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BARDON TRIMOUNT COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200 DEVAL L.PATRICK IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY ARLEEN O'DONNELL Lieutenant Governor Commissioner July 18, 2007 Dell� / URGENT LEGAL MATTER: PROMPT ACTION NECESSARY National Grid RE: Salem 170 Medford Streetwampscott oa Malden,MA 02148 RTN 3-26902 Attention: Ms. Erin Whoriskey NOTICE OF RESPONSIBILITY; MGL c. 21E & CMR 40.0000 Dear Ms. Whoriskey: On June 25, 2007 at 10:14 pm, the Massachusetts Department of Environmental Protection (MassDEP) received oral notification of a release/threat of release of oil/hazardous material at the subject location, which requires one or more response actions. Based on this information, MassDEP has reason to believe that the subject property or portion(s) thereof is a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E and the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. M.G.L. c.21E and the MCP govern the assessment and cleanup of disposal sites. The purpose of this notice is to inform you of your legal responsibilities under state law for assessing and/or remediating the subject release. For purposes of this notice, the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. http://www.mass.gov/dep•Fax(978)694-3499 CIO Printed on Recycled Paper National Grid Notice of Responsibility Page-2- STATUTORY LIABILITIES MassDEP also has reason to believe that you (as used in this letter "you" refers to National Grid) are a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E, Section 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport, disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter or disposer. It is also "joint and several", meaning that you may be liable for all response action costs incurred at the site,regardless of the existence of any other liable parties. The MCP requires responsible parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, MassDEP is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you can avoid liability for response action costs incurred by MassDEP and its contractors in performing these actions, and any sanctions,which may be imposed, for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by MassDEP. Response action costs include, without limitation, the cost of direct hours spent by MassDEP employees arranging for response actions or overseeing work performed by persons other than MassDEP or its contractors, expenses incurred by MassDEP in support of those direct hours, and payments to MassDEP's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) MassDEP may also assess interest on costs incurred at the rate of twelve percent (12%), compounded annually. To secure payment of this debt, the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three (3) times all response action costs incurred by MassDEP, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21E, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21E, the MCP,or any order,permit or approval issued hereunder. National Grid Notice of Responsibility Page-3- NECESSARY RESPONSE ACTIONS The subject site shall not be deemed to have all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify MassDEP immediately if such a need exists. MassDEP has determined that an IRA is necessary to respond to a release of oil and/or hazardous material at the subject site. You are authorized to conduct only the specific response actions for which you received oral approval from MassDEP at the time oral notification was provided to MassDEP of the subject release. All additional Immediate Response Actions require MassDEP approval in accordance with 310 CMR 40.0420. MassDEP reminds you that IRAs must include site assessment activities necessary to evaluate potential Imminent Hazard (IH), Substantial Release Migration (SRM), and Critical Exposure Pathway (CEP) conditions. Additional Immediate Response Actions will be required in the event an IH, SRM, or CEP condition is observed. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to MassDEP a Response Action Outcome Statement(RAO)prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at(617) 556-1091.] There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by MassDEP, must be provided to MassDEP within specific regulatory timeframes. The submittals are as follows: (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, National Grid Notice of Responsibility Page-4- (2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to MassDEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues a Notice of Responsibility(NOR),whichever occurs earlier; (3) Unless an RAO or Downgradient Property Status Submittal is provided to MassDEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310 CMR 40.0427) must be submitted to MassDEP within 60 calendar days of the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR,whichever occurs earlier; and (4) Unless an RAO or Downgradient Property Status Submittal is provided to MassDEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to MassDEP within one year of the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR,whichever occurs earlier. (5) Pursuant to the MassDEP's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $1,200 must be included with an RAO statement that is submitted to MassDEP more than 120 calendar days after the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or after the date MassDEP issues an NOR,whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to MassDEP within 120 days of the date of oral notification to MassDEP, or from the date MassDEP issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of MassDEP, the signature of an authorized representative of MassDEP. MassDEP encourages parties with liabilities under M.G.L. c. 2 1 E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. National Grid Notice of Responsibility Page-5- If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or(978) 694-3390. All future communications regarding this release must reference the Release Tracking Number(RTN) 3-26902 contained in the subject block of this letter. Sincerely, Joanne Fagan Brownfields and Permits Chief Bureau of Waste Site Cleanup cc: Board of Health,City of Salem,Joanne Scott "via electronic submittal', iscott@salem.com MassDEP data entry/file (NOR/Issued) Attachment: Release Notification Form; BWSC - 103 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS ' DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT {y BOB DURAND Governor / C/ JUL 31 200t12 Secretary LAUREN A.LISS CITY OF SALEM Commissioner BOARD OF HEALTH July 23,2002 Mr. Sean Scully RE: SALEM—Solid ste Beta Group Inc. a er�i Transfer Starion 1420 Providence Highway IMT Removal Suite 117 IMF 39690 Norwood MA, 02062 Dear Mr. Scully: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection,Bureau of Waste Prevention,Division of Solid Waste Management(the"Department'), approves the request from the Town of Salem to conduct an underground storage tank(UST) removal from the Salem Transfer Station in accordance with the Massachusetts Contingency Plan (MCP). In accordance with the MCP, if contamination is detected in soil or groundwater around the UST that requires a 2 or 72-hour Notification to the Bureau of Waste Site Cleanup, a Immediate Response Action(IRA)must be conducted pursuant to 310 CMR 40.0410 (Provisions of IRAs). At the conclusion of all IRA activities and submission of an IRA Completion Statement, any remaining soil or groundwater investigation will be conducted pursuant to 310 CMR 19.000(Solid Waste Management Regulations,)and the established guidelines presented in Departments guidance document;Landfill Technical tluidance Manual. (DEP Publication No. SWNM: 001-91-G;Rev. 5/97). Please be advised that the Department reserves the right to require additional assessment and investigation of the UST area based on a review of the analytical results. It is the applicants responsibility to comply with all other applicable federal,state, and local statutes and regulations as a prerequisite to conducting the UST removal. This information is ava8able in aaeraate format by eating our ADA Coordinator at(617)374-3972. 205A Lowell St. Wilmington,MA 01887 . Phone(978)881-7600 . Fax(978)881.7615 . TTD#(978)8814879 Web Site:http:1A~.Mass.Gov/DEP Printed on Recycled Paper !Salem Transfer Station UST Removal ° Page 2 of 2 Should you have any questions relative to this letter,please contact John Morey at(978)661-7663. Sincerely, Sincerely, J hn P. Morey 6idi O'Brien Environmental Analyst Deputy Regional Director cc: Mr. Stanley Bornstein, City of Salem Department of Public Works Salem Board of Health John Keenan, Salem City Solicitor,222 Essex Street, Salem,MA 01970 Robert George,Northside Carting,Inc., 215 Weathersfield, St. Rowley,MA 01969 I COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a a DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office a ARGEO PAUL CELLUCCI - D t �jy� 4 ED BOB DURAND Governor LIIOOII 1. Z r� Secretary JANE SWIFT Lieutenant Governor APR 1 7A00 LAUREN A.LISS EM Commissioner WEALTH D PT. April 4,2000 Mr.David Peter RE: SALEM-Metropolitan Boston Bardon Trimount,Inc. Northeast Region—Bureau of Waste Prevention 1101 Turnpike Street 310 CMR 30.200—Class A RRM Stoughton,Massachusetts 01801 Transmittal No.W009492 Permit No=NE-WO09492 LEVEL III RECYCLING PERMIT RENEWAL Dear Mr.Peter: The Metropolitan Boston/Northeast Region of the Department of Environmental Protection,Bureau of Waste Prevention("Department')has completed its Technical Review of the above listed application filed on January 6, 2000 for renewal of existing Level III—Class A Hazardous Waste Recycling Pemrit, NE-93-110. NE-93-110,issued by the Department to.you on Febmary 17, 1995, authorized th ec�lin_p�,f uetrclen c laminated soil ("PCS") in a cold ,emulsion asphalt batching process operated Danvers Road Salem Massachusetts 'facility"). Please note that while the majority of operations at the Bardon unt, Inc. facility at"30 Danvers Road" are performed within the boundaries of the Swampscott, the recycling activities authorized under this pemnt occur on the portion of the site located in Salem,Massachusetts. As a permitted Class A Hazardous Waste Recycling facility,Bardon Trimount,Inc.will continue to use PCS as a feedstock in the production of an unregulated asphalt product by mixing the PCS with asphalt emulsions at ambient temperatures above 320F. The Department understands that the PCS will not be mixed with asphalt cement to produce a cold mix asphalt material and it will not be utilized as a feedstock in the manufacturing of hot-mix asphalt. The asphalt product will be used in normal paving operations or in a manner consistent with the Departments Division of Solid Waste Management Regulations 310 CMR 19.000, will be environmentally and structurally stable, and will meet the appropriate industry standards. (Please note that one industry reference listed, "Table II Massachusetts Highway Department Specification M1.11.0", lists gradation requirements specifically for "reclaimed base borrow material for base course" and further states that the material must be "free from loam, clay and deleterious materials such as brick, reinforcing steel,glass,wood,paper,plaster,lathing,and building rubble etc.") The primary recycling process equipment, the existing batch plant equipment, has been previously approved by the Department's Division of Hazardous Waste (DHW RRM-NE-90-085), and the Division of Air Quality Control (DAQC MBR-89-IND-086), in a combined Approval/Permit issued on September 5, 4991. The NE-90-085 portion of the Approval/Permit was most recently updated by the submittal of a 21-Day Presumptive Approval Permit which became effective September 9, 1996. The Approval/Permit specifically authorized the burning of specification used oil fuel in the asphalt batching process. All provisions and conditions of the existing permit/approvals;shall remain as stated. This informatloo Is available in alternate format by calling our ADA Coordinator at(617)5746872. - 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 Printed on Recycled Paper Bardon Trimount,Inc.—Salem Transmittal No.W00942 Page 2 The existing feed bin and feed conveyor normally used to introduce recyclable asphalt materials('RAP")into the mixing process are used to introduce the PCS to the weigh box in the main plant. The asphalt emulsion is stored on site in one of the existing asphalt storage tanks and maintained at a temperature consistent with material specifications. The standard operating procedure ("SOP") for this process ensures that the asphalt emulsion is not mixed with the asphalt cement routinely stored in the tank. The emulsion is discharged from the weigh kettle into the pug mill and the ingredients are wet mixed for approximately 25 - 35 seconds depending on the specified product. The equipment is operated at a rate of 240 tons per hour. The weigh box and pugmill are vented to the dryer exhaust system and the overall gas flow remains essentially the same as described in Department Approval/Permrit: DAQC MBR-89-IND- 086/DHW RRM-NE-90-085. In the event that the existing equipment cannot be utilized to process PCS,Bardon Trimount, Inc.will engage the use of a portable mix plant manufactured by Midland Machinery Company, Inc. of Tonawanda, New York. This self-contained continuous pug mill, model T4100, will'also process soil at a Tate of 240 tons per hour. The asphalt emulsion will be pumped directly from the delivery truck through the plant mounted metering system. Bardon Trimount, Inc. will recycle up to 150,000 tons per year of soil that has been contaminated with petroleum distillates. These materials will be obtained from off-site soil remediation projects or from soil contaminated by accidental releases. The soil will be transported from the site of generation to the Salem facility under a 21E Bill of Lading in accordance with 310 CMR 40.0034 and 310 CMR 40.0035 or a Material Shipping Record (see attached Conditions of Acceptance). The transporter will cover the soil during transport to insure that evaporation of petroleum distillates is held to a ininimu m. All PCS is stored in a storage bin structure adjacent to the processing area. The concrete block storage bin structure is a 120 foot long by 60 foot wide roofed structure with 10 foot high reinforced concrete walls on two sides and a six inch thick sloped concrete slab floor equipped with a sump. The slab is sloped towards the sump to prevent the discharge of any liquids from the building. Also,there is a six inch thick bituminous concrete berm at the entrance of the structure to prevent the entrance of surface water. The roof covers the entire area. The storage building will contain a maximum of 5,000 tons of PCS at any one time. Equipment for handling any accumulation of liquid within the structure shall be provided and maintained. All areas utilized for the processing of PCS are be paved with bituminous concrete, including the travel area between the storage building and the feed bin of the main batching equipment, the travel area between the storage building and the portable mix plant. The layout for the processing areas originally submitted was most recently updated by a plan submitted to the Department on January 18, 1995. Based upon this review,the Department is issuing the enclosed recycling permit to Bardon Trimount, Inc., 30 Danvers Road, Salem,Massachusetts which authorizes the management of regulated recyclable material in accordance with G.L.c.21C and 310 CMR 30.200. The Department is of the opinion that the plans and specifications pertinent to the application are in conformance with G.L.c. 21C and 310 CMR 30.200, and hereby grants a HAZARDOUS WASTE RECYCLING PERMIT for the described operations,as submitted,with the following SPECIAL CONDITIONS as well as the attached CONDITIONS OF ACCEPTANCE and GENERAL CONDITIONS: 1. Bardon Trimount, Inc. will not exceed the storage capacity of 5,000 tons PCS in the proposed structure at any time. At no time will PCS be allowed to be stored in any other location at the facility. 2. Bardon Trimount,Inc. shall process all PCS into asphalt product within 120 days of its receipt at the facility. 3. Bardon Trimount,Inc.shall process all PCS into asphalt product at ambient temperatures above 32"F. 4. Bardon Trimount, Inc. shall perform all PCS recycling activities on an impervious surface as described in the application. PCS shall not be held in the processing area overnight. If a tanker containing asphalt emulsion is to be held at the facility overnight, it shall be moved inside a garage building with its valves secured. Bardon Trimount,Inc.—Salem Transmittal No.W00942 Page 3 - 5. Barden Trimount,Inc.shall cure all asphalt product outdoors on a paved surface. The curing product shall be covered when weather conditions require. Barden Trimount,Inc.shall maintain records at the facility identifying the recipient, date of shipment and estimated cubic yards for all shipments of asphalt product. 