HomeMy WebLinkAboutDEP - Administrative Consent Order - Correspondence - 210 HOLT ROAD 5/24/2021 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 09 s87 .978-694-3200
Charles D Baker Kathleen A.Theohandes
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
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May 24,2021
Jeff Thomson
Thomson Brothers Industries, Inc.
210 Holt Road
North Andover, MA 01845
RE: NORTH ANDOVER—Solid Waste Management
TBI Recycling,Inc.
210 Holt Road
FMF Number:291857
Administrative Consent Order#00011357
Dear Mr.Thomson:
Enclosed please find the fully executed copy of Administrative Consent Order with Penalty#00011357,
relative to the above-referenced case. The effective date of the Order is May 24,2021.
If you have any questions concerning this matter, please contact Mark Fairbrother at (978) 694-3298 or
by email to: mark.fairbrother@mass.gov.
Since ely,
John MacAuley
Deputy Regional irector
Bureau of Air and Waste
Enclosure: Administrative Consent Order with Penalty
cc: Mark Fairbrother, MassDEP-NERD/Solid Waste Management
Stephen Forrest, MassDEP-NERD/Solid Waste Management
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:www.mass.gov/dep
Printed on Recycled Paper
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the matter of: Enforcement Document Number:
Thomson Brothers Industries, Inc. 00011357
Issuing Bureau: BAW
Issuing Region/Office:NERO
Issuing Program: SW
Primary Program Cited: SW
Subpgm(s)Cited: N/A
Suffix(es):N/A
FMF/Program ID#291857
ADNM'gISTRATIVE CONSENT ORDER WITH PENALTY
AND
NOTICE OF NONCOMPLIANCE
I. THE PARTIES
I. The Department of Environmental Protection ("Department" or "MassDEP") is a duly
constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L.c.21 A,
§ 7. MassDEP maintains its principal office at One Winter Street,Boston, Massachusetts 02108,
and its Northeast Regional Office at 205B Lowell Street, Wilmington, Massachusetts.
2. Thomson Brothers Industries, Inc. ("Respondent" or "TBI, Inc.") is a Massachusetts
corporation with its principal office located at 210 Holt Road,North Andover, MA 01845. TBI,
Inc. is hereafter referred to as "Respondent." Respondent's mailing address for purposes of this
Consent Order is 210 Holt Road,North Andover, MA 01845.
II. STATEMENT OF FACTS AND LAW
3. MassDEP is responsible for the implementation and enforcement of M.G.L. c. I11, §§
150A and 150A1/2, the Solid Waste Management Regulations at 310 CMR 19.000, and the Site
Assignment Regulations for Solid Waste Facilities at 310 CMR 16.00. MassDEP has authority under
M.G.L. c.21A, § 16 and the Administrative Penalty Regulations at 310 CMR 5.00 to assess civil
administrative penalties to persons in noncompliance with the laws and regulations set forth above.
4. Respondent owns and operates the I TBI, Inc. Recycling Facility and Transfer Station
located at 210 Holt Road,North Andover, Massachusetts (the "Facility"). The Facility is a solid
waste handling facility operated under the regulations for Solid Waste Management set forth at
310 CMR 19.000. At the Facility, Respondent accepts construction and demolition ("C&D")
waste and commercial solid waste ("CSW') collected from waste generators in the region.
Respondent processes the waste and consolidates the C&D and CSW into transfer trailers for
In the Matter of: Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 2 of 11
shipment to off-site facilities for further processing or disposal. Respondent operates the Facility
under various permits and approvals issued by MassDEP, as described below.
5. The following facts and allegations have led MassDEP to issue this Consent Order:
A. The Facility is a solid waste management facility subject to compliance with the
requirements of 310 CMR 19.000 (the Massachusetts Solid Waste Management
Regulations)and the provisions thereof applicable to handling and processing
facilities including,but not limited to,the requirements of 310 CMR 19.043 and
310 CMR 19.200.
B. On December 26,2019, MassDEP issued a decision(Authorization Number:
SW45-0000058) approving certain interim operations at the Facility pending
Respondent obtaining the necessary permits for reconstruction of the Facility's
waste processing building that was destroyed on August 20,2019 during a
catastrophic fire.
