HomeMy WebLinkAboutDEP - Facility Reconstruction and Modifiation Conditional Approval - Correspondence - 210 HOLT ROAD 3/7/2022 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA o1887 .978-694-3200
Charles D. Baker Kathleen A.Theoharides
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
March 1,2022
Jeff Thomson RE: NORTH ANDOVER—Solid Waste Management
Thomson Brothers Industries,Inc. TBI,Inc.
210 Holt Road 210 Holt Road `��Gomsp
North Andover,MA 01845 FMF#: 291857 ,L
W 1
BP SW07/Modification of Large Handling FaciU 01�'% O�Et�
Authorization Number: SW07-0000022 M NDO P�
Facility Reconstruction
and Modification�o N�p�NOEP
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
SW07 Modification of a Large Handling Facility, Application Number: 20-SW07-000 1-APP(the
Application),to reconstruct the TBI,Inc. Solid Waste Facility(the Facility)located at 210 Holt Road in
North Andover, MA. The Application was prepared and submitted to MassDEP on behalf of TBI, Inc.
(TBI or the Permittee)by Green Seal Environmental,Inc.of Sagamore Beach,MA.
The Application proposes reconstruction of the Facility's waste handling building and waste processing
line that were destroyed on August 20,2019 during a catastrophic fire. The Application also proposes
certain modifications to the Facility. Additional information to support the Application was submitted on
September 23,2020 and November 2, 2021 that provides a description of the processing line and updated
plans of the general facility layout. The Application does not propose any changes to the Facility's
existing waste handling capacity.
On December 19,2018, TBI submitted an Authorization to Operate(ATO)renewal application for the
Facility(18-SW07-000009-APP). The ATO application is currently on hold pending the approval and
completion of the proposed modifications discussed in the current Application and this decision.
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 had ceased.
On December 26,2019, MassDEP issued a decision(Authorization Number: SW45-0000058)that
allowed 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.
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
NORTH ANDOVER—TBI,Inc. Page 2 of 7
Facility Modification(BWP SW07/Authorization Number:SW07-0000022)
On March 19,2021,a second fire occurred at the Facility inside the reconstructed waste handling building
during the installation of waste processing equipment.
Current Application
The Application describes the reconstruction of the Facility,with a revised Operation and Maintenance
Plan(O&M Plan)for the Facility. Plan sets are also included, showing the building design,sprinkler
system,and the proposed materials handling/new processing line.
An updated"as-built"plan was submitted showing partially completed modifications and facility layout,
dated.November 2,2021.
The Application describes the general sequence of operations. Facility modifications include installation
of a new C&D Waste processing line. The processing line is made up of ten stages of waste
handling/processing which includes the following:
• Delivery;
• Tipping and inspection;
• Pre-picking;
• Initial shredding;
• Initial screening;
• Recyclable picking—CBI Airmax sorting;
• Fines screening;
• Ferrous and nonferrous metal removal;
• Wood handling;and
• Load-out(to include direct loading of residual material to trailers,using compacting equipment to
be installed later;discussed below.)•
After weighing at the on-site scale,inbound vehicles are directed to back into the processing building
where the load contents are dumped onto the tipping floor and inspected.
Mixed waste is pushed into a stockpile and will be subsequently processed to separate recoverable
materials. The new equipment layout consists of the following:
• CBI annihilator slow speed shredder,
• Hustler steel pan conveyor;
• Action tapered slot screen;
• CBI Airmax density separator;
• Action vibra pan(I I'wide);
• Komptec Ballistor model 10300 ballistic separator(14'wide);
• inline electro-magnet;
• CBI 3648 grizzly; and
• cross-belt magnet.
0310112022
NORTH ANDOVER—TBI,Inc. Page 3 of 7
Facility Modification(BWP SW07/Authorization Number:SW07-0000022)
The November 2021 letter provides an update on the reconstruction process and states that the installation
of the processing line has been completed in substantial conformance with the plans and details submitted
in September 2020. Only minor changes to the heights of conveyors were made to account for interior
walls. The processing line flow diagram and description provided in the Application includes the existing
equipment that were not damaged in the fire(annihilator shredder and associated conveyor as well as the
grizzly mill).
In addition,as stated in the November 2021 update,the design includes a new fire suppression system
approved by the Town of North Andover Fire Department. The fire suppression system is installed and
operational. A portion of the misting system including over the tipping doors and tipping floor has been
installed and is operational. The updated site plan shows the misting system locations above the tipping
doors,through the center of the tipping floor,and in the vicinity of the ballistics separator and the grizzly
mill. The remaining misting system zone over the grizzly mill and ballistics separator is scheduled to be
installed and tested prior to full operation of the system.
The following activities are proposed for completion prior to full operation of the Facility:
• Reinstallation of the wood conveyor belt that moves wood debris from the wood mill to the
storage bunker;
• completion of extra bracing of the support structure;
• Installation of the steel conveyor and belt feeding the vibe-pan to ballistic separator;and
• Installation of new doors at the tipping area.
The existing bag house to the west of the building is in place and functional with five 20-inch diameter air
intakes relocated in the western wall next to the tipping floor. The intakes are located above the steel
protective wall atop of the concrete push wall.
An additional modification was added to the layout to include the future installation of a waste
baler/compactor proposed at the western load-out bay. The compactor equipment pushes waste directly
into a truck. The proposed unit is a pre-load compactor manufactured by SSI(Model 4500),and no date
for installation is provided. The location of the equipment is shown on the updated site plan.
