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92 WASHINGTON ST - BUILDING INSPECTION 'd y ♦ 7 t � The Commonwealth of Massachusetts Department of Public Safety Massachusetts State Building Code(780 CMR) Building Permit Application for any Building other than a One-or Two-Family Dwelling (This Section For Official Use Only) Building Permit Number: Date Applied: Building Official: SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available) 92 Washington Street Salem MA 01970 City Hall No.and Street City/Town Zip Code Name of Building(if applicable) SECTION 2•PROPOSED WORK Edition of MA State Code used_ If New Construction check here❑or check all that apply in the two rows below Existing Building EX Repair Alteration ❑ Addition Cl I Demolition ❑ (Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ 1 Other ❑ Specify: Are building plans and/or construction documents being supplied as-part of this permit application? Yes ¢[ No ❑ Is an Independent Structural Engineering Peer Review required? Yes ❑ No IX Brief Description of Proposed Work: Renlac xistine Main Roof Benlace existine Skv Liehts Replace (;utter¢and 17nwnsnouts Re point existing Chimney SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft) 3 Floors 5856 Total Area(sq.ft.)and Total Height(ft.) 17568 42' SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1❑ A-2❑ Nightclub ❑ A-3 ❑ A4❑ A-5❑ 1 B: Business Ix" E: Educational ❑ F: Facto F-1❑ F2❑ H: High Hazard H-1❑ H-2❑ H-3 ❑ H-4❑ H-5❑ I: Institutional 1-1❑ I-2❑ I-3❑ 1.4❑ 1 M: Mercantile❑ R: Residential R-10 R-2❑ R-3❑ R-4❑ S: Storage S1 ❑ S2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA ❑ Ill IIA ❑ IIB ❑ IIIAM IIIB ❑ IV 1 VA ❑ VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal: Public IX Check if outside Flood Zone iX Indicate municipal IX A trench will not be Licensed Disposal Site 11 Private❑ or indentify Zone: or on site system❑ required Igor trench or specify: permit is enclosed❑ Railroad right-cf-way: Hazards to Air Navigation: MA i-Iistoric CommissionRcview Process: Not Applicable IR Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes❑ or No EX Yes❑ No IX SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: t r SECTION 9: PROPERTY OWNER AUTHORIZATION Name and Address of Property Owner Salem City Hall 92 Washington Street Salem 01970 Name(Print) No.and Street City/Town zip Property Owner Contact Information: Michael Lutrzykowski 978. 619_ 5648 MLutrzykowskiaa,salem.com Title Telephone No.(business) Telephone No. (cell) e-mail address If applicable,the property owner hereby authorizes Name Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building ermit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) f building is less than 35,000 cu.ft.of enclosed s ace and/or not under Construction Control then check here O and skip Section 10.1 10.1 Re 'stered Professional Responsible for Construction Control Mc m ey Kastow and Assncintns 617 625 8901 __- john(a,mcginleykalsow.co Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor Stanley Roofing Company, Inc. Company Name Michael Doane 66263 Name of Person'Responsible Construction License No. and Type if Applicable 42 Mitchell Road Ipswich MA 01938 Street Address City/Town Town State Zip tY/ 9786 7958 978 _ 423. 9706 mike-stan(astanleyroof.com Telephone No.(business) Telephone No. cell e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT M.G.L.c.152 25C 6 A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this apphcation? Yes 1,$ No ❑ SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 1.Building $ 2.Electrical Building Permit Fee=Total Construction Cost x_(Insert here $3.Plumbing $ appropriate municipal factor)=$ 4.Mechanical (HVAC) $ Note:Minimum fee—$ (contact municipality) 5.Mechanical Other $ 6.Total Cost Enclose check payable to $ '� A, (contact municipality)and write check number here SECTION113:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate SJie Kst of my knowledge and understanding. Michael Doane / (\I) fKPy\ tr -------ProjectManager 978. 423. 9706 9/25/12 Please print and sign name Title Telephone No pate 42 Mitchell Road Ipswich MA 1 38 Street Address City/Town State Zip Municipal Inspector to fill out this section upon application approval: Name Da y The Commonwealth of Massachusetts Prini Forrii Department of Industrial Accidents Office of Investigations I Congress Street,Suite 100 Boston,MA 02114-2017 www ntass govldia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Al1Dlicant Information Please Print Legibly Name(Business/Orgenization4ndividual): Stanley Roofing Company, Inc. Address: 42 Mitchell Road City/State/Zip: Ipswich,MA Phone#: 978-356-7958 Are you an employer?Check the appropriate box; Type of project(required): 1.® I am a employer with 40 4. ❑ 1 am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers' insurance.t 9. [:]Building addition coat [No workers'comp. insurance P• required.] 5. ❑ We arc a corporation and ill; 10.❑Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their I1.❑Plumbing repairs or additions myself. [No workers'comp, right of exemption per MGL 12.®Roof repairs insurance required.]t c. 152,§1(4),and we have no employees. [No workers' 13.0 Other comp.insurance required.] 'Any applicant that checks box#I mustalso fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they arc doing all work and then him outside contractors must submit a new affidavit indicating such. tContraclors that check this box must attached an additional sheet showing the name of the sub•conlractors and state whether or not those entities have employees. If the subcontractors have employees,they must provide their workers'corrp,policy number. I am an employer that Js providhtg workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Eastern Insurance Policy#or Self-ins.Lic.#: WPA-0253397-14 Expiration Date: 5/1/13 lob Site Address: 92 Washington Street City/StatatZip: Salem,MA 01970 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do Jrereb earl!o under the pains and en u.y,Wz 6he hr ormation provided above is trite and correct. Si at ve' Data 9/25/12 Phone#: 97 356-7958 Official use only. Do not write in t/ds area,to be completed by city or lown official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: t. Massachusetts Rep Irtmcnt of Public Safety Board of Building Ri_ulauum and Standards Construction Supervisor License License: CS 66263 tw" MICHAEL K DOANE 30 SHETLAND RD DANVERS, MA 01923 1 Expiration: 2WO13 ' . f'unnniwiuner. Tr#: 9616 �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200 DEVAL L.PATRICK IAN A BOWIES Governor Secretary TIMOTHY P.MURRAY LAURIE BURT Lieutenant Governor Commissioner MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF SOLID WASTE MANAGEMENT FACILITY PERMIT AUTHORIZATION TO CONSTRUCT AUTHORIZATION TO OPERATE CONSTRUCTION&DEMOLITION WASTE PROCESSING&TRANSFER FACILITY Effective Date: December 8,2009 DEP Region:Northeast Expiration Date: December 9,2019 FMF.Facility No.: 52030 Regulated Object No: 173138 Permit No.: NESW-TS-013 I. FACILITY DESCRIPTION: Name of Permittee: United Waste Management of New England,LLC Mailing Address: 47 Kemble Street Boston(Roxbury), MA 02119 Name of Facility: United Waste Management of New England Address of Facility: 47 Kemble Street Boston(Roxbury),MA 02119 Type of Waste Handled: Construction&Demolition Waste Approved Plans: Operation and Maintenance Plan: Date Approved: December 8,2009 Description: Operation and Maintenance Plan Transmittal No.: X229263 United Waste Management of New England-LLC Dated: October 2009 This Information is available In altemo a format Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDDN 1-966339.7622 or 1-61 7-5 744 8 6 8. http://%v v.mass.gov/dep.Fox(978)694-3499 