C. On May 20, 2020,Respondent submitted to MassDEP for review and approval an
application,permit category BWP SW07 Modification of a Large Handling
Facility,Application Number: 20-SW07-0001 (the"Application"), for
reconstruction of the Facility's waste processing building. Additional information
regarding the Application was submitted on September 23, 2020. MassDEP has
not issued a decision regarding the Application.
D. On January 23,2021,Respondent submitted to MassDEP a Third-Party
I Inspection Report dated January 21,2021. The report included photographs
showing a reconstructed waste processing building at the Facility.
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E. On March 19,2021, a second fire occurred at the Facility inside the reconstructed
waste processing building during the installation of waste processing equipment.
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F. On March 23, 2021, MassDEP personnel conducted an inspection of the Facility.
During the inspection, MassDEP observed construction of the processing and
handling building to be near fully constructed and new waste processing
equipment had been installed within the building prior to the issuance of
? MassDEP's decision on the Application.
` G. On March 30,2021,the Town of North Andover issued to Respondent a Notice of
Violation regarding certain violations at the Facility. Respondent provided an
email,dated April 9,2020, from the Town's Building Inspector to Respondent
allowing Respondent to continue work to reconstruct the Facility. The April 9,
2020 email also stated that a Certificate of Occupancy is required prior to
resuming waste handling activities at the Facility.
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In the Matter of: Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021
Page 3 of 11
H. In accordance with the requirements of 310 CMR 19.000, Respondent was
required to obtain a valid permit from MassDEP prior to the reconstruction of the
waste processing and handling building and installation of new processing
equipment.
I. Therefore, based upon the facts described above, MassDEP has determined that
Respondent has violated the following requirements of 310 CMR 19.000,Solid
Waste Management:
SOLID WASTE REGULATIONS:
i. 310 CMR 19.028(5)—Requirements for Construction, Operation,
Modification or Expansion of a Solid Waste Management Facility, which
reads in relevant portion:
"No person shall construct, operate, maintain, expand or modify a facility to
store,process, transfer, treat or dispose of solid waste except in accordance
with: ...
5. any applicable modification permit pursuant to 310 CMR 19.033 or
19.034. "
ii. 310 CMR 19.015—Compliance;which reads in relevant portion:
"No person shall construct, modify, operate or maintain a facility except in
compliance with a site assignment,permit or plan approved by the board of
health or the Department, as applicable, and any authorizations issued by the
Department and all conditions included in a permit, approval or authorization
for said facility. "
6. On April 23, 2021, MassDEP issued to Respondent a Notice of Enforcement Conference
describing the foregoing violations and setting a date. to meet to discuss the violations and
MassDEP's requirements for coming into compliance. On April 27,. 2021, representatives of
Respondent and MassDEP personnel participated in a tele-conference to discuss Respondent's
noncompliance described in the Notice of Enforcement Conference and MassDEP's requirements
for coming into compliance.
III. DISPOSITION AND ORDER
For the reasons set forth above, MassDEP hereby issues, and Respondent hereby consents
to,this Order:
7. The parties have agreed to enter into this Consent Order because they agree that it is in
their own interests,and in the public interest,to proceed promptly with the actions called for herein
rather than to expend additional time and resources litigating the matters set forth above.
In the Matter of. Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 4 of 11
Respondent enters into this Consent Order without admitting or denying the facts or allegations
set forth herein. However,Respondent agrees not to contest such facts and allegations for purposes
of the issuance or enforcement of this Consent Order.
8. MassDEP's authority to issue this Consent Order is conferred by the Statutes and
Regulations cited in Part II of this Consent Order.
9. Respondent shall perform the following actions:
A. Compliance: Immediately upon the effective date of this Consent Order,
Respondent shall take the necessary action to return to compliance with the
regulations set forth at 310 CMR 19.000: Solid Waste Management Regulations,
including the following:
i. Cease all solid waste management activities at the Facility that are not in
compliance with the requirements of 310 CMR 16.00 and 310 CMR
19.000. These activities include,but are not necessarily limited to: the
receipt,handling,storage,processing,disposal and/or transfer of solid
waste at the Facility,except as,specifically allowed by MassDEP's
decision regarding interim operation of the Facility,issued December 26,
2019(Authorization Number: SW45-0000058), attached hereto as
Attachment A.
