71-90 - SWAMPSCOTT COMPOST - CONSERVATION COMMISSIONlrr,SALTDtA
Form 5 DEOE File Na
71-90
(To be provioec by DECEI
Swampscott/Salem
Commonwealth
Cary/Town
of Massachusetts Appl�cwt Swamps C o t t I) -P
r -w
y
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
j
From Svlainpscott -Conservation Commission/Salem Conservation Comiflission
�0 'S�{, g�,catt.,Bd, of Public Works M Town `of Sw'ampscott'?
(Meme of Applicant) (Nerr a of 0hiperty ownill
t A Admin . B1dg . ,Swampscott AAdmin . Bldg.:,:ld Sw'amps.cott
ddress
MA 01907 1 - HA '01907
This Order is issued and delivered as follows:
Ci, by hand delivery to applicant or representative on Apr. 19 , 1988 (date)
C: by certified mail.return receipt requested on (date)
This Wood 13bCetedat Essex St. ,Swampscott (rear Swampscott Cemetery)
Plate 13 Lot� l
The property is recorded at the Registry of _ - Essex
- - -
I
Book 6432 Page 486
Certificate(if registered)
The Notice of Intent for this project was filed on Mar . 2 1 , 1988 (date)
The public hearing was closed on Apr . 5 , 1988 (date)
Findings - -
The Swampscott/Salem Cons . Coms . has reviewed the above-referenced Notice of
Intent and.plans and has held a public hearing on the project. Based on the information available to the
Swampscott/Salem Cons . Coms -at this time, the Swamps cctt/Salem C .C . has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate).
❑ Public water supply ❑ Flood control ❑ Land containing shellfish
❑ Private water supply1❑ Storm damage prevention ❑ Fisheries
❑ Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat
5-1
Effective 11/t ;P.7
Therefore. the Swamps co t t/Salem C . C . hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Sw amp s gQ t t/S a 1 Q-m r . C . orders that all work shall be performed
in accordance with said conditions and with the Notice Of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans. specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
I . Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2 This Order does not grant any property rights or any exclusive privileges. it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not rube"the permittee or any other person of the necessity of complying with all
oar appicableffdderaL state or local statutes, ordinances. by-taws or regulations.
a The work alutltorlited here irmder MW be completed within twee years from the date of this Order unless
either of the following apply
(a) the work e a mainteflafmce dredging project as provided for in the Act; or
(b) the time for completkxf has been extended to a specified date more than three years• but less than
five years.from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fol used in connection with the project shall be clean fill.containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber. bricks. plaster. wire, lath, paper, cardboard. pipe. tires. ashes.
refrigerators, motor vehicles or parts of any of the foregoing. _
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land. the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon vmich
the proposed work is to be done. The recording information shall be submitted to theS 'T'u s co f: c I .,.
Cons
on the form at the end of this Order prior to commencement of the work.
9 A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words. "Massachusetts Department of Environmental Quality Engineering,
File Number 71-90 ••
10 Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a Oar: in 2.I: J ncy proceedings
and hearings before the Department
1 1 Upon completion of the work described herein, the applicant shall forthwith reques? in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
1 2 The work shall conform to the following plans and special conditions:
52
I �
a
ORDER OF CONDITIONS re FILE 471-90
SPECIAL CONDITIONS
+11 exposed inappropriate material shall be removed �rom the
1 .+ gate to the site shall be erected . •Phis is to run Erom the
•�:err.or of the compost SiLe fence to the Salem line .
15 . The applicant , :his successors and asigns , shall insure that
during the worn and attar completion the grading is maintained
in suc_n a manner as riot to direct water or impound water on
abutting property .
16 . Any change (s ) made in the above-described plan , unless specified
otherwise in this order, which will alter an area subject to
protection under the WetlandsProtection Act , or any change (s )
in activity subject to regulation under G.L. 131 , sec 90 , shall
require the applicant to inquire of both the Swampscott and the
Salem Conservation Commission in writing whether the change (s) is
significant enough to require the filing of a new Notice of Intent .
17 . Members and agents of the Swampscott and Salem Conservation
Commissions shall have the right to enter and inspect the premises
to evaluate compliance with the conditions stated in this order ,
and may reuqire the submittal of any data deemed necessary for
that evaluation' .
18 . This order shall apply to any successor in control or successor
in interest of the property described in the Notice c Intent
and accompanying plan . +
19 . 'Phe applicant shall notify the Swampscott and Salem nnsarvar on
Commissions in writing 48 hours before any activity commences
project .
Plans:
Title Dated Signed and Stamped by: On File with:
Plan of Land in
3/18/88 Robert J . Satiros Swampscott b Salem
S..•ampscott 6 Salem , Town Er.5in�:c r
Conservation Commissions
%I 1t s s
Special Conditions(USe additional paper if neCe33My)
1TM'
}_ IA
"fy
lssued 6Y dWaMPaC.Q�t and Salem - _ Conservation Commss,on s
S'9rat Ure( 1-7 LQ
711
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This der must be by a mejuity of the( 6nserrefipn tCommisslon• �� <
on ft day6L� �Gli1. 19,P4/
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54A
OFFICE OF WATER
A0.
BOARD OF PUBLIC WORKS SEWER
PARK
•,Nil CEMETERY
9m ELIHU THOMSON ADMINISTRATION BUILDING HIGHWAY
c SWAMPSCOTT,MASS.01907 ENGINEERING
581-7500 WASTEWATER
SwpMPs TREATMENT FACILITY
ROBERT W.SNOW DONALD G.BREWER
CHAIRMAN SUPERINTENDENT OF PUBLIC WORNB
DAVID L.PHILLIPS
DANIEL P.KELLY
January 30, 1989
RECElVEL)
Jkj 31 1089
Salem Conservation Commission
One Salem Green v� � E�d Gll Ftl� � N1[0y.
Salem, Massachusetts 01970 SALEM P DEP- .
Gentlemen:
I enjoyed the opportunity to address the Conservation Commis-
sion on Thursday evening and appreciate the vote of confidence you
gave us. Also, I have enclosed a copy of the Consent Decree for your
records and will keep you updated as the work progresses.
Thanks again, and should you have any question or comments,
please contact me at (617) 581-7500.
Very truly yours,
BOARD OF PUBLIC WORKS
oDonaldk Brewer, Sup'— erin�endent��
DGB/mbv
Enc.
310 CMR: DEPARTMENT OF ENVTRONMENTAL QUALITY ENGINEERING
10.99: continued
Form 3
'',,pp�yq�T�/t�f/may DERE Re No.
/ SSV' To be vrovided b
1. Commonwealth !- ( y0EDE1
of Massachusetts �} Swampscott/Salem
X1'1 (, �7' clty�iown
;/ Town of. Swampscott
• � � �. MofiKant
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part 1:General Information
1. Location:Street Address Essex Street - Swampscott, MA. (Rear of Cemetary)
Lot Number Swamps cOtt Assessors Plate 13 Lot 1
a3"f bilization/
2. Project:Type Clean-Up Description Grade and Dress Existing Slopes
in accordance with the accompanying Plan and the Proposed
Consent Decree between the Town of Swampscott , the Environmental
Protection Agency and the Commonwealth of Massachusetts
3. Registry:CountyEssex So.Dist. Current800k 6432 &Page 486
Certificate(If Registered Land) NA
Town of Swampscott (617)
4. Applicant Department of Public Works - Tel. 581-7500
Address Admin . Bldg. , Swampscott, MA. 01907
S. Property Owner Town of Swampscott Tel. 581-7500
Address Admin .Bldg. , Swampscott, MA. 01907
Donald Brewer - Supt. of Public Works 58167500
6. Representative Tel.
Swampscott Department of Public Works
Address Admin . Bldg. , . Swampscott, ,MA.
7. Have the Conservation Commission and the DECE Regional Office each been sent,by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes 1.� No ❑
3•t
10/16/87 (Effective 11/1/87) 310 CMR - 280.17
310 CMR: DEPARTMENT OF ENV tONMENTAL QUALITY ENGINEERING
10.99: continued
8. Have all obtainable permits.variances and apprc its required by local by-law been obtained?
Yes %I No ❑
Obtained: Appad For: Not Applied For:
N.A. I.A. N.A.
9. Is any portion of the site subject to a Wetlands F !sMction Order pursuant to G.L.c. 131, §40A or G.L.
C. 130, §1057 Yes 0 No ❑ (See --opy Attached)
10.List all plans and supporting documents submiltr d with this Notice of Intent.
Identifying
Number/Letter Tille.Date
S-1 Mar. 18 , 88 Plan cE Land in Swampscott & Salem, MA.
Appendix I Mar . 18 , '. 88 Soil Irision & Sedimentation Control Plan
AppendixII Mar. 18, ' 88 Wetlaid Evaluation (LEC Envir. Consultants)
insert Decree
AppendixIIIDec . 12, ' 88 SchediLe for Completion of Various Work Items
Figure I - USGS :sheet (Lynn Quad. )
Figure II - Soil furvey, Essex County-MA. Southern Part
Order of Conditions - April
DEQE File No. 71-011 Swamp cott/Salem Conservation Commissions
11.Check those resource areas within which work ::proposed:
(a)® Buffer Zone
(b)Inland:
❑ Bank' Land Subject to Flooding,
❑ Bordering Vegetated Wetland' ❑ Bordering
❑ land Under Water Body&Waterway' ❑ Isolated
(c)Coastal:
❑ Land Under the Ocean' ❑ Designated Part Area'
❑ Coastal Beach' ❑ Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal Shore' ❑ Salt Marsh'
❑ Land Under Salt Pond• ❑ Land Containing Shellfish'
❑ Fish Run'
Ukely to involve U.S.Army Carps of Engineers c nccarrent)nrisdictlun.see General instructions for
Completing Notice of Intent.
3.2
10/16/87 (Effective 11/1/87) 310 CMR - 280.18
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
1o.99: continued
12 Is the wetland resource area to be altered by the.proposed work located on the most recent
Estimated Habitat Map(if any) of rare,"state-listed"vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
species Program?
YES [ ] NO [3F] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE Ix] (11 any)_
It yes, have you completed an,Appendix A and a Notice of Intent and filed them, along with
supporting documentation sotth t the Prograattiral mitage and shall have received App Appendix A priorSpecies am by
o the
' certified mail or hand delivery, 9
filing of this.Notice of Intent?
YES [ 1 NO [ ]
3.3
310 CSR- 280.19
10/16/87 (Effective 11/1/87)
--t
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
10.99: continued
Part II:Site Description
Indicate which of the following information has been provided (on a plan,in narrative description or calcula.
tions)to clearly,completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan,narrative
or calculations)
Fig. II Natural Features:
Soils
S-1 App. II Vegetation
S-1 Topography
S-1 Open water bodiesincludin
N.A. . 9 Ponds and lakes)
N.A. Flowing water bodies(including streams and rivers)
Public and'prfvatesurfaca water and ground water supplies on or within 100 feet of site
S-1 Maximum annual ground water elevations with dates and location of test
S-1'/App. I I Boundaries of resource areas checked under Part 1,item 11 above
Other
Man-made Features:
N.A. Structures(such as buildings,piers, towers and headwalls)
N.A. Drainage and flood control facilities at the site and Immediately off the site,including
culverts and open channels (with Inverts),dams and dikes
N.A. Subsurface sewage disposal systems
S-1 Underground utilities
S-1 Roadways and parking areas
S-1 Property boundaries,easements and rights-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided(on a plan.In narrative description or calcula.
tions)to clearly,completely and accurately describe work proposed within each of the resource areas
checked in Part 1,item 1 1 above.
Identifying
Number/Letter
(of plan,narrative
or calculations)
Planview and Crass Section of:
Structures(such as buildings, piers, towers and headwalls)
N.A.
Drainage and flood control facilities,including culverts and open channels(with inverts),
dams and dikes
N.A.A Subsurface sewage disposal systems&underground utilities
S-1 Filing,dredging and excavating,indicating volume and composition of material
N.A. Compensatory storage areas,where required in adcordance with Part III,Section 10:57
(4)of the regulations
N.A. Wlidlife habitat restoration or replication areas
Other
Point Source Oischarge
i7•�`• Description of characteristics of discharge from point§ource(both closed and open
channel),when point of discharge falls within resoutde area checked under PArt I,item
1 1 above,as supported by standard engineering calculations,data and plans,including
but not limited to the following:
3-4
10/16/87 (Effective 11/1/87) 310 CMR - 280.20
910 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
10.99: continued
1. Delineation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the
10-year and 100-year frequency stone;
3. Pre-and post-development rale of infiltration contributing to the resource area checked under Part I,item
11 above;
4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge.
Part IV:Mitigating Measures
4. Clearly,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified In Part II or Part III of the regulations;or
(b) why the presumptions set forth under each resource area specified in Part It or Part III of the regula-
tions do not apply.
lal Reaornce Area Type: Identifying number ar
❑ bllan Of sumo,t mania
aatai Resource Area Type: Identifying number ler
❑ Inlan of support menta
3.5
10/16/87 (Effective 11/1/87) 310 CMR - 280.21
910 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
10.99: continued
tdentilying number Iter
astat Res ce Area Type: or sucoort =ants
2. Cleary,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified In Part I,Section 10.02(1)(a)of these regulations;or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the
performance standards established for the adjacent resource area.specified In Part II or. .
Part III of these regulations.
❑ Coastal�p�cs Area Type eordered ey I00-Foot 01=etlonary Zone: Idenilying mtmber of tetter
FJ inwcl ing Vegetated Wetland Waupbo tdooumenb
No damage to Resource Area will occure . S-1
Project is Clean-Up and Bank Stabilization, Appendix I
the Resource Area is to be isolated from all Appendix II
work by the use of a "Silt Fence" as shown Appendix III
on the Plan and as Described in the "Soil DEQE File No.
Erosion and Sedimentation Control Plan" and 71-91
the "Proposed' Consent Decree" .
3.6
10/16/87 (Effective 11/1/87) 310 CMA - 280.22 .
>
310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENCINEEMO
10.99: continued
Part V:Additional Information for a Department of the Army Permit
1. COE Application No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives(I.e.,other locations and/or construction methods,particularly those
that would eliminate the discharge of dredged or fill material Into waters or wetlands).
5. 8'/t'x 11' drawings In planview and cross-section•showing the resource area and the proposed actio
ity within the resource area.Drawings must be to scale and should be clear enough for photocopying.
Certification is.required.from the Divisien.of Water Pollution,Control before the.Federal permit can be
Issued.Certification may be obtained by contacting the Division of Water Pollution Control,/W Inter Street.
Boston,Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted
In a manner that is consistent with the approved program.
Information provided will be used in evaluating the application for a permit and Is made a matter of public
record through Issuance of a public notice.Disclosure of this information is voluntary,however,if necessary
Information is not provided,the application cannot be processed nor can a permit be issued.
1 hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans,documents and supporting data are tru and complete,to ll}�beygt of m knowledge.
� f O�,K
Sinature IAppli f sjtpampBe . Of Date
e e n
Signature of Applicant's Representative Da
Donald Brewer, Supt. of Publi.c Works .
FORM 't...vll•• l• trc r.,. 4346 .9p,.," lir aQU]ACC,r My nor.
NED 100 (TEST)
1 MAY 82 Tu. e.<....1 <.a.:.. . 1.1,1 oa•a.....r u.A..r ..4 sla..r M.....b..al.
f.r • po,•il l•.hl•i• yo,•i•.ie, b'We'. utl.IMo I. U.il.d st.t.. ..len. Th.Offlu
d M.up,.ul •.� sdl.l(OMBI hu gtvd lMu...•,len.<p.i<d b. tb.U9 A,.,Grp
•f t,.i...,•. OMB H.wb, 0702.0016 •.1 uvh.l l.a Ll• .(20 s.vlu,b, 111, sp1lu'.Thl•
•1•Ne.0
-it[ b• ••l b • p.iwl 110.. .
3.7
10/16/87 (Effective 11/1/87) 310 CMR - 280.23
iWr
d
APPENDIX I
SOIL EROSION AND SEDII,F-NTATION CONTROL PROGRAM
March 18, 1988
Introduction
The Soil Erosion and Sedimentation Control Plan is designed primarily
to provide specific control measures for the con! .ruction phase of
the project. However, certain portions of the Cor rol Plan and
some of the specific structurers may and should s ay in place
until the establishment of final grouth.
The general patern of construction will be the of tblishment of
control structurers prior to the actual construct in of or the
stripping of soils prior to the construction of a of the work
contemplated herein.
In as much as these constructions will be phased so will the
Sedim,7•itation Control Plan be phased in it's implimentation.
General Principles
The following is a summary of the general princir +s which are to
be inr )rporated in the Soil Erosion and Sedimenta on Control Plan.
1. Construction of required control structurers
(see attached details)
2. Stripping of vegetative cover and e7 ^avation of
excess materials. (see attached Sit Plans)
3. Where ever feasible, natural vegeta ive rover
shall be retained and protected.
4. The extent of the disturbed area sh: 1 be kept to
a minimum , limits to be as shown o the plans or
as defined by the Conservation Comm. sion.
5. Temporary seeding, mulching, or othr approved
methods of stabilization shall be er loyed, to
Protect critical exposed areas, dur: i prolonged
periods of construction.
5. Water runoff shall be contained, as arch as practical,
within the confines of the construct .on area, and
controled at other times to facilitate ground water
recharge.
7. All sediment is to be retained on the site as much
as practicable.
Construction Sequence
The following construction sequence is recommended to minimize
potent4al sediment losses and to prevent the siltation of wetlands,
brooks , streams and dr;tinage structurers ( existing and/or new) .
At no time will excessively large areas be allowed to be disturbed.
All control measurers and structurers are shown in the Soil
Erosion and Sedimentation Control Plan.
_t
Construction Sequence (Cont.)
Construct siltation fence(s) at the base of all slopes
indicated to be protected. The fence(s) shall extend
to the limits indicated on the plans
Strip and stock pile all top siols,a directed,
from areas as indicated to be stripp I on the
Site Plan.
Excavate and grade areas indicated o- the Site Plan
to approximate sub grade levels.
Construct finish surface(s) as indic. ted, on the Site Plan
and immediately seed and / or protec all areas
by temporary vegetation or permanent 11anting.
