HomeMy WebLinkAboutWheelabrator NA - Solid Waste Management - Correspondence - 285 HOLT ROAD 10/24/2023 or
Ccrnrnonwealth of Maas sachusetLs
Executive C)ffice of Energy (S Envtrcjnimental Aff rs
Department o Environmental Protection
October 24, 2023
Derek Roy RE: NORTH ANDOVER—Solid Waste Managen'ient
U.S. Food and Drug Administration Wheelabrator North Andover, lric.
Office of Criminal Investigations 285 Holt Road
Boston Resident Office FIVIF 4: 132771
401 Edgewater Place,Suite 530
Wakefield, MA 01880 Destruction of Confidential Docurnents
Waste Ban Waiver-310 CMR 19.017(5)
Dear Mr. Roy,:
'rhe Massachusetts Department of Environmental Protection (MassDEP) has reviewed the October 20,
2023 e-mail You submitted on behalf of the U.S. Food and Drug Administration (FDA) requesting a
waiver from the Massachusetts Waste Ban requirements in order to dispose of sensitive dOCLArnents and
other materials at Wheelabrator North Andover, Inc., a municipal waste COMbustor located in North
Andover, MA, According to your request,the FDA has identified law enforcement sensitive documents
and other rnaterials wl"iich require secure disposal.
MassDEP has previously issued waivers to the FDA for the destruction of similar materials at
Wheelabrator North Andover, Inc. In the current request,you explain that the FDA has a continuing
need for the secure disposal Of LIP to 150 banker boxes containing sensitive clOCUrnents and prescription
and non-prescription drugs as its cases are closed, As a result, your e-ma0 requests relief from the
Massachusetts Waste Ban requirements of section 310 CMR 19,017 of the K,-iss;a(,,-husetts Sop d Waste
Regulations in order to provide for the disposal of these sensitive materials.
Pursuant to 310 CMR 19.01.7(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 31, 2024,
Please note that alternative methods exist for,the destruction of materials which do riot violate the
MassachLISettS 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
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NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 2 of 3
U.S. Food and Drug Administration —Boston Waste Ban Waiver
as how to manage specific materials, how to find a service provider, and how to start a new recycling
program or improve an existing one, MassDEP encourages you to contact Recycling Works in
Massachusetts to discuss your specific needs by telephone at (888) 254-5525 or by e-mail to:
This decision is issued by the MassDEP under the authority of M.G.L.,Chapter 1,11, Section 1.50A and 31.0
CMR 19,000, the Massachusetts Solid Waste Regulations, This decision is limited to the waiver of the
Massachusetts Waste Ban requirements of section 31.0 CMR 1.9.017 of the Massachusetts Solid Waste
RegUlations and not any other laws, rules,or regulations that may apply to records,retention.
NOTICE OF RIGHT OF APPEAL
T r he United States Food and Drug Administration (FDA) is hereby notified that it may within twenty-one
(21)days file a request that this decision be cleerned a provisional decision under 310 CMR 19.033(4)(b),
by SUlarnitting as written staternent of the basis on which the FDA believes it is aggrieved, together with
any supporting materials. Upon timely filing of such a request,the decision shall be deer-ned as
provisional decision with an effective date twenty-one (21)days after the Department's receipt of the
request. Such a request shall reopen the administrative record, and the Department may rescind,
supplement, modify, or reaffirm its decision. Failure by the FDA to exercise the right provided in this
section shall constitute a waiver of FDA's right to appeal.
Rig. _httq.A",g�aj. 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 ofM.G.L. c. 111, s, 1,50A, 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 comrnence 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
lemt five days prior to the filing of an appeal. The appropriate addresses to which to send such notices
are:
General Counsel
Department of Environmental Protection
100 Cambridge Street-9th Floor
Boston, MA 02108
and
Eric Worrall
Regional Director
Department of Environmental Protection
1.50 Presidential Way, Suite 300
Woburn, MA 01801
10/24/2023
NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 3 of 3
U.S. Food and Drug Administration-- Boston Waste Ban Waiver
No allegation shall be made ifl arlyjUdicial appeal of this decision unless the niatter corriplained of was
raised at the appropriate point in the administrative review procedures established in 310 CIVIR 19.000'
provided that a matter may be raised upon a showing that it is material and that it was riot reasonably
possible with due diligence to have been raised during such procedures or that matter sought to be
raised is of critical importance to the environmental impact of the permitted activity.
MassDEP appreciates your efforts to comply with its regulations. If you have any questions regarding
this issue, please contact Stephen Forrest at (978) 694-3295 or write to the letterhead address.
Sincerely,
Mark Fairbrother, Section Chief
Solid Waste Management
MGF/SJF/sjf
Enclosures: Recycling Works in Massochusetts
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 Aridover, MA 01845
ecc: Kevin BeaUregard, Win Waste Innovations
Email: kb
Matt Hughes, Win Waste Innovations
John Fischer, Mass D EP-Bosto n/BAW
10/24/2023