B. Within thirty(30)days of the effective date of this Consent Order, Respondent
shall submit to MassDEP information to update Respondent's pending
Application, category BWP SW07 Modification of a Large Handling Facility
(Application Number: 20-SW07-0001). Without limitation,the updated
Application shall include the final as-built design of the reconstructed waste
processing building,processing equipment layout, a list of installed equipment,
and detailed information regarding the Facility's fire suppression system.
C. Within thirty(30)days of the effective date of this Consent Order,Respondent
shall submit to MassDEP documentation demonstrating Respondent's compliance
with notice(s)of violation regarding the Facility issued by the Town of North
Andover,including but not limited to the Notice of Violation issued on March 30,
2021.
10. Except as otherwise provided, all notices, submittals and other communications required by
this Consent Order shall be directed to:
Mark Fairbrother
MassDEP—Northeast Regional Office
205B Lowell Street
Wilmington,MA 01887
In the Matter of Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 5 of 11
Such notices, submittals and other communications shall be considered delivered by Respondent
upon receipt by MassDEP.
11. Actions required by this Consent Order shall be taken in accordance with all applicable
federal,state,and local laws,regulations and approvals. This Consent Order shall not be construed
as,nor operate as,relieving Respondent or any other person of the necessity of complying with all
applicable federal, state, and local laws, regulations and approvals.
12. For purposes of M.G.L. c. 21A, § 16 and 310 CMR 5.00, this Consent Order shall also
serve as a Notice of Noncompliance for Respondent's noncompliance with the requirements cited
in Part II above. MassDEP hereby determines, and Respondent hereby agrees,that any deadlines
set forth in this Consent Order constitute reasonable periods of time for Respondent to take the
actions described.
13. Respondent shall pay to the Commonwealth the sum of twenty-one thousand,five hundred
and fifty-five dollars($21,555)as a civil administrative penalty for the violations identified in Part
H above,according to the following schedule:
A. Within thirty(30)days of the effective date of this Consent Order,Respondent
shall pay to the Commonwealth the sum of two thousand dollars($2,000);
B. Within ninety (90) days of the effective date of this Consent Order, Respondent
shall pay to the Commonwealth an additional four thousand,eight hundred and eighty-
five dollars($4,885);
C. Within one hundred eighty (180) days of the effective date of this Consent Order,
Respondent shall pay'to the Commonwealth an additional four thousand,eight hundred
and ninety dollars($4,890);
D. Within two hundred seventy (270) days of the effective date of this Consent Order,
Respondent shall pay to the Commonwealth an additional four thousand,eight hundred
and ninety dollars($4,890);
E. Within three hundred sixty-five (365)days of the effective date of this Consent Order,
Respondent shall pay to the Commonwealth an additional four thousand,eight hundred
and ninety dollars ($4,890).
This Consent Order establishes the schedule of payments and constitutes notice that the payments
are due as described above. Except for the first payment,and solely for Respondent's convenience,
billing notices may be sent to Respondent before each payment due date. All payments must be
made according to the schedule and terms agreed upon in this Consent Order,regardless of whether
Respondent receives billing notices. All payments made after the first payment must include the
billing stub from the billing notice(if received by Respondent). Failure to make timely payments
in accordance with the foregoing payment plan shall result in revocation of the payment plan. In
In the Matter of- Thomson Brothers Industries,Inc.
Document Number: 00011357
April 2021 Page 6 of 11
such event,the entire remaining penalty amount,plus interest dating back to the default date,shall
become immediately due to the Commonwealth.
14. Respondent understands, and hereby waives, its right to an adjudicatory hearing before
MassDEP on,and judicial review of,the issuance and terms of this Consent-Order and to notice
of any such rights of review. This waiver does not extend to any other order issued by the
MassDEP.
15. This Consent Order may be modified only by written agreement of the parties hereto.
16. The provisions of this Consent Order are severable, and if any provision of this Consent
Order or the application thereof is held invalid,such invalidity shall not affect the validity of other
provisions of this Consent Order, or the application of such other provisions,which can be given
effect without the invalid provision or application, provided however, that MassDEP shall have
the discretion to void this Consent Order in the event of any such invalidity.
17. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of MassDEP to issue any
additional order or to seek any other relief with respect to the subject matter covered by this
Consent Order, or(ii) any legal or equitable right of MassDEP to pursue any other claim, action,
suit, cause of action,or demand which MassDEP may have with respect to the subject matter
covered by this Consent Order, including, without limitation, any action to enforce this Consent
Order in an administrative or judicial proceeding.
