HomeMy WebLinkAbout2015-10-27 Board of Health Agenda Packet i
North Andover Board of Health
Meeting Agenda
Tuesday, October 27, 2015
7:00 p.m.
120 Main Street,2°d Floor Selectmen's Meeting Room
North Andover, MA 01845
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
IIL. PUBLIC HEARINGS
IV. APPROVAL OF MINUTES
Meeting minutes fi-om September 24,2015 to be presented for signature.
V. OLD BUSINESS
A. 700 Middleton Street—James Morin,representing owners of 700 Middleton Road requesting:
1. Local Upgrade Approval request to reduce the setback distance from the private well to the
proposed leach field of 77 feet where 100 feet is required. (3 10 CMR 15.405(1)(g) ,
2. Local Upgrade Approval request is required to have only one test pit in the proposed leach field
area where two are required. (3 10 CMR 15.405(1)(k)
3. Variance request from the NA BOH local of setback distances of wetlands to a SAS of 51 feet
where 100 feet is required.
VI. NEW BUSINESS
A. 440 Boston Street—Douglas Smith,representing owners of 440 Boston Street,requesting:
1. Local upgrade approval for the requirement of a 4' separation between the bottom of the soil
absorption and high groundwater with a reported perc rate of 3 min per inch. This results in a V
reduction resulting in the bed bottom being 3' above high groundwater. (3 10 CMR 15.405(h))
2. Requesting a local upgrade approval for the requirement of a 12"separation between the inlet and
outlet tees and high groundwater. A 10"separation is provided for the septic tank and a 5"
separation is provided for the pump chamber. Rubber boots are provided on tank and pump
penetrations. (3 10 CMR 15.4050))
B. 415 Winter Street—Benjamin Osgood,Jr.,representing owners of 415 Winter Street,requesting:
1. Local upgrade approval to allow a reduction in the separation distance between the water table and
bottom of leach stone in the leach filed from 4 feet as required by Title 5 Section 15.212 to 3 feet.
2. Local variance for reduction in the offset distance between the edge of a leach field and a wetlands
from 100 feet required to 55 feet.
2015 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 2
Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on
the agenda.
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director, Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Hadge,Health Department Assistant
C. 415 Boxford Street—Benjamin Osgood Jr.,representing owners of 415 Boxford Street,requesting:
1. Local upgrade approval to allow a leach field to be designed in an area with only one test pit in
lieu of 2 as required by Title 5 sections 15.405 (k).
D. Town of North Andover Dumpster Regulations—To amend section 2.2 of the local regulation: to
modify the annual expiration date for a permit to maintain a trash or refuse dumpster fi•om the calendar
year to the last day of February in order to be aligned with the food permits. To amend section 2.4 to
exclude certain parties from this regulation.
E. Town of North Andover Regulation Concerning the Hauling and Disposal of Solid Waste—to
modify the regulation to eliminate conflicting phrases regarding distinction between hauling waste and
traversing the town roads.
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
VIII. CORRESPONDENCE/NEWSLETTERS
IX. ADJOURNMENT
2015 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 2
Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on
the agenda.
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Hadge,Health Department Assistant
Nor thEast
Y
- Engineering
5
October 11, 2015
North Andover Board of Health
1600 Osgood Street, Suite 2035
North Andover, MA 01845
Re: 700 Middleton Road
Dear Members:
Please accept this letter as a request for a variance/waiver of the Title 5 Regulations for the above
referenced property.
The property at 700 Middleton Road is an existing 4 bedroom home. The current owners are trying to sell
the property and retire. The property can meet all the Title 5 requirements except the following local
upgrades:
• The required well offset is 100' and the plan as designed has a 77' offset.
2 test pits are required one test pit provided
• 100' offset to wetlands is required 51' provided
If the board chooses to grant this variance they could do so without endangering the environment. We
have tested the current well and are submitting the results with this letter.
In closing, I would like to mention every attempt to place the system in the optimal location was
considered, particularly in light of the existing conditions. I would like to thank you for your consideration.
