216 SWAMPSCOTT ROAD - BUILDING INSPECTION 216 Swampscott Rd.
- ---- --- --
Certificate Number: B-2014-0337 Permit Number: B-2014-0337
Commonwealth of Massachusetts
City of Salem
This is to Certify that the Sand & Grav Building located at
Building Type
.....,,.2,1,.6,-,2,2.6.,S,WA.MP,S.CO7T,ROAD, in the ........... city of Sqlem
Adclmss Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires ............... A0(4PP4C04c------........... unless sooner suspended or revoked.
Expiration Date
Issued On: Monday, June 30, 2014
--- -- - -..._ - - -- - --- - -- --- ------ - ---------------
216-226 SWAMPS_C_O_ T_ T ROAD 306-14
GIs# a -' COMMONWEALTH OF MASSACHUSETTS
!Map: 11
(Block: CITY OF SALEM
Lot. -- -- _0001
Category: JInstallation
Pere#.--- 306_14 BUILDING PERMIT
Project# JS-2014-000734
kst Cost: . $143,000.00 j
Pee Charged: $1,584.00
alance PERMISSION M HEREBY GRANTED TO:
Const Class:_ _ Contractor: License: Expires:
Use Group_ _ IMICHAELCIVITARESE CONSTRUCTIOSUPERVISOR-CS-0691
.Lot Size( F1
1 X60548.4
Zoning: \ F1Otvner: Aggregate Industries
Units Gained: Applicant: FAIRBANKS SCALES
Units Lost: _ AT: 216-226 SW'AMPSCOTT ROAD
Dig Safe#_
ISSUED ON: 09-Oct-2013 AMENDED ON. EXPIRES ON: 08-Apr-2014
TO PERFORM THE FOLLOWING WORK
INSTALLATION OF TWO 70'x 10'TRUCK SCALES(STEEL DECK)ON TWO 70'X I F FLOATING SLAB
FOUNDATIONS WITH RESPECTIVE 25'ON&OFF RAMPS.
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
5�lectric Gas Plumbing Buildin¢
r. —
�Underground: -' Undergrounds . .... "- Underground:, Excavation:
i.,3 trvice: Meter. Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
Hnuse# ne'hc:
Water: Alarm:
Assessor ,Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
itULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING RLC-2014-000733 09-Oct-13 509019 51,584.00
(leuTMSa 2013 Des Laurier%Municipal Solutions.Inc. OG.--
CONS I-tU'�"C. t�MT f7li!LDHdG
CHAPTER i F(; , '::;?ED INSPE(-.F:' t
Certificate Number: B-2014-0337 Permit Number: B-2014-0337
Commonwealth of Massachusetts
City of Salem
This is to Certify that the Sand & Grav Building located at
Building Type
216-226 SWAMPSCOTT ROAD in the City of Saleni
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
Scp•\e. VNoCAs e.
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires Not.41 pphcable unless sooner suspended or revoked.
Expiration Date
Issued On: Monday, June 30, 2014
216-226 SWAMPSCOTT ROAD 306-14
COMMONWEALTH OF MASSACHUSETTS
Bek , � vWp, CITY OF SALEM
,
(Category ''='`".}Y Installation '
Pe,r t# 306.143y4 ,;r BUILDING PERMIT
fProiect# F A JS-2014-000734
4—
�F_st'Cost 111'1$143,000.00,1g,
, =i
S'ee Chargd?e $1;584.00,
$alance Due` $ oo s - n PERMISSION M HEREBY GRANTED TO:
I�:onst Class ' " `
Contractor: License: Expires:
Use Group.'. m Y"3` ' ,, a MICHAEL CIVITARESE CONSTRUCTIO SUPERVISOR-CS-0691
Lot Sizef t,'ft , 160548
Zomng :fit I . ,.�' a
Owner: Aggregate Industries
nits Gained: T Applicant: FAIRBANKS SCALES
Uints Lost:,,jl ^�,:TL AT: 216-226 SWAMPSCOTT ROAD
Dig Safe#: , t._,:•, a , j a°
ISSUED ON: 09-Oct-2013 AMENDED ON: EXPIRES ON: 08-Apr-2014
TO PERFORM THE FOLLOWING WORK:
INSTALLATION OF TWO 70'X 10'TRUCK SCALES (STEEL DECK)'ON TWO 70'X I I'FLOATING-SLAB- __...
FOUNDATIONS WITH RESPECTIVE 25'ON&OFF RAMPS.
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
1 ctric Gas Plumbing Building
'Finder round: '-._y. Undergroundr.`. . Under it ._. ..._. Excavation:
i3ervice: Meter -`. .� -.,• -, Footings: .
Rough:—;, Rough: Rough: Foundation:
Final: Final: Final: - Rough Frame: .
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: oil:
Final: t
I
Water: Alarm:
A$$C$$or ~ Treasury:
(Sewer: Sprinklers: Final: .,
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
MULES AND REGULATIONS.
r.=
Signature:
F,.
•'9 Feer e:
ReceiptNo: Date Paid: Check No: Amount
rj^c._., Type:
BUILDING REC-2014-000733 09-0ci-I'3' 509019 - 'Y' - 51,584.00
i,AGC1.r__ ,
'IFiiPORTA?IT nVJNF_R OR CONTRACTOR NIL=
GcoTMS®2013 Des Lauriers Municipal Solutions,Inc. - ARRANGER__ --.-:';ODIG.INSPECTCNS DI P..;!.,9 _
CONSTRUCT!( - ,3?RENT BUILDING CODs -
CHAPTER 1 FOR:- "'!!!RED INSPECTiOi,'SS.
-. CALL 978-619-5641 T.:o:,r.,_i:ULE AN INSPECTION
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CITY OF SALEM
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Certificate Number: B-2014-0337 Permit Number: B-2014-0337
Commonwealth of Massachusetts
City of Salem
This is to Certify that the Sand & G/av Building located at
Building Type
216-226 SWAMPSCOTT ROAD in the City of Salem
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
iS co•.��e. �►c�s e.
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires ......Not 4 Plicgble unless sooner suspended or revoked.
Expiration Date
Issued on: Monday, June 30, 2014
216-226 SWAMPSCOTT ROAD 306-14
cis# a COMMONWEALTH OF MASSACHUSETTS
Map --- Ott :•_E _` '_i
BloGk CITY OF SALEM
;Loc. -- 0001
Category: Installation
'germ:[# 1306-14 —.. BUILDING PERMIT
Project# JS-2014-000734.
kst Cost: -$143,000.00
Fee Charged: ' $1,584.00
balance Due: $.00. PERMISSION IS HEREBY GRANTED TO:
Const Class: _JI
Contractor: License: Expires:
PseGroup: MICHAELCIVITARESE CONSTRUCTIOSUPERVISOR-CS-0691
Lot S;zelsq_ft`�60544.4 _
;r-- -- �OlwteY: Aggregate Industries
Zoning
Units Gained: Applicant: FAIRBANKS SCALES
'Units Lost: ` _]AT: 216-226 SWAMPSCOTT ROAD
'Dig Safe#_
ISSUED ON: 09-Oct-2013 AMENDED ON: EXPIRES ON: 08-Apr-2014
TO PERFORM THE FOLLOWING WORK
INSTALLATION OF TWO 70'X IO'TRUCK SCALES'(STEEL DECK)ON TWO 70'X 11'FLOATING SLAB
FOUNDATIONS WITH RESPECTIVE 25'ON&OFF RAMPS.
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
t+',lectric Gas Plumbing Building
(Underground: " • Underground:-. "-._. Underground: -,_--. Excavation:
Service: m• ter[ -"` - - - Footings:
-i Bough: Rough: Rough: Foundation:
Final: Final: Final: Bough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter; Oil: O
� Final: �
.. :louse N na4,:
Treasury:
Water: Alarm: Assessor
ISrwcr: Sprinklers:
Final:
THIS PERtMIT MAY BE REVOKED 13Y THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND RF,GULATIONS.
Signature:
Fee T)pe: - Receipt No: Dale Paid: Check No: Anmmd:
BUILDING RLC-2014-000733 09-Oct-13 509019 51,584.00
GiePORTA"' I'VNER OR CCNTRA^i OR N,i" -
Gcti F:NISUh'-013 Des Lauricrs municipal Solutions,[nc. ARH AN a w fq It APL i 1..;i Di.i
CONS IRUC,f1. "NI BUILD;NGCC
CHAPTER 1 ,=C. ":RED INSPECT(;?.
0 T
JOHN D.KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT
City Solicitor LEGAL DEPARTMENT Assistant City Solicitor
222 Essex Street 93 WASHINGTON STREET 15 Front Street
Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970
Tel:(978)741-4453 it Tet: (978)744-9800
Fax:(978)740-0072 Fax: (978)744-7660
Email:jdkeenanlaw@aol.com Email: gilbert®salemlawyer.com
It January 17, 2001
Joan Lovely
City Council President
14 Story Street
Salem, MA 01970
RE: Bardon Trimont - Aggregate Industries
Dear President Lovely:
I just wanted to follow up on our conversation and respond in writing to your
request for an opinion relating to pending project at the above captioned location.
In particular, Bardon Trimont —Aggregate Industries (hereinafter"BT") intends to
begin more active use of an old existing road and curb-cut for additional access
to the quarry. I have confirmed this plan with BT's counsel, Chris Drucas
(741.7400). You ask the following questions:
1. Does an "abandoned"road and existing curb-cut exist?
2. When was the road used and when abandoned?
There does appear to be an existing road and curb cut existing at the property.
Stan Bornstein has informed me of an aerial photograph of the site pre-1970 that
clearly reveals both the curb-cut and fence-gate onto Swampscott Road.
"Abandoned" as used in the legal zoning sense carries with it specific
significance, and based on the information I have, I would be unable to make
such a conclusion. BT has actively engaged in the quarry business at this site
since 1930.1 As a going concern for eighty-five years, it would be difficult to
argue that a use (even seemingly inactive) has been "abandoned" in the legal
sense.
1 BT also produces and sells concrete and hot top, as well as taking back both for
remanufacture.
a
Page Two of Three
January 17, 2001
President Lovely
RE: Bardon Trimont
3. Is the abandoned road a "grandfathered use"of the site?
This property is located in an Industrial zoning district. Our Zoning Ordinance
defines such districts as "districts intended to be those areas highly suitable for
industrial use by reason of topography, accessibility and proximity to major
transportation systems."" (Article III, Sec. 3-1 (Types of Districts)). Although
there does not appear to be a specific use for a quarry and further that cement
manufacture is specifically prohibited (Article V, Sec. 5-3(h)(3)(b)), this use
certainly has protection as a valid nonconforming ("grandfathered") use of the
site. (Article VIII, Sec. 8-3 (Nonconforming use of land)). Moreover, the use of
the existing exit/entrance is an appropriate accessory use— it is clearly incidental
to the principal use. The exit road is also entirely within the I-District.2
4. Is Aggregate Industries required to get permits and/or approvals from
the City of Salem for this project?
I hesitate to actually call this a "project" as much as an apparent decision by BT
to more actively use an existing access road. As there is no need for a new
curb-cut, no permit is necessary. DPW's policy is that an existing curb-cut is
valid (even if not used) until a request is made to re-install it.3 DPW has no
record of BT ever requesting such a re-installation of the curbing at this site.
The Salem Zoning Ordinance requires that "No building or other structure shall
be erected, moved, added to or structurally altered until a permit therefor has
been issued by the inspector of buildings." (Article IX, Sec 9-1 (Enforcement)).
A "structure" is "anything constructed or erected, the use of which requires
location on the ground or attachment to something having location on the
ground." (Article II., Sec. 2-2(b)(definitions)). The building inspector's office does
not require a permit for the (re)paving of a private driveway or access road as
such is not deemed a structure.4
2 Oftentimes, the zoning issue that raises problems is an industrial use on a split lot (for
example I next to R-2) where the access road goes through a residential, more
restrictive, use zone. That is not the case here.
3 If located on an entrance corridor, which Swampscott Road is not, there is also a
restriction to no more than two (2) cuts no greater than twenty-four (24) feet. (See
Salem Zoning Ordinance Art. VII., Sec. 7-19(c)(2)).
' I would add, however, that if this access road is somehow to be improved with retaining
walls and/or other structures:, review and a building permit would be required. I am not
aware of that being the case here.
N
Page Three of Three
January 17, 2001
President Lovely
RE: Bardon Trimont f
Lastly, Site Plan Review does address concerns for internal roadways and
accessway; however, thisiproposed plan does not come within the Planning
Board's purview under said guidelines. Presently, our Site Plan Review Process
is triggered upon a threshpld of 10,000 square foot structures (See Salem
Zoning Ordinance, Art. VII., Sec. 7-18). 1 would note, however, that the proposed
revisions to the Salem Zoning Ordinance will (if adopted) expand the Planning
Board's scope of review pursuant to Site Plan. (See attached draft).6 There will
be a distinction between "minor site plan review" (< 2000 square feet) and
"major' all other (nonresidential or multi-family residential with four or more
dwelling units). There will also be review of parking lot expansion/construction.
At present, it does not include "access roads" as is the issue here; however, that
can be considered.
I hope this information is helpful to you. If you have any additional questions, do
not hesitate to contact me
Very best regards,
i
Jo D. Keenan,
Ci olicitor
En
cc. Stan Bornstein, DPW
Peter Strout, Bldg. Insp.
Denise Sullivan, Asst. City Planner
Chris Drucas, Esq.
James Gilbert, Asst. City Sol.
5 Although not applicable here, in the entrance corridor, the threshold is reduced to 2,000
square feet.
6 The proposed revisions will need approval of the City Council. As soon as we have a
final draft, we will forward to the Planning Board and City Council for review and
scheduling of a joint public hearing. Councilor Regina Flynn has been very involved in
this process as well and attended many of our public meetings discussing said revisions.
1
authority may deem necessary to serve the purposes of this
ordinance . Such conditions may include, but are not limited to:
private disposal of waste; deadline to commence construction;
signage; alarm system; limits on vehicles, number of students,
gender of residents, noise, possession of substances; maintenance
requirements; landscaping, parking spaces; dust control; term for
years with or without automatic renewals; sewer connection; bond;
limitation to the term of ownership or use by the applicant .
9370 . Lapse. Special permits shall lapse if a substantial use
thereof or construction thereunder has not begun, except for good
cause, within 24 months following the filing of the special
permit approval (plus such time required to pursue or await the
determination of an appeal referred to in G. L. c. 40A, s . 17 ,
from the grant thereof) with the City Clerk.
9380 . Regulations . The special permit granting authority may
adopt rules and regulations for the administration of this
section.
9390 . Fees . The special permit granting authority may adopt
reasonable administrative fees and technical review fees for
applications for special permits .
9400 . SITE PLAN REVIEW
9410 . Applicability. The following types of activities and
uses require site plan review by the Planning Board:
9411 . Construction, exterior alteration or exterior
expansion of, or change of use within, a municipal,
institutional, commercial, industrial, or multi-family
structure with four of more dwelling units;
9412 . Construction or expansion of a parking lot for a
municipal, institutional, commercial, industrial, or multi-
family structure or purpose .
9420 . Procedures . Minor site plan approval, as set forth in
Section *, below, shall follow the procedures set forth herein.
Major site plan review shall require a public hearing in
accordance with the procedures set forth in G. L. c . 40A, ss . 9
and 11 . Applicants shall submit five (5) copies of the site plan
to the Planning Board for review, and within three (3) days
thereafter shall also submit a copy of the site plan to the City
Council, Board of Health, Board of Public Works, Building
Inspector, City Engineer, and Conservation Commission for their
advisory review and comments . The Planning Board shall review
and act upon the site plan, with such conditions as may be deemed
63
appropriate, within sixty ( 60) days of its receipt, and notify
the applicant of its decision . The decision of the Planning
Board shall be upon a majority of those present and shall be in
writing . No building permit or certificate of occupancy shall be
issued by the Building Inspector without the written approval of
the site plan by the Planning Board, or unless 60 days lapse from
the date of the submittal of the site plan without action by the
Planning Board.
9421 . Application for Building Permit . An application for
a building permit to perform work as set forth in Section
9410 available as of right shall be accompanied by an
approved site plan .
9422 . Application for Special Permit or Variance . An
application for a special permit or a variance to perform
work as set forth in Section 9410 shall be accompanied by an
approved site plan; in the alternative, any special permit
or variance granted for work set forth in Section 9410 shall
contain the following condition:
The work described herein requires the approval of a
site plan by the Salem Planning Board pursuant to
Section 9400 of the Zoning Ordinance . Any conditions
imposed in such site plan approval shall also be
conditions of this special permit/variance .
9423 . Where the Planning Board approves a site plan "with
conditions", and said approved site plan accompanies a
special permit or variance application to the Board of
Appeals, the conditions imposed by the Planning Board shall
be incorporated into the issuance, if any, of a special
permit or variance by the Board of Appeals .
9424 . Where the Planning Board serves as the special permit
granting authority for proposed work, it shall consolidate
its site plan review and special permit procedures .
9425 . The applicant may request, and the Planning Board may
grant by majority vote, an extension of the time limits set
forth herein.
9426 . No deviation from an approved site plan shall be
permitted without modification thereof .
9430 . Preparation of Plans . Applicants are invited to submit a
pre-application sketch of the proposed project to the Planning
Board and to schedule a comment period at a regular meeting of
the Planning Board. Site Plans shall be submitted on 24-inch by
36-inch sheets . Plans shall be prepared by a Registered
64 -
Professional Engineer, Registered Land Surveyor, Architect, or
Landscape Architect, as appropriate . Dimensions and scales shall
be adequate to determine that all requirements are met and to
make a complete analysis and evaluation of the proposal . All
plans shall have a minimum scale of 1"=20 ' .
