HomeMy WebLinkAboutWaste Bank Waiver - Miscellaneous - 285 HOLT ROAD 2/13/2023 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•150 Presidential Way Woburn, MA 01801 • 978-694-3200
Maura T.Healey �GSOSO Rebecca L.Tepper
Governor I'S Secretary
Kimberley Driscoll ���- 491 Gary Moran
Lieutenant Governor F�� PPNO�N-( Acting Commissioner
February 8, 2023 N
Enza Sheehan RE: NORTH ANDOVER—Solid Waste Management
Supervisory Administrative Specialist Wheelabrator North Andover, Inc.
FBI, Boston Division 285 Holt Road
201 Maple Street FMF#: 132771
Chelsea, MA 02150
Destruction of Confidential Documents
Waste Ban Waiver-310 CMR 19.017(5)
Dear Ms.Sheehan:
The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the February 2,
2023 e-mail you submitted on behalf of the Federal Bureau of Investigation, Boston Division (FBI)
requesting a waiver from the Massachusetts Waste Ban requirements in order to dispose of confidential
material at Wheelabrator North Andover, Inc., a municipal waste combustor located in North Andover,
Massachusetts. According to your email,the FBI has identified certain materials consisting of
confidential documents and other items, including but not limited to paper, metal,cloth, plastic, and
drugs. which require secure disposal. The request estimates that the FBI will deliver approximately 2
tons of the subject materials for disposal in three to four shipments between May of 2023 and May of
2024.
MassDEP has previously issued waivers to the FBI for the disposal of similar materials and your request
explains that the FBI has a continuing need for the secure disposal of the subject materials. 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 CM 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 June 30, 2024.
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.Melixza Esenyie at 617-626-1282.
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
FBI, Boston Division 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) 254-5525 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.
NOTICE OF RIGHT OF APPEAL
The Federal Bureau of Investigation, Boston Division (hereinafter FBI) 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 FBI 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 FBI to exercise the
right provided in this section shall constitute a waiver of the FBI'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 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
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
Massachusetts Department of Environmental Protection
Cambridge Street—9th Floor
Boston, MA 02114
and
Eric Worrall, Regional Director
Massachusetts Department of Environmental Protection
Northeast Regional Office
150 Presidential Way,Suite 300
Woburn, MA 01801
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,
0210812023
NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 3 of 3
FBI, Boston Division Waste Ban Waiver
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 978-447-3573 or write to the letterhead address.
Sincerely,
Mark Fairbrother, Section Chief
Solid Waste Management
M G 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,Win Waste Innovations
Email: kbeaureR@win-waste.com
Matt Hughes, Win Waste Innovations
Email: mhughes@wi -waste.com
John Fischer, MassDEP-Boston/BAW
0210812023