6. Bardon Trimount, Inc. shall immediately take appropriate steps to abate any nuisance condition(s), including but not limited to noise,dust and odor,generated by the operation of this facility. 7. Bardon Trimount, Inc. shall maintain on-site records to demonstrate that the Salem facility does not exceed the one ton per year limit of total volatile organic compounds (VOC) emissions. The twelve month rolling total average of the actual/potential VOC emissions shall be documented in accordance with the provisions stated in the "Response to Deficiency No. 4" section of Bardon Trimount Inc.'s October 17, 1994 submittal,also taking into consideration any non-gasoline VOC that may be present in incoming PCS. 8. Barden Trimount,Inc. shall, in addition to complying with 310 CMR 30.000,remain in compliance with all applicable requirements of the Massachusetts Air Quality Control Regulations as contained in 310 CMR 7.00, and any other policies,terms, and conditions that the Department may require with regard to the activities at this facility. 9. Bardon Trimount, Inc. shall maintain an on-site specifically labeled dumpster to receive any unsuitable debris that is removed from the PCS during the screening process. The dumpster contents shall'be shipped to a permitted facility as appropriate. 10. Bardon Trimount, Inc. shall maintain the following daily records: copies of each shipping paper for deliveries of PCS; daily totals (tons) of PCS taken in from generators; daily totals (tons) of PCS recycled; daily totals (gallons) of asphalt emulsion used to process PCS; a copy of all inspection checklists, as described in the application; and a written report of any exception to the acceptance criteria resulting in return of materials to the generator. The Department shall be notified via fax at (978)661-7615 of these exception events within 24 hours of each occurrence. 11. All vehicles carrying PCS to the facility shall be weighed in advance of entering the facility. The amount of material delivered shall be recorded and kept on file for a period of at least three years. Upon arrival of the vehicle,the Bardon Trimount,Inc.staff will inspect the Bill of Lading,the vehicle itself to insure that it is in proper mechanical operating condition,and the load to make sure that there. is sufficient freeboard between the actual top of the trailer and the level towhich the PCS has been placed within the trailer and to make sure that the liners and the covers on the PCS are in place. All PCS delivered to the facility shall be off loaded only at the appropriate designated storage area and at no other location within the facility. — -- -- — - 12. Bardon Trimount,Inc.shall prevent the unknowing entry of persons or unauthorized persons onto the active portion of the facility. The facility shall maintain security standards consistent with 310 CMR 30.514(1)and shall lock the front gate during non-working hours to prevent unlawful access. 13. Bandon Trimount, Inc. shall inspect the facility for malfunctions and deterioration of equipment or structures, operator error, and discharges, which may be causing or may lead to the release of hazardous constituents to the environment. Bandon Trimount, Inc. shall conduct these inspections often enough to identify problems in time to correct them before they cause harm to public health, safety or welfare or the environment. 14. Bandon Trimount, Inc. shall remedy all malfunctions, deteriorations, operator errors, and discharges that any inspection reveals. When a hazard is imminent or has occurred,the owner or operator shall immediately notify the Department and shall immediately take remedial action. 15. All Bardon Trimount, Inc. personnel participating in the inspection of shipments, quality control analysis, record keeping and reporting, storage and receiving operations or recycling process operations,will be trained to perform their duties. Training shall consist of formal instruction or on- the-job training prior to being allowed to perform their respective duties. Bardon Trimount,Inc.—Salem Transmittal No.W00942 Page 4 16. All new employees shall work under direct supervision until all required training for that duty is completed. All new personnel will complete training within six months of their employment or assignment to the recycling operation. A record of employee training will be maintained and made a part of the operating record. Employees will be trained to inspect all incoming shipments of PCS for structural quality and free liquid.They will also be instructed in record keeping so that a history of all transactions will be available. 17. A record of each employee's training signed and dated by the employee,shall be maintained and made part of the operating record. Employees shall be trained to inspect all incoming shipments for particle size and free liquid. Employees shall also be instructed in recordkeeping so that a history of all transactions will be available. Employees shall be given additional instructions for spill control and clean out procedures. 18. Bardon Trimount, Inc. shall make a copy of this Recycling Permit as well as a copy of its complete permit application package available at the facility at all times. This pentrit is not transferrable to other persons,locations or activities. Failure to comply with any of the above stated SPECIAL CONDITIONS and attached CONDITIONS OF ACCEPTANCE and GENERAL CONDITIONS will constitute a violation of the Regulations and can result in the revocation of the RECYCLING PERMIT granted herein to operate the described facility. This permit may also be revoked if the construction is not begun within one year of the date of issuance of this approval, or if the construction work is suspended for one year or more. This permit is an action of the Department. If you are aggrieved by this action, you may request an . adjudicatoryhearing. 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. 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 Sling 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 read this document carefully as it stipulates the particular activities for which the permit is issued as well as the general and specific conditions governing those activities. Barden Trimount,Inc.—Salem Transmittal No.W00942 Page 5 Should you have any questions, please contact Martha Bolis at (978) 661-7600 or at the above letterhead address. Very truly yours r s Martha J olis Envir ental Anal t /Jfmies E.Belsky emit Chief ureau of Waste vention encl. . JEB/mjb cc: DEP,Division of Hazardous Waste,One Winter St.,Boston,MA 02108-Attn:Steve Bergstrom Fire Headquarters,48 Lafayette St.,Salem,MA 01970 Board of Health,9 North St.,Salem,MA 01970 Fire Headquarters,Burrill Street,Swampscott,MA 01907 Board of Health,22 Monument Ave.,Swampscott,MA 01907 Bardon Trimount,Inc.,30 Danvers Road,Swampscott,MA 01907 CONDITIONS OF ACCEPTANCE (1) The facility is authorized to accept petroleum contaminated soils shipped to it under a 21E Bill of Lading in accordance with 310 CMR 40.0034 and 310 CMR 40.0035 or a Material Shipping Record subject to the following conditions: (a) The completed 21E Bill of lading or the Material Shipping Record and any accompanying documentation including analytical data shall be maintained at the facility in accordance with the provisions of this approval; and (b) The analytical requirements for the receipt of petroleum contaminated soil may be limited, by the facility, to the Oil and Hazardous Material(s){' that are known to constitute the release, and those additional Oil and Hazardous Materials that are known or may reasonably 'be suspected to be present in the soil either as anthropogenic contaminants or from other known or suspected releases at or in the vicinity of the site, provided that: (i) The source(s) of the release of the petroleum contamination is known; (ii) The Oil and Hazardous Material and hazardous constituents of the petroleum released are known; (iii) The generator using due diligence determines. that there is no reason to suspect or believe that the petroleum contaminated soil has been impacted by any releases of Oil or Hazardous Materials other than that of the known source OR identifies the additional Oil and Hazardous Materials that are suspected or known to be present in the soil, in addition to those associated with the known release, including any anthropogenic contaminants. (iv) Due diligence shall consist of a search of information and records reasonably available to the generator of the - contaminated soil sufficient to make the determination. Such records and information may include, but are not limited to, those of the generator, location of generation. (ie. facility if not the . generator) , the Department's Bureau of Waste Site - Cleanup, and the municipality (ie. Board of Health, --- Fire Department) within which the site is located. (v) The generator shall include sufficient information justifying the limiting of the analytical requirements as part of the Site History Information accompanying the 21E Bill of Lading or Material Shipping Record. This shall include, at a minimum, the following: - the analytical parameters selected; - any screening analytical data (ie. total data for TCLP, headspace data) ; - the laboratory analytical data; a description of the release; - a physical description of the soil including the classification method used; a description of the site location with regards to current and former usage; a statement as to whether any other releases have occurred at or in the vicinity of the site which may have impacted the site including the types of Oil and Hazardous Material constituting those releases; _ Conditions of Acceptance Page 2 - a statement as to whether the location is suspected or known to be impacted by any anthropogenic contaminants including identification of those contaminants; and - a statement that the generator has used due diligence in making the determination. (vi) In instances where a generator is attempting to demonstrate that an exceedance of the facility acceptance criteria by a sample is not representative of the soil. The facility will require either a statistical demonstration from the generator consistent with EPA Standard Methods SW-846 that the exceedance is not statistically valid or sufficient documentation that the re-analysis, re-sampling of the soil, or unique physical character of the initial sample demonstrates the initial sample is not representative of the soil or indicative of a "hot spot". The facility will not rely solely on the statement of the generator, LSP, or QEP that the sample is considered anomalous based on his or her professional opinion. The facility acknowledges its responsibility to make an independent judgement as to whether the information provided substantiates the generator's contention that the soil meets the facility's recycling permit's acceptance criteria. (2) The facility may allow the use of total analysis data, expressed in mg/kgdry weight, as a screening tool in determining the need for performing TCLP testing. (3) The concentrations of . hazardous constituents in petroleum contaminated soils accepted by the facility shall comply with the acceptance criteria specified in Table 1 - Acceptance criteria subject to the following; (a) The presence of any chlorinated solvent(s) (HVOCs) as a hazardous .constituent.(s) in the petroleum contaminated soil does not cause the soil to be either a characteristic or listed hazardous waste pursuant to 310 CMR 30.000. (b) The facility shall, within sixty (60). days of the date of receipt of this permit, establish and implement an Interim Quality Assurance & Control Plan (or amend its existing .QA/QC Plan as needed) to document the contaminated soil processed complies with the acceptance criteria for the facility and that the asphaltic materials incorporating the contaminated material are designed, tested, and produced to meet the requirements for the intended product. The QA/QC Plan shall: (i) Include material specifications (chemical and physical) for the processed aggregate and, final product (s) based on accepted standards such as those of ASTM Standard, the Massachusetts Highway Department, the Massachusetts Turnpike Authority, and the Asphalt Institute; (ii) Identify the intended use(s) of the . final product(s) ; Conditions of Acceptance - Page 3 (iii) Document through representative sampling and analysis for both chemical and physical data that both the inputted petroleum contaminated soil, produced aggregate, and final manufactured product comply with the facility's permit and the product specifications; (iv) Specify sampling and analytical procedures. These procedures shall allow for the correlation of input and processed material, and product; (v) Provide that all sampling and analytical procedures are performed`- in accordance with accepted standard methods such as EPA Standard Methods-SW846, ASTM Standards or any equivalent methods identified by the Department; (vi) Document the blending ratio of PCS with raw aggregate, along with the mix time during the process to insure an adequate coating of emulsion for all gradations (ie. the mix time shall increase with decreasing particle size and subsequent blends) ; (vii) Provide for the maintenance of such data in a summary form at the facility; and (viii) The QA/QC plan and all associated documentation, including analytical reports and data summaries, shall be , supplied to the Department for its inspection and/or approval upon request and kept at the facility in accordance with the record keeping requirements in the facility's current permit. (c) The facility shall within forty-five (45) days of the date of .receipt of written notice from the Department for its review and approval. The QA/QC Plan shall fulfill the requirements specified in this permit and any additional requirements that the Department specifies in its notice. (4) The facility may not accept petroleum contaminated soils contaminated with Oil and Hazardous Materials (including pathogens) other than those specified in, the facility permit, excluding polynuclear aromatic hydrocarbons (PAHs) , semi-volatile organics (SVOCs) or metals which are normal constituents either of virgin petroleum products or of asphalt emulsion and are present as incidental contaminants, unless the facility modifies its Class A recycling permit. (5) The facility may accept other petroleum contaminated soils (ie. catch basin sediments, dredge materials) that are not subject to management under 310 CMR 40.000 provided that the Department issues a Class A Level I recycling permit to the site of generation. This does not include process waste streams such as waste water treatment sludges, fly ash, bottom aggregate or tank bottoms. In addition, the facility may accept sand used as structural fill in virgin petroleum Underground Storage Tanks that were closed in place provided that: (a) the generator documents that the petroleum product and any associated tank bottoms and/or sludge was removed from the tank (e.g. emptied) prior to its filling with sand; 0 Conditiohs of Acceptance - Page 4 (b) no treatment of the sand has occurred (quick liming, fixation, stabilization, etc. ) ; (c) the generator submits a brief description of the removal of the sand from the tank including steps taken to identify the presence of residual sludge, tank bottoms and separate phase product; (d) the total petroleum hydrocarbon concentration in the sand is less than 500 mg/kg and it meets all other acceptance criteria specified in the permit; and (e) the sand is shipped to the facility using either. a properly completed 21E, BOL or MSRJ _ (6) The facility may accept petroleum contaminated soils that are subject to the requirements of 310 CMR 40.0032 (3) but not subject to management under 310 CMR 40.0035 using the Material Shipping Record specified in Condition (10) of this modification. (7) Purchasers of product containing recycled contaminated soil, from the facility, shall be supplied with a notice specifying that the product was produced using regulated recyclable materials. . (8) Petroleum contaminated soil shipped to the facility from out-of-state locations or from in-state locations subject to 310 CMR 40.0032 (3) but not subject to 310 CMR 40.0034 and 40.0035 shall be accompanied by a Material Shipping Record in a form specified by the Department (Attachment I) . (9) The facility shall assign a unique tracking number to each Material Shipping Record. The number shall be unique to the location of generation. (10) Should more than one Material Shipping Record be required for a given location, the same tracking number shall be assigned. each tracking number shall be prefixed by the year (YY) and month (MM) the Material Shipping Record was received by the facility. As an example January 1994 would be 9401. . . . . followed by the unique facility assigned number. (11) The facility shall submit to the Department's local regional office, within fifteen (15) days of the last day of each calendar month, a summary report of all petroleum contaminated solid received at the facility from out-of-state locations using a format specified by the Department (Attachment II) . c.