2015 DEP LETTER PHASE IV REMEDIAL ACTIONS Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street;Wilmington MA C1887.978-694-3200
Charles D. Baker Governor RECEIVED
Matthew A. Beaton
Secretary
Karyn E. Polito SEP 10 2015 Martin Suuberg
Lieutenant Governor
Commissioner
�D[ S:,LEM
tics ,ID OF HEALTH
September 4,2015
David Knowlton, PE RE: SALEM=Solid Waste Management/COR
City Engineer Salem Transfer Station
Salem City Hall 12 Swampscott Road
93 Washington Street FMF Number: 39974
Salem,MA 01970
BWP SW45/AnyFacility-Alternative Review
Transmittal Number:X267349
Approval: Temporary Yard Waste Operation
Dear Mr.Knowlton:
The Massachusetts Department of Environmental Protection,Northeast Regional Office, Bureau of Air
and Waste, Solid Waste Management Section("MassDEP")has received the City of Salem's application
(BWP SW 45,Any Facility-Alternative Review, Transmittal Number X267349)to temporarily stop the
existing transfer station operation, except for the drop-off of yard waste from the residents of the City at
the existing construction and demolition handling facility(Salem Transfer Station)located on
..Swampscott Road in Salem,Massachusetts(the"Facility"). The application dated September 1, 2015
was submitted to the MassDEP on your behalf by Tighe&Bond of Westwood,Massachusetts. The
application was supplemented on September 4,2015,with additional detail provided in an email from
Tighe &Bond(collectively the "application").
The City proposes to temporarily stop the transfer station operations, except for the collection of yard
waste from the residents of the City. The City will collect and temporarily store yard waste on site in a
designated area and then transport it offsite as is, or chip it prior to transporting the material off site.
MassDEP has determined that the application, as conditioned by this decision, complies with the
requirements of 310 CMR 19.000. Therefore, in accordance with M.G.L. Chapter 111, § 150A and 310
CMR 19.000,MassDEP approves the proposed temporary yard waste operation subject to the City's
compliance with the following conditions imposed by MassDEP pursuant to 310 CMR 19.043(1).
1. The City shall comply with 310 CMR 19.000 including,but not limited to, section 310 CMR
19.043(5)Standard Conditions of the Solid Waste Management Regulations.
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TTY#MassRelay Service 1-800-439-2370
MassDEP Website:w .mass.gov/dep
Printed on Recycled Paper
Salem-Solid Waste Management Page 2 of 3
Salem Transfer Station Transmittal X267349
2. The City shall comply with 310 CMR 40.0000,the Massachusetts Contingency Plan, "
including, but not limited to section 310 CMR 40.0,114 Solid Waste Management Facilities.
3. This approval will expire on December 31,2015. The City may request an extension of the
approval provided it makes such request to MassDEP in writing by no later than November 15,
2015. MassDEP may,in its discretion,grant such an extension in writing.
4. The City shall monitor the yard waste operation at all times when the site is open and receiving
material.
5. The City promptly shallenter into an Administrative Consent Order ACO with MassDEP for
performing the capping of the existing ash landfill and securing the existing Transfer Station/Old
Incinerator building.
NOTICE OF RIGHT TO APPEAL
The City of Salem is hereby notified that they may,within twenty-one (21)days file a request that this
decision be deemed a provisional decision under 310 CMR 19.033(4)(b),by submitting a written
statement of the basis on which they believe they are aggrieved,together with any supporting materials.
Upon timely filing of such a request,the decision shall be deemed a provisional decision with an effective
date twenty-one(21)days after the Department's receipt of the request. Such a request shall reopen the
administrative record, and the Department may rescind, supplement,modify, or reqffirm its decision.
Failure by the Parties to exercise the right provided in this section shall constitute a waiver of the Parties'
right to appeal.
Appeal. Any person aggrieved by the issuance of this decision, except as provided for under 310 CMR
19.033(4)(b),may file an appeal for judicial review of said decision in accordance with the provisions of
M.G.L. c. 111, s. 150A, and M.G.L. c. 30A,not later than thirty(30) days following the receipt of the
final decision. The standing of a person to file an appeal and the procedures for filing such appeal shall be
governed by the provisions of M.G.L. c.30A.Unless the person requesting an appeal requests and is
granted a stay of the terms and conditions of the decision by a court of competent jurisdiction,the
decision shall remain effective.