9440 . Contents of Plan. The contents of the site plan are as
follows :
9441 . Six (6) separate plans prepared at a scale of one ( 1)
inch equals twenty (20) feet or such other scale as may be
approved by the planning board. The plans are as follows :
a . Locus plan, at a scale of one (1) inch equals one
hundred (100) feet, showing the entire project and its
relation to existing areas, buildings and roads for a
distance of one thousand (1, 000) feet from the project
boundaries or such other distance as may be approved or
required by the planning board.
b . Site layout, which shall contain the boundaries of
the lot (s) in the proposed development, proposed
structures, drives, parking, fences, walls, walks,
outdoor lighting, loading facilities, areas for snow
storage after plowing, and all proposed recreational
facilities and open space areas .
C. Topography and drainage plan, which shall contain
the existing and proposed final topography at two-foot
intervals and plans for handling stormwater drainage,
and all wetlands including floodplain areas .
d. Utility plan, which shall include all facilities
for refuse and sewage disposal or storage of all
wastes, the location of all hydrants, fire alarm and
firefighting facilities on and adjacent to the site .
e . Architectural plan, which shall include the ground
floor plan and architectural elevations of all proposed
buildings and a color rendering.
f . Landscaping plan, showing the limits of work,
existing tree lines, and all proposed landscape
features and improvements including screening, planting
areas with size and type of stock for each shrub or
tree, and including proposed erosion control measures .
9442 . The site plan shall be accompanied by a written
statement indicating the estimated time required to complete
the proposed project and any, and all phases thereof . There
65
shall be submitted a written estimate, showing in detail the
costs of all site improvements planned.
9443 . A written summary of the contemplated projects shall
be submitted with the site plan indicating, where
appropriate, the number of dwelling units to be built and
the acreage in residential use, the evidence of compliance
with parking and off-street loading requirements, the forms
of ownership contemplated for the property and a summary of
the provisions of any ownership or maintenance thereof,
identification of all land that will become common or public
land, and any other evidence necessary to indicate
compliance with this ordinance .
9444 . The site plan shall be accompanied by drainage
calculations by a registered professional engineer . Storm
drainage design must conform to City of Salem subdivision
regulations .
9445 . The Planning Board may require a DIS as set forth in
Section 9300, above .
9446. Certification that the proposal is in compliance with
the provisions, if applicable, of the Americans with
Disabilities Act and the Massachusetts Architectural
Barriers Board.
9450 . Waiver of Compliance; Minor and Major Site Plans. The
Planning Board may, upon written request of the applicant, waive
any of the technical requirements of Section 9430 and 9440 where
the project involves relatively simple development plans or
constitutes a minor site plan . An application for permits to
build, alter or expand any nonresidential building, structure or
use in any district where such construction will not exceed a
total gross floor area of 2000 square feet, or an application
which will not generate the need for more than 10 parking spaces
shall be deemed a "minor site plan. " For the purposes of
computing the total gross floor area of a minor site plan, the
Planning Board shall aggregate all such applications made within
the five (5) previous calendar years . Minor site plans shall set
forth all of the information required by Section 9440; provided,
however, that the scale of the site plan may be 1 ' = 80 ' , and the
plan may depict topographical contours at intervals available on
maps provided by the United States Geological Survey.
9460 . Approval. Site Plan approval shall be granted upon
determination by the Planning Board that the plan meets the
following objectives . The Planning Board may impose reasonable
conditions at the expense of the applicant, including but not
limited to those set forth in Section 9360, to promote these
66
objectives . Any new building construction or other site
alteration shall provide adequate access to each structure for
fire and service equipment and adequate provision for utilities
and stormwater drainage consistent with the functional
requirements of the Planning Boards Subdivision Rules and
Regulations . New building construction or other site alteration
shall be designed in the Site Plan, after considering the
qualities of the specific location, the proposed land use, the
design of building form, grading, egress points, and other
aspects of the development, so as to:
9461 . Minimize the volume of cut and fill, the number of
removed trees 6" caliper or larger, the length of removed
stone walls, the area of wetland vegetation displaced, the
extent of stormwater flow increase from the site, soil
erosion, and threat of air and water pollution;
9462 . Maximize pedestrian and vehicular safety both on the
site and egressing from it;
9463 . Minimize obstruction of scenic views from publicly
accessible locations;
9464 . Minimize visual intrusion by controlling the
visibility of parking, storage, or other outdoor service
areas viewed from public ways or premises residentially used
or zoned;
9465 . Minimize glare from headlights and lighting
intrusion;
9466. Minimize unreasonable departure from the character,
materials, and scale of buildings in the vicinity, as viewed
from public ways and places .
9467 . Minimize contamination of groundwater from on-site
waste-water disposal systems or operations on the premises
involving the use, storage, handling, or containment of
hazardous substances;
9468 . Ensure compliance with the provisions of this Zoning
Ordinance, including parking and landscaping .
9470 . Lapse. Site plan approval shall lapse after two years
from the grant thereof if a substantial use thereof has not
sooner commenced except for good cause . Such approval may,
for good cause, be extended in writing by the Planning Board
upon the written request of the applicant .
9480 . Regulations; Fees . The Planning Board may adopt and from
67
time to time amend reasonable regulations for the administration
of these Site Plan guidelines . The Planning Board may adopt
reasonable administrative fees and technical review fees for site
plan review.
9490. Appeal . Any decision of the Planning Board pursuant to
this Section 9400 shall be appealed in accordance with the
provisions of G. L. c. 40A, s . 17 to a court of competent
jurisdiction.
68
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of Jakmi-1,
Aw
S
November 20, 1995
Mr. Leo E. Tremblay
_
----Building Inspector
City of Salem
Salem, Ma. 01970
Dear Mr. Tremblay:
You are respectfully requested to appear before the Salem
City Council Committee on Government Services on Monday, December
4, 1995 -at 6:30 P. M. in the Council Chamber regarding the
enclosed.
Please bring copies of all pertinent information regarding
this matter.
vey truly yours,
DEBORAH E. BURKISP HAW
CITY CLERK
Enclosure ( 1)
o
�oNo�
CITY OF SALEM
�,1 -v
JAR
In City Council, October 26, 1995
Ordered:
That the Committee on Government Services meet with the
Health Agent, City Engineer, Fire Prevention Officer, Mayor's Chief Aide,
representatives from the State Fire Marshall's office, a representative
from State Representative J. Michael Ruane' s office to discuss drafting
legislation relative to Bardon - Trimount.
AND BE IT FURTHER ORDERED: That the Committee request all material
from the town of Swampscott be forwarded to the Salem City Council .
In City Council October 26, 1995
Adopted as amended
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
Art.VII;S 7-4
_ EMi
- - - - NUMBER OF LOADING BAYS Sec.- 7.5 Signs. _:. s_,' _ dm
REQUIRED FOR NEW STRUCTURES - --___ �*
Gross Floor Area of Structures squareOrdinance
For regulations on si� refer to the Salem�Siga ma
. pet
(in thousands of s4fed) shr
Over 300 �*
C0\
(for each Sec. 7-6. Removal of.earth products.'- sh:
additional not stone or.the remov ear
150 or (a) The quarrying
2— 15— 50— 100— 150— fraction topsoil,sand,gravel or subsoil by any person, col
Uses 15 50 100 150 300 thereon or corporation on any parcel of land in,.the,('•i _ fin
Salem shall be allowed only by special perdu ' (5) Th
Retail - - - - - the board of appeals after public note' ad
trade -hearing, and no permit shall be issuedfo = to
Wholesale and — — — — — — than two x(2)yaman
storage V__
Industry
Industry 1 2 3 4 5 ate
1 (b) However, these regulations shall novaP� t
where such removal or quarrying is necesBatil"
Communi- - - - - - inciflental to or in connection with.the.const'
cations and tion, alteration, excavation or grading fo" Sec. 74
utilities building,road or other facility involvmg a perms-
royldedthaE In oro
Consumer - - - - - nent change in the use of the land, p intersec
service there is reasonable assurance that the-con - structur
office - - - - tion will be diligently carried on until completion above th
building Removal or quarrying by special permit shall bei placed c
Hotel and 1 1 2 3 4 1 subject to the following conditions: ," formed
dormitory (1) It must be determined that the removal or straight
Institution - - - - - - quarrying is not seriously detrimental to. which a
- - the neighborhood.Removal operations shall paint of
Recreation - - - lines.
not be performed closer than three hundred -
Education - - - - (300)feet to a public road or to anye s
(5) New nonresidential uses in the B-5 District dwelling, school or park. Removal.opera Sea 7
shall not be subject to the above schedule of tions as a nonconforming use of land shall .s t,
u:.,
requirements but shall be subject to the fol- not be extended beyond the property liiiess #` z Accee
lowing schedule: of the particular parcels upon which such , rages a
operations are in progress at the time of lowing
Gross Floor Area 'e:. (1) T
of Structures the adoption of this ordinance- ` r
(square feet) Required Loading Bays + ed of
none* (2) At no time shall quarries be maintain . .>
0-20,000 levels such that groundwater and.surface
20,001-40,000 1
Each additional 40,000 1 water accumulate. Such areas shall ei ti (2)
e filled or drained.
or fraction thereof b
* Loading facilities and service areas for (3) Where there is any open excavation,the,,,
ret
these uses shall be publicly provided shall be a substantial fence with suitable,.;
through incorporation of service accessgates completely enclosing the portion a
privileges in public open spaces and the property in which the excavation is 1oit 3 (3)
rights-of-way,provided they do not ad- sated and such fence shall be located nOf
versely affect desired vehicular or pe- closer than fifty (50) feet from the edge
destrian traffic flows. such excavation.
(4) When the removal or quarrying is discon*�
tinued, the earth shall be reshaped to rem
i 32
1.
Z:
SUPPLEMENTARY REGLJULTI9 ._-- _ . ING6RDINAMCE-- - -
duce-the disfigurement of the-land,-with a The building area of such building or struc-
maximum allowable slope of twenty (20) ture, excluding garages, shall not exceed
percent.In case of topsoil removal,the area one (1) percent of the lot area or one hun-
shall be seeded and maintained until plant dred twenty(120)square feet, whichever is
cover is.well established. These measures greater,and shall not be located closer than
ift shall be taken progpessively as the use of ten (10) feet to any other buildinTon the
each part for removal or quarrying is dis. same lot or any abutting lot.
f continued and shall not be postponed until
final abandonment of the entire operation. Sec. _7.9. Lot in two districts:.
(5) The board of appeals may impose whatever Where a district boundary line divides.a lot of
t, additional requirements it deems necessary
to accomplish the purposes herein stated, record at the time such line is adopted, theaegu-
' and such requirements,in addition to those lotions for the less restricted portion of such lot
stated above, shall be considered as condi- shall extend not more than thirty (30) feet into
tions of the special permit. the more restricted portion, provided that the lot
has frontage on a street in the less restricted dis-
Sec. 7.7. Visibility at intersections. t;ict.
f In order to provide unobstructed visibility at Sec. 7.10. Swimming pools.
intersections, no sign, fence, wall, hedge or other
structure or planting of more than three (3) feet (a) General.Pools used for swimming or bathing
above the established street grade shall be erected, shall be in conformity with the requirements of
placed or maintained within the triangular area this ordinance; provided, however, these.regula- II
'r formed by the intersecting street lines and a tions shall not be applicable to any such pool less
straight line joining said street lines at points than twenty-four(24)inches deep or having a sur- l
which are twenty-five (25) feet distant from the face area less than two hundred fifty(250)square
point of intersection, measured along said street feet.For purposes of this ordinance,pools are clan-
lines. sifted as private swimming pools or public swim-
ming pools.
Sec. 7.8. Accessory buildings and structures. (y) Classification of pools. Any pool intended to
Accessory buildings and structures, such as ga- be used primarily for swimming for the use only
rages and tool sheds, shall be subject to the fol- of the occupants of a one- or two-family dwelling
lowing regulations: and their guests shall be designated as a private
pool, primarily for swimming. Any pool which is
(1) No accessory building or structure shall be not a private pool as defined above shall be clas-
located within any required front yard or sified as a public pool.
within any side yard of a corner lot.
(2) No accessory building or structure shall be (c) Permits.
located nearer than ten(10)feet to the prin- (1) No swimming pool subject to the provisions
cipal building, unless such accessory of this ordinance shall be constructed, in-
building or structure is attached to the prin- stalled, enlarged or altered until a swim-
'; cipal building. ming pool permit has been obtained from
(3) No unattached accessory building or struc- the inspector of buildings.
ture shall be located nearer than five (5) (2) The application for the permit for a pool
feet to any side lot line (side lots in this shall be accompanied by two (2) copies of a
instance refer to a projected line starting plot plan showing the location of the pool
from the front lot line, terminating at the and its relation to property lines and other
rear lot line parallel five (5) feet from the structures upon the lot and names of abut-
side) or five (5) feet from the rear lot line. tors of adjoining property, one (1) copy of
r ..
33
K
TOWN OF SWAMPSCOTT
OFFICE OF THE CLERK-COLLECTOR-TREASURER
Jack L . Paster
Town Administration Building , Swampscott , MA 01907
596-8856
COPY OF VOTE PASSED UNDER ARTICLE 75
AT THE ADJOURNED ANNUAL TOWN MEETING OF 1994
ARTICLE 75 . To see if the Town will vote to amend the Town By-
Laws by adding the following:
Earth Removal
Section 1--Definitions
( a ) For the purposes of this by-law, "earth" shall
include soil , sod , loam , peat , humus , clay , sand ,
stone , gravel and rock .
( b ) For the purposes of this by-law , "Board" shall
mean Board of Selectmen .
Section 2--Exemptions
( a ) Notwithstanding the provisions hereof , no permit
shall be required for the removal of earth from:
1 . Any parcel in connection with the lawful
construction of a residential' building
or structure thereon or the lawful
construction of a driveway or sidewalk
incidental to any such building or structure ,
provided that the quantity of material removed
does not exceed that actually displace by the
portion of building , structure , driveway or
sidewalk below finished grade:
Section 3--Earth Removal Procedure
( a ) Permit Required--The removal of more than 600 cubic
yards of earth from any parcel of land shall , except
as hereinafter provided , be allowed only in
accordance with a written permit therefore issued
by the Board of Selectmen . The Board may grant a
permit for such removal and for 91
n accordance with the p WIFY a ter
. Any permit granted hereunder shall lapse
within six ( 6 ) months if substantial use has not
sooner commenced , except for good cause shown to the
Board of Selectmen . No permit for removal shall be
granted unless the Board finds that such removal
( subject to the conditions imposed by the permit )
will not be contrary to the best interests of the
Town: and no removal operations subsequently
constructed under such permit shall continue if
contrary to such interests . For this purpose ,
removal of earth material shall be considered
contrary to the best interest of the Town which:
2
1 . will be injurious or dangerous to the public
health or safety :
2 . will produce noise , vibration , dust or other
effects in amounts which are unreasonable ,
detrimental or otherwise interfere with the
normal use of adjacent property or otherwise
creates a nuisance :
3 . will have a material adverse effect on the
health , safety or overall quality of life for
the inhabitants of the Town:
4 . will have an adverse effect on natural
resources , including but not limited to the
recharge of water table or condition of the
surface water .
5 . will cause excessive traffic congestion or
damage to roadway surfaces .
( b ) Application For Permit--Any person wishing to remove
more than 600 cubic yards of earth from a property
shall file a formal application with the
Board of Selectmen , which application shall include
the following specific information and supporting
documentation=
1 . the location of the proposed excavation:
2 . the legal name and address of the owner of the
property involved:
3 . the legal name and address of the petitioner ,
which address shall be used by the Board for
all correspondence hereunder :
4 . property lines , names and addresses of all
abutting property owners within three hundred
( 300 ) feet of the property line , including those
across any streets:
S . a detailed plan of the land involved , prepared
by a Registered Civil Engineer , or a registered
surveyor , and acceptable to the Board , at a
scale of 1 "-20 ' , or as determined appropriate ,
showing the entire parcel of land based on a
perimeter survey and showing existing topography
by five ( 5 ) foot contours within one hundred
( 100 ) feet of , and including , the site of the
proposed excavation or to the property line .
This contour plan shall show locations of a
sufficient number of test borings made to
determine the average depth of top soil before
excavation .
6 . a detailed plan of the land involved , prepared
by a Registered Civil Engineer , or a registered
surveyor , and acceptable to the Board , showing
five ( 5 ) foot contours of the site as of the
completion of the excavation project , all drawn
• 3
to a scale acceptable to the Board . The plan
shall further show the maximum depth that the
applicant intends to excavate , the type of
material the applicant intends to extract from
the land , the manner and depth in which he shall
replace the top soil , and the type of reseeding
and planting he proposed to use:
7 . natural features such as wetlands , the 100-year
flood plain , ground cover and surface and ground
water . Water-table elevation shall be
determined by test pits and soil borings . A log
of soil borings shall be included , taken to the
depth of the proposed excavation , congruent with
the size and geological makeup of the site;
8 . a topographical map showing drainage facilities ,
final grades , and proposed vegetation and trees ;
9 . erosion and sediment-control plan;
10 . the amount and cost of proposed restoration
materials;
11 . the proposed form of performance security to be
used; and
12 . copies of the information outlined in the above
articles one ( 1 ) through twelve ( 12 ) shall be
filed with the Town Clerk and the Board of
Selectmen .
Section 4--General Limitations:
( a ) In granting a permit hereunder , the' Soard _ of
Selectmen shall impose reasonable conditions
especially designated to safeguard the neighborhood
and the Town. These conditions shall be written
upon and shall constitute part of the Written
permit , including , but not limited to:
1 . method of removal ;
2 . type and location of structures;
3 . fencing;
4 . , hours of operation;
S . routes for transporting the material through
the Town;
6 . the duration of the removal operations;
7 . the area and depth of excavation;
8 . the reestablishment of ground levels and grades ;
9 . the steepness of slopes excavated;
10 . provisions for temporary and permanent drainage ;
11 . disposition of boulders and tree stumps ;
12 . grading of slopes and replacement of loam over
the area of removal ;
13 . planting of the area to suitable cover ,
including trees , necessary to restore the
area to usable condition;
14 . distance from excavation to street and lot
lines ;
4
15 . the distance , .vegetation and other materials
and qualities required to provide adequate
buffer for noise , dust , aesthetics and safety
from excavation and associated structures ,
machinery and operation thereof : and
16 . Corrective measures to be taken to restore areas
of past removal operations in the case of an
application for continuation of an existing
removal operation .