Stabilize all cut and/or fill slopes ..mme'diately
after seeding to curtail erosion whi > plantings
become established.
A. Straw Mulch ( 70-90 lbs. per. :quare yard)
B. Jute mesh (see detail)
C. wood chips ( 275 lbs. per 100( square feet)
Runoff from all areas where velocity xceeds three
(3) f.p.s. shall be directed to suitz le stabolized
areas and/or silt control areas.
Upon completion of construction, and earlier as req ired, silt
and sediment, that has been trapped in control devi !sj shall
be removed and disposed of in an approu+d manor and '.n an approved
location„ All control structures shall be inspecte weekly and
after all storm occurances and cleaned and repairer'. is directed
or required.
Description of Sediment Control Structure
Siltation Fence
All PIow from the construction areas will flow naturally to the low
(wetland) areas of the site. At these low areas the flow will be
intercepted by tge siltation fence which consists of standard
mfgr. "snow fencing" covered, on the up stream side, with the
polypropylene filter fabric ( fabric has minute openings which
Permit the passage of water but contain the silts and sediments) .
Planting
Planting will be used on all exposed areas as both a temporary
and a perminant erosion control method. (see Tables I & II)
TABLE I
Seeding for Te nporary Cover
SPECIES SEEDING RATE RECOMENDED
(lbs. per.) SEEDING DATES
1000 s.f. Acre
Annual Ryegra! c 1 40 Mar. l to June 30
Aug.15 to Sept.15
Sudangrass 1 40 May 15' to Aur. 15
Millet 1 30 June 1, to Aug. 1
Winter Rye 3 120 Aug, 15 to Oct. 15
TABLE II
Seeding for Perminant Cover
Permissible Velocity (1)
SLOPE Erosion Easily
SPECIES RANGE Resistant Eroded
(percent) Soils goi;s
(velocities in f.p.s.)
Reed canarygrass 0 - 5 7 5
Tall fescue 5 - 10 6 4
Kentucky bluegrass over 10 5 3
Grass-legume mixt.(2)0 - 5 5 4
5 - 10 4 3
Red fescue O - 5 (3) 3.5 2.5
Redtop
Annuals (4) 0 - 5 3.5 2.5
Sudangrass
Small grain
(rye,cats,barley)
Ryegrass
(1)Velocities may exceed five (5) feet per second (f.p.s . ) only
where Vegatitove cover is well established and proper maintenance
can be obtained.
(2)Do not use on slopes aver 10 percent.
(3)Do not use on slopes over 5 Percent.
(4)Annuals are to be used as temporary protection until permanent
covers are established
APPENDIX II
Lelito Environmental Consultants
WETLAND EVALUATION
March 18 , 1988
L e I I 1 o E n v i r o n mental C o n s u l t a n t s
Wildlife Biologists
Wetland Scientists
Complete Environmental Permitting Process '
March 18 , 1988
Mr. David Phillips
Chairman
Department of Public Works
Swampscott, MA 01907
RE: Essex Street [ LEC File No. 1147-01
Dear Mr. Phillips:
At the request of the Swampscott Town Engineer, Mr. Robert J.
Sotiros , LEC conducted a site assessment at the composting site
located off Essex Street on the Swampscott/Salem town line.
The following observations describe the existing protectable
resource areas and their plant community composition.
Summary
The existing wetland ecosystem consists of a freshwater pond
and associated Bordering Vegetated wetland. The resource area
determinations were made consistent with the procedures
outlined in MGL Chapter 131 section 40 under the Regulations
promulgated at 310 CMR 10 . 04 and 10. 55 (Pond and Bordering
Vegetated Wetland, respectively) .
Wetland A was formerly contiguous to Thompson' s Meadow and
connected by surface hydrology. This wetland became vegeta-
tively separated from Thompson ' s Meadow during the construction
of the Boston and Maine Railroad . The standing water is of --
sufficient volume and duration under 310 CMR 10 . 04 to be
classified as a pond. The vegetation associated with the pond
was dominated by button bush, an aquatic shrub. The Bordering
Vegetated Wetland contained a dense shrub community of European
buckthorp, spice bush, and black alder (Table 1) .
North Shore South Shore
83 Pine Street 31 Taiaket Square
Peabody, MA 01960 East Falmouth. MA 02536
(617) 535.7861 (617) 540.9514
L911to . Environmental Consultants
March 18 , 1988 Mr. David Phillips
Table 1. Floristic characteristics
Plant species RAa FWSNWIb
tree canopy (located along periphery)
weeping willow (Salix babvlonica) 2 FACW
red maple (Acer rubrum) 2 FAC
yellow birch (Betula alleghaniensis) 1 FAC
black locust (Robinia pseudoacacia) 2 UPL
boxwood (Acer negundo) 1 FACU
tree of heaven (Ailanthus altissima) 2 UPL
staghorn sumac ( us typhina) 3 UPL
shrub community
highbush blueberry (V. corvmbosum) 2 FACW
European buckthorn (Rhamnus frangula) 3 FACU
honeysuckle (Lonicera sp. ) 2 FAC
buttonbush (Cephalanthus occidentalis) 3 OBL
glossy buckthorn (Rhamnus cathartica) 2 FAC
shadbush (Amelanchier arborea) 1 FAC
sweet pepperbush (Clethra alnifolia) 1 FACW
spice bush (Lindera benzoin) 2 FACW
arrow wood (Viburnum dentatum) 3 FAC
speckled alder ( lnus rugosa) 2 FACW
red osier dogwood (Cornus stolonifera) 1 FACW
black alder (Ilex verticillata) 2 FACW
grape (V tis sp. ) 3 FAC
bittersweet (Celastrus scandens) 2 FAC
herbaceous community
jewel weed (Impatiens capensis) 3 FACW
skunk cabbage (SVmplocarpus foetidus) 2 OBL
common dodder (Cuscuta aronovii) 1 -
cinnamon fern (Osmunda cinnamomea) 2 FACW
bentgrass (Agrostis stolonifera) 1 FACW
a Relative Abundance of plants is determined according to
the following notation: 1 = occasional ; 2 = common; 3
= dominant
b The Fish and Wildlife Service National Wetlands
Inventory (FWSNWI) groups certain plant species into 6
categories : OBL = Obligate wetland plants ; FACW =
Facu'itative Wet plants; FAC = Facultative plants ;
FACU = Facultative Upland plants; and, UPL = Upland
plants
page 2 of 3
a
L e I I t o E n v i r o n m e n t al Con s u l l a n t a
March 18 , 1988 Mr. David Phillilis
The area of fill to the southeast of the pond has produced a
unique environment for pioneer plant species. This fill most' y
logs and stumps appears to have occurred approximately 25-_•0
years ago based on the degree of decay and age of plant
material . Subsequently, opportunistic species such as sumac:,
tree of heaven, willow, and black locust have invaded th;.s
area.
Delineation of existing wetland resource areas
The boundary of the existing bordering vegetated wetland was
delineated with red and white striped surveyor ' s tape
consecutively numbered 1-30 . These flags will be located on
the Plan of Land submitted with the Notice of Intent.
If you have any further questions concerning this project,
please do not hesitate to contact us.
Sincerely,
LELITO ENVIRONMENTAL CONSULTANTS
Ff'� 0-�? C-da
Paul R. Lelito
Principal Scientist
cc: T & M Engineering
page 3 of 3
APPENDIX III
SCHEDULE FOR COMPLETION OF VARIOUS WORK ITEMS
Consent Decree - Compost Facility
Swampscott, Massachusetts
Work Description Completion Date
Asbestos testing of discarded sewer pipe surrounding March 1, 1989
the Compost Facility. (completed)
Security gate to prevent access to the Compost Completed
Storage Area. p
Removal of all metal waste, rubber, plastic waste May 30, 1989
and construction debris from the leaf compost and
sludge compost storage areas.
Install passive aeration system within the compost May 30 1989
sludge disposal area where emission of steam has y
been observed.
Install monitoring system in compost sludge disposal May 30, 1989
area consisting of three (3) ceramic cup lysimeters.
File notice of intent under the Massachusetts Wet- January 15, 1969
lands Protection Act, 6.L.C. 131, S40
Regrade site. July 1, 1989
UNITED STATES DISTRICT COURT Orr For 7;w^
DISTRICT OF MASSACHUSETTS TT
On 14111-m
UNITED STATES OF AMERICA, )
Plaintiff, )
COMMONWEALTH OF MASSACHUSETTS, ) CIVIL ACTION
Plaintiff-Intervenor, ) NO. 88-1033-S
v. )
TOWN OF SWAMPSCOTT, Massachusetts, )
a political subdivision of the )
Commonwealth of Massachusetts, )
Defendant. )
CONSENT DECREE
WHEREAS, the plaintiff, United States of America, on behalf
of the United States Environmental Protection Agency ("EPA") ,
has filed a complaint alleging that the defendant, the Town of
Swampscott, Massachusetts ("the Town") has been and is in
violation of section 301, 33 U.S.C. §1311, of the Clean Water
Act, 33 U. S. C. §§1251 et seq. (the "Act") , and the provisions of
National Pollutant Discharge Elimination System ("NPDES") permit
number MA 0101907 ("federal permit") , issued pursuant to section
402 of the Act, 33 U.S.C. §1342 ;
WHEREAS, the plaintiff-intervenor, the Commonwealth of
Massachusetts, on behalf of its Department of Environmental
Quality Engineering ("DEQE") , has filed a complaint in
intervention joining the allegations of the United States and
further alleging that the Town has been and is in violation of
section 42 of the Massachusetts Clean Waters Act, M.G.L. c. 21,
§§26 et seq. (the "Massachusetts Act") and the provisions of
I u
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permit numbered M-39 ("state permit") , issued by DEQE under the
Massachusetts Act;
WHEREAS, the Town is a political subdivision of the
Commonwealth of Massachusetts, duly organized and existing under
the laws of the Commonwealth, and owns wastewater and sewer works
systems, including but not limited to the publicly owned
treatment works (the "POTW") located on Humphrey Street in
Swampscott, Massachusetts and at least one combined sewer
overflow and outfall (the "CSO") located at New Ocean Street,
also in Swampscott, Massachusetts;
WHEREAS , the Town has retained Envirotech Operating
Services, an independent contractor, to operate certain portions
of the wastewater and sewer works system, including the POTW
located on Humphrey Street;
WHEREAS , the Town has been and is in violation of certain
provisions of the Act, the Massachusetts Act and conditions of
its state and federal discharge permits; and
WHEREAS , the parties agree, without adjudication of facts
or law, that settlement of this matter is in the public interest
and that entry of this Decree without further litigation is an
appropriate way to resolve the dispute, and the parties consent
to the entry of this Decree;
NOW, THEREFORE, it is hereby Ordered, Adjudged, and Decreed
as follows:
STATEMENT OF CLAIM
1 . The Complaints filed herein state claims upon which relief
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can be granted against the defendant pursuant to sections 301
and 309 of the Act, 33 U.S. C. §§1311 and 1319, and pursuant to
section 42 of the Massachusetts Act, M.G.L. c. 21, §42 .
JURISDICTION AND VENUE
2 . The Court has personal jurisdiction over' the parties to this
Decree. The Court also has jurisdiction over the 'subject matter
of this action pursuant to section 309 (b) of the Act, 33 U.S.C.
"^* .. §1319 (b) , and 28 U.S. C. §§1331, 1345 and 1355, and under the
doctrine of pendent jurisdiction. This District is the proper
venue for this action pursuant to 28 U.S.C. §1391 (b) and 33
U.S. C. §1319 (b) . The Town has waived all objections it might
have raised to either such jurisdiction or venue.
APPLICABILITY
3 . The provisions of this Decree shall apply to and be binding
upon the parties to this action, their officers, agents,
servants, employees, successors, assigns and all persons, firms,
and corporations acting in active concert or participation with
them related to the performance of this Decree. The Town shall
give notice and a true copy of this Decree to any of its
successors in interest no later than thirty (30) days prior to
any transfer of ownership, operation or other interest in the
POTW and/or the CSO. Simultaneously with such notice, the Town
shall notify EPA Region I, the United States Attorney for the
District of Massachusetts, DEQE and the Environmental Protection
Division of the Massachusetts Department of the Attorney General,
at the addresses specified in paragraph 16 of this Decree, of
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such succession in interest and that such notice and copy has
been given by the Town. The Town shall condition the transfer of
ownership, operation, other interest, or any contract related to
the performance of this Decree upon the successful execution of
the terms and conditions of this Decree.
DEFINITIONS
i
4 . For the purposes of this Decree, terms shall be defined as
•_follows:
Combined Sewer Overflow (11CS011) means any overflow discharge
having the potential to function, in effect, as an overflow
discharge for a combination of sewage and stormwater or
groundwater, including but not limited to the interrelationship
between Swampscott's sanitary and underdrain systems.
CSO discharge limitation means any restriction, condition,
prohibition or requirement imposed on discharges from CSO
outfalls.
Commence construction means begin on-site physical
construction work.
Complete construction means substantial completion
of the facility or project so that it is able to accept and treat
design flows.
Effluent means the discharge from the POTW owned by the
Town.
Effluent limitation means any restriction imposed on
quantities, rates, and concentrations of chemical, physical ,
biological,, and other constituents which are discharged from
the POTW.
COMPLIANCE PROGRAM AND SCHEDULES
5. The Town shall undertake the programs set forth below to
attain and thereafter maintain compliance with the secondary
treatment, combined sewer overflow, and other applicable require-
ments of the Act, the Massachusetts Act, and all applicable
-5-
state and federal regulations and permits. Under these programs,
from the date of entry of this Decree until January 1, 1994 or
June 1 , 1992 (the date set forth in paragraph 6 (r) or 6 (z) ,
whichever is applicable) , the Town shall at a minimum maintain
compliance with all interim limitations imposed by ,paragraph 11
of this Decree. At the POTW (outfall 001) , by no later than
January 1, 1994 (the date set forth in paragraph 6 (r) ) (unless
the Town eliminates the discharge from outfall 001 by connecting
to the Lynn Water and Sewer Commission wastewater treatment plant
in accord with this Decree) , the Town shall achieve and
thereafter maintain compliance with the secondary treatment
effluent limitations and other requirements imposed by the Act,
the Massachusetts Act, and regulations promulgated under either
statute, and all requirements of any discharge permits in effect
at that time and thereafter. Further, at the CSO, by no later
than the date(s) to be set for implementation ' of the CSO
abatement project(s) pursuant to paragraph 8, the Town shall
achieve and thereafter maintain compliance with all water quality
and other standards and restrictions imposed by the Act, the
Massachusetts Act, any regulations promulgated under either
statute, and all requirements of any discharge permits in effect
at that time or thereafter. All necessary planning and
construction of the secondary wastewater treatment and sludge
disposal facilities and the CSO abatement project (s) shall be
completed according to the following compliance schedules. Each
-6-
required task shall be completed by the Town on or before the
deadline specified in the following schedules.
6. In order to meet the secondary treatment requirements of the
Act, the Town shall either connect to the Lynn Water and Sewer
Commission wastewater treatment plant or upgrade its own
facilities. The Town shall decide between these alternatives by
April 1, 1989 (the date set forth in paragraph 6 (i) of this
Decree) , subject to final approval by the United States and the
Commonwealth. In making its decision, the Town shall consider
all appropriate factors, including but not limited to the Town's
duty to minimize the length of its noncompliance with the Act,
the Massachusetts Act and its state and federal discharge
permits . Regardless of whether the Town decides to connect to
the Lynn Water and Sewer Commission wastewater treatment plant
or upgrade its own facilities, it shall complete the tasks in
6 (a) through 6 (k) below.
TASK DEADLINE
a. The Town shall commence a detailed
environmental impact analysis in accor-
dance with the facilities planning scope
of work dated October 29, 1987 and with
the MEPA scope issued by the Secretary
of EOEA in MEPA No. 7164 (A-C) . August 1, 1988
b. The Town shall submit to EPA and
DEQE a letter report concerning
the screening study being carried out
in accordance with the scope of work
dated October 29, 1987. The report
shall include a listing of the final
sites and technologies that will be
assessed in detail for final
location of the secondary
treatment and sludge disposal
-7-
facilities or, alternatively,
a pump station and force main for
connection to the Lynn wastewater
treatment plant. It shall set forth the
methodology and criteria being used
for evaluating sites, all of the
information available on each of the
final sites, and the major environmental,
physical , and implementation issues that
relate to each site. The report shall
also contain a preliminary estimate of
the Town ' s flows and loads as well as the
quality of its effluent at the secondary
treatment facilities. August 5, 1988
C. The Town shall have installed and
operating a flow-proportioned composite
sampler at the POTW. September 1, 1988
d. The Town shall complete the underdrain
study in accordance with the scope of
work dated March 1, 1988 and shall
submit to EPA and DEQE the results
of the study. September 23 , 1988
e. The Town shall complete the Phase I
sewer system evaluation study report
on infiltration in accordance with the
scope of work dated March 1, 1988 and
shall submit to EPA and DEQE the
results of the study. November 18 , 1988
f. The Town shall submit to EPA and DEQE
for review and comment a draft Facilities
Plan in accordance with the scope of work
dated October 29, 1987. November 10, 1988
g. The Town shall submit to EOEA a draft
Environmental Impact Report for the
project proposed in task (f) above. November 10, 1988
h. The Town shall complete the Phase I
sewer system evaluation study report
on inflow in accordance with the
scope of work dated March 1, 1988,
and shall submit to EPA and DEQE
the results of the study. February 1, 1989
i. The Town shall choose between
construction of secondary treatment
_8_
and sludge disposal facilities and
connection to the Lynn Water and Sewer
Commission wastewater treatment plant,
subject to final approval by the'•
United States and the Commonwealth. April 1, 1989
j . The Town shall submit to EPA and DEQE
a final Facilities Plan which fulfills
the requirements of EPA and DEQE. April 1, 1989
k. The Town shall submit to EDEA a final
Environmental Impact Report and shall
make final site selection, subject to
final approval in state and federal
environmental reviews. 'April 1, 1989
Should the Town decide to upgrade its own facilities in order to
achieve and thereafter maintain compliance with the requirements
of the Act, the Massachusetts Act and all applicable regulations
and permits, it shall do so in accordance with the following
additional schedule tasks set forth below.,
1. The Town shall commence design of the
secondary treatment and sludge disposal
facilities. , ! August 1, 1989
M. The Town shall submit to EPA, DEQE and,
if applicable, the Army Corps of
Engineers final plans and specifications
for the secondary treatment and sludge
disposal facilities. :August 1, 1990
n. The Town shall advertise for bids for
the secondary treatment and sludge
facilities. November 1, 1990
o. The Town shall award the contract for
construction of the secondary
treatment and sludge disposal
facilities. March 1, 1991
p. The Town shall commence construction
of the secondary treatment and sludge
disposal facilities. April 1, 1991
-9-
q. The Town shall complete construction of
the secondary treatment and sludge
disposal facilities. October 1, 1993
r. The Town shall achieve full operation .
of its secondary treatment and sludge
disposal facilities in compliance
with the effluent limitations and other
requirements of the Act, the
Massachusetts Act, and all applicable
regulations and permits, and shall
maintain compliance thereafter. January 1, 1994
If the Town intends to connect to the Lynn Water and Sewer
Commission wastewater treatment plant, it shall complete the
following schedule tasks set forth in subparagraphs '6 (s) - 6 (z)
below. The Town shall announce its decision to^ connect to the
Lynn Water and Sewer Commission wastewater treatment plant by
April 1, 1989 (the date set forth in subparagraph 6 (i) ) . Any
decision to connect to the Lynn Water and Sewer Commission
wastewater treatment plant shall be accompanied by a written
agreement from the Lynn Water and Sewer Commission and the City
of Lynn accepting such connection. The written agreement shall
be provided to EPA and DEQE by April 1, 1989 (the date set forth
in subparagraph 6 (i) ) . In the event that the Town fails to
submit the written agreement by April 1, 1989 (the date set forth
in subparagraph 6 (i) ) , the Town shall proceed to upgrade its own
facilities to achieve secondary treatment and provide sludge
.disposal pursuant to the schedule set forth in subparagraphs 6 (1)
- 6 (r) . Failure to submit the written agreement to EPA and DEQE
by April 1, 1989 (the date set forth in subparagraph 6 (i) ) shall
-10-
not constitute a basis for extending the schedule set forth in
subparagraphs 6 (1) - 6 (r) .