Notice of Action. Any aggrieved person intending to appeal this decision to the Superior Court shall first
provide notice to the Department of their intention to commence such action. Said notice of intention
shall include the Department file number and shall identify with particularity the issues and reasons why
it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel
of the Department and the Regional Director for the regional office which processed the application. The
appropriate addresses to which to send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street-3rd Floor
Boston,MA 02108
Eric Worrall
Regional Director
Department of Environmental Protection
205B Lowell Street
Wilmington,MA 01887
Salem TS-X267349-YardWaste_2015_Sep_4 9/4/15
Salem-Solid Waste Management Page 3 of 3
Salem Transfer Station Transmittal,X2673 49
No allegation shall be made in any judicial appeal of this decision unless the matter complained of was
raised at the appropriate point in the administrative review procedures established in those regulations,
provided that a matter may be raised upon a showing that it is material and that it was not reasonably,
possible with due diligence to have been raised during such procedures or that matter sought to be raised
is of critical importance to the environmental impact of the permitted activity.
If you have any questions in regards to this matter please contact Richard Spieler at 978-694-3317.
Sincere Sincerely,
Richard J. S er WctingSolhid
Environmen al Engineer aste Section Chief and
Solid Waste Management Section Deputy Regional Director
SR/RJS/rjs
cc: David Murphy, PE
Tighe &Bond
damuMhv@tigheboiid.com
Jaclyn Caceci,PE
Tighe &Bond
imcaceci@tighebond.com
Salem Board of Health
120 Washington Street, 4 b Floor
Salem,MA 01970
Beth Rennard,Esquire, City of Salem
Jeanne Argento, OGC,MassDEP NERO
Salem TS-X267349-YardWaste_2015_Sep_4 9/4/15
DEROSA
Environmental \)TING, NC. j/,
. .'.Il ��'' I6lMaM Sbee,P.O.Box]16�PoMry,MA02969 USA
SEPTEMBER 4,2015 2015 de,or«n"��mreo,
C1 Y OF SALEM
OAND OF HEALTH
Salem City Hall
93 Washington Street
Salem, MA 01970
ATTN: Board of Health
RE: Notice to Public Officials of
Implementation of Phase IV Remedial
Actions
342 Highland Street/6 Barcelona Ave.
MADEP RTN:3-028521
Dear Board of Health:
The purpose of this letter is to inform you that field work related to the implementation of the
Phase IV remedial actions for the Site located at 6 Barcelona Ave., Salem will begin. The Phase IV
Remedy Implementation Plan was filed electronically with the Massachusetts Department ofi
Environmental Protection(MADEP). The Phase IV work will consist of removal of soil and
confirmatory sampling after the excavation. This work should take approximately one week..We
expect to file a Permanent Solution Statement and Report within the next 2 months.
Documents related to this action are available online at
http://public.dep.state.ma.us/SearchableSites2/Search.asp using the Release Tracking Number
(RTN)3-028521.
This public notification is provided pursuant to the Massachusetts Contingency Plan, 310 CMR
40.0000. Should you have any questions,please call anytime.
Should you have any questions,please call anytime.
Respectfully submitted,
DeRosa Environmental Consulting,Inc.
Michael J.DeRosa,LSP
Principal—DeRosa Environmental Consulting,Inc.
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887 .978-694-3200
DEVAL U.PATRICK RICHARD K.SULLIVAN JR.
Governor __- SEP 01 2011_ Secretary
TIMOTHY P.MURRAY " ' ! KENNETH L.KIMMELL
Lieutenant Governor Commissioner
or
Greg Wirsen RE: SALEM—Solid Waste Management/COR
Green Seal Environmental, Inc. Salem Transfer Station (Northside Carting, Inc.)
114 State Road, Suite B1 12 Swampscott Road
Sagamore Beach, MA 02562 FMF No: 39974
Application Category BWP SW 21
Transmittal Number: X239204 �,
Waste Ban Compliance Plan RE
E'f7. .IVED
Notice of Technical Deficiency
�Fp 13 2011
CITY OF SALEM
Dear Mr.Wirsen: BOARD OF HEALTH
The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau of
Waste Prevention, Solid Waste Section ("MassDEP") received your application category BWP SW 21
Modification of Previously Approved Permit-Small,Transmittal Number: X239204, requesting MassDEP
approval of the modified Waste Ban Compliance Plan, dated July 20, 2011 ("the Plan"),for the Salem
Transfer Station located at 12 Swampscott Road in Salem, Massachusetts (the "Facility"). The Facility is
permitted to receive and transfer construction and demolition ("C&D")waste.'
