HomeMy WebLinkAbout1998-08-19 Application Correspondence Massachusetts
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A ftJA MaIngpluafm Pau vadly Phone 9'78.699.991 11 �
299 Holt Read fu 97'9.194 OMa ➢ e, j � r �1;�°
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Mardi Andover P:larrning Berard.
120 Main. , t.rect
North Andover,over, 01845,
5,
Re: Applications for site Plana Review mm Massachusetts
°Ir>f:.SETT °kl, Inc, Enrissitntas Control rarjec(,
18�5 I lt°Rtaard, lien°tlr
Dear Members,bers, of the Pl:an.nin B ar"dl
I arur writing on behalf"of Massachusetts REFUSE p'l CH, 111C. ("' I") to respond to
issues raised by the Board in the list of " p Permit Action Items" Provided. to MRI ,at lluc
Board's July 7, 1998 meeting, as well as issues raised by the Board's special counsel, air
quality eorasaalt,arut, and traffic consultant.
While we believe, that the scope of sitc plan review a as well as, the scope of condition
that rrrayf 1re attached to site Tarr approval) is limited to, a review of cwnpliance with the zoning
b,ylaww ,, members of the Board have expressed a variety of concerns that go beyond the question.
of zcraing eornzpliance lnu particular„ the conditions relating to public access to ` real fiirn „w
emissions monitoring data and anther air quality aruatters go, well be oind the cotidition
conte.niplaated by the site plan review bylaw,„ have no counterpart in existing fcd,c;ral or state
regulations, and would be unique to the North Andovet thicility. Nonetheless, it has been made
clear, to us that these issues are of vital concern two tuaenr b,ers of;the Board, and we wish to
resolve these issues in a cooperative manner. We believe further that it is imperative to r iove
Forward expeditiously with the eruris.sions control project to coinply with the requirements of
lire (Means Air, Act: Aniendmerrts and to realm the eruviror)truenutal benefits that will re uall frworn
the project. To thaat. end, if the Board promptly is,saaes a site plans approval allowing the
enOs icnrs control project, to proceed, and if the prrojeet ptoce ds in a tirnclyr fashion, MRI
would be willing to accept the following conditions, 14) he effective upon completion of the
project,ect, as part of the 'oird's site plan.approval. To the ruuaxiaurunn extent passible we have
accepted the conditions proposed lays the. Towwn's, air quality and traffic consultants. ('The "MR1
Perrarit Action items" are reprinted below in italics)
IW'v ayA DII M,,.ftv8
North Andover Planning Board
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Truck Routesff raflic
• All irur:ks to access & egress vr•a 125 connector
* B&jrd of HeaII12 to issuer rrurk route regulations
Inclrgle r•e•ference to B011 regs in decision
MRI to include truck routes in all coniravis for ash hauling
M I to notify NESWC ro advise all Y'o n Mgt of rer aired routers
}RI to incorporate approved Ineck routes it, all contracts withPl'ivate haulers
EMR[ shall place language in all new contracts, and in all renewals of existing contracts,
wiElx Injinicipal solid waste Haulers, ash haulers, and metals haulers requiring such
haulers to use all means practicable to (a) access the facility via Route 125 South, and
egress tlie. facility using Route 1 5 Forth and (b) comply With any applicable track
route regulations that may be issued by Oic Board of Health. This condition will apply
to all contracts that MRI tnteis into directly with the haulers. To the extent that
equivalent provisions do not already exist in the existing contracts, MRJ will use its
best efforts to incorporate the above requirements in the existing contracts by January
31, 1999.
E Notwithstanding the preceding condition, with respect to contracts for municipal solid
waste originathig within the Town of North Andover, MRI shall place language ill all
new contracts, and in all renewals of existing contracts, requ iring haulers of such waste
to (a) use all means practicable to tmsure that deliveries to the facility arrive via Route
125 South and egress by Route 125 North, b) coniplY with any applicable truck route
regulations that may be issuted by the Board of Heald,, and (c) provide. the Town
Mamger and MR[ with a list of vebieles providing in-town service, and update such list
When the vehicles change.
