management without passing t ,*ou h the mechanical recycling area. d ie second operation is a
mechanical recycling operation.. That operation consists of sending the waste through a slow-
speed shredder to reduce the size of the incoming material and make it amenable for recycling.
Shredded waste will then be run through a mechanical screen to remove one materials. The
material will, continue by conveyor to a magnet to remove metals. Materials passing through the.
magn will be conveyed,to a picking statio o collect recyclables. Materials that pass through
that picking station will be discharged to a,grinder, which reduces the size of the materials. The
r dues from these opera I es* i i ons are fines and materials that are not recycled, but have been
reduced in size.,
The expected end use of the major compo nents, ofthewastestream is as follows.
Unpainted wood will be fed through the grinder and transported to; wood-fired energy facilities.
Painted wood, but not lead-painted wood, would be ground up into, fine materials that can be
used as landfill cover. Cardboard will be recycled. Metals will. be salvaged for recycling, and re-
use. Brick and concrete will be separated from the waste stream and reused typically to create
aggregate., Plastics will be separated and generally recycled, as will paper.
The operation will also include a residential drop-off area for North Andover residents.
The drop-off area shall include bins, where residents can drop of materials :for recycling.
The proposed facility is to be located on Holt Road in North Andover. The site, consists
of 3 parcels, totaling 5.8 acres of industrially zoned land., The western portion of the site
(approximately 2 acres) serves as a maintenance and office facility for the pro nent's solid
waste transportation business. The remainder of the site has been in use since 198,4 as a
contractor's yard for solid waste,transfer trucks and trailers. The site assignment area,will be the
entire 5.8-ac,r,e site. The boundary of the s,ite-assigred. area is shown as the "Property Line"' on a
Ink
Plea entitled "Proposed Site Plan", 21 0 Holt Road, dated 11/24/04, Figure 2.1 of the site
assignment application.
Abutting property to the east of the proposed, facility is undeveloped,. Other abutting
III A #
properties are Lawrence Municipal Airport(owned by the City of Lawrence), a paper recycling
company (on land owned, by intervenor Positive Start Realty Inc.), and the inactive Town of
North Andover landfill across,Holt Road.
1161 THE PROCEEDINGS
.A. 1MEPA Rev iew
Prior to filing the site assignment application, TBI submitted numerous environmental
impact reports as required by the Massachusetts Environmental Policy Act (MEPA). The
Secretary of the Executive Office of Environmental Affairs (E0EA) issued the Final
Environmental Impact Report (FEIR), certificate on.January 14, 20105, stating that the project had
properly complied with MEPA.
B. DEP,Report On Site Sulitabl*
The DE,P reviewed the site assigninent application,, and determined that the proposal met
each of the facility-specific, suitability criteria and each of the genera i suitability criteria and,that
the facility will promote integrated waste management by inclusion of both a materials,recovery
operation and solid waste transfer operation. In addition, DEP granted a waiver request from. the
front property line setback criteria that, will allow TBI to, improve visual impacts, of the facility
from Holt Road.
C, Hearl'
The hearing process commenced on June 15', 20,05.1 Three ten-citizens" groups, one
abutter, the City of Haverhill Board of Health and the City of Haverhill registered and intervened
1, Plr�ior to the hearing,TBI waived the requirement of'3 10 CMR 16�.20(7)(a)of the DEP's,rules on public hearings,
.for site assignments,that the Board of Health commence a public hearing pursuant to 3 10 CMR 1,6.40 within 3 0
days of receipt of the DEP's Report on Suitability. Thus,to accommodate the parties' and the Board's schedules,
the hearings extended over a eriod of s,ix months.
3
as parties.2 In addition, several indivicluals, who reside in North Andover,, Methuen, Lawrence,
and Bradford registered as participants.
The hearings were conducted on eighteen nights and one half-day. Oral testimony was
received from, a dozen expert witnesses and numerous lay witnesses., Experts submitted pre-filed
direct testimony, and some participants also offered exhibits. Ninety exhibits were admitted, into
evidence.
Ill. FINDINGS REGARDING UNCONTESTED SPECIFIC AND GENERAL
SITE SUITABILITY CRITER11A
A. Faci*ll*!y a d" Site Suitability Criteria 10, Public Water Supplies, 310 CMR 16.40(3)(d)(1) and (2)
The, site is not located within the Zone 1, one 11 or Interim Wellhead Protection Area
(I IAA) of any public groundwater supply.
2. Drinking Water Supplies 310 CMR 16.40(3)(d) (3) and (4)
The site is not located witnin a Zone A,of'a surface drinking,water supply or within one-half
mile of any private drinking water s y.
3. Waste Handling Setbacks 310 CMR 16.401(3)(d)(5)
There are no occupied residential dwellings,,prisons,health care facilities schools,,
pireschoo,ls, licensed day care centers, senior,centers or youth,centers within 500 feet of the Facility.
There are also no p6sons,health care facilities, schools, preschools, day care centers, senior centers,
or youth centers within one-half mile.
2 The Haverhill Board of Health did not appear at,the proceedings,although the City's counsel did participate in,
certain hearings.
4
4. Riverfron't Area,310 CMR 16.40(3)(d)(6)
The proposed Facility,is not Within a River root Area, as defined by 3 10 CMR 10.5 8
pursuant to the Rivers Protection Act,
Be General Sike Suffa,bidi'ty Crifteriia,
1. Agricultural Land 310 CMR, 1,6.40(4)(a)
The proposed site is not an agricultural land nor is 'it within I O�O feet of lands classified,as
such.
I Wildlife 31.0 CMR 16.401(4)(c)
The proposed use of the, site would not,have an adverse impact,on any rare animal
species.
3. Areas of Critical E,nvi*ronmental Concern 310 CMR 16.40(4)(d)
The site is not within any Area of Critical Environmental Concern,and the facility will
not have any adverse effect on such an area.
4. Protection of Open Space 310 CMR 16.40(4)(c)
The site is not within any open space or conservation areas, and the facility will not have
an adverse effect upon such areas.
50 Potential for the, Creaflon of Nuisances 310, CMR 16.40(4)(g)
a. Utter,Vermin, Odors, and Nol*se 3,10 CMR 16.40(4)(g)1(2)-(5)
The facility will not cause nuisance coy toys du o litter, vermin, odors, and noise,
provided the facility abides at,all times with the conditions listed ni, section V.
b. Bird Hazards )(g)1(5)
The proposed facility will not cause a bird hazard to air traffic because, among other
reasons, the face lity will not accept putrescible waste, will handle all waste inside a building with
high-speed doors, and will locate the storm water basis underground.
5
6. Areas, Previously Used For Solid Waste Disposal 310 CMR 16.40(4)(1)
The proposed site has got beer previously used for soli'd waste d1sposal. Across,Holt
Road from the proposed site is the inactive North .over Landfill, owned by the To of
North over. The inactive North Andover Landfill will not have an adverse impact on or pose
a tl�eat to the proposed Facility, nor will the proposed Facility impact the Landfill.
