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HomeMy WebLinkAboutRevised Facility Permit - Correspondence - 210 HOLT ROAD 5/30/2023 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 N� Rebecca L.Tepper Governor R�M� Secretary Kimberley Driscoll -�N��PP �� Bonnie Heiple Lieutenant Governor N�P Commissioner May 25, 2023 Jeff Thomson RE: NORTH ANDOVER—Solid Waste Management TBI, Inc. Thomson Brothers Industries, Inc. 210 Holt Road 210 Holt Road North Andover, MA 01845 FMF Number: 291857 BWP SW07/Modification of Handling Facility— Large Authorization No.: SW07-0000031 Revised Facility Permit/Authorization to Operate and Updated Waste Ban Compliance Plan Dear Mr.Thomson: The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau of Air and Waste, Solid Waste Management Section (MassDEP) has reviewed your application, category BWP SW 07 Modification of Previously Approved Permit-Large Application Number: 18-SW07-000009-APP, dated December 19, 2018 (the Application), regarding the TBI Inc. Solid Waste Processing and Transfer Facility located at 210 Holt Road in North Andover, MA (the Facility). The Application was prepared and submitted to MassDEP on behalf of TBI, Inc. by Green Seal Environmental, Inc. of Sagamore Beach, MA (Green Seal). Green Seal also submitted supplemental information to support the Application on June 27, 2022. DISCUSSION On May 19, 2008, MassDEP issued an Authorization to Construct (ATC) to TBI, Inc. for construction of the Facility. MassDEP subsequently issued a Facility Permit and Authorization to Operate (ATO) for the Facility on January 30, 2009 (revised ATO Permits for the Facility were issued in March 2009 and October 2012. The Facility is currently permitted to accept up to six hundred twenty-five (625) tons per day (tpd), five hundred (500) tpd average, of construction and demolition waste (C&D Waste) and commercial solid waste (CSW). 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—Thomson Brothers Industries, Inc. Page 2 Revised Authorization to Operate May 2023 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 that contains "as-built" plans documenting reconstruction of the Facility and updated operational plans. MassDEP has determined that the Application, as conditioned by the attached Facility Permit and Authorization to Operate (the Permit), complies with the requirements of 310 CMR 19.000 including, but not limited to, 310 CMR 19.200. The enclosed Permit supersedes and replaces in its entirety the Facility's prior Authorization to Operate, and prior approvals of the Facility's Operation and Maintenance Plan and Waste Ban Compliance Plan. The Applicant, if aggrieved by the Department's decision, may request that the decision be deemed a provisional decision. See Section IX.,Appeal Rights, of the enclosed Permit. If you have any questions regarding this matter, please contact Stephen Forrest at telephone number 978-447-3573, or by email to stephen.forrest@mass.gov. Sincerely, ;67%r,ZL f f Mark G. Fairbrother Stephen J. Forrest Section Chief Environmental Analyst Solid Waste Management Solid Waste Management MGF/SJF/sjf Enclosures: Facility Permit and Authorization to Operate Communication for Non-English-Speaking Parties cc: Brian LaGrasse North Andover Board of Health 120 Main Street North Andover, MA 01845 Email: blagrasse@northandoverma.gov Peter Flood (Green Seal Environmental, Inc.) Email: peter@gseenv.com Patsy Sperduto (Boston Carting Services, LLC) Email: ps@bostoncarting.net Tom Adamczyk (MassDEP-Boston/BAW) 0512512023 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 Rebecca L.Tepper Governor Secretary Kimberley Driscoll Bonnie Heiple Lieutenant Governor Commissioner MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF SOLID WASTE MANAGEMENT FACILITY PERMIT AND AUTHORIZATION TO OPERATE - RENEWAL SOLID WASTE PROCESSING &TRANSFER FACILITY Effective Date: May 25, 2023 MassDEP Region: Northeast SMS Facility No.: 291857 Expiration Date: See Section Vill, below. Regulated Interest No.: 291858 Permit No.: NESW-TS-060 Authorization No.: SW07-0000031 I. FACILITY DESCRIPTION Name of Permittee: Thomson Brothers Industries, Inc. Mailing Address: 210 Holt Road North Andover, MA 01845 Name of Facility: TBI, Inc. Solid Waste Facility Facility Address: 210 Holt Road North Andover, MA 01845 Types of Waste Handled: Construction and Demolition Waste (including incidental Category 3— Bulky Waste) and Commercial Solid Waste (See Specific Conditions, Section VI.A.) Amount of Waste No more than 620 tons per day of waste on any given day. Accepted: No more than 500 tons per day average.' No more than 156,000 tons of waste in any calendar year.' (See Specific Conditions, Section VI.A.) ' Average based on annual tonnage and days of Facility operation. z The Facility operates 6 days per week,or 312 days per year. This information is available in alternate format.Contact 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—Solid Waste Management Page 2 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Current Application: Authorization to Operate Large Handling Facility(BWP SW07) Thomson Brothers Industries, Inc. Application Number: 18-SW07-000009-APP Dated: December 19, 2018 The current application is an application for renewal of an Authorization to Operate for an existing Solid Waste Processing and Transfer Facility. The Application was prepared by Green Seal Environmental, Inc. of Sagamore Beach, MA. Subsequent to the submittal of the 2018 application,the Facility was reconstructed pursuant to separate MassDEP review and approval (Authorization Number: SW07-0000022). An updated Operation & Maintenance Plan and Waste Ban Compliance Plan for the Facility were submitted with the Construction Certification Report prepared by Green Seal Environmental, Inc., dated June 27, 2022. Related Permits/Submittals: Authorization to Construct Application: ATC- Large Handling Facilities (BWP SW05) Approved: May 19, 2008 Transmittal Number: W143646 Prepared By: Brown and Caldwell Dated: August 2, 2007 Revised (through): March 12, 2008 Operation and Maintenance Plan Application: ATC- Large Handling Facilities (BWP SW05) Plan Title: Operation and Maintenance Plan TBI, Inc. Recycling Facility and Solid Waste Transfer Station Approved: May 19, 20083 Transmittal Number: W143646 Prepared By: Brown and Caldwell Dated: March 2008 Air Quality Permitting Application: Limited Plan Application (BWP AQ01-B) Determination: September 28, 2007 (application not required) Transmittal Number: W155089 Prepared By: Epsilon Associates, Inc. Dated: September 17, 2007 s This permit approves updated operational plans for the Facility,revised 2022. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 3 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Authorization to Operate Submittal: ATO - Large Handling Facilities (BWP SW07) Approved: March 16, 2009 Transmittal Number: X224062 Prepared By: Brown and Caldwell Dated: January 30, 2009 Installation of Concrete Pad Application: Alternative Review Process, Any Facility (BWP SW45) Approved: April 19, 2011 Transmittal Number: X237656 Prepared By: Green Seal Environmental, Inc. Dated: April 1, 2011 Installation of Additional Processing Equipment Application: Modification of a Handling Facility, Large (BWP SW07) Approved: May 19, 2011 Transmittal Number: X236762 (submitted with revised WBCP application) Prepared By: Green Seal Environmental, Inc. Dated: April 26, 2011 Waste Ban Compliance Plan Application: Modification of a Handling Facility, Large (BWP SW07) Approved: October 31, 20121 Transmittal Number: X236762 Prepared By: Green Seal Environmental, Inc. Dated: April 26, 2011 Revised (through): September 9, 2011 Modification of Previously Approved Facility Improvements (Screen Size) Submittal: Design Revision, Modification of Processing Line Approved: October 25, 2012 Transmittal Number: X250713 Prepared By: Green Seal Environmental, Inc. Dated: September 25, 2012 Interim Operations Plan Application: Alternative Review Process, Any Facility (BWP SW45) Approved: December 26, 2019 Authorization Number: SW45-0000058 Prepared By: Green Seal Environmental, Inc. Dated: September 2019 4 This permit approves updated operational plans for the Facility,revised 2022. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 4 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Facility Modifications (Reconstruction of Facility and Waste Processing Equipment) Application: Modification of a Large Handling Facility (BWP SW07) Approved: March 1, 2022 Authorization Number: SW07-0000022 Prepared By: Green Seal Environmental, Inc. Dated: May 2020* *Note: The Construction Certification Report, dated June 27, 2022, includes an updated Operation & Maintenance Plan and Waste Ban Compliance Plan for the reconstructed Facility, prepared by Green Seal Environmental, Inc. II. PERMIT AND AUTHORIZATION TO OPERATE This decision is issued pursuant to 310 CMR 19.033 and is a permit issued pursuant to Massachusetts General Laws ("MGL") Chapter 111, § 150A and 310 CMR 19.000, subject to the conditions set forth below ("permit"). In the event this permit conflicts with all or parts of other prior plans or approvals issued pursuant to Chapter 111, § 150A, the terms and conditions of this permit shall supersede the conflicting provisions of the prior approvals. This permit does not convey property rights of any sort or any exclusive privilege.This Permit is also an Authorization to Operate ("ATO") the Facility pursuant to 310 CMR 19.042 (hereinafter referred to collectively as the "Permit"). In the event this Permit conflicts with all or parts of prior plan approvals or permits issued pursuant to c. 111, s. 150A and the solid waste regulations, the terms and conditions of this Permit shall supersede the conflicting provisions of such prior permits or approvals. This Permit is subject to the Permittee's compliance with 310 CMR 19.000 and the conditions of this Permit imposed by MassDEP pursuant to 310 CMR 19.043(1). This Permit does not convey property rights of any sort or any exclusive privilege. This decision does not approve the beneficial re-use of any solid waste or recovered materials subject to 310 CMR 19.060. In addition, this decision does not modify the Facility's existing Beneficial Use Determinations ("BUDs") and does not relieve the Permittee from complying with the requirements of any BUDs relative to the Facility issued by MassDEP. III. DEFINITIONS Unless indicated otherwise, the following terms in this Permit shall mean as follows: Action Level means levels or amounts of Waste Ban Materials that when met or exceeded in a waste load for disposal or transfer for disposal constitute a Failed Load. The Action Levels for the Facility are as follows: 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 5 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) • For any waste load with more than 0% by volume of the following Zero Tolerance Waste Ban Materials: lead batteries, mattresses, cathode ray tubes (CRTs), and Chlorofluorocarbons (CFCs)-containing white goods;' • For any waste load with 10% or more by volume of leaves and yard waste; • For any waste load with 10% or more by volume of recyclable paper(excluding corrugated cardboard6); • For any waste load with 10% or more by volume of textiles,single polymer plastic, metal and glass containers; or • For any waste load, excluding Category 1 C&D Waste loads as described below, with 20% or more by volume of combined asphalt pavement, brick, concrete, wood, metal and clean gypsum wallboard. Application means the application, category BWP SW07 Modification of a Large Handling Facility, Application Number: 18-SW07-000009-APP, submitted to MassDEP for the renewal to operate the Facility, and to update the Facility's Operation and Maintenance Plan and Waste Ban Compliance Plan. Subsequent to the submittal of the Application and pursuant to other approved applications, the Applicant reconstructed the Facility including certain modifications to the waste processing equipment. A Construction Certification, dated June 27, 2022, was submitted to MassDEP documenting the completion of facility modifications, together with as-built plans and a final Operation and Maintenance Plan for the Facility. Applicant means Thomson Brothers Industries, Inc. Asphalt Pavement, Brick, and Concrete (ABC) means asphalt pavement, brick and concrete from construction activities and demolition of buildings, roads and bridges and similar sources. Board of Health (BOH) or North Andover Board of Health means the Town of North Andover Board of Health. Bulky Waste means waste items of unusually large size; examples of bulky waste include but are not limited to, furniture such as tables, chairs, desks, carpets, and toys and temporary partitions such as cubicle walls. Construction & Demolition Waste (C&D Waste), as defined by 310 CMR 16.02, means the waste building materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads or other structures. C&D Waste includes, but is not limited to: concrete, bricks, lumber, masonry, road paving materials, rebar and plaster from the above activities with only incidental amounts of other solid waste. 6 If any waste load is identified by the hauler prior to tipping as containing source separated(e.g.,on top of the load) CFC containing white goods,mattresses,CRTs,tires, and/or lead batteries,the Facility may remove these materials from the waste load prior to tipping.Under this circumstance,the waste load is not a Failed Load. 6 Corrugated cardboard accepted in any quantity in any waste load is not a Failed Load if the corrugated cardboard will either be: a)separated and diverted from disposal in the Facility's processing of the waste;or b)the waste load will be transferred for separation at another facility. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 6 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Categories of Construction and Demolition Waste Material: • Category 1 - Construction and Demolition Waste and partially picked C&D Waste. Partially picked C&D waste may include, but is not limited to, materials that may have been previously Kick-Sorted off-site for the removal of metal, large pieces of wood, bulky waste, and Zero Tolerance Items, • Category 2 - Construction and Demolition Residuals, and • Category 3 - Bulky Waste. Construction & Demolition Fines (C&D Fines) means C&D Waste processed through an initial size reduction and screening process in accordance with a MassDEP Beneficial Use Determination (BUD) and prior to grinding which is: (a) three inches or less (3" minus) in size; (b) consists primarily of soil and other inert materials, and (c) in no case shall exceed 35%organic content by volume. Construction & Demolition Residuals (C&D Residuals) means C&D Waste that remains after recyclable materials (asphalt pavement, brick, concrete, metals, wood, clean gypsum wallboard, etc.) have been removed from C&D Waste to the greatest extent possible, which may include the C&D Fines if not separated out from the C&D Waste. C&D Residuals consist primarily of non-recyclable material. C&D Residuals include the materials that remain unpicked during Positive Pick Processing Operations and the non-recyclable materials that are picked from the mixed waste stream during Negative Pick Processing Operations. Department and/or MassDEP means the Massachusetts Department of Environmental Protection. Facility means the Thomson Brothers Industries, Inc. (TBI, Inc.) Solid Waste Processing and Transfer Facility located at 210 Holt Road in North Andover, Massachusetts, MassDEP Facility Master File Number: 291857. Failed Load means a waste load which, when delivered to and inspected at a handling or disposal facility is determined to contain a quantity of a material banned from disposal, or transfer for disposal, at or above an Action Level defined herein. Kick-Sorting means the partial separation of waste material which may include, but is not limited to,the removal of metal, large pieces of wood, bulky waste, Zero Tolerance Items (i.e., cathode ray tubes, tires, lead batteries and white goods). Layout Plan means the plan submitted by TBI, Inc. within the Document titled "TBI- Building Rebuild Construction Cert-June 2022" dated June 27, 2022, depicting the overall Facility layout including, but not limited to: the C&D Tipping Area, the Commercial Solid Waste Tipping Area, the Existing Bunkers, Proposed Bailer/Compactor, Misting System, Ground Wood Bunker, Fines Bunker, Residuals Fines Bunker, Load Out Area and the materials processing and storage areas. Municipal Solid Waste (MSW) means any residential or commercial solid waste. For the purposes of this Permit, MSW shall not include C&D Waste. MDPH means the Massachusetts Department of Public Health. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 7 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Negative Pick Processing Operations means the methodology, including manpower and equipment, to process waste materials by the direct removal of non-Waste Ban Materials from mixed C&D Waste loads. Materials remaining unpicked from Negative Pick Processing Operations generally contain mostly Waste Ban Materials but may contain some residual non-Waste Ban Materials. The non-recyclable materials that are picked from the mixed waste stream during negative pick operations are considered herein as C&D Residuals. Permittee means the Facility owner 7, Facility operator', and the Applicant. Positive Pick Processing Operations means the methodology, including manpower and equipment, to process C&D Waste by the direct removal of Waste Ban Materials to the greatest extent possible from mixed waste loads. Materials remaining unpicked from positive pick processing operations are considered herein as C&D Residuals. Process Separation Rate (PSR): the ratio of the quantity (by weight) of materials recycled as feedstock, recycled as biomass fuel, or diverted as determined by MassDEP, compared to the quantity (by weight) of the total inbound material accepted. Notes: i. Diverted material means separation of a specific type of C&D material (e.g. C&D wood) that is then transferred for further processing (i.e. sent