18. This Consent Order shall not be construed or operate as barring,diminishing,adjudicating,
or in any way affecting, any legal or-equitable right of MassDEP or Respondent with respect to
any subject matter not covered by this Consent Order.
19. This Consent Order shall be binding upon Respondent, its successors and assigns.
Respondent shall not violate this Consent Order and shall not allow or suffer Respondent's
directors, officers, employees, agents, contractors or consultants to violate this Consent Order.
Until Respondent has fully complied with this Consent Order,Respondent shall provide a copy of
this Consent Order to each successor or assignee at such time that any succession or assignment
occurs.
20. In addition to the penalty set forth in this Consent Order, if any (including any suspended
penalty), if Respondent violates any provision of the Consent Order, Respondent shall pay
stipulated civil administrative penalties to the Commonwealth in the amount of$1,000 per day for
each day, or portion thereof,each such violation continues.
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and
shall continue to accrue until the day Respondent corrects the violation or completes performance,
whichever is applicable. Stipulated civil administrative penalties shall accrue regardless of
whether MassDEP has notified Respondent of a violation or act of noncompliance. All stipulated
civil administrative penalties accruing under this Consent Order shall be paid within thirty (30)
In the Matter of: Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 7 of 11
days of the date MassDEP issues Respondent a written demand for payment. If simultaneous
violations occur,separate penalties shall accrue for separate violations of this Consent Order. The
payment of stipulated civil administrative penalties shall not alter in any way Respondent's
obligation to complete performance as required by this Consent Order. MassDEP reserves its right
to elect to pursue alternative remedies and alternative civil and criminal penalties which may be
available by reason of Respondent's failure to comply with the requirements of this Consent Order.
In the event MassDEP collects alternative civil administrative penalties,Respondent shall not be
required to pay stipulated civil administrative penalties pursuant to this Consent Order for the same
violations.
Respondent reserves whatever rights it may have to contest MassDEP's determination that
Respondent failed to comply with the Consent Order and/or to contest the accuracy of MassDEP's
calculation of the amount of the stipulated civil administrative penalty. Upon exhaustion of such
rights, if any,Respondent agrees to assent to the entry of a court judgment if such court judgment is
necessary to execute a claim for stipulated penalties under this Consent Order.
21. The Respondent shall pay all civil administrative penalties due under this Consent Order,,
including suspended, or stipulated penalties and/or any associated fees. The Respondent has
four options for payment:
Option 1: certified check;
Option 2: cashier's check;
Option 3: on-line payment using a credit card;
Option 4: electronic transfer.
Option 1 and 2:
Certified or cashier's checks must be made payable to the Commonwealth of Massachusetts and
received within 30 days of the effective date of this Consent Order.
If payment is made by certified check or cashier's chec the Respondent shall clearly print on
the face of its payment Respondent's full name,the enforcement document number appearing on
the first page of this Consent Order, and Respondent's Federal Employer Identification Number,
and shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O.Box 3982
Boston,Massachusetts 02241-3982
(IMPORTANT NOTE: DO NOT INCLUDE THE SIGNED ACOP WITH PAYMENT BY
CHECK
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In the Matter o£ Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 8 of 11
Option 3:
On-line Payment Using Credit Card
Your prospective BILL will contain information necessary to pay on-line by credit card. When
you receive your BELL:
LOG ONTO THE MassDEP e-PAYMENT WEB SITE AT:
HTTP S://W W W.MAS SPAYS.C OM/dep
On—line payment using credit card is due within 30 days of the effective date of this Consent
Order.
(If a BILL(invoice)is not received within 10 days of the effective date of the consent order,
you should contact The Revenue Department at 617-292-5668 to obtain a copy of your BILL
(invoice))
Option 4:
Electronic Funds Transfer
Respondent must complete the enclosed form"Electronic Funds Transfer Request" found on the
last page of this document and,within 10 days of the effective date of this Consent
Order, submit payment request to Director,BAS Division of Fiscal Management via Facsimile
at the MassDEP Revenue Number: 617-556-1049 or via mail to:
Department of Environmental Protection
Attn: Revenue Unit
1 Winter Street,4th Floor
Boston,MA 02108
In the event Respondent fails to pay in full any civil administrative penalty as required by this
Consent Order, then pursuant to M.G.L. c. 21A, § 16, Respondent shall be liable to the
Commonwealth for up to three (3) times the amount of the civil administrative penalty, together
with costs, plus interest on the balance due from the time such penalty became due and attorneys'
fees, including all costs and attorneys' fees incurred in the collection thereof. The rate of interest
shall be the rate set forth in M.G.L. c. 231, § 6C.