17 . Consideration of pollution insurance .
( b ) No permit for the removal of earth shall be approved
by the Board if the work extends within two hundred
( 200 ) feet , measured horizontally , of a way open to
public use , whether public or private , or on an
adjacent property line , or within one hundred fifty
( 150 ) feet ( two thousand five hundred ( 2 ,500 )
feet for the removal of over one thousand
( 1 ,000 ) cubic feet of earth ) of a building or
structure , unless the Board is satisfied that such
removal will not undermine the way or structure .
( c ) No excavation not intended for approved building
purposes nor other activity or building shall be
within 100 feet , measured horizontally , of a stream ,
pond , wetland as defined under G .L . , Chapter 131 ,
Section 40 , or the 100-year flood elevation of
any waterbody , nor shall it effect such , _except
where another town board or committee has
specifically ordered such excavation
as part of a compensatory-storage plan .
( d ) No area shall be excavated so as to cause
accumulation of free standing water unless the Board
of Selectmen shall , with the approval of the
Conservation Commission , permit creation of a pond
in an area not used for drinking water . Permanent
drainage shall be provided in accordance with good
conservation practices . Drainage shall not lead
directly into streams or ponds , unless approved by
the Board and Conservation Commission and otherwise
properly permitted by other regulating governmental
agencies .
( e ) All top soil and subsoil stripped from operation
areas shall be stockpiled and used in restoring the
area .
( f ) any temporary shelters or buildings erected on the
premise for use by personnel or storage of equipment
shall be screened from public view and shall be
removed from the premises within 60 days after the
permit has expired or been revoked .
( g ) Operation hours shall be strictly regulated .
No Sunday or holiday hours are permitted .
However , the Board of Selectmen may further
limit hours of operation if it determines
s
the public good will be served . Trucks may enter
and leave the premises only within such hours . All
loaded vehicles shall be suitably covered to prevent
dust and contents from spilling and blowing from the
load .
( h ) Trucking and access routes and methods shall be
subject to approval of the Chief of Police .
( i ) All access roads leading to public ways shall be
treated with suitable material to reduce dust and
mud for a distance of 200 feet back from the way .
The operator shall clean up any spillage on public
ways .
( j ) Access roads shall not drain directly onto public
ways .
( k ) Permits for the removal of earth material shall
be issued for a period of not more than one ( 1 )
year .
( 1 ) Any permit issued hereunder shall automatically
expire upon the completion of the earth removal
project for which it was issued , or at such other
time as may be specified in such permit . A permit
issued hereunder is not transferable and no work
under any such permit shall be performed except
by the holder thereof .
( m ) The Board of Selectmen shall require a surety
bond , cash or other adequate security to insure
compliance with the terms , conditions', limitations ,
and safeguards of such permit and such regulations
and to indemnify the town for any harm to any well ,
road , wetland or other resource caused by such
removal , the removal operations , the equipment
used on the premises or by ancillary activities .
( n ) All applicants are required to provide the Town
of Swampscott with a hold harmless agreement along
with a certificate of insurance subject to the
minimum of one million dollars ( $1 ,000 ,000 )
single limit .
( o ) The bond or cash deposit shall be held by the
Treasurer for one ( 1 ) year after termination
of the project or until all conditions as
required by the Board have been completed
to the satisfaction of the Selectmen . If after
eighteen ( 18 ) months from the issuance of the permit
all conditions as required by the Selectmen
have not been completed , ( especially grading and
seeding ) the Selectmen will use said monies to
comply with the originally state conditions .
( p ) No permit issued hereunder shall authorize any
activity which is in violation of any Zoning By-Law
of the Town .
1 6
Section 5--Specific Limitations
No permit for removal of earth or operations
accessory thereto shall be approved by
the Board except upon the following conditions:
( a ) Retained subsoil and topsoil shall be spread over
the disturbed area and treated with appropriate
fertilizer or other suitable material and seeded
with an appropriate mixture of grass or legume
mixture as prescribed by and as determined
appropriate by the Board of Selectmen . Trees
or shrubs of prescribed species will -be planted
to provide screening and reduce erosion during
the establishment period .
( b ) Restoration shall be carried on simultaneously with
excavation , so that when any five ( 5 ) acres has been
cleared and stumped and five ( 5 ) acres is in active
mining operation , at least five ( 5 ) acres shall be
restored before work commences ( including building
haul roads ) on the next contiguous five ( 5 ) acres .
Final restoration work shall be completed within a
reasonable time after expiration or withdrawal of
a permit or upon cessation of operations .
( c ) Only in extreme circumstances , and only if
additional , reasonable safety measures are
provided , no slope shall be steeper than 2: 1 ( two
feet horizontal to one foot vertical.)( 50% ) : 4: 1
( four feet horizontal to one foot vee`tical ) is
preferred for erosion control and shall be required
in sensitive areas .
( d ) Unless the permit conditions expressly require
alteration of drainage patterns , the land shall be
left so that natural storm drainage shall leave the
property at the original natural drainage points:
and so that the total discharge at peak flow and the
area of drainage at any one point , is not increased .
( e ) Natural vegetation shall be left and maintained on
undisturbed land for screening , safety noise and
dust reduction and erosion control purposes .
Section 6--Existing Operations
Earth removal activities in lawful operation at the
time this By-law is adopted may continue under the
existing terms for a period up to three ( 3 ) months
only if application is pending under the terms of
this By-law . This period may be extended an
additional three ( 3 ) months by the Board of
Selectmen . Additionally , existing quarry operations
are exempt from the provisions of Section 5 ( b ) and
( c ) of this By-Law .
7
Section 7--Permits for Proposed Subdivisions
It is the intention of this By-law that the removal
from any parcel of land for which a preliminary or
definitive subdivision plan has been prepared shall
be allowed only in the same manner as removal from
other parcels of land in the Town . Consequently ,
tentative or final approval of a subdivision plan
by the Planning Board shall not be construed as
authorizing the removal of earth materials from
the premises , except that which is to be removed
in compliance with the requirements of this By-Law .
For the purposes of this By-Law , the original parcel
or parcels from which the subdivision is created
shall be considered one .
Section 8--Notice and Hearing
No permit for the removal of earth material shall
be issued by the Board , until a public hearing
is held thereon , by the Board of Selectmen , due
notice of which shall be given by them , at the
expense of the applicant , at least fourteen ( 14 )
days in advance , in a newspaper commonly used for
such notices in the community , the posting of copies
thereof on municipal bulletin boards , and _the
mailing of copies thereof to property owners within
three hundred ( 300 ) feet of the property line ,
including those across any streets .
Section 9--General Administration
( a ) The Board of Selectmen shall exercise the powers and
duties hereunder .
( b ) The Board or its designee may enter upon the
premises involved from time to time to inspect and
ensure proper conduct of the work .
( c ) Upon the petition of the owner , permit holder ,
abutters , or upon its own initiative , the Board may
hold a new hearing and reissue or modify the permit ,
subject to any conditions not in conflict with the
By-law .
( d ) The Board may order revocation of or suspension of
the permit if the conditions established hereunder
are not complied with , and the permit holder in such
situations shall not be relieved of his obligations
thereunder .
Section 10--Fees
The Board shall establish such fees for the issuance
of permits as it shall find necessary for the
administration of this By-law , taking into
consideration the costs of clerical , civil
engineering consultants , legal , and inspection
expenses .
e
Section 11--Violations
( a ) The Board , if it concludes that there has been a
violation of this By-law or of the conditions of any
permit issued hereunder , shall send to the permit
holder or other offender , by registered mail to the
address stated on the initial application , if an
application has been filed , or shall post on the
premises if no address can reasonably be
ascertained , a notice ordering a cessation of the
improper activities .
( b ) If a permit holder , or other offender , persists in
such violation , in addition to the imposition of
of penalties listed below , the Selectmen shall seek
injunction through appropriate legal action . The
penalty for removing earth in violation of this By-
law shall be a fine of five hundred dollar ( $500 .00 )
for the first offense , one thousand dollars
( $1000 .00 ) for the second offense , and one thousand
dollars ( $1 ,000 .00 ) for each subsequent offense or
otherwise up to the limit allowed by law .
( c ) In the event that permit holder persists in such
violations , the Board may notify the permit holder
by mail or posting as above , of a hearing to be held
not less than four ( 4 ) days thereafter to show cause
why said permit should not be revoked , and following
said hearing , may in its discretion , revoke or amend
the permit .
( d ) If a permittee fails to comply within thirty ( 30 )
days of a written notice from the Board of Selectmen
of any deviation from the approved operating plan ,
the Board of Selectmen may take such action as is
necessary to correct the deviations . In the event
of such an undertaking by the Board of Selectmen ,
the owner of the land shall reimburse the Town for
expenses incurred in connection therewith and such
expenses shall constitute a lien upon the entire
tract of land approved in the permitting process .
( e ) The Board of Selectmen may bring suit in the name
of the Town of Swampscott to restrain any violation
of or noncompliance with the provisions of these
regulations .
Section 12--Validity
The invalidity of any section or provision of the
By-law shall not invalidate any other section or
provision thereof .
Section 13--Compliance With Other Rules and Regulations
Notwithstanding any of the foregoing rules and
regulations , the applicant shall comply with all
other applicable local , state and federal laws ,
regulations , rules and guidelines .
a
9
Sectio„n;_14.--Earth Removal Advisory Committee
The Earth Removal Advisory Committee ( hereinafter
referred to as the "Committee" ) shall be established
as follows and have the following powers and duties:
( a`) The Committee shall consist of six ( 6 ) members , all
residents of the town . One ( 1 ) member shall be chosen
annually by the Board of Health . One ( 1 ) member shall
be chosen annually by and from the Planning Board to
serve a one-year term . One ( 1 ) member shall be
chosen from the Conservation Commission to serve
a one ( 1 ) year term . Three ( 3 ) members shall be
appointed by the Selectmen initially for one ( 1 ) ,
two ( 2 ) and three ( 3 ) years , respectively , and as
their terms expire their successor shall be appointed
for terms of three ( 3 ) years . The terms of the
members appointed by the Selectmen shall begin
and end at the Annual Town Meeting nearest to the
date of their appointment and third anniversary
thereof , respectively . Any member may be appointed
to succeed himself . An excavation engineer shall be
appointed as a non-voting member . Other non-voting
members may also be appointed .
( b ) The Committee shall file with the Board of Selectmen
a written report , with recommendations , at or within
twenty-one ( 21 ) days of each hearing held pursuant to
the provisions of this by-law , and no such permit may
be granted until such report has been filed or until
such committee has allowed twenty-one ( 21') days
to elapse after such hearing without filing a report .
( c ) The Committee shall from time to time file such
reports relating to earth removal as the Selectmen
may require or as the Committee shall deem necessary
or desirable .
Section 15--Rules and Regulations
The Board of Selectmen may adopt rules and regulations
not inconsistent with the provisions of this by-law
for conducting its business and otherwise carrying out
the purposes of this by-law .
Section 16--Blasting
No blasting shall be allowed unless permitted , with
conditions imposed , by the Fire Chief and otherwise
in conformance with state and federal law ,
or take any action relative thereto .
Sponsored by the Board of Selectmen and the Earth
Removal Study Committee
to
r
Voted Article 75. That the Town amend the General By-Laws of the Town of
Swampscott as specified in the Article.
XV
Date-
5/4/94 A true copy . Attest:
Unanimous Vote
X Majority Vote ,lack L . Paster
Clerk of Swampscott
Counted Vote: _.Yes: _No
ROAM) OF SELECTIVIAN
TOWN OF SWANIPSC'O I'.1'
APPLICATION FOlt PlsRlVll"f Oh LAIC"1'll R1?1lOVr\L"
(Applicable if inicnding Io remove mule lhnn 600 cubic yards ur canh)
1. Legal Name autl Address of Owucr:
Bardon-Tfimounl> Inc.
70 Blanchard Road
Burlington, MA 01603
Contact Person on site: M
Address: all'[' IvlcKcnncy, (luany SupCrintcndcnt
Bardon=l'rimounl/Lyli❑ Sand Division
Danvers Road
Swampscorl, MA 01907
Phone No: 617-596-4105
Car: 617-755-2255
Beeper: 617-ti61-0563
2. Locatiun of Proposed l xcavatimt:
Proper
by
nc., locned al
Massachuseltsla ono<e p rti ularly shown on a delailed plan I)le avers oo'as LXhibil l�"tt,
3. Legal Name and Address of the Petilioner:
Bardon-Trimount, Inc.
70 Blanchard (toad
Burlington, MA 01603
4. Names and Address of all Abutting Properly Owners:
(Note: All abutters within 300 feel 01, he property lines including lllosc acros Iec:t
Name
fl�l�G'e.r.r
See attached schedule of ahuttcrsl3xhibit 2.
BOAIW OF SELLCfMAN
TOWN OF SWAhIPSCO'1"l'
APPLICATION FOR PERMIT OF LART11 REMOVAL.
5. What Form of Performance Security is to he tised?
National Union Dire Insurance; Co.
Aggregate Policy Limit - $4,000,000,00
Agent: Sedgwick
40 Broad Street
Boston, MA
6. (a) Name and address of representative or individual to euntact
concerning the application and for notification purposes.
John Harrington, General Counsel - Bardun 'I'rinwuiu
70 Blanchard Road
Burlington, MA 01803
(617) 221-8,100
(b) Name anti address of legal representative.
Chris Drucas
Attorney for Bardon Trimount
One Brown Street Court
Salem, MA U 1970
(508) 741-7400
BARDON TRIMOUNT
C
John L. Harrington
(� General Counsel
V
BARDON TRIMOUNT, INC.
LYNN SAND & STONE DIVISION
SWAMPSCOTT EARTH REMOVAL PERMIT NARRATIVE
A. OVERVIEW
The Lynn Sand and Stone Quarry produces and markets rock ranging in
size from 10 ton shore protection barrier stone to asphalt sand.
The majority of the business in to supply maLerials to state and
federal public works projects.
The company employs approximately 30 personnel on site with another
40 drivers working off site. The business is seasonal with on site
activities primarily limited to repair functions during the winter
months .
The quarry excavates in excess of 600 cubic yards of rock per year
and is, therefore, subject to permit.
B. QUARRY
The quarry operation produces during the spring, summer and fall
months . Several individual steps occur to produce a ton of stone.
Phase one is the planning of the quarry activiLles and its
correlation to the products required for sale. Bardon/Lynn has a
technical staff of an engineer and qeologist who conduct this
planning.
The quarry operation begins with the removal of overburden by
bulldozer and backhoe. The overburden is placed in a berm/storage.
It is seeded to prevent erosion and the berm provides a barrier
within the property.
The blasting contractor establishes blast patterns that are
engineered to produce a minimum of vibration and noise. Drills
then auger holes into the rock. The contractor loads the blast
holes with explosives and detonates them. The muck rock prodiiaed
by the blast is loaded into 50 ton off road trucks by a Caterpillar
992C loader. The trucks haul and dump the muck rock into the 60 x
48 primary jaw crusher.
C. CRUSHING
The crushing phase of the operation is a combination of crushing in
secondary and tertiary stages in conjunction with screens that size
the stone . After having been sized, the stone fills storage silos
for hauling to the inventory piles located in the quarry.
The inventory is loaded out by a smaller Caterpillar 980C class
loader into customers ' trucks . The customers ' trucks. are weighed
at the scale house for billing.
e
The quarry rock removal will be minor in 1995 from the Swampscott
portion Of the quarry. Only the small amount from the drop cut
(orange) and the northern corner are planned for 1995 .
D. ENVIRONMENTAL CONTROLS
The company utilizes several means to mitigate environmental and
social concerns .
Dust - Dust is suppressed in the quarry by use of a water
truck. water is sprayed on the haul roads to minimize dust
emissions generated by truck traffic . The water truck also
sprays the muck pile prior to loading into the off road trucks
to suppress dust while loading. This action also suppresses
dust while dumping into the crusher and throughout the
crushing circuit. A water spray system sprays water onto the
stock piles and certain haul roads to contain dust in the
areas . A water spray system is utilized on the crushing side
to suppress dust while crushing . In the screening plant, a
dust collection system is in place. New to the operation in
1995 is the addition of the wet plant . The effect of this
plant is that all stone dust will be washed and the airborne
dust will be nil from the stock pile. The current stone dust
pile has been, and will be, treated with an encrusting agent
to minimize airborne dust from this pile.
The Federal Mine safety and Health Administratlon regularly
tests the quantity and quality of the dust as if affects the
workers on site. The results from these tests show minimal
impact on health.
Noise - Noise has been addressed by different means . The
methodology of delivering stone has been altered so that
mobile equipment operates at a minimum during off peak hours .
This was achieved in cooperation with the Swampscott Health
Department. The hours of operation of the quarry have been
established in previous town agreements to be as follows :
The primary crushing plant can operate on weekdays
botween 6 :00 am and 8 :00 pm, and on Saturdays from 6 : 00
am to 3 :00 pm. The secondary sizing plant can operate
from 8 :00 am to 10:00 pm on weekdays and from 6 : 00 am to
5 :00 pm on Saturdays .
The noise from blasting is engineered to be as minimal as
possible. The biggest factor found to affect neighbors from
blasting is the frequency of blasting . The current threshold
of blasting in effect is based on out-dated technology. It
would be better to increase the size of the blast and decrease
the frequency, so long as the blasts do not exceed existing
and legal levels .
D
The mobile equipment is equipped with mufflers and with strobe
lights which operate during the hours of darkness . Vegetation
which was removed during the previous years on the south aide
will be replaced in the Spring of 1995 to act as a sound
barrier to this neighborhood
On the crushing side, the discharge from the secondary screen
is rubber lined to reduce the sound of the impact. The trucks
dumping into the crusher are required to dump stone on stone
rather than on the metal feed which reduces noise.
