HomeMy WebLinkAboutDEP - Operational Testing Activities conditional Approval - Correspondence - 210 HOLT ROAD 8/17/2022 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
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Department of Environmental Protection
Northeast Regional Office•,?05B Lowell Street, Wilmington MA 01887.978-694-3200
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Governor `\cC Secretary
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August 12,2022
Jeff Thomson RE: NORTH ANDOVER—Solid Waste Management
Thomson Brothers Industries, Inc. TBI,Inc.
210 Holt Road 210 Holt Road
North Andover, MA 01845 FMF#: 291857
Operational Testing Activities
Conditional Approval
Dear Mr. Thomson:
The Massachusetts Department of Environmental Protection,Northeast Regional Office,Bureau of
Air and Waste, Solid Waste Management Section(MassDEP)has received your letter, dated
July 5,2022 (the July 2022 Letter)requesting approval to perform operational testing of the
reconstructed waste processing line at the TBI, Inc. Solid Waste Facility (the Facility) located at
210 Holt Road in North Andover, MA. The letter requests approval to run up to 200 tons of
waste per day (tpd) through the processing line for a period of approximately 30 days prior to the
issuance of the Final Authorization to Operate permit(ATO permit) for the Facility.
Background
TBI, Inc. (TBI) operates the Facility under permits issued pursuant to the Massachusetts Solid
Waste Management Regulations at 310 CMR 19.000.
The Facility's waste handling building and waste processing line were destroyed on August 20,
2019 during a catastrophic fire. As a result, waste handling operations at the Facility ceased.
On December 26, 2019, MassDEP issued a decision(Authorization Number: SW45-0000058)
that allowed the Facility to resume limited waste acceptance and recycling (up to 300 tons per
day)prior to rebuilding the Facility and resuming full C&D Waste processing.
On March 19, 2021, a second fire occurred at the Facility inside the reconstructed waste handling
building during the installation of waste processing equipment.
This information is available in alternate format Contact Glynis Bugg at 617-348-4040.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
jWk
TBI, Inc.—Startup and Testing Activities ,
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On March 1, 2022, MassDEP issued a Conditional Approval for reconstruction and certain
modifications of the Facility (Authorization Number: SW07-0000022).
On June 27, 2022, a Construction Certification was submitted to MassDEP,together with"as-
built"plans that document reconstruction of the Facility is substantially complete and the
equipment is fully operational. The construction certification documents were prepared and
submitted to MassDEP on behalf of TBI by Green Seal Environmental, Inc. of Sagamore Beach,
MA (GSE).
As described in the July 2022 Letter, the proposed startup testing of the Facility equipment will
occur for approximately 30 days and consist of the following:
• Processing up to 200 tons per day (tpd) of mixed C&D Waste (processed in 100-
ton increments in order to track recycling rates)through the waste processing line.
• TBI will provide a summary on the testing as part of the monthly reporting related
to the Minimum Performance Standards (MPS) for C&D Waste Processing
Facilities.
Following the completion of startup testing, MassDEP anticipates issuance of a Final
Authorization to Operate (ATO) for the Facility.'
DECISION
MassDEP has determined that the Permittee's request to conduct startup and testing activities at
the Facility with a limited quantity of waste materials, as conditioned by this decision, complies
with the requirements of 310 CMR 19.000. Therefore, in accordance with M.G.L. Chapter 111,
§ 150A and 310 CMR 19.000 MassDEP approves certain activities related to startup operation
and testing of the Facility prior to issuance of the Final ATO permit subject to compliance with
the conditions imposed by MassDEP pursuant to 310 CMR 19.043.
In the event this approval conflicts with all or parts of other prior plans or approvals issued
pursuant to Chapter 111, § 150A, the terms and conditions of this approval shall supersede the
conflicting provisions of the prior approvals. This approval does not convey property rights of
any sort or any exclusive privilege. This decision does not relieve the Permittee, or any other
person, of the responsibility to comply with all other applicable federal, state, and local statutes,
regulations, and requirements.
As part of this decision, MassDEP is not approving the Operation and Maintenance Plan
included with the Construction Certification and is not issuing an Authorization to Operate
(ATO)pursuant to 310 CMR 19.042,Authorization to Operate for the Facility. The ATO will
be the subject of a separate decision.
On December 19,2018,TBI submitted an ATO renewal application for the Facility(18-SW07-000009-APP). The
ATO application is currently on hold pending completion of the Facility reconstruction.