Printed on Recycled Paper Facility Permit/Authorization to Operate Page 2 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 Waste Ban Compliance Plan: Date Approved: December 8, 2009 Description: Waste Ban Compliance.Plan Transmittal No.:. X229263 United Waste Management of New England,LLC Boston,Massachusetts Dated: October 26, 2009 Limited Plan Application for Non-Fuel Emissions: Date Approved: November 18 2009 Description: Final Approval (Transmittal No.: X230398) United Waste Management of New England, LLC Boston,Massachusetts Application Number: MBR-09-IND-018 Plan to Minimize Diesel Emissions: Date Approved: September 3,2009 Description: Conditional Approval(Other) United Waste Management of New England, LLC Dated: Member 1,2009 II. FACILITY PERMIT—APPLICATION REVIEW AND APPROVAL Application: Modification of a Large Handling,Facility acility(BWP SW07) Transmittal Number: X229263 Prepared By: Green Seal Environmental,Inc., Sagamore Beach,MA Dated: August 2009 Supplemental Information: September&October 2009 United Waste Management of New England, LLC ("UWM" or the"Permittee") operates a construction and demolition waste handling and transfer facility in an enclosed building located at 47 Kemble Street in Boston(Roxbury), Massachusetts(the"Facility'). UWM acquired the Facility from Jet-A-Way, Inc. in 2008. The Facility accepts construction and demolition ("C&D") waste collected from various.sources in Greater Boston and the surrounding area. Upon:weighing the incoming loads, waste is tipped inside the building and inspected to determine the presence of unacceptable materials. The waste is then passed through a line of waste processing equipment to remove select materials including .metal,-wood, aggregate materials, cardboard, plastic and bulky waste. Once sorted, the materials are shipped in transfer trailers to off-site facilities for further processing or disposal. The process also produces C&D Fines and ground C&D Residuals which are UnitedWaste X229263 ArO-10091208 12/08/'1009 Facility PermittAuthorization to Operate Page 3 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 stored inside the building prior to shipment off-site. The Facility is equipped with a water misting system to minimize fugitive dust emissions from facility operations. The subject application complies with the application requirement$ set forth at 310 CMR 19.030(3) .[Application], 19.041 [Authorization to Construct] and 19.042 [Authorization to Operate], and was reviewed in accordance'with 310 CMR 19.037 [Review Procedures for Permit Modifications, Pemrit Renewals and Other Approvals]. The plans and reports described above establish that the Facility complies with the applicable criteria set forth at 310 CMR 19.038(2). This document is a permit issued pursuant to Massachusetts General Laws ("MGL") Chapter 111, § 150A and 310 CMR 19.000, and pursuant to 310 CMR 19.043 subject to the conditions set forth below ("permit"). This permit and Authorization to Operate ("ATO") supersedes and replaces all prior solid waste management permits/ATO's issued pursuant to MGL Chapter 111, § 150A and 310 CMR 19.000 by MassDEP for the Facility, except as provided in Section V. below. In the event this permit or ATO conflicts with all or parts of other prior plan approvals issued pursuant to Chapter 111, § 150A, or solid waste regulations in effect prior to July 1, 1990, the terms and conditions of this permit and ATO shall supersede the conflicting provisions of the prior plan approvals. This permit/ATO does not convey property rights of any sort or any exclusive privilege. III. GENERAL PERMIT CONDITIONS A. Amount of Waste-The Facility shall not accept wastes except as provided in section W.A.below. B. Compliance with Plans-The Permittee shall conduct operations in accordance with approved plans,reports, and other submissions described in Section I except as may be modified by the conditions set forth in Sections IV.,V. and VI. No material changes in the design or activities set forth in the approved documents shall be performed without prior written Department approval. C. Compliance with Other Approvals-The issuance of this permit does not relieve the Permittee from the requirement to comply with solid waste management statutes and regulations. In addition,this permit does not relieve the Permittee from the requirement to comply with all other applicable local, state and federal laws and regulations. D. Standard.Conditions -The Permittee [and the owner] shall operate the Facility in accordance with the conditions at 310 CMR 19.007-19.011 and 19.043(5). E. Joint Liability-This permit is issued subject to the conditions of joint liability of the Permittee and owner in accordance with 310 CMR 19.043(3). UnitedWasle X229263 ATO-2009/208 12/08/2009 I Facility Permit/Authorization to Operate Page 4 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 F. Transfer-No transfer of this permit shall be permitted except in accordance with 310 CMR 19.044. In the event of a change in the Permittee's name,other than a transfer of the permit,the Permittee shall notify the Department within seven(7) days of the.effective date of the change of name. G. Waste Disposal Restrictions-The Permittee shall comply with all restrictions :-upon the type of waste received by the facility as established by the facility's Site Assignment,this permit,and 310 CMR 19.000. H. Special Wastes -The Facility shall not accept any Special Wastes except as provided by an Approval to Manage a Special Waste issued pursuant to 310 CMR 19.061 and/or as provided at Section N.B. of this Permit. All Special Wastes handled by the Facility shall be handled in conformance with the provisions of 310 CMR 19.061. I. Authorization To Construct-Before commencing construction of any expansion or significant modification of the Facility not specifically approved for construction by this permit,the Permittee shall obtain an Authorization to Construct in accordance with 310 CMR 19.041. J. Permit Modification-The Department reserves the right to rescind, suspend or modify this permit by the imposition of additional conditions based upon a determination of actual or the threat of adverse impacts from the construction, operation,maintenance or closure of the Facility,or as may otherwise be required to comply with the requirements of the.laws and/or regulations of the Commonwealth as they exist at the time of such.action. K. Definitions-Unless indicated otherwise,the following terms in this permit or in any action relative to this permit shall mean as follows: the Department and/or MassDEP shall mean the Massachusetts Department of Environmental Protection; MDPH shall mean the Massachusetts Department of Public Heath;Board of Health shall mean the City of Boston Public Health Commission. IV. SPECIFIC PERMIT CONDITIONS A. Amount of Waste 1. The Facility shall not accept more than seven hundred fifty(750)tons of Construction&Demolition("C&D")waste on any given day. The Facility shall not accept Municipal Solid Waste ("MSW"). C&D waste, as defined by 310 CMR 16.02,means the waste building materials and rubble resulting from the construction,remodeling,repair or demolition of buildings,pavements,roads or other structures. C&D waste includes concrete,bricks,lumber,masonry,road paving materials,rebar and plaster UnitedWaste X229263 ATO-10091208 12100009 Facility Permit/Authorization to Operate Page 5 of IS United Waste Management of New England,LLC Transmittal Number:X229263 from the above activities with only incidental amounts of other solid waste. 