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Home My WebLink AboutDEP Solid Waste Mngt - Correspondence - 285 HOLT ROAD 3/7/2023 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 RE ce%X � Rebecca L.Tepper Governor Secretary Kimberley Driscoll GaryMoran Lieutenant Governor Q� M�NOa�Na��Nl F� Acting Commissioner SO`N Of' 0e?N February 24,2023 H Lt. Paul Cotter RE: NORTH ANDOVER—Solid Waste Management Lynn Police Department Wheelabrator North Andover, Inc. Records Division—Keeper of Records 285 Holt Road SORB & Firearms Licensing Officer FM #: 132771 300 Washington Street Lynn, MA 01902 Destruction of Confidential Documents Waste Ban Waiver-310 CMR 19.017(5) Dear Lt. Cotter: The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the February 23, 2023 e-mail you submitted on behalf of the City of Lynn Police Department (the Lynn Police Department) 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 request,the Lynn Police Department has identified law enforcement sensitive documents which require secure disposal. The request estimates that the Lynn Police Department will deliver approximately 20-30 boxes of paper records for disposal in March of 2023. MassDEP has previously issued waivers to the Lynn Police Department for the disposal of similar materials. 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 CMR 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 March 31, 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 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 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 Lynn Police Department Waste Ban Waiver 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 Lynn Police Department 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 Lynn Police Department 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 Lynn Police Department to exercise the right provided in this section shall constitute a waiver of the Lynn Police Department'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 100 Cambridge Street-9th Floor Boston, MA 02108 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, provided that a matter may be raised upon a showing that it is material and that it was not reasonably 0212412023 NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 3 of 3 Lynn Police Department Waste Ban Waiver 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: kbeaureg@win-waste.com Matt Hughes,Win Waste Innovations Email: mhughes@win-waste.com Diane Jones, Lynn Police Department Email:Jones@Iynnpolice.org John Fischer, MassDEP-Boston/BAW 0212412023 f L _. ___ �___ ..� -.�__ _� _ __..�__