MassDEP has reviewed your application and determined that,as discussed in MassDEP's guidance
document"Guidance for Solid Waste Handling and Disposal Facilities on Compliance with MassDEP's
Waste Bans,i2 additional information is needed to support the application. In the following discussion,
instructions taken from the guidance document are in italics.
1. The application included sample signage; however,the Plan states the revised signage will be
posted 21 days from MassDEP's approval of the application. The proposed signage is acceptable
and must be posted as soon as possible. The ban on the disposal of clean gypsum wall board
became effective July 1, 2011.
Construction and Demolition Waste is defined as building materials and rubble resulting from the construction,
remodeling, repair or demolition of buildings, pavements, roads or other structures. Construction and Demolition
waste includes, but is not limited to: metal, concrete, bricks,lumber, masonry, road paving materials,rebar,
gypsum wallboard and plaster.
2 Copies of MassDEP's Guidance for Solid Waste Handling and Disposal Facilities on Compliance with MassDEP's
Waste Bans,and the standard Waste Ban Compliance Plan Form(Attachment G of the.guidance document),are
available online at:http://www.mass.Rov/dep/recycle/laws/policies.htm#bans.
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.Too#1-866-539.7622 or 1-617.574-6868
MassDEP Website:w .mass.govldep
Printed on Recycled Paper
SALEM—Solid Waste Management Page 2 of 3
Salem Transfer Station (Northside Carting, Inc.)
Revised Waste Ban Compliance Plan Transmittal No.: X239204
2. Facilities shall complete a minimum number of comprehensive load inspections per month. The
Inspection Frequency Table[in Part D. of the Waste Ban Compliance Plan Form]provides
guidance on the number of inspections MassDEP believes is reasonable to ensure compliance.
Facilities must indicate in their Waste Ban Compliance Plan whether they intend to employ
Option A or Option B.3
The application narrative states that the Facility currently receives only loads of less than five cubic .
yards and,therefore, no comprehensive load inspections are required.'The narrative also states
that if loads greater than five cubic yards are accepted in the future,that the Facility will conduct
eight comprehensive load inspections per month using Option B. This is consistent the Waste Ban
guidance document's recommendation that facilities with a permitted maximum capacity of 100
tons per day of waste should conduct a minimum of eight(8)comprehensive load inspections each
month,when using Option B.' However,this is inconsistent with the Inspection Frequency Chart in
the Plan that indicates twelve(12)comprehensive load inspections will be conducted.
3. The application states that the Facility routinely accepts materials,that are banned from disposal
and/or incineration, which are received as segregated loads or are separated from waste and
transferred off-site for recycling or reuse. As requested in Part E.3. of the Waste Ban Compliance
Plan Form ("Materials Management"), the Application must:
a. Identify(names and locations)the proposed receiving facilities to be used for outgoing
separated materials for each material type;
The,application does not identify all of the proposed off-site facilities that will receive
separated materials from the Facility [reference is made to the outlets identified in the
Facility's 2010 Solid Waste Annual Report,Attachment 6,which lists only Turner Steel in
Lynn, MA(for metal) and Miles River Sand and Gravel in Ipswich, MA(for ABC). If the
Facility intends to accept and manage waste ban materials other than metal and ABC,
then the application must provide the names and locations of all the facilities to.which the
separated materials will be transferred.
b. Identify the proposed receiving facilities to be used when transferring waste materials for
separation of recyclable material at the receiving facility. If located out of state, attach the
,receiving facility's state issued operating permit describing its operations,
The application states that all C&D waste will be transferred to TBI, Inc. in North Andover,
MA for separation of recyclable materials. No additional information is needed at this
time.
c. Identify the proposed receiving facility(or facilities)to be used for material disposal.
3 Option A:the contents of at least five bags from the load are inspected;Option B:the Facility opts not to open
bags. Refer to the Inspection Frequency Table in Section VI.B.of the guidance document.
4 In accordance with the guidance document,facilities permitted to receive 300 to 499 tons per day should
complete six comprehensive load inspections per month (opening bags)or twelve inspections per month(if the
Facility opts not to open bags). Refer to the Inspection Frequency Table in Section VI.B.of the guidance document.