Sincerely,
James J. Morin, RS#1132
675 Concord Ave • Belmont, MA 02478 • Phone # 774-696-2246 • jim @neclassicengineering.com
I
F
Massachusetts Department of Environmental Quality M-CT008
61 Louisa Viens Drive
Dayville,CT 06241
Fax:860-774-2689
Phone:860-774-6814
Toll-Free:800-334-0103 Project Name:700 Middleton Road
Source of Sample:Bathroom Sink
North Andover,MA
Report To: Jim Morin Date of Collection:9/3/2015
700 Middleton Road Date Received in Laboratory:9/3/2015 PM
North Andover,MA 01845 Collected By:Client
Copy To: Laboratory ID:E509439-1
BACTERIOLOGICAL RESULTS
PARAMETER RESULTS DL UNITS MCL COMMENT
Total Coliforms Absent /100ML 0
Escherichia coli Absent /100ML 0
THE BACTERIOLOGICAL RESULTS ARE ACCEPTABLE FOR POTABILITY STANDARDS
CHEMICAL RESULTS
[MCUS HAVE BEEN ESTABLISHED FOR THE FOLLOWING PARAMETERS]
PARAMETER RESULTS DL UNITS MCL COMMENT
Nitrate 0.072 0.050 ppm 10
ALL OF THE ABOVE PARAMETERS MEET THE ESTABLISHED MCUS FOR POTABILITY,
COMMENTS:For the parameters listed on this page,all established MCL's for Potability have been met.
KEY TO TERMS Report is an accurate analysis of:
COL-colonies MCL-US EPA Max Contamination Limit Sample received at this laboratory
ml-milliliter RL-US EPA Recommended Limit
ppm-parts per million ND-None Detected
NTU-Turbidity unit NE-None Established
AL-Action Level DL-Detection Limit
cv-Certified Vendor for Premier Laboratory,Inc
OUT-Out of range or exceeds limit
III 1111111111111111111111111 111111[1[111111 Ron Warila 9/8/2015
101-000000474489 Laboratory Director Page i of
i
i
W Analytical Data Report
111 C ROB AC ' Massachusetts Department of Environmental Quality M-CT008
61 Louisa Viens Drive
Dayville,CT 06241
Fax:860-774-2689 Project Name: 700 Middleton Road
Phone:860-774-6814 Source of Sample:Bathroom Sink
Toll-Free:800-334-0103
Location of Sample:North Andover,MA
Date Received in Laboratory:9/3/2015 PM
Collected By: Client
Laboratory ID:E509439-1
Analvte Result DL MCL RL AL COMMENT
(1)Bathroom Sink Date Collected: 9/3/2015
Ammonia,as N DW ND mg/L 0.020 NE NE NE
KEY TO TERMS
COL-colonies MCL-US EPA Max Contamination Limit
ml-milliliter RL-US EPA Recommended Limit
ppm-parts per million ND-None Detected
NTU-Turbidity unit NE-None Established
AL-Action Level DL-Detection Limit
cv-Certified Vendor for Premier Laboratory,Inc
OUT-Out of range or exceeds limit
III 1111111111111111111111111111111111111111
101-000000474489 Page2oF2
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Douglas,T. Srrrilh
K Kale .Srrrilh
15 Foxberrif DrNe
Neii� Bosiorr, N[1003070 RECEIVED
c5 oil rlitl(c X T " 7 2015
"TOWN OF NORTH ANDOVER
October 6, 2015 HEAD M DEPARTMENT"
To: North Andover Board of Health:
Re: Variances for septic system located at 440 Boston St., Tax Map 107-D Lot 103 for
Frank Villalobos.
I would like to be put on the agenda for the Board of Health meeting on Oct. 22, 2015 to
discuss local upgrade variances.
The variances we are seeking are State DEP local upgrade variances:
1) 310 CMR 15.405(h) requesting a local upgrade approval for the requirement of a
4' separation between the bottom of the soil absorption and high groundwater
with a reported pere rate of 3 min per inch. This results in a 1' reduction
resulting in the bed bottom being 3' above high groundwater.
2) 310 CMR 15.4050)Requesting a local upgrade approval for the requirement of a
12" separation between the inlet and outlet tees and high groundwater. A 10"
separation is provided for the septic tank and a 5" separation is provided for the
pump chamber. Rubber boots are provided on tank and pump penetrations.
I appreciate your consideration!
