HomeMy WebLinkAboutNotice of Replacement Activity - 1450 Osgood St - Correspondence - 1600 OSGOOD STREET 1/19/2021 WLJ T T E c T O �T E 352 TURNPIKE ROAD
1 1 1 1 J 1 1 V SUITE 320
ASSOCIATES , I N C . SOUTHBOROUGH,MA 01772
508.485.0755
Environmental&Geotechnical Engineers&Consultants whitestoneassoc.com
January 8,2020 D
RECE`VE
via U.S mail and email
TOWN OF NORTH ANDOVER JAN 1 g 2021
ce of the To
11201Main Str etwn Manager TOWN OF N091 R T R
�y�,�TN DEPA
North Andover,Massachusetts 01845
Attention: Ms.Melissa Rodrigues
Town Manager
Regarding: NOTICE OF REPLACEMENT ACTIVTIY AND USE LIMITATION(AUL)
MASSDEP DISPOSAL SITE RTN 3-0174
1450 OSGOOD STREET
NORTH ANDOVER,ESSEX COUNTY,MASSACHUSETTS
WHITESTONE PROJECT NO.: EM2017220.000
Dear Ms. Rodrigues:
On behalf of Rt 125 Project, LLC Whitestone Associates, Inc. (Whitestone)has prepared a Replacement
AUL (see attached) for a portion the Property known as the former Merrimack Valley Works facility or
located at 1450 Osgood Street (formerly 1600 Osgood Street) in North Andover, Essex County,
Massachusetts. Whitestone has prepared this correspondence to notify you, pursuant to 310 Code of
Massachusetts Regulations (CMR) 40.0000 that this replacement AUL has been filed with the
Massachusetts Department of Environmental Protection(MassDEP)and the Essex County North Registry
of Deeds. This replacement AUL was filed to facilitate a recent property subdivision(December 2,2020).
Other than new Property Boundaries, the replacement AUL is substantially the same as the original AUL
filed on July 31,2008. Instructions to download a copy of the Replacement AUL from the MassDEP web
site are detailed below.A copy of this letter has also been sent to Town of North Andover Board of Health
and Building Department.
The replacement AUL is available on MassDEP's Searchable Sites web site
(https://eeaonline.eea.state.ma.us/portal#!/search/wastesite) by entering the Disposal Site RTN (3-0174)
into the search criteria. Full copies of the submittals are also available at the MassDEP's Northeast Region
Office at 205B Lowell Street, Wilmington,Massachusetts or by contacting the undersigned at the address
above or 508-341-4623.
Sincerely,
WHITESTONE ASSOCIATES,INC.
Frank W.Lilley,LSP
Senior Consultant
Copy: Langan,Mr.Ken Gendron LSP
North Andover Board of Health Director,Mr.Brian LaGrasse
Town of North Andover Building Department,Merylle Chase
MassDEP Northeast Regional Office
Other Office Locations:
WARREN,NJ CHALFONT,PA ROCKY HILL,CT WALL,NJ EVERGREEN,CO
908.668.7777 215.712.2700 860.726.7889 732.592.2101 303.670.6905
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887.978-6943200
Charles D Baker Kathleen A.Theoharides
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
co
January 29, 2021 am/c
Gary Frederick 0 3 /
HIP Transaction Services, LLC
5050 W. Tilghman Street, Suite 435
Allentown, PA 18104
RE: NORTH ANDOVER— Solid Waste Management RECEIVED
1450 Osgood Street FEB B R 202,
FMF # 618746
TOWN OF NORTH ANDOVER
B WP S W41 / Beneficial Use Determination-Restricted Applicati&OtrH DEPARTMENT
Authorization Number: S W41-0000017
Reuse of Processed Painted Concrete Rubble as Fill
Conditional Approval
Dear Mr. Frederick:
The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau
of Air and Waste, Solid Waste Management Section(MassDEP) has reviewed your application,
category BWP SW41 Beneficial Use Determination—Restricted Applications, Application
Number: 20-S W41-0006-APP (the Application), for the use of certain processed (crushed)
painted/glazed concrete rubble from the demolition of on-site buildings as fill at 1450 Osgood
Street' in North Andover, MA (the Site). The Application was prepared and submitted to
MassDEP by Langan Engineering and Environmental Services, Inc. (Langan) of New Haven, CT
on behalf of HIP Transaction Services, LLC (HIP).