and received as a separated material; not mixed C&D waste); ii. Diverted material does NOT include any landfill dependent uses (e.g. alternative daily cover, road-base stabilization and shaping&grading); and iii. The quantity of total inbound material accepted includes ALL materials accepted by the facility (e.g. mixed C&D waste, source separated materials and bulky waste); it excludes any C&D fines and residuals received from a Minimum Performance Standard compliant C&D Handling Facility or any municipal solid waste if acceptance of such materials are allowed by the facility operating permit. Property means the property at 210 Holt Road Street North Andover, Massachusetts for which a solid waste site assignment was granted by the Town of North Andover Board of Health pursuant to 310 CMR 16.00 on June 22, 2006. Rejected Load means a waste load which has been determined by the waste handling or disposal facility operator to be a Failed Load, and which the operator elects to refuse acceptance for handling or disposal, and which the operator must reload in the hauler's original delivery vehicle or container and return to the hauler. As defined at 310 CMR 19.000,Owner means any person who alone or in conjunction with others has legal ownership,a leasehold interest, or effective control over such property interests,the real property upon which a facility is located,or the airspace above said real property; 'owner"does not mean persons holding bare legal title for the purpose of providing security for financing. 8 As defined at 310 CMR 19.000, Operator means any person who has care, charge or control of a facility subject to 310 CMR 19.000, including without limitation,an agent, lessee of the owner or an independent contractor. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 8 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Site Assignment means the site assignment issued by the Town of North Andover Board of Health for the Property for the Property pursuant to 310 CMR 16.00 on June 22, 2006 and any subsequent revisions or modifications thereof. Tipping Area means the area designated at the Facility and shown on the Layout Plan for the tipping, spreading, and inspection of tipped C&D and CSW Waste loads and the Kick- Sorting of C&D Waste. Waste Ban Compliance Plan (WBPQ means the WBPC submitted as part of the Application. Waste Ban Materials means the materials expressly prohibited from disposal, or transfer for disposal, listed in 310 CMR 19.017. (See definitions in Attachment 1.) Zero Tolerance Waste Ban Materials means the materials expressly prohibited from disposal or transfer for disposal listed in 310 CMR 19.017 where MassDEP has made an Action Level determination of zero. This includes cathode ray tubes (CRTs), tires, lead batteries, and white goods. IV. FACILITY BACKGROUND On May 19, 2008, MassDEP issued an Authorization to Construct (ATC) to TBI, Inc. for the construction of the Facility. MassDEP issued an Authorization to Operate (ATO) for the Facility to TBI, Inc. on January 30, 2009 and issued a revised ATO for the Facility's operation to TBI, Inc. on March 16, 2009. The Facility is currently permitted to accept up to six hundred twenty-five (625) tons per day(tpd), five hundred (500)tpd average, of construction and demolition waste (C&D Waste) and commercial solid waste (CSW). On December 19, 2018, TBI submitted an Authorization to Operate (ATO) renewal application for the Facility (18-SW07-000009-APP). The ATO application is currently on hold pending the approval and completion of the proposed modifications discussed in the current Application and this decision. On August 20, 2019, MassDEP was informed that a fire occurred at the Facility damaging the building and processing equipment. As a result, waste handling operations at the Facility had 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). 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 9 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) On June 27, 2022, a Construction Certification was submitted to MassDEP, together with "as-built" plans prepared by Green Seal Environmental, Inc. of Sagamore Beach, MA (GSE) that document reconstruction of the Facility. The Construction Certification also provided an updated Operation and Maintenance Plan and Waste Ban Compliance Plan for the reconstructed Facility. On January 5, 2023, GSE submitted supplemental information to confirm that the Facility will not accept Category 2 - C&D Residuals. Section VI.S. of this Permit (Financial Assurance Mechanism) requires that the Permittee continuously maintain and periodically update a financial assurance mechanism (FAM) for the purposes of Facility closure. In June 2022 a Standby Trust Agreement was executed for the Facility by and between North Andover Waste Systems, LLC, the MassDEP and Enterprise Bank as the Trustee. The Trust currently holds a Surety Bond as required. The Facility is currently permitted to accept up to six hundred twenty-five (625)tons per day (tpd), five hundred (500)tpd average, of construction and demolition waste (C&D Waste) and commercial solid waste (CSW). After the 2019 fire at the Facility, MassDEP issued a decision (Authorization Number: SW45-0000058) that allowed the Facility to resume limited waste acceptance and recycling prior to rebuilding the Facility and resuming full C&D Waste processing. As described in the June 2022 Construction Certification, inbound vehicles enter the facility access point and stage on the inbound scale so that the delivery weight may be recorded. From there the transporting vehicle is sent to the tarmac area in front of the inbound tipping doors until directed to back into the processing building. CSW material is generally tipped at the eastern end of the building where the live floor trailers are loaded unless there are recoverable waste ban materials present. Once the delivering vehicle has backed into the building, the load is uncovered and dumped onto the tipping floor (C&D or CSW area) under the direction of the Tipping Floor Inspector. Once the C&D loads are inspected by the Tipping Floor Inspector for the presence of unacceptable materials (i.e., banned materials, hazardous materials, municipal solid waste and suspect asbestos containing materials, etc.), the material is assessed for recyclability. If the material is determined to be "source-separated" (e.g., clean gypsum wallboard, wood, etc.), it is placed in the appropriate commodity stockpile/bunker for off-site shipment and or further handling (e.g., the wood would likely be ground in one of the proceeding stages). Clean gypsum will also be picked at this stage. Once assessed, the remaining materials may be pre-picked (e.g., ferrous and nonferrous metals) and pushed into the processing line feeding stockpile with a loader. The remaining materials that are pushed into a stockpile are subsequently loaded onto a shredder with a grapple. Note that the shredder takes the place of a grapple and/or 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 10 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) bulldozer that would initially reduce the size of the material so that it may pass through the multiple conveyors associated with the processing line. However, in an effort to minimize generation of C&D Fines, the shredder only reduces the material to 2 to 3 feet in length. Once the material is initially shredded, the C&D is transported via conveyor to the initial screener. As the material enters the screener, the 2-inch minus fraction and 2-inch plus fraction are separated and routed to respective outfeed conveyors. The 2-inch minus material is conveyed to a Tyler double-deck vibrating screen removing smaller fines from 2-inch minus stream. The screened fines material is conveyed to fines storage bunker after passing under a cross-belt magnet.The remaining material is conveyed to a CBI Airmax air density separator to remove aggregate material from fines and ultra- light material. The aggregate material is conveyed past a quality control station to an aggregate storage bunker. The 2-inch plus material flows to a hustler steel pan conveyor to an 11-foot wide action vibe pan feeder to meter and spread material across the paddles of a 14-foot wide Komptech Ballistor 10300 ballistic separator. The ballistic separator through agitation and movement of the inclined walking paddles, will separate material into (3) fractions: five-inch holes incorporated into ballistic separator paddles for small material to drop out of stream, two- dimensional (21)) material traveling up incline, and three-dimensional (31)) material rolling down the paddles. The 5-inch material follows the path of the 2-inch minus above to a Tyler screen, cross-belt magnet, and Airmax air separator. The 2D material will be conveyed to a manned inspection station to remove cardboard,ferrous metals, non-ferrous metals, and clean wood.The 3D material will be conveyed to a bi-directional feeder to drop the 3D material into one of two walking floor trailers both of which are situated in the existing concrete bunkers under cover. One walking floor trailer will be being loaded with 3D material and the other trailer will be discharging 3D material onto a steel pan conveyor that will pass material under an inline electromagnet to remove all ferrous metals from the stream. The 3D material with ferrous material removed will be conveyed to picking mezzanine to have manned removal of clean wood, non-ferrous metals, cardboard, aggregate, and clean gypsum. Clean wood is manually picked and dropped onto the wood conveyor that runs under the mezzanine to be processed (chipped) through a CBI 3648 Grizzly Mill.The chipped wood is conveyed under a cross belt magnet for ferrous removal and to the chipped wood storage bunker awaiting trailer loading by front-end loader. Cardboard material is manually picked and dropped into a cardboard storage bunker under the picking mezzanine. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 11 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) A conveyor transports the 2-inch minus fraction of the material from the initial screener to a secondary screener (Fines screening) where 2-inch minus screenings are separated from the material stream. The material then moves on to a de-stoner, an air classification system, and an optical sorter. There are several areas where ferrous and non-ferrous metal are removed from the waste stream. Non-ferrous metal is usually manually separated either on the tipping floor or at the picking station area. The air classifier/destoner also has the ability to extract metal, with magnets located after the Fines screener, prior to the air classifier, after the picking station, and after the grinder. Ferrous metals are removed with multiple cross belt magnets and a single inline electromagnet to mechanically remove as much ferrous metal before material gets to the picking mezzanine. The remaining metal items in the waste stream conveyed to picking mezzanine should be non-ferrous metals and will be removed and stored in containers awaiting recycling. TBI extracts wood at multiple points while the waste is moving through the facility. It is anticipated that the new processing line will improve mechanical separation of wood as well as better presentation of waste to manual-picking personnel on the mezzanine at an optimized/adjustable speed to achieve the best possible recovery. TBI will loadout C&D residuals and CSW materials at the far eastern end of the handling building into trucks for subsequent off-site disposal. A baler/compactor is proposed to be installed in the rear of the eastern loadout bay such that compacted and/or baled material can be direct pushed into a truck completely undercover. The proposed unit is Model 4500 or similar, pre-load compactor by SSI. Installation of the compactor equipment was approved in a separate decision issued by MassDEP on March 1, 2022 (Authorization Number: SW07-0000022). The Facility must comply with this Facility Permit,Authorization to Operate, and the Minimum Performance Standards (MPS)for Construction and Demolition Waste (C&D Waste) Material Processors which require: 1) all Waste Ban Materials received by the Facility to be separated to the greatest extent possible, and 2) a minimum Process Separation Rate (of at least 15%, currently). If the Facility is not able to meet the MPS, the Facility must transfer any unprocessed/partially processed C&D Waste (including Bulky Waste) to an MPS-compliant C&D Waste Handling Facility for further processing. If transferring material out-of-state, the Permittee must provide documentation that the out- of-state processor conforms to the MassDEP MPS performance criteria. A new fire suppression system (sprinklers), approved by the Town of North Andover Fire Department, has been installed. An enhanced fire protection system will also be installed at the Facility consisting of a detection system that operates by thermal imaging (or 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 12 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) equivalent), which is capable of continuous remote monitoring as well as remote activation of fire suppression measures. (Refer to Condition VI.T, below.) V. GENERAL CONDITIONS A. Amount of Waste: The Facility shall not accept wastes except as provided in Section VLA of this Permit. B. Standard Conditions: The Permittee shall operate the Facility in compliance with 310 CMR 19.000 including, but not limited to, Section 19.043(5)Standard Conditions, and this Permit. C. Site Assignment: This Permit shall not supersede, nor otherwise diminish, the Permittee's requirement to comply with the Site Assignment for the Facility, or other permit(s) issued by the North Andover Board of Health or Town of North Andover. D. Compliance with Plans: The Permittee shall operate the Facility in accordance with the approved plans, reports, and other submissions described in Section I. of this Permit, as modified by the conditions of this Permit. E. Compliance with Other Regulations: This Permit does not relieve the Permittee from the obligation to comply with all applicable state, federal and local laws and regulations. F. Nuisance Control: The Permittee shall not cause or contribute to a condition of air pollution, including, without limitation, odors,fugitive dust and noise. The Permittee shall comply with 310 CMR 7.00 and 19.000, and shall implement measures to effectively prevent nuisance conditions and conditions of air pollution during operation of the Facility. Pursuant to 310 CMR 7.00 and 19.000, MassDEP reserves the right to require additional equipment and/or measures to prevent or control nuisance conditions. Pursuant to 310 CMR 19.207(14), water shall not be used for dust control in amounts that produce excessive infiltration, ponding, runoff, or erosion. G. Waste Disposal Restrictions: The Permittee shall comply with all restrictions upon the type of waste received by the Facility as established by the Facility's Site Assignment, 310 CMR 19.000 including, but not limited to, Section 19.017 Waste Bans, and the conditions of this Permit. H. Special Wastes: The Facility shall not accept any Special Wastes except as provided by an Approval to Manage a Special Waste issued pursuant to 310 CMR 19.061. All Special Wastes handled by the Facility shall be handled in conformance with the provisions of 310 CMR 19.061. I. Hazardous Wastes: The Facility shall not accept Hazardous Waste. J. Joint Liability: This Permit is issued subject to the conditions of joint liability of the Permittee in accordance with 310 CMR 19.043(3). K. Permit Transfer: No transfer of this Permit shall be permitted except in accordance with 310 CMR 19.044. In the event of a change in the Permittee's name, other than a 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 13 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) transfer of this Permit, the Permittee shall notify the Department within seven (7) days of the effective date of the change of name. L. Facility Modifications: The Permittee shall not modify the Facility including, but not limited to, its design and operation without prior notice to MassDEP and, if required by MassDEP, submittal of an application to MassDEP pursuant to 310 CMR 19.000 and 310 CMR 4.00. M. Permit Modification: The Department reserves the right to rescind, suspend or modify this Permit pursuant to 310 CMR 19.040 including, but not limited to, by the imposition of additional conditions based upon a determination of actual or the threat of adverse impacts from the construction, operation, maintenance or closure of the Facility, or as may otherwise be required to comply with the requirements of the laws and/or regulations of the Commonwealth as they exist at the time of such action. VI. SPECIFIC CONDITIONS A. Waste Acceptance: 1. Hours of Operation: a. The hours of operation for the Facility shall be posted at the facility entrance (scale house). b. As stated in the Site Assignment (Condition 13), the drop-off center shall be open during the hours that the transfer station is open, and also from 8:00 AM to 2:00 PM on Saturdays even if the transfer station is not operating at that time. c. In accordance with the Site Assignment (Condition 50), the Permittee shall not release transfer trailers from the Facility on weekdays between the hours of 4:00 PM and 6:00 PM. 2. Construction & Demolition Waste: The Permittee shall: a. Not accept more than six hundred twenty-five (625)tons combined of Commercial Solid Waste ("CSW") and Construction and Demolition Waste ("C&D Waste"), including incidental Category 3 — Bulky Waste, on any given day. b. Not accept more than an average' of five hundred (500) tons per day combined of CSW and C&D Waste. c. Not accept more than a combined total of one hundred fifty-six thousand (156,000) tons of CSW and C&D Waste in any given calendar year.10 d. Minimize the amount of waste remaining on the tip floor at the end of each day of operation. 9 Average based on annual tonnage and days of Facility operation. 11 As stated in the Facility's previous Operation and Maintenance Plan, dated March 2008,the Facility operates 6 days per week,or 312 days per year. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 14 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) e. Not accumulate more than thirty (30) cubic yards of CSW not suitable for processing on the tipping floor at any given time. f. Not accumulate more than thirty (30) cubic yards of C&D Waste not suitable for processing on the tipping floor at any given time. g. Not routinely accept Category 2—C&D Residuals. A determination by MassDEP that the Facility is routinely accepting Category 2—C&D Residuals shall constitute a rebuttable presumption for purposes of enforcement of this provision." B. Asbestos Waste: The Permittee shall not knowingly accept at the Facility asbestos waste, as defined at 310 CMR 19.006. The Permittee shall: 1. Maintain an active program of inspection and waste control to exclude asbestos containing materials. If asbestos waste is accepted inadvertently, when discovered it shall be managed in accordance with all applicable local, state, and federal regulations, including but not limited to 310 CMR 19.000 and 310 CMR 7.00. 2. Post at the Facility entrance signage stating asbestos waste and asbestos-containing materials are not accepted at the Facility. 3. Ensure that personnel possessing Asbestos Inspector certification are present at the Facility at all times in sufficient numbers to inspect all incoming waste loads for the presence of asbestos and/or asbestos containing materials ("ACM"). In addition to classroom certification, inspectors shall have 40 hours of on-the-job training in identifying potential ACM and sampling protocols that covers (1) how to identify ACM and Suspect ACM in incoming C&D Waste loads, and (2) what actions must be taken following identification of Suspect ACM or ACM pursuant to the requirements of this permit and all applicable regulations, including without limitation 310 CMR 19.000 and 310CMR7.00. 4. Ensure that all incoming loads of waste are thoroughly inspected during unloading and as the material is handled prior to processing. Suspected ACM shall either be segregated on the tipping floor pending testing or managed as asbestos waste in accordance with all applicable local, state, and federal regulations, including but not limited to 310 CMR 19.000 and 310 CMR 7.00. S. Keep and maintain records for each load brought to the Facility, which shall include the weight of the load, description, and location of the site(s) of generation, and name, address, and phone number of the transporter. If suspect ACM is found in any load, TBI shall keep and maintain a record of the inspection (such as an inspection form) that shall indicate the type(s) and quantity of suspected ACM, identification of the load, and the final disposition of the material. " Supplemental information submitted to MassDEP on January 5,2023 confirmed that the Facility does not accept Category 2 -C&D Residuals. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 15 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) 6. Ensure that the Facility is inspected on a quarterly basis (four times each year) by a qualified third-party asbestos inspector experienced in the management of C&D waste. During each inspection and in each inspection report, the inspector shall: a. Describe in detail any deviation(s) from compliance conditions set forth in this Permit and the Facility's Operation and Maintenance Plan as it pertains to asbestos, and schedules to correct identified problems. i. The inspector shall sample a random waste load for asbestos. The sample shall be analyzed using the polarized light microscopy ("PLM") test method. ii. The report shall be signed and dated by the asbestos inspector and shall be accompanied by the certification statement required under 310 CMR 19.011(1). b. The inspection report shall be submitted to MassDEP within 30 days following the inspection. C. Beneficial Use Determination: Where the recycling or reuse of a waste material is subject to a Beneficial Use Determination (BUD) pursuant to 310 CMR 19.060 Beneficial Use of Solid Waste, or other approval/authorization of the Department, the Permittee shall comply with the requirements of the BUD including, but not limited to the management, handling, sampling, and Quality Assurance/Quality Control provisions. Failure to comply with the BUD or other applicable Department approval may result by a determination by the Department that the material as managed is a solid waste. D. Waste Ban Compliance General Provisions: The Permittee shall comply with 310 CMR 19.017 and the WBCP. The Permittee shall, without limitation: 1. Post and maintain on-site signage clearly listing all Waste Ban Materials and acceptable wastes for tipping at the Facility. 2. Remove and divert from disposal all Waste Ban Material from every waste load accepted by the Facility for disposal, or for transfer for disposal, to the greatest extent possible, unless banned materials cannot be recycled because doing so would endanger workers or substantially disrupt the Facility's operations. 3. At all times, staff the areas where waste is tipped and processed with adequate staff to ensure all categories of Waste Ban Materials as listed in 310 CMR 19.017(3) are removed to the greatest extent possible from waste prior to shipment for disposal. 4. Adjust the actual daily intake of waste at the Facility as necessary to maintain compliance with MassDEP's waste ban regulations, the Facility's WBCP, the material storage limits specified in this Permit, and the staff available to process waste that day. E. Operational and Handling Requirements: The Permittee shall comply with 310 CMR 19.000, the Minimum Performance Standard (MPS) for C&D Waste Handling Facilities, 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 16 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) and the WBCP including, but not limited to the following handling and operating procedures. The Permittee shall: 1. Conduct load inspections in a manner that does not endanger the safety of Facility personnel or hauler personnel. 2. Only manage waste in the appropriate areas designated for tipping and inspection, separation, interior storage, and loading as depicted on the Layout Plan. 3. Inspect all incoming loads for Waste Ban Materials and to determine if the load is acceptable in accordance with this Permit, the Facility's WBCP and 310 CMR 19.017. The inspections shall be performed pursuant to requirements of 310 CMR 19.000 and the WBPC including, without limitation: a. prior to tipping; b. as load is tipped; and c. after tipping. 4. Inspect all loads for suspect asbestos-containing materials and manage any suspect asbestos-containing materials in a manner consistent with the Facility's 0&M Plan and this Permit. S. Spread all accepted waste loads out in a manner that allows for the inspection and identification of all Waste Ban Materials and, following the preferred hierarchy below: a. Remove to the greatest extent possible all Waste Ban Materials from each waste load accepted at the Facility prior to disposal or transfer for disposal by Kick-Sorting and picking Waste Ban Materials to the greatest extent possible and operating the Processing Operation to remove Waste Ban Materials from the remaining waste; or b. Reject the waste load, including reloading into the hauler's vehicle, if it is safe to do so; or c. Transfer to a facility that has an approved WBCP that includes separation and recycling of the banned materials or will transfer to such a facility; or d. Dispose of the load because recycling or reloading the waste would endanger workers or substantially disrupt Facility operations.12 6. Conduct a minimum of sixteen (16) random comprehensive load inspections per calendar month. The Permittee shall: 12 Repeated determinations that recycling or reloading the waste would endanger workers or substantially disrupt Facility operations may result in MassDEP determining that the Facility is not suitable to accept that particular category of waste loads and a modification of the Facility permit by MassDEP to exclude acceptance of that category of waste load. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 17 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) a. Conduct Comprehensive Load Inspections only on vehicles with loads greater than five (5) cubic yards; b. Perform the Comprehensive Load Inspections in accordance with the procedures described in the WBCP; and c. Complete the Comprehensive Load Inspection Reporting Sheet (Attachment 3 of the WBCP) and the required information in the Daily Log pursuant to Section V1.1.2. of this Permit. 7. Record any waste load that contains an amount of Waste Ban Materials in excess of any Action Level as defined herein as a Failed Load. 8. Manage loads that trigger an Action Level(s) in accordance with the following hierarchy: a. Reject the load, including reloading into the hauler's vehicle, if it is safe to do so; b. Transfer the waste to a facility that has an approved WBCP that is permitted to accept the materials in mixed loads and not fail the load, for separation and recycling of the banned materials or will transfer to such a facility; or c. Dispose the load because recycling or reloading the waste would endanger workers or substantially disrupt Facility operations. 