E. STRUCTURES
There are four general categories of structures on the property.
They are the quarry facility, the bituminous plant, the concrete
plant and the garage. These structures are all located to the
southeast of the quarry proper. Most structures are of metal and
concrete construction, due to their industrial nature .
F. FENCING
The entire property is enclosed by a metal chain link fence. The
fence is monitored by quarry personnel and verified for integrity
at least once a week.
G. TRANSPORTATION
After scaling out, 908 of all truck transportation exits left onto
Danvers Road and into Salem. Whereas Bardon can not control
deliveries into Swampscott by private haulers, those not doing so
will be encouraged to deliver via the Danvers Road/Salem route.
H. DURATION OF OPERATION
The operation is seasonal . The excavation phase occurs generally
between April 1 and November 30 . However, the season may expand or
contract depending upon the existing economic market and unusual
seasonal temperatures . Based on current estimations, there exists
a 20+ year life to the quarry.
I . AREA AND DEPTH OF EXCAVATION
The area of the excavation will remain within Lhe quarry proper as
defined by the perimeter blue line defined on the accompanying plan
map. The maximum depth to be excavated in 1995 will be -85 This
Is shown as the area colored in orange. The other areas to be
excavated in 1995 are shown in green, blue and purple.
J. RE-ESTABLISHMENT OF GRADES AND SLOPES
The nature Of the quarry business results in rock walls of a
vertical nature . These walls are inspected by federal MSHA
personnel for safety and integrity. The grades on the quarry floor
Will be near 0 with a slight slope to the south to facilitate
internal drainage to sump.
u
K. DRAINAGE
The surface drainage of the quarry is internal . All surface water
is directed to a sump by the southern stock pile area. A pump
discharges water from the sump into Fosters dam. This water is
inspected and tested monthly under the current discharge permit.
A man-made barrier exists between the discharge point and the
actual pond. Water seeps through this barrier which acts as a
filter in the unlikely event of particulate discharge. This
drainage will remain as the permanent method of de-watering the
quarry.
L. BOULDERS AND STUMPS
The boulders encountered during quarrying are either saved to be
utilized for major shores protection projects by the various
agencies (these are stored on the quarry floor) , or are broken by
drop ball and fed into the crusher. As 808 of the area to be mined
has been stripped in earlier years , stumps are not seen as a
problem. The woody material is incorporated into the berms, where
given the long life of the quarry, they will have decomposed,
thereby adding to the reclamation value of the berm material .
M. GRADING OF SLOPES AND PLANTING
Again, the slopes seen in quarry operations are vertical and
incapable of sustaining vegetation. However, those flat surfaces
which exist after cessation of mining will be covered with the berm
materials and reseeded in accordance with the local conservation
commission recommendations . As mentioned before, there will be a
spring planting of trees to the South to establish the natural berm
which was cut down in previnus years .
N. EXCAVATION DISTANCES
Excavation activities will always be 100' to the street (Danvers
Road) and will not extend beyond the fence line currently
established. Vision aesthetics to the quarry will be provided by
the natural berms provided by topography, or the company will plant
trees to provide screening (as currently exists along Danvers
Road) .
O. DISTANCE FOR SAFETY HOISEI DUST AND AESTHETICS
The perimeter blue line defining the aerial extent of the quarry
operations, represents that area which is considered to be the safe
distance for operations, dust, noise and aesthetics .
P. EROSION AND SEDIMENT CONTROL PLAN
Erosion and sediment control is accomplished by reseeding the berms
created by the stripping operations so they will not affect water
leaving the property. Water that is pumped from the premises is
tested monthly and has shown that sedl,nent is not present at
Fosters dam.
' The water that is pumped from the quarry is allowed to reside in
shallow Sump with a large surface area which beneficiates
disposition within the quarry. sediment
SZ• AMOUNT AND COST OF RESTORATION
Current bonding practices at other US locations vary
eatly. The
norm for this type of operation would be to assess hArreclamation
at $2500 per acre of wet reclamation and $4500 per acre of dry
reclamation.
R. RECLAMATION
Given that 20+ years of life are left to operate the quarry and the
changing values of the Property, it is not feasible to determine
the final disposition of the land. The ultimate best dlwpnsition
Is the one which gives best value to both the community and Bardon.
There are several options which exist which are open to analysis :
Option 1 - IndustriAi Operations
The property, being an industrial one, lends itself to
continuing the facility in the industrial vein. Types of
business that could be considered are a recycle center for
construction materials . The facility also lends itself to
being suitable for relocation of the organic recycling which
would improve the aesthetics along Danvers Road.
Option 2 - Residential
Another option for consideration will be to develop the
existing buffer land as residential lots where possible. The
quarry currently intersects the water table and if allowed to
stand would eventually fill to an equilibrium point with the
ground water table. A recreational area would be incorporated
into the master plan of "Quarry Estates" . Several successful
managers of defunct quarries and residential communities have
already taken place in other parts of the country.
Option 3 - Wildlife/Water Resource
The final option would be to commit the land to become a
wildlife-water resource area. The Town of Marblehead owns a
portion of Thompsons Meadow as a future water resource.
Utilizing the quarry as a water resource by Marblehead would
negate any deleterious effect imposed on Thompson Meadow by
development of a water rpsource there.
GENERAL CONDITIONS OF RECYCLING PERMIT
1. . The permittee shall have all equipment installed in
accordance with all applicable federal, state and local
regulations . The equipment site must have proper fire
and explosion protection features, must have proper
ventilation and provide easy access to all significant
parts of the equipment.
2 . The permittee shall install, operate and maintain
recycling equipment in accordance with all
recommendations provided by the manufacture.
3 . Permittee shall not alter the recycling device.
4 .. Permittee shall not allow materials to be introduced into
the recycling device, other than those which have been
specifically enumerated by the manufacturers or that
would result in inadequate performance of the device.
5 . The permittee shall satisfy all applicable conditions of
30 . 200 . They include but are not limited to the
following:
a. Duty to Comply. The permittee shall comply at all
times with the terms and conditions of the permit, 310
CMR 30. 000 , MGL c. 21C, MGL C. 21E, and all other
applicable state and federal statutes and regulations .
b. Duty to Maintain. The permittee shall always
properly operate and maintain all facilities, equipment,
control systems, and vehicles which the permittee
installs or uses.
c. Duty to Halt or Reduce Activity. The permittee shall
halt or reduce activity whenever necessary to maintain
compliance with 310 CMR 30. 200 or the permit conditions,
or to prevent an actual or potential threat to public
health, safety, or welfare, or the environment.
d. Duty to Mitigate. The permittee shall remedy and
shall act to prevent all potential and actual adverse
impacts to persons and the environment resulting from
noncompliance with the terms and conditions of the
permit. The permittee shall repair at his own expense
all damages caused by such noncompliance .
e. Duty to Provide Information. The permittee shall
General Conditions
-Page 2-
provide the Department, within a reasonable
time, any information which the Department may
request and which is deemed by the Department
to be relevant in determining whether a cause
exists to modify, revoke, or suspend a permit,
or to determine whether the permittee is
complying with the terms and conditions of the
permit.
f. Entries and Inspections . The permittee shall allow
personnel or other authorized agents of the Department
or authorized EPA representatives upon presentation of
credentials or other documents as may be required by law,
to:
( 1) Enter at all reasonable times any premises,
public or private for the purposes of investigating,
sampling or inspecting any records, conditions,
equipment, practice, or property relating to
activities subject to MGL c. 21C, MGL c. 21E, or
RCRA, as amended; and
(2) Enter at any time such premises for the purpose
of protecting the public health, safety or welfare,
or the environment; and
(3) Have access to and copy at all reasonable times
all records that are required to be kept pursuant
to the conditions of the permit, and all other
records relevant to the permittee ' s hazardous waste
activity or to the permittee ' s activity involving
regulated recyclable material.
g. Records. All records and copies of all applications,
reports, and other documents required by 310 CMR 30 . 200
shall be kept by the permittee for at least three (3)
years from the expiration of the permit. This period
shall be automatically extended for the duration of any
enforcement action. This period may be extended by order
of the Department. All record-keeping shall be
incompliance with 310 CMR 30 . 007 .
h. Continuing Dutv to Inform. The permittee shall have
a continuing duty to immediately:
(1) correct any incorrect facts in an application;
and
General Conditions
-Page 3-
(2) report or provide any omitted facts which
should have been submitted; and
(3) in advance, report to the Department each
planned change in the permitted facility or activity
which might result in noncompliance with 310 CMR
30. 200 or with a term or condition of the permit;
and
(4) report to the Department any cessation of the
permitted activity.
i . Preventing and Reporting Releases into the
Environment. No materials that are to be recycled shall
be intentionally released into the environment or
otherwise disposed of within Massachusetts except in full
compliance with all applicable provisions of 310 CMR
30. 000 and c. 21C. All accidental releases of recyclable
material shall be immediately reported to the Department
and to all other persons to whom such releases must be
reported pursuant to state or federal laws or
regulations.
j . Compliance with the Application and the Terms of the
Permit. Except where 310 CMR 30 . 200 or other conditions
of the permit provide otherwise, the materials that are
to be recycled shall be recycled in the manner described
in the application for the permit and in no other manner,
and in compliance with all conditions of the permit.
There shall be no change in the procedure of recycling
without the prior express written approval of the
Department.
k. Transportation of Recyclable Material . Unless
otherwise specified, all transportation of recyclable
material, and preparation of all recyclable material for
transportation, shall be in full compliance with U. S .
Department of Transportation and other federal
regulations, and all state regulations, governing the
transportation of hazardous materials.
1. Annual Reporting. All permittees shall submit to the
Department an annual report covering all recyclable
material they handle. Each annual report shall be
submitted to the Department no later than March 1 for the
l
}
t General Conditions
-Page 4-
preceding calendar year. The permittee shall use the
form prescribed by the Department for Annual Reports
submitted in compliance with 310 CMR 30 . 205 (12) . All
annual reports shall include at least the following
information.
(1) The EPA identification number of the generator;
and
(2) The name, address, and EPA identification
number of the facility to which recyclable material
was sent; and
(3 ) Identification of all recyclable material
recycled at the site of generation. Such
identification shall include the EPA listed name or
description, the EPA hazardous waste number, the DOT
hazard class, the amount of recyclable material
transported, and the facility to which it was
transported; and
(4) Identification of all , recyclable material
shipped to off-site facilities . Such identification
shall include the EPA listed name or description,
the EPA hazardous waste number, the DOT hazard
class, the amount of recyclable material
transported, and the facility to which it was
transported; and
(5) The name and EPA identification number of the
transporters used.
M. Dust Suppression and Road Treatment. The use of
regulated recyclable material for dust suppression or
road treatment is prohibited. The provisions set forth
in 310 CMR 30 . 205 (9) shall apply to such activity.
n. Speculative Accumulation. Speculative accumulation
is prohibited. The permittee shall make and keep records
that will adequately demonstrate that there has occurred
no speculative accumulation. Such records shall include,
but not be limited to, the following:
(1) records showing the amount of material being
accumulated or stored at the beginning of the
calendar year.
(2) records showing the amount of material received
or generated during the calendar year, and
General Conditions
-Page 5-
(3) records showing the amount of materials being
accumulated or stored at the end of the calendar
year.
o. Personnel Training. The permittee shall instruct,
or give on-the-job training to, personnel involved in any
activity authorized by the permit, so that such
instruction or on-the-job training teaches such personnel
how to comply with the conditions of the permit and to
carry out the authorized activity in a manner that is not
hazardous to public health, safety or welfare, or the
environment.
p. Emergency Prevention and Response. The permittee
shall plan and prepare for fires, explosions, or other
occurrences that might result in release of oil or
hazardous materials to the environment or otherwise
constitute a potential hazard to public health, safety,
or welfare, or the environment. Without limiting the
generality of the foregoing, if the permit authorizes the
operation of a recycling facility, the design and
operation of the recycling facility shall be in
compliance with the requirements set forth in 310 CMR
30. 524 (1) .
q. Storage and Accumulation in Tanks and Containers.
' Regulated recyclable materials shall be stored or
accumulated only in tanks or containers . If the
permittee stores or accumulates the regulated recyclable
material in tanks, such tanks shall be in compliance with
the requirements set forth or referred to in 310 CMR
30 . 692 . If the permittee stores or accumulatesthe
regulated recyclable material in containers, such
containers shall be in compliance with the requirements
set forth or referred to in 310 CMR 30 . 683 through
30 . 685 .
6 . All hazardous waste generated from recycling activities
shall be subject to all applicable regulations including
310 CMR 30. 000 .
7 . All residues or by-products of recycling will be
considered hazardous waste unless demonstrated otherwise.
r '
General Conditions
-Page 6-
8 . Failure to comply shall be grounds for enforcement action
including without limitation, permit suspension and
revocation.
9 . Within 6 months prior to the expiration of this permit,
the permittee shall re-apply to the Department. In
accordance with General Law Chapter 30A Section 13
re-application will allow the continued operation of the
approved recycling activity until a new permit is issued
or denied. Failure to re-apply will result in immediate
suspension of all approved recycling activities on the
expiration date of this permit.
10 . Appeal Rights and Time Limits. This permit is an action
of the Department. If you are aggrieved by this action
you may request an adjudicatory hearing. A request for
a hearing must be made in writing within 21 days of the
date on which the permittee receives the permit.
il. Contents of Hearing Request. Under 310 CMR 1 . 01 (6) (b) ,
the request must state clearly and concisely the facts
which are the grounds for the request and the relief
sought. Additionally, the request must state why the
permit is not consistent with applicable laws and
regulations.
12 . Filing Fee and Address . The hearing request along with
a valid check payable to the Commonwealth of
Massachusetts in the amount of $100 must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
The request will be dismissed if the filing fee is not
paid, unless the appellant is exempt or granted a waiver
as described below.
13 . Exemptions. The filing fee is not required if the
appellant is a city or town (or municipal agency) ,
county, or district of the Commonwealth of Massachusetts,
or a municipal housing authority.
General Conditions
-page 7-
14 . Waiver. The Department may waive the adjudicatory
hearing filing fee for a person who shows that paying
the fee will create an undue financial hardship. A
person seeking a waiver must file, together with the
hearing request as provided above, an affidavit setting
forth the facts believed to support the claim of undue
financial hardship.
THIS PERMIT AUTHORIZES ONLY THE NAMED PERMITTEE TO ENGAGE IN
THE ACTIVITIES DESCRIBED ABOVE AT THE LOCATION DESCRIBED
ABOVE. THIS PERMIT DOES NOT GRANT ANY RIGHTS NOT OTHERWISE
GRANTED BY FEDERAL, STATE, OR LOCAL STATUTES, ORDINANCES, OR
REGULATIONS. THE PERMITTEE SHALL .COMPLY AT ALL TIMES WITH ALL
STATE AND FEDERAL REGULATIONS AND STATUTES APPLICABLE TO THE
MANAGEMENT OF REGULATED RECYCLABLE MATERIALS.
Edward H. MacDonald Date
Regional Engineer for Waste Prevention
f: Massachusetts Department of Environmental Protection
88670
Bureau of Waste Prevention •Air Quality
7iansmittal A
BWP AQ 09
Restricted Emission Status Application racliry l0(it known/
Facility Information Plan Application Preparer
Bardon Trimouut Inc. Christine M. Cafarella
1. faulty Name 1. Pertan-no complied Me plan's application matenzis
30 Danvers Road ETGlEngineering Technologies Group, Inc.
1. Street Address Z Represenong
Salem, MA 01970 155 Boston Road
J. Ciry 3. Address
David M. Peter Southboro, MA 01772
4. Contact 4. city
508-460-1205
5. reiepnone
September 27, 1994
6. Data comwered
Applicability Pollutant(s) Restricted
This farm is used to apply for a Restricted Emissions Check all that are applicable:
Status(RES)in accordance with 310 CMR 7.021121. Please
check all that apply:
X Sulfur Dioxide
1. restrict potential emissions to allow redesignation, k Oxides of Nitrogen(NOx)
for purposes of compliance fees(310 CMR 4.03);or Volatile Organic Compounds IVOC)
Halogenated Organic Compounds(HOC)
2. restrict potential emissions below the Resonably — Hazardous Air Pollutants(HAP)
Available Control Technology(RACT)applicability = Other(Describe)
thresholds for Volatile Organic Compounds(VOCsI
(310 CMR 7.181;or
3. restrict potential emissions below the Resonably
Available Control Technology(RACT)applicability Please note that even if you restrict potential VOC emissions
thresholds for nitrogen oxides(NOXII310 CMR 7.19);or to below "major source"status (i.e. 50 tons per year), if your
VOC emissions include 10 or more tons of a single HAP or
4. restrict potential emissions below the Resonably 25 or more tons of any combination of HAPS, your facility
Available Control Technology IRACT)applicability would still be "major" thus would still be subject to operating
thresholds for halogenated organic compounds(HOCs) permits at 310 CMR 7.00 Appendix C. See attached list of
1310 CMR 7.18);at HAPs beginning on page 9.
% 5. restrict potential emissions below operating permit
program 1310 CMR 7.00,appendix CI thresholds;or
Supplemental Information
$ 6. restrict potential emissions for any other applicable
requirement. Include all supplemental information necessary to docu
mentlsubstantiate this restriction including but not limited to:
This form is not to be used in applying far approval to = raw material formulation specifications
construct or modify any source,nor may this form be used to
contravene the requirements of any written approval issued by = equipment design literature
the Department.
examples of recordkeeping
X calculations
Rev.7194 Page 1 of 11
f and.).WUUr C144a,Cpanmentattnvrranmenratrrotectmn 88670
Bureau of Waste Prevention.Air Quality
Transmirtal
It� BWP AQ 09
Restricted Emission Status Application facility/D fir known/
facility Emission History
This form is for the restriction of POTENTIAL EMISSIONS as Actual Baseline Emissions means the highest actual emissions
described in sections G and H as well as in the instructions of for this facility since 1990. Note on a separate piece of paper
this form. any changes to the facility that are accounted for in that year's
For each pollutant which is to he restricted by this approval emissions (for example, equipment added or removed).
complete the following, where: Proposed Potential Emissions means the potential that wiil he
established by this project.You will have to complete the rest of
Current Potential Emissions means the potential for the entire this form before completing this section. 8e sure this value is
facility as it currently exists, accounting for any and all the same as indicated in Section H.
previous approvals andlor restrictions.