Sincerely,
Douglas Smith, RS, MS,CWS,SE
Benjamin c. 0s&ood, r p E
r
157 Bluff Street
Salem,NH 03079
Tel: 978-435-1324
1�)1
September 25,2015
Michelle Grant,Health Inspector
North Andover Board of Health
Building 20 Unit 2035
1600 Osgood Street
North Andover,MA 01845
Re: 415 Winter Street,North Andover
Dear Michelle:
Please accept this letter as a request to be placed on the next Board of Health agenda for
consideration of the following Local Upgrade Approval request for the above referenced
property.
1.Allow a reduction in the separation distance between the water table and bottom of leach
stone in the leach field from 4' as required by Title 5 Section 15.212 to 3'.
A local Variance is also being requested as follows.
1.Reduction in the offset distance between the edge of leach field and a wetlands from 100
feet required to 55 feet.
If you have any questions you may contact me at 978-435-1324.
Sincerely,
43jai2g C.Osgood,Jr. PE
,
1
Benjamin c. Osgood, Jr. P E.
I
157 Bluff Street
Salem,NH 03079
Tel: 978-435-1324
October 14,2015
Michelle Grant,Health Inspector
North Andover Board of Health
Building 20 Unit 2035
1.600 Osgood Street
North Andover,MA 01845
Re: 415 Boxford Street,North Andover
Dear Michelle:
Please accept this letter as a request to be placed on the next Board of Health agenda for
consideration of the following Local Upgrade Approval request for the above referenced
property.
1.Allow a leach field to be designed in an area with only one test pit in lieu of 2 as required by
Title 5 Section15.405 (k).
A local Variance is also being requested as follows.
If you have any questions you may contact me at 978-435-1324.
Sincerely,
Benjamin C. Osgood,Jr.,PE
I
TOWN OF NORTH ANDOVER DUMPSTER REGULATIONS
FOR THE REMOVAL, TRANSPORTATION AND STORAGE OF GARBAGE,
RUBBISH, OFFALOR OTHER OFFENSIVE SUBSTANCES
The Board of Health, Town of North Andover, Massachusetts in accordance with, and under
the authority granted by Sections 3 1 A and 3 1 B of Chapter 1 1 1 of the General Laws of the
Commonwealth of Massachusetts hereby adopted the following rules and regulations at the
meeting of February 10, 1994.
This regulation shall take effect January 1, 1995.
..........
SECTION 1.0 DEFINITIONS:
Dumpster: Any container other than a conventional trashcan with lid intended for
the temporary outdoor storage of rubbish, garbage or refuse of any
sort.
Temporary For purposes of this regulation, "temporary" shall mean for a period of
no more than 90 days.
Person: Any individual, business firm, contractor, corporation, applicant,
property owner or agent.
SECTION 2.0 PRE-INSTALLMENT REQUIREMENTS:
2.1 No person or property owner, authorized agent or corporate entity shall maintain or
operate a trash or refuse dumpster, with a volume capacity greater than three (3) cubic
yards, without first obtaining a permit from the Board of Health at least three (3) days
prior to installation.
2.2 The permit fee shall be in accordance with the current Board of Health fee schedule,
in effect March 1St through February 28"'. The appropriate fee shall be accompanied
by a completed application on a form supplied by the Board of Health.
2.3 Dumpster permits may be suspended or revoked by the Board of Health for failure of
the dumpster contractor or property owner/owner's agent to comply with the
requirements of these regulations.
2.4 No contractor, firm or person shall supply a dumpster service in the Town of North
Andover, for the purpose of storage, removal or transportation of garbage, rubbish, or
other offensive substances without first obtaining a dumpster service license from the
Board of Health. All licenses shall expire at the end of the calendar year in which
they are issued, but may be renewed annually upon application as herein provided.
There shall be a renewal fee according to the current fee schedule for said dumpster
service license. The fee is per truck.
This requirement does not pertain to companies and vehicles covered by the North
Andover Regulations Concerning the Hauling and Disposal of Solid Waste.
Dumpster Regulations-Last Revised: October 27,2015 Town of North Andover
Page 1 of 4
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2.5 These regulations apply to dumpsters in the Town of North Andover. An inspection
and sanitary survey of the dumpster and surrounding area may be conducted by an
agent of the Board to verify compliance with Board of Health standards. Temporary
Construction Dumpsters are excluded from these regulations but must comply with
the Building and Fire Department codes. A temporary dumpster is intended for non-
permanent use and remains at one site for no more than 90 days.