9. Complete and maintain the records required by 310 CMR 19.000, the WBCP and Section VI.I. of this Permit including, but not limited to,the Daily Log, Failed Load Log, and Failed Load Letters. 10.The Permittee shall meet the two Minimum Performance Standard ("MPS") criteria stated in the MassDEP guidance titled Minimum Performance Standard For Construction And Demolition Handling Facilities to Comply with MassDEP's Waste Ban Regulations and Waste Ban Compliance Plans (October 2021) and other applicable requirements as follows: a. Criterion 1: The Facility shall meet a threshold Process Separation Rate ("PSR") (currently, 15% or greater). The PSR shall be calculated in accordance with the formula and notes stated in Section III of this Permit, Definitions. In accordance with the MPS guidance, MassDEP may increase the minimum PSR in the future, for all subject facilities, in order to improve performance. b. Criterion 2: The Permittee shall demonstrate that all banned materials are being separated to the greatest extent possible.This shall include separation of all C&D Waste Ban Materials (i.e., ABC (Asphalt Pavement, Brick, and Concrete), metal, wood, clean gypsum wallboard), OCC (Old Corrugated Cardboard), and any other waste ban materials received by the Facility. F. Daily Load Inspection Certifications: At the end of each day of operation, after the last load of waste has been received, a Daily Load Inspection Certification shall be 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 18 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) completed by the Facility's on-duty waste inspector13 as set forth below. The Daily Load Inspection Certification shall document that all loads received during the day of operation were inspected to determine whether any unacceptable materials were present, and all failed loads were documented, in accordance with this Permit and approved plans. The Daily Load Inspection Certification Form shall be completed in accordance with 310 CMR 19.011(1), and shall contain, at a minimum: 1. The date the form was completed; 2. The inspector's name; 3. The inspector's signature; and 4. The following statement: "Pursuant to 310 CMR 19.011(1), 1 certify that all loads received at the Facility today were inspected to determine the presence of unacceptable materials, and all failed loads were documented, in accordance with the Facility's permit(s)and all approved plans." G. Communication of Failed Loads: The Permittee shall: 1. Notify drivers of the type and amount of banned material found in their loads; 2. Notify haulers by letter (Attachment 4 of the WBCP) within forty-five (45) days of the date that the load arrives at the Facility of the type and amount of banned materials found in the load and encourage the haulers to work with their customers to separate Waste Ban Materials to prevent recurrences of the Failed Loads; 3. Notify the driver only, in accordance with Section VI.G.1. above, when the waste load is delivered in a vehicle with a capacity of five (5) cubic yards or less; and 4. Notify municipalities by letter (Attachment 4 of the WBCP) within 45 days of the date that the load arrives at the Facility of the type and amounts of banned material found in waste loads from their communities and encourage those communities to contact MassDEP for technical assistance. H. Routine Site Monitoring: The Permittee shall perform routine monitoring of the Property in accordance with the requirements of this Section and the approved plans to ensure compliance with this Permit and the approved plans. The routine monitoring shall include, without limitation, the following: 1. A daily assessment including, without limitation, inspection of the status and condition of the Facility, structures, equipment, devices, environmental control systems, paved surfaces, fencing, gates, and the general cleanliness of the Facility area. 2. A monthly assessment including, without limitation, inspection of the condition and performance of the Facility's storm water control and discharge system. 13 All incoming C&D Waste loads must be inspected by a qualified individual as set forth at Section VI.B.2 of this permit. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 19 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) 3. Documentation of the results of the routine monitoring, and any corrective actions, repairs, or maintenance in the Facility's Daily Log required by Section V1.1.2. of this Permit. I. Record Keeping and Reporting: The Permittee shall maintain and make available at the Facility upon request to authorized representatives of MassDEP and the BOH, all records and copies of all reports required by this Permit and all approved plans. The Permittee shall maintain records and provide reports to MassDEP in compliance with 310 CMR 19.000, including, but not limited to, the following: 1. Copy of Permits &Approvals—The Permittee shall maintain, at the Property, and, upon request, make available to authorized representatives of MassDEP and the BOH for review, a complete copy of this Permit and all approved plans, appendices, protocols and attachments, and all records, logs and reports required to be maintained by this Permit. 2. Records & Daily Log— Pursuant to 310 CMR 19.207(22), the Permittee shall create and maintain at the Facility a daily log that shall include, at a minimum: a. The date the log was completed; b. A daily summary of wastes received; c. A daily summary of wastes shipped for recycling, itemized by material type; d. A daily summary of Failed and/or Rejected waste loads, including, but not limited to, a description of the Failed/Rejected load and the identity of the waste generator for each Failed/Rejected Load, if available; e. Documentation of the sources and final disposition of wastes; f. Documentation of the routine site monitoring required by Section VI.H. of this Permit, including any corrective actions, repairs, or maintenance required or performed; g. Records of inspections and waste monitoring pursuant to compliance with waste bans as established at 310 CMR 19.017, et al; h. A description of any deviations from the approved plans and operating procedures, as they relate to this Permit, or from this Permit, or the Facility's Site Assignment; i. A description of the actions taken, and/or to be taken, to mitigate or correct operational problems which are deviations from the approved plans and operating procedures, as they relate to this Permit, or from this Permit or the Facility's Site Assignment; j. A log of any complaints received regarding the Facility's operation including, but not limited to the emission of dust, odor, and/or noise from the Facility; 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 20 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) k. A description(s) of actions taken, and/or to be taken, in response to a complaint regarding the Facility's operation; I. Maintain at the Facility a record of the employee training required by Section VI.J. of this Permit; m. The date, the number of personnel performing Waste Ban Materials picking for the day, the tonnage of C&D Waste accepted, and the calculation of the Average Daily Tonnage of C&D Waste accepted over the most recent twelve (12) working days; and n. Copies of all Failed Load letters sent to waste haulers, and municipalities, if applicable in accordance with the WBCP, whenever the Permittee identifies a Failed Load. 3. Annual Report— By no later than February 15th of each year, the Permittee shall submit to the Department an annual operations report for the preceding calendar year. Wherein a form is published by the Department for the annual report, the annual report shall be submitted on and provide the information requested in that form. Should the Department not publish a prepared form for annual reports, this annual report shall include at a minimum: a. A monthly summary of the wastes and materials accepted or shipped for recycling received during the prior calendar year that includes, itemized by type: i. The average daily quantity received and shipped; ii. The peak daily quantity received; iii. Exceedances of authorized maximum daily and annual quantities; and iv. Other information as appropriate to demonstrate seasonal variations in the quantities received and shipped. b. A summary of wastes rejected, including the sources (if known), the reason for rejection and (to the extent known) ultimate disposition of the waste; and c. A summary of operational problems which are deviations from the approved plans and operating procedures, as they relate to this Permit, or from this Permit or the Facility's Site Assignment, including recommendations and a schedule for changes or modifications required to address such problems. 