2. As set forth in the approved plans,the Facility shall accumulate not more than five hundred fifty(550)tons of solid waste at the Facility at any time. B. Special Waste I. The Facility is not authorized to receive wastes defined as Special Waste except as provided by Section III.H. of this permit. 2. The Facility shall implement and maintain an active program of inspection and waste control to prevent the acceptance and processing of asbestos- containing materials. The program shall include, at a minimum, the "Asbestos Management/Inspection Protocol" specified in the approved Operation and Maintenance Plan ("0&M Plan"). The inspection protocol shall be amended as necessary to conform to applicable MassDEP regulations and/or policies subject to the requirements of Section IV.D. of this permit and 310 CMR 19.000. 3. Except as otherwise approved, in writing,any asbestos containing materials,including but not limited to asphalt shingles, shall be managed in accordance with the provisions stipulated within the"Asbestos Management/Inspection Protocol"of the Facility's O&M Plan. C. Hazardous Waste 1. Except as otherwise provided herein,the Facility shall not accept hazardous waste. 2. The Facility shall implement and maintain an active program of inspection and waste control to prevent the acceptance and processing of hazardous waste. The program shall include,at a minimum,the procedures specified in the O&M Plan and shall be amended as necessary to conform to applicable MassDEP regulations and/or policies. 3. In the event that incoming waste contains incidental quantities of materials classified as"universal waste", and the Facility determines it is not practical to reload and return such waste to the point of origin,the Facility shall segregate the waste from the load and store the universal waste at the appropriate designated area specified in the 0&M Plan, pending off-site transfer to a proper handling or disposal facility. D. Permits/Approved Plans — The Permittee shall maintain, on-site at the Facility, a complete copy of this permit and all approved plans, appendices, protocols and attachments. Prior written approval from MassDEP is required.before any changes or UnitedWatte X229263 AT0-10091208 12/082009 Facility Permit/Authorization to Operate Page 6 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 modifications can be made to the Facility's permit conditions or O&M Plan requirements. E. Records—The Permittee shall maintain and make available at the Facility upon request to authorized representatives of MassDEP,all records and copies of all reports required by this permit and all approved plans. F. Waste Ban Compliance—The Facility shall comply with the Waste Ban Compliance requirements set forth at 310 CMR 19.017 and the protocols set forth in the Facility's approved W ste Ban Compliance flan,subject to compliance with the following conditions pursuant 310 CMR 19.043. 1. All waste unloading shall be supervised. 2. The Facility shall inspect all incoming waste to determine the presence of unacceptable materials including but not limited to asbestos,hazardous materials,and"banned"waste materials. 3. The Facility shall document all actions and procedures taken to ensure compliance with these.requirements,as set forth in the approved plans and attached protocols. 4. The Facility shall implement appropriate procedures so as to ensure that any unacceptablelrejected materials are properly managed and disposed. 5.. ..All process residuals,C&D waste, and other solid waste shall be transferred from the Facility in compliance with the waste ban requirements set forth at 310 CMR 19.017. The Facility shall not"blend"solid waste,process residuals, C&D waste, recyclables or other materials to achieve compliance with these regulations. 6. The Facility shall document the results of all ongoing monitoring for waste ban compliance on the"Ongoing Monitoring Recording Sheet for C&D Material Handling/Processing Facilities,"as revised November 2009 and attached hereto as Attachment 1;this document shall replace Attachment A of the Waste Ban Compliance Plan. G. Enclosed Operations—The Facility shall conduct all solid waste handling operations entirely within covered and enclosed structures in accordance with the approved plans and applicable regulations set forth at 310 CMR 19.200. The Facility shall receive and handle all waste and materials-only at the designated areas as described in the O&M Plan and depicted on the site plan contained therein. H. Speculative Accumulation—There shall be no excessive storage or speculative accumulation of materials at the Facility. UmIedWmvre X229263_ATO-20091208 12J082009 Facility Permit/Authorization to Operate Page 7 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 1. At the end of each work day, all extracted or processed materials shall be transferred to the appropriate designated storage areas and shall be managed in accordance with the requirements set forth in the approved plans, this permit and the applicable regulations. 2. Pursuant to 310 CMR 19.207(21)(c),all accumulated recyclable materials shall be removed from the Facility at least every sixty(60)days and/or at such other times as may be specified by the Department. 3. All processed or extracted materials shall be either transferred to appropriate recyclingtreuse markets or be properly disposed of at approved solid waste management facilities in accordance with all MassDEP regulations, and in accordance with the requirements set forth in the O&M Plan and this permit. I. Dust Control System—The Facility shall provide,maintain and use a water spray system, as set forth in the approved plans to minimize fugitive dust emissions. J. Diesel Emission Controls—Pursuant to MassDEP's Conditional Approval, dated September 3,2009, of the Facility's plan to minimize diesel emissions at the Facility (attached hereto as Attachment 2),the Permittee shall, at a minimum,comply with the Best Management Practices outlined below. 1. To minimize diesel emissions at the Facility,the Permittee shall,: a. Continue to use only ultra low sulfur diesel fuel; b. Minimize the idling of equipment by turning off engines when not in use for more than fifteen(15)minutes;and c. On or before July 15, 2011,UWM shall replace the Facility's three(3) primary pieces of heavy equipment(two excavators and one front-end loader)with new low emission diesel,compressed natural gas,liquid natural gas,or liquid petroleum powered equipment,with a minimum of one(1)piece of equipment being replaced on or before July 15, 2010. K. Staffing—The Permittee shall,pursuant to 310 CMR 19.207(2), 310 CMR 19.207(17) and 310 CMR 19.207(19)provide an adequate number of trained staff to ensure that the Facility is operated and maintained as designed, in accordance with good solid waste management practices and with this permit and the approved plans. 1. The Facility shall ensure that all employees, and substitute employees, of the Facility,including without limitation,inspectors, scale attendants, workers, laborers,handlers, equipment operators,and supervisors, are properly trained, licensed and/or certified to perform the functions that they are required to perform. UnitedWaste X229263 ATO-20091108 12/OM009 Facility Permit/Authorization to Operate Page 8 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 2. The Facility shall maintain at the Facility a record of the employee training and a certification by the Permittee that the designated employees have been trained and that said individuals are knowledgeable regarding the requirements of this permit,the approved plans and good solid waste management practices. Such training certifications shall include a description of each individual's job duties and training. 3. The individual(s) assigned to inspect and supervise the unloading of all v,.