22. Failure on the part of MassDEP to complain of any action or inaction on the part of
Respondent shall not constitute a waiver by MassDEP of any of its rights under this Consent Order.
Further, no waiver by MassDEP of any provision of this Consent Order shall be construed as a
waiver of any other provision of this Consent Order.
23. To the extent authorized by the current owner, Respondent agrees to provide MassDEP,
and MassDEP's employees, representatives and contractors, access.at all reasonable times to the
Facility for purposes of conducting any activity related to its oversight of this Consent Order.
Notwithstanding any provision of this Consent Order,MassDEP retains all of its access authorities
and rights under applicable state and federal law.
24. This Consent Order may be executed in one or more counterpart originals, all of which
when executed shall constitute a single Consent Order.
In the Matter of: Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 9 of 11
25. The undersigned certify that they are fully authorized to enter into the terns and conditions
of this Consent Order and to legally bind the party on whose behalf they are signing this Consent
Order.
26. This Consent Order shall become effective on the date that it is executed by MassDEP.
SPECIAL INSTRUCTIONS:
Your two signed conies of the Administrative Consent Orders with Penalty(ACOP)must be
delivered for execution(signature)by MassDEP to the following address
MassDEP—Northeast Regional Office
205B Lowell Street
Wilmington,MA 01887
MassDEP will return one signed copy of the ACOP to you after MassDEP has signed,provided
you have followed the above instructions.
Payment will be due,pursuant to the instructions outlined within the ACOP after you receive
your fully executed copy.
PLEASE DO NOT INCLUDE YOUR PAYMENT WITH THE SIGNED ACOPs SIGNED
ACOPS ARE TO BE SENT TO THE ABOVE ADDRESS.
Please call Helen Howard at(617)292-5668 if you have questions regarding payment and/or
instructions.
Consented To:
Zj
RO INDUSTRIES,INC.
J esident
210 Holt Road
North Andover,MA 01845
Federal Employer Identification No.: 6
Date:
_.. .- . -s
In the Matter of Thomson Brothers Industries, Inc.
Document Number: 00011357
April 2021 Page 10 of 11
Issued By:
DEPARTMENT OF ENVIRO NTAL PROTECTION
By:
Eric Wo
Regional Director
MassDEP Northeast Regional Office
205B Lowell Street .
Wilmington,MA 01887
Date:
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(Respondent Letterhead required)
Department of Environmental Protection
Attn: Revenue Unit
1 Winter Street,4th Floor
Boston, MA 02108
Revenue Number: 617-292-5668
Fax Number: (617) 556-1049
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iRE: Electronic Funds Transfer Request
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[Respondent fills in Enforcement Document Number]
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;
Director, BAS Division of Fiscal Management:
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jIn order to complete a wire transfer for payment of the penalty assessed under(list enforcement
number here), (put Respondent name here)requests the following information:
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DEP's legal address,
DEP's Federal Tax Identification Number,
The name and address of DEP's bank,
} DEP's account name and number,and
The ABA/routing number for DEP's account.
Please mail or fax this information to:
Respondent's contact name:
Address:
Revenue Number: 617-292-5668
Fax number: 617-556-1049
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Sincerely,
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Signed:
t Print name:
Title:
Work number:
Date:
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ATTACHMENT A
Commonwealth of Massachusetts
Executive Office of Energy&Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•2058 Lowell Street, Wilmington MA 01887.978-6943200
Charles D.Baker
Governor
Kathleen A.Theoharides
Secretary
Karyn E.Polito
Lieutenant GovernorMartin Suuberg.
Commissioner
December 26,2019
Jeff Thomson
TBI Recycling,Inc.
