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Home My WebLink AboutDEP Waste Ban Waiver - Miscellaneous - 285 HOLT ROAD 10/23/2023 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 Maura T. Healey Rebecca L.Tepper Governor Secretary Kimberley Driscoll ��NC Bonnie Heiple Lieutenant Governor N�E� Commissioner October 13, 2023 OCR Moderna TX, Inc. RE: NORTH ANDOVER—Solid Waste Management 1 Moderna Way Wheelabrator North Andover, Inc. Norwood, MA 02062 285 Holt Road FM #: 132771 Destruction of Contaminated Materials Waste Ban Waiver-310 CMR 19.017(5) Dear Sir/Madam: The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the October 10, 2023 e-mail submitted by Triumvirate Environmental on behalf of Moderna TX, Inc., requesting a waiver from the Massachusetts Waste Ban requirements in order to dispose of paper, plastic, glass, and cardboard contaminated with Disodium Tetraborate Decahydrate at Wheelabrator North Andover, Inc., a municipal waste combustor located in North Andover, Massachusetts. The request indicates that the materials will be transported from Moderna TX, Inc., located at 1 Moderna Way in Norwood, MA to the Wheelabrator North Andover combustion facility by Graf Brothers Leasing, Inc. The request estimates that Graf Brothers Leasing, Inc. will deliver one load of subject materials for disposal per week (approximately thirty cubic yards each). According to your email,the material is comingled and contaminated in process and is unable to be separated for recycling. As a result,your e-mail requests relief from the Massachusetts Waste Ban requirements of section 310 CMR 19.017 of the Massachusetts Solid Waste Regulations in order to provide for the disposal of the contaminated materials. Pursuant to 310 CMR 19.017(5), MassDEP approves the incineration of the subject materials at the Wheelabrator North Andover, Inc. facility. This approval applies only to the materials specified herein, in so far as alternative destruction is required. This approval expires on October 30, 2024. Please note that alternative methods exist for the destruction of materials which do not violate the Massachusetts Waste Bans. Together with the Center for EcoTechnology, MassDEP has established a program to provide assistance to businesses and institutions. The Recycling Works in Massachusetts program is available to answer your questions about recycling,composting, and waste reduction, such as how to manage specific materials, how to find a service provider, and how to start a new recycling This information is available in alternate format.Melixza Esenyie at 617-626-1282. TTY#MassRelay Service 1-800-439-2370 MassDEP Website:wwN.mass gov/dep Prnted on Recycled Paper NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 2 of 3 Moderna TX, Inc. Waste Ban Waiver program or improve an existing one. MassDEP encourages you to contact Recycling Works in Massachusetts to discuss your specific needs by telephone at(888) 254-5525 or by e-mail to: info @ Recycli ngWorksMA.com. This decision is issued by the MassDEP under the authority of M.G.L.,Chapter 111, Section 150A and 310 CMR 19.000,the Massachusetts Solid Waste Regulations. NOTICE OF RIGHT OF APPEAL Moderna TX, 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 the Moderna TX, 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, modify,or reaffirm its decision. Failure by Moderna TX, Inc.to exercise the right provided in this section shall constitute a waiver of the Moderna TX, Inc.'s right to appeal. Right to Appeal. Any person aggrieved by the issuance of this decision, except as provided for under 310 CMR 19.033(4)(b), may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. c. 111, s. 150A, and M.G.L. c. 30A, not later than thirty(30) days following the issuance of the final decision. The standing of a person to file an appeal and the procedures for filing such appeal shall be governed by the provisions of M.G.L. c. 30A. Unless the person requesting an appeal requests and is granted a stay of the terms and conditions of the decision by a court of competent jurisdiction,the decision shall be effective in accordance with 310 CMR 19.033(3). Notice of Action. Any aggrieved person intending to appeal this decision to the Superior Court shall first provide notice to the Department of their intention to commence such action. Said notice of intention shall include the Department file number and shall identify with particularity the issues and reasons why it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which processed the application at least five days prior to the filing of an appeal. The appropriate addresses to which to send such notices are: General Counsel Massachusetts Department of Environmental Protection 100 Cambridge Street—9th Floor Boston, MA 02114 and Eric Worrall, Regional Director Massachusetts Department of Environmental Protection Northeast Regional Office 150 Presidential Way, Suite 300 Woburn, MA 01801 No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in 310 CMR 19.000, provided that a matter may be raised upon a showing that it is material and that it was not reasonably 1011312023 NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 3 of 3 Moderna TX, Inc. Waste Ban Waiver possible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the environmental impact of the permitted activity. MassDEP appreciates your efforts to comply with its regulations. If you have any questions regarding this issue, please contact Stephen Forrest at 978-447-3573 or write to the letterhead address. Sincerely, Mark Fairbrother, Section Chief Solid Waste Management M G F/SJ F/sj f Enclosures: Recycling Works in Massachusetts Fact Sheet: Your Business and the Waste Bans cc: Wheelabrator North Andover, Inc. 285 Holt Road North Andover, MA 01845 North Andover Board of Health 120 Main Street North Andover, MA 01845 ecc: Katie Morrissey,Triumvirate Environmental Email: KMorrissev@triumvirate.com Kevin Beauregard,Win Waste Innovations Email: kbeaureg@win-waste.com Matt Hughes,Win Waste Innovations Email: mhughes@win-waste.com John Fischer, MassDEP-Boston/BAW 1011312023