4. Special Reporting—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 later than 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 21 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) within forty-eight (48) hours of the Permittee, the Engineer of Record, or contractor(s), becoming aware of: i. The occurrence of any conditions or events at the Facility that result in off-site nuisance conditions or a threat to the public health, safety, welfare or the environment; ii. Any conditions that render the Facility unavailable for receipt of waste, or otherwise prevent normal operation;14 iii. 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; iv. The receipt by the Permittee of any complaint of off-site nuisance conditions attributed to operation of 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. J. Instruction of Contractors and Employees: The Permittee shall, pursuant to 310 CMR 19.207(2), 310 CMR 19.207(17) and 310 CMR 19.207(19) provide an adequate number of trained staff to ensure that the Facility is operated and maintained as designed, in accordance with good solid waste management practices and with this Permit and the approved plans. Without limitation, the Permittee shall: 1. Instruct all contractors and employees in the requirements of this Permit, as applicable to their work; and the Permittee shall maintain and make available at the Property a copy of this Permit and all approved plans, appendices, protocols and attachments for use by the Permittee's contractors and employees. 2. Ensure that all employees, and substitute employees, of the Facility, including without limitation, inspectors, scale attendants, workers, laborers, handlers, equipment operators, and supervisors, are properly trained, licensed and/or certified to perform the functions that they are required to perform. 14 Events that require notification pursuant to this paragraph include, but are not limited to, incidents at the Facility that result in a response to the Facility by the Fire Department, emergency medical personnel,the Police Department,the Department of Public Health,or other agency. These include,but are not limited to, incidents that result in the unscheduled shut down of the Facility,fires, injury to personnel,and threats to the safety of the Facility. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 22 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) 3. Assure that the individual(s) assigned to inspect and supervise the unloading of all vehicles delivering waste (the "Inspectors") shall have adequate training, knowledge and understanding of all applicable regulations, the requirements of the O&M Plan and this Permit, and shall possess a minimum 40 hours of on-the-job training, in addition to classroom certification in identifying Waste Ban Materials, and acceptable and prohibited materials under this Permit, including potential asbestos-containing materials. 4. Certify for each employee that the employee has been trained and that said individual is knowledgeable regarding the requirements of this Permit, the approved plans and good solid waste management practices applicable to his or her duties. The training certifications shall include a description of each individual(s job duties and training. K. Weigh Devices: As required by 310 CMR 19.205(3) and 310 CMR 19.207(22)(b), the Permittee shall provide, operate, and maintain on a continuous basis a weigh scale(s) for the weighing of all waste and materials delivered to, and transferred from, the Facility. Such weigh devices shall be properly maintained at all times and shall be certified/calibrated in accordance with all applicable laws, regulations, ordinances, and the manufacturer's recommendations. The Facility shall maintain all documentation regarding the certification/calibration and maintenance/repair of weigh devices in the Facility's Daily Log required by Section V1.1.2. of this Permit. L. Mercury-Added Products: Pursuant to 310 CMR 19.207(26), End-of-life mercury-added products that are hazardous waste pursuant to 310 CMR 30.000 shall be handled in accordance with 310 CMR 30.000. Mercury-added products that are not hazardous waste shall be handled in accordance with 310 CMR 76.05(2). M. Enclosed Operations: The Permittee shall conduct all solid waste handling operations entirely within covered and enclosed structures in accordance with the approved plans and applicable regulations set forth at 310 CMR 19.200. The Facility shall receive and handle all waste and materials only at the designated areas as described in the 0&M Plan and WBCP and depicted on the Facility plan(s) contained therein. N. Speculative Accumulation: There shall be no excessive storage or speculative accumulation of materials at the Facility. 0. Storm Water Control and Contact Water Management: The Facility shall comply with the requirements of 310 CMR 19.205(1) and 310 CMR 19.206(3), including, without limitation, the following: 1. The Permittee shall operate and maintain storm water controls to effectively prevent erosion, prevent the discharge of pollutants, protect the physical integrity of the Facility, and be managed according to applicable standards established by MassDEP including, but not limited to, the wetlands protection regulations at 310 CMR 10.05(6)(b) and MassDEP's Storm Water Policy. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 23 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) 2. All storm water, or water used for operations at the Facility, that comes in contact with C&D Waste and recovered or recyclable materials shall be controlled and collected and otherwise properly managed in accordance with approved plans and all applicable state statutes and regulations prior to discharge or disposal off-site. P. Diesel Emission Control: The Permittee shall implement Best Management Practices to minimize diesel emissions at the Facility in accordance with MassDEP's approval of the facility's Diesel Emission Control Plan identified in Section I of this Permit, including, but not limited to, the following: 1. The use of only ultra-low sulfur diesel fuel in off-road equipment at the Facility; 2. Minimizing the idling of equipment by turning off engines when not in use as provided by state or federal law;15 and 3. The use of mobile heavy equipment powered by low emission diesel, compressed natural gas, liquid natural gas, or liquefied petroleum. Q. Third Party Inspections: The Permittee shall ensure that the Facility is periodically inspected by a qualified independent third-party inspector in accordance with 310 CMR 19.018 including, but not limited to, the following requirements. 1. The inspection shall be performed in accordance with the performance standards of 310 CMR 19.018(6) and Waste Ban Inspections at 310 CMR 19.018(7) including, but not limited to, the following requirements: a. A minimum of four (4) third-party inspections of the Facility shall be conducted per year; b. Each inspection shall be unannounced and randomly timed; c. The Facility shall not be given prior notice of any inspection; d. The third-party inspector shall prepare an inspection report in the format pursuant to 310 CMR 19.018 (8); and e. The inspection reports shall be submitted to the Department and the North Andover Board of Health no later than thirty (30) days following the date of the inspection. 2. The third-party inspector shall meet the requirements and qualification pursuant to 310 CMR 19.018(5). 3. Pursuant to 310 CMR 19.018(6), the third-party inspector shall comply with asbestos sampling requirements, including, without limitation,the observation of random incoming waste loads and the collection and analysis of samples from suspect materials observed in incoming waste loads in accordance with the Facility's approved ACM inspection and management protocol. 15 Currently,Massachusetts regulations require that idling diesel equipment be turned off when not in use for more than five(5)minutes. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 24 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) R. Annual Compliance Fee: The Permittee shall pay to MassDEP an annual solid waste facility compliance fee in the amount as set forth at 310 CMR 4.00: Timely Action Schedule and Fee Provisions for a "Large C&D Processing Facility." S. Financial Assurance for Closure: 1. The Permittee shall continuously maintain a Financial Assurance Mechanism (FAM) for the Facility in the amount calculated in the closure cost estimate included in the Application and Facility 0&M Plan. This financial assurance obligation shall be met by using any of the approved methods authorized in 310 CMR 19.051: Financial Assurance Requirements. In 2022, a Standby Trust Agreement was executed for the Facility. The Trust currently holds a Surety Bond as required. 