SatemTS-X239204-NOTD 910112011
'r
SALEM—Solid Waste Management Page 3 of 3
Salem Transfer Station (Northside Carting, Inc.)
Revised Waste Ban Compliance Plan Transmittal No.: X239204
If the Facility does not propose to transfer material from the Facility for disposal, no
additional information is needed at this time.
Therefore, MassDEP cannot approve the application as submitted. Pursuant to 310 CMR 4.10(4)(1)3.c,
Northside Carting, Inc. (the "Applicant") may remedy this deficiency one-hundred eighty(180) days of this
notice by providing to MassDEP a revised Waste Ban Compliance Plan that addresses the above
comments. Should the Applicant fail to remedy this deficiency within this period, MassDEP, pursuant to
310 CMR 4.04(2)(d)4 shall deem the application as being withdrawn and any fee paid for the review of
the application shall be forfeited.
Pursuant to 310 CMR 4.04(2)(b)2.c., the Applicant, may within forty-five (45) days of this notice, elect to
proceed with the application as it now stands by so notifying MassDEP in writing. Should the Applicant
elect this option it may not,thereafter, in any manner amend, revise, replace or supplement this
application.
When addressing deficiencies or otherwise amending an application please include a Supplemental
Transmittal Form with your response. A copy of the Form is available online at www.mass.gov/dep.
Please note: Pending MassDEP's final decision on your application,the Facility has a continuing
responsibility to comply with the waste ban requirements at 310 CMR 19.017 prohibiting the disposal or
transfer for disposal of restricted materials, including the new waste ban on clean gypsum wallboard,
effective July 1, 2011.
If you have any questions regarding the above matter, please contact Mark Fairbrother at(978) 694-
3298.
Sincerely, Sincerely,
Mark G. Fairbrother /Section
A. Carrig n
Environmental Analyst Chief
Solid Waste.Management Section Waste Man/ementSection
JAC/M G F/mgf
cc: lames McQuade, MassDEP-Boston
Salem Board of Health
Greg Wirsen, GSE
Email:greg@gseenv.com
William Thomson
Northside Carting, Inc.
210 Holt Road
North Andover, MA 01845,
SalemTS-X239204-NOTD 910112011
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887�a (978 694-3200
DEVAL L.PATRICK R EC E� r9 E IAN A.BOWLES
Governor `ILi/r Y
Secretary
TIMOTHY P.HURRAY FEB 19 2008
Lieutenant Governor _ LCommi BURT
CITt' OF SALI=iVI Commissioner
BOARD OF HEALTH
CERTIFIED MAIL FEB
Elizabeth Rennard, Esq. Salem— Solid Waste/COR
City Solicitor Salem-Landfill
City HallSwampscott Road
93 Washington Street )crlity-No-39972
Salem, MA 01970 Re: Noncompliance Landfill Closure
NOTICE OF ENFORCEMENT CONFERENCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO RESPOND TO THIS NOTICE
COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Ms. Rennard:
On May 11, 2006, at the request of the City of Salem representatives of the Department of
Environmental Protection,Northeast Regional Office, Bureau of Waste (the "MassDEP") met
with Mayor Driscoll, you and other representatives of the City of Salem (the "City") to discuss
the closure of the Salem Landfill (the "Landfill"). The closure of the landfill is required pursuant
to an Administrative Consent Order with Penalty, File No. ACOP-NE-01-4005, that was
executed on April 4, 2002 (the "Order") between the MassDEP, the City, and Northside Carting.
At the meeting the City represented that it did not have the funds to move forward with the
closure of the Landfill. The City proposed instead to issue a Request for Proposal (the "RFP")
for the sale or long-term lease of the property. The RFP would require the new owner to
complete the closure of the Landfill in accordance with the Order and 310 CMR 19.000, the
Massachusetts Solid Waste Regulations. On June 12, 2006, the City's consultant, Alliance
Environmental Group, Inc. ("Alliance") submitted a schedule to the MassDEP for completing the
RFP process and closing the landfill. The schedule provided for the issuance of the RFP by
September 2006, selection of proposal by December 2006, and completion of the closure by June
2008. On March 28, 2007, the MassDEP received a letter from you indicating that the City was
evaluating two proposals in response to the RFP.