� TABLE 1 - ACCEPTANCE CRITERIA TABLE 1 - ACCEPTANCE CRITERIA Contaminant '7 Concentration*6.8 Arsenic (As)- 30 img/kg Cadmium (Cd) 30 jag/kg Chromium (Cr)*9 500 vg/kg r Mercury (Hg) 10 mg/kg Lead (Pb) 1000 ng/kg Chlorinated solvents (HVOCs)*10,11 5 mg/kg Total Volatile Organic Compounds 30 mtg/kg (VOCs)*11;12 Total Petroleum Hydrocarbons (TPH) 60000 mg/kg Characteristic Hazardous Waste (TCLP) None *5,6 Listed Hazardous Waste other than MA01 None *8 Ignitable, Corrosive, Reactive Hazardous None Wastes (DO01, D0021 D003) Free Liquids None Total Organic Carbon (TOC) <101 Polychlorinated Biphenyls (PCBs)*6 <2 :mg/kg Other Constituents Condition 4*13 q FOOTNOTES *1 Hereinafter referred to as the facility. *2 Hereinafter referred to as petroleum contaminated soil. *3 The term Oil and Hazardous Materials (OHMS) as used in this section includes both the materials listed as OHMS in 310 CHR 40.0000 and the hazardous constituents listed in 310 CMR- 30.160. f4 Anthropogenetic contaminants refers to any hazardous constituents or Oil and Hazardous Materials present in the soil that are ubiquitous and consistently present in the environment and in the vicinity of the site of generation; and attributable to atmospheric deposition of industrial process or engine emissions, fill materials containing wood or coal ash, and/or petroleua residues that are incidental to the normal operation of motor vehiclesr in urban locations, this may include but not be limited to such constituents as As, Cd, Cr, Pb, and TPH. *5 Does not exceed the TC limit (310 CMR 30.125B) for any TC constituent using the Toxicity Characteristic Leaching Procedure (310 CMR 30.155B) except for benzene, toluene, and xylene (BTEX) when these compounds are known to have o�iginated from a release of virgin petroleum products (gasoline, diesel, oils etc) . *6 These levels do not relieve the generator or facility from complying with any applicable.Federal requirements under RCRA or TSCA. *7 The facility, permit may specify analytical methods, procedures and sampling requirements for determining compliance with these levels. *8 .. The soil may not be either a characteristic or listed hazardous waste pursuant to 310 CMR-30.120 Characteristic of Hazardous waste or 30.130 Lists of Hazardous Waste (other than MA01) . *9 Trivalent chrome. *10 Expressed as total chlorinated solvents EPA method - 8240 (or its equivalent) . *11 1800 ppm v/v headspace has been elimianted as an acceptance criteria for gasoline contamianted soils. However, headspace screening data may be used in selecting samples for laboratory analysis of Vocs. In the case of soils that have been contaminated only by a release of gasoline and/or other virgin "light oils" (ie. kerosene, jet fuel,and #1 and #2 oils) a headspace reading of less than 150 ppm v/v, performed in accordance with the methodology specified in Attachment III, will indicate compliance with a total VOc level of 15 mg/kg. Provided the generator has determined, in accordance with - Condition (1) of this permit, that no voce other than those associated with the petroleum product (is. BTEX, MTBE) are present in the soil. *12 Total volatile organic compounds EPA Method 8240 or 8020 (or equivalent) including BTEX, MTBE and a maximum of 5 mg/kg chlorinated volatile organic compounds (HVOcs) . *13 Constituents of petroleum - see condition (4) of this modification. 4- gaality Assurance/Control Plan The QA/QC Plan should: (a) Include material specifications (chemical and physical) for the processed aggregate and final product(s) . (b) Identify the intended use(s) of the final product(s) . (c) Document through representative sampling and analysis for both chemical and physical data that both the imputed petroleum contaminated soil, produced aggregate, and final manufactured product comply with the facility's permit and the product specifications. (d) specify sampling and analytical procedures. These procedures will allow for the correlation of 'input and processed material, and product. (e) Provide that all sampling and analytical procedures are performed in accordance with accepted standard methods such as EPA standard Methods Sw846, ASTM Standards or any equivalent methods identified by the Department. (f) Provide for the maintenance of such data in a summary form at the facility. (g) The, QA/Qc plan and all associated documentation, including analytical reports and data summaries, will be supplied to the Department for its inspection and/or approval upon request and kept at the facility in accordance with the record keeping requirements in the facility's current permit. (h) Include a checklist, to be used in the review of all 21B Bill of Ladings and Material shipment Records (shipping Records) by the Facility., The Checklist will assure that all shipping Records have been z completed,in fulls are accompanied by the required analytical, site history and all`other documentation required by the Company for acceptance of the soil. It will: • will be signed by that employee; • state whether the material was accepted or rejected; and • include a brief statement by the facility justifying the limiting of any analytical analysis by the facility. rJ es Conditions of Acceptance Page 5 ATTACHMENT I MATERIAL SHIPPING RECORD mmassachusetts Department of Environmental Protection' Bureau of Waste Prevention ! . t Material Shipping Record & Log T,acbna x=bV For the shipment of contaminated sof/,,urban fill;and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesting under 310 CMR 30.000 ' Transporter/Common Carrier Information 1. Provide the following information: !, rmsDakritannoncxrteraarro ruamiwswur.rcamnwnorNaoWl 1lmsa�rt�PAi�P7cabe/ i Can7adp�nnn rpy smw i clrtAanr sne 17pmt tat;y+h�knsm�rax7rbansbn - Receiving Facility Information 1. Provide the following information on the receiving facility: i OperdPoriraYprynm . Pa lab i SveN seta lin cxe � I rettpxxen�raa�7urrrawr i 2. Type of facil"dy. i ❑ asphalt batch/cold m& ❑ landfill/disposal ❑ thermal processing ❑ asphalt batchthot Mix ❑ landfill/daily cover ❑ landfill/structural fill ❑ other, 3. Permit number. Description of Material Check all that apply. 1. a, ❑ soil ❑ dredge material ❑ fill 3. Type of contamination: b. Description: a. ❑ gasoline C diesel fuel C 12 ca C 14 oil ❑ 16 oil C waste oil ❑ kerosene ❑ jet fuel b. ❑ Debris: ❑ demolition ❑ vegetative ❑ 3rorganic c. Classification:. ❑ MIT Cil USDA c ❑ Other. ❑ USAEC ❑ ASEE 2. ❑ Other. dewrne Cescobs Rev.3144 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Waste Prevention Material Shipping Record & Log TraoldngNumber For the shipment of contaminated soil, urban fill, and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesUng under 310 CMR 30.000 Certification of Generator 9 certify under penalties of law that I have personally examined and am familiar with the information contained in s4ebuR this submittal,including any and all documents accompanying this certification,and ft.based on my inquiry of those individuals immediately responsible for obtaining the information contained herein is,to the best of my knowledge we and belief,true,accurate,and complete. I am aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false, ppnladfi+1 inaccurate,or incomplete information' Acknowledgment of Receipt by Receiving Facility nWnreuFaarnr �,aeren�,ep�� me MOW= pare Rev.3/94 Page 4 of 5 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 pcmuttee shall install, operate and maintain recycling equipment in accordance with all recommendations provided by the manufacturer. 3. Permittee shall not alter the recycling device. 4. Petinittee 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. e. 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 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 GENERAL CONDITIONS Page 2 (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 pemmittee'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 in compliance with 310 CMR 30.007. h. Continuing Duty to Inform. The permittee shall have a continuing duty to immediately: (1) correct any incorrect facts in an application; and (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 thereceding 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. GENERAL CONDITIONS Page 3 (1) The EPA identification number or state-only identification number of the permittee;and (2) The name,address,and EPA identification number,or state-only identification number, of the facility to which recyclable material was sent;and (3) Identification of all recyclable material recycled by the permittee. 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 transporterspsed. m. Dust Suppression and Road Treatment. The use of regulated recyclable material for dust suppression or road treatment is prolubited. 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 (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 GENERAL CONDITIONS Page 4 regulated recyclable material in tanks, such tanks shall be in compliance with the requirements set forth or referred to in 310 CMR 30.340(1)(a)2., and 310 CMR 30.340(1)(1)-(g), except that a generator of waste oil or used oil fuel shall be in compliance with 310 CMR 30.253(1)(g). If the permittee stores or accumulates the regulated recyclable material in containers,such containers shall be in compliance with the requirements setforth or referred to in 310 CMR 30.683 through 30.686 and 30.688 through 30.689. 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. 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. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a b DEPARTMENT OF ENVIRONMENTAL PROTECTION .'` 205A Lowell St., Wilmington, MA 01887 (978) 661-7600 S ARGEO PAUL CELLUCCI BOB DURAND Governor Secretary JANE SWIFT - LAUREN A.LISS Lieutenant Governor Commissioner REGT%"# LI'NG PERMIT Name of Permittee: Bardon Trimount, Inc. Effective Date: April 4, 2000 Mailing Address: 1101Tumpike Street Expiration Date: April 4 , 2005 Stoughton, Massachusetts 02072 Contact Person: David Peter Class: A Telephone Number: (781) 596-4100 Permit Number: NE-WO09492 This permit authorizes recycling of the following materials only: Material Description . EPA Waste Code Amount Petroleum Contaminated Soil . MA01 150,000 TONSIYR Description of Recycling Operations: Re-use of soils contaminated with petroleum products in an ambient temperature asphalt emulsion stabilization process for the production of asphalt product. Location of Recycling Operations: - Bardon Trimount, Inc. 30 Danvers Road Salem, Massachusetts 01907 MAD001014984 v w FEB. 1.199 —11:4RAM COMMONWEALTH OF MASSACHUSETTS NO.619 P.1i21 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON•NORTHEAST REGIONAL ta ARGEO PAUL CELLUCCITRUDY COXE Governor FEB 1 _ 1999 Secretary CITY OF SALEM DAVID B. STRUHS Commissioner HEA!TH DEPT. NERO FACSIMILE TRANSMITTAL FORM DATE TO: -- Company: Contact Name : _;-�4 � 7-1� Phone: FAX PHONE # `172' –7 d 70 COMPANY PHONE # 1—q 79 ) 74 , 1500 FROM: p DEP Division: i r. M k 7-7 N� � Contact Name : /�I ACS ?T Phone ; 97sr 62(b 4-4— COMMENTS: 1. 125 em <i - ttL `.' fc ;� n / �` U.i '�— i Y`Y - U P. •l'C,.`l PcCA-C.L W i ( �� U` (7 O r.SS• h h.)G S r 00 TRANSMITTAL FORM plus �� page (s) To report transmission problems, call Tony at (978) 661-7602 C Fax Number for NERO - (978) 661-7615 205E Lowell St , Wilmington, Massachusetts 0181171 FAX (976) 681.7615 • Telephone (976) 661.7600 • TDD B(976)661.7679 -�� __ �.� ( FEB. 1.1999 111:43AM /-5r �.{ 11Ab �( NO.619 . F.2i21 vt r /` o COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PRO EYED 1 METROPOLITAN BOSTON-NORTHEAST REGIONAL OPPIC �. i 0 w °� Fr:8 1 - 1999 ARGEO PAUL CELLUCCI ��, ��76 /P1 TRUDY COXE Govnmor h� E d)j V�(r'v CITY E F S,4LEIti1 Scuclary 1�a �O b II � � q`` AUG 0 71998 HEAV-rY OPPoTAVID E. STRUHS 9 p V ' �r° ' Commissioncr Bardon Trimont, Inc . 00� RE : BWP - CHELMSFORD 30 Danvers Road COMPLIANCE with M.G.L. Chapters Swampscott, MA 01907 21C & 111 §142A-J & 21 §43 (2) Attn: John W, Lavin, P. E. 310 CMR 30 . 00 , 310 CMR 6 , 00-8 . 00 gnu 314 CMR 3 . 00-7 . 00 i � hq nk' MAD 001014984 VSQG-Hazardous Waste SQG-Waste Oil AQCR 119 Plant ID 41319 3-Minor FMF Facility #199326 Dear Mr . Lavin: On July 22 , 1998 , Department personnel conducted a Comprehensive Compliance Inspection at Bardon Trimont , 7-nc . , 30 Danvers , Road, Swampscott , Massachusetts , The. purpose of this inspection was to determine the compliance status of Bardon Trimont , Inc . with regard to the Massachusetts environmental regulations referenced above . On the date of inspection, during the facility inspection and review of company records, there were no violations of the above referenced regulations observed by Department representatives at Bardon Trimont , Inc . , 3C Danvers Road, Swampscott , Massachusetts . If you have any questions relative to environmental regulatory compliance at your facility, please contact John H . Keating at the letterhead address or by calling (978) 661-7631 . Very truly yours, /, Edward J. Pawlowski hn H. Keating Chief, Compliance and Enforcement Environmental Engineer Bureau of Waste Prevention T ESP, JHK/bc C c : Fire Headquarters, Burrill St . , Swampscott, MA 01907 Board of Health, 22 Monument Ave . , Swampscott , MA 01907 205a Lowell St • wllmingten,Massachusetts 01887 FAX (978) 661-7615 • Telephone (978) 661.7600 TDD H(978)661.7679 FEB. 1. 1999'. 11.43AM "� - -_ N0.619 P.3/21 r FIF-ST C 014PLIANM RVALpATION, ODVBEL T saw: TAG TYPE: Ins ection e: INSPEC INSP-A INSACT INSA-A_ FACILITY X16 '-fl C) I"--1,�0^� FMF No. g 4 b ADDRESS -Lo b' N J yrs AQ No. 1 1 1 CITY ZIP 01 '307 AW No. r,-Al0 Qo 01lf cWf FACILITY CONTACT: O w �� PHONE: FAX: HW STATUS: LOG SQG VSQG TSDF LQG-MA - VSQG-MA AQ STATUS; Al RES STFUEL OP PERM IWW STATUS GWMAJ GWMIN SWMAJ SWMI NPDES Major NPDES Mi SWMAJ SWMIN ZERO DISCH TURA RREBORTER: YES N LAST YEAR OF FILING : INSPECTIONAL ACTIVITY: COMPLIANCE EVALUATION: AQ HW IWW TUR SW SCREENING: AQ HW IWW TUR. `W ENFORCEMENT ACTIVITY: COMPT_IAA'CE ?NON NON NOEC ACO ACOP PROGRAM VIOLATIONS: HW AQ IWW TUR OTHER BRIEF VIOLATION SUMMARY: i CONCLUSIONS AND RECOMMENDED FOLLOWOP: pffl�� NOTES : V Gk Y C t tEIL7' .- _ . rY .<.,,5. —••, _ •< - ... _ Nf-Pi "INSPECTOR(S) INSP DATE Y 1! I i4��tt } R'� 0$ 97 r '4 � Y`k � P-� :Fx •.,.Y� .xN �''. +:ti%fc. ' �F r;.-' Ye' ;�'� ti'.1,�:i�. ... 1•��? .�.. � M }1 t r� �`�i � _ � ,'�-?t'c, a� r } 7: y .. - FEB.. ,1; 1999 11.44AM "" ° N0.619 n P.4/21 • CCS 9 — I�� _ ___ _. NES?° ricSComol ianct- F.vdlua[to nsoe Con Fo� p4 --2-- O� /-)n)OW" " „Im0A) INSPECTION DATE FACILITY RASE AL FACILITY fIro� lldXr p�eA°�°14"r�l`drWt<rD-l4pt GEHER ' llm •} ltr tntllit'y (x�r� lntor�.tf�n.1 e14 N P, ROYA f3 n-ov • 6�LA's _...� _ .. �... p 6 `NIS Ertl -- c J E^ u� F1 CoKY� L 4-j L �' HOTES/CCc`-:-� S -------------- ..,.�ii�lt•"0 C r t t• } FEB 1.199 11 451 liggI117, �CNO 61 P },1w" y w r- ' .`c,-y _. "ygri. i L'a' egg• � h• 'F. ' .X�:;:y w Y•W�''• ni;�.... < F IC'-rM" N' .j3Ct?Y� .. ..i .Yf .1•�E'��"Y1..4F�.. •.'�'Y"" 'V.e•.e I;S^. .—N� _ _..... _ fjR5T CLL 1 lospacrion Data: Page; of THPU UNIT OPERATIONS OR WASTE MGT OPS, QUTPUT9 •• ., f3t�S�c mwl�lr��ti � Oc.) � nu5 t S1�v6 0v11 S NP �-� bttr ASP LAP mli,IV , .PD6Q s� jo a� CITY OF SALE VIOLATIONS: URGE R£pUCTION OPPORTUNITIES: FEB. 1.1999 1145AM N0.619 P.6%21 - Commonweotih of Massachusetts Executive bfte of Environmental Affairs Department of Environmental Protection CITY OF0A _M ' Metro Boston/Nor tiecst Regional Office HEA(,Tu OPPT. "Ili►m F. weld oanma i Trudy S.Cox* FEB �g 5 ,. a ..lmy,EDEA Thomas 6. Powara Adrp CaMMWOM*r Mr. David Peter RE: SALEK - .Metropolitan Boston Bardon Trimount, Inc. Northeast Region - DHW 1101 Turnpike Street DHW RRM - NE-93-110 Stoughton, Massachusetts ol8ol Transmittal No. 74554 RECYCLING .PERMIT Dear Mr. Peter: The Metropolitan Boston/Wortheast Region of the Department of Environmental Protection, Division of Hazardous Waste ("Department" or ":this officer') has completed its Second 'Technical Review of your request to recycle petroleum contaminated soil (/1PCS11) in a. cold emulsion asphalt batching process to be operated at 30 Danvers Road, Salem, Massachusetts ("facility") . ' Bardon Trimount,sInc. Is initial application was received by the Department on December 27, 1993 , and was updated by Bardon Trimount, Inc. on October 17, 1994 , in response to a Notice of Technical Deficiency issued by the Department on June 6, 1994. Please note that while previous approvals list the facility address as "30 Danvers Road, Swampscott, Massachusetts", the correct location where the actual operation is performed is the portion of the site that is located at 1130 Danvers Road, Salem, Massachusetts", and shall hereby be listed as such. Department review of the submitted infornation indicates that Bardon Trimount, Inc. proposes to use PCS as a feedstock in the production of an unregulated asphalt product by mixing the PCS with asphalt emulsions at ambient temperatures above 32°F. The Department understands that the PCS will not „b",.mixed with asphalt cement to produce a cold mix asphalt materiai, andit will not be utilized as a feedstock in the manufacturing of hot-mix asphalt as was stated in the original submittal of December 27, 1993 , and -as such, these activities do not need to be authorized at this time. The asphalt product will be used in normal paving operations or in a manner consistent with the Department's Division of Solid Waste Management Regulations 310;1CMR 19. 