SECTION 3.0 CONTRACTOR'S RESPONSIBILITIES:
3.1 The contractor shall have the dumpster(s) deodorized,washed or sanitized as
necessary at the time of emptying, or as directed by order of the Board of Health.
3.2 The emptying of the contents of the dumpster(s)by the contractor shall not
commence before 7:00 A.M. and not continue after 9:00 P.M. The Board of Health
may modify these hours, if, in its reasonable judgment, it is convinced that the public
heath and safety or public welfare would be better served and a nuisance would not
be created. The Board of Health shall be guided in this regard by the location,
proximity to residential property, frequency of emptying, resulting noise and other
factors deemed appropriate.
3.3 The contractor shall have his/her name and business telephone number conspicuously
displayed on each dumpster.
3.4 No truck that hauls dumpster contents shall be used to transport hazardous or bio-
materials or waste.
3.5 The Board of health may attach any conditions to the license of a removal contractor
that it deems would serve the interest of the health, safety, welfare or quality of life of
the citizens of the Town.
3.6 All dumpsters shall be rodent proof. For those dumpsters that have a hole located in
the lower center of the rear wall of the container a permanent seal secured with sheet
metal or wire mesh strong enough to prevent rodents from entering the dumpster is
required. All holes in any dumpster shall be less than 1/4" in diameter.
3.7 Failure to comply with these regulations may result in a fine of fifty dollars ($50)
each day the violation continues, as well as suspension or revocation of permits as
deemed necessary by the Board of Health.
Dumpster Regulations-Last Revised: October 27,2015 Town of North Andover
Page 2 of 4
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SECTION 4.0 AUTHORIZED AGENT/PROPERTY OWNERS'
RESPONSIBILITY
4.1 Each dumpster shall be located at an approved distance from the lot line so as not to
interfere with the safety, convenience or health of an abutter. The location of the
dumpster shall be approved by the Board of Health.
4.2 Each dumpster shall be located a minimum of twenty(20) feet from any industrial,
commercial or residential building.
4.3 All permanent dumpsters shall be located on material impervious to water(asphalt,
concrete, etc.) unless otherwise approved by the Board of Health.
4.4 Each dumpster shall be located a minimum of twenty (20) feet from any wetland
resource area. The location in proximity to wetlands must also be approved by the
North Andover Conservation Commission or agent thereof.
4.5 The Board of Health hereby requires all dumpster sites other than temporary sites to
be enclosed or screened with permanent, solid fencing and locking gates. These
gates are to be closed at all times except when the process of placing refuse in the
dumpster is proceeding.
4.6 It shall be the responsibility of the owner or agent whose property is being serviced to
maintain the dumpster area free from odors, scattered debris, overflow and all other
nuisances including, but not limited to rodents.
4.7 It shall also be the responsibility of the owner or agent whose property is being
serviced by the dumpster(s) to maintain the lid(s) in a closed condition at all times
except when actually in the process of placing in or removing refuse from the
dumpster(s).
4.8 Dumpsters are to be used only by those individuals who are authorized by the owner
or agent whose property is being serviced. All unauthorized use shall be considered
trespass of private property. The owner or agent may post a sign stating:
"Unauthorized use is prohibited by order of the Board of Health."
4.9 No dumpster shall be used to dispose of hazardous or bio-materials or waste.
4.10 Dumpsters are not to be filled after 9:00 P.M. or before 7:00 A.M. for residential
property or after the close of the business day for commercial property, at which time
the lids are to be locked.
Dumpster Regulations-Last Revised: October 27,2015 Town of North Andover
Page 3 of 4
SECTION 5.0 ENFORCEMENT
5.1 Random inspections and sanitary surveys of in-place dumpsters and surrounding
areas may be conducted by an agent of the Board to verify compliance with Board of
Health standards.
5.2 All violations of State and Local Regulations shall be corrected in accordance with
said regulations.
5.3 If corrective action as ordered by the Board of Health or its agent is not taken by the
property owner or an authorized agent within the time limit set forth by such order,
the Board shall take such legal action as necessary to correct the violation.
