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Home My WebLink AboutDEP - Waste Ban Waiver - Correspondence - 285 HOLT ROAD 4/7/2021 Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Northeast Regional Office•�05B Lowell Street, Wilmington MA 01887.978-694-3200 GE,vE� Charles D Baker �q Kathleen A Theoharides Governor PPR O ` VER Secretary Karyn E Polito t\ OF NpR�N Martin Suuberg Lieutenant Governor 00 De? Commissioner PY March 25, 2021 Derek Roy RE: NORTH ANDOVER—Solid Waste Management J.S. Food and Drug Administration Wheelabrator North Andover, Inc. Office of Criminal Investigations 285 Holt Road Boston Resident Office FMF#: 132771 401 Edgewater Place,Suite 530 Wakefield, MA 01880 Destruction of Confidential Documents Waste Ban Waiver-310 CMR 19.017(5) Dear Mr. Roy: The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the March 17, 2021 e-mail you submitted on behalf of the U.S. Food and Drug Administration (FDA) requesting a waiver from the Massachusetts Waste Ban requirements in order to dispose of sensitive documents and other materials at Wheelabrator North Andover, Inc.,a municipal waste combustor located in North Andover, MA. According to your request,the FDA has identified law enforcement sensitive documents and other materials which require secure disposal. On January 28, 2020, MassDEP previously issued a waiver to the FDA for the destruction of similar materials at Wheelabrator North Andover, Inc. In the current request,you explain that the FDA has a continuing need for the secure disposal of up to 50 banker boxes containing sensitive documents and prescription and non-prescription drugs each quarter as its cases are closed. As a result,your e-mail requests relief from the Massachusetts Waste Ban requirements of section 310 CMR 19.017 of the Massachusetts 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 May 31, 2022. 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 This information is available in alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617.292-5751. 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 U.S. Food and Drug Administration— Boston Waste Ban Waiver 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) 254-5S25 or by e-mail to: info@ RecyclingWorksMA.com. 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. This decision does not relieve the FDA, or any other person, of the responsibility to comply with all other applicable federal, state and local statutes, regulations and requirements that apply to these records. NOTICE OF RIGHT OF APPEAL The United States Food and Drug Administration (FDA) 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 FDA 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 FDA to exercise the right provided in this section shall constitute a waiver of FDA'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 205B Lowell Street Wilmington, MA 01887 3/25/2021 NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 3 of 3 U.S. Food and Drug Administration—Boston 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. MassDEP appreciates your efforts to comply with its regulations. If you have any questions regarding this issue, please contact Stephen Forrest at(978) 694-3295 or write to the letterhead address. Sincerely, Mark Fairbrother,Section Chief Solid Waste Management MG F/SJ F/sjf Enclosures: Recycling Works in Massachusetts Fact Sheet: Your Business and the Waste Bans cc: Wheelabrator North Andover, Inc. 285 Holt Road North Andover, MA 01845 North Andover Board of Health 120 Main Street North Andover, MA 01845 ecc: Kevin Beauregard,Wheelabrator North Andover, Inc. Email: kbeaureg@wtienergy.com Matt Hughes, Wheelabrator Technologies, Inc. Email: mhughes@wtienergy.com John Fischer, MassDEP-Boston/BAW 3/25/2021 ti. I i TM l � ' i