00.0, will,;ki6',environmentally 'and structurally stable, and will meet the., appropriate industry standards. (Please note that one industry reference listed;""Table 11 Massachusetts Highway Department Specification M1. 11.011, lists gradation requirements specifically for "reclaimed base borrow material for base course" and further states that the material must be "free from loam, clay` and deleterious materials such as brick,' reinforcing steel, glass, wood, paper, plaster, lathing, and building rubble etc. ") 10 Commerce Way a Woburn,Masaachus6tta 019o1 . FAX(617)932-7615 •` 1`ela phone (617)932.7600 I 11311 V1 77- FEB. 1.1999 11:46AM m N0.619 �P.7i21 � 1 - 1999 Y OF Bardon Trimount, Inc. HEALTH FPT. Page -2- The primary.recycling process equipment will be the existing batch plant equipment, which had been previously approved by the Departments Division of Hazard=s Waste (DHW RRM-NE-90-085) , and the Division of Air Quality Control (DAQC MBR-89- IND-086) , on September 5, 1991. All provisions and conditions of this existing permit/approval shall remain as stated. The existing feed bin and feed conveyor normally used to introduce ]recyclable asphalt vaterials ("RAP") into the mixing process will be used to introduce the PCS to the weigh box in the main plant. The asphalt emulsion will le stored on site in one of the existing asphalt storage tants and maintained at a temperature consistent with material specirications. The , standard operating procedure ("SOP") for this process shall ensure that the asphalt emulsion is not mixed with the asphalt ement routinely stored in the tank. The emulsion is discharged from the weigh kettle into the pug mill and the ingredients are wet mixed for approximately 25 - 35 seconds depending on the specified product. The equipment will be operated at a rate of 240 tons per hour. The weigh box and pugmill are vented to the dryer exhaust system and the overall gas flow remains essentially the same as described in Department Approval/Permit: DAQC MBR-89-IND-086/DHW RRM-NE^90-085 . In the event that the existing equipment cannot be utilized to process PCS, Bardon Trimount, Inc. will engage the use of a portable mix plant manufactured by Midland Machinery Company, Inc. of Tonawanda, New York. This self-contained continuous pug mill, model T-4100 , will also process soil at a rate of 240 tons per hour. The asphalt emulsion will be pumped directly from the delivery truck through the plana mounte metering system. Bardon Trimount, Inc. will recycle up to 150, 000 tons per year of soil that has been contaminated w`th petroleum distillates. These materials will be obtained fromoff-sitesoil remediation projects or from soil contaminated by accidental releases. The soil will be transported from the site of generation to the Salem facility under a 21E Bill of lading in accordance with 310 CMR 40. 0034 and 310 CMR 40.0035 or a Material Shipping Record (see attached Conditions of Acceptance) . The transporter will cover the soil during transport to insure that evaporation of petroleum distillates is held to a minimi=. All PCS will be stored in a storage bin structure to be constructed adjacent to the processing area. The concrete block storage bin structure will .be a 120 foot long by 60 foot wide roofed structure with 10 foot high reinforced concrete walls on three sides and a six inch thick sloped concrete slab floor equipped with a sump. The slab will be sloped towards the sump to FEB. .1.1999 11..47AM NO.619 P.e/2.1 FEB 1 - 1999 Bardon Trimount, Inc. CITY OF SALEM page -3- HEALTH DEPT. prevent the discharge of any liquids from the building. A six inch bituminous concrete berm will be layed down at the opening of the structure to prevent the entrance of surface water. The roof will cover the entire ,a.rea. The storage building will contain a maximum of 5, 000 tons of' PCS at any one time. Equipment for handling any. accumulation of liquid within the structure shall be provided and maintained. All areas utilized for the processing of PCS will be paved with bituminous concrete, including the travel area between the storage building and the feed bin of the main batching..equipment, the travel area between the storage building and the portable mix plant. The layout for the processing areas originally submitted has been updated by a plan .submitted to the Department on January 18, 1995. Based upon this review, the Department is issuing the enclosed recycling permit -to Bardon Trimount, Inc. , 30 Danvers Road, Salem, Massachusetts which authorizes the management of regulated recyclable material in accordance with G.L. c. 21C and 310 CMR 30.200. The Department is of the opinion that the plans and specifications pertinent to the application are in conformance with G.L.c. 21C and 310 CMR 30.200, and hereby grants a HAZARDOUS WASTE RECYCLING PERMIT for the described operations, as submitted, with the following SPECIAL CONDITIONS as well as the attached CONDITIONS OF ACCEPTANCE and GENERAL CONDITIONS: 1. Bardon Trimount, Inc. shall not receive PCS until the proposed storage structure has been constructed, and the processing of the incoming soil shall not commence until the travel areas described have been paved with bituminous concrete. 2 . Bardon Trimount, Inc. shall notify the Department in writing not less than ten (10) days prior to the anticipated actual start-up of the soil recycling process. A written notice including the actual start-up date shall be submitted to this office within fifteen (15) days following the commencement of recycling activities. 3 . Bardon Trimount, Inc. will not exceed the storage capacity of 5, 000 tons PCS in the proposed structure at any time. At no time will PCS be allowed to be stored in any other location at the facility. FEB. 1.1999 110 4eRM .,� - IV0.619� P.13/21. D, rS �p - 1999 Bardon Trimount Inc. CITY OF SALEM Page -4- N�-P 4. Bardon Trimount, Inc. shall process all PCs into asphalt product within 120 days of its receipt at the facility. 5. Bardon Trimount, Inc. shall process all PCS into asphalt product at ambient temperatures above 32°F. 6. Bardon Trimount, Inc. shall perform all PCs recycling activities on an impervious surface as described in the application. PCS shall not be held in the processing area overnight. If a tanker containing asphalt emulsion is to be held at the facility overnight, it shall be moved inside a garage building with its valves secured. 7. Bardon Trimount, Inc. shall cure all asphalt product outdoors on. a paved surface. The curing product shall be covered when weather conditions require. Bardon Trimount, Inc. shall maintain records at the facility identifying the recipient, date of shipment and estimated cubic yards' for all shipments of asphalt product. 8 . Bardon Trimount, Inc. shall immediately take appropriate steps to abate any nuisance condition(s) , including but not limited to noise, dust and odor, generated by the operation of this facility. b/9 . Bardon Trimount, Inc. shall maintain on-site records to demonstrate that the Salem facility does not exceed the one ton per year limit of total volatile organic compounds (VOC) emissions. The twelve month rolling average of the actual/potential VOC emissions shall be documented in accordance with the provisions stated in the "Response to Deficiency No. 4" section of Bardon Trimount Inc. 's October 17 , 1994 submittal, also taking into consideration any non-gasoline VOC that may be present in incoming PCS. 10. Bardon Trimount, Inc. shall, in addition to complying with 310 CMR 30.000, remain in compliance with all applicable requirements of the Massachusetts Air Quality Control Regulations as contained in 310 CMR 7 . 00, and any other policies, terms, and conditions that the Department may require with regard to the activities at this facility. 11. Bardon Trimount, Inc. shall maintain an on-site specifically labelled dumpster to receive any unsuitable debris that is removed from the PCs during the screening process . The dumpster contents shall be shipped to a permitted facility as appropriate. i i FEB. 1. 1999 11:48AM N0.619 P. 10i21 FEB - 1999 Bardon Trimount, Inc. e9 z; 7'ALEM Page -5- HEA1,:ry "PPT. 12 . Bardon Trimount, Ino. shall maintain the following daily records. copies of each shipping paper for deliveries of PCS; daily totals (tons) of PCS taken in from generators; daily totals (tons) of PCS recycled; daily totals (gallons) of asphalt etaulsion used to process PCS; a copy of all inspection checklists, as desoriibed in the application; and a written report of any exception to the acceptance criteria resulting in return of materials to the generator. The Department shall be notified via fax at (617) 932-7615 of these exception events within 24 hours of each occurrence. 13 . All vehicles carrying PCS to the facility shall be weighed in advance of entering the facility. The amount of material delivered shall be recorded and kept on file fora period of at least three years. Upon arrival of the vehicle, the Bardon Trimount, Inc. staff will inspect the Bill of Lading, the vehicle itself to insure that it is in proper mechanical operating condition, and the load to make sure that there is sufficient freeboard between the actual top of the trailer and the level to which the ACS has been placed within the trailer and to make sure that the liners and the covers on the PCS are in place. All PCS delivered to the facility shall be off loaded only at the appropriate designated storage area and at no other location within the facility. 14 . Bardon Trimount, Inc. shall prevent the unknowing entry of persons or unauthorized persons onto the active portion of the facility. The facility shall maintain security standards consistent with 310 CMR 30. 514 (1) and shall lock the front gate during non-working hours to prevent unlawful access. 15. Bardon Trimount, Inc. shall inspect the facility for malfunctions and deterioration of equipment or structures, operator error, and discharges which may be causing or may lead to the release of hazardous constituents to the environment. Bardon Trimount, Inc. shall conduct these inspections often enough to identify problems in time to correct them before they cause harm to public health, safety or welfare or the environment. FEB. 1.1999 11:49AM N0.619� P.11i21 PD r /M9 1 - 1999 Bardon Trimount Inc. Page -6- I G;``a j QrALS 1-. 16. Bardon Trimount, Ino. shall remedy all malfunctions, deteriorations, operator errors, and discharges that any inspection reveals. When a hazard is imminent or has occurred, the owner or operator shall immediately notify the Department and shall immediately take . remedial action. Please note that the Contingency Plan described in the application incorrectly lists the CERO office of the DEP as the regulatory agency to be contacted. The correct location is the Northeast Regional Office (NERO) with the corresponding phone number: (617) 932-7600, and the phone number for the State Police Dispatch Centex, Boston is (617) 292-5500. Also replace CERO with NERO when it appears in the text. 17. All Bardon Trimount, Inc. personnel participating in the inspection of shipments, quality control analysis, record keeping and reporting, storage and receiving operations or recycling process operations, will be trained to perform their duties. Training shall consist of formal instruction or on-the-job training prior to being allowed to perform their respective duties . �L18 . All new employees shall work under direct supervision ]\ until all required training for that duty is completed. All new personnel will complete training within six months of their employment or assignment to the recycling operation. A record of employee training will be maintained and made a part of the operating record. Employees will be trained to inspect all incoming shipments of PCs for structural quality and free liquid. They will also be instructed in record keeping so that a history of all transactions will be available. 19. A record of each employee ' s training signed and dated by the employee, shall be maintained and made part of the operating record. Employees shall be trained to inspect all incoming shipments for particle size and free liquid. Employees shall also be instructed in recordkeeping so that a history of all transactions will be available. Employees shall be given additional instructions for spill control and clean out procedures . 20 . Bardon Trimount, Inc. shall make a copy of this Recycling Permit . as well as a copy of its complete permit application package available at the facility at all times. This permit is not transferrable to other persons , locations or activities. FEB, 1.1999 1150RM - np,619 P.12/21 ' a TL'Ir9l 61-1 WED fFL8 f - 1449 Bardon Trimount, Inc. CTYOFSALEM Page -7- H'cAl7-10EPT. Failure to comply with any of the above stated SPECIAL CONDITIONS and attached CONDITIONS OF ACCEPTANCE and GENERAL CONDITIONS will constitute a violation of the Regulations and can result in the revocation of the RECYCLING PERMIT granted herein to operate the described facility. This permit may also be revoked if the construction is not begun within one year of the date of issuance of this approval, or if the construction work is suspended . for one year or more. 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 and postmarked within twenty-one (21) days of the date you received this plan approval. ` 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 tc 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. FEB. 1. 1999 11:50AM N0.619 P.13i21 FEB � - 1999 Bardon Trimount, Inc. CITY OF SALEKil Page -8- HEAT j.A+ -)PPT. Please read this document carefully as it stipulates the particular activities for which the permit is issued as well as the general and specific conditions governing those activities. Should you have any questions, please contact Martha Bolis at (617) 932-7600 or at the above letterhead address. Very truly yours, Ma ha J. adlis En ironme tal Analyst Q,-7,A/Vla, ames E. BelskUPgreven hief, Permitt ureau of Waston encl . JEB/mjb cc: DEP, Division of Hazardous Waste, One Winter St. , Boston, MA 02108 - Attn: Steve Bergstrom Fire Headquarters, 48 Lafayette St. , Salem, ?m 01970 Board of Health, 9 North St. , Salem, MA 01970 FEB. 1.1999 11:51AM ' - - . . N0.619 P.A4/21 P • � ��\1 YV/y�npp W FFA 1 - 199) G1TY O;S ALE I CONDITIONS OF ACCEPTANCE F"P1.711 J+�P , (1) The facility is authorized to accept petroleum contaminated soils shipped to it under a 21.E Bi11 of Lading in accordance with 310 CMR 40.0034 and 310 CMR 40.0035 or a Material Shipping Record subject to the following conditions: ,�4 (a) The completed 21E Bill of lading or the Material Shipping Record and any accompanying documentation including analytical data shall be maintained at the facility in accordance with the provisions of this approval; and -4(b) The analytical requirPaertts for the receipt of petroleum contaminated soil may be limited, by the facility, to the oil and Hazardous Materials) . that are known to constitute the release, and those .additi.onal oil and Hazardous Materials that are known or may reasonably be suspected to be present in the soil either as anthropogenic7 contaminants or from other known or suspected releases at or ia1 the vicinity of the site, provided that: (i) The source(s) of the release of the petroleum contamination is known; (ii) The oil and Hazardous Material and hazardous castituents of the petroleum released are known; (ii) The generator using due diligence determines that tire is no reason to suspect or believe that the paoleum contaminated soil has been impacted by any rkeases of Oil or Hazardoms Materials other than that of tttknown source OR identifies the additional Oil and liardous Materials that are suspected or known to be plsent in the soil, in addition to those associated with tis' known release, including any anthropogenic ccaminants. p 0 Due diligence shall consist of a search of immation and records reasonably available to the gTator of the contaminated soil sufficient to make the de7mination. Such records and information may include, bore not limited to, those of the generator, location of:neration (ie. facility if not the generator) , the Detment's Bureau of Waste Site Cleanup, and the mui.pality (ie. Board of Health, Fire Department) win which the site is located. t I ' FEB. 1. 