S. The Town shall commence design of the
new pump station and force main for
connection to the Lynn wastewater
treatment plant. ; July 1, 1989
t. The Town shall submit to EPA, DEQE and,
if applicable, the Army Corps of Engineers
final plans and specifications for
the new pump station and force main. May 1, 1990
U. The Town shall advertise for bids for
the new pump station and force main. July 1, 1990
V. The Town shall award the contract for
construction of the new pump station
and force main. October 1, 1990
W. The Town shall commence construction
of the new pump station and force main. November 1, 1990
X. The Town shall complete construction
of the new pump station and force main. ' May:, l, 1992
y. The Town shall commence operation
of its pump station and force main. 'May '15, 1992
Z. The Town shall achieve full operation
of its pump station and force main. ,June 1, 1992
7 . The construction schedules established in subparagraphs 6 (p)
-- 6 (q) and 6 (w) -- 6 (x) above have been established to achieve
an enforceable basis for compliance by the Town with the Act, the
Massachusetts Act and all applicable regulations and permits. At
the time of lodging of this Decree, the Town has not decided
whether to construct secondary treatment and sludge disposal
facilities or connect to the Lynn Water and SewerCommission
wastewater treatment plant. Nor has the Town finally selected a
site or sites for these projects. The Town will not be able to
-11-
select such a site or sites until it has completed its
environmental impact review and facilities planning procedures.
If the Town decides to connect to the Lynn Water and Sewer
Commission wastewater treatment plant or to construct secondary
and sludge disposal facilities at a site or sites other than the
sites of the existing primary treatment and sludge composting
facilities and, at the time of site selection, ' it becomes
apparent that there are material and substantial impediments to
the completion of construction within the time periods set forth
in subparagraphs 6 (p) -- 6 (q) and 6 (w) -- 6 (x) above under
circumstances beyond the control of the Town and its consultants
and contractors, because of environmental or permitting reasons
resulting from the site or sites selected, the parties by
agreement, or any party acting singly, may petition the Court for
an extension of the time for completion of construction for a
period no longer than that necessitated by such circumstances.
No such petition may be made unless, by April 1, 1989 (the date
set forth in subparagraph 6 (k) ) , the Town notifies all parties of
any such circumstances which it believes will require an
extension of the construction schedule and the period of time by
which it proposes to extend the schedule. Unless all parties
agree, the Town shall bear the burden of proving 1) that an
extension is necessary and results from circumstances beyond the
control of the Town and its consultants and contractors because
of environmental or permitting reasons resulting from the site or
sites selected, 2) that the Town has a reasonable prospect of
-12-
overcoming the material and substantial impediments . if the
schedule is extended, 3) that, in light of those impediments, the
selected site(s) remains preferable to any alternative site(s) ,
and 4) that the time period of the extension it seeks is the
minimum reasonably necessary to accommodate the circumstances
beyond the control of the Town and its consultants. and
contractors . In the event that the Town cannot obtain a
necessary permit for a site that it has selected, it shall
promptly select another site. This paragraph should not be
construed as a limitation on paragraph 18 of this Decree.
8 . The Town shall complete the following action on or before
the specified date, as an initial step toward bringing the
combined sewer overflow into compliance with the Act and the
Massachusetts Act. Proposals and schedules submitted under this
section may, when approved by EPA and DEQE, be filed by EPA or
DEQE with the Court as a stipulation by the Town and the
plaintiffs, together with a motion that they be incorporated into
this Decree.
a. Based upon the results of the
underdrain and sewer system evaluation
studies, as well as the sewer capacity
and sewer needs evaluations, the Town
shall submit to EPA and DEQE for approval
a detailed proposal, including implementation
and construction schedules, for all CSO
abatement projects necessary to meet the
requirements of the Act, the Massachusetts '
Act, and permit discharge limitations
for the CSO. June 1, 1989
Should any information available to the Town, including the
Town' s underdrain study, sewer system evaluation study or
I u
-13-
facilities planning, indicate that more than one CSO 'is owned or
operated by the Town, Swampscott shall address the additional
. CSO(s) in the manner described in this paragraph 8 .
Upon approval by EPA and DEQE of the CSO abatement proposal,
including implementation plans and schedules, the Town shall, or
any other party may, file with the Court a motion to incorporate
into this Decree the CSO abatement projects and implementation
and construction schedules proposed therein, as approved. If, by
August 1, 1989 , the parties are unable to agree on the number of
CSOs, the nature of the CSO abatement projects and a schedule
for the implementation of the CSO abatement projects, then any
party may move the Court to order that a proposed project and/or
schedule be incorporated into' this Decree. , If the Town fails to
make any submission required under this paragraph to the
satisfaction of EPA and DEQE, then EPA or DEQE may, in addition
to seeking any other relief, submit its own proposal for CSO
abatement, including implementation and construction schedules,
to the Court for incorporation directly into this Decree. The
parties agree that the Town' s obligations to comply with the
requirements of this paragraph, the Act, the Massachusetts Act
and all applicable permits for CSO discharges are .not conditioned
on the existence of federal or state grant funding.
9 . a. Pending full operation of a new secondary treatment plant
and sludge disposal facility or full operation of the force main
and pump station for connection to the Lynn Water and Sewer Com-
mission wastewater treatment plant, the Town shall upgrade its
-14-
current sludge composting facility located off Essex Street in
Swampscott to bring it into compliance with all applicable
statutes, ordinances and regulations.
b. On or before November 1, 1988 , the Town' s hall submit to
DEQE for its review and approval plans and specifications for the
existing composting facility and plans, specifications and a
schedule for an upgrade of the facility, prepared by a
Massachusetts Registered Professional Engineer. The plans and
specifications for the upgrade of the facility shall include the
following: (1) design criteria for the area of the facility and
the size of the processing units; (2) specification of the
quantity and quality of bulking material needed for the plant;
(3) an evaluation of the present system for mixing sludge and
bulking materials and recommendations for improving that system;
(4) an evaluation of the existing aeration systems and plans and
recommendations for the improvement and maintenance of that
system; (5) an evaluation of the existing leachate collection
system and plans and recommendations for the improvement of that
system.
C. The Town shall modify the plans and schedules for the
upgrade of the facility in accordance with the requirements of
DEQE. Either party may file with the Court a motion to
incorporate into this Decree said plans and schedule as so
modified. In the event that the Town does not agreeto the
modifications of the plans and/or schedule for the upgrade of the
facility required by the DEQE, the Town may petition the Court
-15-
for a change in the plans and/or schedule as modified by DEQE.
In making this request, the Town shall have the burden of proving
that the modifications to the plans and/or schedule required by
the DEQE are impossible, . arbitrary or capricious or in excess of
DEQE ' s authority under the law.
d. On or before November 1, 1988 , the Town shall submit to
DEQE for its review and approval a revised operations and
maintenance manual . Upon approval by DEQE, the Town shall
operate the facility in compliance with said manual until the
Town operates either a new sludge disposal facility or a force
main and pump station for connection to the Lynn Water and Sewer
Commission wastewater treatment plant.
e. On or before November 1, 1988 , the Town 'shall submit to
DEQE for its review and approval an application for an Approval
of Suitability pursuant to 310 C.M.R. §32 . 00 for the sludge
currently being composted on the composting pad and the sludge
generated at the existing wastewater treatment plant. No
composted sludge may be offered for sale, distributed or used for
any beneficial purpose until the Division has issued an Approval
of Suitability. Pending full operation of either a new sludge
disposal facility or a force main and pump station for connection
to the Lynn Water and Sewer Commission wastewater treatment
plant, the Town shall operate the composting facility in
compliance with 314 C.M.R. §12 . 00 and 310 C.M.R. §32 . 00.
f. On or before December 23 , 1988, the Town shall submit to
DEQE for its review and approval plans and a schedule for the
-16-
grading and closure of the leaf composting area and the
composted sludge disposal area behind the composting facility.
These plans shall provide for (1) the removal and disposal of all
metal waste, rubber and plastic waste, construction debris and
other solid waste from the leaf composting area and the
composted sludge disposal area; (2) testing 'of the sewer pipes
stored outside the composting facility to determine whether they
contain asbestos; (3) the removal of all leaf compost, composted
sludge, sewer pipes and other solid waste stored in areas
surrounding the composting facility other than the leaf
composting area and the composted sludge disposal area; and (4)
e security measures to prevent the leaf
the addition of reasonabl
composting area, the composted sludge disposal area and other
areas surrounding the composting facility from use as an illegal
dumping site. The plan for the closure of the composted sludge
disposal area shall include plans for the addition of a
ventilation system to provide adequate aeration while the
composting process proceeds in this area, and plans for a
monitoring program to determine to what extent, if any, the
storage of composted sludge in this areE has contaminated the
groundwater. The plan for the composted sludge disposal area
shall require the Town to obtain from the Salem Conservation
Commission an order of Conditions under the Wetlands Protection
Act, M.G.L. c. 131, §40 and the regulations promulgated under the
Act and codified at 310 C.M.R. §10. 00 (the "Wetlands
Regulations") for any work that shall take place in said area and
-17-
to otherwise comply with the Wetlands Protection Act and the
Wetlands Regulations. Each plan submitted pursuant to this
paragraph shall set out a schedule for the work to be performed
under said plan. The Town shall modify the grading and closure
plans and schedules in accordance with the requirements of DEQE.
Either party may file with the Court a motion to incorporate into
this Decree the grading and closure plans and schedules as so
modified. In the event that the Town does not agree to any of
the modifications of the grading and closure plans and schedules
required by DEQE, the Town may petition the Court for a change in
the plans and/or schedules as modified by DEQE. In making this
request the Town shall have the burden of proving that the
modifications to the closure and removal plans and schedules are
arbitrary and capricious or in excess of DEQE's authority under
the law.
g. On or before December 23 , 1988 , the Town shall record in
the Essex County Registry of Deeds a notice indicating that the
area behind the facility has been used as a leaf composting area
and a composted sludge disposal area. Said notice shall be in a
form acceptable to DEQE. On or before December 31, 1988, the
Town shall provide DEQE with evidence of said recording.
FACILITATING COMPLIANCE
10. To facilitate compliance with subparagraphs 6 (j ) , (k) , (1) ,
(n) , (s) and (u) of this Decree, EPA and/or DEQE shall notify the
Town within a reasonable time after the receipt of any required
submission if the submission is unsatisfactory or incomplete or
-18-
if the submission of additional material is required. The Town
shall respond promptly to any such request for ''revised or
additional information. Moreover, when the Town must obtain EPA
or DEQE ' s approval in order to meet any compliance deadline, the
Town bears the burden of satisfying all reasonable EPA and DEQE
comments and requests for supplementation or revision so as to
ensure that the compliance deadline is met. If any required
submission by the Town under subparagraph 6 (f) , (g) , (j ) , (k) ,
(m) or (t) is not acted upon by EPA or DEQE within a reasonable
time, the Town may petition the Court to modify the schedule to
the extent the schedule is affected by the delay, but only to the
extent that the delay is not the result of the Town's failure to
respond promptly and fully to any reasonable request for revised
or additional material.
INTERIM LIMITATIONS
11. The Town shall, at a minimum, comply with interim POTW and
CSO limitations and monitoring requirements from the date of
entry of this Decree until January 1, 1994 or June 1, 1992 (the
date set forth in paragraph 6 (r) or 6 (z) , whichever is
applicable) . Except with regard to the discharge from the CSO
and flow, BOD5, TSS, settleable solids, copper, fecal coliform,
NOEL and NOAEL in the effluent from the POTW, these interim
limitations shall be identical in all respects to the POTW
effluent and CSO discharge limitations, monitoring, notice and
reporting requirements, and general conditions of the applicable
state and federal permits.
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For flow, BOD5, TSS, settleable solids, fecal coliform,
copper, NOEC and NOAEL in the effluent from the POTW, the
following interim effluent limitations and monitoring
requirements shall apply:
Effluent Monitoring
Characteristic Discharge Limitations Requirements
Average 12 Month Daily Percent Measurement Sample
Monthly (1) Running Max. Removal Frequency Type
Average (2)
BOD5 (3, 4)
150 mg/1 120 mg/1 NA NA 3x/week 24-hr
composite
TSS (3, 4)
75 mg/l 65 mg/l NA NA 3x/week 24-hr
composite
Settleable Solids
0. 1 ml/1 NA 1. 0 ml/l NA Daily grab
Fecal Coliform (8)
2001100ml NA 400/100ml NA Daily grab
Flow Monitor only Continuously Automatic
recorder
Copper (3 , 5) Monitor only Quarterly 24-hr
composite
NOAEL (6) Monitor only (See footnote 7) 24-hour
composite
NOEC (6) Monitor only (See footnote 7) 24-hour
composite
(1) Monthly averages are to be computed as the arithmetic mean
of the effluent samples collected during the month.
(2) The twelve month running average is to be computed as the
arithmetic mean of the monthly average values for the pre-
ceding twelve months ending with the month in question.
-20-
(3) Measurements of BOD5, TSS and copper of both influent
and effluent shall be made and reported. Monthly
average percent removals shall be calculated and reported.
(4) After one year from the date of entry of this Decree, the
United States or the Commonwealth may move the Court to
establish more stringent effluent limitations for BOD5 and
TSS .
(5) After one year from the date of entry of this Decree, any
party may move the Court to establish an interim effluent
limitation for copper.
(6) The Town shall conduct the toxicity testing described in
Part I .A. 5 of the applicable state and federal permits at
the intervals set forth here. After one year from the date
of entry of this Decree, any party may move the Court to
establish interim numerical limitations for toxicants.
(7) Samples are to be collected and testing performed in June,
August and September of each year, and in accordance with
the protocol established in federal NPDES permit number MA
0101907 and Massachusetts permit number M-39, issued
August 8 , 1988 .
(8) The permit effluent limitation and monitoring requirements
for fecal coliform shall not apply from October 15th to
April 1st of each year.
For the discharge from the CSO, the Town shall maintain,
utilizing best management practices, a chlorination program
starting not later than May 1st and continuing until at least
September 30th of each year. The program shall provide adequate
bacteria kill while minimizing residual chlorine. The Town shall
inspect the chlorination facility not less than once each day
during the chlorination season. The Town shall monitor the
Stacey Brook outfall daily during the chlorination season for
fecal coliform and residual chlorine. The Town shall prepare a
report on the chlorination system for each month of the
chlorination season. The chlorination system report shall be
-21-
included in the Town' s monthly report pursuant to paragraph 15,
and shall include for each day:
a. The date and time of the inspection; '
b. the estimated rate of discharge at. the Stacey Brook
outfall ;
C. the National Weather Service precipitationdata for
; r
Boston, Massachusetts, the Swampscott wastewater
treatment plant, or other location approved by
EPA/DEQE;
d. the rate of chlorine application; and
e. the results of the monitoring for fecal coliform and
residual chlorine.
If, on the basis of the daily fecal coliform and residual
chlorine monitoring at the Stacey Brook outfall, any party
believes that additional sampling or numerical CSO interim
limitations are necessary to ensure that the dual objectives of
adequate bacterial kill and residual chlorine minimization are
being achieved, that party may move the Court to order mire
frequent sampling or numerical interim limitations. From the
date of entry of this Decree, the Town shall also comply with all
CSO monitoring requirements set forth in the state and f =_deral
discharge permits in effect at that time or thereafter.
12 :1 At the POTW (outfall 001) , on and after January 1, 1994
(the date set forth in paragraph 6 (r) ) (unless the Town
eliminates the discharge from outfall 001 by connecting to the
Lynn Water and Sewer Commission wastewater treatment plait) , the
-22-
Town shall comply with the secondary treatment effluent
limitations and other requirements imposed by the Act, the
Massachusetts Act, and regulations promulgated under eit.ier
statute, and all requirements of any discharge permits in effect
at that time or thereafter. At the CSO, on and after tha date to
be set for implementation of the CSO abatement project(s)
pursuant to paragraph 8 of this Decree, the Town shall comply
with all water quality and .other standards and restrictions
imposed by the Act, the Massachusetts Act, and any regulations
promulgated under either statute, and all requirements of any
discharge permits in effect at that time or thereafter.