As discussed in the Application, EIP proposes the on-site reuse of approximately 37,000 cubic
yards of processed concrete rubble as fill pursuant to this Beneficial Use Determination (the
BUD Materials). Asbestos-containing materials generated during the project will be transported
off-site for disposal.
Formerly part of 1600 Osgood Street, North Andover, MA.
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—HIP Transaction Services, LLC Page 2 of 2
Beneficial Use Determination(Authorization Number: SW41-0000017)
A portion of the HIP property is subject to certain obligations, restrictions and/or conditions
pursuant to 310 CMR 40.0000 (the Massachusetts Contingency Plan; MCP), related to several
releases that were associated with former uses of the site (related to various Release Tracking
Numbers). An existing Activity and Use Limitation (AUL) at the Site requires new buildings to
be constructed with controls to prevent the potential intrusion of contaminant vapors into the
structure. Systems such as a sub-slab ventilation system and vapor barrier layer will be
incorporated into the design for the proposed Site redevelopment. The AUL also requires,
without limitation, the preparation of a Soil Management Plan for the Site.
MassDEP has determined the proposed reuse.of the processed painted rubble constitutes a
beneficial reuse of the material. MassDEP, therefore, issues the attached Beneficial Use
Determination.
This decision does not relieve HIP, or any other person, of the responsibility to comply with all
other applicable federal, state and local statues, regulations and requirements.
If you have any questions in regards to this matter, please contact John Morey at telephone
number 978-694-3297 or by email to john.morey2mass.gov.
Sincerely,
Mark G. Fairbrother Jo Morey
Section Chief Environmental Analyst
Solid Waste Management Solid Waste Management
MGF/JPM/jpm
Enclosures: Beneficial Use Determination(Authorization Number: S W41-0000017)
Communication for Non-English Speaking Parties
cc: Brian LaGrasse, Director
North Andover Health Department
120 Main Street
North Andover, MA 01845
Email: bla rg asse a,northandoverma.gov
Ken Gendron(Langan Engineering)
Email: kgendronglangan.com
1/29/2021
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01 s87.978-694-3200
Charles D. Baker Kathleen A.Theoharides
Governor
Secreta ry
Karyn E Polito Martin Suuberg
Lieutenant Governor Commissioner
BENEFICIAL USE DETERMINATION
(BWP SW41 — Restricted Application)
On-site Reuse of Processed Painted Concrete,
Concrete Block, and Glazed Block Rubble as Fill
HIP Transaction Services, LLC
1450 Osgood Street
North Andover, Massachusetts
Date of Issuance: January- 29, 2021 FMF Number: 618746
Application Number: 20-SW41-0006-APP
Authorization Number: S W41-0000017
I. IDENTIFICATION:
Applicant Name: HIP Transaction Services, LLC /Gary Frederick
Mailing Address: 5050 W. Tilghman Street, Suite 435
Allentown, PA 18104
Site Owner: Osgood RT-125 Project, LLC
Address: 5050 W. Tilghman Street, Suite 435
Allentown, PA 18104
Point of Use: 1450 Osgood Street'
North Andover, MA 01845
Formerly a part of 1600 Osgood Street,North Andover, MA.
This information is available in alternate format Contact Michelle Waters-Ekanem,Director of DiversitylCivil Rights at 617-292-6751.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
NORTH ANDOVER—HIP Transaction Services, LLC Page 2 of 10
BENEFICIAL USE DETERMINATION (Authorization Number: SW41-0000017)
II. APPLICATION INFORMATION
B WP S W41 Beneficial Use Determination
Application Number: 20-S W41-0006-APP
The Application was prepared and submitted to MassDEP by Langan Engineering and
Environmental Services, Inc. (Langan) of New Haven, CT on behalf of HIP Transaction
Services, LLC (HIP or the Applicant).