1999 11:51F1M � R MAW�^ N0.619 P.15/21 FES 1 - 1999 Conditions for Acceptance Page -2- GI-P( OF&ALEN) (v) The generato shall include sufficient information justifying the limiting of the analytical requirements as part of the Site H story Information accompanying the 21B Sill of Lading or Material Shipping Record. This shall include, at a min mum, the following: - the analytical parameters selected; - any screening analytical data (ie. total. data for TCLP, headspace data) ; - the laboratory analytical data; - a de cription of the release; - a physical description of the 'soil including the classification method used; a description of the site location with regardslto current and former usage; - a statement as to whether any other release have occurred at or in the vicinity of the site which may have impacted the site including the types of Oil andiHazardous Material constituting .hose releases; - a statement as to whether the location is suspected or known to be impacted by any anthropogenic contaminants including identification of those contaminants; and - a statement that the generator has used due diligence in making the determination. (2) The facility may allow the use of total analysis data, expressed in mg/kg dry weight, as a screening tool in determining the need for performing TCLP testing. (3) The concentrations ofli hazardous constituents in petroleum contaminated soils accepted', by the facility shall comply with the acceptance criteria specified in Table 1 - Acceptance criteria subject to the following; (a) The presencel' of any chlorinated solvent (s) (HVOCs) z as a hazardous' constituent(s) in the petroleum contaminated soil; does not cause the soil to be either a characteristic or' listed hazardous waste pursuant to 310 CMR 30. 000.�'a I -I -,- ---'-- - - 9 '- r- - -g -... _�;, �__ -�a�'==�i�. ------- -..,•s,.®.-4-�-�„per....+�' - FEB. 1.1999 11:52RM � R� Ir�L,� N0.619 P.16i21 ` FEB 1 - 1999 conditions for Acceptance CITY OF SALEM Page -3- r';;_ni T+J i,CPT (b) The facility shall, within sixty (60) days of the date of receipt of this permit, establish and implement an Interim Quality Assurance & Control Plan (or amend its existing QA/QC Plan as needed) to document the contaminated soil processed complies with the acceptance criteria . for the facility and that the asphaltic materials incorporating the contaminated material are designed, tested, and produced to meet the requirements for the intended product. The QA/QC Plan shall: (i) Include material specifications (chemical and physical) for the processed aggregate and final product(s) based on accepted standards such as those of ASTM Standard, the Massachusetts Highway Department, the Massachusetts Turnpike Authority, the Asphalt Institute or other industry wide accepted standards; Identify the intended use(s) of the final product(s) ; (iii) Document through representative sampling and analysis for both chemical and physical data that both the inputted petroleum contaminated soil, produced aggregate, and final manufactured product comply with the facility's permit and the product specifications; (iv) Specify sampling and analytical procedures. These procedures shall allow for the correlation of input and processed material, and product; (v) Provide that all sampling and analytical procedures are performed in accordance with accepted standard methods such as EPA Standard Methods-SW846, ASTM Standards or any equivalent methods identified by the Department; (vi) Document the blending ratio of PCS with raw aggregate, along with the mix time during the process to insure an adequate coating of emulsion for all gradations (ie. the mix time shall increase with decreasing particle size and subsequent blends) ; (vii) Provide for the maintenance of such data in a summary form at the facility; and FEB. 1. 1999 11:53AM N0.619 P.17i21 o SWIM Conditions of Acceptance Page -4- CITY OF SALEMI PFA I-rl..i ,-1CPT (viii) The QA/QC plan and all associated documentation, including analytical reports and data summaries, shall be supplied to the Department for its inspection and/or approval upon request and kept at the facility in accordance with the record keeping requirements in the facility's current permit. (c) The facility shall within forty-five (45) days of the date of receipt of written notice from the Department for its review and approval. The QA/QC Plan shall fulfill the requirements specified in this permit and any additional requirements that the Department specifies in its notice. (4) The facility may not accept petroleum contaminated soils contaminated with oil and Hazardous Materials (including pathogens) other than those specified in the facility permit, excluding polynuclear aromatic hydrocarbons (PAHs) , semi-volatile organics (SVOcs) or metals which are normal constituents either of virgin petroleum products or of asphalt emulsion and are present as incidental contaminants, unless the facility modifies its Class A recycling permit. (5) The facility may accept other petroleum contaminated soils (ie. catch basin sediments, dredge materials) that are not subject to management under 310 CMR 40.000 provided that the Department issues a Class A Level I recycling permit to the site of generation. This does not include process waste streams such as waste water treatment sludges, fly ash, bottom aggregate or tank bottoms. (6) The facility may accept petroleum contaminated soils that are subject to the requirements of 310 CMR 40.0032 (3) but not subject to management under 310 CMR 40. 0035 using the Material Shipping Record specified in Condition (10) of this modification. (7) Purchasers of product containing recycled contaminated soil, from the facility, shall be supplied with a notice specifying that the product was produced using regulated recyclable materials . (S) Petroleum contaminated soil shipped to the facility from out- of-state locations or from in-state locations subject to 310 CMR 40. 0032 (3) but not subject to 310 CMR 40. 0034 and 40.0035 shall be accompanied by a Material Shipping Record in a form specified by the Department (Attachment I) . FEB. 1. 1999 11:53AM N0.619 P. 18/21 Conditions of Acceptance Page -5- (9) The facility shall assign a unique tracking number to each Materia- Shipping Record. The number shall be unique to the location of generation. Should more than one Material Shipping Record be required for a given location, the same tracking number shall be assigned. each tracking number shall be prefixed by the year (YY) and month (MM) the Material Shipping Record was received by the facility. As an example January 1994 would be 9401. . . . . followed by the unique facility assigned number. (10) The facility shall submit to the Department's local regional office, within fifteen (15) days of the last day of each calendar month, a summary report of all petroleum contaminated solid received at the facility from out-o£-state locations using a format specified by the Department (Attachment II) . 6 F�E OLT), I - 1yy9 1 =._i.Y (Jr cFil.Fk�"I FEB. 1. 1999 11:54AM M0.619 P.19i21: Ouality A9eurance/Control Plan The QA/QC Plan should: (a) include material specifications (chemical and physical) for the processed aggregate and final product(s) . (b) Identify the intended use(a) of the final product(s) . (c) Document through representative sampling and analysis for both chemical and physical data that both the imputed petroleum contaminated ;oil, produced aggregate, and final manufactured product comply with the facility's permit and the product specifications. (d) specify sampling and analytical procedures. Those procedures will allow for the correlation of input and processed material, and product. (e) Provide that all sampling and analytical procedures are performed in accordance with accepted standard methods such as EPA Standard Methods- SW846, ASTM standards or any equivalent methods identified by the Department. (f) Provide for the maintenance of such data in a summary form at the facility. (g) The QA/QC plan and all associated documentation, including analytical reports and data summaries, will be supplied to the Department for its inspection and/or approval upon request and kept at the facility in accordance with the record keeping requirements in the facility's current permit. (h) include a checklist, to be used in the review of all 21E Bill of Ladings and Material shipment Records (Shipping Records) by the Facility. The checklist will assure that all Shipping Records have been completed in full; are accompanied by the required analytical, site history and all other documentation required by the company for acceptance of the soil. it will: • will be signed by that employee; • state whether the material was accepted or rejected; and • include a brief statement by the facility justifying the limiting of any analytical analysis by the facility. i—Zit�3r�+��7f4S1��vVit'-moi 1;; 1 �C - 1Yj {(-i;T\l OF , FEB. 1.1999 11:55AM FE3 1 - 199'? I TALE 1 ACCSPTAXCN CRITERIA CiiY OF SAL. ' TABLE S ACCEPTANCE CRITERIA Contaminant `7 concentration 6,8 Arsenic (As) 30 Vq/kg Cadmium (Cd) 30 jmJ/kg Chromium (Cr)*9 500 N/kg Mercury (Hg) 10 arg/kg Lead (Pb) 1000 xg/kg Chlorinated Solvents (HVOCs)`10,11 5 ug/kg Total Volatile Organic Compounds 30 ng/kg (VOCs)`11,t2 Total Petroleum Hydrocarbons (TPH) 60000 mg/kg Characteristic Hazardous Waste (TCLP) Kone *5,6 Listed Hazardous Waste other than MA01 None `8 Ignitable, Corrosive, Reactive Hazardous None Wastes (D001, D002, D003) Free Liquids None Total Organic Carbon (TOC) <10i Polychlorinated Biphenyls (PCBs)R6 <2 mg/kg Other Constituents Condition 4*13 FEB. 1. 1999 11:55AM NQ.519 P.21i21 YOOTNOTE8 *1 Hereinafter referred to as the facility. *2 Hereinafter referred to as petroleum contaminated soil. *3 The term oil and Hazardous Materials (ORMs) as nsed in this section includes both the materials listed as oHMs in 310 CMR 40.0000 and the hazardous constituents listed in 310 CXR-30.160. *4 Anthropogenetic contaminants refers to any hazardous constituents or Oil and Hazardous Materials present in the soil that are ubiquitous and consistently present in the environment and in the vicinity of the site of generation= and attributable to atmospheric deposition of industrial process or engine emissions, fill materials containing wood or coal ash, and/or petroleum residues that are incidental to the normal operation of motor vehicles. In urban locations, this may include but not be limited to such constituents as As, Cd, Cr, Ph, and TPH. *5 Does not exceed the TO limit (310 CHR 30.1258) for any TC constituent using the Toxicity Characteristic Leaching Procedure (310 CHR 30.1558) except for benzene, toluene, and xylene (aTEX) when these compounds are known to have otiginated from a release of virgin petroleum products (gasoline, diesel, oils etc) . *6 These levels do not relieve the generator or facility from complying with any applicable federal requirements under Rom or %=A. *7 The facility permit may specify analytical methods, procedures and sampling requirements for determining compliance with these levels. *8 .. The soil may not be either a characteristic or listed hazardous waste pursuant to 310 CMR 30.120 Characteristic of Hazardous Tissta or 30.130 Lists of Bazar, drug a waste (other than mA01) . *9 Trivalent chrome. *10 Expressed as total chlorinated solvents EPA method - 8240 (or its equivalent) . *11 1000 ppm v/v headspace has been elimianted as an acceptance criteria for gasoline contamianted soils. However, headapace screening data may be used in selecting samples for laboratory analysis of VOCs. In the case of soils that have boon contaminated, only by a release of gasoline and/or other virgin *light oils* (ie. kerosene, jet fuel,and #1 and #2 oils) a headspace reading of lose than 150 ppm v/v, performed in accordance with the methodology specified in Attachment III, will indicate compliance with a total voC level of 15 mg/kg. Provided the generator has determined, in accordance with Condition (1) of this permit, that no voce other than those associated with the petroleum product (ie. BTEX, MTBE) are present in the soil. *12 Total volatile organic compounds EPA Method 8240 or 8020 (or equivalent) including BTEX, MTBE and a maximum of 5 mg/kg chlorinated volatile organic compounds (Mvocs) . *13 Constituents of petroleum - see Condition (4) of this modification. I Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office William F. Weld - nor•mcr Trudy S.Coxe Se Uq.EOFA Thomas B. Powers Acting CommhWomr RECYCLING PERMIT Name of Permittee: BARDON TRIMOUNT, INC. Effective Date: 2-17-95 Mailing Address: 1101 TURNPIKE ST. Expiration Date: 2-17-00 STOUGHTON, MA 02072 Contact Person: DAVID PETER Class: A, LEVEL III Telephone Number: (617) 595-0820 Permit Number: NE-93-110 '`?r This Is to cerdty that the above named company Is authorized to manage regulated recyclable materials pursuant to Regulation 310 CMR 30.200 and General Laws, Chapter 21 C. This permit authorizes recycling of the following materials only: Material Description EPA Waste Code Amount PETROLEUM CONTAMINATED SOIL MA01 150, 000 TONS/YR Description of Recycling Operations RE—USE OF SOILS CONTAMINATED WITH PETROLEUM PRODUCTS IN AN AMBIENT TEMPERATURE ASPHALT EMULSION STABILIZATION PROCESS FOR THE PRODUCTION OF ASPHALT PRODUCT. Location of Recycling Operations BARDON TRIMOUNT, INC. 30 DANVERS ROAD SALEM, MASSACHUSETTS 01907 MAD001014984 10 Commerce Way • Woburn,Massachusetts 01801 0 FAX(617)932-7615 9 Telephone(617)932-7600 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of �+ FEB 2 7 1995 Environmental Protection Metro Boston/Northeast Regional Office CITY OF Sq! EAS HEAt_TH DENT. William F. Weld Gw n,., Trudy S.Coxe FSE' 17secretary.EDEAThomas B. PowersIF5_9�11 Acting Cornnb i ne, Mr. David Peter RE: SALEM - Metropolitan Boston Bardon Trimount, Inc. Northeast Region - DHW 1101 Turnpike Street DHW RRM - NE-93-110 Stoughton, Massachusetts 01801 Transmittal No. 74554 RECYCLING PERMIT Dear Mr. Peter: The Metropolitan Boston/Northeast Region of the Department of Environmental Protection, Division of Hazardous Waste ("Department" or "this office") has completed its Second Technical Review of your request to recycle petroleum contaminated soil ("PCS") in a cold emulsion asphalt batching process to be operated at (30`Danvers 4Road,_Salem, Massachusetts("facility") . Bardon Trimount;Inc. ' s ini-tial application was received by the Department on December 27 , 1993 , and was updated by Bardon Trimount, Inc. on October 17 , 1994, in response to a Notice of Technical Deficiency issued by the Department on June 6, 1994. Please note that while previous approvals list the facility address as 1130 Danvers Road, Swampscott, Massachusetts" , the correct location where the actual operation is performed is the portion of the site that is located at 1130 Danvers Road, Salem, Massachusetts" , and shall hereby be listed as such. Department review of the submitted information indicates that Bardon Trimount, Inc. proposes to use PCS as a feedstock in the production of an unregulated asphalt product by mixing the PCS with asphalt emulsions at ambient temperatures above 32°F. The Department understands that the PCS will not be mixed with asphalt cement to produce a cold mix asphalt material and it will not be utilized as a feedstock in the manufacturing of hot-mix asphalt as was stated in the original submittal of December 27 , 1993 , and as such, these activities do not need to be authorized at this time. The asphalt product will be used in normal paving operations or in a manner consistent with the Department' s Division of Solid waste Management Regulations 310 CMR 19. 000, will be environmentally and structurally stable, and will meet the appropriate industry standards. (Please note that one industry reference listed, "Table II Massachusetts Highway Department Specification M1. 11. 0" , lists gradation requirements specifically for "reclaimed base borrow material for base course" and further states that the material must be "free from loam, clay and deleterious materials such as brick, reinforcing steel, glass, wood, paper, plaster, lathing, and building rubble etc.") 10 Commerce Way 9 Woburn,Massachusetts 01801 0 FAX{617)932-7615 s Telephdne(617)932-7600 Bardon Trimount, Inc. Page -2- The primary recycling process equipment will be the existing batch plant equipment, which had been previously approved by the Department's Division of Hazardous Waste (DHW RRM-NE-90-085) , and the Division of Air Quality Control (DAQC MBR-89-IND-086) , on September 5, 1991. All provisions and conditions of this existing permit/approval shall remain as stated. The existing feed bin and feed conveyor normally used to introduce recyclable asphalt materials ("RAP") into the mixing process will be used to introduce the PCS to the weigh box in the main plant. The asphalt emulsion will be stored on site in one of the existing asphalt storage tanks and maintained at a temperature consistent with material specifications. The standard operating procedure ("SOP") for this process shall ensure that the asphalt emulsion is not mixed with the asphalt cement routinely stored in the tank. The emulsion is discharged from the weigh kettle into the pug mill and the ingredients are wet mixed for approximately 25 - 35 seconds depending on the specified product. The equipment will be operated at a rate of 240 tons per hour. The weigh box and pugmill are vented to the dryer exhaust system and the overall gas flow remains essentially the same as described in Department Approval/Permit: DAQC MBR-89-IND-086/DHW RRM-NE-90-085. I In the event that the existing equipment cannot be utilized to process PCS, Bardon Trimount, Inc. will engage the use of a portable mix plant manufactured by Midland Machinery Company, Inc. of Tonawanda, New York. This self-contained continuous pug mill, model T-4100, will also process soil at a rate of 240 tons per hour. The asphalt emulsion will be pumped directly from the delivery truck through the plant mounted metering system. Bardon Trimount, Inc. will recycle up to 150, 000 tons per year of soil that has been contaminated with petroleum distillates. These materials will be obtained from off-site soil remediation projects or from soil contaminated by accidental releases. The soil will be transported from the site of generation to the Salem facility under a 21E Bill of Lading in accordance with 310 CMR 40 . 