IV., FINDINGS REGARDING CONTESTED SITE SUITABILITY CRITERIA
The siting criteria for which there was a genuine dispute are discussed below.
A. Depth of Groun,dwater
3 10 CMR 16.40 (3,)(d)(7) states that no site shall be suitable if"the, maximum high
groundwater table would be within two feet of the ground surface in areas, where waste handling
is to occur unless it is demonstrated that a two foot separation can be designed to the satisfaction
of the Department."'
There was considerable controversy over Whether TBI demonstrated compliance with this
criteria. In'the site assignment application, TBI suggested that it would easily meet this two, foot
separation because three monitoring wells showed depths to groundwater ranging between 12
and 14 feet. However,, these wells were not located where the waste handling areas would occur,
which detracts, from the weight that can be given to the data from these wells. And an expert
w*t ess for 1 1 1 1 1 1 i n intervenor Pos t-ve Start testified that based on a"I*near 'riterpolat'on,"be would
expect portions of the waste handling area to be less than two feet above maximum high
groundwater.
In response, TBI excavated two test pits and estimated the high groundwater level based
on soil mottling m the test pits. TBI also revised the plan to raise the trailer,pit on the west side.
TBI also submitted a letter,from DEP dated December 21� 2005. In that letter,, DEP stated that
6
design plans, are "sub*ect to alteration during final design as part,of the appli cat ion for,pemlit and
Authorization to Construct. . . . The depth to groundwater can be designed during imal design to
comply with the necessary standard for, separation and thus complies with the standard for
suitability as stipulated at 310 CMR 16.40(3)(d)(7) a two foot separation can be designed to
the satisfaction ofthe Department."].
The D�EP letter could be said to establish that "a two foot separation can be designed to
,the satisfaction of the Department." If the Board were to interpret the regulation uterally, the
standard would be met as evidenced by the DEIS letter.
However, that narrow, interpretation does not square with the statutory scheme as a
whole, which places the ultimate site assignment authority in the hands of the, Board of Health,
which conducts a de novo review and makes its own findings of fact,based on the evidence
before it.
Based,on the evidence before the Board,the Board,finds that it is more likely than not
u. 'I no witness
that a,facility can be designed that meets,the two foot separation req irement Incteec,
testified to the contrary, and the Board 'is not aware of any physical attribute of the site that
would preclude TBI from building at least two feet above the groundwater level.
However, to be certain that the facility in fact will meet this standard, the Board imposes
a condition in Section V that will require TBI to ascertain the maximum high groundwater level,
and submit a revised design demonstrating that the facility meets the two foot separatioyx
requirement,
7
131. iTraffi.c and Access to the, Site
3 10 CMR 16.40(4)(b)provides as follows.-
No Site shall be determined to be suitable or assigned as a,solid waste
management facility where traffic impacts from the facility operation would
constitute a danger to the public,health, safety, or the env ironnient taking into
consideration the followin ion, pedestrian and vehicular
,g factor& traffic co�ngest*
safety, road configuration, and.vehicle emissions.
L "External" Traffic Issues
The oars. finds, that the added traffic into Route 12,5 caused by this mcnity will not
present a danger to motorists or pedestrians on North Andov r roads. A traffic study submitted
by the applicant's traffic engineer, and peer-reviewed by the Boar d'straffic engineer, establishes
that adding TBI related vehicles to existing traffic will not significantly degrade the level of
service at any near y intersections. The traffic study also established that there were sufficient
lines of sight and sufficient gaps in traffic along Route 125 to enable trash haulers,to safely enter
and, exit Holt Road. However, there is a,likely congestion problem at,one intersection, the Holt
Roa,d/Route 125 intersection. In order to mitigate this problem,, TBI has proposed to, install a
traffic light at the Holt ad Route 125 intersection. With this traffic light, that in tersection will
It 0 0 rw
operate safely and efficiently even with signiticant additional traffic growth,. The Board
acknowledges some conflicting testimony about whether a traffic light promotes safety, and
notes that a traffic light can make conditions less safe if motorists go through red lights.
However, the Board must make a decision assuming that traffic laws are generally obeyed.
The Board acImowledges that it previously examined the traffic impact of a prior,version
of this facility, and concluded that a traffic light would mitigate the safety danger posed by the
facility. However, at that time TBI had not agreed to fund and install a traffic light, so the Board
denied theappli cat ion without prejudice on traffic grounds, theret)ly giving TBI the opportunity
to re-apply in the event it obtained Massachusetts Highway Department approval of a traffic light
8
and committed to funding it. In this application, TBI has agreed to and and,install the light, and
has further agreed not to commence operation until the light, 'is installed. Thus, the Board now
has,the assurance it needs,that this Eacility will not be operated without a traffic light in place.
TBI has also proposed a number of other traffic-related mitigation measures on pages 54-
56 of its traffic study, AppendiXF, of the site assignment application. The Board finds that these
m 1"t'gat 1 ion measures are necessary and ap pro pr*ate, and imposes them as cond#t*ons in, sect or V
below.
The Board has, also considered pedestrian safety, and finds that it is not an issue due to
the absence of'pede,s,trian traffic along Holt Road or Route 125 north of the facility. The Board,
addresses the potential impact on pedestrians, using roads south of Holt Road in section 3 below.
2, "Internal"' Traffic
TBI''s initial design flan was crib quedby the Board's consultants as well as,the expert
for intervenor Positive Start., The Board shared these experts concerns that there was the
potential for conflict between North Andover residents using the drop-off center and trash
haulers. The Board was also concerned that there was mad equate room for trucks to navigate the
site driveways and HAlt Road without conflict, and inadequate space for trucks to queue.
In response,JBI submitted a revised plan dated December 7, 2005 that shows a separate
entrance for the residential recycling area and a retaining wall so that recycling roll-off
containers would be outside of the residential traffic area, TBI also adjusted the driveway design
to, ensure that trucks could.navigate the driveways and turn,onto Holt Road without coming into
conflict with vehicles traveling, in the opposite direction, and revised the plan to allow ten trucks
to queue on site. The Board finds that the revised plan will allow for safe, internal traffic.
9
3. Use of Local Roa,ds
The Board finds that the use of local roadsby trash ha tilers is, an existing problem,, and
that, 'it,would constitute a danger to public health,, safety,, and the environment were TBI-re,lated
trash haulers to use local roads. Therefore,, the Board mandates that the proposed haul route for
this Facility will be Holt Road to the Route 125 connector to 1-495. The Board imposes
conditions, in section'V below to ensure compliance with this mandate.