A At least annually and whenever requested by the Town Manager, MRI shall: send to the
contract haulers reminders of the route restrictions with a rt minder that failure to
comply with the route restrictions may result in revocation of the contract or silspel'sion
of tipping privileges. MRI shall send copies of such reminders to the To i� IV1anag ,
E MRT. Oiall provide written WaTnings to any contract hauler that MFi deterrninec has
violated the route restrictions notifying the baulei that fai)ure t� coi�tply with f��e route
restrictions inay resuIt in revocation of the contract or suspension of tippi� privileges.
MRI shall scild copies of such warnings to the Town Manager.
'r
North Andover Planning Board
July 31, 133 . . ... .. .... .... . ..... ....... ........ .......... . ..... .... .. . .. .
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■ At ]cast annizally and whenever requested by the Town Manager, MR1 shall semi
remindcrs of the. route restrictions to NESWC with a request that NESWC advise its
member communities about the route restrictions. i lR1 shall sent] wpies of Such
reminders to the Town Manager.
• Conditions recommended by the log n's Ira0c consultant
■ ?1 Ri shall propose and fund the installation of truck turn warming signage along, Route
125 northbound, ,lust prior to the Route 125I1-Ialt Road intersection, subject to approval
and implementation by the Massachusetts Highway Department_
wMR[ shall propose and fund center and shoulder-line painting along Holt Road between
Route 125 and the MRI facility, subject to approval and implementation by the Nord]
Andover Department of Public Works.
N MRI shall propose and Rind installation of a YIELD sign for right turns from Holt
Roar] unto Route 125 southbound, subject to approval and implcintntation by the
Massachusetts Highway Department and the North Andover Department of Public
Works.
Air (duality Monitoring'
• MW to defign sojilvare to store emission data on electronic media
• Rf to design software to provide aIgurathrrrs to provide C(rnfinuous peiformance
data of emissions vs, spec (ie 4 h.r• avg, 24 hr- avg etc)
• MRI to provide elearonic feed to BON for consultani), plus see up display CRC'
in a public place (Tibraiy)
i Pablic Access to Compliance Data in Real Tim-,. Upon Completion of the emissions
control project, RI shall arrange for public access, via telephom modem, to M I's
database conaputer for the purpose of public ac€fuisition of COrttitt OUS ern issions and
operational inorutoring data, suitably time averaged fbr compliance demonstration as
2 The Board's air gw-di c:.tnralttant, Alternative Resources, Inc. ('AR1") concluded in its.duly 1999 report
to t€re ]bard (hat the proposed emissions conlrot project complies with the site plan reviaw critcriwi TOating to
sIgnineaTnt increases in now, dwa, mnoke, or vibrai[on(Section.8.,3(6)(a)(ii)). Nonetheless, Mttt will accept air
duality conditions tha( arc ]car€y identical to the condttrtkm, rtLtIMTnended by ARI. MRI's additions to ARI`s
conditions art; st)ccirically noted,
Forth Andover planning Board
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defined by applicable DFP and US EPA permit cunditiovs, rcgulations, and guidelines,
P-ahlie access in this regal-d shall be unrestricted as to who may access the data, and as
to time of day or clay of wcck. M I shall. make the data publicly available via modem
access on as near to a real-thne basis as reasonably practicable. Under normal
operating conditions, this means that the data shall be publicly accessible no more [hall
twelve hours folIowing (lie end of the data time-averaging Defied re€ aired for
compliance demonstration, Upon request by the Tow% MDI shall install a computer,
modern telephone Iitue, and modem in the 'Town's library to facilitate ready public
access to the data,
The spcciffc continuous monitoring data to be made publicly available is as follows:
Wst Decent.QouWIjance Datti
The latest monitored cinissions and operating levels, compared with permit
Jirnits �grapliical fu3. at), specifically:
lfar Dioxide, 4-hour average geometric mean concentration and the
r'cinoval efficiency
m- Nitrogen Oxides, 24-hour daily arithmetic average concentration
-- {opacity, 6-minute average percemage values, daily suitunary
-_ Carbafl Jvlonoxide, 4-hour black arithinctic average
-- Flue Gas Tcinperature at the fabric filter inlet, 4-hoar block arithmetic;
average
• HistoricaLCD=V iancc Summaries
-- for each continuously mnnitored parameter above, an historical
compliance summary (examples: prior week's data, last six mrombs'
data). The format, graphicaI or tabular, shall clearly convey the
number, dates, and magnitudes of any exc;eedances of applicable Iiin its
.