0034 and 310 CMR 40. 0035 or a Material Shipping Record (see attached Conditions of Acceptance) . The transporter will cover the soil during transport to insure that evaporation of petroleum distillates is held to a minimum. All PCS will be stored in a storage bin structure to be constructed adjacent to the processing area. The concrete block storage bin structure will be a 120 foot long by 60 foot wide roofed structure with 10 foot high reinforced concrete walls on three sides and a six inch thick sloped concrete slab floor equipped with a sump. The slab will be sloped towards the sump to i Bardon Trimount, Inc. Page -3- prevent the discharge of any liquids from the building. A six inch bituminous concrete berm will be layed down at the opening of the structure to prevent the entrance of surface water. The roof will cover the entire area. The storage building will contain a maximum of 5, 000 tons of PCS at any one time. Equipment for handling any accumulation of liquid within the structure shall be provided and maintained. All areas utilized for the processing of PCS will be paved with bituminous concrete, including the travel area between the storage building and the feed bin of the main batching equipment, the travel area between the storage building and the portable mix plant. The layout for the processing areas originally submitted has been updated by a plan submitted to the Department on January 18 , 1995. Based upon this review, the Department is issuing the enclosed recycling permit to Bardon Trimount, Inc. , 30 Danvers Road, Salem, Massachusetts which authorizes the management of regulated recyclable material in accordance with G.L.c. 21C and 310 CMR 30. 200. The Department is of the opinion that the plans and specifications pertinent to the application are in conformance with G.L.c. 21C and 310 CMR 30.200, and hereby grants a HAZARDOUS WASTE RECYCLING PERMIT for the described operations, as submitted, with the following SPECIAL CONDITIONS as well as the attached CONDITIONS OF ACCEPTANCE and GENERAL CONDITIONS: 1. Bardon Trimount, Inc. shall not receive FCS until the proposed storage structure has been constructed, and the processing of the incoming soil shall not commence until the travel areas described have been paved with bituminous concrete. 2 . Bardon Trimount, Inc. shall notify the Department in writing not less than ten (10) days prior to the anticipated actual start-up of the soil recycling process. A written notice including the actual start-up date shall be submitted to this office within fifteen (15) days following the commencement of recycling activities. 3 . Bardon Trimount, Inc. will not exceed the storage capacity of 5, 000 tons PCS in the proposed structure at any time. At no time will PCS be allowed to be stored in any other location at the facility. Bardon Trimount, Inc. Page -4- 4 . Bardon Trimount, Inc. shall process all PCS into asphalt product within 120 days of its receipt at the facility. 5. Bardon Trimount, Inc. shall process all PCS into asphalt product at ambient temperatures above 32°F. 6. Bardon Trimount, Inc. shall perform all PCS recycling activities on an impervious surface as described in the application. PCS shall not be held in the processing area overnight. If a tanker containing asphalt emulsion is to be held at the facility overnight, it shall be moved inside a garage building with its valves secured. 7 . Bardon Trimount, Inc. shall cure all asphalt product outdoors on a paved surface. The curing product shall be covered when weather conditions require. Bardon Trimount, Inc. shall maintain records at the facility identifying the recipient, date of shipment and estimated cubic yards for all shipments of asphalt product. 8 . Bardon Trimount, Inc. shall immediately take appropriate steps to abate any nuisance condition(s) , including but not limited to noise, dust and odor, generated by the operation of this facility. 9. Bardon Trimount, Inc. shall maintain on-site records to demonstrate that the Salem facility does not exceed the one ton per year limit of total volatile organic" compounds (VOC) emissions. The twelve month rolling average of the actual/potential VOC emissions shall be documented in accordance with the provisions stated in the "Response to Deficiency No. 4" section of Bardon Trimount Inc. ' s October 17 , 1994 submittal, also taking into consideration any non-gasoline VOC that may be present in, incoming PCS. 10 . Bardon Trimount, Inc. shall, in addition to complying with 310 CMR 30. 000, remain in compliance with all applicable requirements of the Massachusetts Air Quality Control Regulations as contained in 310 CMR 7 . 00, and any other policies, terms, and conditions that the Department may require with regard to the activities at this facility. 11. Bardon . Trimount, Inc. shall maintain an on-site specifically labelled dumpster to receive any unsuitable debris that is removed from the PCS during the screening process. The dumpster contents shall be shipped to a permitted facility as appropriate. Bardon Trimount, Inc. Page -5- 12. Bardon Trimount, Inc. shall maintain the following daily records: copies of each shipping paper for deliveries of PCs; daily totals (tons) of PCS taken in from generators; daily totals (tons) of PCs recycled; daily totals (gallons) of asphalt emulsion used to process PCs; a copy of all inspection checklists, as described in the application; and a written report of any exception to the acceptance criteria resulting in return of materials to the generator. The Department shall be notified via fax at (617) 932-7615 of these exception events within 24 hours of each occurrence. 13 . All vehicles carrying PCs to the facility shall be weighed in advance of entering the facility. The amount of material delivered shall be recorded and kept on file for a period of at least three years. Upon arrival of the vehicle, the Bardon Trimount, Inc. staff will inspect the Bill of Lading, the vehicle itself to insure that it is in proper mechanical operating condition, and the load to make sure that there is sufficient freeboard between the actual top of the trailer and the level to which the PCS has been placed within the trailer and to make sure that the liners and the covers on the PCs are in place. All PCS delivered to the facility shall be off loaded only at the appropriate designated storage area and at no other location within the facility. 14. Bardon Trimount, Inc. shall prevent the unknowing entry of persons or unauthorized persons onto the active portion of the facility. The facility shall-"maintain security standards consistent with 310 CMR 30. 514 (1) and shall lock the front gate during non-working hours to prevent unlawful access. 15. Bardon Trimount, Inc. shall inspect the facility for malfunctions and deterioration of equipment or structures, operator error, and discharges which may be causing or may lead to the release of hazardous constituents to the environment. Bardon Trimount, Inc. shall conduct these inspections often enough to identify problems in time to correct them before they cause harm to public health, safety or welfare or the environment. Bardon Trimount, Inc. Page -6- 16. Bardon Trimount, Inc. shall remedy all malfunctions, deteriorations, operator errors, and discharges that any inspection reveals. When a hazard is imminent or has occurred, the owner or operator shall immediately notify the Department and shall immediately take remedial action. Please note that the Contingency Plan described in the application incorrectly lists the CERO office of the DEP as the regulatory agency to be contacted. The correct location is the Northeast Regional Office (NERO) with the corresponding phone number: (617) 932-7600, and the phone number for the State Police Dispatch Center, Boston is (617) 292-5500. Also replace CERO with NERO when it appears in the text. 17. All Bardon Trimount, Inc. personnel participating in the inspection of shipments, quality control analysis, record keeping and reporting, storage and receiving operations or recycling process operations, will be trained to perform their duties. Training shall consist of formal instruction or on-the-job training prior to being allowed to perform their respective duties. 18 . All new employees shall work under direct supervision until all required training for that duty is completed. All new personnel will complete training within six months of their employment or assignment to the recycling operation. A record of employee training will be maintained and made a part of the operating record.' Employees will be trained to inspect all incoming shipments of PCS for structural quality and free liquid. They will also be instructed in record keeping so that a -history of all transactions will be available. 19. A record of each employee' s training signed and dated by the employee, shall be maintained and made part of the operating record. Employees shall be trained to inspect all incoming shipments for particle size and free liquid. Employees shall also be instructed in recordkeeping so that a history of all transactions will be available. Employees shall be given additional instructions for spill control and clean out procedures. 20. Bardon Trimount, Inc. shall make a copy of this Recycling Permit as well as a copy of its complete permit application package available at the facility at all times. This permit is not transferrable to other persons, locations or activities. Bardon Trimount, Inc. Page -7- Failure to comply with any of the above stated SPECIAL CONDITIONS and attached CONDITIONS OF ACCEPTANCE and GENERAL CONDITIONS will constitute a violation of the Regulations and can result in the revocation of the RECYCLING PERMIT granted herein to operate the described facility. This permit may also be revoked if the construction is not begun within one year of the date of issuance of this approval, or if the construction work is suspended for one year or more. 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 and postmarked within twenty-one (21) days of the date you received this plan approval. 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. Bardon Trimount, Inc. Page -8- Please read this document carefully as it stipulates the particular activities for which the permit is issued as well as the general and specific conditions governing those activities. Should you have any questions, please contact Martha Bolis at (617) 932-7500 or at the above letterhead address. Very truly yours, Ma tha J. dlis En4,7ironme tal Analyst aures E. Belsky hief, Permitt'ng ureau of Wast Preven ' on encl . JEB/mjb cc: DEP, Division of Hazardous Waste, One Winter St. , Boston, MA 02108 - Attn: Steve Bergstrom Fire Headquarters, 48 Lafayette St. , Salem, MA 01970 Board of Health, 9 North St. , Salem, MA 01970 r CONDITIONS OF ACCEPTANCE (1) The facility is authorized to accept petroleum contaminated soils shipped to it under a 21E Bill of Lading in accordance with 310 CMR 40. 0034 and 310 CMR 40.0035 or a Material Shipping Record subject to t 7 he following conditions: (a) The completed 21E Bill of lading or the Material Shipping Record and any accompanying documentation including analytical data shall be maintained at the facility in accordance with the provisions of this approval; and (b) The analytical requirements for the receipt of petroleum contaminated soil may be limited, by the facility, to the Oil and Hazardous Material (s) that are known to constitute the release, and those additional Oil and Hazardous Materials that are known or may reasonably be suspected to be present in the soil either as anthropogenic" contaminants or from other known or suspected releases at or in the vicinity of the site, provided that: (i) The source(s) of the release of the petroleum contamination is known; (ii) The Oil and Hazardous Material and hazardous constituents of the petroleum released are known; (iii) The generator using due diligence determines that , there is no reason to suspect or believe that the petroleum contaminated soil has been impacted by any releases of oil or Hazardous Materials other than that of the known source OR identifies the additional Oil and Hazardous Materials that are suspected or known to be present in the soil, in addition to those associated with the known release, including any anthropogenic contaminants. (iv) Due diligence shall consist of a search of information and records reasonably available to the generator of the contaminated soil sufficient to make the determination. Such records and information may include, but are not limited to, those of the generator, location of generation (ie. facility if not the generator) , the Department ' s Bureau of Waste Site Cleanup, and the municipality (ie. Board of Health, Fire Department) within which the site is located. Conditions for Acceptance Page -2- (v) The generator shall include sufficient information justifying the limiting of the analytical requirements as part of the Site History Information accompanying the 21E Bill of Lading or Material Shipping Record. This shall include, at a minimum, the following: - the analytical parameters selected; - any screening analytical data (ie. total data for TCLP, headspace data) ; the laboratory analytical data; - a description of the release; - a physical description of the soil including the classification method used; - a description of the site location with regards to current and former usage; - a statement as to whether any other releases have occurred at or in the vicinity of the site which may have impacted the site including the types of Oil and Hazardous Material constituting those releases; - a statement as to whether the location is suspected or known to be impacted by any anthropogenic contaminants including identification of those contaminants; and - a statement that the generator has used due diligence in making the determination. (2) The facility may allow the use of total analysis data, expressed in mg/kg dry weight, as a screening tool in determining the need for performing TCLP testing. (3) The concentrations of hazardous constituents in petroleum contaminated soils accepted by the facility shall comply with the acceptance criteria specified in Table 1 - Acceptance criteria subject to the following; (a) The presence of any chlorinated solvent(s) (HVOCs) as a hazardous constituent(s) in the petroleum contaminated soil does not cause the soil to be either a characteristic or listed hazardous waste pursuant to 310 CMR 30. 