Engineer of Record: John D. Plante, P.E.
The Application includes plans prepared by Langan, titled:
Figure I—Building 30 First Floor Coated Building Material Survey
Figure 1 B — Building 30 Second Floor Coated Building Material Survey
Figure 2—Building 34 Coated Building Material Survey
Figure 3 —Buildings 33, 35, & 36 Coated Building Material Survey
Figure 4—Building 37 Coated Building Material Survey
Figure 5 —Building 40 Coated Building Material Survey
Figure 6—Building 41 Coated Building Material Survey
Figure 7—Buildings 43, 46, & 47 Coated Building Material Survey
Figure 8 —Buildings 48 & 49 Coated Building Material Survey
Figure 9— Building 50 Coated Building Material Survey
Figure 10— Building 52 & 60 Coated Building Material Survey
Figure 11 — Building 53 Coated Building Material Survey
Figure 12 — Buildings 70 & 71 Coated Building Material Survey
Figure CS200- Reclaimed Concrete and Asphalt Pavement Placement Plan
Proposed Development Plan (Figure 4 - Release Abatement Measure Plan)
On January 8. 2021, Langan submitted supplemental information to support the
Application. On January 22, 2021, Langan submitted updated information regarding the
subdivision and ownership of the property.
III. BENEFICIAL USE PROPOSAL
As stated in the above-referenced Application, the property formerly identified as 1600 Osgood
Street in North Andover, MA is approximately 168 acres and is comprised of approximately 115
acres of developed land, 32 acres of landscaped areas, and 21 acres of undeveloped woodlands
and wetlands. The Application states the Site was historically used as farmland until the 1950s
when construction of the Merrimack Valley Works manufacturing facilities began in 1953.
Starting in approximately 1956, the Site was used for the manufacturing, testing, and distribution
of telecommunications equipment through the late-1990s under various business names (lastly,
Lucent Technologies). In 2020, the property was subdivided and the rear portion of the site (now
identified as Lot B, 1450 Osgood Street) was purchased by Osgood RT-125 Project, LLC for
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NORTH ANDOVER—HIP Transaction Services, LLC Page 3 of 10
BENEFICIAL USE DETERMINATION (Authorization Number: SW41-0000017)
proposed redevelopment by the Applicant. The property at 1450 Osgood Street consists of
approximately 110 acres (the Site) and is the subject of this Beneficial Use Determination
(BUD).
Over 40 existing buildings are located at the Site and include a combination of former
manufacturing buildings, warehouses, offices, pump stations, and multiple support buildings.
The Site buildings range in size from a large manufacturing building of over 1,900,000 square feet
to small support buildings such as guard shacks of less than 500 square feet. The buildings have
similar construction types and building materials, including exterior brick, interior concrete block
and/or glazed block, and the associated concrete slabs and basement foundations.
As discussed in the Application, the proposed redevelopment of the Site includes the demolition
of multiple buildintn
gs and structures, raising the site grade, and the construction of a warehouse
building and associated parking areas, driveways, and landscaped areas.
The Application states that a comprehensive Hazardous Building Material (HBM) survey has
been completed, and asbestos-containing material (ACM) will be abated and removed from the
Site buildings prior to demolition.
As proposed, the demolition of seventeen(17) structures at the Site will generate approximately
37,000 cubic yards of certain rubble material (coated concrete, concrete block and glazed block)
that is proposed for on-site reuse. The volumes of material proposed for reuse from each building
are listed in the Application. Suitable rubble will be processed (crushed) to a size of six-inch
minus prior to placement as fill (the BUD Material).
