HomeMy WebLinkAboutDEP - BAW / Solid Waste - Correspondence - 210 HOLT ROAD 4/23/2021 Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887.978-694-3200
Charles D.Baker Kathleen A.Theoharides
Governor Secretary
Karyn E.Polito Martin Suuberg
Lieutenant Governor Commissioner
April 23, 2021
Thomson Brothers Industries, Inc. RE: BAW/Solid Waste—NORTH ANDOVER
210 Holt Road TBI Recycling, Inc.
North Andover, MA 01845 210 Holt Road
Attention: Jeff Thomson FMF#291857
NOTICE OF ENFORCEMENT TELECONFERENCE
THIS IS AN IMPORTANT NOTICE.FAILURE TO RESPOND TO THIS NOTICE COULD
RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr. Thomson:
Department personnel observed during a compliance inspection at TBI Recycling, Inc.
located at 210 Holt Road in North Andover,MA was not in compliance with one or more laws,
regulations, orders, licenses,permits, or approvals enforced by the Department, specifically Solid
Waste Management and regulations 310 CMR 19.000.
Due to these noncompliance issues,the Department intends to take enforcement action
against TBI Recycling, Inc. Possible actions include issuance by the Department of an
ENFORCEMENT ORDER, a CIVIL ADMINISTRATIVE PENALTY and/or referral of the matter
to the Attorney General's office for CIVIL or CRIMINAL PROSECUTION.
Prior to proceeding with enforcement action,the Department requests that you attend an
Enforcement Teleconference on:
DATE: April 27, 2021
TIME: 11:00 AM
Information for connecting to the video conference will be provided separately by email.
This information is available in alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website wwwrnass.gov/dep
Printed on Recycled Paper
NORTH ANDOVER—TBI,Inc.
Notice of Enforcement Teleconference
Page 2
The purpose of the enforcement teleconference is to provide you with the opportunity to
discuss the alleged violations and to reach a negotiated settlement with the Department to return to
compliance. At the enforcement conference,the Department may discuss assessment of a civil
administrative penalty for the alleged violation(s). The Department considers several factors in
determining whether to assess a penalty and the amount of a penalty for each violation. Some of the
factors that the Department considers,and for which you may wish to provide information, include,
but are not limited to,whether you took steps to prevent the violation, or to promptly return to
compliance after the violation, or to remedy and mitigate any harm caused by the violation;your
financial condition;the public interest; and any other information you would like to provide. Please
note that if you intend to assert that you do not have the ability to pay some or all of a penalty,the
Department will require that you provide documentation to support your assertion.
A draft Administrative Consent Order with Penalty(ACOP)has been prepared,and is
enclosed for review. The draft ACOP includes a written description of the requirements violated,
the actions MassDEP wants TBI, Inc. to take and the deadlines for taking such actions.
If you either do not attend the enforcement teleconference or do not reach a negotiated
settlement,the Department will initiate appropriate enforcement action and you will have limited,if
any, further opportunity to reach a negotiated settlement of this case.
By April 26,2021,please contact Mark Fairbrother at mark.fairbrother�a,mass.gov to
confirm who will attend the Enforcement Teleconference. If you plan to be represented by counsel
at the teleconference,please indicate that when you contact Mark Fairbrother so that we can arrange
to have an attorney present. You are responsible for providing your legal counsel the information to
attend the Enforcement Teleconference.
Very truly yours,
This final document copy h being presided to yoe eltdmIlaflr by the
Department of Ensironmental Protection.A signed cops of this document
is on file at the DEP office listed on the letterhead.
John MacAuley
Deputy Regional Director
for the Bureau of Air and Waste
cc: North Andover Health Department
Email: blagrasse(a,northandoverma.gov
Colleen McConnell, MassDEP-NERD/Office of General Counsel
Mark Fairbrother,MassDEP-NERD/Solid Waste Management
Stephen Forrest, MassDEP-NERD/Solid Waste Management