CO Air Quali!j 310 CMR 16.400
3 10 CMR 16.40(4)(f) states as follows:
No site shall be determined to be sultab�le or be assigned as a solid waste management
facility where the anticipated emissions from the facility will not meet required state and
federal air quality standards or criteria and would otherwise constitute a danger to the
public health, safety, or the environment, taking into consideration.*
1. the concentration and dispersion of emissions,
2. the nu mber and proximity of sensitive receptors; and
3. the attainment status of the area.
The Board finds that the facility will comply with state and Weral air quality standards
and will not otherwise constitute a danger to public health, safety or the environment. The Board
found,no reliable evidence to refute the air quality modeling,performed by TBI's air quality
expert Epsilon Associates,, although the Board does not agree with the Epsilon conclusion that
the air quality impact,of this facility is "'insignificant." Epsilon quantified the pollutants of
concern (particulate matter, or PM-10 and,PM-2.5) that,would be generated by the TBI facility,
added these emissions to background concentrations of pollutants, and performed a dispersion
model to determine the concentrations at numerous nearby locations. Even at the point of
maximum impact, the concentrations, from,this facility, when added to ambient concentrations in
the area, were well within National Ambient Air Quality Standards (NAAQS)�. Epsilon.also
performed an analysis, of air tux es emissions (lead, arsenic and chromium which maybe present
1 10
1 1 or
in wood dust, 'in trace quantities). ThIs a ce nalysis showed no exedance of the amb*ent I*m*is f
# It T" 0 1
air toxics established by DER The Board's consultant, CDM, carefully peer-reviewed: tpsnonis
work and affirmed that the modeling results were valid. While an intervenor witness, Dr.
William Porteous, testified that Epsilon's analysis underestimated the Impact, Dr., Porteous'
testimony that the facility would exceed the federal air quality standards rests on assumptions
that are not supportable. Therefore, the facility meets "req,uire,d state and federal air quality
standards or criteria," and does not otherwise constitute a danger. 3 10 CMR 16.40(f)(4). That
being said, the Board shares Dr. Porteous and other intervenors concerns regarding,potential air
quality impacts if the air,quality mitigation components are not in proper operation., The Board
addresses,this conce m in.Condition-i-i.
The Board acknowledges that it came to a different conclusion in 1997 when it deyed
T131 a site assignment due to air quality impact. However, TBI has incorporated into this design
many protective measures that were not proposed for the earlier facility, including automatic
high-speed.doors to help keep particulates within the building, a water misting and roll filter
system to capture particulatle,413, and a ventilation system to capture emissions inside the building
and exhaust them to a stack above the tipping floor,
D, Size of The Site
'10 CMR 16.40(4)(h)requires that the site be of suffic*ent s*ze to operate and m "nta*
1 1 1 ai in
the facility. The and finds that while the site is tight, there is sufficient room for safe traffic
flow and for the buildings, and other proposed structures. The Board relies on the testimony of
its consultants, a panel from CDM and, Christy Crane Lucas of Howard Stem, both of whom
reviewed the revised site plan and determined that it was adequate. In particular, the revised plan
allows room for the queuing of five trucks in front of the inbound scale as well as an additional
five truck overflow on the site. The revised plan also shows enlarged to in radii to
I I
accommodate WB,-55 vehicles,, the largest type of vehicle that would be using the facility. In
addition, the scale house was moved south and west to make more room for queuing of trucks in
front of the scale and provide a greater turning radius from the scale into the western trailer it.
The retaining wall between the existing building and the proposed facility was moved west to
allow for a larger residential drop-off area and to provide a larger area for trucks to queue and
maneuver on site. In rebuttal testimony, Paul Costello, an expert retained by an intervenor,
testified that the revised design did not solve all of the internal traffic problems, but he did not
provide a reason for this conclusion and the Board finds, the testimony of its own experts more
credible on this "issue.,
Es "Negative Preference" ISSUCS
310 CMR 16.40(d)O) and (l) state as follows.-
Ex,i.s,ting, racilities. In evaluating proposed sites for new solid waste management
facilities the Department and the board of health shall give preferential consideration to
sites, located in municipalities in which no existing landfill or solid waste combustion
facilities, are located.. This preference shall be applied only to new facilities which will
not be for the exclusive use of the municipality in which the site is located. The
Department and the board of health shall weigh such preference against the following
considerations when the proposed site is located in a community with an existing disposal
fac i I I ty
1. the extent to which the municipality's or region 's solid waste needs will be met
by the proposed facility-, and
2. the extent to which the proposed facility incorporates recycling, composting
or waste diversion activities.
Regional PlaIrt-lici pation. The Department and the board of health shall give preferential
consideration to sites located in municipalities not already participating in a regional
disposal facility. The Department and the board of health shall weigh such preference
h ing con en the proposed site is located in a,community
against t e fo�llow* psi I, wh
participating in a regional disposal facility:
L the extent to which the proposed, facility meets the municipality's and the region's
solid waste management needs; and
2. the extent to which the proposed facility incorporates recycling, composting, or
12
waste diversion activities.
North Andover already hosts a large solid waste incinerator, ands a municipality that
participates in a regional disposal facility (the so-called NESWC facility, also located on Holt
Road.) The purpose of these regulations is to avoid an undue concentration of solid waste
facilities 'in one community. The Board finds that adding a new solid waste facility in North
Andover -will add to the burden on North Andover. However,, there are a,number of mitigating
factors.
First and foremost, TBI nas,reduced the proposed tonnage from 650 tons per day to 500
tons per day. This approximate 25%, reduction in capacity reduces in a nearly linear fashion the
burden on the community from truck traffic, air emissions, and other aspects of the facility.
Wifle its diffic ult to draw a precise dividing line as to an accepta I we and unacceptable burden,
the Board finds that the burden,of a 500 ton per,day facility is significantly more acceptable than
the burden of a 650 ton per day facility.
Second, the NESWC facility receives municipal solid waste.,, and not the C &D waste
proposed for this facility. The Board finds that neither North Andover nor the Merrimack
Valley region currently have a facil,ity capable of handling the waste streams that TBI proposes
to accept.
Third, TBI has committed to significant recycling or waste diversion. r i ne waste
diversion.goals include:
0 50 p�ercent, or 250 tons per day (tpd), waste diversion in the first two years of operatione,
0 55 percent, or 275 tpd, waste diversion after two years of operation,,
0 60 percent, or 300 tpd, waste diversion after five years of operati,o�n; and
0 75 percent, or 375 tpd, waste diversion after seven years of operation.
13
These goals will help the state meet recycling goals aimed at reducing the need for disposal.