•hicles delivering waste (the"Inspectors")shall have adequate training, knowledge and understanding of all applicable regulations,the requirements of the 0&M Plan and this permit,and shall each possess: a. completion of a Massachusetts Department of Labor and Workforce Development ("DLWD'�, Division of Occupational Safety ("DOS") approved training as specified in 453 CMR 6.10(4)(d) and field experience as specified by 453 CMR 6.07(2)(a)(1) or(2); b. a valid and legible Massachusetts DOS Asbestos Inspector Certification Card (photo ID) issued by DOS pursuant to 453 CMR 6.07(2)(a);and c. a minimum 40 hours of on-the-job training, in addition to classroom certification, in identifying potential asbestos-containing materials and sampling protocols and/or two months field experience under the direct supervision of a certified Asbestos Inspector or Management Planner, as prescribed in DLWD regulations at 453 CMR 6.07(2). L. Beneficial-Use Determination-The Beneficial Use.Determination issued by MassDEP on October 1,2002("BUD")for the recyclingtreuse of C&D Fines generated by the previous operations at the Facility is no longer valid. M. Storm Water and Contact Water Management-The Facility shall comply with the requirements of 310 CMR 19.205(1)and 310 CMR 19.206(3),including, without limitation,the following: I. The Permittee shall operate and maintain storm water controls to effectively prevent erosion,prevent the discharge of pollutants,protect the physical integrity of the Facility and be managed according to applicable standards established by MassDEP including,but not limited to,the wetlands protection regulations at 310 CMR 10.05(6)(b) and MassDEP's Storm Water Policy. 2: All storm water,or water used for operations at the Facility,that comes in contact with C&D materials and recovered or recyclable materials shall be controlled and collected and otherwise properly managed in accordance with approved plans and all applicable state statutes and regulations prior to discharge off site. UniredWas1e X229263 Ar0-20091208 12/08/2009 Facility Permit/Authorization to Operate Page 9 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 N. Routine Monitoring—The Permittee shall provide routine monitoring of the Facility in accordance with the requirements of this Section and the approved plans to ensure compliance with this permit and the approved plans including,without limitation the following: 1. A daily assessment shall be conducted of the status and condition of the Facility, structures, equipment,devices, environmental control systems, paved surfaces, fencing, gates,and the general cleanliness of the Facility area. 2. A monthly assessment shall be conducted of the condition and performance of the Facility's storm water control and discharge system. 3. Documentation of the results of the routine monitoring, and any corrective actions,repairs,or maintenance in the Facility's Daily Log required by Section IVY. of this permit. , 0. Weigh Devices—As required by 310 CMR 19.205(3)and 310 CMR 19.207(22)(b), the Permittee shall provide, operate and maintain on a continuous basis a weigh scales) for the weighing of all waste and materials delivered to, and transferred from, the Facility. Such weigh.devices shall be properly maintained at all times and shall be certified/calibrated in accordance with all applicable laws, regulations,ordinances, and the manufacturer's recommendations. The Facility shall maintain all documentation regarding the certification/calibration and maintenance/repair of weigh devices in the Facility's Daily Log required by Section IV.P. of this permit. P. Daily Log—The Permittee shall maintain a Daily Log and records documenting the operations of the Facility. All Daily Logs and records shall be available for MassDEP ;. review upon request. 1. The Daily Log shall include,without limitation: a. A daily summary of wastes received(reported in tons); b. A daily summary of materials shipped for recycling(reported in tons), itemized by material type including identification of the recycling facilities/locations; c. A daily summary of wastes rejected,including identification of responsible parties and description of wastes rejected; d. A daily summary of wastes shipped for disposal(reported in tons), itemized by material type including identification of the disposal facilities/locations,; e. A description of operational problems which are deviations from the approved plans and operating procedures,as they relate to this permit, or from this permit or the Facility's site assignment; f. Documentation of the results of the routine monitoring required by Section IV.N, of this permit including any corrective actions,repairs, or maintenance required or performed. UnIIedW=te X229263 ATO-20091208 12/082009 Facility Permit/Authorization to Operate Page 10 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 g. Description of actions taken, or to be taken,to mitigate or correct operational problems which are deviations from the approved plans and operating procedures,as they relate to this permit,or from this permit or the Facility's site assignment; lr. Documentation of all special reporting/notifications made to MassDEP,the board of health, and other authorities/agencies/emergency responders/facilities,as necessary, in accordance with the Special Reporting section of this permit;and J. The Signed Daily Load Inspection Certifications required by Section N.T. of this permit, 2. Records shall include,without limitation: a. All records and documentation required by this permit and the approved plans including without limitation,the 0&M Plan and Waste Ban Compliance Plan; b. Documentation of the sources and final disposition of wastes. c. Records of inspections and waste monitoring pursuant to compliance with waste bans as established at 310 CMR'19.017, including without limitation,Ongoing Monitoring recording Sheets, Comprehensive Load Inspection Sheets and copies of"failed load letters"; d. Records and documentation required by the Asbestos Inspection and Management Protocol,et al; e. Copies of all personnel training records regarding operation and maintenance procedures, health and safety training, asbestos training, first aid,emergency procedures and any other training; f. Records and logs as set forth in the Facility's Limited Plan Application Final Approval(MBR-09-IND-018); g. Records and documentation of the routine assessments of the Facility's storm water control system pursuant to Section IV.N. of this permit; h. Documentation of the certification/calibration and maintenance/repair of the Facility's weigh devices pursuant to Section IV.O. of this permit; and i. Documentation of the Third Party Inspections of the Facility pursuant to Section IV.S. of this permit including copies of the inspection reports. Q. Annual Report—By no later than February 15 of each year,the Permittee shall submit to the Department an annual operations report for the preceding calendar year. I. If a form is published by the Department for the annual report,the annual report shall be submitted on and provide the information requested in that form. 2. Should the Department not publish a prepared form for annual reports, this annual report shall include at a minimum: UnfledW=1e X229263_AT0.2009f208 121=00 Facility Permit/Authorization to Operate Page 11 of 1g United Waste Management of New England,LLC Transmittal Number:X229263 a. A monthly summary of the year's receipt of wastes(reported in tons), including materials accepted or shipped for recycling, itemized by type,including: i. average daily quantity, it. peak day quantity, iii. exceedances of authorized maximum quantity, iv.. other information as appropriate to demonstrate seasonal variation,and