HomeMy WebLinkAboutSolid Waste Mngm - Correspondence - 210 HOLT ROAD 4/11/2023 i
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
REG��v�O
Maura T.Healey Rebecca L.Tepper
Governor �Q,13 Secretary
Kimberley Driscoll PQ� OOVER Bonnie Heiple
Lieutenant Governor c� P Commissioner
March 31,2023
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
Interim Operations—Extension
Conditional Approval
Dear Mr.Thomson:
On August 12,2022,the Massachusetts Department of Environmental Protection,Northeast
Regional Office,Bureau of Air and Waste, Solid Waste Management Section(MassDEP)issued a
Conditional Approval(the August 2022 Approval) for certain operational testing activities at the
TBI,Inc. Solid Waste Facility (the Facility)located at 210 Holt Road in North Andover,MA.
The August 2022 Approval allowed the processing of up to 200 tons of waste per day (tpd)
through the processing line prior to the issuance of the Final Authorization to Operate permit
(ATO permit) for the Facility.'
On December 30, 2022, MassDEP issued an approval for continued operation of the Facility (the
December 2022 Extension)prior to issuance of the Final Authorization to Operate (ATO) permit
subject to certain conditions. The December 2022 Extension allowed for receipt and processing
of construction and demolition(C&D)waste up to the daily waste acceptance limits set forth in
the Facility's existing ATO issued in 2012.
Background
TBI, Inc. (TBI) operates the Facility under permits issued pursuant to the Massachusetts Solid
Waste Management Regulations at 310 CMR 19.000,including without limitation a Facility
Permit and Authorization to Operate issued on March 16, 2009 and revised October 31, 2012
(the 2012 ATO).
'On December 19,2018,TBI submitted an ATO renewal application for the Facility(18-SW07-000009-APP).
This information is available in alternate format.Please contact Melixza Esenyie at 617-626.1282.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.govldep
Printed on Recycled Paper
I
NORTH ANDOVER—TBI,Inc.
Interim Operations-Extension Page 2
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.
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 documenting that 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).
TBI has reported to MassDEP that operational testing of the waste processing line is complete,
with further equipment adjustments completed in March 2023, and the Facility is capable of full
operation at the previously approved tonnage limits set forth in the 2012 ATO. Without
limitation,the 2012 ATO established waste acceptance limits of not more than 625 tons per day
on any given day, and an average of not more than 500 tons per day.2
MassDEP anticipates issuance of a Final Authorization to Operate (ATO) for the Facility in
April 2023.
DECISION
MassDEP has determined that the Permittee's request to continue waste handling activities at the
Facility, including processing of construction and demolition(C&D)waste up to the daily limit
of waste receipt as set forth in the 2012 ATO, and 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 operation 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.
z Average based on annual tonnage and days of Facility operation.The Facility operates 6 days per week.
NORTH ANDOVER—TBI,Inc.
Interim Operations-Extension Page 3
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.
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 operation of the Facility until such time as the PermitteG 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 625 tons per day on any given day, and an
average of not more than 500 tons per day, of construction and demolition waste
(C&D Waste) and commercial solid waste (CSW)materials;
c. process all C&D Waste through the Facility's waste processing equipment; and
NORTH ANDOVER—TBI,Inc.
Interim Operations-Extension Page 4
d. remove and divert from disposal all waste ban materials from every waste load
accepted by the Facility for disposal, or transfer for disposal,to the greatest extent
possible, in accordance with 310 CMR 19.017: Waste Bans.
7. The operation and maintenance of the Facility shall be performed in accordance with the
Updated Operation&Maintenance Plan for the Facility,dated June 2022,as contained in
the Construction Certification.
8. The Permittee shall submit to MassDEP,with a copy to the North Andover Board of
Health, letter reports no later than the 15''day of each month that summarize the facility
operations for the preceding calendar month.
9. This approval expires on May 31, 2023, unless extended in writing by MassDEP.
10. Any additional activities or modifications not described in the Application shall require
notification of MassDEP,and may require 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.fairbrother@,mass.gov
Telephone: (617)780-2356
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.
NORTH ANDOVER—TBI,Inc.
Interim Operations-Extension Page 5
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.
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 19.03 3(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
100 Cambridge Street—9th Floor
Boston, MA 02114
and
Eric Worrall, Regional Director
Department of Environmental Protection
150 Presidential Way, Suite 300
Woburn,MA 01801
NORTH ANDOVER—TBI,Inc.
Interim Operations-Extension Page 6
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,please contact Stephen Forrest by email to: stephen.forrestgmass. og_v.
Sincerely,
044,ev
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 r�assegnorthandoverma.jzov
Peter Flood (Green Seal Environmental, Inc.)
Email: peter(a)gseenv.com
Patsy Sperduto(Boston Carting Services,LLC)
Email: psgbostoncarting.net
Michael Elliot(MassDEP-Boston/BAW)