Fourth., TBI will operate a municipal recycling drop-o ff'area for use by citizens of North
Andover and, collect,curbside recycling for more types of waste and,from more residents than the
Town presently collects, free of charge. TBI will also collect curbside recycling weekly(an
increase over,present biweekly collection), including multifamily units,not presently served,, and
also pick up furniture and leaf and yard waste. These benefits will increase the recycling
I *" ' Town es*dents.opportunities ior r i
F. 'Considerafion of Other Sources of Contaml*nation or Polluflon 310 CMR
-3 10 CMR 16.40�(4)(k) requires the Board to examine the facility in light of other sources
of pollution. The EP"s Interim Risk Evaluation Guidance Document for Solid Waste Facility.
Site Assignnient and Permitting, June 8, 2001 establishes the methodology for"consideration of
other sources of pollution or contamination.," TBI performed an evaluation in accordance with
that document, which was peer reviewed by CDM. There was no testimony indicating that TBI
failed to adhere to the DE,P guidance. While the intervenors did present,testimony about
cumulative health risks 'in the Merrimack Valley, they did not show that this facility, i D.
c unctio,n with other active facilities, will cause a violation of any air quality standard of
otherwise cause a public health danger.
V. CONDITIONS
In this, section, the Board imposes conditions on this site assignment. All of these
conditions are material to the Board's approval of this, site assignment. Without these conditions,
the Board would find that one or more of the siting criteria has not been met and would deny a
site ass' ions, are not severable fr,o�m the approval itself, and they are
I igriment. Hence, these conditi 1
intended to be broadly construed to protect the public,health, safety and the environment. In
14
addition, they shall be strictly enforced, and violations of t,he�m shall be 'groundsfor the
imposition of fines, temporary shut downs, or rescission of this site assignment and closure of
the facility.
The site assignment is hereby conditioned on the following.
TYPES AND TONNAGE OF WASTE
I. TBI shall not accept on average more than 500 tons per day of solid waste, and
shall not exceed the 500 ton per day limit by more than 25'% on any given day. The averaging
period shall be semi-annual. The first, averaging period shall commence on the first' cay of
operation. TBI shall on, a semi*-annuai oasis supply records to the Board derno Hatred ng
compliance with,this tonnage limitation.
2. TBI shall accept only construction and, demolition (C&D) and commercial solid
waste, except as otherwise provided 'in the host community agreement. C &D waste means
materials that originate at a constructi,on or dem lition site, and typically *Includes, but is not
necessarily limited to, wood, cardboard, metals, brick, concrete, rebar, carpet and insulation
materials., Commercial solid waste means wastes that originate at commercial enterprises other
than restaurants, and typically incivaes, but is not necessarily limited to, cardboard,Paper,
beverage containers, and small incidental quantities of food waste. Pursuant to the Host
Community Agreement between TBI and the Board of Selectmen, TBI shall also accept
household hazardous waste,, certain universal waste, recyclable materials, furniture, and white
goods brought by North Andover residents or collected T I pursuant to the Host Community
Agreement.
15
TBI shall not,accept the following wastes unless expressly periifitted in condition
2 above.:
Municipal solid waste;
Hazardous wastes, as defined,by federal and state laws-,
Asbestos-containing,materials;
Riological or infectious, wastes,,
Universal wastes such as fluorescent li.ght bu s, or mercury containing
thermostats;
Special wastes, as defiried in. 31 CMR 19.0 0 6
Sewage sludge-
Wastes that are not expressly permitted by this site assignment and that are not
solid waste according to 3 10 CMR 19.,006.
These wastes are hereafter referred to as "unacceptable wastes."
4. TBI shall establish and operate a training prograin to ensure that its employees
know which wastes are unacceptable, and pIre,pare a written protocol designed to minimize the
possibility that unacceptable wastes are accepted. At a minimum, this protocol shall include
procedures for inspecting waste loads, at the scale house and at the tipping floor. A copy of the
train ing program and written protocol, shall be supplied to the Board of Health, and each
employee shall sign a,copy of the training program and protocol cert ifying that he/she has
received the training and understands the protocol.
5. When trucxs,not under TB,I's control and direction approach the scale house, a
trained scale house attendant shall interview the driver to determine the types and origin of the
waste and perform. a spotinspection of the waste in the vehicle. Should unacceptable waste,be
16
spotted, at the scale house,, TBI shall red'ect the entire!load from the driver and send the driver
away.
6. When the wastes dumpe n.the tipping floor, a trained TBI employee shall
inspect the load. Should unacceptable waste be spotted on the tipping floor, TB shall use best
efforts to detain and/or recall the driver bringing the unacceptable waste and return the entire!
load to that, driver and send the driver away. Should TB I be unable to detain or recall the driver,
TBI shall store such unacceptable waste m a separate portion of'the building that shall be
cordoned off'from, her waste. TBI shall not store unacceptable wastes for more than forty-eight
hours after recelpt of'It. Under no circa stances may any unacceptable waste be processed by
TBI.
7. TBI may receive wood waste containing lead paint, but shall not allow wood with
leaded paint to be processed. Instead, wood with lead paint shall be segregated, stored in closed
containers, and managed in accordance with DEP standards. 'fhe traming program and written
protocol referenced in paragraph 4, shall include procedures designed to ensure that wood with
leaded paint is not processed.
WASTE DIVERSION REQUIREMENTS
8. TBI shall comply with the following waste diversion requirements:
50 percent average waste diversion in the first two years of operation,*
55 ercent average waste diversion after two years of operation;
P
60 percent average waste diversion after five years of'operation; and
75 percent average waste,diversion after seven years of operation and for as long as
the facility is operating thereafter.
17
9. The term"waste diverslon"means, diverting the waste from disposal at a landfill
or a s id waste combustion facility. Diverting waste also means using waste processed by TBI
for landfill cover and/or for combustion in facilities that burn processed wood, but not other solid
wastes. Compliance with this waste diversion requirements shall be measured by the weight of
the material., TBI shall maintain records of: a),the arnount of incoming waste by weight ) the
amount of outgoing waste by weight that is being diverted and c)the amount of outgoing waste
that is not being diverted. TBI shall prepare an annual summary of these records, and send that
summary to the Board of Health. TBI shall kee the records pertaining to each sun unary for not
less than one year after that summary is prepared and make the records avaliable!to the Board for
inspection upon request., If TBI is not In compliance with,the waste diversion requirements, it
shall submit to the Board a corrective action plan at the same time as it submits the summary.
GROUNDWATER ELEVATION
10. Prior to applying for a permit from DEP, TBI shall install not less than six test
pits, and six separate monitoring wells to ascertain the maximum high groundwater underneath
the proposed waste handling area. The test pits and monitoring wells shall be located as follows:
one set at each comer of the proposed building, and two sets in the middle of the building. The
test pits and wells shall be installed no later than a month from the date of'this decision,1 and TBI
shall give five days notice to the Board to allow the Board's agent to witness the testing. TBI
shall submit to the Board the data from the,test Its and wells, and a revised design
demonstrating that there is a two foot separati,on between the maximum high groundwater and
the bottom of the waste handling facility. The Board will engage a consultant to review the data
and the revised plan and verify that TBI has met this requirement.