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TBI,Inc.—Startup and Testing Activities
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This decision is issued by MassDEP in accordance with M.G.L. Chapter 111, § 150A and 310
CMR 19.000.
CONDITIONS
1. The Permittee 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. The Permittee shall ensure persons conducting activities at the Facility are familiar with
the applicable provisions of this decision and the approved plans, and that all work
performed at the Facility complies with 310 CMR 19.000 and the applicable
requirements of this decision.
3. All testing and startup operations shall be completed and conducted under the supervision of
an independent Massachusetts Registered Professional Engineer("Engineer of Record")
who shall have sufficient qualified staff on-site to provide field supervision and quality
assurance/quality control for all startup activities.
4. The Permittee and the Engineer of Record are responsible to ensure that all necessary
precautions are taken to protect the health and safety of workers and the general public
during the testing and startup activities at the Facility.
5. The activities subject to this decision shall be carried out in a sanitary, orderly, and
dependable manner.
6. During startup operation of the Facility and until such time as the Permittee has obtained
MassDEP's decision on the application for renewal of the Facility's Authorization to
Operate and MassDEP has issued a new ATO for the Facility, the Permittee shall:
a. operate the Facility in accordance with MassDEP's existing decision regarding interim
operation of the Facility, issued December 26,2019(Authorization Number: SW45-
0000058), except as specifically modified by this decision;
b. accept at the Facility not more than 500 tons per day of construction and demolition
waste (C&D Waste) and commercial solid waste (CSW) materials; and
c. process not more than 200 tons per day of solid waste through the Facility's waste
processing equipment.
7. The operation and maintenance of the Facility during testing and startup operations shall be
performed in accordance with the Updated Operation&Maintenance Plan for the Facility,
dated June 2022, as contained in the Construction Certification.
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TBI,Inc.—Startup and Testing Activities
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8. The Permittee shall submit to MassDEP, with a copy to the North Andover Board of
Health, letter reports no later than the 15t' day of each month that summarize the facility
operations for the preceding calendar month.
9. This approval expires on October 31, 2022, unless extended in writing by MassDEP.
10. 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.
11. The Permittee shall comply with the notifications described in this decision 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,
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. The Permittee shall notify MassDEP and the North Andover Board of Health within
twenty-four(24) hours whenever possible, but in no case greater than within forty-
eight(48) hours of TBI, the Engineer of Record or contractor(s), becoming aware of:
i. The occurrence of any conditions or events that 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 Facility; and
iii. The receipt by the Permittee of any complaint of off-site nuisance
conditions attributed to the Facility.
b. This written notification shall be made by email to the MassDEP Northeast Regional
Office:
Mark Fairbrother, Solid Waste Section Chief
Email: mark.fairbrothergm� ass.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 the Permittee has taken or intends to take to
minimize the potential for a recurrence.
12. Pursuant to 310 CMR 19.043 Standard Conditions, MassDEP and its agents and employees
shall have the right to inspect the Facility, any equipment,structure, or land located thereon,
to take samples,to perform tests, and have access to and photocopy records,and to
otherwise monitor compliance with this permit and all environmental laws and regulations
administered by MassDEP.
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TBI,Inc.—Startup and Testing Activities
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13. MassDEP reserves the right to amend, modify, suspend, or revoke this decision pursuant to
310 CMR 19.036 Department's Modification, Suspension, or Revocation of a Permit. This
does not limit or restrict MassDEP from implementing any other applicable authority at the
Facility including, but not limited to authority pursuant to 310 CMR 40.0000.
NOTICE OF RIGHT TO APPEAL
TBI, Inc. (TBI) 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 TBI 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 TBI to exercise the right provided in
this section shall constitute a waiver of the TBI'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
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
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TBI,Inc.—Startup and Testing Activities
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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, please contact Stephen Forrest by email to: stephen.forrestkmass.gov.
Sincerely,
Mark G. Fairbrother �� Stephen Forrest
Section Chief Environmental Analyst
Solid Waste Management Solid Waste Management
MGF/SJF/sjf
Enclosure: Communication for Non-English-Speaking Parties
cc: Brian LaGrasse
North Andover Board of Health
120 Main Street
North Andover,MA 01845
Email: bla rg asse@northandoverma.gov
Peter Flood(Green Seal Environmental, Inc.)
Email: peter(a_gseenv.com
•
0811212022