5.4 The Board of Health at its discretion may levy fines upon the authorized
agent/property owner in accordance with M.G.L. Section 40 Chapter 211). Fines will
be fifty dollars ($50)per violation. Each day that the violation remains uncorrected
constitutes a separate violation.
SECTION 6.0 SEVERABILITY
6.1 If any provision of this regulation is held to be unconstitutional or in violation of
State Law, it shall not affect any other provision or the administration thereof.
SECTION 7.0 DATE OF EFFECT
These regulations were revised and adopted by the North Andover Board of Health on
June 23,2005 will take effect on July 15,2005. These regulations shall supercede and
replace all North Andover Board of Health Dumpster Regulations prior to June 23,
2005.
Rev. 1/94
Rev. 4/03
Rev. 5/22/03
Rev. 7/28/05— Section 2.5; Prior Section 5.0 deleted re: temporary dumpsters
Rev. 10/27/15 —Section 2.2; Section 2.4 addition
Thomas Trowbridge, D.D.S., 941,0., Chairman October27, 2015
Larry Elder, ClerklWember Octo6er27, 2015
(Francis P. WacWiffan,Yr., W.D., 9YLem6er Octo6er27, 2015
Joseph McCarthy, 9Vem6er October 27, 2015
Edwin Pease, Wem6er October 27, 2015
Dumpster Regulations-Last Revised: October 27,2015 Town of North Andover
Page 4 of 4
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Town of North Andover Board of Health
Regulations Concerning the Hauling and
Disposal of Solid Waste
I. AUTHORITY
Pursuant to M.G.L. Chapter 111, Sections 31 and 3 1 A and the authority granted to the Town of
North Andover under a.Site Assignment issued by the Department of Environmental Quality
Engineering dated May 11, 1982,the North Andover Board of Health hereby issues the
following regulations governing:
1) the transporting of solid waste in or through.North Andover for disposal'd th!z�
Wheelabrator, TBI or the Covanta facilities.
2) Trash trucks (whether full or empty), that travel'through NoAh Andover to:'collect solid
waste,for disposal at the Wheelabrator, TBI or the Coy anta facilities.
II. FINDINGS
The North Andover Board of Health finds that,a large:nurhber of trucks transporting solid waste
to, and leaving, the Wheelabrator and TBI facilities in Noi Andover and the Covanta resource
recovery facility in Haverl ill�use ro dways in North Andover'"that are not well suited for this
purpose.
The North Andover Board o"fHealthl,finds;that this,tzse of unsuitable roadways imposes a
substantial burden,oxl;North Andover and threatens'public health, safety and the environment.
The North,Andover Board of Health finds that there is a convenient and suitable route for trash
trucks to" ise, which is referred to in these`regulations as "the Designated Route."
The North Andover Board of l ealth finds that in 1985,the Board of Selectmen of North
Andover voted'to rrequire waste haulers to use the Designated Route pursuant to the authority
granted to the Board of Selectmen in the Site Assignment for the Wheelabrator facility issued by
the Department of Envirprirnental Quality Engineering.
The North.Andover Board of Health finds that despite the 1985 designation by the Board of
Selectmen, there is widespread use of non-designated roadways.
The North Andover Board of Health finds that it is necessary and desirable to promulgate
regulations designed to enforce the use of the Designated Route.
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III. DEFINITIONS
The term"the Board"means the North Andover Board of Health.
The term"Designated Route" is the route that non-exempt trash haulers shall use for access to
and egress from the Wheelabrator facility, TBI facility and Covanta facility. For access to the
Wheelabrator facility, it is Route 495 to the Route 125 connector, and south on Route 125 to
Holt Road. For egress from the Wheelabrator facility, it is Holt Road to Route 125 North to the
Route 125 Connector, and to Route 495. For travel in North Andover to enter or exit the
Covanta facility in Haverhill, the Designated Route for non-exempt communities is Route 495.
The term"exempt communities" currently means North Andover as"set,forth in section V(D),
Boxford, Rowley and Georgetown as set forth in section V(E) :and Aitioyer, Lawrence,North
Reading, Haverhill, Middleton, Peabody, Hamilton, Wenham,"and Mancheter-by-the-Sea, as set
forth in section V(F).
