HomeMy WebLinkAboutDEP - Notice of Noncompliance - Correspondence - 210 HOLT ROAD 6/24/2024 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•150 Presidential Way Woburn, MA 01801 • 978-694-3200
Maura T. Healey Rebecca L.Tepper
Governor Secretary
Kimberley Driscoll Bonnie Heiple
Lieutenant Governor Commissioner
June 17, 2024
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Jeff Thomson �h Prao�
Thomson Brothers Industries, Inc.
210 Holt Road
North Andover, MA 01845
Re: NOTICE OF NONCOMPLIANCE
Enforcement Document Number: 00018367 �e�`�r
Noncompliance with M.G.L. Chapter I I I and 310 CMR 19.000
Observed At: Thomson Brothers Industries, Inc. MassDEP Facility ID#291857
210 Holt Road Regulated Interest#291858
North Andover, MA 01845
Issuing Bureau: BAW
Issuing Region/Office:NERO
Issuing Program: SW
Primary Program Cited: Solid Waste—Waste Ban Compliance
Dear Mr. Thomson:
Massachusetts Department of-Environn ental Protection(MassDEP)personnel have observed or
determined that during calendar year 2023 the above facility (the Facility)was in noncompliance
with one or more laws,regulations,orders,licenses,permits,or approvals enforced by MassDEP.
Enclosed, please find a Notice of Noncompliance (Notice), an important legal document
describing the activities that are in noncompliance. This Notice lists the violations and those
actions that are required to achieve compliance.
If you have any questions regarding this matter,please contact Stephen Forrest by phone at
(978)447-3573.
This information is available in alternate format.Please contact Melixza Esenyie at 617-626-1282.
TTY#MassRelay Service 1-800-439-2370
MassDEP Website:wwwrnass.gov/dep
Printed on Recycled Paper
North Andover—Thomson Brothers Industries,Inc.
Enforcement Document#00018367
Please reference MassDEP Regulated Object#291858 and document number 00018367 in any
future correspondence to MassDEP regarding this notice.
Sincerely,
��aZ v6"��-��
Mark Fairbrother,Chief
Solid Waste Management Section
Bureau of Air and Waste
Enclosure:Notice of Noncompliance(Document Number: 00018367)
ec: Health Department—Town of North Andover
John MacAuley,Deputy Regional Director,MassDEP-NERO/BAW
John Fischer,MassDEP-Boston/BAW
North Andover—Thomson Brothers Industries,Inc.
Enforcement Document#00018367
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE.
FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD
RESULT IN SERIOUS LEGAL CONSEQUENCES.
Massachusetts Department of Environmental Protection(MassDEP)personnel have observed or
determined that during calendar year 2023 TBI,Inc.,located at 210 Holt Road in North Andover,
Massachusetts(the Facility),was in violation of one or more laws,regulations,orders, licenses,
permits,or approvals enforced by MassDEP.
This Notice of Noncompliance describes(1)the requirement violated, (2)the date and place
MassDEP asserts the requirement was violated,(3)either the specific actions which must be taken
in order to return to compliance or direction to submit a written proposal describing how and when
you plan to return to compliance,and(4)the deadline(s) for taking such actions or submitting such a
proposal.
If the requested actions in this Notice are not completed by the deadlines specified below, an
administrative penalty may be assessed for every day after the date of receipt of this Notice that
the noncompliance occurs or continues.
MassDEP reserves its rights to exercise the full extent of its legal authority in order to obtain full
compliance with all applicable requirements, including, but not limited to, criminal prosecution,
civil action including court-imposed civil penalties, or administrative action, including
administrative penalties imposed by MassDEP.
NAME OF ENTITY(s)IN NONCOMPLIANCE:
Thomson Brothers Industries, Inc.
210 Holt Road
North Andover, MA 01845
LOCATION(s)WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
TBI, Inc. Solid Waste Facility
210 Holt Road
North Andover, MA 01845
SMS#:291857
Regulated Interest#291858
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
February 15,2024
North Andover—Thomson Brothers Industries,Inc.
Enforcement Document#00018367
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENT(S)NOT COMPLIED
WITH:
Thomson Brothers Industries, Inc. currently operates Thomson Brothers Industries, Inc., a
Construction and Demolition Waste (C&D Waste)handling facility pursuant to an Authorization
to Operate (ATO) issued to Thomson Brothers Industries, Inc. (the Permittee) on May 25, 2023
(Authorization Number: SW07-0000031),and the Solid Waste Facility regulations set forth at
310 CMR 19.000. MassDEP approval of the Facility's updated Waste Ban Compliance Plan is
included within the May 2023 ATO. The ATO and MassDEP approval of the Waste Ban
Compliance Plan requires removal to the greatest extent possible all Waste Ban Materials from
each waste load accepted at the Facility prior to disposal, or transfer for disposal.
Section VI.D.(2),Special Conditions, of the May 2023 ATO states, in part,the Permittee shall:
"...remove and divert from disposal all Waste Ban Material from every waste load accepted by
the Facility for disposal, or for transfer for disposal, to the greatest extent possible, unless banned
materials cannot be recycled because doing so would endanger workers or substantially disrupt
the Facility's operations."
Minimum Performance Standard for C&D Waste Handling Facilities
Since 2006, C&D Waste Materials Processors and Transfer Stations(together referred to as
C&D Waste Handling Facilities) have been required.to take steps to prevent the disposal of
banned materials, including implementing a waste ban compliance plan,to comply with the
Massachusetts waste disposal ban regulations at 310 CMR 19.017(Waste Bans). Beginning
with calendar year 2020, MassDEP has used the C&D Waste Minimum Performance Standards
(MPS)to assess C&D Waste Facility compliance with the waste disposal ban regulations and
each facility's approved waste ban compliance plan.