MassDEP has reviewed the process separation rate data for all Massachusetts C&D Waste Handling and
Processing Facilities and has issued guidance on Waste Ban Compliance and a Minimum Performance
Standard for the recovery of banned and recoverable materials from incoming material streams.
MassDEP may require the Permittee to update the Facility's Waste Ban Compliance Plan, as necessary,to
reflect MassDEP's updated guidance and Minimum Performance Standard.
DECISION
MassDEP has reviewed the Application pursuant to 310 CMR 19.000,the Solid Waste Management
Regulations and 310 CMR 19.038 Review Criteria for a New or Expanded Facility Permit or Permit,
Modi cation. MassDEP has determined that the Application demonstrates the Facility meets the
applicable criteria and,therefore,approves the Application subject to the Permittee'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 convey property rights of any sort or any exclusive privilege. Nothing in this decision relieves
0310112022
NORTH ANDOVER—TBI,Inc. Page 4 of 7
Facility Modification(BWP SW07/Authorization Number:SW07-0000022)
the Permittee,or any other person,of the responsibility to comply with all applicable state,federal,and
local laws, and regulations.
This decision does not approve the beneficial re-use of any solid waste or recovered materials subject to
310 CMR 19.060. In addition,this decision does not modify the Facility's existing Beneficial Use
Determinations(BUDs)and does not relieve the Permittee from complying with the requirements of any
BUDs relative to the Facility issued 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. 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 as part
of this project complies with 310 CMR 19.000 and the applicable requirements of this decision.
3. The Permittee shall ensure that all necessary actions are taken to protect the health and safety of
workers and the general public during the project.
4. The Permittee shall limit modification of the Facility to the proposed reconstruction and
equipment installation as depicted and described in the Application,Application Number:
20-SW07-0001-APP, and this decision. 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.
5. The activities subject to this decision shall be carried out in a sanitary, orderly, and dependable
manner.
6. During construction of the proposed modifications and until such time as the Permittee has
obtained MassDEP's decision on the application for renewal of the Facility's Authorization to
Operate and MassDEP has issued a new ATO for the Facility,the Permittee shall operate the
Facility in accordance with MassDEP's existing decision regarding interim operation of the
Facility,issued December 26,2019(Authorization Number: SW45-0000058),attached hereto as
Attachment 1. (Also refer to Condition 8,below,regarding submittal of certification following
project completion.)
7. The Permittee shall comply with the notifications described in this decision and 310 CMR
19.043(5xi),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 greater than within forty-eight(48)hours of
TBI,the Engineer of Record or contractor(s),becoming aware of:
i. The occurrence of any conditions or events that result in off-site nuisance
conditions or a threat to the public health,safety,welfare,or the environment.
0310112022
NORTH ANDOVER—TBI,Inc. x Page 5 of 7
Facility Modification(BWP SW07/Authorization Number:SW07-0000022)
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; and
iii. The receipt by the Permittee of any complaint of off-site nuisance conditions
attributed to the modifications.
b. This written notification shall be made by email to the MassDEP Northeast Regional Office:
Mark Fairbrother, Solid Waste Section Chief
Email: mark.fairbrothernmass.gov
Telephone: (978)694-3298
c. This notice shall,at a minimum, 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.
8. Required Submittals: Within sixty(60)days of completion of the completed Facility
modifications and equipment installations approved by this decision,the Permittee shall submit to
MassDEP,with a copy to the North Andover Board of Health,a Construction Certification as set
forth below. The Permittee shall submit to MassDEP a revised Construction Certification that
corrects any deficiencies reasonably identified by MassDEP,if any,and provides any additional
information that MassDEP reasonably requires. The Construction Certification shall include:
a. certification that the Facility modifications have been constructed as proposed, in accordance
with the approved plans,that final adjustments have been completed,and the equipment is
fully operational;
b. a narrative that discusses the completed work, including,without limitation,any
modifications made to the design/approved project;
c. final O&M Plan for the Facility,updated to reflect the completed modifications,and current
operation of the Facility;
d. final"as-built"plans for the Facility,including,without limitation,reconstruction of the
building,the final layout of the processing equipment,and final layout and coverage of the
Facility systems(air handling,dust control misting system,etc.); and
e. certification by TBI and the Engineer of Record,in accordance with the requirements of 310
CMR 19.011.
9. MassDEP reserves the right to rescind,suspend or modify this approval based upon a
determination that the project 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,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 19.033(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.
0310112022
NORTH ANDOVER—TBI,Inc. Page 6 of 7
Facility Modification(BWP SW07/Authorization Number:SW07-0000022)
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. 150A, 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
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 regarding this matter, please contact John Morey at john.moreygmass.gov.
Sincerely,
Mark G.Fairbrother John Morey
Section Chief Environmental Analyst
Solid Waste Management Solid Waste Management
MGF/RJS/rjs
Enclosure: Communication for Non-English-Speaking Parties
0310112022
NORTH ANDOVER—TBI,Inc. Page 7 of 7
Facility Modification(BWP SW07/Authorization Number:SW07-0000022)
cc: Brian LaGrasse
North Andover Board of Health
120 Main Street
North Andover, MA 01845
Email: blagrasseanorthandoverrna.gov
Peter Flood(Green Seal Environmental,Inc.)
Email: peterAgseenv.com
0310112022
Massachusetts Department of Environmental Protection
One Winter Street, Boston MA 02108 • Phone: 617-292-5751
Communication For Non-English Speaking Parties -310CMR1.o3(5)(a)
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Contact Michelle Waters-Ekanem, Diversity Director/Civil Rights: 617-292-5751 TTY#_MassRelay Service 1-800-439-
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(Version 11.21.17)
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(Version 11.21.17)