13 . By no later than September 1, 1988 (the date set forth in
paragraph 6 (c) ) , the Town shall conduct all composite sampling
required at the POTW by paragraphs 11 or 12 of this Decree by
utilizing a flow-proportioned composite sampler. All composite
samples taken on that date or thereafter shall, be
flow-proportioned composite samples. After one (1) year of
effluent data based upon flow-proportioned composite samples, any
party may move the Court to adjust the interim BOD5 and '.CSS
effluent limitations in the event that discrepancies between
existing sampling methodology and flow-proportioned composite
sampling warrant such an adjustment.
NOT A PERMIT
14 . This Decree is not and shall not be interpreted to be a
permit or a modification of the existing permits, issued
pursuant to section 402 of the Clean Water Act, 33 U.S .C . §1342 ,
-23-
or sectiol 43 of the Massachusetts Act, M.G.L. c. 21, §43 ; nor
shall it ` i any way relieve the Town ,of its obligation to obtain
permits ai I comply with the requirements of any applicable
discharge )ermits or with any other federal or -state law or
regulation . Any new permits or modification of existing permits
must be cc -iplied with by the Town in accordance with applicable
federal ar3 state laws and regulations.
REPORTING
15. On oT before the twenty-fifth (25th) day of each calendar
month follywing the calendar month in which this Decree is
entered, aid continuing until termination of this Decree, the
Town shall submit in writing to EPA, the United States Attorney
for the Djatrict of Massachusetts, DEQE and the Attorney General
of the Cor ❑onwealth of Massachusetts a report containing the
following information: the status and progress of projects under
this Decr( a ; the results of sampling, monitoring, testing and
evaluation set forth or referred to in paragraphs 11 and 12 of
this Decr( a ; and a statement as to compliance or noncompliance
with the r! )plicable requirements of this Decree, including the
schedules =tained in paragraphs 6, 8 and 9 and the interim or
final lim' .ations and monitoring, testing, and evaluation
requiremei .s, as applicable, in paragraphs 11 or 12 . Where there
is noncoml- ' fiance, the report shall include an explanation
of such nr )compliance and a statement of any corrective action
taken or I '.anned to be taken. The report shall also include a
projection of the work to be performed pursuant to this Decree
-24-
during the following six month period. Notification to EPA and
DEQE pursu;int to this paragraph of any anticipated delay shall
not excuse the delay.
16. All stbmissions required by this Decree to be sent by
the Town t ) EPA, the United States Attorney for the. District of
Massachuse ts, DEQE and the Attorney General of the Commonwealth
of Massach ,setts shall be made in writing to the following
addresses, respectively, unless the United States or the
Commonweal. .h notifies the Town in writing that another person has
been desig,iated to receive such report or notice:
TO THE UNI'.1ED STATES ATTORNEY
ANDREW S. . HOGELAND, ESQ.
Assistait U.S. Attorney
1107 Join W. McCormack Post Office
and Co irthouse
Boston, MA 02109
TO EPA
ANTHONY V. DEPALMA
Permit .ompliance Section (WCC-2103)
U. S. Environmental Protection Agency, Region I
J. F. Kennedy Federal Building
Boston, Massachusetts 02203
PETER W . KENYON, ESQ.
Office Df Regional Counsel (RRC-2203)
U. S . Environmental Protection Agency
J. F. Y ?nnedy Federal Building
Boston, Massachusetts 02203
TO DEOE
WILLIAM GAUGHAN, ESQ.
Divisici of Water Pollution Control
Departn >_nt of Environmental Quality Engineering
One Winter Street
Boston, MA 02108
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TO THE ATTORNEY GENERAL OF THE COMMONWEALTH
MADELYN MORRIS, ESQ.
Environmental Protection Division
Department of the Attorney General
Commonwealth of Massachusetts
One Ashburton Place
Boston, Massachusetts 02108
17 . The aforementioned reporting requirements do not relieve
the Town of its obligation to submit any other reports or
information required by the Act or the Massachusetts Act, the
regulations promulgated under each Act, respectively, or any
applicable permit.
FORCE MAJEURE
18. If the Town, or any entity controlled by the Town, including
its contractors and consultants, fails to comply with any
provision of this Decree, the Town shall notify the
United States Attorney, EPA, DEQE and the Attorney General of the
Commonwealth in writing within ten (10) days of such
noncompliance. The notice shall describe in detail (1) the
anticipated length of time the noncompliance may persist, (2) the
precise cause or causes of the noncompliance, (3) the measures
taken and to be taken by the Town to prevent or minimize the
noncompliance, and (4) the timetable by which those measures will
be implemented. The Town shall adopt all reasonable measures to
avoid or minimize any noncompliance. The Town shall also notify
the persons and entities specified above in accordance with the
requirements of this section within ten (10) days when the Town
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has reason to believe that a situation has occurred that is
likely to cause a failure to comply with any provision of this
Decree. The Town shall adopt all reasonable measures to avoid or
minimize any such noncompliance. Failure by the Town to comply
with the r-otice requirements of this paragraph shall render
paragraphE 19 and 20 void and of no effect as to the particular
incident involved, and shall constitute a waiver of the Town's
right to request an extension of time for its obligations based
on the incident.
19 . If all of the parties agree that the Town's failure to
comply with a provision of this Decree has been or will be
caused by circumstances beyond the control of the Town
and any entity controlled by the Town, including the Town's
consultants and contractors, and that the Town or any such
entity controlled by the Town could not have foreseen and
prevented such noncompliance, the parties shall stipulate in
writing tc an extension of time for the performance of the
affected requirements of this Decree, not to exceed the amount
of time lcst due to the actual unavoidable delay resulting
from such circumstances, and shall so inform the Court.
Stipulates penalties shall not be due for the number of days of
noncompliance caused by such circumstances. ,
20 . If tie parties are unable to agree whether the Town' s
failure tc comply with a provision of this Decree was caused by
circumstances beyond the control of the Town and any entity
controllec by the Town, including the Town' s consultants and
-27-
contractors, or on the number of days of noncompliance that were
caused by such circumstances, the matter may, be submitted by any
party to tie Court for resolution. If the Court then determines
that the ftiilure to comply was caused by circumstances beyond the
control of the Town and any entity controlled by the Town,
including :he Town 's consultants and contractors, and it is
determines that the Town or any entity controlled by the Town
could not 'gave foreseen and prevented such noncompliance, the
Town shall be excused as to the failure to comply for the period
of time tr = noncompliance continued due to such circumstances.
21. The Town shall bear the burden of proving by clear and
convincinc evidence (1) that the noncompliance was caused
by circumstances beyond the control of the Town' and
any entity controlled by the Town, including its contractors
and consultants ; (2) that the Town or any ,entity controlled by
the Town could not have foreseen and prevented such violation;
and (3) th-2 number of days of noncompliance that were caused
by such circumstances.
22 . Unanticipated or increased costs or expenses associated
with the implementation of actions called for by this Decree and
changed financial circumstances shall not, in any event, serve
as the bafis for changes in this Decree or extensions of time
for the performance of the actions required by this Decree.
23 . Compliance with any requirement of this Decree by itself
shall not constitute compliance with any other requirement.
An extens, :)n of one compliance date based on a particular
-28-
incident scall not necessarily result in the extension of a
subsequent compliance date or dates. The Town must make an
individual showing of proof regarding each requirement for
which an e.{tension is sought.
24 . The L' iited States and the Commonwealth of Massachusetts
reserve an/ and all legal and equitable remedies available to
enforce the provisions of this Decree and applicable law.
FUNDING
25 . Perfo.cmance of the terms of this Decree by the Town is not
conditionel on the receipt of any federal or state grant funds or
loans. In addition, performance is not excused by the lack of
any federal or state grant funds or loans.
PENALTY FOR PAST VIOLATIONS
26. The Town shall pay a civil penalty in the amount of
$27 , 000 in satisfaction of the plaintiffs ' civil penalty
claims for the Town's violation of the Act and the Massachusetts
Act as alleged in the Complaints through the date of lodging of
this DecrE. D, to be paid as follows. Within fifteen (15) days
after the late of entry of this Decree, $13 , 500 shall be tendered
to the Unj .ed States Attorney for the District of Massachusetts
in the fo2i of a certified check payable to "Treasurer of the
United St --es of America" and $13 ,500 shall be tendered to the
Attorney Ganeral of the Commonwealth in the form of a certified
check payable to "Commonwealth of Massachusetts. " In the event
of failure- to make timely payment, interest will be charged in
accordance with statutory judgment interest rates from the
-29-
time the payment is due until such payment is made.
STIPULATED PENALTIES
27. Failure by the Town to comply with any requirement in this
Decree shall obligate the Town to pay stipulated civil penalties
as follows :
a. For each day that Town is late in submitting to EPA,
the Unitec States Attorney for the District of Massachusetts,
DEQE or tPs Attorney General of the Commonwealth any submission
under paragraphs 3 , 15, or 17 of this Decree:
1st day to 30th day $100 per day
11 1
Each lay beyond the 30th day $300 per day
b. Three hundred dollars ($300) per day per violation for
each day fiat the Town is late in conducting any testing or
monitorinr . and for each violation by the Town of the general
condition: of its permits referenced in paragraphs 11 or 12 .
C. ,or each violation of the compliance schedule
set forth Ln paragraphs 6, 8 or 9 of this Decree:
1st day to 30th day $500 per day
31st to 90th day $1000 per day
Each gay beyond the 90th day $2100 per day
d. For each violation by the Town of any daily maximum
discharge Limitation set forth or referenced in paragraphs 11 or
12 :
First 3 violations in a
calen9ar month $250 per day
Subsequent violations in
a ca] _ndar month $500 per day
e. For each violation by the Town of any average weekly
discharge Limitation referenced in paragraphs 11 or 12 :
First 15 violations in a
calendar year $500 per day
-30-
Subsequent violations in
a ca] �ndar year $1, 000 per day
f. "or each violation by the Town of any average monthly
discharge .imitation set forth or referenced in paragraphs 11 or
12 :
First 3 violations in a
calerlar year $1, 000 per month
Subsc4uent violations in
a ca] >ndar year $2, 000 per month
g. three thousand dollars ($3 , 000) per violation for any
violation ,y the Town of any twelve month running average
specified in paragraph 11.
Pena] '.ies shall not be due for any violation under paragraph
12 of the ?ermit limitation on quantity of flow. Plaintiffs may
move to mclify this subparagraph in the event of changed
circumstances.
Stipulated penalties shall be paid on or before the
fifteenth (15th) day of the month following that in which the
violation ( 3) occurred. The payments shall be divided in two
equal certified checks, one payable to "Treasurer of the
United Stares of America" and tendered to the United States
Attorney f -)r the District of Massachusetts, and the other payable
to "Commor. oealth of Massachusetts" and tendered to the Attorney
General of the Commonwealth, at the addresses set forth in
paragraph 16 . Each such check shall be accompanied by a letter .
describinc the basis for each penalty. Copies of all such
letters still be mailed concurrently to EPA and DEQE.
Nothing it this paragraph shall be construed to limit the United
States or the Commonwealth in seeking any remedy or civil or
-31-
criminal penalty otherwise provided by law (1) for any
misrepresc. itation or material omission by the Town in any report
or other sibmission required by this Decree or (2) for failure to
pay stipulated penalties.
RIGHT OF ENTRY
28 . Until termination of this Decree, EPA, DEQE and their
contractor4, consultants, and attorneys, shall have the authority
to enter aiy property and/or facility covered by this Decree
at all times, upon proper presentation of credentials, for
the purposes of monitoring the progress of activities required
by this De ;ree; verifying any data or information submitted in
accordance with the terms of this Decree; obtaining any samples
or, on recaest, splits of any sample= taken by the Town or its
consultants ; and assessing the Town ' s compliance with this
Decree. 7iis provision in no way lirits or otherwise affects any
right of citry held by the United States or the Commonwealth
pursuant i_ � applicable federal or state laws, regulations, or
permits.
WITHDRAWAL OF REQUESTS FCR EVIDENTIARY
HEARING AND APPEAL TO SECR .TARY OF COMMERCE
29 . Upon entry of this Decree, the Town shall withdraw (1) its
request fc : an evidentiary hearing or the issuance of federal
NPDES permit number MA 0101907 , issued August 8, 1988 ; (2) its
claim for an adjudicatory proceeding regarding the issuance of
Massachusetts permit number M-39, issued August 8, 1988 ; and (3)
its appeal to the United States Secretary of Commerce regarding
-32-
the consistency determination made by the Massachusetts Coastal
Zone Manac ,ment Office on the Town's Clean Water Act section
301 (h) waiver application.
OBLIGATION TO COMPLY
30 . The pendency of any proc =eding concerning the issuance,
reissuance or modification of any discharge permit shall neither
affect nor- postpone the Town' duties and liabilities as set
forth her( �n. Further, notw; '-hstanding any other provisions of
this Decrca , the obligation t :) achieve and maintain complete
compliant( with the terms, pi )visions, and requirements of this
Decree, the Act, and the Mas: Achusetts Act, and applicable
regulations and permits rest: solely with the Town.
NON WFIVER PROVISION
31. By this Decree, the Unitsd States and the Commonwealth of
Massachusetts do not waive ary rights or remedies available to
them for zny violation by the Town of the Act or Massachusetts
Act and associated regulatior3 or permit conditions following
completion of the requirements of this Decree. . Further, this
Decree in no way affects the Ability of the United States or the
Commonwealth to bring an actiDn for further relief pursuant to
federal or state law for any violations not specifically
alleged it the Complaint thrcigh the date of lodging of this
Decree. This Decree in no wey affects or relieves the Town of
responsibility to comply witt any other federal, state or local
laws or regulations. This De ;ree does not limit or affect the
-33-
rights of the Town or the United States or the Commonwealth of
Massachuse .-ts as against any third parties.
Notting herein shall be construed to limit the power of the
United Sta =es or the Commonwealth, consistent with their
respective authorities, to undertake any action against any
person, i; ;luding the Town, in response to conditions which may
present an imminent and substanti .1 endangerment to the public
health, welfare or the environmen
COSTS 07SUIT
32 . The 7 .)wn, the United States ; nd the Commonwealth shall
each bear its own costs and attor: ey' s fees in this action.
PUBLIC ( OMMENT
33 . The parties agree and acknow. edge that entry of this Decree
is subject to the requirements of 28 C.F.R. §50. 7, which provides
for notice and an opportunity for public comment. The Town and
the Common ,aealth consent to the e) try of this Decree without
further notice. The United State: consents to the entry of this
Decree, subject to publication of notice thereof in ,the Federal
Register, pursuant to 28 C.F.R. §' 0. 7 and an' opportunity to
consider c -)mments thereon.
SEVERAB_' LITY
34 . The } -ovisions of this Decre shall be severable. Should
any provision be declared by a coirt of competent jurisdiction to
be inconsistent with federal or sate law, and therefore
unenforcea'Dle, the remaining prov sions of this Decree shall
remain in gull force and effect.
-34-
RETENTION OF JURISDICTION
35. The Court shall retain jurisdiction to enforce, including
contempt order, the terms and conditions of this Decree, to
make modifications necessary to effectuate compliance with the
Act, this Decree, applicable discharge permits, the Massachusetts
Act, and aiy applicable federal or state regulations, and to
solve all disputes arising hereunder as may be necessary or
appropriate for the construction or execution 'of this Decree.
TERMINATION OF DECREE
36. When the Town has paid all outstanding penalties, has
completed +11 remedial measures specified herein and has achieved
compliance with all requirements of this Decree continuously for
a period of one year, then any party may move for termination of
this Decree.
Judgment is hereby entered in accordance with the foregoing
consent decree this day of , 1988..
Dated:
United States District Judge
-35-
Consented To:
FOR THE UNITED STATES OF AMERICA:
FRANK L. McNAMARA, JR.
United States Attorney
ANDREW S . 'IOGELAND Dated
Assistant Inited States Attorney
1107 John 4. McCormack POCH
Boston, MA 02109
ROGER J. MARZULLA Dated
Assistant Attorney General
Land and Natural Resources Division
United States Department of Justice
THOMAS L. ADAMS, JR. Dated
Assistant Administrator for
Enforcement and Compliance Monitoring
United Sta :es Environmental Protection Agency ,
401 M Street, S.W.
Washington D.C. 20460
PETER W. K';NYON Dated
Assistant ;regional Counsel
U.S . Envirkmmental Protection Agency
John F. Kennedy Federal Building
Boston, MA 02203
-36-
FOR THE COMMONWEALTH OF MASSACHUSETTS:
JAMES M. S:IANNON
Attorney General
i
LEE P. BRECKENRIDGE Dated
Chief, Environmental Protection Division
Department of the Attorney General
One Ashburton Place
Boston, MA 02108
MADELYN MORRIS Dated
Assistant Attorney General
Commonwealth of Massachusetts
Environmental Protection Division
One Ashburton Place
Boston, MA 02108
FOR THE TOWN OF SWAMPSCOTT:
9AgY
HN BURKE, Chairman
Swampscott Board of Selectmen Dated
RALPH A. CHILD Dated
Palmer & Dodge
One Beacon Street
Boston, MA 02108
MEMO : January 12, 1989
to: Dick Hunt
Swampscott Dept . of Public Works
from: Erle Townsend
Subj : Notice of Intent Swampscott Dept. of Public works
Compost Area - Rear of Swampscott Cemetary
The accompanying two ( 2) coppies of the NOtice of Intent must
be signed by ;
1 . The Board of Selectmen - as Owner
2 . Don Brewer - as Representative
and dated on page 3-7 of the "Notice" form.
When they have been signed make eleven ( 11) coppies and distribute
' as follows :
1 . One ( 1) Original (signature) and four (4) coppies to;
Salem Conservation Commission
One Salem Green
Salem, MA. 01970
2 . One ( 1 ) Original (signature) and four (4) coppies to;
Swampscott Conservation Commission
Administration Building
Swampscott, MA. 01907
3 . Two (2) coppies to;
Massachusetts Department of Environmental Quality Engineer-
Metro Boston/Northeast Region DEQE
38 Commerce Way
Woburn, MA. 01801
Coppies to the Salem and Swampscott Conservation Commissions should
b, Hand Delivered and a receipt (dated) received for the record,
t e coopies to DEQE should be mailed "Certified Mail " with a
R, turn Receipt (Certified Mail forms attached)
T' e additional copy is for your file . If the Selectmen want a copy
f r their files you will. need to make additional coppies .