210 Holt Road
North Andover,MA 01845
RE: NORTH ANDOVER—Solid Waste Management
TBI,Inc.Recycling Facility
2.10 Holt Road
FMF Number.291857
BWP SW45 /Alternative Review
Authorization Number. SW45-0000058
Interim Operations Plan
Conditional Approval
Dear Mr. Thomson:
The Massachusetts Department of Environmental Protection,Northeast Regional Office, Bureau
of Air and Waste,Solid Waste Management Section(MassDEP)has reviewed your application,
category BWP SW45 Any Facility-Presumptive Approval, Application Number: 19-SW45-
000041-APP(the Application), for the proposed interim operation of the TBI,Inc.Recycling
Facility located at 210 Holt Road in North Andover,MA(the Facility). TBI,Inc. operates the
Facility under permits issued pursuant to the Massachusetts Solid Waste Management
Regulations at 310 CMR 19.000,including,without limitation,a Facility Permit and Revised
Authorization to Operate issued by MassDEP on October 31,2012,Transmittal Number:
X236762(the 2012 ATO). The Application was prepared and submitted to MassDEP on behalf
of TBI, Inc. (TBI)by Green Seal Environmental,Inc.of Sagamore Beach,MA.
On August 20,2019,MassDEP was informed that a fire occurred at the Facility damaging the
building and processing equipment. As a result,waste handling operations at the Facility have
ceased. The Application proposes to resume limited waste handling activities at the site on an
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:www rnass.govldep
Printed on Recycled Paper
NORTH ANDOVER—TBI,Inc. Page 2 of 7
Interim Operations Plan
BWP SW45/Authorization Number: SW45-0000058
interim basis until the Facility can be fully reconstructed. TBI anticipates reconstruction of the
Facility to take place during the 2020 construction season,pending receipt of applicable permits
from MassDEP and the Town of North Andover. On an interim basis,TBI proposes to accept
and transfer up to 300 tons per day of construction and demolition waste(C&D Waste)and
commercial solid waste(CSW).materials within the building footprint using the Facility's
existing concrete bunkers, as modified(covered).
DICUSSIOPI
As discussed in the Application,the,proposed Interim Handling Plan described below will allow
the.Facility to resume limited waste acceptance and recycling(up to 300 tons per day)prior to
rebuilding the Facility and resuming full C&D Waste processing.
As proposed,waste receipt will occur within the footprint of the former processing building.
Three existing concrete bunkers located on the eastern side of the Facility have been covered
with steel sheathing fastened to metal supports to shield this area from precipitation. TBI will
utilize this area for the tipping and limited kick-sorting of incoming waste. The covered bunkers
will provide temporary storage of C&D Waste,CSW,and wood. Additionally,the five concrete
bunkers located along the rear(south side)of the Facility will be used for unloading smaller
loads of waste and for the storage of wood and metal that is source-separated or has been kick-
sorted and separated from waste by Facility personnel.
An existing load-out area(the load-out bay)is located along the eastern side of the building and
will be utilized for loading waste into open-top transfer trailers. The load-out bay is shielded by
two rows of stacked shipping containers(Conex-type boxes)which provide a 100-foot long by
18-foot high barrier intended to reduce the potential for nuisance litter and/or dust during load-
out activities.
As stated in the Application,TBI will incorporate several operational controls to prevent
nuisance conditions during interim waste handling activities, including the following_
a. covered tipping areas;
b. a barrier wall(shipping containers)constructed adjacent to load-out area;
c. pressure washers for temporary misting in the tipping and load-out areas;
d. a fire truck on site(with hoses)available to wet down materials as needed during
tipping and load-out;
e. removal of all waste materials from the tipping areas at the end of each day;
f. daily litter cleanup and sweeping of site;and
g. halting the tipping and/or loading operations in the event the operational controls
are not effective.
The requirements of the Facility's Operation and Maintenance Plan and Waste Ban Compliance
procedures will remain in full effect during interim waste handling operations, except as may be
modified by the Application and this decision. TBI will inspect all incoming loads for waste ban
materials and unacceptable materials(Le.,suspect asbestos,other special wastes and hazardous
materials,etc.)and respond in accordance with the Facility's existing plans and approvals. TBI
12/26/19
NORTH ANDOVER—TBI,Inc. Page 3 of 7
Interim Operations Plan
BWP SW45/Authorization Number: SW45-0000058
will perform limited kick-sorting' of C&D Waste and send the remaining Category 1 C&D
Waste2 to another MassDEP approved C&D Waste Processor. Kick-sorted recyclable
commodities and/or source-separated recyclable materials will be sent directly to recycling end-
markets.
Rebuilding of the permanent Facility will be the subject of separate review and approval by
MassDEP.
