HomeMy WebLinkAboutWheelabrator NA - Solid Waste Management - SORB - Correspondence - 285 HOLT ROAD 10/24/2023 Canicnonvieah:h of Massachusetts
Executive Office of Energy 6.' n vk ronnientaV Affa r,,i
Departa ient of Environmental Protection
('31 1 7 5�,Dz 32C,C)
October 24, 2023
Lt. Paul Cotter HE: NORTH ANDOVER—Solid Waste Managernent
Lynn Police Department Wheelabrator North Andover, Inc.
Records Division—Keeper of Records 285 Holt Road
SORB & Firearms Licensing Officer FMF#: 132771
300 Washington Street
Lynn, MA 01902 Destruction of Confidential DOCUments,
Waste Ban Waiver-310 CMR 19.017(5)
Dear, Lt. Cotter:
The Massachusetts Department of Environmental Protection (MassDEP) has reviewed the October 19,
2023 e-mail You submitted on behalf of the City of Lynn Police Department (the Lynn Police
Department) requesting a waiver from the Massachusetts Waste Ban requirements in order to dispose
of confidential material at Wheelabrator North Andover, Inc., a municipal waste combustor located in
North Andover, Massachusetts, According to Your request, the Lynn Police Department has identified
law enforcement sensitive documents which require SeCUre disposal. 1'he request estimates that the
Lynn Police Department will deliver approxiniately 75 to 85 boxes of paper records for disposal. "The
anticipated disposal date is October 2023.
MassDEP has previously issued waiver's to the Lynn Police Department for the disposal of similar
materials, YOUr e-mail requests reh&from thO Massachusetts Wastc, Ban requirements of section 31.0
CMR 19.017 of the Massachusetts Solid Waste Regulations in order to provide for the disposal of these
sensitive rnaterials.
Pursuant to 310 CMR 19.01.7(5), MassDEP approves the incineration of the subjEzct materials at the
Wheelabrator North Andover, Inc. facility. This approval applies only to the materials specified herein,
in so far as alternative deStRlCtiOli 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
Massachusetts Waste Bans, Together with the Center for Eco"Fechnology, MassDFP has established a
program to provide assistance to businesses and institutions. The Recycling Works in Massac-husetts
program is available to answer your questions about recycling, composting, and waste reduction, such
as how to manage specific niaterials, 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
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(# YassR�My Sejrjk�u 800 4391,2370
NOR1 H AN I)OVFR—Wheelabrator North Andover, Inc. Page 2 of 3
Lynn Police Departn'ient Waste Ban Waiver
Mossuchusetts to discuss your specific needs by telephone at (888) 254-5525 or by e-mail to:
i R This decision is issued by the MassDEP under the authority of M.G.L., Chapter 1.11, Section 150A and 31.0
CMR 19.000, the Massachusetts Solid Waste Regulations. This decision is limited to the waiver of the
Massachusetts Waste Ban reqUirernents 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
'rhe Lynn Police Departn)ent 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 Lynn Police Department 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 (2 1)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 Lynn Police Department to exercise the right provided in
this section shall constitute a waiver of the Lynn Police Department's right to appeal.
Right to _peal. Any person aggrieved by the issuance of this decision, except as provided for under
31,0 CIVIR 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. Vie 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 reClUests 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 Actio, . Any aggrieved person intending to appeal this decision to the SLJperior Court shall first
provide notice to the Department of their intention to commence Such action, Said notice of intention
shall include the Department file rh1inber and shall identify with partiCUlarity the issues and reasons why
it is believed the decision was riot proper. Such notice shall be provided to the Office of General Counsel
of the Departrrient and the Regional Director for the regional office which processed the application at
least five days prior to the filing of an appeal. I lie appropriate addresses to which to send such notices
are:
General Counsel
Massachusetts Department of Environrnental Protection
100 Cambridge Street- 9th Floor
Boston, MA 02108
and
Eric Worrall, Regional Director
Massachusetts Department of Environniental Protection
Northeast Regional Office
150 Presidential Way, Suite 300
Woburn, MA 01,801
No allegation shall be rnacie in any judicial appeal of this decision urfless the matter complained of was
raised at the appropriate point in the administrative review procedures established in 310 CMR 19.000,
1012412023
NORI H ANDOVER.--Wheelabrator Noith Andover, Inc. Page 3 of 3
Lynn Police Department Waste Ban Waiver
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 SLICh 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,
'41
.........
(7,t1c,
Mark Fairbrother,Section Chief
Solid Waste Management
MGF/SJF/sjf
Enclosures- Recycling Works in Mossachus(,1ts
Fact Sheet- YOUr Business and the Waste Bons
cc: Wl'-welabrator North Andover, Inc.
285 Holt Road
North ,Andover, MA 01845
North Andover Board of Health
120 Main Street
North Andover, MA 01.845
ecc: Kevin BeaUregard, Win Waste Innovations
Email: <L�eawej �ri..waste.cor n
Matt Hughes, Win Waste Innovations
En-41: vvaste.corn
John Fischer, MassDEP-Boston/BAW
10/2 41,12 02 3