HomeMy WebLinkAboutMass DEP - Facility Water Treatment System Upgrade Conditional Approval - Miscellaneous - 285 HOLT ROAD 11/23/2021 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887 •978-694-3200
Charles D. Baker Kathleen A.Theoharides
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
November 9, 2021.
Erik Lueders RE: NORTH ANDOVER—Solid Waste Management
Wheelabrator North Andover,Inc. Wheelabrator North Andover,Inc.Waste-to-Energy Facility
285 Holt Road 285 Holt Road
North Andover, MA 01845 FMF#: 132771
BWP SW45/Any Facility-Altemative Review
Authorization Number: SW45-0000138
Facility Water Treatment System Upgrade
Conditional Approval
Dear Mr.Lueders:
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
SW45 Any Facility—Presumptive Approval, Application Number: 21-SW45-0031-APP(the Application),
to upgrade the water treatment system at the Wheelabrator North Andover,Inc.Waste-to-Energy Facility
(the WTE Facility)located at 285 Holt Road in North Andover,Massachusetts. The Application was
prepared and submitted to MassDEP by Wheelabrator North Andover,Inc. (Wheelabrator).
The Application proposes the removal and replacement of the Facility's existing water treatment system
and associated components. The proposed water treatment system will consist of two 100-gallon per
minute reverse osmosis treatment units with mixed bed ion exchange demineralization units to provide
feedwater for use in the WTE Facility.
The proposed project will not alter the operation of the WTE Facility,and the Application does not
propose any changes to the WTE Facility's existing waste handling capacity.
DECISION
MassDEP has reviewed the Application pursuant to 310 CMR 19.000,the Solid Waste Management
Regulations and approves the Application subject to the Permittee's compliance with the conditions of
this decision imposed by MassDEP pursuant to 310 CMR 19.043(1),Items Subject to Conditions.
This decision is issued by MassDEP pursuant to M.G.L.Chapter 111, § 150A and the implementing
regulations thereunder at 310 CMR 19.000,the Solid Waste Management Regulations. This decision
does not relieve Wheelabrator,or any other person,of the responsibility to comply with all other
applicable federal,state and local statutes,regulations and requirements.
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.Waste-to-Energy Facility Page 2 of 4
Facility Water Treatment System Upgrade
BWP SW45/Authorization Number. SW45-0000138
CONDITIONS
1. Wheelabrator 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.
2. Wheelabrator shall ensure persons conducting activities at the modification project are familiar
with the applicable provisions of this decision and the approved plans,and that all work
performed as part of this project complies with 310 CMR 19.000 and the applicable requirements
of this decision.
3. Wheelabrator shall ensure that all necessary actions are taken to protect the health and safety of
workers and the general public during the proposed modification construction.
4. Wheelabrator shall limit modification of the WTE Facility to the proposed modifications as
depicted and described in the Application,Application Number: 21-SW45-0031-APP,and this
decision. Any additional activities or modifications not described in the Application may require
notification of MassDEP,and the preparation and submittal of a separate application for permit
modification.
5. The activities subject to this decision shall be carried out in a sanitary,orderly and dependable
manner with minimal interference to the routine operations of the WTE Facility.
6. Wheelabrator shall comply with the notifications described in this decision and 310 CMR
19.043(5xi),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,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. Wheelabrator shall notify MassDEP and the North Andover BOH within twenty-four(24)
hours whenever possible,but in no case greater than within forty-eight(48)hours of
Wheelabrator,the Engineer of Record or contractor(s),becoming aware of:
i. The occurrence of any conditions or events at the project area that result in off-
site nuisance conditions or a threat to the public health, safety,welfare or the
environment;
- — - - - --ii----The-details-of-any incidentsthatcesulted-in-the rp-sponse-of_emErg 4_percnnnPl
(fire,police,MassDEP Emergency Response personnel,the Occupational Health
and Safety Administration,etc.)to the Facility; and
iii. The receipt by Wheelabrator of any complaint of off-site nuisance conditions
attributed to the project.
b. This written notification shall be made by email to the MassDEP Northeast Regional Office:
Mark Fairbrother, Solid Waste Section Chief
Email: mark.fairbrotherAmass.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 decision,and a description of any
corrective actions Wheelabrator has taken or intends to take to minimize the potential for a
recurrence.
11/09/2021
NORTH ANDOVER—Wheelabrator North Andover,Inc.Waste-to-Energy Facility Page 3 of 4
Facility Water Treatment System Upgrade
BWP SW45/Authorization Number: SW45-0000138
7. Required Submittals: Within sixty(60)days of completion of the proposed modifications,
Wheelabrator shall submit to MassDEP,with a copy submitted to the North Andover Board of
Health,a construction certification report that includes,but is not limited to:
a. A site-plan showing the location of the completed project;
b. A narrative that discusses the completed work, including,without limitation,any
modifications made to the design/approved project; and
c. Certification by Wheelabrator and the Engineer of Record pursuant to 310 CMR 19.011.
8. MassDEP reserves the right to rescind,suspend or modify this approval based upon a
determination that the project causes or contributes to the development of nuisance conditions, is
not being operated safely or in accordance with this approval,or results in a threat to the public
health, safety,or the environment.
NOTICE OF RIGHT TO APPEAL
Wheelabrator North Andover,Inc.(Wheelabrator)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(4xb),by
submitting a written statement of the basis on which Wheelabrator 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 Wheelabrator to exercise the right provided in this section shall
constitute a waiver of Wheelabrator'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 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. 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
11/09/2021
NORTH ANDOVER—Wheelabrator North Andover,Inc.Waste-to-Energy Facility Page 4 of 4
Facility Water Treatment System Upgrade
BAT SW45/Authorization Number: SW45-0000138
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.
If you have any questions regarding this matter,please contact Richard Spieler at
richard.spiele _,mass.gov.
Sincerely,
*- 4�46 'It�
Mark G.Fairbrother j�m-Richard J. Spieler
Section Chief Environmental Engineer
Solid Waste Management Solid Waste Management
MGF/RJS/tjs
Enclosure: Communication for Non-English-Speaking Parties
cc: North Andover Board of Health
120 Main Street
North Andover,MA 01845
Matt Hughes(Wheelabrator)
Email: mhughes_,win-waste.com
Kevin Beauregard(Wheelabrator)
Email: kbeauregawin-waste.com
11/09/2021