000 .'e.e Conditions for Acceptance Page -3- (b) The facility shall, within sixty (60) days of the date of receipt of this permit, establish and implement an Interim Quality Assurance & Control Plan (or amend its existing QA/QC Plan as needed) to document the contaminated soil processed complies with the acceptance criteria for the facility and that the asphaltic materials incorporating the contaminated material are designed, tested, and produced to meet the requirements for the intended product. The QA/QC Plan shall: (i) Include material specifications (chemical and physical) for the processed aggregate and final product(s) based on accepted standards such as those of ASTM Standard, the Massachusetts Highway Department, the Massachusetts Turnpike Authority, the Asphalt Institute or other industry wide accepted standards; (ii) Identify the intended use(s) of the final product(s) ; (iii) Document through representative sampling and analysis for both chemical and physical data that both the inputted petroleum contaminated soil, produced aggregate, and final manufactured product comply with the facility' s permit and the product specifications; (iv) Specify sampling and analytical procedures. These procedures shall allow for the correlation of input and processed material, and product; (v) Provide that all sampling and analytical procedures are performed in accordance with accepted standard methods such as EPA Standard Methods-SW846, ASTM Standards or any equivalent methods identified by the Department; (vi) Document the blending ratio of PCS with raw aggregate, along with the mix time during the process to insure an adequate c6ating of emulsion for all gradations (ie. the mix time shall increase with decreasing particle size and subsequent blends) ; (vii) Provide for the maintenance of such data in a summary form at the facility; and Conditions of Acceptance Page -4- (viii) The QA/QC plan and all associated documentation, including analytical reports and data summaries, shall be supplied to the Department for its inspection and/or approval upon request and kept at the facility in accordance with the record keeping requirements in the facility' s current permit. (c) The facility shall within forty-five (45) days of the date of receipt of written notice from the Department for its review and approval. The QA/QC Plan shall fulfill the requirements specified in this permit and any additional requirements that the Department specifies in its notice. (4) The facility may not accept petroleum contaminated soils contaminated with oil and Hazardous Materials (including pathogens) other than those specified in the facility permit, excluding polynuclear aromatic hydrocarbons (PAHs) , semi-volatile organics (SVOCs) or metals which are normal constituents either of virgin petroleum products or of asphalt emulsion and are present as incidental contaminants, unless the facility modifies its Class A recycling permit. (5) The facility may accept other petroleum contaminated soils (ie. catch basin sediments, dredge materials) that are not subject (` to management under 310 CMR 40. 000 provided that the Department ` issues a Class A Level I recycling permit to the site of generation. This does not include process waste streams such as waste water treatment sludges, fly ash, bottom aggregate or tank bottoms. (6) The facility may accept petroleum contaminated soils that are subject to the requirements of 310 CMR 40. 0032 (3) but not subject to management under 310 CMR 40. 0035 using the Material Shipping Record specified in Condition (10) of this modification. (7) Purchasers of product containing recycled contaminated soil, from the facility, shall be supplied with a notice specifying that the product was produced using regulated recyclable materials. (8) Petroleum contaminated soil shipped to the facility from out- of-state locations or from in-state locations subject to 310 CMR 40 . 0032 (3) but not subject to 310 CMR 40. 0034 and 40. 0035 shall be accompanied by a Material Shipping Record in a form specified by the Department (Attachment I) . Conditions of Acceptance Page -5- (9) The facility shall assign a unique tracking number to each Material Shipping Record. The number shall be unique to the location of generation. Should more than one Material Shipping Record be required for a given location, the same tracking number shall be assigned. each tracking number shall be prefixed by the year (YY) and month (MM) the Material Shipping Record was received by the facility. As an example January 1994 would be 9401. . . . . followed by the unique facility assigned number. (10) The facility shall submit to the Department's local regional office, within fifteen (15) days of the last day of each calendar month, a summary report of all petroleum contaminated solid received at the facility from out-of-state locations using a format specified by the Department (Attachment II) . Quality Assurance/Control Plan The QA/QC Plan should: (a) Include material specifications (chemical and physical) for the processed aggregate and final product(s) . (b) Identify the intended use(s) of the final product(s) . (c) Document through representative sampling and analysis for both chemical and physical data that both the imputed petroleum contaminated soil, produced aggregate, and final manufactured product comply with the facility's permit and the product specifications. (d) specify sampling and analytical procedures. These procedures will allow for the correlation of input and processed material, and product. (e) Provide that all sampling and analytical procedures are performed in accordance with accepted standard methods such as EPA Standard Methods- SW846, ASTM Standards or any equivalent methods identified by the Department. (f) Provide for the maintenance of such data in a summary form at the facility. (g) The QA/QC plan and all associated documentation, including analytical reports and data summaries, will be supplied to the Department for its inspection and/or approval upon request and kept at the facility in accordance with the record keeping requirements in the facility's current permit. (h) Include a checklist, to be used in the review of all 21E Bill of Ladings and Material Shipment Records (shipping Records) by the Facility. The Checklist will assure that all Shipping Records have been completed in full; are accompanied by the required analytical, site history and all other documentation required by the company for acceptance of the soil. It will: • will be signed by that employee; • state whether the material was accepted or rejected; and • include.a brief statement by the facility justifying the limiting of any analytical analysis by the facility. TABLE 1 - ACCEPTANCE CRITERIA TABLE 1 - ACCEPTANCE CRITERIA Contaminant *7 Concentration*6"8 Arsenic (As) 30 mg/kg Cadmium (Cd) 30 mg/kg Chromium (Cr *9 500 mg/kg Mercury (Fig) 10 mg/kg Lead (Pb) 1000 mg/kg Chlorinated Solvents (HVOCs)*7 ," 5 mg/kg Total Volatile Organic Compounds 30 mg/kg (VOCs)*11'12 Total Petroleum Hydrocarbons (TPH) 60000 mg/kg Characteristic Hazardous Waste (TCLP) None *5,6 Listed Hazardous Waste other than MA01 None *8 Ignitable, Corrosive, Reactive Hazardous None Wastes (D001, D002, D003) Free Liquids None i Total Organic Carbon (TOC) <_10% Polychlorinated Biphenyls (PCBs)*6 <2 mg/kg Other Constituents Condition 4*13 FOOTNOTES *1 Hereinafter referred to as the facility. *2 Hereinafter referred to as petroleum contaminated soil. *3 The term oil and Hazardous Materials (OHMS) as used in this section includes both the materials listed as OHMs in 310 CMR 40.0000 and the hazardous constituents listed in 310 CMR 30.160. *4 Anthropogenetic contaminants refers to any hazardous constituents or Oil and Hazardous Materials present in the soil that are ubiquitous and consistently present in the environment and in the vicinity of the site of generation; and attributable to atmospheric deposition of industrial process or engine emissions, fill materials containing wood or coal ash, and/or petroleum residues that are incidental to the normal operation of motor vehicles. In urban locations, this may include but not be limited to such constituents as As, Cd, Cr, Pb, and TPH. *5 Does not exceed the TC limit (310 CMR 30.125B) for any TC constituent using the Toxicity Characteristic Leaching Procedure (310 CMR 30.155B) except for benzene, toluene, and xylene (BTEX) when these compounds are known to have originated iginated from a release of virgin petroleum products (gasoline, diesel, oils etc) . *6 These levels do not relieve the generator or facility from complying with any applicable Federal requirements under RCRA or TSCA. *7 The facility permit may specify analytical methods, procedures and sampling requirements for determining compliance with these levels. *8 .. The soil may not be either a characteristic or listed hazardous waste pursuant to 310 CMR 30.120 Characteristic of Hazardous waste or 30. 130 Lists of Hazardous waste (other than MAOI) . *9 Trivalent chrome. *10 Expressed as total chlorinated solvents EPA Method - 8240 (or its equivalent) . *11 1800 ppm v/v headspace has been elimianted as an acceptance criteria for gasoline contamianted soils. However, headspace screening data may be used in selecting samples for laboratory analysis of Vocs. In the case of soils that have been contaminated only by a release of gasoline and/or other virgin "light oils" (is. kerosene, jet fuel,and N1 and 92 oils) a headspace reading of less than 150 ppm v/v, performed in accordance with the methodology specified in Attachment III, will indicate compliance with a total VOC level of 15 mg/kg. Provided the generator has determined, in accordance with Condition (1) of this permit, that no voCs other than those associated with the petroleum product (is. BTEX, MTBE) are present in the soil. *12 Total volatile organic compounds EPA Method 8240 or 8020 (or equivalent) including BTEX, MTBE and a maximum of 5 mg/kg chlorinated volatile organic compounds (HVOCs) . *13 Constituents of petroleum - see condition (4) of this modification. ATTACHMENT I MATERIAL SHIPPING RECORD Massachusetts Department of Environmental Protection Bureau of Waste Prevention t Material Shipping Record .& Log TrecldngNumber For the shipment of contaminated soil, urban fill, and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesting under 310 CMR 30.000 IMPORTANT: Location Information This form is NOT to be used for the 1. Provide the following information on the location where the waste was generated: shipment of remediation PALM Nine(opbaid) wastes subject to management under section 310 Sited toaamad CMR 40.0035 of the Massachu- CitylTm sere Zip mde setts Contingency Plan nor is it to be 2. Date/Period of generation: 5. List additional tracking documents associated with this used in lieu of a / / / / document: hazardous waste manifest for Firm To hazardous waste or recyclable 3. U.S. EPA ID number. materials subject to the Massachu- setts Hazardous Waste Regula- 4. 21E release: tions 310 CMR 30.000. ❑ yes ❑ no Generator Information 1. Provide the following generator information: Name of organinb'on Gonad nam Title Sbeetaddress Ci0VTCW Slate zip mete Telephone number and a anion Owner and/or Operator Information 1. If the owner and/or operator is different from the generator as indicated in Section B, provide the following information: Check applicable: ❑ owner ❑ operator Nam of Digmizuopn conlarname Title Sheet addrem GIVTown Slate Ip ode . Tdephm number and aomon Rev.1`94 Pace 1 of 5 Massachusetts Department of Environmental Protection Bureau of Waste Prevention Material Shipping Record & Log Tracking Number f For the shipment of contaminated soil, urban fill, and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesting under 310 CMR 30.000 ' Transporter/Common Carrier Information 1. Provide the following information: Traap"oromw camernafm Haralom ware/!cense number(ll applicable) Licenslrp SIM(II applicable) Contactperwn Title Stroh ciry/Town Slale Zip ode Telephone numberard Wension Receiving Facility Information 1. Provide the following information on the receiving facility: OperatorlFxiliryname CanWpermn Me Sheer slate Dip code Telephone numberand edension 2. Type of facility: ❑ asphalt batch/cold ma ❑ landfill/disposal ❑ thermal processing ❑ asphalt batch/hot Mix ❑ landfill/daily cover ❑ landfill/structural fill ❑ other: 3. Permit number: Description of Material Check all that apply: 1. a. ❑ soil ❑ dredge material ❑ fill 3. Type of contamination: b. Description: a. ❑ gasoline ❑ diesel fuel ❑ 12 oil ❑ 14 oil ❑ 16 oil ❑ waste oil ❑ kerosene ❑ jet fuel b. ❑ Debris: ❑ demolition ❑ vegetative ❑ inorganic C. Classification: ❑ MIT ❑ USDA c ❑ Other. ❑ USAEC ❑ ASEE 2. ❑ Other: desobe desrAbe Rev.3194 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Waste Prevention t ' Material Shipping Record & Log 7racldngNumber For the shipment of contaminated soil, urban fill, and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesting under 310 CMR 30.000 Description of Material (cont.) 4. Constituents of concern(check all that apply): 7. Estimated volume of materials: ❑ As ❑ Cd ❑ Cr ❑ Pb ❑ Hg ❑ Na ❑ PCBs ❑ HVOCs ❑ PATH ❑ VOCs ❑ PAHs ❑ BNAs cubic yal& ❑ TPH ❑ Other: Tons desalbe Other 5. Analyses performed (check all that appy): 8. Contaminant source(check one/specify): ❑ As ❑ Cd ❑ Cr ❑ Pb ❑ Hg ❑ Na ❑ PCBs ❑ transportation accident ❑ ust ❑ other: ❑ HVOCs ❑ PATH ❑ VOCs ❑ PAHs ❑ BNAs ❑ TPH ❑ TCLP(inorganic) ❑ TCLP(organic) ❑ Other: desonbe 9. Indicate which waste characterization support documentation is attached: 6. Screening performed: ❑ site history information ❑ sampling and analytical methods/procedure Type ❑ laboratory data ❑ field screening data If supporting documentation is not appended,provide an Instrument used attachment stating the date and in connection with what document such information was previously submitted to the Constituents facility. Qualified Environmental Professional Opinion Nacre of orwni7ddan Name olpmlessionat Title Telephone number and ealension '1 have personally examined and am familiar with the information contained on and submitted with this form. siguture Based on this information, it is my opinion that the testing and assessment actions undertaken were adequate to characterize the waste,and that the facility or location can accept wastes with the characteristics described in this submittal. I am Date aware that significant penalties including, but not limited to, possible fines and imprisonment may result if I willfully submit information which I know to be false, inaccurate,or License number materially incomplete.' Seal: Rev.3/94 Page 3 of 5 Massachusetts Department of Enviranmental Protection Bureau of Waste Prevention r Material Shipping Record & Log TracldngNumber For the shipment of contaminated soil, urban fill, and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesting under 310 CMR 30.000 Certification of Generator 9 certify under penalties of law that 1 have personally examined and am familiar with the information contained in Sim" submittal, including any and all documents accompanying this certification,and that, based on my inquiry of those individuals immediately responsible for obtaining the information contained herein is,to the best of my knowledge Date and belief,true,accurate,and complete. I am aware that there are significant penalties, including, but not limited to,possible fines and imprisonment,for willfully submitting false, Namfprinl/ inaccurate,or incomplete information' Acknowledgment of Receipt by Receiving Facility R"long fadgry Represen6tlm(pant) nre signature Date Rev.3/94 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Waste Prevention Material Shipping Record & Log Tracking Number For the shipment of contaminated soil, urban fill, and dredge materials not subject to management under section 310 CMR 40.0035 nor manifesting under 310 CMR 30.000 Load Information LOAD#: LOAD t: Rote: Make additional Signatumothalsporler Signatumothansporler copies of this page asneces- ReaidngtarJgb R"hingfacility sary. Dale received Date rewlved Time racelved Time mceived - Dare ofshlpment Dale of shipment Time ofshlpment Tlme otshipment fikk/Traclorraglsbabon Tnntrrraclor ratushab'on Trdkrregisbafion Trallerregisbation LOW slx(cubic yamstons) Loaisize(cubic ya-d0ons) LOAD#: LOAD#: Signature Ofhansponer Signatureollmnsporler R"i ft 1a7iily Rewhlrg la-llity Dale twhived Dale receival - Time reciumd Time wimd Dale ofshipnent - Daeolshirmenl Time of shipment - Time of shipment Truck/TMA)rmglsbab'on T=tTtdctorrarBlydion Trailerregismon Trdler registrdron Load site(wbic yamMons) Laal size(cubic yeds4ons) Log Sheet Volume information Total roiume this page(wbk ymdsibnsJ Page of rotalww towed(cubk yamsAons) Total carried forward and this page(cubic.ydmOoos) Rev.3/94 Page 5 of 5 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection William F.Weld Governor Trudy Coxe sx,e Y ,EOEA Thomas B. Powers Aping Commissioner Summary Sheet Questions and Answers 1. What is the purpose of the Material Shipping Record? The Material Shipping Record is to be used as the tracking document for oil contaminated soil, fill, and dredge materials not subject to management requirements of 310 CMR 40.0034 and 40.0035 of the Massachusetts Contingency Plan (MCP) or manifesting as a hazardous waste under 310 CMR 30.000 the Massachusetts Hazardous Waste Regulations. 2. What type of material and levels of contaminant does this include? This includes materials such as soil, sediment, and dredge materials generated within the Commonwealth that are contaminated with oil below the Reportable Concentrations under the MCP and any soil, sediment, and dredge materials with any level of oil contamination that are generated from a state other than Massachusetts and shipped to a facility in Massachusetts for recycling, reuse or disposal. It may also include other materials specifically identified by the Department. 3. May this document be used in lieu of a hazardous waste manifest? No, it may not be used in lieu of a hazardous waste manifest for the shipment of hazardous wastes subject to management under 310 CMR 30.000 or Federal RCRA. 4. Who must use this form? Anyone shipping oil contaminated soil, fill or dredge materials from out-of-state to any facility in Massachusetts for recycling, reuse, or disposal must use this form. Any generator in Massachusetts must use this form if it is shipping oil contaminated soils that are not subject to the requirements of 310 CMR 40.0034 and 310 CMR 40.0035, or manifesting under 310 C14R 30.000, to any facility either within or outside of Massachusetts for. purposes of recycling, reuse or disposal. 