HomeMy WebLinkAboutWheelabrator NA - Solid Waste Management - Correspondence - 285 HOLT ROAD 11/21/2023 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
LDepartment of Environmental Protection
Northeast Regional Office-150 Presidential Way WobLlrri, MA 01801 - 978-6,94-3200
Maura T. Healey Rebecca L.Tepper
Governor Secretary
Kimberley Driscoll Bonnie Heiple
UeUtenant Governor
Comniussioner
November 21, 2023
Darius Masalehdan RE: NORTH ANDOVER—Solid Waste Management
Operations Manager Wheelabrator North Andover, Inc.
Trans Med USA, Inc. 285 Holt Road
31 Progress Avenue FM F#: 132771
Tyngsboro, MA 01879
Destruction of Expired Sanitizing Products
Waste Ban Waiver-310 OMIT 19.017(5)
Dear Mr. Masalehdan:
The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the November 17,
2023 and November 20, 2023 e-mails you submitted on behalf of Trans Med USA, Inc. requesting a
waiver from the Massachusetts Waste Ban requirements in order to dispose of alcohol hand sanitizer,
isopropyl alcohol,and isopropyl alcohol hand wipes at Wheelabrator North Andover, Inc., a municipal
waste combustor located in North Andover-, MA. According to your request,the products are expired
and are considered hazardous.
The request identifies fifteen (15) pallets of 70%alcohol ha rid sanitizer, six(6) pallets of 70% isopropyl
alcohol, and six(6) pallets of 75%isopropyl alcohol hand wipes that are in need of disposal. The hand
sanitizer and isopropyl alcohol are packaged in 4-ounce and 16-ounce plastic bottles, respectively. The
isopropyl alcohol hand wipes are packed in flat packs. All of the materials are packed in cardboard
boxes and loaded on pallets.
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 January 31, 2024.
Please note that alternative methods exist for the destruction of materials which do riot 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.Contact Melissa Esenyle at 617-626-1282.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:www.mass.gov/dep
Printed ors Rerycled Paper
NORTH ANDOVER—Wheelabrator North Andover, Inc. Page 2 of 3
Trans Med USA, Inc.—Tyngsboro 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 a Recyj�Lh�nV o ksMA.com.
This decision is issued by the MassDEP Linder the authority of M.G.L., Chapter 111, Section 150A and 310
CIVIR 19.000,the Massachusetts Solid Waste Regulations, This decision is limited to the waiver of the
Massachusetts Waste Ban requirements of section 310 CMR 19.017 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
Trans Med USA, Inc, is hereby notified that it may within twenty-one(21) days file a request that this
decision be cleerned a provisional decision under 310 CIVIR 1.9.033(4)(b), by submitting a written
staterrient of the basis on which Trans Med USA, 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 Trans Med USA, Inc. to exercise the right provided in this
section shall constitute a waiver of Trans Med USA,Inc.'s right to appeal.
Right�to A�eal. Any person aggrieved by the issuance of this decision,except as provided for under
310 CIVIR 19,033(4)(b), may file an appeal forjudicial 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 CIVIR 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
Department of Environmental Protection
100 Cambridge Street-9th Floor
Boston, MA 02108
and
Eric Worrall
Regional Director
Department of Environmental Protection
150 Presidential Way, Suite 300
Woburn, MA 01.801
11/21/2023
` NORTHANDOVER—WheelabratorNorthAndover, |nc Page 3 of 3
Trans Med USA, Inc.—Tyn8sboro Waste Ban Waiver
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
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.
K4assDEP appreciates your efforts tn comply with its regulations. |f you have any questions regarding
this issue, please contact Stephen Forrest at stephen.forrest mass,gov,
Sincerely,
'Ille�4 4 z
K4arkFairbrother, Section Chief
Solid Waste Management
MGF/SJRsjf Enclosures: Recycling Works/oMassachusetts
Fact Sheet: Your Business and the Waste Bons
cc: VVhee|abratVr North Andover, Inc.
285 Holt Road
North Andover, MA 01845
North Andover Board ofHealth
120 Main Street
North Andover, K4A 01845
ecz: Kevin BeaureQard,Win Waste Innovations
Email:
Matt Hughes,Win Waste Innovations
Email:
Erik Lueders, Win Waste Innovations
Email:
John Fischer, MassDEP-8ostmn/@AVV
11/Zl/2O23