Warning: There may be limits on what you may propose as Potential Emissions based on Current Potential and Actual Baseline
Emissions. Specifically, this application cannot be used to avoid RACT requirements if actual emissions(of VOC. NOx)have
exceeded 50 TPY since calendar year 1990.
Air Current Potential Actual Baseline Proposed Potential
Contaminant' Emissions(TPY1'• Emissions(TPY1 Emissions(TPY)
Particulate
S02 178.64 1.95 48.31
'Complete only
for air contami• NOx 79.63 1.09 24.87
nants that will be
affected by this VOC
approval
HOC
"TPY—tons per HAP(list):
year t)
2)
Other:
1 Historical Usages
Indicate quantity of fuel or raw materials used in year since January 1, 1990, inclusive, that resulted in the Actual 8aseline
Emissions as reported in Section C•Facility History.(Indicate gallons, cubic feet,pounds, etc.)
Unit no. 1 Unit no. 2 Unit no. 3 Total
1. Primary fuel used 24,000 Gallons 39.000 Gallons 4,000 Gallons
2. Auxiliary fuel used 0 Gallons
3. Raw material
I.
If.
Ill.
Rev.7194 Page 2 or 11
Massachusetts Department of Environmental Protection 88670
Bureau of Waste Prevention •Air Quality
Transmitral X
1 BWP AQ 09
Restricted Emission Status Application facility l0 lif known/
Equipment Description - Fuel Utilization Equipment
Complete this Unit no. 1 Unit no. 2 Unit no. 3
section,Fuel —
Utilitation 1. Type of Equipment(boiler,oven, space heater, diesel, etc) Rotary kiln Hot Water Heater Space Heaters
Equipment andlor
Section F, 2. Manufacturer Warren Bros.
Process Equip-
ment, depending 3. Model Number 183
upon the source
of the emissions 4. Maximum Input Rating(Btulhr) 1O9.9 ML M
for which you are
seeking a 5. Burner Manufacturer Hauck
restriction.
6. Model Number JBC75OO
(Use additional 7. Number of Burners in Each Combustion Unit one
pages, if 8. Primary Fuel
necessary)
a. Type and Grade Used Oil N2 Oil q2 Oil
b. Sulfur Content I% by weight) <0.5 0 <0.3% <0.3%
c. Maximum Fuel Firing Rate(All burners firing) 785 Gallhour 40 Gallhour 4.25 GaUbour
(indicate gallhr,Ibslhr,cubic feet per hour, etc)
9. Standby or Auxiliary Fuel
a. Type and Grade M2 OH NA NA
b. Sulfur Content(% by weight) <0.3%
c. Maximum Fuel Firing Rate(All burners firing) 785 Gallhour
(indicate gallhr, Ibslhr,cubic feet per hour, etc)
10. Date of Installation 1977
11. Modifications Since Installation
Baghouse
a. Type of Modification lustallation
b. Dare of Modification 1986
12. DEP Air Duality Approvals(if applicable)
a. Approval Number
b. Date of Approval
c. Modifications to Approval(describe):
Date
Approval Number
Rev.7194 Page 3 of 11
Massachusetts Department of Environmental Protection 88670
Bureau of Waste Prevention-Air Quality
Transmitral 4
t BWP AQ 09
Restricted Emission Status Application fac:Lty to fif knownl
Equipment Description -Process Equipment
Unit no. 1 Unit no. Unit no.
1. Type of Equipment Batch Plant
(Coater;Paint Spray Booth,Oegreaser,etc)
2. Manufacturer Warren Bros.
3. Model Number 183
4. Maximum Process Rate"
(include amount with units,i.e.gallhr,Ibslhr, etc./
a. raw material(s)
(list)
i. Sand&Stone 228 TPH
ii. Wquid Asphalt 12 TPH
b. finished material(s)
(list)
i. Bituminous Concrete 240 TPH
ii.
5. Date of Installation 1977
6. Modifications Since Installation
Baghouse
a. Type of Modification Installation
b. Date of Modification 1986
7. DEP Air Duality Approvals(if applicablel
a. Approval Number
b. Date of Approval
c. Modifications to Approval(describe):
Date
Approval Number
Refers to the maximum rate at which the piece of equipment can utilize raw(or produce finishedl materials. This is not the
equipment normal operation rate but rather its absolute design capacity.
Rev.7194 Page ?of 11
Massachusetts Department of Environmental Protection I 88670
Bureau of Waste Prevention •Air Quality
Transmittal n
t BWP AQ 09
Restricted Emission Status Application fac:iiry ID lit kilo vnl
Ij Operating Restriction
:mplete section
Fuel Utilization I Fuel Utilization Equipment Restriction
,uipment
astriction andlor 1. Fuel Restriction-Enter amount and units(gallons, cubic feet, etc):
action II
cress Equip- a. Short term rate(check one):
.nt Restrictions, per month
:pending upon - per day
E source of the - per hour
nissions far - other Unit no. 1 Unit no. 2 Unit no. 3 Total
hich you are (may not be any longer than"per month")
:eking a
astriction, primary fuel 78,500 Gallons 29.200 Gallons 3,103 Gallons
his restriction auxilary fuel 157,000 Gallons
3n never be
tceeded without b. Twelve month rolling calendar period rate:
rior written
apartment primary fuel 400,000 Gallons 350.400 Gallons 37,230 Gallons
pproval.
auxilary fuel 1,000,000 Gallons
late:
iae attached
nstructions to 2. Alternative or additional restrictions. Describe any other physical or operational restriction on the capacity or the equipment to
:omplete section emit a pollutant(including air pollution control equipmeml:
3.
Unit 11s restricted to a total of 400,000 ;allons of waste oil and 1,000,000;allons of.#2 OU. Units 2&;3 are
unrestricted.
II Process Equipment Restriction
1.Raw Material Restriction•Enter amount and units(gallons,pounds,etcl:
This emission
restriction can a. Short term rate(check ane):
never be exceeded - per month
nithout prior — per day
written Depart. - per hour
ment approval. - other Unit no. Unit no. Unit no. Total
Carefully read (may not be any longer than"per month"I
enclosed
instructions and i.
information.
ii.
Note:
See attached b. Twelve month rolling calendar period rate:
instructions to
complete section i.
G.
ii.
2. Alternative or additional restrictions. Describe any other physical or operational restriction on the capacity of the equipment to
emit a pollutant(including air pollution control equipment):
Rev.7194 Pace = or I I
MassachusettsDepartmentof fnvironmental protection 8� 867
Bureau Of Waste Prevention -Air Quality
Transmittal
t = BWP AQ 09
Restricted Emission Status Application
Facility m Of xnowy
Note: EmfSStOOS
See attached
instructions to 1. Emissions rate- For each pollutant you wish to restrict,provide emission rate for each unit(lbsIMMSTU, Ihsihr,Ibsihp,
complete Ibs.lunit product,Ibsigallon coating,etc.)and indicate basis of emission rate(0e0artment approval letter,manufacturer
section H. information, emission factor, etc):
a. S02 Unit no. 1 Unit no. 2 Unit no. 3
rate 76.4 Lbst1000 Gal 47.6 Lbs11000 Gal 47.6 Lbs/1000 Gal
basis Emission Factor Emission Factor Emission Factor
b. NOx
rate 55 Lbs/1000 Gal 20 Lbs1100o Gal 20 Lbs11000 Gal
basis AP-42,Table 1.11.1 AP 42,Table 1.3-1 AP 42,Table 1.3.1
c. VOC
Note for c.and d.
•Oo not include rate
HAP's if listing
separately in item basis
e.
d. HOC
rate
basis
Note for e.-
Complete only if e. HAP(list each HAP separately)
you wish to limit a
particular HAP (i)name
(see list attached).
If HAP that you rate
are restricting is
also a VOC or basis
HOC,do not
include in item c (it)name
or d.
rate
basis
(iii)name
rate
basis
Note for I.
"Other"refers to I. Other
any other
pollutant for rate
which the facility
is seeking a basis
restriction,e.g.
particulate or CO.
Rev.7194
Page 6 of 11
maaadcmacu.a uc7rdrrrrtentortov1ronmentdltratectiort
Bureau of Waste Prevention .Air Quality 88670
�' Transmittal
BWP AQ 09
Restricted Emission Status Application f3cr7ity/0 tir known/
LI Emissions
2. Total emissions •Provide emission totals using proposed restriction in part G (enter amount in tons of pollutanO:
a. Short term rate (check one): per month _ per day per hour _ ether(may not he longer than "per mont,,
Unit no. 1 Unit no. 2 Unit no.
S02 6.74 0.695 0.074
NOx 3.73 0.292 0.031
VOC
HOC
HAP
I.
if.
III.
"Other" refers to Other
any other
pollutant for b. Twelve month rolling calendar period rate:
which the facility
is seeking a S02 39.08 8.34 0.39
restriction, e.g.
particulate or CO. NOx 21.00 3.50 p, ,
VOC
HOC
HAP
I.
II.
III.
Other
Calculations
Provide details of emission calculations(attach additional pages if necessary):
Proposed Potential Emissions are based on using a maximum of 400,000 gallons of used oil
and a maximum of 1,000,000 gallons of#2 Oil at the batch plant(Unit 1). Units 2 &3 are
unrestricted. See calculations at the end of this section.
Rev.7194
Page 7 of 11
Massachusetts Department at Environmental Protection j 88670
Bureau o/Waste Prevention-Air Quality
B W P Al2 09 Transmitral 11
Restricted Emission Status Application fauiiry m(ii known)
Monitoring/Recordkeeping
Indicate mechanism to verify operational restriction proposed in section G, including:
M
1. Monitors-Monitoring equipment may include fuel meters and recorders, hour meters and recorders, CEMs, temperature
recorders,flow meters,etc.:
2. Recardkeeping- Describe records that will be kept and attach examples. Recordkeeping may include daily logs,meter charts
time logs,fuel purchase records, raw material records, disposal records, excess emission records, CEM records, test reports,
etc.:
Used Oil and#2 Fuel Oil usage will be logged from fuel purchase slips. Monthly usage will be
calculated and recorded. In addition, a twelve (12)month rolling average will be recorded.
Certification
Signed under the pains and penalties of perjury:
This form must be signed by the owner or by a respon- David M. Peter
sible company official working at the location of the source. hint Name
Even if an agent has been designated to fill out this form, the
owner or responsible officer must sign it. / L/e"
Aurba&ed Signature
"I certify that I have personally examined the foregoing
and am familiar with the information contained in this Division Manager Environmental Services
document and all attachments and that,based on my inquiry Position/Tate
of those individuals immediately responsible for obtaining the
information,I believe the information is true, accurate, and Bardon Trlmount, Inc.
complete. I am aware that there are significant penalties for Representing
submitting false information, including possible fines and
imprisonment." September 27, 1994
Dare
Rev.7194 Page 8 of I t
Bureau or Waste Prevention —Air Quality
B W P AQ 09 lenslrns-rc
. Restricted Emission Status Application
Hazardous Air Pollutants
Xamrdous Air Polf=ats Li=rVous Air Fof/=rrs, cor. inuzc'
Name CAST Name
CAS !
❑ Acetaldehyde 73-77-0 G 3.;-Dicalorooenzicene
G Acetamide 60. c-3 ❑ Oichlaroettryl ether
G Ae:tonitriie 7o-0c-6 (Bis(Z�hlaroethyl)e:her) 111
G Acetophencne 98-86-2 ❑ 1.3Dicaloropropene
❑ 2•Acetytaminetluerene 53-36-- (1.3-•Oichlomprepyfene) ;"•7z 3
C Acrolein 107.02-3 ❑ Oicnicrvas
G Aeytamice 79 6-1 ❑ Dlethanoiamine
❑ Aaylie acid 75--;0-7 C N.N Diethyl aniline
❑ Acrylonithie 1C7-1', (N.NDimeUrytartiiine)
❑ Allylchlorice 1C7-0>1 C Oietnylsue.ate
❑ 4-Aminahiphznyl92--i-; G 3.3-0imethcxyoerzicine t;c;0_,
G Aniiine EZ-33-; ❑ Dimethyl aminoazcoen:ene 60-i;-7
G o-Anisidine ❑ 3.3-0imethyl oenz::ine
❑ Asbestos C Dimethylcramvlcalcrde 79 1.;
G benzene i1-3.2 G Dimethylfcrmamic:
❑ Benzidine c_.6;_c C. 1.1-Dimethyl
G Benzetrichicrice S- ❑ Dinethylphthaiate ;;1.11_,
❑ ben-yl chicric: 100-_u-7 C Dimethvl sulfate 77.75-1
❑ Biohenyl 4,3-Oinitro-o-ciesci anc sits
G Bis(2- ,.hylhexyl)phthaiate ;;7-?;-- G 2:4-Diritrophencl
G Bis(ch!oremethyl)ether 35•i ❑ 2.4-0initrotafuene
❑ Bromotom ic•_5-2 ❑ 1,;-9icxane
G 1.3-8utadiene ICE-:=7 (1.4-Oiathylenecxide) 1:__,;_;
❑ Caicium e+anamice tE6-fi2.7 C 1.2-Oicheny1hydra_i-e
G Caoroiacam tC:50 2 C Eoic.^,Icrohvcrin
G Caoan13;-.76.2 (i-:.hlcro-2.3�pcxyp:r__r.e) 106 6G2
G Carbaryl 6.•ec-c C 1.2-Ecvxybumne
❑ Carbon disutfic: 73.13-0 (1.2-Eutyfene oxide) 706-33-7
❑ Carbon tet„chicride EE-2;•3 ❑ Ethyl aryiae
❑ Caroanyl sulfide 463-36-; C Ethyl benzene 100-41,
G Catechol 734-80-? C Ethyl carbamate (Urethane) <_t-7c
G Chleramben 13;•SC ; G Ethyl chloride (Chloroethane) 75-30-3
❑ Chlordane 57-74-S G Ethviene diormide
❑ Chlorine 7762.6;,-3 (1?-Oibromoethane)
i0E S3-;
❑ Chlarcacsieacd 7=i1-0 ❑.Ethylene dichloride
❑ 2-Chforoacetcphenone ,',a2-17_1 (1.2-Oichioroehane) 107_7 :
C Chlorobenz:ne 106-SC 7 ❑ Ethylene grycal
107-2;-i
❑ Chlorobena!ate 5tC 1:6 ❑ Ehylene imine (kJrdine) 151.5c�
❑ Chlorotanm 67yE-; C Ethylene azide 76.71.3
❑ Chloromethyl methyl ether 1C7-;C-2 C Ethylene thiourea 96_45_;
❑ Chloroprene 72 SS 3 C Ethyiidene dichlorc:
G Cresols (mixed isomers) i3;9- 7•; (1.1-Dir..loroethar.e) 75.34.;
G m-Cresal 1C8 3 , C] Formaldehyde 50_70_0
❑ otiresol ❑ Heomchfor 76-44=
❑ p-Cresal 1C ;-° ❑ Hexacblorooenzene 118-7:-1
G Cumene 9E-x2-3 ❑ Hexar..ioro-butadi-ne 87ti6-;
❑ 2.4-0. salts and esters 9u-iEd ❑ Hexad;ioroerc!eper.-aciene 77-47-4
❑ DOE 767-72-i
C He acaioroe bane
'
❑ Oiazomethane ,,,, .36-; G H•.xanethylene-7,E-dnscc.ar.a:e 622.05-J
G Diaen:afunn C. Hexamethyiphosphoranic: 560-31•S
❑ 1,2-0ibromo-3-caicroprotane 9E-12.3 G H:xane 110-3:-3
C Diburylphttaiate 8:-7:•2 ❑ Hydra:ine 302-11-2
❑ 1,;-Dichiercbzaze-e 7C :6-7 C Hyc:ocalorcacid 7647.01-0
Rev.M4
aurgau of Warta Prevention -qtr Gualiry 18867,q
I
BWP AQ 09
Restricted Emission Status Application
Hazardous Air Pollutants (coni.)