Form 9 DEQE File No.
(To be Drovltletl by DEQEI
1 (q,' Commonwealth clryirow
of Massachusetts Applicant
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From SALEM CONSERVATION COMMISSION Issuing Authority
i
To TO!-.17 OF S?TAMPSCOTT
Date of Issuance March 16, 1988
Property lot/parcel number,address Map 11 Lot 5, Map 11 Lot 6
Extent and type of activity:
Illegal storage of material within 100' of a wetland on land belonging to
the .City of Salem and land belonging to the Town of Swampscott within the
City of Salem limits. Some of the stored material is inappropriate material
under the regulations of the f•Ietland Protection Act, Mass. O.L. Chap 131,
Section 40.
The Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act,G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 310 CMR 10.00, because:
® Said activity has been/is being conducted without a valid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number , Condition number(s)
❑ Other(specify)
The Conservation Commission hereby orders the following:
M The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
C11 Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
Effective 11/1/87
Completed application forms and plans as required by the Act and Regulations shall be filed with the
Salem Conservation Commission on or before - (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
The property owner shall take every reasonable step to prevent further violations of the act.
Other(specify)
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: Rebecca Curran 745-9595 x311
Conservation Advisor
Issued by Salem Conservation Commission
Signature(s)J :4
(Signature of delivery person
or certified mail number)
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I� O Of SNOW FENCQ N t- ""-
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--
---- Torry cirY L//vim a
= - PPE�d,PEO FOR
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,vo � I �,
'= _ 1 I _ 70"IV OF J5 t'yQ 41, P.COTT
tes: '�: ,� � �
A F/aTE/L F46)C�/C ,,�- - - --- ---- ----- -- -- -
TYP4R' AS NFyQ 8,✓ 60770a O7OF FA6elC EMbEDDEO(TYP/C,41) I
OUPONT o,P EgU4 L. n , SNyq MPSCO T T D�.dr. DF PUf3!_/C f�'O.PKS
2 FE--NCE 70 2E.Uld/N /N e
PLACE U/17/L PE�.t-!/NdNT' �I LGNCj/NEE.P//Vr O/V/J/OAl
C7-204/7-// /S FULL;-' .40AIINi37-1,?A7-lO/V 6U/LO11vc,
3. ALL TO 8E 3TAB/L/.ZE7J % �-�z�-L.,oZ Sv ,
/N 4MP.SC0 7-7-,7-7-,
AfCO204 NCE. W177" "�O>/L.
E20s/ON aNO JE0/1,1E1VT47/O
CONTRpL P.Qx,Q4M'"4J .4PO,�c:JVED.
• SCALE — /=/Gi0"
CITY OF SALEM
CONSERVATION COMMISSION
Will give a public hearing under the Wetlands Protection Act, Mass. G.L. Chap.
131, sEction 40, at the request of Salem State College. The purpose of this hearing
is to explore the effects of the installation of a new water line, sanity sewer line,
gas, electric and telephone services and the drainage system for a proposed parking
lot, within a wetland buffer zone.
This hearing will be held on Thursday, April 14, 1988, at 7:30 p.m., One Salem
Green, Second Floor Conference Room.
John Doyle
Vice-Chairman
April 8, 1988
Form 3
-� DEQE File No.
Commonwealths (To be provided by DEQE)
l
of Massachusetts JSiVq NPJGO7T�.SAL6N
ix '4 _ CitYiTown
_ Applicant , W4.4p3c1071- 0.PAll
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Location:Street Address E53ev ffT. — SW4L/P1GoT/ �eEe4 Sw4rrPxe7T CeuerAey�
Lot NumberrhlJill 73 L67 /
J7aad"zA-rr0✓
2. Project: Type 4IC4e-4y U0 Description Deess E>413Trw4 _5*L0xa
AJVV PLANT SAlb,-Vv av Xe.?-ri vov✓ic� P"Al
3. Registry:County E336X Current Book G x132 8 Page 486
Certificate(If Registered Land)
4. Applicant Z A n 4P Q,P 'e6liL iC A/ogxg Tel. 581-7500
Address JDW#jBuri c�i-' - 5L4M�.roTT, .yd• 0/707
5. Property Owner 7o-~ajr - Jw4A.1PJT C07Tel. MI-75d0
Address dPA1zV• 6111-DIA-Icy - L )JYA.cr.�! J "Q• 6607
T
6. Representative X-1 _5=JW5- Aw.y &/.C/M65Ex Tel. SV/7 5i
CIO o&Pr. 01V J%1641C i✓o.c&:-5
JAddress 10H,' Glo
✓. 6 . SWAA4,PSC07T• M.d• -0/7-7
7. Have the Conservation Commission and the DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes XI No ❑
31
Effective 11/1/87
8. Have all obtainable permits, variances and approvals required by local by-law been obtained?
Yes 14 No ❑
Obtained: Applied For: Not Applied For:
144d . ^IA. A1141
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131 , §40A or G.L.
c. 130, §105? Yes ❑ No ter
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title, Date
�-/ MA&w/8 1968 . ALA..,- of LdNo /,/ Swa rirscaT/�SQLE,ci� �dt5��
AP�Et/di><JZ ad=III,AM WETL9�/O �✓/JLUdT/ON
1 1.Check those resource areas within which work is proposed:
(a)X Buffer Zone
(b) Inland:
❑ Bank' Land Subject to Flooding,
❑ Bordering Vegetated Wetland' ❑ Bordering.
❑ `Land.Under Water Body 8 Waterway' ❑ Isolated
(c)Coastal:
❑ Land Under the Ocean' ❑ Designated Port Area'
❑ Coastal Beach* ❑ Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal Shore' ❑ Salt Marsh'
❑ Land Under Salt Pond ❑ Land Containing Shellfish'
C Fish Run'
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for
Completing Notice of Intent.
3-2
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any) of rare, "state-listed" vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES [ ] NO [X] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [X] (if any)
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery, so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO [ ]
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y
Part II:Site Description
Indicate which of the following information has been provided Ion a plan, in narrative description or calcula-
tions)to clearly, completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Natural Features:
Soils
Vegetation
34 Topography
8"/ Open water bodies(including ponds and lakes)
3-/ Flowing water bodies(including streams and rivers)
M.14. Public and private surface water and ground Hater supplies on or within 100 feet of site
3'1 Maximum annual ground water elevations wl;h dates and location of test
3Boundaries of resource areas checked under Part I, item 1 1 above '
Other
Man-made Features:
K'4• Structures(such as buildings, piers, towers and headwalls)
N.A• Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts), dams and dikes
N d' Subsurface sewage disposal systems
3"! Underground utilities
3"! Roadways and parking areas
3-! Property boundaries, easements and rights-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided Ion a plan, in narrative description or calcula-
tions)to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I, item 1 1 above.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Plainview and Cross Section of:
�A Structures(such as buildings, piers, towers and headwalls)
NA• Drainage and flood control facilities, including culverts and open channels(with inverts),
dams and dikes
141A Subsurface sewage disposal systems& underground utilities
S"! Filling,dredging and excavating, indicating volume and composition of material
N�• Compensatory storage areas, where required in accordance with Part III, Section 10:57
• (4) of the regulations
1VA Wildlife habitat restoration or replication areas
-' Other
Point Source Discharge
,z Description of characteristics of discharge from point source (both closed and open
channel), when point of discharge falls within resource area checked under Part I, item
1 1 above, as supported by standard engineering calculations, data and plans, including
but not limited to the following:
3-4
1 . Delineation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak run-off from the drainage area, at the point of discharge, for at least the
10-year and 100-year frequency storm;
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part I, item
11 above;
4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge.
Part IV:Mitigating Measures
1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified in Part II or Part III of the regulations; or
(b) why the presumptions set forth under each resource area specified in Part II or Part III of the regula-
tions do not apply.
Coastal Resource Area Type: Identifying number or letter
C Inland of support documents
1
C Coastal Resource Area Type: Identifying number or letter
C Inland of support documents
I,
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Coastal Resource Area Type. Identifying number or letter
Inland of support documents
2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified in Part I, Section 10.02(1) (a) of these regulations; or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the
performance standards established for the adjacent resource area specified in Part II or
Part III of these regulations.
Coastal Resource Area Type Bordered By 100-Foot Discretionary Zone: Identifying number or letter
Inland 40RO&771A/1'7 V&(/T.GT6O /VrmTZ4 ./0 of support documents
M2 aao ep�e - Ansou-f-ce//ll/iw v occu,-<e. s-/
gn✓Ec� %s />o.�� ,S�io ho /.to�io rJ o� Q-OJ°ENo�r Z
Q vOEP PIX
�(/s�ii�� nJ/o{crio�- Zc3ourrc .�"m i3
do %Jo10T� 6y J;// {ence oa a/iown
On 4KoMla7ny,�7� /�i4r7. .
3-6
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Part V:Additional Information for a Department of the Army Permit
1. COE Application No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives(i.e., other locations and/or construction methods, particularly those
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 81/2" x 11" drawings in planview and cross-section,showing the resource area and the proposed activ-
ity
ctioity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal permit can be
issued.Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street,
Boston, Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted
in a manner that is consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is made a matter of public
record through issuance of a public notice.Disclosure of this information is voluntary,however,if necessary
information is not provided, the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents and ssuuppportin data are true and complete, to the best of my knowledge.
Signature of Applicant Date
=1L-t,� t Sc r-T. of P 3 -1 7—Signature of Applicant's epresentative Date
FORM 'Eac,ptlon in E`:G farm 4345 .,proved by HQUSACE. 6 May 1982"
NED 1100 (TEST)
1 MAY 8° This daaum,nt rnntuns • joint Dep.rtment of the Army and State of Muuchueetta .pphcsoon
for a permit to n1Ha,n permission to perform activities in l'nnrd State. water,. The Office
of Me n..e on r nt and Hudg,t (OMN) has .......d thou 9untions re9u ved by the US Army Corp,
of Engineers. OMH Humber 0702-0036 and ea,irsGon data of 30 September 1993 .,plies This
statement sill be at in 6 point type.
37
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LYNN QUADRANGLE
\ 7, MASSACHUSETTS
\ ; 7.5 MINUTE SERIES (TOPOGRAPHIC)
i 6a
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t. . SCALE 1:24000 MLE
It
.. N 1000 0 IOW 1000 3000 4000 5000 6000 7000 FEET
M
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\ 1
6 0 7 KILOMETER
1615 CONTOUR INTERVAL 10 FEET
296MRS1` 'I .1._19.
V 23 MILS DATUM IS MEAN SEA LEVEL ..
- --- -- '\'j DEPTH CURVES AND SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER
V S)IORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN HIGH WATER
nIE MEAN RANGE OF ODE IS APPROXIMATELY 9.2 FEET
I
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4- I o
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t . I hI d
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F6L)NCE{I-)'•='.a_�f�rrT+I_-_-___-__�_--l__--___-n-_-__-_-__�J.-__-_____-�_-_-___--�-1-l-F�b�-�cL-Yr��eP-I�-Re-OI PrIFI-y'4ILIefEI�eI-//EI-CI -II-II:-I_--_I�__I_-I__l_-�ln�ii�'�1�rlfl=lt.._�.l�l=_�-r-l_l_--_:1_!1'-_11
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�= ==S/CS/YY�!tS�'�S'COTT ° S,4LEds1; �G1,t2ss
�• P/IOPO551L7,47_10" FENCE �� _r ____.-: I O
TOrYN/C/TY -c-- --- t- IO/PEP.d/PEO FO/Q
vote s: TOPY,N OF SN.4 "PVCO1 r
/. I - - - --- ---- ----- ---- -� r- - --� A-14,eCW /8,
"7'YP4R" QS NFyR �,✓ 60770,V EO�P4 OF r",e/C EMbEDDEO(7Y0/CAL) j
OVPo/vr O'e EQC/4 L_ e , III SI-Y.4M.�'SCO T T DEPT' eF P44f5"Cf�OW, S
2 FeNce To /LEu!'4/.V /N I LI
Pc.4ce uN?/� PERe-1iNeNT L�iVC�/NEE.P//V� �J/Y/J/O.V
G1.l1urN /s 1VZL)-' 6sTArsL/ uEo. d�OM/NlsT2AT/oN Bu![o/N�
3. ALL niLOlOE5 To 6P - 7_.4e1L/ZED 1 re v,J( f � .S•",,4MPSCOTT, 0/9O7
/N ACCO/704NCe_ K'/TN ',50/L_ u �L
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Co, reoc PE'Ol eaM"4D 4Pv/'ov�U. /X 5e O Ica 2A?
7o-",Al
ZrCALE -
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APPENDIX I
SOIL EROSION AND SEDIMENTATION CONTROL PROGRAM
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MAQCN /8,l9�s
Introduction
The Soil Erosion and Sedimentation Control Plan is designed primarily
to provide specific control measures for the construction phase of
the project. However, certain portions of the Control Plan and
some of the specific structurers may and should stay in place
until the establishment of final grouth.
The general patern of construction will be the establishment of
control structurers prior to the actual construction of or the
stripping of soils prior to the construction of any of the work
contemplated herein.
In as much as these constructions will be phased so will the
Sedimentation Control Plan be phased in it's implimentation.
General Principles
The following is a summary of the general principles which are to
be incorporated in the $0'.1 Erosion and Sedimentation Control Plan.
1. Construction of required control structurers
(see attached details)
2. Stripping of vegetative cover and excavation of
excess materials. (see attached Site Plans)
3. Where ever feasible, natural vegeta".ve cover
shall be retained and protected. {
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4. The extent of the disturbed area sh, '.1 be kept to
a minimum , limits to be as shown o; the plans or
as defined by the Conservation Comm: :sion,
5. Temporary seeding, mulching, or other approved
methods of stabilization shall be employed, to
protect critical exposed areas, during prolonged
periods of construction.
5. Water runoff shall be contained, as -+uch as practical,
within the confines of the construe .on area, and
controled at other times to facilit, :e ground water
recharge.
7
7. All sediment is to be retained on t] site as much
as practicable.
Construction Sequence
The following construction sequence is recommended to minimize
potential sediment losses -md to pr, vent the siltation of wetlands,
brooks, streams and drainage structurers ( existing and/or new) .
At no time will excessively large areas be allowed to be disturbed.
All control measurers and structurers are shown in the Soil
Erosion and Sedimentation Control Plan.
{
Construction Sequence (Cont.)
Construct siltation fences) at the ase of all slopes
indicated to be protected. The fence 3) shall extend
to the limits indicated on the plans
Strip and stock pile all top siols,a directed,
from areas as indicated to be stripp t on the
Site Plan.
Excavate and grade areas indicated o the Site Plan
to approximate sub grade levels.
Construct finish surface(s) as indic ted on the Site Plan
and immediately seed and / or protec all areas
by temporary vegetation or permanent )lanting.
Stabilize all cut and/or fill slopes 'mmediately
after seeding to curtail erosion whi. plantings
become established.
A. Straw Mulch ( 70-90 lbs. per. :quare yard)
B. Jute mesh (see detail)
C. Wood chips ( 275 lbs. per 100c square feet)
Runoff from all areas where velocity xceeds three
(3) f.p.s. shall be directed to suita le stabolized
areas and/or silt control areas.
Upon completion of construction, and earlier as req ired, silt
and sediment, that has been trapped in control devi es, shall
be removed and disposed of in an appro"d manor and in an approved
location. All control structures shall be inspecte weekly and
after all storm occurances and cleaned and repaired as directed
or required.
Description of Sediment Control Structure
Siltation Fence
All flow from the construction areas will flow nate ally to the low
(wetland) areas of the site. At these low areas the flow will be
intercepted by the siltation fence which consists c standard
mfgr. «snow fencing" covered, on the up stream side with the
polypropylene filter fabric ( fabric has minute opc i.ngs which
permit the passage of water but contain the silts � d sediments) .
Planting
Planting will be used on all exposed areas as both temporary
and a perminant erosion control method. (see Tables t & II)
TABLE I
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Seeding for Temporary Cover
SPECIES SEEDING RATS RECOMENDED
(lbs. per.) SEEDING DATES
1000 s.£. Acre
Annual Ryegrass 1 40 Mar, 1 to June 30
Aug.15 to Sept.15
Sudangrass 1 40 May 15 to Aur. 15
I
Millet 1 30 June 1 to Aug. 1
Winter Rye 3 120 Aug. 15 to Oct. 15
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TABLE II
Seeding for Perminant Cover
Permissible Velocity (1)
SLOPE Erosion Easily
SPECIES RANGE Resistant
Eroded
(percent) Soils Soi;s
(velocities in f.p.s.)
Reed canarygrass 0 - 5 7 5
Tall fescue 5 - 10 6 4
Kentucky bluegrass over SO 5 3
Grass-legume mixt.(2)0 - 5 5 4 j
5 - 10 4 3 l'
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Red fescue 0 - 5 (3) 3.5 2.5
Redtop
I'.
Annuals (4)s 0 - 5 3.5 2.5
Small grain
(rye,oats,barley)
Ryegrass
IIS
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(1)Velocities may exceed five (5) feet per second (f.p.s. ) only
where Yegat$tove cover is well established and proper maintenance
can be obtained.
(2)Do not use on slopes over 10 percent.
(3)Do not use on slopes over 5 Percent.
(4)Annuals are to be used as temporary protection until permanent
covers are established
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APPENDIX II
Lelito Environmental Consultants
WETLAND EVALUATION
March 18, 1988
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Lellto Environmental Consultants
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Wildlife Biologists
Wetland Scientists �!
Complete Environmental Permitting Process
March 18, 1988
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Mr. David Phillips
Chairman
Department of Public Works
Swampscott, MA 01907
li
RE: Essex Street [ LEC File No. 1147-01 ]
i
Dear Mr. Phillips:
At the request of the Swampscott Tovn Engineer, Mr. Robert J.
Sotiros, LEC conducted a site assessment at the composting site I
located off Essex Street on the Swampscott/Salem town line.