2. The Permittee shall revise the calculation of the FAM each year concurrently with its annual report pursuant to Condition V1.1.3 of this Permit and shall submit to MassDEP documentation of that calculation every second year. The Permittee shall adjust the amount of the FAM as necessary in compliance with 310 CMR 19.051(7) and (8), as applicable. In the event that MassDEP provides written comments to the Permittee on the FAM, estimated costs, or revised calculations,the Permittee shall provide a revised estimate to MassDEP in accordance with the schedule set forth in MassDEP's written comments that corrects any deficiencies reasonably identified by MassDEP in the submittal(s) and makes any changes that MassDEP reasonably requires. T. Fire Protection: 1. The Permittee shall comply with the requirements of 310 CMR 19.207(20) —Fire Protection. 2. No later than October 1, 2023, the Permittee shall install enhanced fire protection measures that include, at a minimum, a fire detection system that operates by thermal imaging (or equivalent, as determined by MassDEP), which shall be capable of remote monitoring at all times, as well as remote activation of fire suppression measures. Upon installation,the Permittee shall ensure proper operation and maintenance of the enhanced fire protection system. The Permittee shall operate the enhanced fire protection system at all times that waste or recovered materials are being received, handled, or stored in the Facility building, including when the Facility is unattended. 3. Within thirty days (30) of completion of the enhanced fire protection system, the Permittee shall submit to MassDEP with a copy submitted to the North Andover Health Department, a construction certification report that includes, but is not limited to: a. A site-plan showing the location of the completed project; b. A report that discusses the completed work; and 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 25 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) c. Certifications by the Permittee and the Engineer of Record pursuant to 310 CMR 19.011. VII. AUTHORIZATION TO CONSTRUCT On May 19, 2008, MassDEP issued to the Permittee, pursuant to 310 CMR 19.041, an Authorization to Construct for construction of the Facility. MassDEP issued an Authorization to Operate (ATO) for the Facility to TBI, Inc. on January 30, 2009 and issued a revised ATO for the Facility's operation to TBI, Inc. on March 16, 2009. On March 1, 2022, MassDEP issued to the Permittee, pursuant to 310 CMR 19.041, a conditional approval regarding reconstruction and modification of the Facility. On June 27, 2022, the Permittee submitted a Construction Certification documenting that Facility reconstruction and modification had been completed. No modification of the Facility shall commence without prior notification to MassDEP and the Permittee obtaining the necessary approvals pursuant to 310 CMR 19.000 and 310 CMR 4.00. VIII.PERMIT DURATION This decision and Permit are effective on the date of execution by MassDEP as signed below, except as provided by the Notice of Appeal Rights in Section IX., below and 310 CMR 19.033(4)(b). This Permit shall terminate on May 26, 2033, unless the Permittee on or before November 26, 2032 submits an application, pursuant to 310 CMR 19.000 and 310 CMR 4.00, for review and approval by MassDEP to continue operation of the Facility. In the event that the Permittee submits an application to MassDEP, in compliance with the provisions of this section, to continue operation of the Facility the Termination Date is extended to such time as MassDEP issues a final decision on the Permittee's application to continue operation of the Facility. If MassDEP denies the application then the Permittee shall close the Facility, in compliance with 310 CMR 19.000, within ninety (90) days of the date of MassDEP's denial of the application. MassDEP reserves and nothing in this section shall limit MassDEP's authority to require the Permittee to cease operation at and/or close the Facility pursuant to applicable statute and regulation. IX. APPEAL RIGHTS Right to Appeal. Thomson Brothers Industries, Inc. (TBI, Inc.) 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, Inc. 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, 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 26 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) modify, or reaffirm its decision. Failure by TBI, Inc. to exercise the right provided in this section shall constitute a waiver of the TBI Inc.'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, if applicable, at least five (5) 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 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 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. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 27 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) AaltzIt - Mark Fairbrother Section Chief Solid Waste Management Date ATTACHMENTS Attachment 1: DEFINITIONS OF MATERIALS BANNED BY 310 CMR 19.017 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 28 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) ATTACHMENT 1 DEFINITIONS OF MATERIALS BANNED BY 310 CMR 19.017 Asphalt Pavement, Brick, and Concrete: asphalt pavement, brick and concrete from construction activities and demolition of buildings, roads and bridges and similar sources. Cathode Ray Tubes: any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes. Glass Containers: glass bottles and jars (soda-lime glass) but excluding light bulbs, Pyrex cookware, plate glass, drinking glasses, windows, windshields and ceramics. Clean Gypsum Wallboard: gypsum wallboard that is not contaminated with paint, wallpaper, joint compound, adhesives, nails, or other substances after manufacture. Gypsum wallboard means a panel (also known as drywall) with a gypsum core and faced with a heavy paper or other material on both sides. Pieces of clean gypsum wallboard 2 square feet or less in size are exempt. Commercial Organic Material:food material and vegetative material from any entity that generates more than one-half ton of those materials for solid waste disposal per week, but excludes material from a residence. Lead Batteries: lead-acid batteries used in motor vehicles or stationary applications. Leaves: deciduous and coniferous leaf deposition. Mattresses: any resilient material or combination of materials that is enclosed by ticking, used alone or in combination with other products, that is intended for sleeping upon, except for mattresses that are contaminated with mold, bodily fluids, insects, oil, or hazardous substances. Mattress includes any foundation or box-spring.3 Metal: ferrous and non-ferrous metals derived from used appliances, building materials, industrial equipment, transportation vehicles, and manufacturing processes. Metal Containers: aluminum, steel or bi-metal beverage and food containers. Recyclable Paper: all paper, corrugated cardboard, and paperboard products, except tissue paper, toweling, paper plates and cups, wax-coated corrugated cardboard, and other low-grade paper products. 05/25/2023 NORTH ANDOVER—Solid Waste Management Page 29 of 29 Thomson Brothers Industries,Inc. Authorization to Operate(Authorization Number: SW07-0000031) Single Polymer Plastics: all narrow-neck plastic containers where the diameter of the mouth of the container is less than the diameter of the body of the container. This includes single polymer plastic containers labeled 1 —6. Textiles: clothing, footwear, bedding, towels, curtains, fabric, and similar products, except for textiles that are contaminated with mold, bodily fluids, insects, oil, or hazardous substances. Tires: a continuous solid or pneumatic rubber covering intended for use on a motor vehicle.1 White Goods: appliances employing electricity, oil, natural gas or liquefied petroleum gas to preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items; or to cool or to heat air or water. For purposes of the waste bans, white goods include, but are not limited to, refrigerators, freezers, air conditioners, water coolers, dishwashers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters. White goods do not include microwave ovens. Wood: treated and untreated wood, including wood waste.' Yard Waste: deciduous and coniferous seasonal depositions (e.g., leaves), grass clippings, weeds, hedge clippings, garden materials, and brush 1 (one) inch or less in diameter (excluding diseased plants). 1 Shredded tires, defined as tires that have been cut, sliced or ground into four or more pieces such that the circular form of the tire has been eliminated, can be landfilled. ' "Wood waste"is defined in the solid waste regulations as follows: Wood waste means discarded material consisting of trees, stumps, and brush, including but not limited to sawdust, chips, shavings and bark. Wood waste does not include new or used lumber or wood from construction and demolition waste and does not include wood pieces or particles containing or likely to contain asbestos, chemical preservatives such as creosote or pentachlorophenol, or paints, stains or other coatings. 3 Mattresses do not include any mattress pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper, liquid or gaseous filled ticking, including any water bed and any air mattress that does not contain upholstery material between the ticking and the mattress core, and mattresses in futons and sofa beds. 05/25/2023