To maintain a minimum of four feet of separation between the BUD Material and the seasonal
high groundwater table, clean imported fill will be used to raise grades prior to placement of
BUD material. A geotextile layer will be placed between the clean fill and the BUD Material
and orange geotextile warning layer will be placed over the BUD material. The final cover will
consist of clean fill, topsoil, concrete, or asphalt paving to complete the redevelopment. The
Application states that the BUD Material will be placed within the footprint of an existing
Activity Use Limitation(AUL) established pursuant to the requirements of 310 CMR 40.0000
(the Massachusetts Contingency Plan; MCP), which, at this time, consists of placement within
the footprint of the proposed building. Upon completion of the project, a deed notice(s) will be
recorded to reflect the actual placement of the BUD Material. Historical releases at the Site and
the related AUL are discussed in Section VI, below.
IV. CHARACTERIZATION OF THE BUD MATERIAL
The Application identifies two coating types, paint and glaze, on the concrete and concrete block
consisting of eleven (11) paint coatings and four(4) glazes. The Application includes a list of
paints and glazes.
Grab samples of the coating materials were collected at a frequency of 1 per 500 cubic yards of
coated surfaces for each coating type and in each building. A total of 119 paint coating samples
tn
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BENEFICIAL USE DETERMINATION (Authorization Number: SW41-0000017)
and 20 glazed coating samples were collected and submitted for laboratory analysis. In addition,
13 substrate samples, including samples of concrete, concrete block, and glazed block, were
collected and submitted for laboratory analysis. Samples were analyzed for volatile organic
compounds (VOCs), polychlorinated biphenyls (PCBs), and metals.
As reported, the analytical results do not include exceedances of the corresponding standards
(S-3/GW-3) listed in Table 12 of the Draft Interim Guidance Document for Beneficial Use
Determination Regulations, dated March 18, 2004 (the BUD Guidance Document) for either the
glazed coating samples or the substrate samples. The analytical results report detectable
concentrations of xylenes, PCBs, and metals (antimony, arsenic, barium, cadmium, chromium,
lead, mercury, and zinc) exceeding the corresponding BUD values in 65 of the paint coating
samples collected.
The Application presents weighted average calculations performed for each contaminant.
Weighted average calculations were completed by calculating the total contaminant weights per
area based on the analytical data, sample weights, and coated surface square footage, and
comparing it to the total substrate weights per area based on the square footage and general
weight of each substrate type. As reported, weighted average calculations demonstrate that the
detectable concentrations within paint coating samples are below the corresponding BUD values.
V. SUPPLEMENTAL CHARACTERIZATION OF PAINT COATINGS
Following initial sampling and submittal of the Application, it was determined that the reported
analytical results indicated the potential for elevated concentrations of leachable metals within
several paint coatings.
As a result, 14 additional samples of the paint coatings were collected from six buildings by
chipping a one square foot area of paint coating from the associated substrate utilizing a hammer
drill. The drill was used to remove the paint coating while minimizing the collection of the
substrate materials. Samples were submitted for TCLP analysis (via USEPA Method 1311) for
barium, cadmium, chromium, lead, and mercury.
The paint coating TCLP results were compared to the USEPA Maximum Concentration
for Toxicity Characteristic criteria. The reported analytical results for supplemental
characterization of paint coatings do not exceed the Toxicity Characteristic Concentrations listed
in 40 CFR 261.
VI. HISTORICAL SITE RELEASES
Environmental assessment and remediation activities in accordance with MCP requirements have
occurred at the Site as a result of releases of oil or hazardous materials associated with historic
site uses. The Application discusses a total of nine release tracking numbers (RTNs) primarily
related to chlorinated solvents and metals. RTNs related to the Site consist of the following:
Four RTNs (3-10815, 3-11048, 3-12462, and 3-19831) have been closed without
conditions:
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BENEFICIAL USE DETERMINATION(Authorization Number: SW41-0000017)
• One RTN (3-24211) has been closed under a Downgradient Property Status (DPS)
determination (in connection with the off-site Holt Road Landfill); and
• Four RTNs (3-0174, 3-21863, 3-25333, and 3-23204) were closed with conditions (i.e.,
with an AUL), as outlined below-.