DECISION
MassDEP has reviewed the Application and approves the Interim Handling Plan for the Facility,
as described in the November 2019 Application,subject to TBI's compliance with the conditions
of this decision imposed by MassDEP pursuant to 310 CMR 19.043(1), items subject to
conditions.
This decision is issued by MassDEP pursuant to M.G.L.Chapter 111,§ 150A and the
implementing regulations thereunder at 310 CMR 19.000,the Solid Waste Management
Regulations.This decision does not relieve TBI,or any other person,of the responsibility to
comply with all other applicable federal,state and local statutes,regulations and requirements.
TBI is hereafter referred to as the Permittee.
In issuing this decision,MassDEP is not approving the rebuilding or other modification of the
Facility. As discussed above,rebuilding and modification of the Facility will be the subject of
separate review and decision by MassDEP.
CONDITIONS
1. The Permittee shall comply with this decision and the requirements of 310 CMR 19.000,
including,but not limited to,the requirements established at 310 CMR 19.043(5)Standard
Conditions.
2. This decision is subject to any restrictions contained in the Facility's site assignment or any
restrictions contained in applicable local, state and federal laws and regulations.
3. The Permittee shall ensure persons conducting activities at the Facility are familiar with the
applicable provisions of this decision and the approved plans, and that all work performed at
the Facility complies with 310 CMR 19.000 and the applicable requirements of this decision.
' Kick-Sorting means the partial separation of waste material which may include,but is not limited to,the removal
of metal,large pieces of wood,bulky waste,and zero tolerance waste ban items(i.e.,cathode ray tubes,tires,lead
batteries and white goods).
2 Category I-Construction and Demolition Waste means mixed C&D Waste and partially picked C&D Waste.
Partially picked C&D Waste may include,but is not limited to,materials that may have been previously kick-sorted
off-site for the removal of metal,large pieces of wood,bulky waste,and zero tolerance waste ban items_
12/26/19
NORTH ANDOVER—TBL Inc: Page 4 of 7
Interim Operations Plan
BWP SW45/Authorization Number: SW45-0000058
4. The activities,subject to this decision shall be carried out in a sanitary,orderly and
dependable manner and in accordance with the Interim Handling Plan included with the
Application.
5. All terms and conditions of the current operating permit(s)and approved plans for the
Facility,including without limitation,the Facility's 2012 ATO,approved Operation and
Maintenance Plan and Waste Ban Compliance Plan,shall remain in full force and effect
except as may be modified by this decision.
6. The Permittee shall not accept more than a total of 300 tons of Construction and Demolition
Waste and Commercial Solid Waste on any given day.
7. The Permittee shall provide for continuous supervised unloading of waste material from
incoming vehicles. All vehicles shall be unloaded at the direction of the attendant or
equipment operator on duty.
8. All incoming waste shall be loaded to transfer trailers or other containers. At the end of each
working day,all waste shall be removed from the tipping area and either transferred for off-
site disposal or stored in covered trailers or containers,for off-site shipment on the next day
of operation_
9. The Permittee shall ensure visual inspection of the-material for suspect Asbestos-Containing
Materials(ACM)by a qualified individual as the material is being received,as it is being
handled and as it is being loaded for shipment. The Permittee shall comply with the
Asbestos Inspection Protocol referenced in the 2012 ATO.
10. The Permittee shall,without limitation,implement Best Management Practices to prevent the
occurrence of nuisance conditions. This shall include,without limitation,measuras to
prevent wind-blown dust and litter,fugitive dust emissions,odors,noise,end potential public
health issues associated with the operation of the Facility. In addition to the procedures
specified in the November 2019 Application,the Permittee shall implement measures to
ensure:
a. good housekeeping practices and maintenance of the entire Facility area;
b. dust suppression measures to prevent wind-blown dust and fugitive dust
emissions(water shall not be used for dust control in amounts that produce
excessive infiltration,ponding,runoff or erosion);
c. street sweeping of the Facility area,as needed;
d_ prevention of scattered refuse and wind-blown litter, and
e. ongoing inspection of the Facility area for scattered litter,and regular litter
collection from throughout and beyond the Facility as necessary.
11. In the event any nuisance conditions occur,the Permittee shall take the necessary measures
to abate and eliminate said nuisance conditions,including,but not limited to,ceasing or
reducing the receipt of waste,ceasing the handling of waste at the Facility,and taking the
necessary actions to prevent the conditions from re-occurring.