The following observations describe the existing protectable
resource areas and their plant community composition.
i;
Summary
The existing wetland ecosystem consists of a freshwater pond
and associated Bordering Vegetated Wetland. The resource area
determinations were made consistent with the procedures
outlined in MGL Chapter 131 section 40 under the Regulations
promulgated at 310 CMR 10. 04 and 10. 55 (Pond and Bordering
Vegetated wetland, respectively) .
Wetland A was formerly contiguous to Thompson' s Meadow and
connected by surface hydrology. This wetland became vegeta-
tively separated from Thompson ' s Meadow during the construction
of the Boston and Maine Railroad. The standing water is of
sufficient volume and duration under 310 CMR 10 . 04 to be
classified as a pond. The vegetation associated with the pond
was dominated by button bush, an aquatic shrub. The Bordering
Vegetated Wetland contained a dense shrub community of European
• buckthorp, spice bush, and black alder (Table 1) .
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North Shore South Shore
83 Pine Street 31 Tataket Square
Peabody, MA 01960 East Falmouth, MA 02536
(617)535.7861 (617)540.9514
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L e I I t o E n v I r o n m e n t a I C o n s u l t a n t s
March 18, 1988 Mr. David Phillips
Table 1. Floristic characteristics
Plant species RAa FWSNWIb
tree canopy (located along periphery)
weeping willow (Salix babvlonica) 2 FACW
red maple (Acer rubrum) 2 FAC
yellow birch (Betula alleahaniensis) 1 FAC
black locust (Robinia pseudoacacia) 2 UPL
boxwood (Acer negundo) 1 FACU
tree of heaven (Ailanthus altissima) 2 UPL
staghorn sumac (Rhus tvphina) 3 UPL
shrub community
highbush blueberry (V. corvmbosum) 2 FACW
European buckthorn (Rhamnus franaula) 3 FACU
honeysuckle (Lonicera sp. ) 2 FAC
buttonbush (Cephalanthus occidentalis) 3 "OBL
glossy buckthorn (Rhamnus cathartica) 2 FAC
shadbush (Amelanchier arborea) 1 FAC
sweet pepperbush (Clethra alnifolia) 1 FACW
spice bush (Lindera benzoin) 2 FACW
arrow wood (Viburnum dentatum) 3 FAC
speckled alder ( lnus ruaosa) 2 FACW
red osier dogwood (Cornus stolonifera) 1 FACW
black alder (Ilex verticillata) 2 FACW
grape (Vitis sp. ) 3 FAC
bittersweet (Celastrus scandens) 2 FAC
herbaceous community
jewel weed (Impatiens capensis) 3 FACW
skunk cabbage (Svmplocarpus foetidus) 2 OBL
common dodder (Cuscuta gronovii) 1 -
cinnamon fern (Osmunda cinnamomea) 2 FACW
bentgrass (Aarostis stolonifera) 1 FACW
a Relative Abundance of plants is determined according to
the following notation: 1 = occasional; 2 = common; 3
= dominant
b The Fish and Wildlife Service National Wetlands
Inventory (FWSNWI) groups certain plant species into 6
categories: OBL = Obligate wetland plants; FACW =
Facilitative Wet plants; FAC = Facultative plants;
FACU = Facultative Upland plants; and, UPL = Upland
plants
page 2 of 3
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L e I I t o E n v i r o n m e n t a l C o n s u l t a n t s
March 18, 1988 Mr. David Phillips
The area of fill to the southeast of the pond has produced a
unique environment for pioneer plant species. This fill mostly
logs and stumps appears to have occurred approximately 25-30
years ago based on the degree of decay and age of plant
material. Subsequently, opportunistic species such as sumac,
tree of heaven, willow, and black locust have invaded this
area.
Delineation of existing wetland resource areas
The boundary of the existing bordering vegetated wetland was
delineated with red and white striped surveyor' s tape
consecutively numbered 1-30. These flags will be located on
the Plan of Land submitted with the Notice of Intent.
If you have any further questions concerning this project,
please do not hesitate to contact us.
Sincerely,
LELITO ENVIRONMENTAL CONSULTANTS
L/ •Lcc/� � `o�e`'�f/'�
Paul R. Lelito
Principal Scientist
cc: T & M Engineering
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page 3 of 3
Ramon
I
��iiid [I[-Morbleheods�h
conservation
March 29, 1988 commission
James Zieff
33 Bedford St.
Suite 12/114
Lexington, Ma.02173
Dear Mr. Zieff:
I received your letter concerning the Town of Swampscott's sludge treatment
facility. I visited the site in the company of representatives of the Salem
and Swampscott Conservation Commissions prior to receiving your letter.
We were all concerned at the intrusion into the pond area and I have no doubt
that the Swampscott and Salem Conservation Commissions will deal very quickly
and effectively with that problem at their hearing.
I would hasten to commend the Town of Swampscott on their initiative in the
treatment of their sewage and their environmentally sound recovery practice
in treating the sludge while reclaiming wood chips and leaves. As you know, the
problems that we are currently facing in getting rid of our waste products
are becoming more and more complex and more and more costly. The Town of
Swampscott is, in fact, to be congratulated on their foresight. I only wish
our- Town had been so perceptive.
On the matter of insignificant odor, I cannot believe that you have undertaken
a project of such magnitude with the help of the Planning Department in the
city of Salem and were not aware of the sludge recovery facility or of the
stone quarry. Perhaps the most environmentally sound decision would be to scale
down your plans in order to provide the greater good for all of the
communities involved.
I thank you for your concern and assure you that the quality of the water
in Thompson's meadow is being monitored constantly and is of great concern to
us. To date, we do not find any significant changes in that quality.
Sincerely,
7
Rosemary CollinlJs, Chairman
Marblehead Conservation Committee
cc: Philip Moran, Salem Conservation Commission
Sally Engles, Swampscott Conservation Committee
Dana Snow, Marblehead Water and Sewer Department
Wayne Attridge, Board of Health
10 school st morblehead, massachusetts 01945
W l,ilr Xott'n u1 'Sfimmpecntt
[nampscatt, 4'TixssnchuIII ts 01907
March 25 , 1988
There will be a joint meeting of the Swampscott and
Salem conservation Commissions on Tuesday , April 5 , 1988 , at 7 : 30
P .M . in the second floor conference room at One Salem Gffeen ,
Salem .
,
(nv,� MAR 2 ..:; 11988
. .. C9i$LG.Y� tlL�oSlilGuuYYL �g'f�j.
Pn ntetl on 100% Reryclnd Paper ,
i� Zile 'to(nn of 4fnnmpamtf
' = �Inrt�erb�ttinn �' amntission
o�fuxmpacntY, ala eenrhua�d is 01907
LEGAL NOTICE
SWAMPSCOTT CONSERVATION COMMISSION
WETLAND PROTECTION ACT HEARING
The Swampscott and Salem Conservation Commissions
will hold a joint public hearing under G . L .Chap . 131, sec . 40
on Tuesday , April 5 , 1988 , at 7 : 30 P,M., in the second floor
conference room at One Salem Green , Salem, on the Notice
of Intent of Public Works Department of Swampscott to clean
up and stabilize area off Essex St . , Swampscott , at rear of
Swampscott Cemetery .
Plans are on file for public inspection in the
Swampscott Town Clerk ' s office and the Salem Conservation
office .
Swampscott Conservation Commission
Printed on IOC% Recycled Paper
L e 11 t o E n v I r o n m e n It a I C o n s u l t a n t s
Ij
Wildlife Biologists j
Welland Scientists
l
Complete Environmental Permitting Process tl
March 18, 1988
I
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Mr. David Phillips
Chairman
Department of Public Works
Swampscott, MA 01907
�I
RE: Essex Street [ LEC File No. 1147-01 ]
Dear Mr. Phillips:
I I
At the request of the Swampscott Town Engineer, Mr. Robert J.
Sotiros, LEC conducted a site assessment at the composting site
located off Essex Street on the Swampscott/Salem town line.
The following observations describe the existing protectable
resource areas and their plant community composition.
Summary
The existing wetland ecosystem consists of a freshwater pond
and associated Bordering Vegetated Wetland. The resource area
determinations were made consistent with the procedures
outlined in MGL Chapter 131 section 40 under the Regulations
promulgated at 310 CMR 10. 04 and 10. 55 (Pond and Bordering
Vegetated Wetland, respectively) .
Wetland A was formerly contiguous to Thompson' s Meadow and
connected by surface hydrology. This wetland became vegeta-
tively separated from Thompson ' s Meadow during the construction
of the Boston and Maine Railroad. The standing water is of
sufficient volume and duration under 310 CMR 10 . 04 to be
classified as a pond. The vegetation associated with the pond
was dominated by button bush, an aquatic shrub. The Bordering
Vegetated Wetland contained a dense shrub community of European
buckthorp, spice bush, and black alder (Table 1) .
d,
1
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North Shore South Shore .;
83 Pine Street 31 Tataket Square
Peabody, MA 01960 East Falmouth, MA 02536
(617) 535.7861 (617) 540.9514 j
ii
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L e 1 1 t o E n v I r o n m e n t a I C o n s u l t a n t s
I
March 18, 1988 Mr. David Phillips
Table 1. Floristic characteristics
Plant species RAa FWSNWIb
tree canopy (located along periphery)
weeping willow (Salix babylonica) 2 FACW
red maple (Acer rubrum) 2 FAC
yellow birch (Betula alleahaniensis) 1 FAC
black locust (Robinia pseudoacacia) 2 UPL
boxwood (Acer negundo) 1 FACU
tree of heaven (Ailanthus altissima) 2 UPL
staghorn sumac (Rhus tvphina) 3 UPL
shrub community
highbush blueberry (V. corvmbosum) 2 FACW
European buckthorn (Rhamnus frangula) 3 FACU
honeysuckle (Lonicera sp. ) 2 FAC
buttonbush (Cephalanthus occidentalis) 3 -OBL
glossy buckthorn (Rhamnus cathartica) 2 FAC
shadbush (Amelanchier arborea) 1 FAC
sweet pepperbush (Clethra alnifolia) 1 FACW
spice bush (Lindera benzoin) 2 FACW
arrow wood (Viburnum dentatum) 3 FAC
speckled alder (Alnus ruaosa) 2 FACW
red osier dogwood (Cornus stolonifera) 1 FACW
black alder (Ilex verticillata) 2 FACW
grape (Vitis sp. ) 3 FAC
bittersweet (Celastrus scandens) 2 FAC
herbaceous community
jewel weed (Impatiens capensis) 3 FACW
skunk cabbage (Symplocarpus foetidus) 2 OBL
common dodder (Cuscuta gronovii) 1 -
cinnamon fern (Osmunda cinnamomea) 2 FACW
bentgrass (Agrostis stolonifera) 1 FACW
a Relative Abundance of plants is determined according to
the following notation: 1 = occasional; 2 = common; 3
= dominant
b The Fish and Wildlife Service National Wetlands
Inventory (FWSNWI) groups certain plant species into 6
categories: OBL = Obligate wetland plants; FACW =
Fac�ritative Wet plants; FAC = Facultative plants;
FACU = Facultative Upland plants; and, UPL = Upland
plants
page 2 of 3
L e 1 I t o E n v I r o n m e n t a I C o n s u l t a n t s
March 18, 1988 Mr. David Phillips
The area of fill to the southeast of the pond has produced a
unique environment for pioneer plant species. This fill mostly
logs and stumps appears to have occurred approximately 25-30
years ago based on the degree of decay and age of plant
material. Subsequently, opportunistic species such as sumac,
tree of heaven, willow, and black locust have invaded this
area.
Delineation of existing wetland resource areas
The boundary of the existing bordering vegetated wetland was
delineated with red and white striped surveyor' s tape
consecutively numbered 1-30. These flags will be located on
the Plan of Land submitted with the Notice of Intent.
If you have any further ,questions concerning this project,
please do not hesitate to contact us.
Sincerely,
LELITO ENVIRONMENTAL CONSULTANTS
Paul R. Lelito
Principal Scientist
cc: T & M Engineering
�I
page 3 of 3
Vinnin Associates Realty Trust Real Estate Development
890-6466
March 17, 1988
Mr. Gerard Kavanaugh
MAR ? 1 1988
City Planner
One Salem Green
Salem, MA 01970
RE: TOWN OF SWAMPSCOTT COMPOST PILE
Dear Gerry,
For your reading pleasure attached you will find a compilation of
the articles regarding the above that have appeared in the press.
Please call if you have any questions.
S.7ts,
even N. Zieff
SNZ/eg
enclosures
33 Bedford Street, Suite 12/114, Lexington, Massachusetts 02173
cc
�`�'O ! d3C sewwry,s,,sea awsmpaooa lt.pertar vw.„
Salem developer not happy
with his next-door neighbor
By Lynn Sears mitted to a large investment." he hind the cemetery speeifidally be-
James Ziff, the developer of the said,adding the first units,located cause there is no housing In the im- -
Salem housing complex being built at the end of the development farth• mediate area.The operation saves
near Swampscott's smelly compost est away from the compost pad,will the town a great deal of money be
nne•ati m.appealed to the Board of be ready for occupancy in June. cause sludge doesn't have to be in-
Public Works Thursday night for 'That information should have cinerated,he added.
help. showed up on your environmental "It's the first compost operation
What can be dobe to help me impact statement,"said Kelly. In the state.and we're kind of proud
out?" he asked. -It didn't,"Ziff replied. of it"he said.
'-Nothing." replied BPW Chair- Since the odor problem is at its Phillips said measures could be
man David Phillips. "It (the de- worst when the compost is turned taken to help out a bit-chemicals
velopment) is 400 feel directly east, .over, Ziff asked if the Department to mask the odor and rows of ever-
and the prevailing wind is from the of Public Works employees could greens of graduated sizes to some-
west.
omewest. There will be odors, some- cooperate by working the compost what disperse the odor— but no-
times severe odors." heap when the wind is blowing in thing can be done to really solve the
"We get complaints from as far the direction of Lynn Sand and odor problem.
away as Eastman Avenue,which is Stone, not the housing develop- Odor problems will increase if the
considerably farther away, 1,000 ment. town goes to secondary treatment,.
feet,"added board member Daniel Kelly said that would be impossi• because about 75 percent more
Kelly. "The best we;can suggest is ble because the compost operation, sludge will be generated,he said.
to put in a good air-cdnditioningsys• which is made possible through a How about moving the compost
tem and windows lhipt don't open." state permit.Is subject to stringent operation to nearby property at
The compost heap to question Is regulations. Lynn Sand and Stone on Danvers
not of the garden ariety, but an Regulations aside,Phillips said, final
that changes the town's the suggestion just Isn't practical. ',ilon
sewage slydge into compost. "We can't assign an employee to
The board ear9y this year go up there and wait until the wind
directted Superintendent of Public changes. Seventy-five percent of
Works R. James Sotiros to write a the time the wind D blowing In that
letter to Salem Mayor Anthony Sal- direction(toward the housing),'he
votelling him about just what was said
going to lie next door to this Salem In the summertime,the problem
devol:pment.
will be-the worst,he said.
Salvo referred the letter to the -My prediction Is that atter all
city planner's ofp�e, and Sotiros the units are sold,-we'U get a call
said he got not reply in writing nor from Ton Salvo saying. Can't you
any luck trying to phone that office do some(hing about the compost,'
to set up a meeting. We'll say,'We were heretirst,'and
Ziffsaidhehad noideahis project be'llsay."rheseare people,const-
wasright next doortosuch asludge tuents, we're talking about' The
composting operation until he read battle lines are drawn," Phillips
about it in the paper (Reporter, said
Jon. 28) ..When the coht ymposting operation .
By that finis welwere consider- started and I was com• said,the boar picked Piedean gNe o. site be
ably along the way,, y
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*'UAtty EVFNING ITEM, Lynn, Mass., Thursday, February 25, 1988
Salem says steaming
compost heap smells
SWAMPSCOTT — Town of. said all the required public hearings
ficial:a have huddled with Salem regarding the composting pro-
licaith Officer Robert Blenkhorn cedures were held.
r n n c ei r n i n g t h e alleged He said the Board of Health
odoriferous" town-maintained initially issued a temporary permit
composting of sewage sludge at a with 21 conditions attached, among
prepared site at the rear of Swamp• which were daily- temperature
Scott Cemetery, next to the Salem probes of the compost and the use
line. of oxygen blowers.
The Salem official requested the The compost, said Murphy, is
meeting, saying he'd received a piled on a bed of wood chips atop a
complaint about the odor allegedly series of four-inch perforated pipes,
coming ifrom the compost trucked in all of which are connected to the -
from the local primary treatment - blowers and timers. The mound is
plant. covered with other wood chips.
Swampscott Health.Agent Kent Murphy said there have always
Murphy, Superintendent of Public been "good high readings" of tem
works and Town Engineer R.James peratures, which range from 160 to
Souros and Chairman Robert E. 180 degrees, hot enough to kill any
Perry of the selectmen conferred bacteria, according to the local
with-the Salem official. health agent.
Though the source of the com- After 21 days, the pile is tested
plaint was not disclosed by the for bacteria, then it is broken down
Blenkhorn, some believe it ori•. and placed in another pile for 30 -
ginatedwith the developer of a days. Following this step, a "good
•condominium complex under con- soil conditioner" results, said
^ struction in Salem, which is right Murphy.
next to•the site. Murphy said that the E & A
Nlurphy•said Blenkhorn was in- Consulting firm had worked with
vrted lot inspect the composting sitelocal officials In the early years of
in company with local officials. maintaining the composting.
Murphy said there was no odor Murphy said that as a result of
detected outside the fenced in, hot- the joint lunvestigation of the com-
topped site. He said officials stood plaint, "the worst that can be said
between the fence and the construe- is that there is a slight musty odor."
tion site. Murphy said the state Depart+' - -
The Salem official complained ment of Environmental Quality En-
that the large compost heap was gineering has run. "busloads" of
steaming, but was told by local officials from other areas to the site
officials that this is what is sup- over the years to view what officials
nosed to happen. consider to be a model composting
Murphy, who said he `offered arrangement.
So1rm an open invitation to inspect Murphy told the Salem official
!tic-sitctat any time in company with there is no runoff from the site,
!oral officials, said the site was set since its drainage is connected to
aside in the late 1970s. The Board of the town's drainage system.