18
LOCAL WASTE COLLECTION AND OTHER,SERVICES
1 L TBI shall provide to the Town, North over Schools, eligible
business, an residents of the Town, on a weel basis and free of charge, curbside recycling
collections of paper, glass, steel (tiii),,aluminum, as cs
11 ,# 1-7 cardboard and other recyclables
piti
currently collected by the Town. TBI shall augment the recycling,program to,include additional
0
recyclable materials normally included 'in other municipal recycling programs in eastern
Massachusetts (excluding yard waste and food waste)provided that there is an active market for
recycling such material.
12. TBI shall provide to the Town and Town residents (excluding all commercial,
business entities ties') anct administrate so called"white good"' (i.e., large appliances) and
chlorofluorocarb n(CFC) 'Item curbside pick up and disposal at a recycling facility at the same
rates currently charged by the Town, to be reasonably adjusted for future changes, in actual costs.
TBI shall accept all post consumer recyclable materials from the Town and schools free of'
charge (excluding construction and demoliti on cie-oris, soil, asphalt, brick and concrete and her
neon-consumer materials). If TBI desires to change the charges for such services, it shall follow
the procedures set forth in the Host Community Agreement, Exhibit 6,2.
13 I shall provide and manage at the Site a drop off center for recyclables, free
of charge to, the Town, eligible businesses and residents of the Town (excluding all commercial,
business and non-residential entities). The dropi-off center shall be open during the hours that the
transfer station is open, and also from 8.-00 A.M. to 2,.-00 P.M. on Saturdays even if the transfer
station is not operating at that time.
14. The drop, off center at the Site shall provide for drop off of recyclables currently
accepted at the DPW facility which includes, but is not limited to, mixed paper, corrugated
cardboard, clear and colored glass, steel (tin), aluminum,plastics, 1-7 and oil filters. TBI shall
19
also accept at,the current rates and on the same terms currently being provided by the f i owii tires,
cathode ray tubes, florescent bulbs and ballasts, oil and latex paint, auto batteries, button
b e es, nickel cadmium batteries hara and soft cover books clothing, mercury thermometers attri
and thermostats and propane tanks to the extent permitted by applicable law, regulation and
permits. The current rates and terms, are set forth in a,document entitled, Town of North,Andover
Recycling and Solid Waste and attached to this Site Assignirtent. The materials collected
curbside and accepted at the drop off center shall be recycled and shall not be processed at the
Facility as solid waste. To the extent allowed by applicable law, regulation or TBI"s permits,
TBI shall make the Site available for Town, scheduled household hazardous waste collection
events, at the Town's expense. TBI shall provide to the Town tonnage and/or quantity reports for
materials collected at the drop off center comparable to the reports currently pre ,are by the
Town.
1,5. TBI will offer a preferred rate of 20% discount off published disposal rates, for
processing and disposal of construction and demolition debris for any pro*ects undertaken by any
agency of'the Town of North Andover, Including schools, public works and other agencies not to
exceed ten (10)tons 'in any one day'.
1,6. TBI will provide a place for To residents (excluding all commercial and
business ent•
ities)to drop off construction and demolition debris from their own minor home
remodeling and repair jobs at a preferred, rate of 201%, discount off published disposal rates with
no minimum charge to the Town residents.
17. TBI shall dick up curb side and transport to the To existing composting
facility properly set out residential (excluding commercial) leaf and yard waste, 'Including
Christ as trees,, not less than six times per year free of charge.
20
18. On an ongoing basis, and not less than twice per year, II shall,meet and confer
with the Town solid waste advisory committee and a representative of the Board to receive its
suggestions as to how to best implement these permit conditions and maximize local recycling. T'BI
shall report to the Board on the results of such meetings and on any actions it,takes., consistent with
this site assignment,to maximize local recycling.
AIR QUALITY MITIGATION
19. All waste handling operations shall occur inside the enclosed building.
20. TBI shall use personnel-activated high speed automatic, overhead doors for the
waste delivery bays. The door's shall be kept closed except for when a trash truck is entering, or
e "t'rig. TBI shall a'ntain the doors so that they are operati I xi, I M I ive and repair the doors immed'ately
when needed to ensure their operation.
21. TBI all employ a water misting system in the C,&D tipping and grinding areas,
at all times and at specific points within the automated sorting,process,. Spray nozzles will be
installed over the t,.I*pping floor for complete coverage of the tipping, and sorting area. ray
nozzles,will also be located at the processing equipment and conveyor and loading transfer
points.
22. TBI shall purchase altemative lo sulfur fuel for their waste handling vehicles.
The sulfur content of transportation grade distillate will be lowered to Ultra Low Sulfur Distillate
('UL,SD) levels (Le., 15 pp m sulfur) by 2 7., In the interim, the facility will'use Low Sulfur
Transportation Grade Distillate it (50�O ppm sulfur) for all of its vehicles including the off road
loader and excavator (this compares to off-road distillate oil with a sulfur content of 3000 ppm).
TBI shall also require its, construct-ion contractors to use on-road Low Sulfur Di'esel for their off
road equipment as suggested by DEP in their comment letter of October 25, 200�4�.
21
23. TBI shall use electrically powered motors for all sorting equi pment. All
acclimatized(warmed) vehicles shall be turned off during periods of inactivity.
24,. TBI shall also incorporate a"roll filter" into its final design, and install and
operate the roll filter at all times. The roll filter is described in an August 24, 2005 letter from
CDM (Exhibit 27) and in a December 22, 20,05 letter from Epsilon Associates (Exhibit 76).
Prior to filing for a solid waste facility permit from DEIS, TBI shall submit a draft of its final
design to the Board to ensure compliance with this condition.
25. TBI shall install pavement on all road surfaces within the site.
26. TBI shall perform street sweeping of the facility and Holt Road from the facility to
Route 1.25 on a weekly basi S.
27. TBI shall sample and analyze dust levels at the facility after operations commence,
and provide the sampling results to the Board. If the testing of dust reveals track out that would
violate the NAAQS, TBI shall install and operate a wheel wash system. The automatic wheel wash
shall be installed near the three tipping floor doors and hand held hoses would be used to wash
wheels at the trailer pit and picking station exit doorways. TBI shall submit a sampling protocol to
the Board for review and approval prior to,the commencement of operation. The sampling shall be
conducted when TBI achieves an average weekly tonnage of 2000 tons or within 180 days after
cornmencing operations,whichever is earlier.
28. TBI shall sample ambient levels of particulates in the building to determine whether
any worker respiratory protection is required, and,implement such protection if the results,reveal a
violation of any applicable standard. TBI shall submit the sampling results to the Board. TBI shall
submit a sampling protocol to the Board for review and approval prior to the commencement of
operation. The sampling shall be conducted when TBI achieves an average weekly tonnage of 2000
tons or within 180 days after commencing operations,whichever is earlier.