V. summary of wastes rejected, including sources,reason for rejection and(to the extent known)ultimate disposition of the waste; and b. A summary of operational problems which are deviations from the approved plans and operating procedures,as they relate to this permit, or from this permit or the Facility's site assignment,including recommendations for long term changes or modifications required to address such problems. R. Special Reporting—In the case of a hazardous waste incident,the notifications described below shall be in addition to, and shall not substitute for,any notification(s) which may be required pursuant to 310 CMR 40.0000(the Massachusetts Contingency Plan; "MCP")and 310 CMR 30.000 (the Massachusetts Hazardous Waste Regulations),if any, or other applicable law or regulation. I. The Facility shall notify MassDEP in writing within twenty-four(24)hours, if not otherwise.required to do so sooner,of: a. any incidents or disruptions which occur at the Facility that could affect the public health, safety,environment,or operation of the Facility; or b. any response to the Facility from other agencies,including without limitation,fire department,police department,or Occupational Health and Safety Administration. 2. This written notification shall be made by FAX to MassDEP's Solid Waste Management Section,Northeast Regional Office. If a FAX machine is not available,this notification may be made by telephone instead. Such notification by telephone or FAX shall be followed up by a certified letter within 24 hours. This notice shall, at a minimum,provide to MassDEP a description of the incident,the impact on the Facility's operations,and a description of the actions the Facility intends to take to resume operations. 3. In the event any load of waste is rejected by the Facility,or is returned to the Facility, because it contains infectious waste,asbestos, or hazardous waste,the operator shall notify MassDEP's Solid Waste Management Section,Northeast Regional Office in writing within two(2)hours by FAX. If a FAX machine is not available,this notification may be made by phone instead within two (2)hours. Such notifications shall be followed up by a UniledWasle n29263 ATn-20091208 12/082009 Facility Permit/Authorization to Operate Page 12 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 certified letter within 24 hours. This notice (and follow-up letter where applicable) shall provide to MassDEP the following information: a. origin of load, b; description of load, c. reason for rejection,and d. name of hauler and license plate number of the vehicle involved. S. Third-party Inspections 1. The Facility shall be inspected,at a minimum,bi-monthly(once every two (2y months)for a total of not less than six(6) inspections each calendar year,by a qualified,independent,third-party inspector(the"Inspector"). As set forth below,the Inspector shall conduct random,unannounced inspections of the Facility and its operations and activities. 2. The Inspector shall be a Massachusetts registered professional engineer in good standing, or other qualified environmental professional approved by MassDEP1,and shall be qualified and experienced in the management and characterization of construction and demolition waste materials. The qualifications of any inspectors that are not registered professional engineers must be submitted with the inspection reports. The Inspector shall also be an Asbestos Inspector properly licensed and certified by the Massachusetts Department of Labor and Workforce Development ("DLWD"),Division of Occupational Safety("DOS")who is experienced in the identification of suspect asbestos and.asbestos-containing materials (".ACM"). In addition..to classroom certification,the Inspector must have a minimum of forty(40)hours of on-the-job training in identifying potential asbestos-containing materials and sampling protocols and/or two months field experience under the direct supervision of a certified Asbestos Inspector or Management Planner, as prescribed in DLWD regulations at 453 CMR 6.07(2). 3. The Inspector shall have adequate training,knowledge'and understanding of all applicable regulations,the requirements of this permit and all applicable plans and approvals. 4. The Inspector shall prepare written reports of each inspection, consistent with 310 CMR 19.207(25),and shall submit a copy of the inspection report 10 MassDEP within fourteen(14) days of the date of the inspection. 1 A qualified environmental professional is a person knowledgeable of the solid waste regulations and facility operations through applicable experience and/or education..Please contact MassDEP's regional Solid Waste Management Section Chief for a determination on the suitability of proposed inspectors that are not registered professional engineers. UnttedWaste X229263 ATO-20091208 1=812009 Facility Permit/Authorization to Operate Page 13 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 5. All inspections shall be conducted to thoroughly and comprehensively evaluate and report on the current operation of the solid waste management Facility relative to the applicable regulations,the requirements of this permit,and all applicable plans and approvals. hi addition,during each inspection the Inspector shall identify all suspect asbestos-containing materials("ACM")2 in one(1)randomly-selected load of incoming construction and demolition waste and shall collect a sample of each type of identified suspect ACM for asbestos analysis,in accordance with the Facility's"Asbestos Inspection Protocol." The Inspector shall submit the sample(s),using a documented chain of custody,to an independent, qualified and certified testing laboratory for determination of the presence or absence of asbestos by Polarized Light Microscopy("PLM")testing methods. 6. Each inspection report shall,without limitation: a. Indicate the compliance status of each operational aspect of the Facility(i.e. waste handling,processing,recycling, and all other site features); b. Include a summary of all waste received,processed, and transferred at/by the Facility including all loads identified and rejected because of contamination or unacceptability; c. Include a summary of all waste and material management records and the estimated volumes of all materials stockpiled on-site at the time of the inspection; d. Include the analytical results of the sample(s)collected during the inspection,provided that the analytical results may be submitted to MassDEP separately no later than 45 days after the date of the Third- Party Inspection if not available for submittal with the inspection report; e. .In the event a condition of noncompliance is identified:. i, clearly describe the issue of noncompliance, ii. identify the Permittee's intended actions to bring the Facility into compliance, and iii. provide a compliance schedule for implementing the corrective action(s); and f. Be signed and dated by the Inspector certifying,in accordance with 310 CMR 19.011(1),that to the best of his/her knowledge all information is accurate and complete,including all associated analytical reports. T. Daily Load Inspection Certifications—At the end of each day of operation, after the last load of waste has been received, a Daily Load Inspection Certification shall be 2 Suspect asbestos-containing materials are listed in the facility's"Asbestos Inspection&Management Protocol" UW1edW=1e X229263 A20-20091208 12108/2009 Facility PermittAuthorizationto Operate Page 14 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 completed by the Facility's on-duty waste inspector as set forth below. The Daily Load Inspection Certification shalt document that all loads received during the day of operation were