Public i Works applied for per. Both the town andresidents use
mission to maintain such a site and the compost, the town for Its ceme-
the Roard of Health agreed to regu• tery, parks and playgrounds,among
other things, and residents for land-
Murphy said there are strict scapmg tieir yards ---"- - -- -- -
procedures regarding the main. "IL's proved to be a good soil
'^cnance'iof•the composting site. He conditioner," said
t �
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Composting battle` escalates
Murphy says odors not a problem
By Lynn Sears Public Works to say said he knew er. At the time. Swampscott in-
Salem Health Agent Robert nothing about the composting op- cinerated Its sludge.
Blenkhorn has written to the state eration until he read about It In a "The more the board read abut
Department of Environmental January Reporterstory. the Information, the more in-
Qualtty Engineering (DEQE) to He asked the board to either terested they got,"Murphy said,so
rindout ireverything's in order with move the operation or to agree to Interested that he and two Board of
permits Swampscott has received have DPW employees only work the Health members traveled to
to run its sludge composting pad. piles when the wind is blowing in the Durham,N.H.,for a first-hand look
"µ'here are these approvals from direction opposite his development. athow such composting works.
the DFQE"' Blenkhorn asked. Board members told him that the „We were satislled It probably
The question in my mind is what operation would be a hard one to could be done,' said.Huston was
notification was given to the abut• move,and that it would be Imprac- asked to put In writing.whathia de•
ters, the city of Salem." tical to make employees wait to partment planned to do.
Located behind the cemetery work the pile until the direction of They had anenglneerdesign the
near the Salem line, the operation the wind had changed. concrete pad and drainage system
has b,en composting sludge for the They also said they had been re• in a fenced-in area,"Murphy said.
last cight years. peatedly trying to get in touch with A pile of wood chips was the base
Blenkhorn said he recently vi- Salem officials to warn them that for the pile, about a foot thick.
sited Suampscott'scompostingop- housing was going up near the com- Among the wood chips was placed a
eration because or an "anonymous Post heap. four-inch perforated pipe, con-
complaint' about odors his depart- Swampscott Health Agent Kent netted to a blower with a timer.
ment received. He speculates the Murphy said the Salem health The sludge Is dewatered at the
complaint came from a dweller of a agent called him last week after his treatment plant, then taken by
high rise development nearby or visit to the compost pad. truck to the composting pad to be
from people concerned with new "He saw steaming piles and used dumped upon a bed of chips. More
construction taking place in Salem the term 'obnoxious odors,' I tried wood chips are added, then mixed
near the compost operation. to explain to him what It's all ab- and fluffed with payloader to pro-
'We saw standing puddles, and out," Murphy said. He also sug- duce a ratio of three parts wood
there was no rain. We wondered gested that,as a common courtesy, chips and one part dewatered
what would happen if we had a Blenkhorn should have called him, sludge.
downpour," he said, referring to and he would have accompanied Then the material is placed on the
the impact oftheoperation onnear- him on his compost inspection to ex• bed of woodchips with the pipes in
by Thompson Meadows wetlands. plain the operation
it.Other loads are gradually added
Superintendent of Public Works After Murphy completed his call to the pile, Murphy said, as fre-
e. James Sotiros said he has been with Blenkhorn, he picked up the quently as,possible, so that the
notified that Salem has asked the phone again and called Sotiros. matterial always remains fresh.
DEQE to investigate the operation. Then Murphy, Sotiros and Select- The chips that cover the pile pro-
We have followed all theregula• man Chairman Robert Perry went vide alayer ofheatmore than sufn-
tions the DEQE had set up at the down to the operation to check it clently high enough to kill the
time we begao'oMrations,"hesaid. over. - pathogenic bacteria in the sludge,
In feet, the DEQE has taken bus- --We could detect a very slight, he said.
!cads of people to view the opera- musty odor," Murphy said. "We At the end of 21 days and numer-
t ion as a model of what can be found there was no cause for com• out temperature probes,the pile is
done." plaint• broken down and put Into one big
As for ihestanding puddles,Sotir• Then,Murphysald,cailedBlenk• air- roof mound for another 30
os said they were probably caused horn back and'"walked him days.
by melting snow. Arough"the operation.Right from y
Located behind the cemetery just the beginning. Another sample Is taken, and
this side of the Salem line,the com• Composting history then the material is used to condi•
posting operation has been churn- Murphy remembers how skeptic- tion soil.
ing out seven tons of dewatered al the Board of Health was when "The material is used on side-
sludge a week since the late '70s. then Superintendent of Public walks,in parks and on playgrounds
Early this month,a developer ofa Works Donald Huston brought in as a conditioner all over town,"he
Salem housing complex that begins literature about such operations In said,
+oo feet from the compost opera- other states that yield sludge pure In the early days of operation,
t ions, appeared before the Board of enough to be used.as soil condition- Continued on Page tl
Composting operation. . _ . ------
Continued from Page 12 -Fr omlhenon it'sworked well,
"
Murphy said, things -were not al- Murphy said
'ways rosy." Until now.
-There were horrible odors," he Murphy, turning his attention of
'saidthe housing that will soon abut the .
The town contacted a Mas- composting operation, wondered
� ;✓ sachusettsconsultant Dr.Elliot Ep• why the environmental impact
,,- stein. an expert in the composting statement done on the Salem prop-
" I'tx field. who determined the odors erty made no mention of what lies
occurred because the sludge was across the line In Swampscott-
stored in a large, steel tank at the We had nothing to do with the per-
treatment plant and only shipped mics.We had nothing to do with de-
coawe,korsotcthec lrpositmg. ciriing whether condos should be
U f operation. built there or not,"he said.
"re had gone septic from sitting
there so long," Murphy said. Murphy said he sees no reason to
The problem was solved by truck- move the town's sludge composting
ing the sludge daily to the pad operation.
e
DAILY EVENING ITEM, Lynn, Mass., Friday, March 1.1, 1488 — 11
SWAMPSCOTT
AIM received
a orn said his department
received an anonymous complaint
State about odors allegedly emanating
from the compost,which is situated
close'to a high-rise development
just over the line in Salem.
The town has been composting
checks the sludge since 1980, and the facil-
ity, according to Swampscott of-
ficials, has been observed by a
number of officials from other com-
C®m p®s f occasions
ccai escorted to the site on
occasionn s by the DEQE.
Among other things, Blenkhorn
said he and others are concerned
After meeting with officials about the drainage of the compost-
from the state Department of En- ing and what effect it could have on
vironmental Quality Engineering nearby wetlands.
(DEQE) this week, officials must Sotims insists Swampscott has
now await a decision regarding the adhered to all the regulations the
town's procedures at the compost- DEQE had established at the time
ing site at the rear of the Swamp- the operation began.
scott Cemetery. The developer of the high-rise
Town Engineer and Super- in Salem had informed local of-
intendent of Public Works R.James ficials he knew nothing about the
met at the site with the composting until he read about in
EQE and Conservation Com- the newspaper.
MISSTOK members from Swamp- He asked the Board of Public
scott, Marblehead and Salem. The Works to have employees work on
site is within several hundred feet of the composting only when the wind
the town line. is blowing away from his develop-
Sotiros said state officials sur- ment.
veyed the compost pad, its prox. Local:officials -said the com-
imity to the town line and asked posting would be difficult to re-
local officials a number of questions locate and it would be impractical
about the composting, according to to make employees wait for a wind
Sotiros. direction change before working on
They observed how the compost the compost.
is mixed and acquainted themselves Local officials also said they
with other procedural features, in. had repeatedly attempted to contact
eluding the pumping and draining of Salem officials to inform them the
the heap. development was being built close
Salem Health Agent Robert to the town's composting facility.
Blenkhorn had written to the Local officials, including
DEQE, requesting that state of- Health Officer Kent Murphy,Chair-
ficials make sure the town's per- man Robert E. 'Perry of the
mits for composting were in order. selectmen and Sotiros, said that
The composting involves the while checking the composting re-
use of sludge, which is trucked from cently, they could only detect a
the town's primary waste treatment "slight musty odor — no cause for
plant to the site. a complaint."
SWAMPSCOTT REPORT
Vol.30,No.34 3 sections, 144 Pages Thursday, March 17, 1988 A North Shore Weeklies publication 35e
i
Town's composting under fire
Developer alleges
operation is illegal
By Lynn Sears Agent Kent Murphy said. "All he
Town officials all have strong knows about is it's a good place to
words in reaction to a letter de- make a buck." .
veloper James Zieff sent to the "Everything in the letter is com-
state Department of Environmen- pletely erroneous,"Board of Public
tal Quality Engineering (DEQE) Works member Daniel Kelly said.
that attempts to shut down the Zieff, a trustee of Vinnin Associ-
town's sludge composting opera- atest Realty Trust, which carries a
tion. Lexington address on its letterhead
Zieff has requested the state to —'is building a housing develop-
"proceed with all necessary haste ment in Salem, 88 feet from the
to stop this illegal operation and Swampscott line and 400 feet from
correct this injustice." the town's eight-year-old sludge
"It's a bunch of hogwash," composting operation,which is lo-
Selectman Chairman Robert Perry cated behind the cemetery.
said. Last fall, the Board of Public
"I will not respond to a developer Works told Superintendent of Pub-
who's coming in,developing some- lic Works R.James Sotiros to write
thing and then will be gone,"Health Continued on Page 5
t
r
March 17, 1988 Swampscott Reporter Page 5
Town officials react to developer's allegations . . ,
Continued from Swampscott front page any inspections which show good _
a letter to Salem Mayor Anthony compost operation. k =_
Salvo, after Sotiros noticed work •That there are nosewer pipes in
beginning on the development.The the vicinity of the cemetery.In fact
letter was forwa ded to Salem the closest pipes arestprm water
Planning Departm nt representa- O.ipes which empty roto.tti ground
Lives, who failed o return calls ung ponds and wetlands,-!, ,' �. If "' V '
Sotiros made to se up a meeting. That the treatment Jiad is not
When Zieff foun out in Febru- surrounded by overflow intereep-
ary, through a Reporter article, tion mechanisms.
what lay next to his development, •That effluent from the sewer r
he appeared before the Board of sludge piles has been observed � a
Public Works to see if the town flowing off the edge of the treat-
would either move the operation or ment pads. #'
cut down odor problems by request- •That there are standing effluent
ing employees not to work the com- puddles off the treatment pad.
post piles unless the wind was blow- •That effluent from the sewer
ing away from his project. piles flows into wetlands north of
The board saidfno to both re- the treatment pads.
quests. •That these wetlands are con-
Late last month; Salem Health tiguous to Thompson Meadows,
Agent Robert Blenkhorn received which serve as a secondary water
an anonymous complaint about source for the town'of Marblehead.
odors in the composting area. Zieff also accused the town of Inspection—Last April,the state Department of pie to view Swampscott's dewatered sludge com-
Blenkhorn called in DEQE officials trespassing upon his land and land Food and Agriculture transported a busload of pet posting operation. (Photo by George Derringer)
withfind out if everything is in order owned by the city.of Salem and We-
with permits Swampscott received gally filling wetlands "with about by the state;Department of Food for the day tghen people move in ty,down Paradise Road into Tedes-
for the operation. They toured the 30 foot high by thousands of square and Agriculture. and try to fArce the "dump" to co Pond and finally into Hawthorne
site about 10 days ago. feet of debris and fill"that he says Sotiros added there is no evidence move out. Brook.
Zieff's letter to the DEQE,dated is directly in the wetlands and showing the composted dewatered "It's a broad-based problem with Perry is also concerned about a
March 2, first outlines various drains into "this most important sludge shows up in Thompson developers closing in on open strain put upon the Swampscott
statements Zieff says town officials water resource." Meadow,which is a standby water space,"Attridge said. "Necessary Fire Department.
have made about the merits of the Sotiros took issue with charges source that Marblehead could use services are put in space that was "If there's a fire up there,do we
composting operation. that effluent leaches into wetlands in an emergency. out of the way—in the woods or off answer the call?I bet we're going to
"I visited the site and received and is standing in puddles next to Wayne Attridge, Marblehead the road. New development is have to,"he said.
other information]which substan- the concrete compost pad. director of health,received a copy pushing necessary services out of Ironically,he said,if Swampscott
tially conflicts with the above in- "We have a force main that of Zieffs letter of allegations. He the area.,, had not tried to notify Salem about
formation and is in fact in direct pumps the leachate up over the hill. confirms Sotiros statements that Perry calls Salem's refusal to let what was right next to a Salem con-
conflict with the letter and spirit of It all runs down to Essex Street into Swampscott's composting opera- Swampscott know about this most dominium development,Zieff prob-
the law, and that the town of our sewer system," he said. "The tion serves as no threat at all to recent development "typical" of ably wouldn't even know the com-
Swampscott has breached many puddles outside the pad are simply Marblehead's emergency source of the lack of notification about heavy posting operation was there.
lawsand ordinances relative to this rainwater and melting snow." water. Salem building which is closing in Murphy wonders why Zieff didn't
environmental process,"he wrote. Sotiros said different state agen- "If anything, they're (Swamp- on the town. know about the composting opera-
Zieff continued, "It is my under- cies have pointed to the Swamp- scott's) doing something right," The develophrent,Perry said,not tion,long before the ground was
standing that:" I scottcomposting operation—still a Attridge said Monday. "I wish we only increases traffic in Swamp= broken for his development.
-The town of Swampscott has not rarity in the Commonwealth—as a were doing something similar." scott but also puts a strain on the "A developer in the town of
received the necessary permits for model for other commpnities to fol- Attridge likened Swampscott's town's utilities and public safety de- 'Swampscott would get an environ-
a compost operation. low. (Before composting, Swamp- problems with new development to partmentsmental impact statement that
•That the state]has not given Scott incinerated its sludge.) problems he expects to have be- Sotiros said some of the surface would tell him what effect his de-
their acclaim nor;complimented Last April, about too people, cause of new condominiums being drainage from Zieff's development velopment would have on the en-
the town for their'compost opera- mostly farmers,inspected the com- built next to the Marblehead trans- will flow in through the cemetery, vironment and what the environ-
tion and,in fact,has not performed post operation on a tour arranged fer station. He said he's preparing into the pond on the Flatley proper- ment is around him,"Murphy said.
ti
page® SW9MpKoa RqW w MnM 17,19"
SWAMF
Let :us . rally round
the compost pad
The fate of the town's dewatered sludge compost operation
doesn't exactly seem like an issue for the town to rally
around.
But it is.Composting is something the`town is doing right,
which shouldn't be attacked as being wrong•
For eight years, sludge has been tr=io the compost,
pad, where it is.carefully and efficiently transformed into'
rich ground fill.Ecologically and economically,composting
is a much better way to get rid of sludge than the town's
former method — incinerating it down at the treatment
plant.
The town chose a then isolated site for the operation—near
the Salem line behind the Swampscott Cemetery.But Salem,
with its penchant for developing every inch of land abutting
Swampscott,gave the nod to a developer to build hous ag 88
feet from the boundary and 400 feet from the composting
pad.As the building began,town officials wrote to Salem offi-
cials to tell them just what is located nextdoor to the compost
heap.There was no response to the letter or to calls asking
Salem officials to meet with Swampscott officials to discuss
the matter.
The developer didn't get wind of what lay so close to him
until he read about it in a January article in the Reporter.
Why didn't he know? Doesn't Salem require enviromnen-
tal impact statements for new developments?
Now the developer is asking the state to shutdown
the
towns illegal, as he puts it, composting operation.
• Salem's healWagent has also asked for an investigation.
He wants to find out if the city of Salem was properly notified
when composting be an eight years ado
In the meantime;when the Salem project is completed,the
Swampscott Fire,Department will serve,..t,#e.development.—:
through mutual aid, Town officials also say sotne.sutCace
drainage from the project will end up In Swampse418
Hawthorne Brook.
Both the developer,and the city of Salem need a crash
course on how to be good neighbors.
— - Selectmen-Tuesday-night voted_to"st Salem Mayor
Anthony Salvo and members of the City Council to meet
with
h --
them and try to hhmmer out a compromise ag veab
sides:"
Salem should not ignore the request.
d
.u�r ...... .. � -... - _ AUffiLLlc MaV— IOC IVIIVWIUI( 'a .uw. ..:..........—.•...� ..�..1.....
_._ . MOVIES - • - ONLY: ' ' Units abut compost heap
Pius a FREE MEMBERSHIP IN OUR MOVIE CLUB when show us a
com• • • Board of public works members building the homes should tell pen
fear people who move into a Salem :ple they are gomg to live right next
LIFETIME • Rent any Movie Mon:Tue:Wed.-Get 2nd Day FREE! development next to the Swamp- to our compost pile."
MEMBERSHIP •Rent 3 Movies-ReCelve 4th Movie FREE-Anydayl Scott line are going to raise quite a Board el public works member
•Movie Coupon Books $5.00 OFF-1 O Rentals for$20.00 a n y rind out what ties Daniel onm wondered t and has
$ OO •MBtly Movies only$12 right over the border. of environmental impact study has
I've measured lls feet from the been conducted on the develop
back of one of their garages to our .ment.
compost heap."Superintenndentof Sotiros said he hasw itten to
public Works It.James Sotiros told Salem Mayor Anthony 3 vo,who
board members Thursday. referred the letter to the lily Plan-
Y0, Thaw right. A housing develop ner's o[fice.So far,no answer has
N mentisbeing built inSalem smack come to Sotiro's telephoned
STEM k dab against the town's operation attempts to try to set up a meeting
C� that converts sewage sludge into to discuss the housing placement.
RE-UP�iOUTERY 11 compose=anen5cienttmtodorifer- ..�the letter back toSalvo and
ous.procedure.
"Do we have any guidelines that say we can't get any rlspoase.'
• indicate they shouldn'thavebuiltso Phillips said. "And when people
.• ' , closev, Chairman David Phillips . start complaining,tell them to see
asked.••Atleast,the peoplewhoare' their city councilor.-
" a `
project oerore the Zon-
. r 1 If all elements of the plan meet ing Board of Appeals.