Hanr'ous Air Pollutants, continued FZM&Qus kr Fo/tu'-ants. elntinued
Mame CAS ► Name
CAS I
❑ Hydrogen fluoride i 664-39-; C Cuinone 106-51
❑ Hydrogen suicide 7763-084 C Styrene 10C,42_5
C2 Hydroquinone 123-3;-3 C Syreneoxide 96_Oc_3
❑ Isooharane
73-59.1 C 2.3.7.8-Tatraehlefodlbert-o-p-, icxin 17.6•01-5
❑ Lindane 53-aS-9 ❑ 1,12?-Tetraehloroetnane 7S •-
❑ Maieic anhydride 108-31-6 C Tetrachloroethylene
C Methanol 67.56-1 (r arcniornethylene) 127_tC�
❑ Methoxychlor 12_3.3 C Trr,.niumtetraciloride
C Methyl bromide (Bronomethane 7.-83.3
) G Toluene r
C Methyl chloride (Chieromethane) 7.-37.3 C 2.4-Toluene diamine 95a0.7
❑ Methyl Chloroform C Toiuene-2.;•diisoeyanate
-Trichloroethane) 71.55 C o-Toluidine
❑ Methyl ethyl krone 78-32-3 C Tc aortene 8001. 3
❑ Methyl hydrazine 60-34-1 C 1.2.4-Tnciieroben7_ene
❑ Methyl iodide (lodamethane) 7•-a8 _n'
C 1,1.-2ie ioroeLhane 7c_30.g
❑ Methyl isobuyf ketone (Hexone) 105.10-1 Trioiicroethyfene 7-2-01-iC. Metnyl isocyanate 6%.a3_2
2.;,5-7richloraohenol
❑ Methyl methacyiate EC-52-5 C 2.4,5-Trichlorophenol 8fi=6•'
Methyltert-bucylet,`,r. ;6r-:.4•; C Trielhviamine
C 4,4-Methylenebis(2--41orcaniiine) 10 i-1• C Trluriin 1552_.r_3
C Methylene chloride C Z.2.4•Trimehyipe,-,,.ane
(Dichloromethane) i5-0S-2 C Vlnyi acetate 105:5-
0 Methylene diphenyl diisocyanate C V nyl bromide 93.6C_Z
(M01) 101.66-3 C Vin -
N chicride 75.0;�
❑ 4,4-Me!hylenedaniiira 101•77•2 G Vinylidene chloride
❑ Nazhthalene 51.20.3 1-Dichloroeth lenet
(1• Y 75-35-
C Nitrobenzene SE•?SJ C Xylene (mixed isomers) 1230.20-7
❑ 4-NRrobipnenyl S2 3-; C m Xylene 0 38-C
❑ 4-Nhrophencl 100-:2-7 C a-:Yield a5.7�
❑ 2-Nitropropane 79,6-? G p-Xviene 106,?-3
❑ N-Nitrosodimethyiar-ine 62-75•? ❑ Arimony 71140x6-C
❑ N-NhrosomorphoRne 59-aS-2
❑ N-N4toso-N-m ethyfurea 664-?3.5 A,z:.nic :Impounds:
❑ Parathion 58.3fi•2 C Arsenic 7410.38•'
❑ Pentachloronk:cbenzene C Arsine
(Quintazene) 82�3.a
C Pentacilorophenal 87-86.5 C 6eylliumi;.0 1.7
❑ Phenol 108-35.2 ,❑ Cacnium 7,;0 --.-9
❑ p•Phenylenediamine 1^S-SC-3 C Chromium
C2 Phosgene 75;,.5 7440 -;
C Ccba ;
❑ Phosphine 730;,.3;_2 74'40-41'
❑ Phosphorous 7723-;4.0 C Cake oven emissions
❑ Pltthalic anhydride 85:4•?
❑ PCBs 133fi-36-3 C',=ide compounds(XCN wtere X_9 or any=) ;rcul
❑ 1.3-Procane sultone 1120-i 1, a formal dissoclinn may c=_-r)
❑ beta-Propiolaetcne 57.57-3 C Hydrogen eianio! 7-C-2
❑ Propionaldehyde 123-35-5
❑ Propoxur(Saygon) 114-2�_1 C Cyeol ethers (ineiude mono- and di- _^.her, e: ee.`.yiene
❑ Propylene diehiorice gyccl. diethylene glycol, and tnettrylene givri
(12 Dichlcropro;ane) 78.37.5 R-(CCH2CH2)n-QR' where n = 1, 2, or 3 n = aiktl cr aril ;reuo
C Propylene oxide 75-'-5.3 n R. H. or groups whit`, when removed,yieid givcoi
❑ 1,2-Propyleninine w',`,the strueure: R-(CCH2C'ri)n-0H. Pcryme:s are exc:ucrc
(2-Methyl aziridine) from. the g yccl Category
❑ Quinoline
Rev.7 rS4
� �=Par�nentvttwfronmenaiPtote Jar, 88670
Bureau of Wasta Prevention —Air Quality
BWP AQ 09
Restricted Emission Status Application ncarylD(ra oa j
Hazardous Air Pollutants (cont.)
!'urdoUS Air P^.flc'Wnts-continued
Name Cas t
C Lead
C Manganese
C Mercury i=3S-i7-o
C Fine mineral ficars (inciuces q!ass micakers, gas" wool
fibers, reek wool fivers and saq weal fibers, each
¢ed as 'tespirbie' (fiber c;.-meter < .i.: mic:omeers) arc
possessing an asoe:- ratio (fiver.`er.gzh corked by fiber
dianster)> 3)
C Nickel campeuncs 7__0_;c_0
C Palyrylic Organic Mayers (P^_t.l) (induces orgarc
r_mpcunds wilt more than one ben:ane ring, and which
have a baiiinq point greater',,an or ecual to 100 C)
C nacionucHdes (a ^vbe of atom which s;crtanecus:v
undergoes radioactive
= seieniun 77 3g;c-a
Rev.i5z Pa,, 11 V
'EMISSION CALCULATIONS FOR: BARDON TRIMOUNT \ SALEM PLANT TRANSMITTAL NO. 88670
CURRENT POTENTIAL EMISSIONS
UNIT 1 - BATCH PLANT
FUEL1 FUEL2 TOTAL
Fuel Used Oil #2 Oil
Hours/Year 510
Fuel Firing Rate 785 Gal/Hr 8250
785 Gal/Hr
Annual Fuel Usage 400,000 Gallons/Year 6,476,250 Gallons/Year
Production (Tons/Hour) 240 TPH 240 TPH
Production (Tons/Year) 122,400 TPY 1,980,000 TPY
SDCFM from stack 17,513 17,513
Nitrogen Oxides
Emission Factor 55.00 Lbs/1000 Gal 2000. Lbs/1000 Gal
x Annual Fuel Usage/2000= 11.00 TPY 64.76 TPY 75 76
Sulfur Dioxide
Emission Factor 76.40 Lbs/1000 Gal 47.60 Lbs/1000 Gal
x Annual Fuel Usage/2000= 15.28 TPY 154.13 TPY 169.41
Carbon Monoxide
Emission Factor 5.00 Lbs/1000 Gal 5.00 Lbs/1000 Gal
x Annual Fuel Usage/2000= 1.00 TPY 16.19 TPY 17.19
Volatile Organic Compounds
Emission Factor 0.028 Lbs/Ton 0.028 Lbs[Ton
x yearly production/2000= 1,71 TPY 27.72 TPY 29.43
Total Suspended Particulate
Allowable Emission 0.04 gr/SDCF 0.04 gr/SDCF
x SDCFM x 60 min x (1 Ibl7000 gr)
x hour/year/2000 = 1.53 TPY 24.77 TPY
26.30
UNIT 2 - HOT WATER HEATER, CONCRETE PLANT
Fuel #2 Oil
Hours/Year 8760
Fuel Firing Rate 40 Gal/Hr (Total for 2 burners)
Annual Fuel Usage 350,400 Gallons
Nitrogen Oxides
Emission Factor 20 Lbs/1000 Gal
x Annual Fuel Usage/2000= 3.50 TPY
Sulfur Dioxide
Emission Factor 47.6 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 8.34 TPY
Carbon Monoxide
Emission Factor 5 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.88 TPY
Volatile Organic Compounds
Emission Factor 0.34 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.06 TPY
Total Suspended Particulate
Emission Factor 2.00 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.35 TPY
09/27/94
PAGE 1
EMISSION CALCULATIONS FOR: BARDON TRIMOUNT - SALEM PLANT TRANSMITTAL NO. 88670
UNIT 3 -SPACE HEATERS
Fuel #2 Oil
Hours/Year 8760
Fuel Firing Rate 4.25 Gal/Hr (Total for 2 burners)
Annual Fuel Usage 37,230 Gallons
Nitrogen Oxides
Emission Factor 20 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.37 TPY
Sulfur Dioxide
Emission Factor 47.6 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.89 TPY
Carbon Monoxide
Emission Factor 5 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.09 TPY
Volatile Organic Compounds
Emission Factor 0.34 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.01 TPY
Total Suspended Particulate
Emission Factor 2.00 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.04 TPY
SUMMARY OF CURRENT POTENTIAL EMISSIONS
NOx sox CO VOC TSP
UNIT 1 -BATCH PLANT 75.76 169.41 17.19 29.43 25.30
UNIT 2-HOT WATER HEATER 3.50 8.34 0.86 0.06 0.35
UNIT 3-SPACE HEATERS 0.37 0.89 0.09 0.01 0.04
TOTAL 79.63 178.64 18.16 29.50 28.69
09/27/94 PAGE 2
EMISSION CALCULATIONS FOR: BARDON TRIMOUNT - SALEM PLANT TRANSMITTAL NO 88670
ACTUAL BASELINE EMISSIONS
UNIT 1 - BATCH PLANT
FUEL 1 FUEL 2 TOTAL
Fuel Used Oil #2 OIL
Annual Fuel Usage 24,000 Gallons 0 Gallons
Nitrogen Oxides
Emission Factor 55.00 Lbs/1000 Gal 20.00 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.66 TPY 0.00 TPY O E6
Sulfur Dioxide
Emission Factor 76.40 Lbs/1000 Gal 47.60 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.92 TPY 0.00 TPY 0.52
UNIT 2 - HOT WATER HEATER, CONCRETE PLANT
Fuel #2 OIL
Annual Fuel Usage(Estimate) 39,000 Gallons
Nitrogen Oxides
Emission Factor 20.00 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.39 TPY
Sulfur Dioxide
Emission Factor 47.60 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 0.93 TPY
UNIT 3 -SPACE HEATERS
Fuel #2 OIL
Annual Fuel Usage (Estimate) 4,000 Gallons
Nitrogen Oxides
Emission Factor 20.00 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.04 TPY
Sulfur Dioxide
Emission Factor 47.60 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.10 TPY
SUMMARY OF ACTUAL BASELINE EMISSIONS
NOx Sox
UNIT 1 - BATCH PLANT 0.66 0.92
UNIT 2-ASPHALT HEATER 0.39 0.93
UNIT 3-SPACE HEATERS 0.04 0.10
TOTAL 1.09 1.95
09/27/94 PAGE 3
EMISSION CALCULATIONS FOR: SARDON TRIMOUNT - SALEM PLANT TRANSMITTAL NO. 88670
PROPOSED POTENTIAL EMISSIONS
UNIT 1 - BATCH PLANT
FUEL 1 FUEL 2 TOTAL
Fuel Used Oil #2 OIL
Annual Fuel Usage 400,000 Gallons 1,000,000 Gallons
Nitrogen Oxides
Emission Factor 55.00 Lbs/1000 Gal 20.00 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 11.00 TPY 10.00 TPY 21.00
Sulfur Dioxide
Emission Factor 76.40 Lbs/1000 Gal 47.60 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 15.28 TPY 23.80 TPY 39.08
UNIT 2 - HOT WATER HEATER, CONCRETE PLANT
Fuel #2 OIL
Annual Fuel Usage(Estimate) 350,400 Gallons
Nitrogen Oxides
Emission Factor 20.00 Lbs/1000 Gal
x Annual Fuel Usage/2000 = 3.50 TPY
Sulfur Dioxide
Emission Factor 47.60 Lbs/1000 Gal
x Annual Fuel Usage12000 = 8.34 TPY
UNIT 3 -SPACE HEATERS
Fuel #2 OIL
Annual Fuel Usage (Estimate) 37,230 Gallons
Nitrogen Oxides
Emission Factor 20.00 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.37 TPY
Sulfur Dioxide
Emission Factor 47.60 Lbs/1000 Gal
x Annual Fuel Usage/2000= 0.89 TPY
SUMMARY OF PROPOSED POTENTIAL EMISSIONS
NOx sox
UNIT 1 - BATCH PLANT 21 39.08
UNIT 2-ASPHALT HEATER 3.50 8.34
UNIT 3-SPACE HEATERS 0.37 0.89
TOTAL 24.87 48.31
09/27/94 PAGE 4
_ uauuu , .. l iJUIII lLul NO. OUOIU
EMISSION FACTORS
Nftronen Oxides
4
The emission factor for NOx for used oil was taken from AP-42, Table 1.11.1. This value is 55 Lbs11000 Gallon.
For #2 Oil, the emission factor for NOx is 20 Lbs/1000 Gallon. This factor was taken from AP 42, Table 1.3.1.
Sulfur Dioxide
For used oil, the emission factor for S02 is calculated as 76.4 Lbs/1000 Gallon. This factor was based on a maximum of
0.5 % sulfur in the fuel.
The emission factor has been calculated as follows:
0.5 % sulfur x 7.64 lbs x 2 lbs Sulfur x 1000 = 76.4 lbs S02
gallon S02 1000 gallons
The emission factor for S02 for fuel oil is calculated based on the Mass. DEP limit of 0.17 lbs sulfurlMMBTU.
sulfurlMMBTU.
0.17 Ib S x 140 MMBTU z 2lbs S02 = 47.6 lbs S02
MMBTU 1000 gal 1000 gal 1000 gal
' AI".III�II. w 9 DATE RAMLMM
arab . 'r. a^x= c 12/14/94
PRODUCER ' � THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Sod9uick HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
40 Broad Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Boston* MA 021G9-4Y4/ — OMPANIESAFFORDING 00VERAGE
COMPANY
A National Union Fire Ins. Co.
INSURED COMPANY
Sardon Group. Inc. e_ American International Group
Sardon .Trimountr Inc. COMPANY
70 alanchard Rd. . P.O. Sox .' . C
"•urlingtonf MA 01 :3i!T COMPANY
D
�� FI ..i4-f,'3 9 R Ni'i. .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSUIUNCE POLICY NUMBER POLICY EFFECOVE POLICY EXPIRATION LIMITS
LTR DATE(MM/ODIYY) DATsI&P O/VYI
A GENERALLUBIIfTY RM6L319@326 7/01 /94 7/31 /95 GENERAL AGGREGATE S 4000001
C_OMMeRC At GENERAL LIABILITY PRODUCTS-0OMP,CF AGO S� X000001
ClAIMB MAGE noccuR PERSONAL A ADV INJURY I S .1000001
ERSA.CONT PROT EACH OCCURRENCE S 100000
00001
FIREDMIAGE(MYppfiM) E '150001
14E0 EXP(Anare PIIw) $ 5001
A AUTOMOBILEUABILITY RMCA14S2144 I 7/01 /94 7101 /95
X ANY AUTO COMBINED SINGLE LIMIT L 10001701
ALLOWNEDAUTOS SOMLY INJURY
SCHEDULED AUTOS (Per Parson) _
HIRED AUTOS EDGILY INJURY s
NON OWNED AUTOS _(Per wadm)
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA AGCIOENT $714
ANY AUTO OTHER THAN AUTO ONLY. l ? 1Y.F.�,''i I(i:i
EACH ACCIDENT $
•••��_ AGGREGATE S
A EXCESS LIABILITY 3E.T•09iti35 7161 /94 7/01/95 EACH OCCURRENCE s 1500000
UMBRELLA FORM AGGREGATE S 1500000
OTHER THAN UMBRELLA FORM I S
S WORNERB COMPBNBATION AND R M'r1 C 017 015 7 E;C 4i C 7/N /�4 7/01 /95 X. 6TATUTORY LIMITS
EMPLOrERs•uAenm RMWC0170158 VA 7/':11 /94 7./01/95 EACH ACCIDENT _ S 100000
THE PROPRIETOR/ INCL RNf�C'!17•(F58 )�„/ 7/01 /94. 7/01/95 DISEASE.PGucYUMIT S 100000
OFFICERS ARE: UTN6 EXCL ^ C. f C,T/'SIA 7/!.1 /94 7/�71/9a DISEASE-EACH EMPLOYEE S 10000C'
R
DESCRIPTION 6P 6PgRATIONS/LQCATIQNSVCHrAMSPEOAL ITEMS
The certificate holder is included as additional insured.
Town of Swampscott SHOULD ANY OF TTIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH
Swampscott, NA EXPIRATION DATE THEREOF, THE [SWING COMPANY MILL ENDEAVOR TO MAI
;11 DAYS WRITTEN NOTICE TO THE &EF
BUT FAILURE TO MAIL*UCH
Of ANY NIBD UPON THE C
,
AUTHORIZED REPRESENTATIVE
I;s,"!J SII' -,1.N -F -aT 'fir
3D— s'Z
COMMONWEALTH OF MASSACHUSETTS
. DEPARTMENT OF ENVIRONMENTAL PROTECTION
� DIVISION OF HAZARDOUS WASTE
One Winter Street
Boston, Massachusetts 02108
Please print ar type.fform designed for use on elite 112-pitch)typewriter.)
UNIFORM HAZARDOUS 1.Generator US EPA ID No. an'est 2.Page 1 Information in the shaded areas
WASTE MANIFEST I ° o. of is not required by Federal law.
3.Generator's Name and Mailing Address A.State Manifest Document Number _
QAf�rO7N IfIMOVN MA`s:;: H393439
70 t�lANc��1(d L��U
B.state Gan.10. y D
4.Generator's Phone / ' /A�
t
5.Trensporter 1 Company Name 6. US EPA ID Number .C.StB4 Trans.ID -
CYN 01L CORPORATION i
7.Transporter 2 Company Name 8. US EPA ID Number D:Transpdrter's Phone 1 -617 1 I.L.
—Fgtate rans. D
nj 9.Designated Facility Name and Site Address 10. US EPA ID Number
o CYN OIL CORPORATION F.:Transporter's Phone l 1 r
00 G
C? 1771 WASHINGTON STREET G.StateItscility'sID - Not Required z
v STOUGHTON, MA 02072 H.Facilhy'e Phonal I
N
a 12.Containers 13. 14. 1. L
11.US DOT Description(Including Proper Shipping Name,Hazard Cass,andlDNumber) Total Unit Waste No. ..
p No. Type Quantity WtNol
a. -
WASTE PETROLEUM OIL
d COMBUSTIBLE LI ID _
U b. 2
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o N
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5 A -
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J.Additional Descriptions for Materials Listed Above(include physical state andhazardcoda.) K.Handling Codes for Wastes Listed Above e
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'O h .. - d. b. d. T
E 15.Special Handling Instructions and Additional Information
E 74 HOUR EMERGENCY SPILL RESPONSE 617-344-0265
- D.O.T. EMERGENCY GUIDE NO. 27
O' 16.GENERATOR'SCERTIFICATION:I hereby declare that the contents of this consignment are hilly end accurately described above by
rproper shipping name and are classified.pecked.marked,and labeled.and are in all respects in proper condition for transport by highway
O according to applicable international and national government regulations.
if i am T
U andthalargee selected
the
he pracucelemehatl of treatment,
in place storage,
or reduce disposl:heentlyvolume and le iomewhich minimizes generated the prthe degree
tand have
ture treatdetermined
hums econoand:meenvro -
N methOlhave selected thentity cablemer.I have
mate godfaithffrtto disposal my wast pletnmewhich minimizes She Wessel anagemetmethohumanheahhand:neeandth-
� ment:OR.ill amasmall quantity 9enerarogl have madeagpod faith ehlprtwmimmixe my waste generation and select the best waste management method that is available to me and that)
can afford.