As explained in the Application, institutional controls in the form of an AUL (combined under
RTN 3-0174) were placed on 29.48 acres of the site to facilitate a Permanent Solution. Residual
impacts encountered during construction associated with the BUD (either within or outside the
AUL) will be managed in accordance with the soil management and health and safety practices
and a Release Abatement Measure Plan. In addition, the proposed main warehouse building will
be designed and constructed with a vapor barrier or sub-slab venting system, consistent with the
requirements of the AUL.
VII. BENEFICIAL USE DETERMINATION
MassDEP has determined the Application and proposed reuse comply with the requirements of
section 310 CMR 19.060, Beneficial Use of Solid Wastes. MassDEP hereby approves the reuse
of approximately 37,000 cubic yards of processed BUD Material for fill at the 1450 Osgood
Street Site as proposed in the Application, subject to the conditions listed below. This decision
does not relieve the Applicant(HIP), or any other person, of the responsibility to comply with all
other applicable federal, state and local statues, regulations and requirements.
VIII. GENERAL PERMIT CONDITIONS
1. A determination of beneficial use means that the material is NOT classified as a solid
waste ONLY when used in accordance with the requirements of this permit.
2. The material shall not be handled or utilized in a manner that will result in the material
becoming a solid waste.
3. HIP shall comply with this decision and the requirements of 310 CMR 19.000, including,
but not limited to, the requirements established at 310 CMR 19.043(5), Standard
Conditions.
4. MassDEP reserves the right to rescind, suspend or modify this permit by the imposition
of additional conditions based upon conditions of nuisance or a determination of actual,
or the threat of, adverse impacts from the beneficial use of this material on the public
health, safety, welfare, and the environment.
5. HIP shall provide MassDEP with any information that MassDEP deems to be relevant in
determining whether a cause exists to modify, revoke, or suspend the permit, or to
determine whether HIP is complying with the terms and conditions of the permit, within
fourteen (14) days, or an alternative period approved by MassDEP, of the date of receipt
by HIP of a written request from MassDEP for such information.
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BENEFICIAL USE DETERMINATION(Authorization Number: SW41-0000017)
6. Failure to comply with this permit shall be grounds for enforcement action including
without limitation, permit suspension and revocation.
7. HIP shall notify the MassDEP in writing of any changes in its process that may modify
the physical or chemical nature of the material. A change in processing or use of the
material other than specified in the Application as approved herein shall require prior
MassDEP review and approval.
8. HIP may request and MassDEP may, at its sole discretion, approve an extension to any
timeline pursuant to this permit.
9. In the event HIP, its contractors, lessees, successor(s), or assign(s), proposes to remove or
otherwise disturb the material reused pursuant to this BUD, such activities shall comply
with applicable regulatory requirements, including, but not limited to, MassDEP
provisions for notice or application, and any health and safety provisions.
IX. SPECIFIC PERMIT CONDITIONS
l. This permit is for the reuse of approximately 37,000 cubic yards of crushed concrete
rubble generated from the demolition of buildings at 1450 Osgood Street site in North
Andover, Massachusetts, as described and characterized in the Application (the BUD
Material).
2. A portion of the Site is subject to certain obligations, restrictions and/or conditions
pursuant to 310 CMR 40.0000, the Massachusetts Contingency Plan (MCP) and the
release tracking numbers referenced in Section VI, above. All work at the Site shall be
conducted in accordance with the requirements of the MCP and the requirements set forth
in the AUL in order to maintain a condition of No Significant Risk including, but not
limited to:
a. The characterization and testing of any soil prior to removal from the Site;
b. The excavation of soil in compliance with the MCP;
c. The management of all soil in accordance with the MCP, including, but not
limited to the provisions of 310 CMR 40.0030 and other applicable state,
federal, and local laws and regulations including, without limitation, 310
CMR 19.000, the Massachusetts Solid Waste Regulations and 310 CMR
30.0000, the Massachusetts Hazardous Waste Regulations; and
d. The design and construction of vapor barrier or sub-slab venting systems in
new buildings or structures to prevent the migration of vapors from
underlying contaminated soils or groundwater to the interior of buildings.