22
2 . TBI shall employ odor neutralizing agents in the mistmg system. to ensure that
there is no odor migration outside the building.
30. Prior to commencing operation, TBI shall retrofit with diesel, oxI`dati*on catalysts
not less than 18 older diesel trucks (which do not have electronic engine controls) owned by TBI
or any affiliated entities. TBI shall select trucks which are expected to be used for collection in
North Andover and trucks which are expected to enter and exit this facility on a regular basis to
as to maximize the local air qunlit,y benefit. TBI shall select a technology which achieves not
less than the particulate matter reduction that would be expected from the Donaldson,DO,C and
Spir,acle crankcase fifter. TBI shall submit documentation of compliance to the Board.
31. TBI shall use on-rolad low-sulfur diesel (LSD) fuel in off-road construction,
equipment.
32. TBI shall minimize idl.i"ng time of vehicles entering and exiting,the facilfty in
accordance with Massachusetts,regulations.
33. At ties e time as it applies for a DEP permit, TBI shall, prepare, submit to the
Board, and comply with a detailed operation, maintenance., and contingency document for the ai*r
mitigation control systems required by this site assi*gnment. The contingency document shall
include! thefo l lowing:
TBI shall have available a sufficient supply of replacement rolls and spare parts for repair
and maintenance of the air mitigation control systems as required by these conditions.
0,0 i fN
TBI shall notify the Board in writi ng t the misting system, ventilation, system, roll filter
or any tip in floor door is out of service for more than 24 hours. Such notice shall be delivered
I -it b e'to the Board the same day as such event and shall include the reason for the equipmei ing out
of service,, the repairs or maintenance required and the expected timeto put the equipment back
23
In service. In such event, TBI shall promptly place such equipment back into service and, at a
minimum, comply with the following additional conditions:
Doors.- TBI shall keep out of service doors closed until repaired;
Roll Filter: TBI shall increase the flow through the misting system during,periods
when the roll filter is out of service. TBI shall put the roll filter back in service as required by the
DEP permit for the,roll, filter. If TBI does not put the roll filter back in service within such time
fray. e, TBI shall suspend operation of the construction and demolition debris proc essing line
until the roll filter is back in service.
Ventilation System: TBI shall increase the flow through the misting system during
periods when the ventilation system is out of service. TBI shall put the ventilation system back
in service within 3 hours of TBI's notice to the Board. If TBI does not put the ventilation
system back in service within 36 hours, TBI shall suspend operation of the construction and
demolition debris processing line until the ventilation system is back in service.
Misting System: TBI shall use other methods of watering down the waste and
processing line such as hand held hoses when the misting system is out of service. TBI shall put
the misting system back in service within 36 hours of TBI's notice to the Board. If TBI does not
put the misting system back in service within 36 hours, TBI shall suspend operation of the
construction and demolition debris processing line until the misting system is back in service.
34. TBI shall not bum any solid waste on,the Site.
35. Any fixed equipment at the Site will be powered by electric motors, not diesel or
other fossil fuels.
36. Diesel powered equipment (loaders, etc.)that will, be used at the Site will meet the
24
air emission requirements for new diesel equipment that are in place on the day that operations
0
commence regardless of the age of the equipment to be used.
TRAFFIC MITIGATION
37. TBI shall obtain in writing the Massachusetts Highway Department approval of a
traffic light at the intersection of Holt Road and Route 125 before TBI applies for a building
permit. TBI shall not commence operation of the facility until the light is operating. TBI shall
pay up to $,200, towards installation of the traffic light.
38. TBI shall develop a clear route map for all-trucks (inbound and outbound)that
will be distributed to drivers, faxed and emailed. The route map will clearly direct drivers to I-
4951 and the Route 125 Connector access/egress point ("the designated route").
39. All trucks entering and exiting the facility shall follow this designated route
except when performing collection in North Andover, or unless an exception applies pursuant to
Board of Health trash truck regulations.
40. TBI shall insert in all of its contracts with third party waste haulers, a condition
requiring the third party waste hauler to use the designated route. The contract shall specify that
a violation of the designated route, after one warning from TBI or the Town, shall terminate the
contracting party s right to deliver waste to the facility, and TBI shall enforce this provision.
41. TBI shall pay the reasonable costs of installing,maintaining, and operating a
video surveillance system at the intersection of Holt Road and Route 125 to be used by the Town
to monitor left and right turns by trucks exiting Holt Road and enforcing truck route restrictions.
TBI shall consult with the North Andover Police Chief and select a technology reasonably
acceptable to the Chief, and whim will allow the Police Department to view from its own
25
computers the video surveillance recording. The video surveillance system shall be in operation
at all times while the facility is in operation.
42. Prior to commencing operations, TBI shall construct a new roadway sign on the
Holt Road approach to Route 125 reminding truck drivers to take a left turn to reach 1-495.
43. TBI shall work with the Massachusetts Highway Department to develop signal
-
timing changes at Route 495 connector.
44. Prior to commencing operations, r i BI shall install STOP signs, with a STOP bars
marked on the pavement at the two exiting site drive approaches to Holt Road.
45. As part of the construction of the facility, TBI shall define sight line triangles, at
the two exiting site drives and implement appropriate adjustments to grading, landscaping, anu
signing, etc/at the proposed Site Drive intersection with Holt Road to maintain adequate sight
distances at the driveway in compliance with AASHTO standards.
46. Prior to commencing operation, TBI shall confer with the North Andover Police
Department and Department of Public Works to 'Identify and implement actions to enhance
traffic safety along Route 133 in North Andover, which TBI shall fun d up to $5,00�0. Actions
may include signs, marking and minor improvements to enhance visibility and speed
management.
47o As shown on a revised plan dated December 7, 2005 (Hearing Exhibit 75), TBI
shall provide a separate, dedicated entrance for the residential recycling area.
48. As shown on a revised plan dated December 7, 2005 (Hearing Exhibit 75), 'TBI
shall provide space for not less than ten trucks to queue on-site. Queuing shall not be allowed on
Holt Road.
49. As shown on a revised plan dated December 7, 5 (Hearing Exhibit 75), TBI
26
shall design its access ways so that trucks exiting or Holt Road can fora wit hout encroaching
4114f,40
onto the land for opposing trattic. CBI shall also ensure that there is adequate turning radii within
the driveway to avoid vehicle conflict.
50. TBI shall not release transfer trailers from the facility on weekdays between 4 and
6 PM.
NUISANCE MITIGATION
51. TBI shall train and certify employees to operate best management practices
(BMPs), and submit those certifications to the Board.