0
FILE
la�i
is
DAILY EVENINQ ITr.M, Lynn, Mass., Thursday, March 17, 1988
lectmen host
501 o M ® �Iceals
Will discuss composting, other issues
fi0.+AAll�$COTT ' Appointed Lucille Cafarella as
the non-senior member of the Coun-
Selectmen.;have invited Salem cii on Aging, accepted the resigns-
tion of Helen Schiff matcher from the
Niavor Anthony Salvo and the City council and announced theezistence
Council to discuss existing and of two council vacancies.
scheduled developments in Salem . Appointed Esther Mulroy to
located at the town line. the Arts Council.
The conference is scheduled for •Joined an inquiry begun by the
March 29 as part of the.selectmeWs Town of Stoneham, asking the Mas.
regular meeting. sachusetts Water Resources Au.
Among the subjects to be dis- thority for a list of employees,their
cussed is the compost heap at the salaries, benefits and Job descrip-
rear of the Swampscott Cemetery, tions.
where Salem officials and, ap- Asked for legislative as-
parently, the developer of a high- sistance in making auto theft a
rise in Salem near the site are felony.
complaining about the smell and • Approved a policy for town
drainage, among other things. ambulance personnel to wear sur.
The state Department of En- gicaI masks,rubber gloves and safe.
vironmental Quality Engineering ty goggles when working with acci-
(DEQE) has been to the site, where dent victims.
its representatives conferred with • Asked Superintendent of Pub.
both town and Salem officials. A lie Works R. James Sotiros to de.
decision from the state is awaited, eine if the town has -a buffer
In other business, the board: area between Windsor Avenue and a
• Invited police officers who proposed development at A&H Auto
worked at the scene of two serious Parts in Salem near the town line.
accidents in the past two weeks to
attend the next board meeting,
when town officials will commend
them.
• Asked town committees to
notify the selectmen before disband-
- ing, a request .lodged by Sister
Josette Parisi, the board's adminis-
trative aide.
• Permitted Allan Costa to make
the Dental Benefit Providers Inc.
dental plan available to town em-
ployees.
Vinnin Associates Realty Trust Real Estate Development
890-6466
March 16, 1988
Mr. Gerard Kavanaugh
City Planner
One Salem Green
Salem, Massachusetts 01970
Dear Gerry:
It is my understanding after talking with D. E. Q. E. (Messrs. Chretitn
and Erickson) that they will be gathering a lot of data to determine a
course of .corrective action which they will discuss with the Town of
Swampscott. This will allow Swampscott to bring the composting operation
up to an acceptable standard. They apparently knew of deficiencies but
did not act until a complaint was issued.
Swampscott allegedly has an Assignment of Land from one of their depart—
ments, either Health or Conservation, to fill the wetlands and utilize
compost operation.
They have filled Salem conservation land covering hundreds of thousands
of feet of land with debris, up to thirty feet deep (plus or minus) .
They are also draining into the Salem wetlands. Swampscott has stored
tons of granite curbing on Salem land and continue to operate a sewer
sludge compost operation, part of the enclosure for it being on Salem
land.
From my information, the Salem Conservation Commission or the Salem Health
Department can issue a Cease and Desist order to stop the situation and
correct the damages. My talks with the State D. E. Q. E. people seems to .
point out this action by Salem as the most productive corrective action
possible by anyone.
I would appreciate your efforts in correcting this situation.
Respectfully,
:INN ASSOCIATES REALTY TRU T
mes Zieff
Trustee
JZ/msf
33 Bedford Street, Suite 12/114, Lexington, Massachusetts 02173
TO: Gerry
FR: BEcky
RE: Swampscott Compost Operation
I met with the Chairman of the Swampsoctt Conservation Commission at
the compost site. We are in agreement that a wetland violation exists.
However, we disagree on the Town/City boundary line, so she suggested
that we meet on site with Jim Saterous, Swampscott 's Town Engineer, to
determine the boundary line's exact location. We plan to meet on
Friday, a.m.
I spoke with Rose Collins about the situation. If a violation
exists, it is of grave concern to Marblehead Con Com and Water Dept.
b
First the Town/City line discrepancy must be cleared up. Then the
wetland issue will be enforced.
J1527
A .
Vinnin Associates Realty Trust Real Estate Development
890-6466
March 3, 1988
D. E. Q. E.
Water Pollution Division
5 Commonwealth Avenue
Woburn, Massachusetts 01801
Attention: Mr. Richard Chretitn
Dear Sir:
Reference is made to our telephone conversation of March 2, 1988 at which
time we discussed the treatment of sewer sludge and a compost operation
performed by the Town of Swampscott at the rear of the cemetery off Essex
Street, alongside the Salem/Swampscott property line.
Various statements were made by representatives of Swampscott to wit:
They had all the necessary State permits to operate a sludge
compost operation at this site.
That they had bus loads of inspections by the State which
lauded their operation.
That the State had complimented them on the quality of their
compost operation.
That they pumped the sewage effluent from the compost pile
into sewer pipes at this site.
That they contained the sewage effluent.
That all their tests were maximizing the efficiency of the
compost digestion process.
That the obnoxious odor emanating from their compost opera—
tion (upon turning) were unavoidable and they were unwilling
to cooperate in performing the turning operation when prevailing
winds would not adversely affect their neighbors.
I visited the site and received other information which substantially
conflicts with the above information and is in fact in direct conflict
with the letter and spirit of the law, and that the Town of Swampscott
has breached many laws and ordinances relative to this environmental
process.
33 Bedford Street, Suite 12/114, Lexington, Massachusetts 02173
D.E.Q.E.
Mr. Richard Chretitn
March 3, 1988
Page Two
It is my understanding that:
The Town of Swampscott has not received the necessary permits
for a compost operation.
That the State has not given their acclaim nor complimented
the Town for their compost operation and, in fact, has not
performed any inspections which show good compost operation.
That there are no sewer pipes in the vicinity of the cemetery.
In fact, the closest pipes are storm water pipes which empty
into surrounding ponds and wetlands.
That the treatment pad is not surrounded by overflow inter-
ception mechanisms.
That effluent from the sewer sludge piles has been observed
flowing off the edge of the treatment pads.
That there is standing effluent puddles off the treatment pad.
That effluent from the sewer piles flows into wetlands North
of the treatment pad.
That these wetlands are contiguous to Thompson Meadows which
serves as a secondary water source for the Town of Marblehead.
. In addition, upon visiting the site, I note that the Town of Swampscott has
trespassed upon my land and land owned by the City of Salem by substantial
amounts and they have illegally filled wetlands with approximately thirty
foot high by thousands of square feet of debris and fill. This fill is
directly in the wetlands and drains into this most important water resource.
I request that you proceed with all necessary haste to stop this illegal
operation and correct this injustice.
Respectfully,
VINNIN ASSOCIATES REAL TRUST
James Zie f
Trustee
JZ/msf
cc: Gerard Kavanaugh, Kent Murphy, Wayne 0. Attridge, Robert Blenkhorn,
Attorney Dev Monga, Board of Public Works - Swampscott, James Sotiros
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WHILE YOU WERE OUT
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DATE TIME AM ❑ PM ❑
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AREACODE NUMBER EXTENSION
TELEPHONED RE umw YOUR GALL
PLEASE CALL CALLED TO SEE YOU
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rFaY-vo-me
TO: Gerry
FROM: Becky
RE: Vinnin Square
DATE: March 3, 1988
I met with Mr. Zeiff and Don Crupi today and observed a compost
operation, located on Swampscott land adjacent to a City of Salem parcel and
Vinnin Square Village. The compost operation has stockpiled a* debris on the City
of Salem property. A lot of this debris is located directly in a wetland. This
wetland feeds into Marbleheads secondary water source. The piles of debris reach
heights of 25+ feet and are burying and killing many trees and other vegetation. In
addition to the wetland violations it appears that health violations may exist,
including puddling of foul smelling liquids in non resource areas and inadequate
drainage, which under certain circumstances (sever storms) could further pollute
adjacent wetlands.
Action must be taken immediately to remove the debris from this area
and restore the wetland to its original condition.
M33WP
Dear Mr. Zeiff:
I received your letter concerning the Town of Swampscott's
sludge treatment facility. I visited the site in the company of
representatives of the Salem and Swampscott Conservation
Commissions prior to receiving your letter . We were all
concerned at the intrusion into the pond area and I have no doubt
that the Swampscott and Salem Conservation Commissions will deal
very quickly and effectively with that problem at their hearing.
I would hasten to commend the Town of Swampscott on their
initiative in the treatment of their sewage and their
environmentally sound recovery practice in treating the sludge
while reclaiming wood chips and leaves . As you know , the
problems that we are currently facing in getting rid of our waste
products are becoming more and more complex and costly. The Town
of Swampscott is , in fact , to be congratulated on their
foresight. I only wish that my own town had been so perceptive.
On the matter of odor , I cannot believe that you have
undertaken a project of such magnitude with the help of the
Planning Department in the City of Salem and were not aware of
the sludge recovery facility or of the stone quarry. Perhaps the
most environmentally sound decision would be to scale down your
plans in order to provide the greater good for all of the
communities involved.
I thank you for your concern and assure you that the quality
of the water in Thompson's Meadow is being monitored constantly
and is of great concern to us. To date, we do not find any
1
significant changes in that quality.
Sincerely,
Rosemary Collins
6 -A -
2
BUTTERWORTH & PALLESCHI
U�
SEAPORT LANDING
EOWARO R. BUTTERWORTH (1934-1984) 164 LYNNWAY/BUTTE OIC
ARTHUR J. PALLESCHI LYNN. MABBACHUSETT9 01902
AREA LADE 617
696-8383
December 9, 1987
Honorable Anthony V. Salvo
Office of the Mayor o bq 4 i
City Hall
93 Washington St. DEC 1 5 07
Salem, MA 01970
Dear Mayor Salvo:
I am the Town Counsel for the Town of Swampscott and have been
asked by my client, the Board of Selectmen, to write to you relative
to a matter of mutual interest to Salem and Swampscott.
As you may know, the Town of Swampscott maintains a "compost"
pile at the rear of the Swampscott Cemetery.
The area where the pile is located abuts land in Salem where
there is currently considerable building going on.
The Selectmen are anxious that the existence of this compost
pile not come as a surprise to future owners or renters of the
units currently under construction.
It is; therefore, their hope and expectation that this letter
will serve to put on notice those persons and agencies who will ,
in turn, see to it that all parties are made aware of the existence
and proximity of the compost pile to the new development.
If you have any questions, kindly contact me.
Very truly yours,
O � c
THUR J. PALLESCHI , ESQ
.JP/aag A� .
Town Counsel
cc: Salem Planning Department
Swampscott Board of Selectmen
ToWn of ftampgtott
., OFFICE OF THE
ROBERT E. PERRY,CHAIRMAN _ 38oarb of sbClertmen
J. CHRISTOPHER CALLA HAN 1
JOHN F. BURKE
THOMAS H. DRISCOLL ELIHU THOMSON ADMINISTRATION BUILDING
LAWRENCE GREENBAUM SWAMPSCOTT, MASSACHUSETTS 01907 JOSEPH C.SINATRA
SECRETARY
b
V
December 16, '1961
DEC r 1°07
tpli'Cj iY:,
The Honorable Anthony V. Salvo
Mayor of the City of Salem
93 Washington Street
Salem, MA 02970
Dear Mayor Salvo :
At their meeting on December B, the Board of Selectmen
discussed their concern regarding the increased development
taking place on the land which abuts the Swampscott
Cemetery .
Because Swampscott retains a compost pile in that area ,
the Board feels that developers and real estate agents
should give fair warning to those people who are interested
in purchasing land which abuts the cemetery.
This compost pile is in a location convenient for the
Town of Swampscott . In order to avoid any future
disagreements about its location, the Board wishes to
request the City of Salem, at this time, to inform
interested parties that the compost pile is in that area .
We would appreciate it if you would take this matter
under serious consideration. If you have any questions,
please do not hesitate to call us at 595-1645.
Sincerely,
BOARD OF SELECTMEN
S .
S . Josette Parisi
Administrative Assistant
cc Salem Planning Board
Salem Zoning Board
OFFICE OF
t� A.D. Tq WATER
a9 BOARD OF PUBLIC WORKS SEWER
INS PARK
F,�If�J THOMSON ADMINISTRATION BUILDING CEMETERY
SWAMPSCOTT,MASS.01907 HIGHWAY
ENGINEERING
fD i 40'� p" 581-7500 WASTEWATER
0a awAMP`' (� V
Q�(\ TREATMENT FACILITY
DAVID L.PHILLIPS 9_ Mr\ O - .ROBERT J.SOTIROS,P.E.
CHAIRMAN SUPERINTENDENT OF PUBLIC WORKS
ROBERT W.SNOW .p," ���°` TOWN ENGINEER
DANIEL P.KELLY
May 5, 1988
Salem Conservation Commission
Planning Board
One Salem Green
Salem, Massachusetts 01970
Gentlemen:
The Department of Public Works will begin work at the rear
of the Swampscott Cemetery on May 9, 1988, in accordance with the
Order of Conditions.
Very truly yours,
BOARD OF PUBBLLIC WORKS
Robert J. Sotiros, P.E.
Superintendent
RJS/mbv
Composting .battle escalates
Murphy says odors not a problem
By Lynn Sears Public Works to say said he knew er. At the time. Swampscott in-
Salem Health Agent Robert nothing about the composting op cinerated its sludge.
Blenkhorn has written to the state eration until he read about it in a "The more the board read abut
Department of Environmental January Reporter story. the information, the more in-
Quality Engineering (DEQE) to He asked the board to either terested they got,"Murphy said,so
findoutifeverything'sinorder with move the operation or to agree to interested that he and two Board of
permits Swampscott has received have DPW employees only work the Health members traveled. to
to run its sludge composting pad. piles when the wind Is blowing in the Durham,N.H.,for a first-hand look
"Where are these approvals from directionopposite his development. at how such composting works.
the DEQE"' Blenkhorn asked. 'Board members told him that the „We were satisfied It probably
"The question in my mind is what operation would be a hard one to could be done,' he said.Huston was
notification was given to the abut- move,and that it would be imprac- asked to put in writing.what his de-
ters, the city of Salem." tical to make employees wait to partment planned to do.
Located behind the cemetery work the pile until the direction of "They had an engineerdesignthe
near the Salem line, the operation the wind had changed, concrete pad and rainage system
has been composting sludge for the They also said they had been re- in s t'enced-in area,"Murphy said.
!ast eight years. peatedly trying to get in touch with A pile of wood chips was the base
Blenkhorn said he recently vi- Salem officials to warn them that for the pile, about a foot thick.
sited Swampscott's composting op- housing was going up near the com• Among the wood chips was placed a
eration because of an "anonymous Post heap. four-inch perforated pipe, con-
complaint"about odors his depart- Swampscott Health Agent Kent nected to a blower with a timer.
ment received. He speculates the Murphy said the Salem health The sludge Is dewatered at the
complaint came from a dweller of a agent called him last week after his treatment plant, 'hen taken by
high-rise development nearby or visit to the compost pad. truck to the composting Pad to be
from people concerned with new "He saw steaming piles and used dumped upon a bed of chips. More
construction taking place in Salem the term 'obnoxious odors.'I tried wood chips are added,then mixed
near the compost operation. to explain to him what it's all ab- and fluffed with payloader to pro-
"We saw standing puddles, and out," Murphy said. He also sug- duce a ratio of three parts wood
there was no rain. We wondered gestedthat,asacommon courtesy, chips and one part dewatered
what would happen if we had a Blenkhorn should have called him, sludge.
downpour," he said, referring to and he would have accompanied Then the materialist placedon the
the impact of the operation on near- himon his compost inspection toex- bedofwoodchips with the pipes In
by Thompson Meadows wetlands, plain the operation. it.Other loads are gradually added
Superintendent of Public Works After Murphy completed his call to the pile, Murphy said, as fre•
R. James Sotiros said he has been with Blenkhorn, he picked up the quently as possible; so that the
notified that Salem has asked the phone again and called Sotiros. matterial always remains fresh.
DEQE to investigate the operation. Then Murphy, Sotiros and Select- The chips that cover the pile pro-
"we have followed all the regula- man Chairman Robert Perry went vide a layer of heat more than suM-
tions the DEQE had set up at the down to the operation to check it clently high enough to kill the
time we began oMrations,"he said. over. - ppathogenic bacteria In the sludge,
"in fact, the DEQE has taken bus. "We could detect a very slight, he said.
loads of people to view the opera- musty odor," Murphy said. "We At the end of 21 days and numer-
tion as a model of what can.be found there was no cause for com-
a pus temperature probes,the pile Is
taint, broken down and put into one big.
As for the standing puddles, p 1hen,Mui-physaid,calledBlank• r prop. mound for-another 30
os said they were probably caused horn back and " ai
walked him ai
by melting snow. through"the operation.Right fromdays.
Located behind thecemetery just the beginning. Another sample is taken, and
this side of the Salem line,the com. Composting history then the material is used to condi•
posting operation has been churn- Murphy remembers how skeptic• tion soil.
ing out seven tons of dewatered al the Board of Health was when "The material is used on side•
sludge a week since the late '70s. then Superintendent of Public walks,in parks and on playgrounds
Early this month,a developer of a Works Donald Huston brought in as a conditioner all over town," he
Salem housing complex that begins literature about such operations In said.
400 feet from the compost opera• other states that yield sludge pure In the early days of operation,
tions, appeared before the Board of enough to be used as soil condition- Continued on Pap.as
Composting operation. ..
Continued from Pape 12 - 'From then on,it's worked well,"
Murphy said, things "were net al- Murphy said.
ways rosy." Until now.
* -There were horrible odors." he Murphy, turning his attention of
said the housing that will soon abut the
The town contacted a Mas- composting operation, wondered
sachusettsconsultant Dr.Elliot Ep• why the environmental impact
stein, an expert in the composting statement done on the Salem prop-
field.
ropfield. who determined the odors erty made no mention of what lies
occurred because the sludge was across the line in Swampscott.
ryctlw u stored in a large, steel lank at the We had nothingtodowiththeper-
treatment plant and only shipped mits.We had nothing to do with de-
once a week or so to thecomposiling tiding whether condos should be
operation. built there or not,"he said.
'It had gone septic from sitting
there so long," Murphy said. Murphy said he sees no reason to
The problem was solved by truck- move the town's sludge composting
ing the sludge daily to the pad. operation.