3. Required Submittals:
a. Notification of Demolition and Construction Schedule: Within seven (7) days of the
effective date of this decision and prior to commencing activities pursuant to the
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BENEFICIAL USE DETERMINATION(Authorization Number: SW41-0000017)
Application and this decision, HIP shall provide to MassDEP and the North Andover
Board of Health (the BOH) the following:
i. The projected schedule for completion of the major project milestones;
ii. The name and contact information of the Engineer of Record for the project;
and
iii. The name and contact information of an on-site contact for the project.
The Application and the notification required by this condition shall constitute
notification pursuant to 310 CMR 16.03(2)(b)5.f for the Concrete Rubble processing
operation.
b. Asbestos Survey and Demolition Notice: Pursuant to 310 CMR 7.09, notification
shall be provided prior to demolition of existing buildings. A building survey for
asbestos is required and, if asbestos-containing material (ACM) is found in the
survey, the HIP shall ensure that ACM is removed prior to demolition. An
"Asbestos Notification Form ANF001" (B WP AQ04) must be filed at least ten (10)
working days prior to commencing asbestos abatement. If necessary, an application
for a Non-Traditional Asbestos Work Plan (NTWP) shall be submitted to MassDEP.
A"Notification Prior to Construction or Demolition" (BWP AQ06) shall be
submitted at least ten (10) working days prior to commencing any demolition
activity.
c. Construction Certification Report: Within sixty (60) days after the date of completion
of the project, HIP shall submit to MassDEP a construction certification report, as set
forth below. The certification report shall include, but is not limited to:
i. An"as-built" plan having an appropriate scale showing the final locations of
the BUD Material fill area;
ii. A narrative prepared by the Engineer of Record that describes the project and
discusses the actual quantity of BUD Material placed as fill;
iii. Certifications by HIP and the Engineer of Record pursuant to 310 CMR
19.011; and
iv. A copy of the deed notice required by Condition IX.3.d of this permit, as
recorded in the Registry of Deeds or in the registry- section of the land court
for the district wherein the Site lies.
d. Deed Notice: Within sixty (60)days following completion of the project, HIP shall
cause to be recorded with the Registry of Deeds, or if the land is Registered Land,
with the registry section of the land court for the district in which it lies, a notice of
this action as set forth below. This notice shall be incorporated either in full or by
reference into all future deeds, and any other instrument of transfer, which conveys an
interest in and/or a right to use the land on which the BUD material is located. A
copy of the recording shall be provided to MassDEP with the certification report
required by this permit at Condition IX.3.c, above. Such notice shall contain the
following:
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BENEFICIAL USE DETERMINATION (Authorization Number: SW41-0000017)
i. The owner of record for the property;
ii. A description of the Site, by metes and bounds and by reference to an
appropriate map or plan to be recorded therewith, signed by a qualified
professional engineer or a land surveyor, depicting the boundaries of the filled
area; and
iii. Reference to this Beneficial Use Determination permit decision, as issued by
MassDEP (Authorization Number: SW41-0000017), the Facility Number
(FMF 4618746). and the file location (MassDEP Northeast Regional Office).
4. HIP shall instruct all contractors and employees in the requirements of this decision, as
applicable to their work. HIP shall maintain and make available at the Site a copy of this
decision and all approved plans, appendices, protocols and attachments for use by HIP's
contractors and employees. HIP shall maintain records at the site that demonstrate that
all contractors and employees have been instructed pursuant to this condition. HIP shall
ensure that all work performed at the Site complies with 310 CMR 19.000 and the
applicable requirements of this decision.