52. To control, litter, T'BI shall require that all loads brought to the facility be covered.
TBI shall insert 'in its, contracts,with third party waste haulers a condition requiring the third party
I 14
waste hauler to cover 'Its trucks. The contract shall spec,if�that three via I iations of this
requirement shall terminate the contracting partys right to deliver waste to the facility, and TBI
shall enforce this provision.
53. To further control litter,, TBI shall install covers on roll-off containers I install
fences on the, southerly,and portions of the east and west boundaries, and routinely patrol facility
grounds, adjoining properties and Holt Road.
54. To control vermin, TBI shall not accept residential municipal waste or food
waste, except as allowed in condition 2, and shall perform on a quarterly basis inspections to
look for potential. vermin habitats,,, and submit,the results,of those inspections to the Board., TBI
shall also contract with a professional vennin/pest control servi,ce.
55. To control odors, TBI shall not accept residential municipal waste or food waste,
except as allowed in condition 21, and shall deploy odor neutralizing agents in the misting system.
56�. To control noise, the buildings and on-site access ways will be, situated so that the
27
tipping floor doors face in a southerly direction, and stationary recycling equipment in the
building will operate on electric-powered, rather the diesel-powered motors. Exhaust equipment
from mobile on-site sources will be fitted with standard mufflers.
MISCELLANEOUS
57. TBI shall construct an of separator and underground detentionjinfiltration
basin for stormwater collection.
58. TBI shall operate in compliance UL all times with all federal, state and local laws.
TBI shall not cause nuisance conditions at any time.
59. TBI shall not conduct any waste processing operations, outside the building. Nor
may TBI store or stockpile outside any wastes. Recyclables at the residential drop-off center
shall be stored in closed containers when the facility is not in operation.
60. TBI shall comply with all of its obligations set forth in the, Host Community
Agreement. To the extent that there is any conflict between the conditions of this Site
Assignment and the provisions of the Host Community Agreement, the provisions that are more
protective of the public health, safety, or environmental shall prevail.
61. Complete design plans shall be submitted to the Board of Health at the same time
as,they are submitted to the Department of Environmental Protection.
62. Should TBI acquire environmentai I impaim'ient liability insurance, it shall name
the To as a beneficiary.
63. TBI shall comply with financial assurance,mechanisms for closure specified by
DER
28
64. TBI shall allow agents or employees of the Town of North Andover Board of
Selectmen or Board of Health to access, the facility during business hours for the purposes, of
conducting inspections of operations at the facility. Access inc,ludes access to all records,
necessary to evaluate compliance with the envirom-nental, regulatory and permit requirements.
Inspections may inciucte occasional measurements of dust and particulate matter at the property
boundary using acceptea EPA sampling and analytical. methods or approved devices for
I line ambient dust conditions.measuring rea t,'
65. TBI shall pay the actual expenses,Lip to $20,000 per year (adjusted. annually on
the anniversary of'this agreement by the Brockton, Boston,Nashua CP,I-U) for the Town to hire
*fied env* i a quail iron.mental sc'I ent st or engineer to in spect the operations at the Facility, to review
the records of operation and to eva I wate compliance with state and federal laws, and regulations
and with the tenns and conditions of all environmental permits. The scientist or engineer may
take measurements of ambient air at the property line for the purpose of determining compliance
with, allowable ambient levels to particulate matter known as PM I O. The Town will provide TBI
with copies of all results and reports of such inspections and measurements within ten (10) days,
of receipt.
66. TBI shall notify the Board of Health within 24 hours of receipt of any Notice of
Violation or Notice ofNon-C ompl lance fro either the federal Environmental Protection
Agency or the Massachusetts Department of Environmental Protection, or their successors.
67. TBI shall copy the Board of Health on all correspondence with the Massachusetts
Department of Environmental Protection, or its successors I including annual reports on materials
handled,, responses to inquiries for other information, and response to any Notices of Non
-
Compliance or Notice of Violation.
68. The Facility shall comply with the applicable Commonwealth of Massachusetts
29
waste ban,, as amended from time to time.
69. The conditions of this permit are binding on T'BI, and any of its heirs, successors,
assigns,, agents or employees.
70. TBI shall comply with United States Department of Transportation requireme�nts
governing screening of truck drivers and check the driving records and perform random drug
testing, on TBI waste haulers.
Dated:
Member,North Andover Board of Health
Dated.-
Member,North .over Board of Health
Dated.-
Member,North .over Board of Health
30
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simulate the action a�n,d s,enIsation of smoking. frulit and candy flavors that appeal to youth.
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systems, or EN'DS, and more. Some pleopile refer to harmfuIl substances, including.:
vaping devices by their brand name such asjUUL, Nicolti'ne
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E-cigarettes come in manY different sizes, types a serious lung disease
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items.The products,that are designed to resembile small
electronic devices are often, compact and allow for
discreet carrying and use—at home, in school' hallways
and bathrooms, and' even in classrooms.
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Eameigarettes and other
vaping devices can be, 'used
to vape other slulbsilitancels.,
sluch, as brniarij'uana,
,Is being ariolund secionldhand vape safe? Wherie are e-eigariettes solid and how
No., Accordin
,g the Surgeon General,the aerosol from arle youth getting them19
i
e-cigairettes is, not harmless., It ca,n co�ntain harmful and E-,cigar�ettes are sold in many places in,cluding
potentially harmful chemicals, including nicotine- ultrafine
I convenience stores, corner stores, gas station�s',vape
particles that can be inhaled deep into the lungs-fllavoring
I shops, and online. Stores should ask for identification
such diacetyl, a chemica,l linked to a serious lung (ID) of anyoniewho appears to be und'er 27, and refuse
disease;vol'atile organic compounds such as benzene, a sale to anyone who does not present ID or who is
which, is found in car exhaust; and heavy metals, such under the legal sales age., Online retailers are required
as nickel, tini, and lead. to ask for age verification.
Scientists are still working to understand more fully the just like other tobacco and' nicotine products,youth
health effects and harmful doses of e-cigarette contents may,get e-cigarettes from many sources.Youth who
when they are heated and turned into an aerosol, both use these devices may not purchase them d'irectly from
for users who inhiale from�, a device and for those,whio, a retail'er; they may have access to e-cigarettes through
are exposed to the aerosol secondhand. friends who vape or from onlinestores that accept gift
cards,for example.
,Cian,ei-eigarettes be 'used tio vape
other slublistances.9
YeS. E-cigarette�s and other v,aping devices can be
used to vape other substances,such�, as marijuana. Open
s y 'which can
stems require the user to add the e-juice,
be a substance other than nicotine. Closed systems "Al
(those that use pre-filled pods) can also be altered to
vape substances, other than nicotine.
'JI
AM-
For more information,visit GetOu�trage�d.oirg
If/
What ician ',I do to prievent my child Whiat 1`1 my childis vaping—how can I
0, 1? R9
f'rom,vla� ing help hi m/her qui
P
Simply talking with your child about these products can Talk with your child's health care provider about specific
help protect them. Let them know that you care about resources for teens that address tobacco/nicotine
them and think vaping is not safe. addiction.