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NORTH ANDOVER—TBL Inc. Page 5 of 7
Interim Operations Plan
BWP SW45/Authorization Number: SW45-0000058
12. The Permittee shall comply with the notifications described in this decision and 310 CMR
19.043(5)(i),Duty to Inform. These notifications are in addition to,and shall not substitute
for, any other notification(s)which are required pursuant to 310 CMR 40.0000,the
Massachusetts Contingency Plan(the MCP), and 310 CMR 30.000,the Massachusetts
Hazardous Waste Regulations or any other applicable state,federal,or local law or
regulation.
a. The Permittee shall notify MassDEP and the North Andover Board of Health within
twenty-four(24)hours,whenever possible, but in no case later than within forty-eight
(48)hours of the Permittee,the Engineer of Record or contractor(s),becoming aware
of:
i. The occurrence of any conditions or events at the Facility that result in
off-site nuisance conditions or a threat to the public health,safety,welfare
or the environment;
ii. The details of any incidents that resulted in the response of emergency
personnel(fire,police,MassDEP Emergency Response personnel,the
Occupational Health and Safety Administration,etc.)to the Facility;
iii. The receipt by the Permittee of any complaint of off-site nuisance
conditions attributed to operation of the Facility.
b. This written notification shall be made by email simultaneously to the Solid Waste
Section Chief, Deputy Regional Director of the Bureau of Air& Waste and the
Department's assigned environmental analyst at MassDEP's Northeast Regional
Office. Currently these individuals are as follows:
Mark Fairbrother, Solid Waste Section Chief
Email:mark.fairbrother@mass.gov
Telephone: (978)694-3298
Susan Ruch,Deputy Regional Director, Bureau of Air& Waste
Email: Susan ruchgmass.gov
Telephone:(978)694-33 84
John Morey,Environmental Analyst
Email: iohn.morey@p2, gss.gov
Telephone: (978)694-3297
c. This notice shall,at am inim urn,include a description of the incident and/or
complaint,the impact on the construction activities authorized by this decision, and a
description of any corrective actions the Permittee has taken or intends to take to
minimize the potential for a recurrence.
13.This approval expires on September 30,2020, unless extended in writing by MassDEP.
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NORTH ANDOVER—TBI, Inc. Page 6 of 7
Interim Operations Plan
BWP SW45/Authorization Number. SW45-0000058
14. Any additional activities or modifications not described in the Application may require
notification of MassDEP,and the preparation and submittal of a separate application for
permit modification.
15. MassDEP reserves the right to rescind,suspend or modify this approval based upon a
determination that the activity causes or contributes to the development of nuisance
conditions,is not being operated safely or in accordance with this approval,or results in a
threat to the public health, safety or the environment.
NOTICE OF RIGHT TO APPEAL
TBI Recycling,Inc. (TBI) 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 19.03 3(4)(b),by
submitting a written statement of the basis on which TBI 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 TBI to exercise the right
provided in this section shall constitute a waiver of TBI's right to appeal.
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. 150 A,and M.G.L. c. 30A,not later than thirty(30)days
following the receipt 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 remain effective.
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. The appropriate addresses to which to send such
notices.are:
General Counsel
Department of Environmental Protection
One Winter Street- 3rd Floor
Boston,MA 02108
and
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NORTH ANDOVER—TBI,Inc. Page 7 of 7
Interim Operations Plan
BWP SW45/Authorization Number: SW45-0000058
Eric Worrall, Regional Director
Department of Environmental Protection
205B Lowell Street
Wilmington,MA 01887
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 those
regulations,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.
If you have any questions about this matter,please contact John Morey at(978)694-3297.
Sincerely,
Mark G. Fairbrother John Morey
Section Chief Environmental Analyst
Solid Waste Management Solid Waste Management
MGF/JPM/jpm
Enclosure:Communication for Non-English Speaking Parties
cc: Susan Ruch,Deputy Regional Director,MassDEP-HERO,Bureau of Air and Waste
Email: susan_rucb4jgass.gov
Brian LaGrasse
North Andover Board of Health
120 Main Street
North Andover,MA 01845
Email:blagrasse@,northandoverra&-ov
Peter Flood(Green Seal Environmental,Inc.)
Email: peter@gseenv.com
12/26/19