This information is available in alternate format Call Donald M.Comes,ADA Coordinator at 617-556-I057.TDD#866-539-7622 or 617-574-6868.
http://ww�w.mass.gov/dep•Fax(978)694-3499
Gt: Printed on Recycled Paper
Salem Page 2 of 4
Salem Landfill NOEC
As described, below the City is currently not in compliance with one or more laws, regulations,
orders, licenses, permits or approvals enforced by the MassDEP. The noncompliance consisted of
violations involving 310 CMR 19.000, the Massachusetts Solid Waste Management regulations, in
particular, the failure to complete the closure of the Landfill in accordance with the terms of the
Order, specifically:
1. Paragraph 15.C.7. of the Order requires in pthatl '
"Within sixty (60) days of the Department's [MassDEP's] approval of the CAAA
[Corrective Action Alternative Analysis], [the Parties] submit, for the
Department's approval, a Corrective Action Design (CAD), if necessary in
accordance with the regulations......"
The MassDEP approved the CAAA on April 20, 2005.
2. Paragraph 15.C.8. of the Order requires that:
"November 1, 2004, [the City and Northside Carting (the "Parties")] complete all
necessary corrective actions, including the installation of an approved final cover system
and obtaining approval of any existing unapproved post-closure uses, in accordance with
the regulations, Guidance Manual [Landfill Technical Guidance Manual] and the
approved CAD [Corrective Action Design]."
3. The Order provides that the City shall pay administrative penalties to the Commonwealth
of Massachusetts for violations of the Order, specifically:
a. Paragraph 20.13. of the Order provides that:
"In the event the City violates any provision of this Consent Order, or
further violates any of the requirements cited in Part II above, the City
shall pay to the Commonwealth the sum of Thirteen Thousand Seven
Hundred Fifty ($13,750) Dollars within thirty (30) days of receipt of the
Department's written notice thereof."
b. Paragraph 21 of the Order provides that the City shall pay stipulated penalties of
up to Two Thousand ($2,000) Dollars per day for violations of the Order. The
Order further provides that stipulated penalties shall begin to accrue on the day of
the violation(s) and shall to accrue until the day the violation is corrected.
As of the date of this Notice the City has failed to comply with the requirements of paragraphs
15.C.7. and 8. of the Order.
Due to these noncompliance issues,the MassDEP intends to take enforcement action against the
City. Possible actions include issuance by the MassDEP of an ENFORCEMENT ORDER, a
SalemLdf_City_NOEC08_02_13 2/13/08
Salem Page 3 of 4
Salem Landfill NOEC
CIVIL ADMINISTRATIVE PENALTY and/or referral of the matter for ATTORNEY
GENERAL'S OFFICE, CIVIL or CRIMINAL PROSECUTION.
7
An enforcement conference has been scheduled at this office on the following date and time:
LOCATION: MassDEP Northeast Regional Office
205B Lowell Street
Wilmington, Massachusetts 01887
DATE: March 13,2008
TIME: 2:00 PM
The purpose of the enforcement conference is to provide you with the opportunity to reach a
negotiated agreement with the MassDEP to return to compliance and pay a civil administrative
penalty as appropriate. The MassDEP believes that prompt resolution of this enforcement case in a
manner which ensures your expeditious return to compliance and resolves all penalty issues is
beneficial and consistent with the MassDEP's environmental protection goals. The enforcement
conference will provide you with the opportunity to discuss the alleged violations and return to
compliance and/or penalty conditions of a final enforcement document. Prompt settlement may also
decrease the resources you and the MassDEP might expend on protracted litigation of the issues.
If you do not attend the enforcement conference and reach a negotiated settlement, the MassDEP
will initiate appropriate enforcement action and you will have limited, if any, further opportunity to
reach a negotiated settlement of this case. These enforcement actions by MassDEP may include but
not be limited the issuance of a demand for the payment of the suspended penalty of Thirteen
Thousand Seven Hundred Fifty ($13,750) Dollars pursuant to paragraph 20.B. of the Order, the
assessment of stipulated penalties pursuant to paragraph 21 of the Order, and/or issuance of an
Unilateral Administrative Order by MassDEP establishing a schedule for completion of the closure
of the Landfill.
By March 8, 2008, please contact me at 978-694-3299 to confirm your attendance at the
Enforcement Conference and whether or not the City will have an attorney present.