Date
E PdntedYryped Name Signature Man Day Y r
R.
d T 17.Transporter 1 Acknowledgement of R slot of Materials - Date
N R
M N Pdnr /TypedN ignatu Month Day r
G F
0 18.Transporter 2 Acknowledgement of Receipt of Materials Date
R
T PrintedirypedName Signature Month Day Year
E
fl I I I
19.Discrepancy Indication Space
F
A
C
I
L 20.Facility Owner or Operator:Certification of receipt of hazardous materials covered by this manifest except as noted in Item 19.
I
Date
T
yPrintedyTYpedNeme i Signature/ �U'• /7 Month Day Year
i n...ymrovoa Oc+G nu '051110]9.E.o,:•.9'.0 9� ' -
EPA Form 8700-22 (Rev. 9.88)Previous editions are obsolete.
COPY>3 : FACILITY MAILS TO GENERATOR
Massachusetts Department of Environmental Protection r.,Dvw.onn
` Permeea.
Transmittal Form for Permit Application „oa" T2nsmitfal/
and Payment Per_40
ORDDr ODenieO
Decuion Dare
Facility/D(if known)
13 Permit Information
INSTRUCTIONS Pe lCode/,en,0a"Crenrn,vsmre crymraDarianan ram) -.
T.Use a Transmittal
arate
Form Pxrrvruainm
Transmittal Farm
for each permit
applicatioNcategory. BrielftiectD=ipum
2.Use an original,
3-part Transmittal
Form for each Applicant/Legaliy Responsible Official
permit application/ : . r iLi:::oLkt , 1;c..
category. ---__ . - -- -
Photocopieswillnof
be accepted for -
—
permitapplicationor .;uil�. -,t _:,D : ' 1 % _ ® L Y 1 ■
payment.(You may pyla---------_._ . . _--------- ------------ --
use photocopies for t• V 1 C1 :9. r 2 t t
reserve location,
where applicable.)
3.Make check Facility Information
payableto
Commonwealth of l:aLdon ?Y1_^G' Il _ Ii]C.
Massachusetts. xa .rraoey .
Please mail check :,J_L,_r_-
and yellow copy of Ad&= ---
transmittal form to: ,�,'_-i c -e - :i__(11 %.l�_ --- ...—. ----- _ 1 ]_la 5 _7 5 C, t `�
Dept of Environ- C16VTM Teie*"
mental Protection,
P.O.Box 4062,
Boston,MA,02211. t Application Prepared By
4.Both fee exempt +�_I_=r_'-=n_°.8L i212 LC_C_laG 10, i.._Gi GL! Iac.
and non-exempt ^"i55 OStOc: t'C6L'
applicants must -- _
mallyelloweopyof ''d&W - 1 ,
aGLta1L`QL`o, i',:- 01! )2 S t1 b 0 4 b li V
transmittaitormto:
Dept.of Environ- °V"j;�]c L i Vit^ ri. V 3 E a'8 11 i1 •r�mron
mental Protection• ..'----- ..__---------=----
P.O.Box 4062,
Boston,MA,02211. .
Other Related PermitS:Are you applying for other permits related to this permit?I!so,please list them below.
ENIZEM
I
I
10
I
i
Amount Due
• Special Provisions: 0 Fee Exempt (city,town,district,or municipal housing authority)(state agency if permit fee is$100 or less)
0 Hardship Request(payment extension according to 310 CMR 4.04(3)(c)
0 Alternative Schedule Project Request(according to 310 CMR 4.05 and 4.10)
Check No. Dollar Amount$_-L,, u c-,, .i;i, Date
Make check payable to Commonwealth of Massachusetts. Please mail check and yellow copy of transmittal form to:
Dept.of Environmental Protection,P.O. Box 4062,Boston,MA,02211
The Coin inonn•ealth of Massachusetts
Department of Environmental Protection Division of Hazardous Waste -i.5 Connnonivealth Avenue
Woburn, Massachusetts 01801 " , inolo
RECYCLING PERMIT
TRIMOUNT BITUMINOUS PRODUCTS CO.
Name of Permittee: Effective Date: " 9i
30 DANVERS ROAD
Mailing Address: SWAMPSCOTT, MA 01907 Expiration Date:
Class: A
Contact Person: JOHN EDGAR Permit Number: NE-90-085
Telephone Number: (617) 221-8400 EPA I.D. Number: MAD001012038
�� ys, {oEcertif�,That,the :above named .compan} rs`authorised to'manage ;regutated`rec�dable
ssiaferta"Is�;pursuart fa�tega7aftan 310 L'�11R 30?,Q0 and General LaKs. Chaptec"'IC k '
..1Cfak �iL..w. .t. .. A. <£ y.".9 an....+• ^v.Z sb 'S
<r
This permit authorizes recycling of the following materials only:
Materia] Description: EPA Waste Code: Amount:
SPECIFICATION USED MA97 400, 000 GAL/YR
OIL FUEL
DescriDtion of Reevchng Operations
SPECIFICATION USED OIL FUEL WILL BE BURNED AS AN ALTERNATIVE FUEL
IN AN EXISTING WARREN BROTHERS ACS MODEL NO. 238 ROTARY DRYER.
DAQC INTERIM APPROVAL MBR . 89-IND-086 .
Location of Recvclina ODerations
Generator Location:
TRIMOUNT BITUMINOUS PRODUCTS MARKETER FACILITIES WILL BE
30 DANVERS ROAD DOCUMENTED AS PER SPECIAL
SWAMPSCOTT, MA 01907 CONDITIONS INDICATED IN
INTERIM APPROVAL RECYCLING
PEPI4I T
The Cuinmonwcofth of Alussuchusctts
Department of Environmental Protection —
Division of ilazarduus Waste
5 Coinmornveafth Avenue t'
Woburn, Massachusetts 01801 9
RECYCLING PERMIT
TRIMOUNT BITUMINOUS PRODUCTS CO.
Name of Permittee: Effective Dute: �•� - 91
30 DANVERS ROAD Expiration Date: —�� " 9�
Mailing Address: SWAMPSCOTT, MA 01907
Class: A
Contact Person: JOHN EDGAR NE-90-085
Permit Number:
Telephone Number: (617) 221-8400 EPA I.D. Number: MAD001012038
`�This is-io cerhf� that ife above named 'companp rsauthortzed to'ananage regulated recticlable
�mafertals pursgant, fa"�iegulaftou 't10 Li�1Yi 30 X01} and General Lax s. Chapter '1C
R -
...,
This permit authorizes recycling of the following materials only:
Material Des.^rindon: EPA Waste Code: Amount:
SPECIFICATION USED MA97 400, 000 GAL/YR
OIL FUEL
DescriDtion of RecvclingOperations
SPECIFICATION USED OIL FUEL WILL BE BURNED AS AN ALTERNATIVE FUEL
IN AN EXISTING WARREN BROTHERS ACS MODEL NO. 238 ROTARY DRYER.
DAQC INTERIM APPROVAL MBR 89—IND-086.
Location of Recvcling Operations
Generator Location:
TRIMOUNT BITUMINOUS PRODUCTS MARKETER FACILITIES WILL BE
30 DANVERS ROAD DOCUMENTED AS PER SPECIAL f
SWAMPSCOTT, MA 01907 CONDITIONS INDICATED IN
INTERIM APPROVAL RECYCLING i
P£PI( T --
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
' Metro Boston/Northeast Regional Office
William F. Weld
Gawmw
Trudy S.retcoxa NOV � IN4
Secretary,EDEA
Thomas B. Powers
Acting Commissioner
Mr. David M. Peter RE: SWAMPSCOTT - Metropolitan
Bardon Trimount, Inc. Boston/Northeast Region
70 Blanchard Road RESTRICTED EMISSION STATUS
Burlington, MA 01803 310 CMR 7 . 02 (12)
ADMINISTRATIVE COMPLETENESS
REVIEW
310 CMR 4 . 10 (2) (e) 3 .a.
Transmittal No. 88670
Application No. MBR-94-RES-059
Dear Mr. Peter:
The Department has completed its Administrative Review of the
permit application listed above for your facility located at 30
Danvers Road in Swampscott and has determined that the application
is administratively complete. Accordingly, the Department will
begin its Technical Review.
According to 310 CMR 4 . 04 , the Department now has ninety (90) days
to complete its Technical Review and issue a draft decision for
public comment to grant or deny the permit.
Following the close of the Public Comment Period, the Department
has an additional ten (10) days to issue a final ruling on the
application.
Provided your application is technically adequate, and none of the
Contingencies outlined in 310 CMR 4 . 04 occur, the Department will
issue a final decision within the time frames listed above. You
will be entitled to a refund of your application fee should the
Department fail to complete its final review of your application
and make a decision to grant or deny the permit within these time
frames.
Sincerely,
Cosmo Buttaromes E. B sky
Environmental Engineer gional P rmit Ch
ie
(tureau of ste Prev ntion
cc: Thomas Parks, DEP-NERD
10 Commerce Way • Woburn, Massachusetts 01801 • FAX(617) 932-7615 • Telephone(617)932-7600
The Cummonwealth of A9assachusctts
Department of Environmental Protection
Division of hazardous Waste (?
5 Commonwealth Avenue —
Woburn, Massachusetts 01801 L,
RECYCLING PERMIT
TRIMOUNT BITUMINOUS PRODUCTS CO.
Dame of Permittee: 30 DANVERS ROAD Effective Date: �h " 91
- FF��
Mailing Address: SWAMPSCOTT, MA 01907 Expiration Date: 7�
Class: A
Contact Person: JOHN EDGARpermit Number: NE-90-085
Telephone Number: (617) 221-8400 EPA I.D. Number: MAD001012038
Thts,Ls tocerhffhat fhe:abole named 'coutpan) 'is authorized to narzage regulated recy'dabie
:.
ma#eria3s pursuant fo"RedulaftoD;"t10 �� 3��00 and General La�zs. Chapter �1C
This permit authorizes recycling of the following materials only:
Materia] Descrir)don: EPA Waste Code: Amount:
SPECIFICATION USED MA97 400_ , 000 GAL/YR
OIL FUEL
Description of RecvcIino Operations
SPECIFICATION USED OIL FUEL WILL BE BURNED AS AN ALTERNATIVE FUEL
IN AN EXISTING WARREN BROTHERS ACS MODEL NO. 238 ROTARY DRYER.
DAQC INTERIM APPROVAL MBR . 89—IND-086 .
Location of Recvclin2 Operations
Generator Location:
TRIMOUNT BITUMINOUS PRODUCTS MARKETER FACILITIES WILL BE
30 DANVERS ROAD DOCUMENTED AS PER SPECIAL
SWAMPSCOTT, MA 01907 CONDITIONS INDICATED IN
INTERIM APPROVAL RECYCLING
P£�4IT
Commonwealth of Mossochusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Metro BOston/NOrfheost Regional Office
William F. Weld
Gowmor
Daniel S.Greenbaum
C..Minionar
OCT 28 1991
Mr. Stuart Lamb RE: SWAMPSCOTT-DHW/DAQC
Trimount Bituminous Products Co. Northeast Region
1935 Revere Beach Parkway DHW RRM-NE-90-085
Everett, Massachusetts 02149 Recycling Permit
DAQC MBR-89-IND-086
CONDITIONAL APPROVAL
RECYCLING PERMIT
Dear Mr. Lamb: .
The Metropolitan Boston/Northeast Regional Office of the
Department of Environmental Protection, Divisions of Air Quality
Control and Hazardous Waste have reviewed the plans,
specifications, and the Standard - Operating and Maintenance
Procedures relative to the burning of specification used oil fuel
in your existing bituminous concrete batching plant located at 30
Danvers Road in Swampscott, Massachusetts . The air quality plan
application bears the seal and signature of Mr. Steven C. Bosland,
Massachusetts Professional Engineer No. 30669 . Both the air
quality plan application and hazardous waste recycling permit
application involve the same waste stream and are being
incorporated into one Department CONDITIONAL APPROVAL/RECYCLING
PERMIT.
This review of the submitted information by Department
engineers indicates that your Swampscott facility currently
utilizes either No. 2 fuel oil or specification used oil as fuel
to heat and dry aggregate in an existing rotary dryer. The dried
aggregate, consisting of sand and stone, is used to manufacture two
different bituminous products; bituminous concrete base/binder mix
and bituminous concrete top mix. The maximum production rate of
the Swampscott facility is 240 tons per hour (tph) of either
bituminous concrete base/binder mix or bituminous concrete top mix.
The existing Warren Brothers ACS Model No. 238 rotary dryer
is rated at a maximum energy input capacity of 109 , 850, 000 B.t.u.
per hour. The dryer is equipped with a Hauck Manufacturing Co.
Model No. JBC 7500 air atomizing burner which will utilize
specification used oil fuel as the primary fuel of use. The
maximum fuel firing rate will be 804 gallons per hour (gph) of
specification used oil. The normal fuel firing rate will be 491
gph of specification used oil fuel.
5 Commonwealth Avenue • Woburn, Massachusetts 01801 . FAX (617) 935-6393 • Tolaphono (617) 935-2160
Page 2
During normal operation the specification used oil fuel is
continuously recirculated through an electrically heated 7 , 500
gallon above ground storage tank and an unheated 10, 000 gallon
above ground storage tank. The heated storage tank maintains a
used oil temperature between 120 degrees Fahrenheit (degrees F) and
140 degrees F, or as required to achieve a fuel viscosity range
between 70 and 100 Saybolt Seconds Universal (SSU) . The fuel pump
is a positive displacement type of greater capacity than the burner
rating. The burner is supplied oil via a piping loop which
contains a relief valve, set at the pressure recommended by the
burner manufacturer. As the burner is throttled between low fire
to high fire, the appropriate amount of oil is bypassed back to the
tank. An additional pump is mounted between the two tanks to
circulate the oil so as to prevent stratification of the oil .
The maximum allowable sulfur content of the specification used
oil fuel must not exceed 0 . 5 percent by weight. Each shipment of
used oil accepted by Trimount Bituminous will be certified as
meeting the requirements specified in 310 CMR 7 . 05 (8) .
The secondary fuel of use in the burner will be, No. 2 fuel oil
having a maximum sulfur content of 0 . 3 percent by weight. The
maximum firing rate for the secondary fuel will be 790 gph.
Particulate emissions from the aggregate drying process are
controlled by a cyclone pre-cleaner followed by a baghouse . The
overall particulate collection efficiency for the cyclone is
estimated to be 81. 06 percent. Any collected material from the
cyclone will be removed continuously by a screw conveyor and
returned to the process. The particulate emissions from the
aggregate dryer and other bituminous concrete batching facility
operations are further controlled by a Pulse Clean Model No. 684-
10 baghouse. The baghouse currently handles inlet air volumes of
43 , 892 actual cubic feet per minute (acfm) at 283 degrees F when
processing the "top mix" and 33 , 882 acfm at 281 degrees F when
processing the "base/binder mix" . The single compartment baghouse
utilizes 684 , 14 ounce Nomex felted filter tubes. The 8 , 174 square
feet of total effective filter area will provide respective air to
cloth ratios of 5 . 4 and 4 . 2 to 1 under these operating conditions .
The baghouse is normally maintained at a pressure drop between 2
and 6 inches water gauge. During the cleaning cycle, 36 of the 684
filter tubes are cleaned every 11 seconds by pulse jet while the
balance of the bags remain in operation. The collected material
is removed continuously from a trough hopper by a screw conveyor
and recycled back to the batching process . The overall particulate
collection efficiency of the baghouse has been estimated by
Trimount Bituminous to be 99 . 98 percent.
J
Page 3
The existing air handling system for the baghouse is a New
York Blower Model No. 711 centrifugal fan having a maximum air
handling capacity of 58, 950 standard cubic feet per minute (scfm) .
While operating under a static pressure of 11 inches Of water, this
fan directs the controlled process air stream from the baghouse
through an existing 48 inch diameter stack. The top of this stack
is located 32 feet above ground level . The gas exit velocities
from the stack are 58 feet per second at 263 degrees Fahrenheit and
45 feet per second at 261 degrees F while processing
"base/binder mix" , respectively. "top mix" and
The Department is of the opinion that the plans,
specifications, and the Standard Operating and Maintenance
Procedures pertinent to the submittal are in conformance with
current air pollution control engineering practice and meet the
requirements for Regulated Recyclable Materials. The Department
hereby grants Trimount Bituminous Products Company CONDITIONAL
APPROVAL for burning specification used oil fuel and a CLASS A
REGULATED RECYCLABLE MATERIALS PERMIT for the management of said
material with the following provisions :
1. ) That Trimount Bituminous shall not utilize used oil fuel
stored` in the unheated storage tank unless proper
measures are employed to prevent stratification of the
contents. As a minimum, prior to start up each season
the fuel shall be recirculated between the unheated and
heated storage tanks for at least a half day for proper
mixing. Each day, prior to start up, the fuel shall be
recirculated for one half hour before use.
2 . ) That Trimount Bituminous Products Company shall submit
the following items of information to this office within
60 days of receipt of this CONDITIONAL APPROVAL/RECYCLING
PERMIT, for Department review and a
APPROVAL. written FINAL
a) a worst case estimate of the air pollutants in the
products of combustion (including acid gases) which
are expected to be emitted by the subject
specification used oil fuel/fossil fuel utilization
facility.
b) a detailed proposal of the sampling methodology
nous o
which will be followed by Trimount Bitumiits
independent third party agent for the quality
assurance of the specification used oil fuel
received.
3 . ) That Trimount shall have readily accessible at all times,
a minimum of 65 replacement filter tubes for the
baghouse.