The term"Wheelabrator"means the current corporation or operator of the facilityknown as
Wheelabrator North Andover
The term"Wheelabrator facility" means,the resource recover facility, located at 285 Holt Road
y
in North Andover.
The term"Covanta facility"means the resource recoyery ,facility, w ich is located at 100
Recovery Way in Haverhill.
The term"TBI" means the Commercial and Demolition Waste facility, which is located in 210
North Andover.
The term "permit" means a permit id eittifier, issued by the North Andover Board of Health to a
waste hauling ct%npany, for the ti;ash trucks,,whbiher full or empty, to transport solid waste over
roadways= long the designated rotiteJ,ocated in North Andover for disposal of solid waste at the
Wheeldbr4tor, TBI or Covanta facifities,;and/or to exit the Wheelabrator, TBI or Covanta
facilities via xoadways along he designated route located in North Andover to collect solid waste
to be dispos4Qf at the Whe`labrator""facility.
The term"solidwaste" is as,defined in G.L. c.16, s 18.
The term"trash trucks?'means vehicles in the business of transporting solid waste, that transport
solid waste in or through North Andover, or travel through North Andover to collect solid waste,
for disposal at the Wheelabrator facility, TBI facility or the Covanta facility (whether full or
empty). The term also includes trucks that travel through North Andover and transport ash
generated from the combustion process at the Wheelabrator facility, TBI facility or Covanta
facility. The term "trash truck" does not refer to any specific size of make of vehicle. All
commercial vehicles including, but not limited to, roll off s,recycling vehicles, dumps etc. which
transport solid waste to and from, whether empty or full, to the Wheelabrator, TBI and Covanta
facilities are considered "trash trucks"
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The term"waste hauling company" means a person or entity that owns or operates trucks that
transport solid waste.
IV. PERMIT REQUIREMENTS
A. Within thirty days after the effective date of these regulations, all waste hauling
Companies transporting solid waste through North Andover for disposal at the
Wheelabrator and TBI facilities, or leaving empty, shall apply for a permit from
the North Andover Board of Health. The permit application shall be on a form
available from the Board. The permit application shall be accompanied by an
application fee based on the current BOH fee schedule per company, which shall
be used to defray the costs of administering and eiiforcing these regulations. The
permit entitles the waste hauling company to tfat sport waste through North
Andover for disposal at the Wheelabrator,TBI or,Covanti facilities via the
designated route. The fee is per waste hauling'eompany, notper truck.
B. Each permit issued by the Board shall contain the�following iequirenierlts:
1. A requirement that each permit recipient use only the Designated Route
for access to and from,whether empty,Or full, the Wheelabrator and
Covanta facilities,uuless,,exempted under;Section V.
2. Each permitted truck`shall jdissrlaY a permit identifier as directed by the
application approval instructions.
3. A iequiiement that the permit shall expire at the end of the calendar year it
is``issued, but my be renewed annually on application and payment of a
fee based onk'he current fee schedule. No permit shall be transferred
except witli the approval of.the' Board.
C: The per ntt;shall be issued within twenty-one business days of the submission of
the application, and shill not require public notice or a public hearing. However,
a permit applicant may;request public notice or a hearing prior to the issuance of a
permit. If a permit application is denied, prior to utilizing any judicial or other
remedies to redress the denial of the permit application, the applicant shall request
a heing before the Board. The Board shall hear the permit applicant within
thnty cys of the request, and decide the matter within thirty days of the hearing.
D. After issuance of a permit, it shall be a violation of these regulations for any trash
truck en route to or from, full or empty, to the Wheelabrator, TBI or the Covanta
facilities to use roadways other than the Designated Route, unless subject to the
exemptions under Section V.
E. The North Andover Police Department is hereby authorized to issue tickets/violation
notices for any violations of these regulations and/or permit requirements. The North
Andover Police Department shall issue tickets/violation notices to the waste hauling
company,with a copy sent to the Board of Health. The violation notice shall be
signed by the driver/violator. The first violation notice will require a non-criminal
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payment of not more than $300.00 per day as set forth in G.L. c. 40, s. 211); $500.00
per day for the second violation, and a fine of$1,000 per day for a third and all
subsequent violations incurred within a 12-month period pursuant to the procedure set
forth in G.L. c. 40, s. 21. All payments for these non-criminal violations shall be
made to the North Andover Town Clerk within twenty-one days of the violation.