Sincerel ,
John A. arrig , Cln f
Solid Waste anagement Section
r
JAC/RJC/JAC/j ac
SalemLdf_City_NOEC08_02_13 2/13/08
Salem Page 4 of 4
Salem Landfill NOEC
Cc: Kimberley Driscoll, Mayor
City Hall
93 Washington Street
Salem, MA 01970 4r+ 8A
mayor@salem.com ` V
Joanne Scott, Health Agent
Board of Health
120 Washington Street, 4th Floor
Salem, MA 01970
jscott@salem.com
Rep. John. D. Keenan
Room 136
State House
Boston, MA 02133
.JohnDKeenan@
ReP Hou.State.MA.US
Alan D. Hanscom, PE
BETA Group, Inc.
315 Norwood Park South
Norwood, MA 02062
AHanscom@beta-inc.com
Robert George
Northside Carting, Inc.
12 Swampscott Road
Salem, MA 01970
CERTIFIED MAIL 7007 0220 0002 1450 9690
FEB 19 2008
CITY OF SALEM
BOARD OF HEALTH
SalemLdf_City_N0EC08_02_l3 2/13/08
s Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•2058 Lowell Street, Wilmington MA 01887.978-694-3200
D VA_ -l:I-LICK RFEEWScI_I� , a:;
Gcieernor e �etry
JUL 17 7nJ KTH _
Jul 9 7 nn ' v '{IVMELL
C JO anus ontr
BGAriu Ur" FIcALTH
JUL 10 2013
William Thomson RE: SALEM—Solid Waste Management/COR
Northside Carting, Inc. Salem Transfer Station
210 Holt Road 12 Swampscott Road
North Andover, MA 01845 FMF Number: 39974
Mayor Kimberley Driscoll BWP SW07/Modification of Handling Facility - Large
Salem City Hall Transmittal Number:X255343
93 Washington Street Request for Additional Information
Salem, MA 01970
Dear Mayor Driscoll and Mr. Thomson:
The Massachusetts Department of Environmental Protection, Northeast Regional Office,
Bureau of Waste Prevention, Solid Waste Management Section ("MassDEP") has reviewed
your application for modification of the existing construction and demolition handling
facility (Salem Transfer Station) located on Swampscott Road in Salem, Massachusetts (the
"Facility"). Green Seal Environmental, Inc. of Sagamore Beach, Massachusetts ("GSE")
prepared and submitted the application, category BWP SW 07, Modification of a Large
Handling Facility, Transmittal No. X255343, to MassDEP on behalf of Northside Carting, Inc.
(the "Applicant"). MassDEP received the Application on June 14, 2013.
Your application has been assigned File Number X255343. In accordance with 310 CMR
19.031 (1) this File Number must be referred to on all future correspondence regarding
this application.
MassDEP has determined that your application is administratively incomplete because it
has not been signed by a responsible official of the applicant in accordance with 310 CMR
19.030(9).
In addition,based on our initial review of the application MassDEP requests the following
additional information to support the application:
This information is available In alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751,TDD#1-866-539-7622 or 1-617-574.6868
MassDEP Website:vrww.mass.govidep
Printed on Recycled Paper
-Salem-Solid Waste Management Page 2 of 3
Salem Transfer Station(Northside Carting, Inc.) NOAD Transmittal X255343
1. Provide the location of the ABC storage area and the leaf and yard waste
storage area on the site plan;
2. Provide additional detail of the Clear Span structure that includes,without
limitation:
• The structure foundation showing the extent of any excavation if
required and where any excavated material will be disposed of.
• The grading and drainage in and around the proposed building
including, but not limited to, a discussion of how potential water
contained in the waste will be handled within the building.
• The detail on how the proposed structure will be attached to the
existing building.
• The cut sheets and details specific to the Salem site
3. Provide additional documentation that the Wetland Order of Conditions dated
March 19. 2008 is still valid and that it would cover the proposed work. The
attached Order is valid for only three years from date of issuance (2011).
4. Identify all required local permits for the structure (building, fire department
etc.).
S. Since the western end of the proposed structure will be open what measure
will be used to prevent potential impacts of the operation (dust,noise and
odor) on the environment? How will the structure be secured during non
operating hours?
6. Revise the proposed building overlays as shown on the drawing titled:
"Proposed Clear Span Building",Sheet 1 of 2 dated 6/11/13 to reflect the
locations as shown on Sheet 2 of 2.Also include a north arrow.