• Equipnatnt f&Mruj n Sc nrnarics
-- Summaries of tune periods during which each continuous moniwrilig
system was inalfunctiauing while the fk6lity was operational, as
iioperational" is defined by applicable regulations.
North Andover Planning, Beard
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Quarter]y cumulative sTinirnUies of sucb malfunction tillle.
The Board of I le'lth can I'Mrid the above listing to be consistent with future cl}anges in
DEP or T35 EPA continuous monitoring requirctuents. The Board of Health and MR1
may amend the listing at aTiy time by mutual written agreement.
E Compliance, l ecor&, No later than live, businoess days Following their submission to
the regulatory agency by MR1, A4R1 inust deliver to the Town Manager two copies of
each periodic (c.g., Monthly , QuarterlY, 9-month, annual) report required by federal,
state, or local permits andler regulations relating to air quality-
a lnspectioll of Facility Operations acid Records- The Board of Health and its Agents
shall have, the right to both unannounced and scheduled inspection. of arty and all
facility operations and operating records generated after the Effective Date (as defined
below),' as required to assess coinpliancc of the Facility With pef L 3itn'L' and
conditions imposed by US EPA, DI P, and the Town, and compliance with the
applicable air quality m ulatioils of those entities. The right to such inspections is
unrestricted in frequency, tinting, or duratiotr, provided that shell inspections are
conducted in the presence of the Plant Manager or his designated representative, in a
manner that does not umieccssarily disrupt MR1 facility operations and in compliance,
with MR health and safety policies and procedures.
Sobel Wtste Monitoring
RI to develop a monitoring plan
-- VMar to test
-- Observe ash work loading
-- Frequency
E Inspection for Ash Dusting. The Board of Health and its Agents shall have the tight to
periodic unannounced inspections for the purpose of determining lTcther ash-Dandling,
storage, aid load-out operations comply with the US EPA and D EP requirt-'MeTICS
The new [Mean Air Act Amendmunt requiremcnt+e do not apply until tine erntssiwis control proju t has
bm:n oasnpleted.
3 we are proposing th'a1 [leis proviso hLc added to she language.proposed Uy ART xT1 order to enstm: the
safely 4iF MR] ernpioyceg and vis unq to the plant and to encou�ssgc cand�tions under which Eta+ i��s��ections will sx)t
unnc:cessaffly <iisrupt plank operadons.
North Andover Planning Board
... . ........July'31, 199 .... . . .................. .. ... . . .. .. ... .... . ... ...................:................... . . ........... .. ....... ..... .................... .
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r-,stiicfing visible er lissdons, with such cotnpliatice to be deterinined as specified by
those agelciesI regu[ajions- Such inspections sliall be conducted in the presence of Ole
Plant Manager or his designated representative, in a rnanncr that does not unrtece sarily
disrupt MR facility uperattons and in compliance with iv1RI health and safety policies
and prot;edures.
Other
• Esrabirsh criteria and procedier-e to norib town officials (B011) in the case of a
"significant ei,ent'
# Fstablish criteria. to [rigger automatie Plant shutdowns in extraordina?y
�:i�•cu�aastrfr�ce.r
-- Emissions
-- Weather
-- Ls'r�uip�r�ertt,faifrc�•r .