inspected to determine whether any unacceptable materials were present, and all failed loads were documented,in accordance with this authorization and approved plans. The Daily Load Inspection Certification Form shall be completed in accordance with 310 CMR 19.01l(1),and,shall contain,at a minimum: a. The date the form was completed; b. The inspector's name; c. The inspector's DOSS certification number; d. The inspector's signature; and e. The following statement: "Pursuant to 310 CMR 19.011(1), 1 certify that all loads received at the Facility today were inspected to determine the presence of unacceptable materials, and all failed loads were documented, in accordance with the Facility's permit(s)and all approved plans." U. Annual Compliance Fee—The Permittee shall pay to MassDEP an annual solid waste facility compliance fee in the amount as set forth at 310 CMR 4.00: Timely Action Schedule and Fee Provisions for a"Large C&D Processing Facility." V. Mercury-Added Products°—Pursuant to 310 CMR 19.207(26),End-of-life mercury-added products$.that are hazardous waste pursuant to 310 CMR 30.000 shall be handled in accordance with 310 CMR 30.000. Mercury-added products that are not hazardous waste shall be handled in accordance with 310 CMR 76.05(2). V. AUTHORIZATION TO CONSTRUCT CONDITIONS A. This Permit is an Authorization to Construct("ATC")approval for the United Waste Management of New England facility located at 47 Kemble Street, in Boston, Massachusetts. UWM is authorized to construct the modifications and equipment installations as proposed in the application and related Supplemental Information (Transmittal No. X229263). B. UWM shall not alter,modifyor amend the project plans Without prior approval of MaisDEP, except as provided at 310 CMR 19.039(6). 0 Massachusetts Department of Labor and Workforce Development,Division of Occupational Safety("DOS"). a Mercury-added product means a product to which the manufacturer intentionally introduces mercury, including, but not limited to,electric lamps,thermostats,automotive devices,electric switches,medical or scientific instruments,electric relays or other electrical devices,but not including products made with coal ash or other products that are incorporated into equipment used to manufacture semiconductor devices,elemental mercury in pre-capsulated form that is sold,distributed or provided.to a dental practitioner for use in compliance with the department's regulations concerning amalgam wastewater and recycling for dental.facilities,or mercury-added formulated products. This term includes mercury-added components that are incorporated into larger products. 5 End-of-life mercury-added product means any mercury-added product that is no longer being used for its intended purpose and meets the definition of solid waste or hazardous waste. UnitedWasle X229263 ATO-20091208 12/082009 Facility Permit/Authorization to Operate Page 15 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 C. UWM shall operate the Facility in accordance with the existing Authorization to Operate ("ATO"), issued on July 15,2009 and existing 0&M Plan, dated April 2009, until such time as a Notification of Completion,as set forth below,has been received by MassDEP. . D. Upon completion of the Facility modifications and equipment installations proposed in the application(Transmittal No.X229263)and not less than seven(7) days prior to commencing the new operation,UWM shall submit to MassDEP a Notification of Completion as set forth below. UWM shall submit to MassDEP a revised Notification of Completion that corrects any deficiencies reasonably identified by MassDEP, if any, and provides any additional information that MassDEP reasonably requires. The Notification of Completion shall include: a. certification that the Facility modifications have been constructed as proposed, in accordance with the approved plans, and the equipment is ready for operation; b. certification that the Permittee shall operate the Facility in accordance with the requirements of this permit,the ATO Conditions set forth below and the new O&M Plan(approved as part of this permit); and c. certification by a responsible corporate officer of UWM,in accordance with the requirements of 310 CMR 19.011. E. Upon MassDEP's receipt of the Notification of Completion, UWM shall operate the Facility in accordance with this permit,the ATO Conditions set forth below, and the new 0&M Plan(approved as part of this permit)until such time MassDEP issues a final Facility Permit and Authorization to Operate for the Facility. F. Within thirty(30) days of MassDEP's receipt of the Notification of Completion, UWM shall submit to MassDEP a Final Construction Certification as set forth below. UWM 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 Final 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. certification that the Permittee shall operate the Facility in accordance with the requirements of this permit,the ATO Conditions set forth below and the new O&M Plan(approved as part of this permit); c. "as-built"plans for the Facility modifications, including,without limitation, the building expansion,final layout of the processing equipment, and final layout and coverage of the dust control misting system. d. certification by a.responsible corporate officer of UWM, in accordance with the requirements of 310 CMR 19.011. UnitedWaste X229263 ATO-20091208 12/082009 Facility Permit/Authorization to Operate Page 16 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 VI.AUTHORIZATION TO OPERATE CONDITIONS A. Subject to the ATC Conditions set forth in Part V. above,this Permit is an Authorization to Operate ("ATO'� approval for the United Waste Management of New England facility located at 47 Kemble Street, in Boston,Massachusetts. B. Term-The Pemrittee is authorized to operate the Facility for ten(10)years from the effective date of this permit,provided MassDEP may amend the term of this authorization: (a)in accordance with an approved modification pursuant to either 310 CMR 19.039 or 19.040;or (b)to coincide with the termination or renewal date of other Department permits issued for the solid waste processing,treatment or pollution control equipment located at the Facility. If the Permittee intends to operate after the expiration of this authorization,a request for renewal must be submitted at least 180 days,but not more than 270 days,prior to expiration, in accordance with 310 CMR 19.042(4). C. Site Assignment- Conditions for operation pursuant to the Facility's Site Assignment may apply. This Penrilt/ATO shall not supersede,nor otherwise diminish,the Permittee's requirement,prior to receiving waste or otherwise commencing operations,from complying with such conditions of the Site Assignment, or other permit, issued by the City of Boston, as may apply. D.• Financial Assurance Mechanism-The Permittee shall establish,obtain,and continuously maintain thereafter a Financial Assurance Mechanism ("FAM")for the Facility conforming to the requirements established at 310 CMR 19.051 and in accordance with the schedule set forth below. This financial assurance obligation shall be met by using any of the approved methods authorized in 310 CMR 19.051. 