Prior to the expiration of the twenty-one day period, a non-criminal hearing before a
Clerk-Magistrate may be requested by the waste hauling company. This request must
be in writing. The decision of the Clerk-Magistrate is final. Failure to either pay the
fine to the North Andover Town Clerk within twenty-one days or abide by findings of
the non-criminal hearing may result in a criminal complaint
In addition,those who fail either to pay their fine or abide"by these regulations will be
subject to revocation of their permits and placards nd wilf al 9 be subject to denial
of renewal or reissuance of their permits and placards by the Board of Health. The
Board of Health will review all requests for,temstatement or reissuance of permits
and placards that have been removed or denied and may require an appearance at a
BOH meeting before approving the reinstatement of reeissuance.
V. EXEMPTIONS FROM DESIGNATED ROUTE Al!tI;D PLACARD
REQUIREMENTS
A. Notwithstanding any other provisions offhese regulaf 16"ns,the Board of Health
shall not require trash trucks "Hauling o"collecting" solid waste from the exempt
commumties; as.defined in Sect on'111 and further defined in the sections below,
to use the Designated Route, in which case the purchase of placards is required.
Placards'"cannot be 'copied or reproduced and can only be used by the issued
permit holder:, If the issued placards"are`used in an unauthorized manner pursuant
to these regulations;penalties as described in section IV. E. will apply.
B. Ifa.trosh,truck is'hauling solid`waste to Wheelabrator, TBI or Covanta and such
solid waste;has been;,collected from at least one exempt and at least one non-
exempt comrnum y, the exemption from the Designated Route set forth in V (A)
shall only apply,if the waste was collected from an exempt community as the last
;stop prior to using the"'rioadways of North Andover. If a trash truck is exiting the
Wheelabrator ;facility or the Covanta facility to collect trash from at least one
exe�Apt and t` least one non-exempt community, the exemption from the
Designated,Route set forth in V(A) shall only apply if the waste will be collected
from ap exempt community as a first stop after exiting the Wheelabrator facility
or the Covanta facility.
C. Trash trucks exempted from the requirements to use the Designated Route
pursuant to Sections V (A) and V (B) shall obtain a permit sticker pursuant to
Sections IV as well as a placard as described below.
1. When a waste hauling company applies for a permit under Section IV and
intends to collect trash from communities that are exempted from the
Designated Route, it must obtain one or more "placards" to allow trash
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trucks to drive through North Andover without using the Designated
Route.
The permit applicant shall; identify on the permit application and supply
supporting documentation for the following:
a) the exempt communities from which it collects trash;
b) the approximate number of truck trips per week that it
anticipates making from or to exempt communities;
c) the approximate number of trucks per week that will be
transporting solid waste collected from,.exempt communities;
d) the number of"placards"that are requested.
The applicant shall pay a fee of$100.00 per�xequested placard at the time
that the permit sticker(s) is issued. The Board shall issue one or more
placards bearing the name of the .approved route-listed on the permit
application. The Board shall issue sufficient placa rds to each placard
applicant to ensure that the applicant possesses enough placards to serve
exempt communities. To determine the`appropriate number; the Board or
its agents shall review the inforrijation contained in the permit application,
as it relates to the requirements within'his regulation. Notwithstanding the
foregoing provisions, it is the intent 6"f1hese regulations that the number of
placards needed fog each exempt community be equal to the number of
trucks required to service',each community,and that the placards be freely
transferable from separate vehicles owned b a waste hauling company.
For example, if a waste';hauln`g comp,,4 y�needs a maximum of five trash
trucks::!per,day to haut.,trash from `fi``exempt community, that waste
hauling company will be'deemed in need to purchase only five placards
orthat exempt community and may use those five placards on any trucks
employed byjhat company that services that exempt community.
2. All.,,trash truehs using North Andover roadways shall post the placard in
the wiudshieldltj Ihe driver's side window of the trash truck so that it can
easel"':be observed'or as instructed by the Health Department.