ARI to provide cost estimate of woniforing program:
Permit should include language prohiNting .elude burning
Shut-1]own of cmlxustor Units. MRf is required to promptly the charging of
municipal solid waste to a combustor unit if any of the followhig criteria is met as to
that c o hustor unit;
• I'lottntial for Stack Exhaust Fars Failure
-- The forced draft or induced draft fan ceases to function. An interlock is
required thit automatically prevents the further ebarging of waste to the
affected combustor €nit, until the fart resu mcs service.
« Potential for Excess Emissions from Jnadequate Combustion Efficiency
�- On start-up, furnace gas temperature, as ineasured at Elevation 125` - 0 '
(T1 & T ), less than 1600"F {whjcb is equivalent at. 1 00°F at the on,
second gas r ,;idcnce tune plane). An interlock is required that
Wv �irC proposing that this scatence be added to the I,4ongta4jge proposed by ARI in order to CASUfC the
safety of NMI eEuployccs and visitors to the pinut and to encourage condifluns wider which the inspections will no(
Unnccussarily disrupt Ptant aPeT-wi()ut-
North Andover Planning Board
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automatically prevents the charging of waste to the affected combustor
unit, Until the temperature criterion is niet.
During waste combustiolf, 1brnace gas temperature measured at
Elevation 12 5° - 0" drags below 1b00T for more than three bours.
Operator rust promptly cease the charglj3g of waste to the affected
combustor unit, and cannot resvine. charging until the tt"WeratkIrc
criterion is mct.
Potential for Excess Emissions from Failure of the Fabric Filter
More than ifu'ec fabric filter modules are out-of-seivice (isolated).
Operator must promptly cease tYte charging of waste to the affected
combustor unit, and cannot resunne charging until sufficient mod Ults arc
in service,
• Potential for Execss Emissions from ,Scrubber Failure
-- Temperature exceeds 450'F at fabdr, filter hilct; i.e., following the
spray-dry absorber (scrubber). An interlock is required that
automatically provejits flee farther charging of waste to the affected
cowbustor unit, until proper scrubber furYctioning is restored, as
cvidenced by the le�jjperature at the fabric filter inlet,
R- Licwe-slurry feed to tlic spray-dray absorber int rruptec] far .snore. than
four hours. OperaEor must promptly cease the charging of waste to the
affected combustor unit, until lime-slurry feed i restored.
MR[ shall maintain a written record on site of the occurrerce date and tune) of any of
the above events, and the reason, to the extent known, fc�i the occurrence.
0 Whenever MRI is required by Permit to notify a regulatory a eivcy Of art accident or
violation, M Rl slia it also notify the Town Manager v iIhin five (5) working days.
0 MR1 shall lot c;ornhust sewage sludge in [he combustor units.
North Andover Planning Board
,fuly ,31" 19,98,
Page 8
Addiflomal Issues Raised By Special Town otinsel and Others
In MRI shall pay the: Town twenty-five thousand dollars ($25,000) per year in additioi-i R)
any p,aymenls made under the Host Conmiunity Agreement between MRI and the Town
for the purpose of funding air quality monitoring activities relating to the facility, The
.first such annual air quality monitoring payment shall be made upon, compittion of the
enflssjons control, project. This obligation shall cease upon the tertnitiation of the
operation Of the raci I i ty,
N MRI shall provide fi,Tuncial security in as form acceptable to the Board in the artiount of
fifty thousand dollar 0,,000) to be used by the Tmvn for exptrises, incarred by the.
Town should the facility be abandoneci or extraordinary expetises, illC'Urred by the 'rown
to provide eT,,ncrgcncy services at the facifitY While it is, in OPeration.
ff Modification of Air Quality Conditions. The Board of Health and MRI may modify the
air qua lit conditiom set forth abovc by mutual written agreement.
N Effective Date, Urdess offierwise specified, the conditions licrciii shall be effective
u,pon conipletion of the e-missions control pruiva.
We took. forward to discussing [bese issues with the Board,
Silicerely,
ee
,Iamcs P. McIver
Plant Manager
CC' Keruieth L Kirnmell, Esq.
I)OCSM559362