Page 4
4 . ) That Trimount Bituminous shall conduct emissions testing
of the used oil fuel/fuel utilization facility, if and
when it is deemed necessary by the Department. All
emissions tests shall be conducted in accordance with the
procedures set forth by the appropriate EPA Reference
Test Methods. At least 45 days prior to an actual test,
a written pretest protocol must be submitted to this
office for written Department approval. A test results
report shall be submitted to this Office within 60 days
of completion of such emissions test for written
Department approval.
5 . ) That Trimount Bituminous shall conduct a performance test
on the particulate control equipment prior to seasonal
startups to locate/identify any defective filter tubes. I . , ;
The test methodology chosen to comply with this
requirement shall be included in the Standard operating �=
and Maintenance Procedures (see proviso No. 8) . A
c
description of the proposed test method shall be/ 1=
submitted to the Department for concurrence within 60 !
days of receipt of this Conditional Approval Recycling
Permit.
6 . ) That Trimount Bituminous shall demonstrate annually to
the Department that a minimum combustion efficiency of
99 . 5 percent is being achieved at its specification used
oil fuel/fuel utilization facility in Swampscott,
Massachusetts. Each annual report shall be submitted to
the attention of the Air Quality Section Chief and shall
be received by this office within 60 days of the actual
startup date of each production season.
7 . ) That in the event of a malfunction of the air pollution
control equipment, the plant shall immediately cease
operation until the problem has been corrected. This
Office shall be immediately notified by telephone (or
Fax at (617) 935-6393) , and subsequently in writing
within seven days of occurrence, of such a malfunction.
The written confirmation shall describe the malfunction,
the possible reason(s) for the malfunction, and future
action (s) to be undertaken to prevent the malfunction
from recurring.
Page 5
8 . ) That Trimount Bituminous shall maintain an equipment
maintenance and repair log which will be made available
for review by Department personnel during normal business
hours. The last three years of data shall be kept on
file at the Swampscott facility. As part of this log,
Trimount Bituminous shall maintain monthly baghouse
reports. Each report shall specify as a minimum the
numbers of bags replaced, the overall condition of the
baghouse, and the date (s) on which the unit was inspected
during the subject month.
9 . ) That visible emissions from the facility shall be no
greater than five (5) percent opacity. The only
exception to this restriction will be for a period, or
an aggregate period, of two minutes within any one hour
when the visible emissions may have an opacity of greater
than five (5) percent but less than or equal to twenty
(20) percent. At no time shall visible emissions exceed
twenty (20) percent opacity.
10 . ) That the facility shall not exceed the emission
limitation for particulate matter of 0 . 04 grains per dry
standard cubic feet at all times as specified in Title
40 of the Code of Federal Regulations, New Source
Performance Standards Part 60 Subpart I - Standards of
Performance for Hot Mix Asphalt Facilities .
11. ) That all the specification used oil fuel received by
Trimount Bituminous Products Company shall meet all the
waste oil specifications contained in Table 310 CMR
7 . 05 (8) , Table 310 CMR 30 . 216 and specifically the
provision for 1, 000 ppm or less of total halogens as per
310 CMR 30. 215 (1) (b) . Quarterly specification used oil --
fuel analysis reports shall be completed within 30 days
after the end of the subject quarter and shall be kept
on site. Each report shall include the waste oil
analysis obtained from supplier (s) for each bulk shipment
of specification used oil fuel as well as one independent
third party laboratory analysis per quarter over the
course of each production season. The reporting format
for all specification used oil fuel analyses shall
include, as a minimum, the constituents which are listed
in Table 310 CMR 7 . 05 (8) and Table 310 CMR 30 . 216 . In
addition, each quarterly report shall include the
quantity of specification used oil fuel, No. 2 fuel oil
and/or natural gas burned in each month at the subject
facility.
G
l
Page 6
12 . ) That a complete description of the analytical
procedure (s) used to obtain the information required in
Proviso No. 11 above and of the procedure (s) to be used
to determine that the used oil fuel is specification used
oil fuel shall be submitted to this Office, Attention:
Hazardous Waste Compliance Section Chief, by Trimount
Bituminous within 60 days of receipt of this letter.
This information shall also include a statement naming
each laboratory at which samples of the used oil fuel
were and will be analyzed. All laboratories must be
certified by the Commonwealth of Massachusetts and a copy
of the state certification must be included with the
information as well as the quality assurance procedures
to be used by each laboratory.
13 . ) That Trimount Bituminous shall maintain fuel purchase
orders for the last three years on file at the facility. /
These records shall be available to Department personnel
during normal business hours .
14 . ) That should any nuisance condition (s) occur as a result
of the operation of this facility, then appropriate steps
shall be immediately taken by the Trimount Bituminous
Products Company to abate said nuisance condition (s) .
15 . ) That no asbestos containing material shall be used in the
production of bituminous concrete at this facility.
16 . ) That Trimount Bituminous shall submit to this Office
the names, addresses and EPA identification numbers of
all the suppliers from whom specification used oil fuel
shipments are to be accepted by the facility. This
information must be submitted to the Department within
30 days of receipt of this Conditional Approval/Recycling
Permit.
17 . ) That if Trimount Bituminous intends to receive used oil
fuel from sources outside of the Commonwealth of <'
Massachusetts, the Department shall receive a written
statement of verification from those suppliers pursuant
to 310 CMR 30. 009, stating that:
a) the information contained in the application is
correct and accurate and
b) the activity that they are, and/or intend to engage
in is in compliance with applicable State and
Federal laws and regulations .
D
i
Page 7
18 . ) That Trimount Bituminous shall immediately notify the
Department for concurrence of any change in
characteristics , composition, or source of any
specification used oil fuel that would require that the
material be managed differently, that the conditions of
the permit be changed, or that the permit be suspended
or revoked.
19 . ) That Trimount Bituminous shall not mix the specification
used oil fuel with any waste oil, any hazardous waste
fuel, or any unused fuel oil unless such mixing is
incidental to the filling of an empty tank or container.
20. ) That while Trimount Bituminous is authorized to burn off-
site generated specification used oil fuel, Trimount
Bituminous shall not receive, nor shall contract to
receive any (emphasis added) off-specification used oil
fuel, waste oil, or hazardous waste fuel. If the
permittee receives or otherwise comes to possess any off-
specification used oil fuel, waste oil or hazardous waste
fuel, the permittee shall immediately notify the
Department and shall manage such material as hazardous
waste in compliance with all provisions of 310 C14R 30 . 00
et seq.
Failure, to comply with any , of the above provisions will
constitute a violation of the "Regulations" , and can result in the
revocation of the Conditional Approval/Recycling Permit granted
herein to operate the described facility. Please be advised that
this Conditional Approval/Recycling Permit will allow the applicant
to accept and utilize off-site generated specification used oil
fuel, only upon issuance of a Final Approval. Such final approval
should not be construed as an approval to utilize any on-site
generated specification used oil fuel, off-specification used oil
fuel, waste oil or hazardous waste fuel .
For Air Quality Control purposes, an Environmental
Notification form is not required for this action since it is
categorically exempt pursuant to the regulations governing the
preparation of environmental impact reports adopted by the
Secretary of Environmental Affairs.
This plan approval is an action of the Department. If you are
aggrieved by this action, you may. request an adjudicatory hearing.
A request for a hearing must be made in writing and postmarked
within twenty-one (21) days of the date you received this plan
approval.
Page 8
Under 310 CMR 1. 01 (6) (b) , the request must state clearly and
concisely the facts which are the grounds for the request, and the
relief sought. Additionally, the request must state why the plan
approval is not consistent with applicable laws and regulations .
The hearing request along with a valid check payable to the
Commonwealth of Massachusetts in the amount of one hundred dollars
($100. 00) must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, Massachusetts 02211
The request will be dismissed if the filing fee is not paid
unless the appellant is exempt or granted a waiver as described
below.
The filing fee is not required if the appellant is a city or
town (or municipal agency) , county, or district of the Commonwealth
of Massachusetts, or a municipal housing authority.
The Department may waive the adjudicatory hearing filing fee
for a person who shows that paying the fee will create an undue
financial hardship. A person seeking a waiver must file, together
with the hearing request as provided above, an affidavit setting
forth the facts believed to support the claim of undue financial
hardship.
Please be advised that this CONDITIONAL APPROVAL/RECYCLING
PERMIT does not negate the responsibility of Trimount Bituminous
Products Company to comply with this or any other applicable
federal, state or local regulations . Nor does this CONDITIONAL
APPROVAL/RECYCLING PERMIT imply compliance with any other
applicable federal, state, or local regulations, now or in the
future.
Carefully read the attached "General Conditions" and the above
specific conditions regarding your recycling permit. If you are
in agreement with the terms and conditions discussed throughout
this document, please sign the certification page of the enclosed
permit and forward a signed copy to the address on this letterhead.
Page 9
Should you have any questions concerning this matter, please
do not hesitate to contact Mr. James Belsky, Air Quality Section
Chief, or Mr. Edward Pawlowski, Hazardous Waste Compliance Section
Chief, at the Metropolitan Boston/Northeast Regional Office, 5
. Commonwealth Avenue, Woburn, Massachusetts 01801 .
Very truly yours,
Edward H. MacDonald
Regional Engineer
for Waste Prevention
EHM/Ejb/jb
cc: Department of Health & Hospitals, 1010 Massachusetts Avenue,
Boston, MA 02118
Edward Pawlowski, DEP/NERD
Steven Dreeszen, DEP/DHW, 5th Floor, Boston, MA 02108
Reporting Monitor, DEP/NERD
DEP/SERO, Lakeville Hospital, Main Street,
Lakeville, MA 02346 ATTN: Mark Poudrier
enclosures
EARTH REMOVAL PERMIT FOR
BARDON TRIMOUNT/LYNN SAND AND STONE
HEREINAFTER (BTLSS)
Pursuant to the authority granted to us , the Board of
Selectmen; pursuant to the Town Earth Removal By-law, the
police powers granted to us by the Commonweatlh, State and
Federal statutes , regulations , and commonlaw, hereby
condition the earth removal operation of Bardon Trimount .
After careful consideration and many meeting between
the Earth Removal Advisory Committee (FRAC) and
representatives from Bardon Trimount to discuss the
conditions of this permit , the following permit is granted
to promote the health, safety and welfare of the town.
The Board of Selectman find that the Earth Removal
Operation will not be contrary to the best interest of the
town subject to the conditions imposed by this permit . and
the applications and submittals with the application
constitute a complete filing upon which permit can be
granted .
In addition to the provisions of the town' s Earth
Removal By-Law, the following are the conditions imposed:
G=
(***Notice . All documentation to be submitted to the ERAC
shall be sent to the Selectmen' s office . )
1 . The area of proposed excavation shall be clearlyo C
delineated on the plan attached . There shall be no
excavation outside the designated areas .
2 . BTLSS shall provide spot elevation readings at the Q
intersection of Nichols Street and Windsor Avenue, the
top of Overhill Road, the intersection of Eastman
Avenue and Essex Street , and MacArthur Circle.
3 . BTLSS shall street sweep all dirt and debris from the
bridge at Danvers Road to the driving range and quarry
& ready-mix roadways at least once every 14 days , more
often if needed. Cold weather factors will waive this
requirement .
4. BTLSS shall operate within local , state and federal
standards concerning safe levels of dust and noise .
5 . BTLSS shall maintain the integrity of its outer
fence and to patrol the fence as needed, however , at a
minimum of once per week making repairs within 48 hours
of any notice that a portion of the fence has been
breached.
(1)
6. BTLLS shall agree to hold the Town of Swampscott
harmless for any damages arising from the Earth Removal
Operation. (Terms subject to acceptance by the Town
council . ) In addition, BTLSS will provide a
Certificate of Insurance for at least one million
dollars , single limit , naming the Town of Swampscott as
an additional insured. This insurance provision is
subject to review by the Insurance Advisory Board
( IAB) .
7 . HOURS OF OPERATION :
The following hours of operation are conditioned upon
the commitment of BTLSS to insitute noise abatement
modifications to the primary crushing plant on or before
April 1 , 1996 . Said hours of opeation shall be strictly
adhered to during the term of this permit . It is
anticipated the noise abatement meausres shall result in a
substantial decrease of noise .
A. Primary Crushing Plant . The primary crushing
plant may crush stone from the hours of 7AM to 9PM
Monday thru Friday . Saturday crushing hours will
be 7 : 30 AM to 4 : 00 PM. Loaders and trucks
directly associated with this operation will not
move before the 7AM and 7 : 30 AM start times .
B . Secondary Crushing Plant . The secondary crusher
plant may crush stone from the hours of 6AM to
1OPM Monday thru Friday . Saturday crushing hours
will be 7 : 30 AM to 4 : 30 PM.
C. Drilling operations . Drilling operations may
operate between the hours of 7AM to 7PM Monday
thru Friday . Saturday drilling hours will be 7 : 30
AM to 4 : 00 PM.
D. Blasting operation. All blasts must targeted to
be shot between the hours of 10 : 30 AM and 2 : 00 PM
Monday thru Friday. Weather and safety
considerations will superceed this time frame .
E. Quarry Stockpiling Operations & Customer Sales .
The quarry stockpiling and moving of materials
operations may operate from the hours of 6 AM to
1OPM Monday thru Friday . Saturday hours for
stockpiling will be 7 : 30 AM to 4 : 00 PM. Saturday
hours for trucks picking up product will be 7 : 00
AM to 4 : 30 PM.
F . Bituminus Production Plant . The bituminus plant
may operate 24 hours a day 7 days a week .
G. Concrete Production Plant . The concreted plant
may operate 24 hours a day 7 days a week .
( 2 )
H. No Sunday or holiday hours are permited except as
provided in paragragh F & G.
I . All equipment & production plants may undergo
warming-up, cooling down, oiling, greasing,
Preventative maintanance, and general repairs
outside of the permitted hours , however , if it is
determined that the related noise has become
unreasonable, then this provision shall be subject
to interim revision.
S . BTLSS is required to submit to the ERAC weekly
seismograph report readings which may be posted on the
Town Hall bulletin board by the ERAC .
9 . BTLSS shall provide the ERAC with copies of all future
test results and reports from FEDERAL MINE SAFETY and
HEALTH ADMINISTRATION that are currently conducted at
the quarry . In addition, BTLSS agrees to provide
the ERAC with a copy of the most recent tests , results ,
and reports .
10 . Water Discharge . BTLSS is required to provide the
ERAC copies of the reports of the monthly testing
results presently being performed pursuant to its
current discharge permit . Subsequent copies of the
monthly tests are to be forwarded to the ERAC and
may be posted in Town Hall .
11 . All land owned by BTLSS located in the highlighted
greenbelt buffer as depicted on the plan attached, FXL"
that is not presently disturbed, shall be maintained by
BTLSS undisturbed as the natural greenbelt buffer for GiE�
safety and to buffer noise and dust emanating from the
earth removal operation . In addition, BTLSS will
investigate the feasibility of acquiring the few odd
parcels that are privately owned on the outlined map in Q
order to preserve the existing natural greenbelt buffer
between the quarry and its residential neighbors .
12 . Tree planting . BTLSS shall retain a landscape
engineer, qualified by training and experience to
prepare a plan of planting for the greenbelt buffer
area to the south that was cut down and cleared with no
permits by BTLSS . The plan should include a survey of
the area, and a description of the proposed tree and
plant types to be planted . A specific time schedule as
to when the plants and trees will reach maturity . This
plan must be approved in advance by the ERAC prior to
implementation. Implemetation of the approved plan
shall be completed by October 30 , 1996 .
13 . Concrete and Asphalt . BTLSS shall identify
areas where concrete and asphalt have been dumped and
report on the present day condition of said land.
This report shall be provided to the ERAC by December
1 , 1996 .
( 3)
14 . BTLS is required to furnish the names of two (2)
representatives who are to be contacted in the event of
a problem or when otherwise necessary .
15 . BTLLS shall provide a plan to close the quarry. This
report should be from a qualified expert in such
matters . Examples of others closures and plans around
the country should be included . This report shall be
presented to the ERAC by April 7 , 1997 .
16 . The Earth Removal Advisory Committee, as well as other
town officials shall be allowed to access the site for
all reasonable or necessary purposes . All
Town officials will report to the Scale house upon
entering the property .
17 . This permit shall expire June 30 , 1996 . The ERAC
recommends application for a new permit at least ( 3 )
months prior to the expiration of the current permit .
BTLSS must be in full compliance with the existing
permit before a new permit or extension will be
granted .
18 . BTLSS shall provide a surety bond in the amount of
$ 100 ,000 . 00 to insure compliance with the terms ,
conditions , limitations and safeguards of this permit
and to indemnify the town for any harm to any well ,
road, wetland or other resource caused by such removal ,
the removal operations , the equipment used on the
premisis or by ancillary activities .
19 . BTLSS has agreed to conduct a noise study commencing on
or before December 15 , 1995 , which study shall take
place over a period of six months by an independent `�
engineering firm for the purpose of establishing
information to the Board of Selectmen concerning noise G
levels during the hours of operation of the quarrying Q
operations . This report shall be filed with 'the Board
of Selectmen on or before June 1 , 1996 .
BTLSS has also agreed to conduct a noise measurement
test on or before December 15, 1995 to establish the
exising level of noise at the quarry, and a second test
during the month of May 1996 for the purpose of
measuring the level of noise at the quarry after
promised noise abatement construction and alterations
are in place .
A representative of the ERAC must be present to witness
the conditions being tested .
Results of the tests taken in December and May will be
reviewed by the ERAC . Results of these test may
have a substantial impact on the hours of operation on
the new permit to be issued July 1996 .
These reports and results shall be submitted to the
Selectmen on or before June 1 , 1996 .
( 4)
5
20. A fee in the amount of$150.00 shall be paid by BUSS for the administration of the permit
and the related By-Law.
The Board of Selectmen
Q
0
The Board of Health concurs with the terms and conditions of this permit and will cooperate
with The Board of Selectmen enforcing this permit.
The Board of Health