0 d Smo�kefree Teen is a website from the U.S. Department
How can, I tell if mly chil is vaping: of Health and Human Services geared toward helping
Many types of e-cigarettes are made to resem�ble teens quit tobacco/nicotine.
everyday items and can easily fit in a pocket or the palm Visit teen.sm olkefreegov
of a hand. In addition, they come in fruit and candy-like
flavors. For these reasons, it may be hard to tell if your
child is vaping—you m,ay not recognize a vaping device What iff I u,sle(d) tolbiaced?
or an e-liquid scent. Be honest and talk with your child about yolur choi'ces
and how hard it is/was to quit.
Here are subtle signs your child might be vaping:
Unexplained Sweet Scent—If you notice a sweet scent If you need help quitting tobacco, it's never too late to
that is unexpilainable, it might be a flavored e-jui'ce for a keep tryi'ng.
vaping device. Call 1-8100-QUIT-NOWorl visit
a,
makesmokinghistory.org fo,r information
Unfamiliar Products—If you come across unu:sual and support.
looking items such as u1nusual pens oir USB drives, or,an
i
unfamiliar battery or battery charging device,they could'
be associated with vaping.
The best way to know is to ed'ucate yourself abolut the
products and to talk withi,your kids,.
01 a a
For information and': fl(ps, visiti Gelto�utrageld.lorg
Information is,taken from E-Cigarette Use Among Youth and YoungAdults.-A Report of the Surgeon General,20116,and the Centers for Diseas�e Control
and Prevention(webisite on Electronic Cigarettes https-://www.cdc.gov/tobacco/blasic—informati'on/e-cigarettes/index.htmAccess,ed 5/22/18)
Other sources include:
McRobbie,Hayden;Bullen,Chris; Hartmann-Boyce,Jamie;Hajek, Peter(2014)."Electronic cigarettes for smoking cessation and'reduction".
The Cochrane Library, 12:CD01 0216.doi,.1 0.1 00�2/14651858,.CDO1 0216.pub2.PMID 25515689.
Is My Child'Vaping?(2018,February 19).Retrieved from https://raisingteenstoday.com/is-my-child-vaping-heres-9-signs-to-watch-for/.
Accessed 5/1,8/18
IW-A E 0 IL-A=L'-3=0 01 Ni
Tim ps Ifo r ta I ki ng w I ithylour kids about
Kniow thie, facts. Learn about e-cigarettes and young people
I I
before you start th:e conversation with your child.
E-cigaIreittes are knoIwn by many different names. They are
sometimes called e-cigs, eI-hooIkahs, mods, vape plens, vapes,
'tank systems, and electronic nicoti,ne delivery systems.
* Most vapin,g devices contain and deliver nicotin�eI. Nicotine
can harm a teenageris developing brain aind' lea�d to addiction.
* Simply talking with your teen about these products can help
protect them.
Be patilient and,rea,dyI to filistien. There "I's no "Perfeict t,alk,p), Ask,whiat yourI Child thil"nks,
Your goal is to have a conversation, not Consider your talks with yoIur child Show some genuine cuIr I iosity.Ask your
i
to deliver a lecture.So avoid'criticism about vaping as a, learning opportunity child, "What's your take on vaping?"or
and encourage an open dialogue. for both of you,a,nd perhaps just the "Do you know,kids who use e-cigarettes?,"
Thier'le"is no"plerfect time"'to talk. begin�ning of an ongoing dialogue.You Be loIplen and hionest.
Driving in the car together or waiting at, may have some facts about vaping at Be truthful about what you know about
an appointment is often the best time. hand, but con�cede that you don't the dangers of vaping,a,n!d what you
'You can start,by mentioning a news know all the answers., It will go a long don't.You can honestly say,thou�gh,
story, a,TV show,or something that you way to keep you�r kids from going on 'Vapin,g isn't harmiless. I hope you can
heard about vaping. Or ask your child the defensive. steer clear of it,.//
what he or she thinks about a situation
you witness together such as
seeing someone use an
e-cigarette, pass,i'ng al,vape
shop when you are out,
dool
or seeing an e-cigarette
An
advertisement.
A&747777
You can't always control everything your children do,when,they're not with you.,Talking
with your'ki*ids about va iii Ig will let them,k� o1w that you're, concerned ablout their heialth.
,p ,n n
Excerpted from Talk with,Your Teen About E-cigarettes.,A Tip SheetfoIr Parents from E-Cigarette Use AmoIng Youth and Young Adults:
A Report of the Surgeon General and other content taken from How to Talk to,Your Kids about Vaping,New York Times, February 2,2018.
P I
0
CAMPS-10
-Thoroughly reviewing paperwork received from a few different, caimps.
-Communication with camp directors regarding paperwork, process etc.
-Deadline for camp application and supporting documents is May I If.
0
CLINICSIOUTREACH.
-B,P Clinic @ Snr Center every 2ndand 4thWednesday of the month with, alternating
clinics at senior housing developments.
-
In office B 12 Injections
-Resident cal ls/v'isifs/drop-ins.
jiiq� q1 111111qi�iii;
IMMUMMAYL01
Vaccines Currenfl"lyAvail'able-,
11
PNEUMOCOCCAL.' BOTH VACCINES available.
SHINGRIX: Currenfly, vaccinating.
-inventory management and: data entry of vaccines into the MIIS (Massachusetts
Immunization Information System]
MEETINGSZTRAININGS:
-Coalifi'on,
-Dementia luncheon hosted by NAFD and The Woodlands Inn @ Edge wood
-MHOA aifety Toolkit"' worksho�#
-Minding Your Mind, a Mental Health Workshop
-MHOA Spring Seminar
OTHEL
ImpacfMeIanoma Sunscreen Dispensers UPDATE: Received approval to purchase
sunscreen dispensers, for use at town playing fields. Communication with lick Gorman
and he has approved locations of Steven's Pond, Drummond, Reynolds, McEvoy, and
I
Carl Thomas fields. Awaiting promotional materials, dispensers, and sunscreen to arrive
within the next few weeks.See attached logo to be placed on, dispensers.
-Worked with IT to reorganize the layout of f he department webpage. (Will be addi'n,g a
link to ImpacfMelanoma and addifi I onal information on sunscreen dispensers.
-Ongloii'ng assistance with the Town's EDiS (Emergency Dispensing Plan)
Rough inspection Summary March 2,8th-April 25th for Stew
0 Poiol pections - 3
0 Food Inspections - 10
* Food Re -inspections - 2
Mobile Food Inspections - 4
o Includes ice cream trucks
Eel
0 Complaints dealt with - 10
0 Serra*nars attended - I
Meetings attended — I
0 Septic Inspections - 1