7. Provide a note on Sheet 2 of 2 identifying the source of the survey information
(river, property line, building location, etc.) shown. Also include a north arrow.
Therefore, MassDEP cannot approve the application as submitted. Pursuant to 310 CMR
4.10(4)(k)3.c, the applicant may remedy this deficiency within one-hundred eighty (180)
days of this notice by providing to MassDEP a revised application that addresses the above
comments. Should the applicant fail to remedy this deficiency within this period, MassDEP,
pursuant to 310 CMR 4.04(2)(d)4 shall deem the application as being withdrawn and any fee
paid for the review of the application shall be forfeited.
Pursuant to 310 CMR 4.04(2)(b)2.c., the applicant, may within forty-five (45) days of this
notice, elect to proceed with the application as it now stands by so notifying MassDEP in
writing. Should the applicant elect this option it may not, thereafter, in any manner amend,
revise, replace or supplement this application.
When addressing deficiencies or otherwise amending an application please use the
Department's Supplemental Transmittal Form (copy available at the Department's web site).
Salem TS-X255343-NOTD Letter 20130705 7/10/13
Salem-Solid Waste Management Page 3 of 3
Salem Transfer station (Northside Carting, Inc.) NOAD Transmittal X255343
If you have any questions in regards to this matter please contact Richard Spieler at 978-694-
3317.
a
Sincerely, Sincerely, t
Richard J. Spieler John A. Carr gan
Environmental Engineer Section Ch of
Solid Waste Management Section Solid Waste Management Section
JAC/RJS/rjs
CC: Peter Flood
Green Seal Environmental, Inc.
114 State Road - Unit B
Sagamore, Beach, MA 02562
Salem Board of Health
120 Washington Street, 41h Floor
Salem, MA 01970
File Copy: Mass DEP- Nero/Solid Waste
Management/COR
Salem TS-X255343-NOTD Letter20130705 7/10/13
I�
ra
•
Specializing in Recycling and Demolition
March 10, 2016q r+
tIVED
MAR 14 2016
Salem Health Department _„, r Ul SALEM
120 Washington St#4 EUAHt) OF HEALTH
Salem, MA 01970
To Whom It May Concern:
Please be advised J.R.Vinagro Corporation will be performing asbestos abatement at the Former
Municipal Incinerator Facility,Salem, MA.
We are anticipating commencing this work on/about 03/14/16 and completing same around
04/29/2016.
If you have any questions, please feel free to contact our supervisor, Frank Riccio @ 401-255-7292 or
our office during regular business hours.
Thank you for your time and attention. Hope you're having a good day! O
Sincerely,
J.R. VINAGRO CORPORATION
V Qe l V GU ( -
Vanessa Del Valle
Project Coordinator
Cc: D1601-02
2208 Plainfield Pike,Johnston, RI 02919 tel(401}943-7100 - fax(401)647-5041
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Northeast Regional Office•205B Lowell Street, Wilmington MA 01887 .978-694-3200
DEVAL L PA—'RICK MAEVE VALLELY BA^TLLTT
Gmernor
Secretary
V�� OAVID w CASH
Commis&loner
SEp 0 8 2014
CITY OF SALEM
3OAfgo OF HEALTH - SEP 0 5- 2014
William Thomson RE: SALEM—Solid Waste Management/COR
Northside Carting, Inc. Salem Transfer Station
210 Holt Road 12 Swampscott Road
North Andover, MA 01845 FMF Number: 39974
Mayor Kimberley Driscoll BWP S W07/Modification of Handling Facility— Large
Salem City Hall Transmittal Number: X255343
93 Washington Street Approval: Time Extension to Submit Information
Salem, MA 01970
Dear Mayor Driscoll and Mr. Thomson:
The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau of Waste
Prevention, Solid Waste Management Section ("MassDEP") has reviewed your request to extend the date
for the submission of the additional information requested by MassDEP in our letter dated July 10, 2013,
for the modification of the existing construction and demolition handling facility(Salem Transfer Station)
located on Swampscott Road in Salem, Massachusetts (the"Facility"). The request was submitted to the
MassDEP on your behalf by Green Seal Environmental, Inc. of Sagamore Beach, Massachusetts("GSE")
by letter, dated August 29, 2014.