1. The FAM shall,at a minimum,provide for: a. Removal and disposal of all waste,including, but not limited.to, any residuals within the processing equipment and associated storage bunkers,trailers, containers and other storage areas. For the purpose.of calculating the amount of the FAM, any process product(recyclable material)or by-product, and other`recyclable" materials remaining on the site at the time of closure, shall be deemed to be a waste requiring removal and disposal as waste. Estimates of the quantity of waste requiring disposal during closure shall include estimates;under maximum operating conditions;of the customary amount of material (wastes,process product and residuals;etc.)on site pursuant to normal operations, and shall not be limited to a single day of waste receipt. b. Cleaning and/or removal, as applicable,of processing equipment. C. Cleaning of all areas of material receipt,processing and storage; including waste,process product and process by-product; within Un1tedW=te X229263 AT0-2009J208 12/08/2009 Facility Nrmit/Authorization to Operate Page 17 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 and without the building. d. Removal and disposal of liquid wastes and cleaning of liquid waste storage tanks(leachate and sanitary). e. Removal and disposal of litter. f. Inspection and cleaning the storm water control system. g. Inspection of the site for vermin and implementation of controls as necessary. It. Securing buildings and site from unauthorized access. i. Administration,supervision and direction of closure activities. 2.. On or before January 30, 2010,the Permittee shall,in compliance with the requirements stated above and as established at 310 CMR 19.051(5)(a), submit to MassDEP a revised itemized estimate of the cost of a third party to close the Facility for review and approval by the Department in accordance with 310 CMR 19.037. 3. Within thirty(30)days of the date of issuance by MassDEP of a determination that the revised FAM estimate is adequate,the Permittee shall, in compliance with the requirements stated above and as established at 310 CMR 19.051, submit to MassDEP documentation constituting or evidencing that a FAM has been established and adequately funded as proposed in the revised FAM estimate, as approved by MassDEP. 4.. Thereafter,the Permittee shall revise the calculation of the FAM each year concurrently with its annual report pursuant to Section IV.Q. of this permit and shall submit to MassDEP documentation of that calculation every second year. The Permittee shall adjust the amountof the FAM as necessary in compliance with 310 CMR 19.051(7) & (8),as applicable. In the event that MassDEP provides written comments to the Permittee on the proposed FAM, estimated costs,or revised calculations,the Pemrittee.shall provide a revised proposal/estimate to MassDEP in accordance with the schedule set forth in MassDEP's written comments that corrects any deficiencies reasonably identified by MassDEP in the submittal(s)and makes any changes that MassDEP reasonably requires. VII. RIGHT OF APPEAL A. Right to Appeal-UWM 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 19.037(4)(b), by submitting a written statement of the basis on which UWM 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, UniiedWasie X229263 ATO-10091208 12/00009 Facility PermitlAuthorization to Operate Page 18 of 18 United Waste Management of New England,LLC Transmittal Number:X229263 modify, or reaffirm its decision. Failure by UWM to exercise the right provided in this section shall constitute a waiver of UWM's right to appeal. B. Right to Appeal -Pursuant to 310 CMR 19.037(5),any person aggrieved by the issuance of this permit, except as provided for under 310 CMR 19.037(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 C. 30A not later than thirty (30)days following notice of this decision. C. Notice of Appeal:Any aggrieved person intending to appeal the decision to the superior covet shall provide notice to the Department of intention to continence such action. Said notice of intention shall include the Department File Number and shall identify'with particularity the issues and reason(s)why it is believed the approval 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 made the decision.The appropriate addresses to which to send such notices are: General Counsel Department of Environmental Protection One Winter Street-Third floor Boston,02108 Regional Director Department of Environmental Protection Northeast Region 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 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 public health or environmental impact of the permitted activity. JoW A. Carrigan Section Chief Solid Waste Management 2- Date UnitedWnsle X219163 ATO-20091?08 12/08/2009 alzacumenz a Ongoing Monitoring Recording Sheet For Construction and Demolition Waste Handling/Processing Facilities A New Sheet is to be Completed Each Operating Day Record every failed load over 5 cubic yards Date:. Scale Hauling Company Truck Truck Material(s) Ticket# (and Generator,if brown) # Type Causing or Time Load to Fail Separate Reject Dispose or Reason for Disposal(not an option Date & Transfer far white goods, lead acid batteries, "Failed Recycle for Disposal whole tires and CRTs) Load" Letter Sent Allowable Amountsof Restricted Materials Per Load Material Recyclable Paper Leaves& Glass, Metal, Asphalt Pavement, Brick, Lead Acid Whole Tires CRTs White Goods (includes corrugated Yard Waste Plastic Containers Concrete, Metal and/or Batteries cardboard) Wood Quantity 20%by volume 10% by 20% by volume No limit at None None None. None volume visible C&D Processin Facilities ❑ All other waste loads were monitored and did not contain banned material above allowable limits (Check) Total number of waste loads delivered this date (signature) Rev 11109 Attachment 1 ............................_..................................... .. .. . COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY&ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAT,OFFICE 205B Lowell Street,Wilmington,MA. 01887 • (978) 694-3200 DEVALL.PATRICK TAN A.BOWLES Governor Secretary TIMOTHYP.MURRAY - Lt1URTE BURT Lieutenant Governor Commissioner This is an electronle facsiadle of a document on file rvUh lire Afassachusells Department ofEttvlroantetnai Protection. [09/03/20091 Ty DeFfatos RE: BOSTON/Roxbury—Solid Waste Management/COR United Waste Management,Inc. United Waste Management of New England,.LLC 155 Bodwell Street (formerly[Jet-A-Way,Inc.]) N Avon,MA 02322 47 Kemble Street }' IMF Number:52030 _ Q Conditional Approval—Plan to Minimize Diesel Emissions ' (Heavy Equipment Replacement) C> Dear Mr.DePrate9 The Massachusetts Department of Environmental Protection,Northeast Regional Office,Bureau of Waste Prevention, Solid Waste Management.Section("MassDEP'7 has received your fetter and proposed plan to minimize diesel emissions at the United Waste Management of New England, LLC construction and demolition waste Itandling/processing facility located in Boston (Roxbury); Massachusetts (die 'Facility'). The plan was submitted to MasSDEP on your behalf by Green Seal Environmental, Inc. of Sandwich,'MA on September 1, 2009 and proposes the phased replacement of the Facility's existing primary heavy,equipment to comply with the Best Management Practices for diesel emission control outlined in the Facility's Authorization to Opel-ate(the"ATO")l. MassDEP approves your plan to replace the Facility's existing primary heavy equipment(two excavators and one front-end loader) with new, more efficient, lower emission equipment in accordance with the schedule set forth in your letter, Therefore,UWM shall: a. Continua to use only ultra low sulfur diesel fuel; b. Minimize the idling of equipment by filming off engines when not in use for more than fifteen (IS)minutes;and c. Within twenty-four(24) months of the effective date of the ATO (July 15,2009), UWM shall .replace the Facility s three primary pieces of heavy equipment(two excavators and one fiont- On July IS,2009,MmDEF inued to UWM a Facility PemnitIATC,which requires,in pan,(at Section.N.X.),that the higher use nnobile Incavy equipment at the Willy(hunt<nd loaders,excanton)be