In summary, any C&D Waste Handling Facility must demonstrate a Process Separation Rate
(currently at least 15%), and demonstrate all C&D Waste Ban Materials (i.e., asphalt pavement,
brick, concrete, metal, wood, clean gypsum wallboard), cardboard, and any other Waste Ban
Materials received by the Facility are being separated to the greatest extent possible, or the
Facility must transfer any unprocessed/partially processed C&D Waste(including Bulky Waste)
to an MPS-compliant C&D Waste Handling Facility for further processing. If transferring
material out-of-state, the C&D Handling Facility must provide documentation that the out-of-
state processor conforms to the MassDEP MPS performance criteria.
The C&D Minimum Performance Standard states, in relevant part:
"In order to demonstrate compliance with the C&D MPS,a C&D Handling
Facility must meet each of the following two MPS performance criteria for the
separation of banned and recoverable materials:
CRITERION#1: Achieve minimum threshold for the Process Separation
Rate (PSR):
a. Effective 1/01/2020, PSR minimum threshold is set at 15%;
North Andover—Thomson Brothers Industries,Inc.
Enforcement Document#00018367
b. Over time, PSR minimum threshold may be increased to
improve performance;
c. PSR is defined as the ratio of the quantity (by weight) of
materials recycled as feedstock, recycled as biomass fuel,or
diverted as determined by the Department, compared to the
quantity (by weight)of the total inbound material accepted. (See
Attachment 1 "Process Separation Rate Calculation"for a more
detailed description of the calculation methodology.
CRITERION#2: Demonstrate that all banned materials are being
separated to the greatest extent possible. Facility must demonstrate
separation of all C&D Waste Ban Materials (Le„ ABC, metal,wood, clean _
gypsum wallboard), OCC, and any other waste ban materials received by
the facility.
Failure to satisfy either MPS performance criterion constitutes a failure to comply
with the Waste Ban Regulations and the Facility's Waste Ban Compliance Plan
requirements."
On February 15, 2024, Thomson Brothers Industries, Inc. submitted to MassDEP a Solid
Waste Facility Annual Report regarding operation of the Facility. The Annual Report
indicated failure to meet the 15%Process Separation Rate(PSR)minimum threshold as
specified under the C&D Minimum Performance Standard and the Authorization to
Operate (Authorization Number: SW07-0000031) issued to Thomson Brothers Industries,
Inc., in violation of 310 CMR 19.017(3). Additionally,facility inspections on March 28,
2023,and October 3,2023,confirmed that Waste Ban Materials were not being separated to
the greatest extent possible. Failure to achieve a minimum PSR of at least 15%and failure
to separate all banned materials to the greatest extent possible are violations of the
following requirements:
Solid Waste - 310 CMR 19.017(3): Compliance with Waste Restrictions states, in relevant part:
"(a)Effective on the dates specified in 310 CMR 19.017(3): Table restrictions on the
-- disposal or transfer for disposal of the materials listed therein shall apply-as_
specified.No person shall dispose,transfer for disposal,or contract for disposal or
transport of the restricted material,except in accordance with the restriction
established in 310 CMR 19.017(3): Table.Any person who disposes,transfers for
disposal or contracts for disposal or transport of restricted material may be subject to
enforcement by the Department pursuant to 310 CMR 19.081.
Solid Waste-310 CMR 19.043(5): Conditions for Permits and Other Approvals,
Compliance with Standard Conditions states,in relevant part:
"(a)Duty to Comply. The owner and operator shall comply at all times with the
terms and conditions of the permit or other approval, 310 CMR 19.000, M.G.L. c.
111, § 150A,and all other applicable state and federal statutes and regulations,
North Andover—Thomson Brothers Industries,Inc.
Enforcement Document#00018367
including,but not limited to,the permit review criteria at 310 CMR 19.038(2)(a)1.
through 10.
(c)Duty to Halt or Reduce Activity. The owner and operator shall halt or reduce
activity whenever necessary to maintain compliance with 310 CMR 19.000 or the
conditions of the permit or other approval,or to prevent an actual or potential threat
to the public health, safety or the environment."
ACTIONS)TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION(ss):
The Owner or Operator shall take the necessary steps to correct the violations within the specified
deadlines as noted and shall return to compliance with the requirements described below.
MassDEP's regulations at 310 CMR 5.09 presume that you receive this Notice, if delivered by
regular mail,three business days after the postmarked date on the envelope used to mail it to you. If
this Notice is delivered by certified mail,310 CMR 5.09 describes when the notice shall be deemed
to be received.
1. Within thirty(30)calendar days of the date of receipt of this Notice, submit to MassDEP a
written response acknowledging receipt of this Notice,together with a description of the
actions that Thomson Brothers Industries, Inc. has taken,or intends to take, in order to
return to compliance with the Regulations cited above, and to achieve and maintain
compliance with the Facility's approved Waste Ban Compliance Plan and Authorization to
Operate.
MassDEP's regulations at 310 CMR 5.09 presume receipt of this Notice of Noncompliance,if
delivered by regular mail,three business days after date of issuance(i.e.,date of the cover letter). If
this Notice of Noncompliance is delivered by certified mail,310 CMR 5.09 describes when the
notice shall be deemed to be received.
Please address your reply to this Notice of Noncompliance to Mark Fairbrother at this office. If you
have any questions do not hesitate to contact Stephen Forrest by email at stephen.forrestgglass.gov
or by telephone at(978)447-3573,or at the letterhead address.
Date: 06/17/2024
Mark Fairbrother,Chief
Solid Waste Management Section
Bureau of Air and Waste
Stephen Forrest
Environmental Analyst
Solid Waste Management Section