3.`— Any waste hauler may apply to the Board to include other communities
withinihe list of exempt communities. However, the Board shall not issue
ddrtaonal exemptions unless it is shown that:
a)requiring the applicant to use the Designated Route for such
other communities imposes a substantial hardship on the
applicant; and
b) this substantial hardship is different in kind or degree from the
hardship imposed upon other waste haulers serving other nearby
communities. Should the Board grant the request to include
other communities as exempt communities,the procedures
governing such communities shall be those set forth in Sections
VI (A) through VI (C).
D. Trash trucks servicing the community of North Andover are not required to use
the Designated Route.
E. Trash trucks servicing the communities of Boxford, Georgetown, Rowley (and
other similarly located communities if specifically exempted by the Board of
Health pursuant to Section V (C)(3) shall instead use Route 133 to Route 125 to
enter/exit the Wheelabrator and TBI facilities, and shall also use Route 133 to
Route 125 if they are traveling through North Andover to enter or exit from the
Covanta facility.
F. Trash trucks servicing the communities of Andover, Lawrence,North Reading
and Haverhill, Middleton, Peabody, Hamilton, Weriham, and Manchester-by-the-
Sea are not required to use the Designated Route. Trash trucks servicing these
communities (and other similarly located communities if"specifically exempted by
the Board of Health pursuant to Section'V(Q(3)) shall use``the 1esignated Route
or Route 114/Route 495/Route 125 Connector to access%exit from the
Wheelabrator and TBI facilities, and shall also use either the Designated Route or
Route 114/Route 495/Route 125 Connector if-th6v are traveling,tl rough North
Andover to enter or exit from the Covanta 461 ty.
G. Only the Trucks that receive a route exemption designating "All Roads" are
allowed to utilize the section of load from the intersection of Route 114 and 125
going north to the intersection of Great Pond Road and Route 125 in North
Andover. It shall be a violation`for a trash triuck to`'trave' on this section of Route
125 withotjt displaying a placard;with the "all4i6,utes" designation.
VI. OTHER EXEMPTIONS i
A. The requirerri�iit,that trash tru'c'ks use the Designated Route shall not apply in
eases in.,which:the. Designated;Route is not usable due to exigencies such as
vehicle accidents;cozistruction work, and similar events.
B..;'. The requiremepts for obtaining a permit under Section IV shall not apply to a
waste hauler that drives through the roadways of North Andover but does not use
the. Wheelabrator, TBI or Covanta facilities, however, said companies shall
register with, :,tire Health Department per Chapter 111 Section 31A. If said
companies provide dumpster service within North Andover, but do not use the
Wheel ab tor, TBI or Covanta facilities they must purchase a permit as required
by the 14A Board of Health Dumpster Regulation.
C. The North Andover Board of Health may waive permit and/or placard fees for
municipalities that transport their own solid waste in municipality-owned
vehicles. A small fee for requested placards to cover annual manufacturing costs
may be levied. Fines for violations of these regulations shall remain in place and
be applicable to all transporters of solid waste through North Andover, regardless
of other waivers.
VII. ASH TRUCK TRANSPORTATION
All vehicles traveling through North Andover and transporting ash from resource
recovery operations shall be drip-proof and covered throughout the entire trip through
North Andover. These trucks are considered"trash trucks" by definition of this
regulation and are subject to permit fees as all trash trucks are. The cover of ash trucks
shall enclose the entire length and width of the body of the trailer of the vehicle and shall
ensure that no dust or ash emanates from under the cover.
VIII. SEVERABILITY
Should any portion of these regulations be deemed invalid by a court of competent
jurisdiction, it is the intent of the Board that any lawfut portions of the regulations remain
in full force and effect to the maximum extent possible'">
Adopted: September 28, 2000
Effective date: January 1, 2001
Amended: December 19, 2002
Effective date: January 1, 2003
Amended: January 23, 2003
Effective date: January 23,2003
Amended: MIt6ber 26,'2,006
Effective date:
etober 261,2006
Amended: July 2! 2008: ;.,.(Sectj6n IV.E)
Effective date` July 25 20008
Amender, October 27, 2015
Effe et'ive'e'd te: October,27, 2015
Date:
Dr. Thomas Trowbridge, Chairman
Date:
Larry Fixler, Clerk
Date:
Frank MacMillan, Jr., Member
Date:
Joseph McCarthy, Member
Date:
Edwin Pease, Member