5. HIP is responsible to ensure that all necessary precautions are taken to protect the health
and safety of workers and the general public during construction.
6. The project shall be limited to the activities as depicted and described in the Application
and the approved plans and this decision. Any additional activities or modifications not
described in the Application, Application Number: 20-SW41-0006-APP, may require
notification to MassDEP, and the preparation and submittal of a separate application for
permit modification. No changes, modifications or alterations shall be made to the approved
plans, unless otherwise approved, in writing, by MassDEP in accordance with 310 CMR
19.000.
7. HIP shall implement all measures necessary to prevent, minimize and mitigate the
generation and emission of dust wherever and whenever necessary at the Site and any
other areas related to or under the control of HIP to prevent fugitive dust emissions
and/or the occurrence of nuisance conditions. Water shall not be used for dust control in
amounts that produce excessive infiltration, ponding, runoff or erosion.
8. HIP shall implement the measures necessary- to control and manage storm water at the
site including, without limitation, implementation of a Storm Water Pollution Prevention
Plan for the Site that complies with applicable MassDEP regulations and guidelines. In
addition, this approval does not relieve HIP or any other person of the responsibility- to
comply with the National Pollutant Discharge Elimination System (NPDES)
requirements including, without limitation, the applicable NPDES permit requirements
for Discharges from Construction.4ctivities, as applicable to the construction activities
approved by this decision.
9. HIP shall comply with the notifications described in this approval and 310 CMR
19.043(5)(i), Duty to Inform. These notifications are in addition to, and shall not
substitute for, any other notification(s) which are required pursuant to 310 CMR 40.0000,
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BENEFICIAL USE DETERMINATION (Authorization Number: SW41-0000017)
the Massachusetts Contingency Plan (the MCP), and 310 CMR 30.000, the
Massachusetts Hazardous Waste Regulations or any other applicable state, federal, or
local law or regulation.
a. HIP shall notify MassDEP and the Board of Health within 24 hours, but in no
event later than 48 hours of the Engineer of Record, HIP, or its contractor(s),
becoming aware of:
i. The occurrence of any conditions or events at the Site that may result in
off-site nuisance conditions or a threat to the public health, safety, welfare
or the environment;
ii. The details of any incidents that resulted in the response of emergency
personnel (fire, police, MassDEP Emergency Response personnel, the
Occupational Health and Safety Administration, etc.) to the Site; and
iii. The receipt of any complaint of off-site nuisance conditions attributed to
the Site.
b. This written notification shall be made by email to the Solid Waste Section Chief:
Mark Fairbrother, Solid Waste Section Chief
Email: mark.fairbrothergmass.gov
Telephone: (978) 694-3298
c. This notice shall, at a minimum, include a description of the incident and/or
complaint, the impact on the construction activities authorized by this approval,
and a description of any corrective actions HIP has taken or intends to take to
minimize the potential for a recurrence.
10. MassDEP reserves the right to rescind, suspend or modify this approval based upon a
determination that the subject activity and/or material causes or contributes to the
development of nuisance conditions, is not being conducted safely or in accordance with
this approval, or results in a threat to the public health, safety or the environment.
X. RIGHT OF APPEAL
HIP Transaction Services, LLC (HIP) 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 HIP 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 HIP to exercise the right
provided in this section shall constitute a waiver of HIP's right to appeal.
Appeal. Any person aggrieved by the issuance of this decision, except as provided for under
310 CMR 19.033(4)(b), may file an appeal for judicial review of said decision in accordance
with the provisions of M.G.L. c. 111, s. 150A, and M.G.L. c. 30A, not later than thirty (30) days
following the receipt of the final decision. The standing of a person to file an appeal and the
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BENEFICIAL USE DETERMINATION (Authorization Number: SW41-0000017)
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 remain effective.
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, if applicable, at least five (5) 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
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 those
regulations, 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.
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Mark G. Fairbrother Date
Section Chief
Solid Waste Management
l/29/2021