retrofitted with active diesel particulate filters a replaced with new lower emission diesel,compteued natural gas,liquid natural gas,or liquid petroleum powered equipment ThIS Inrormaden is available In allemnteformat.CON Donald M.Comes,ADA Cemd'metorat617356•1057.7DDY 866339-7622 ord173746e66 11ttp://w•w�rw�t.rnn%gov/dap a Fax(079)694.3499 `V printed on Recycled paper . . ............... BOSTON—Solid Waste Management United Waste Management of New England,LLC Page 2 of 4 Approval—Plan to Minimize Diesel Emissions TVsls an eteelronlefacshulle ofa doarment on fNe ivUG the DfassachuseBs Department of Eny1rownenlnl Prolecilon. end loader)with new lower emission diesel,compressed natural gas,liquid natural gas,or liquid petroleum powered equipment, with a minimum of one piece of equipment being replaced within(12)months from the effective date of-the ATO. This approval is issued by Mas[s]DEP as an "Other Approval" pursuant to 3I0 CMR 19.037(1)(f) and subject to the conditions set forth below. General Conditions 1. All terms and conditions of the current operating permits) and approved plans for the Facility, including without limitation, the Facility's approved Operation and Maintenance Plan, shall remain in full force and effect except as may be modified by this approval. 2. All waste handling and recycling activities shall be conducted in compliance with 310 CMR 16.00 and 310 CMR 19.000. 3.' This approval is subject to any restrictions contained in the Facility's site assignment or any restrictions contained in applicable locali state and federal laws and regulations, 4. MassDEP reserves .the right to rescind, suspend or modify this approval based upon a determination that the operation/maintenance of the Facility causes 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. 5. All future submittals to MassDEP shall be signed and certified by a responsible corporate officer of UWM in accordance with the applicable provisions of 310 CMR 19.000, including but not limited to the requirements of 310 CMR 19.011. RIGHT OF APPEAL United Waste Management of New England, LLC ( UWk&) 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 19.037(4)(b), by submitting a written statement of the basis on which UWM 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 MassDEP's receipt of the request. Such a request shall reopen the administrative record, and the MassDEP may rescind, supplement, modify, or reaffirm its decision. Failure by UWM to exercise the right provided in this section shall constitute a waiver of UWM's right to appeal, Right to Appeal—This approval has been issued pursuant to M.G.L. Chapter 111, Section I50A, and 310 CMR 19.037: Procedure for Existing Facility Permits Permit Modifications Permit Renewals and other Approvals. of the "Solid Waste Management Regulations". Pursuant to 310 CMR 19.037(5), any person aggrieved by the issuance of this determination may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. Chapter III, Section 150A and M.G.L. Chapter 30A not later than thirty(30)days following receipt. Notice of Appeal—Any aggrieved person intending'to appeal the decision to the superior court shall provide notice to MassDEP of intent to.commence such action. Said notice of intention shall include the Unitedtl'arte_dieselenitnimBAIPs 20090902 ver.91212009 BOSTON=Solid Waste Management United Waste Management of New England,LLC Page 3 of 4 Approval—Plan to Minimize Diesel Emissions 77ds is an electroudcfacrindre of docuurear angle wits(fie Massadatseas Depadmeut of Envlroanteotal Protection, MassDEP Facility Master File Number listed above (FMF Number: 52030) and shall, identify with particularity the issues and reason(s)why it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel of MassDEP and the Regional Director for the regional office that made the decision. The appropriate addresses to send such notices are: Office of General Counsel Massachusetts Department of Environmental Protection One Winter Street Boston,MA 02108 Mr.Richard J.Cha!P in Regional Director Massachusetts Department of Environmental Protection Northeast Regional Office 205E Lowell Street Wilmington,MA 01897 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 matter may be raised upon 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 public health or environmental lrn Tact of the permitted activity. -- -------Ifyou"have-Wquestions"regardingthismatter,please-contact-Mark Fairbrotherat(978)694=3298. ---- -- Sincerely, Sincerely, ' 7Urawldarsnatcvprhhdagproddtdlu7m ekelronlcsllj6plhe 1filr fmtldommrnt roppandngprodded lolroudMrantnip•bplhe DepntmtW ottMiroumtaW ProtMtao.dfigurd roprotthh dotanrnl Depuimmlot EorfroommnlProlMiertAilgned rapyofrhA daomaot Goafde�IlheOF.Pefarc0ledoolhelelathad. lwslgtolaeDBPoIIkeGehdanlheltauhnd. Mark G.Fairbrother John A.Carrigan Environmental Analyst Section Chief Solid Waste Management Section Solid Waste Management Section JAC/MGF/mgf cc: Greg Wirsen Green Seal Environmental,Inc. 28 Route 6A Ssndwlch;MA 02563 Scott Leriray United Waste Management of New England,LLC email:SooltRUnitedWasteManseenrentcom John Shea,Director of Environmental Hazards CityofBoston Environmental Health Office 10I0 Massachusetts Avenue,P Floor Boston,MA 02118 UattedR'aste dfesetwatsslonO,IfPs-20090902 wr.912/2009 BOSTON-Solid Wa3teManagement United Waste Management of New England,LLC Page 4 of Approval—Plan to Minimize Diesel Emissions T1ds is an electronk jacrLufle of a daearirerrt ou Jtk wills Dre AlassadOrsells Department of Environmental Protectlort. Jack Tracy City of Boston,Environmental Health Office email:lack trac bnhc.org UnitediVmte_dlerelemlatanBMPs_20090902 ver.91212009 i CITY OF &U.&M. TAxsSACHUSETI'S BUMDING DEPARTJIENT 120 W 1SHINGTON STREET, r FLOOR TEL (978) 745-9595 FAX(918) 740-9846 KLNfBERLEY DRISCOLL MAYOR THOMAS ST.PMM DIRECTOR OF PtBLIC PROPERTY/HL'ILDLNG CONWISSIONER CONSTRUCTION CONTROL DOCUMENT Project'ritle: 5&_1 a yr, t;i h 4,L Date: Project Location: '9 2 Scope of Project: _ ['Dg�- fee[a # �ita+tic� trepair!_ In accordance with SECTION 116.0-116.4.2 of the 6th edition of the Massachusetts State Building Code: I, W e K.W l C . k.J_sold Mass.Registration Number _ *%5! 1 being a registered professional Engineer/Architect hereby CERTIFY that I have prepared or directly supervised the preparation of all design plans,computations and specifications concerning: [ ] Entire Project pQ Architectural [ ] Structural [ ] Mechanical [ J Fire Protection [ ] Electrical [ ] Other(specify) for the above named project and that to the best of my knowledge,such plans,computations and specifications meet the applicable provisions of the Massachusetts State Building Code,all acceptable engineering practices and all applicable laws for the proposed project. Furthermore,I understand and AGREE that I shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved by the building permit and shall be responsible for the following as specified in section 116.2.2: 1. Review of shop drawings,samples and other submittals of the contractor as required by the construction contract documents as submitted for the building permit,and approval for the conformance to the design concept. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine, in general,if the work is being performed in a manner consistent with the construction documents. I shall submit periodically, in a form acceptable to the building official,a progress report together with pertinent comments. Upon completion of the work,I shall submit to the building official a final report as to the satisfactory completion and readiness of the project for occupancy, ED Ap, Signature and Seal of registered professional: d/s GAF WENDALLC. r� �; [Vo. 4934 aJy'