The extension is requested to allow the applicant additional time to decide a course of action for the
permitting of the facility based on the resolution of the Superior Court action of July 1, 2014 and a
meeting between the applicant and the City of Salem Solicitor/Legal Department schedule for September
8, 2014.
DECISION
The MassDEP approves the requested extension to December 5, 2014 subject to Northside Carting, Inc.
and the City of Salem compliance with the following conditions imposed by MassDEP pursuant to
section 310 CMR 19.043(1) of the Massachusetts Solid Waste Regulations.
On or before 5 PM December 5, 2014 Northside Carting, Inc. shall submit either:
1. The additional information requested in the MassDEP letter dated July 10, 2013; or
This information is available In alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751,Too#1-866-539-7622 or 1.617-574-6868
MassDEP Weesite:w .mass.9ovldep
Printed on Recycled Paper
Salem Page 2 of 3
Salem Transfer Station (Northside Carting, Inc.) Ext Request-Transmittal X25534
2. An application category BWP SW 05,Large Handling Facility for the demolition and
reconstruction of the transfer station at the site and an application category BWP SW 25,
Corrective Action Design, for the closure of the City of Salem landfill; or
3. An application category BWP SW 45,Alternative Review Process, with a schedule for the closure
and demolition of the existing transfer station and the closure of the City of Salem landfill.
This decision is issued by MassDEP under the authority of MGL, Chapter 1 11, Section 150A and 310
CMR 19.000,the Massachusetts Solid Waste Management Regulations.
NOTICE OF RIGHT TO APPEAL
Northside Carting, Inc. and the City of Salem (the"Parties")are hereby notified that that they may, either
separately orjointly, within twenty-one(21) days file a request that this decision be deemed a provisional
decision under 310 CMR 19.033(4)(b), by submitting a written statement of the basis on which the Parties
believe they are aggrieved, together with any supporting materials. Upon timely filing of such a request,
the decision shall be deemed a provisional decision with an effective date twenty-one(21)days after the
Department's receipt of the request. Such a request shall reopen the administrative record, and the
Department may rescind, supplement, modify, or reaffirm its decision. Failure by the Parties to exercise
the right provided in this section shall constitute a waiver of the Parties' right to appeal.
Appeal. Any person aggrieved by the issuance of this decision, except as provided for under 310 CMR
19.033(4)(b), may file an appeal for judicial review of said decision in accordance with the provisions of
M.G.L. c. 1 11, s. 150A, and M.G.L. c. 30A, not later than thirty (30)days following the receipt of the
final decision. The standing of a person to file an appeal and the procedures for filing such appeal shall be
governed by the provisions of M.G.L. c. 30A. Unless the person requesting an appeal requests and is
granted a stay of the terms and conditions of the decision by a court of competent jurisdiction, the
decision shall remain effective.
Notice of Action. Any aggrieved person intending to appeal this decision to the Superior Court shall first
provide notice to the Department of their intention to commence such action. Said notice of intention
shall include the Department file number and shall identify with particularity the issues and reasons why
it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel
of the Department and the Regional Director for the regional office which processed the application. The
appropriate addresses to which to send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street- 3rd Floor
Boston, MA 02108
Eric Worrall
Regional Director
Department of Environmental Protection
205b Lowell Street
Wilmington, MA 01887
No allegation shall be made in any judicial appeal of this decision unless the matter complained of was
raised at the appropriate point in the administrative review procedures established in those regulations,
provided that a matter may be raised upon a showing that it is material and that it was not reasonably
Salem TS-X255343-ExtReq_2014_Sep_3 9/3/14
Salem Page 3 of 3
Salem Transfer Station (Northside Carting, Inc.) Ext Request-Transmittal X25534
possible with due diligence to have been raised during such procedures or that matter sought to be raised
is of critical importance to the environmental impact of the permitted activity.
If you have any questions in regards to this matter please contact Richard Spieler at 978-694-3317.
n ely, Sincere]
Richard J. Spieler Vohn A. CarriganEnvironmental En neer ection ChiefSolid Waste Management Section olid Waste Ma ement Section
JAC/RJS/rjs
cc: Peter Flood
Green Seal Environmental, Inc.
peter@gseenv.com
Salem Board of Health
120 Washington Street,4"'Floor
Salem, MA 01970
File Copy: Mass DEP-Nero/Solid Waste
Management/COR
Salem TS-X255343-ExtReq_2014_Sep_3 9/3/14