5. Are any other permits or notifications required in addition to this form? Yes, receiving facilities within Massachusetts may require a Class A Recycling Permit or a permit from the.: Department's Division of Solid Waste Management (Beneficial Reuse, or Special Waste Determination). The receiving facility should be contacted to assure that the proper additional permits and approvals are obtained. 6. Where may copies of this form be obtained? Copies of this form maybe obtained from the receiving facility in Massachusetts from Infoline in DEP's Boston office and the Regional Service Centers. One Winter Street 9 Boston, Massachusetts 02108 0 FAX(617) 556-1049 9 Telephone (617)292-5500 . Please complete the Material Shipping Record (first four pages of form) in ink. Note that documents submitted to the facility must include original signatures. Top of each page, upper right-hand corner: Tracking Number: Unique Tracking Number assigned by the receiving facility to the location of origin. A. Location Information Record the location from which the material is being generated in this section. If the material is being generated from multiple contiguous properties that comprise a single remedial site, use the Material Shipping Record to record the address or location of the single most contaminated property or source location. Append a list of other affected properties to the form. 1. Location Name: May be the company or facility name or the CERCLA or State name for the site. Examples might be ABC Widgets Inc., Double Death Superfund Site, or Skyview Turnpike Mile 78. Street: Note the street address of the location, or indicate a mile marker or similar highway designation. Location Aid: Provide additional geographical or descriptive information to identify the location (e.g., cross-street, transformer or pole number, business name, landmark or geographical feature). City/Town/State/Zip Code: Identify the location's municipality. Include the state and zip code. 2. Date/Period of generation: State the date or period during which material shipment using the Material Shipping Record was generated at the disposal site. 3. U.S. EPA Identification Number: If available, state the EPA or State Hazardous Waste Identification Number for the location of generation. 4. 21E Site: If this material is being generated at a location which has had a release subject to 310 CMR 40.0000, check the yes box; if not, check no. Do not check this box if the response to the release has been completed and the location has achieved a permanent solution pursuant to 310 CMR 40.0000, and the material is unrelated to that solution. If this box is checked, the Site History attached to this record should describe the relationship of the material to the release, including the reason the material is not subject to management under 310 CMR 40.0034 and 40.0035. 5. Additional Tracking Documents: List any other tracking documents required for the shipment of this material, such as DOT documents or those required by the State within which the material was generated. B. Generator Information 1. Name of Organization: If an organization is the generator of the material state the name (e.g., company, municipal department, public authority, etc.). Contact Name/Title: Provide the name and title of a representative of the organization who has knowledge of the Material Shipping Record and whom may be contacted for further information. The person listed must be the highest ranking individual having day-today responsibility for submittal of the Material Shipping Record. If an individual is assuming responsibility for the Material Shipping Record, state his or her name. Revised 3/94 3 of 7 City/Town/State/Zip Code: Provide the remainder of the mailing address of the receiving facility contact. Telephone: State a telephone number, including area cote and any extension, where the receiving facility contact may be reached. 2. Type of Facility: Indicate the type of facility receiving the material based on the type of management planned for those materials. If selecting "other", specify the facility type. 3. Permit Number: If applicable, state the DEP Division of Hazardous Materials Hazardous Waste Class A Recycling,Permit or Division of Solid Waste Management Facility number for the receiving facility, F. Description of Material 1. a. Soil/Dredge Material/Fill: If the material is soil, dredge material or fill check the appropriate box(s). 1. b. Description: Describe the physical characteristics of the material with regards to size, type, and composition. If the contaminated media is soil, indicate the soil type. 1. c. Classification: If soil indicate the classification method(s): MIT = M.I.T and British Standards Institute, AASHO = American Association of State Highway Officials, USDA = U.S. Dept. of Agriculture, USAEC = Unified Soil Classification System, ASEE = American Society for Engineering Education (Burmeister). 2. Other: If a material other than soil, dredge material, or fill describe here. 3. Type of Contamination: Check all that apply to the material. 4. Constituents of Concent: Specify the type of oil and/or hazardous material contaminating the material intended for transport by checking the applicable blocks. The abbreviations correspond to the following: As = Arsenic; Cd = Cadmium; Cr = Total Chromium; Pb = Lead; Hg = Mercury; Na = Sodium; PCBs = polychlorinated biphenyls; HVOCS = chlorinated compounds (eg. chlorinated solvents); PATH = pathogens; VOCs = Volatile organic compounds other than chlorinated compounds this includes benzene, ethylbenzenes, toluene, and xylenes; PAHs = polyaromatic hydrocarbons; BNAs = Acid/Base/Neutral extractables; and TPH = Total Petroleum Hydrocarbons. 5. Analyses Performed: Specify the analytical tests that were performed on the material by checking the applicable box(es). 6. Screening Performed: Indicate any screening tests that were performed in characterizing the material, the type of instrument used, and constituents screened. 7. Estimated Volume of Materials: State the estimated volume in cubic yards and weight in tons of the material intended for transport. If providing another measure of volume, state the unit of measurement. S. Contaminant Source: Indicate the source of contamination found in the material. 9. Supporting Documentation: Indicate the type of supporting documentation included with the Shipping Record. Revised 3/94 5 of i Material Shipping Record Log (Page 5 of form) Make additional copies of this page if you have more than 4 loads. Release Tracking Number: Repeat the Release Tracking Number from the first page of the Material Shipping Record. J. Load Information: Each Log Sheet can record the movement of up to four truck loads of contaminated materials. Transporter: The driver of the truck transporting the material must sign the Log Sheet for the appropriate Load and record the license number of the trailer, date and time of shipment. Receiving Facility Representative: A representative of the receiving facility must sign and date the Log Sheet for the appropriate Load and record the load size of the material in cubic yards or another pertinent measure. K Log Sheet Volume Information Total Loads This Page: State the total volume of material whose delivery to the receiving facility is recorded on the Log Sheet. If you have more than 4 loads, make additional copies of this page. Total Carried Forward: State the total volume of material whose delivery is recorded on prior Log Sheets, i.e., if the current sheet is the third of four, state the combined totals for the first two Log Sheets. Material Shipping Record Total: State the total volume of material transported using the Material Shipping Record, i.e., using the example in Item 60, state the total for all four Log Sheets. This quantity will likely differ from the estimated amount recorded at Item 43. Page Number: Indicate the sheet number and the total number of Log Sheets attached to the Material Shipping Record. Revised 3/94 7 of 7 ATTACHMENT II MONTHLY SUMMARY REPORT OUT-OF-STATE CONTAMINATED SOILS RECEIVED K MONTHLY SUMMARY REPORT OUT—OF—STATE CONTAMINATED SOILS RECEIVED FACILITY NAME: - Page 1 of ADDRESS: CONTACT: PHONE: I I REPORTING MONTH: YEAR: TOTAL QUANTITY: FACILITY TRACKING GENERATOR ADDRESS AMOUNT RECEIVED CONTAMINANTS DATE NUMBER (tons) FACILITY CERTIFICATION STATEMENT '1 certify under penalty of live law tud 1 have personally examined and am familiar with the Information submitted in this document and all attachments and that, based on my Inquiry of those individuals Immediately responsible for obtaining the Intormation,1 believe that the Information Is true,accurate,and complete. 1 am aware that there am significant penalties for submitting false Information,Including possible fines and Imprisonment' Date: Signature: Name Typed: Title: MONTHLY SUMMARY REPORT OUT-OF-STATE CONTAMINATED SOILS RECEIVED FACILITY NAME: Page of REPORTING MONTH: YEAR: FACILITY TRACKING GENERATOR ADDRESS AMOUNT RECEIVED CONTAMINANTS DATE NUMBER (tons) ATTACffi(FNT III READSPACE SCREENING PROCEDURE ATTACHMENT III JAR HEADSPACE ANALYTICAL SCREENING PROCEDURE The following are recommended procedures for conducting analytical screening of gasoline-contaminated soils utilizing a portable Photoionization detector (PSD) or Flame Ionization Detector (FID) : (1) Half-fill two clean glass jars with the sample to be analyzed. Quickly cover each open top with one or two sheets of clean aluminum foil and subsequently apply screw caps to tightly seal the jars . Sixteen ounce (16 oz. ) (approx. 500 ml) soil or "mason" type jars are preferred; jars less than 8 oz. total capacity (approx. 250 ml) , may be used. (2) Allow headspace development for at least 10 minutes . vigorously shake Jars for 15 seconds both at the becinnina and end of the headsoace deveiooment Period. Where ambient temperatures are belcw 32 ( 0 C) , headspace development should be within a heated vehicle or building. (3) subsequently to headspace development, remove screw lid/expose foil seal. Quicklv puncture foil seal with instrument sampling probe, to a point about one-half of the headspace depth. Exercise care to avoid uptake of Water droplets or soil particulates, As an alternative, syringe withdrawal of a headspace sample with subsequent injection to instrument probe cr septum-fitted inlet is acceptable contingent upon verification cf methodclocv accuracy using a test pas standard. (4) Following probe insertion through foil seal and/or =_a*nple injecticn to the probe, record highest meter response as the jar headspace concentration. using foil seal/probe insertion method, max'_^num respc-se should occur between 2 and 5 seconds. Erratic meter response may occur at hich organic vapor concentrations or conditions of elevated headspace moisture, in which case headsoace data should be discounted. (5) The headspace screening data from both jar samples should be recorded and compared, generally, replicate values should be consistent to plus or minus 20%. (6) PTD and =73 field �nstrunents _hall _ gate= =-_ a--*-rated to vield "total crta:;_c vapor_ •P _ (V/V) _?c benzene. i-str'-memr--c �.,e. P=� must be operated with a 10.0 ev (+/-) ia.:,p sour_-. aperat-cn, -,ai..te.. nc= a:"_ calibration shall be performed in acccrdanca -tn t:-e manufacturer,s =eczsications. For Jar headspzce ana}v<_is, -.._ _umen•t ca_ibret_c^ shall be checked/adjusted no less t.`.anonce evert 10 analyses, or ..a-lv, whichever is greater. (7) _nstru.^entation with dicital {LEDJICD} displays may not be able to discern maximum headspace response unless equipped wit:: a -aximum, ;:314" featu_e Cr strip-phare recorder. Deviations, departures and/or additions to the above prccedures should be consistent with 310 C2l_-� 40 .0017 . such cases, -:;e_li-.g t__..-ical justification must be presented apo ...,.._mented ov tnc methocclogy proponent. 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 manufacturer. 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 in compliance with 310 CMR 30. 007 . h. Continuing Duty 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 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 accumulates the 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. 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. 11. 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. Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office William F. Weld Governor Trudy;.Coxe S"rerery,EDEA Thomas B. Powers Ading Commissioner RECYCLING PERMIT Name of Permittee: BARDON TRIMOUNT, INC. Effective Dater 2-17-95 Mailing Address: 1101 TURNPIKE ST. Expiration Date: 2-17-00 STOUGHTON, MA 02072 Contact Person: DAVID PETER Class: A, LEVEL III Telephone Number: (617) 595-0820 Permit Number: NE-93-110 This is to certify that the above named company Is authorized to manage regulated recyclable materials pursuant to Regulation 310 CMR 30.200 and General Laws, Chapter 21 C. This permit authorizes recycling of the following materials only: Material Description EPA Waste Code Amount PETROLEUM CONTAMINATED SOIL MA01 150, 000 TONS/YR Description of Recycling Operations RE-USE OF SOILS CONTAMINATED WITH PETROLEUM PRODUCTS IN AN AMBIENT TEMPERATURE ASPHALT EMULSION STABILIZATION PROCESS FOR THE PRODUCTION OF ASPHALT PRODUCT. Location of Recycling Operations BARDON TRIMOUNT, INC. 30 DANVERS ROAD SALEM, MASSACHUSETTS 01907 MAD001014984 10 Commerce Way • Woburn,Massachusetts 01801 • FAX(617) 932.7615 9 Telephone(617) 932-7600 1 veeO FA 0 JUA. z 1 rtsJ4 'a 1 July 17, 2014 g0A D OF MH 1 John Carrigan, Section Chief Solid Waste Management Section MASSDEP NORTHEAST REGION 1 205B Lowell Street Wilmington, MA 01887 1 RE: Northside Carting, Inc.— Salem Transfer Station Quarterly Compliance Inspection Report 2nd Quarter- 2014 1 Dear Mr. Carrigan: ' On behalf of Northside Carting, Inc. (NCI) and Thomson Brother's Industries, Inc. (TBI), Green Seal Environmental, Inc. (GSE) respectfully submits the enclosed Quarterly Compliance 1 Inspection Report for compliance with the Solid Waste Regulations, 310 CMR 19.000, section 19.207(25) Inspections, promulgated on October 7, 2005 and as their Waste Ban Compliance Plan/revised Authorization to Operate approval dated October 17, 2012. During the site inspection, GSE made the following observations/conclusions and recommendations: 1 1. The site appeared fairly well kept and orderly. Very limited windblown materials were noted on site on the day of inspection. GSE did recommend removal of limited debris 1 where the live floor trailers are filled using a compactor unit. 2. No nuisance conditions (sound, dust or odor)were identified, during the inspection. 3. Three loads (less than 5 cubic yards) of C&D materials were delivered to the facility during the inspection. 1 4. Two loads of brush and leaves/grass clippings from City residents were delivered to the facility at the time of inspection. According to Bill Thomson, the compost currently 1 being stockpile on-site will be processed on-site for the vegetative support layer for the landfill. 1 1 114 State Road,Building B,Sagamore Beach,MA 02562 Phone:(508)888-6034•Fax:(508)888-1506 www.gseenv.com 1 r ' vee0 Esl ' e ' Please refer to the attached compliance inspection form for further details. The next inspection of this facility will occur in October of 2014. rConsiderable site improvements are planned for the Salem Transfer Station pending closeout of legal proceedings with the City of Salem and NCI. Legal proceedings with the SIC were r recently decided and Northside is waiting for the City to allow Northside to proceed for the site improvements. A Modification of a Large Handling Facility application and revised Operation and Maintenance Plan was submitted by NCI and GSE to MassDEP for temporary improvements to the facility. The temporary improvements will allow for all waste tipping and handling to be performed completely under cover. GSE and NCI most recently submitted a third letter request for a 30-day extension on the facility improvements. As required by regulation, the inspections are to be conducted by a registered Professional Engineer, or other Qualified Environmental Professional approved by MassDEP. The resume of the Qualified Environmental Professional that conducted the inspection is attached. rPlease accept this letter and the accompanying report as my certification that to the best of my knowledge all information is accurate and complete. rIf you have any questions,please do not hesitate to call. Sincerely, ' GREEN SEAL ENVIRONMENTAL, INC. C . U > . rGregory C. Wirsen, MSc. Senior Project Manager rAttachments: 1) Compliance Inspection Form 2)Resume of Qualified Environmental Professional 1 CC: Salem BOH (hard copy) ' William Thomson, TBI(hard copy) r r 2 r r r r r ' ATTACHMENT 1 ' COMPLIANCE INSPECTION FORM 1 r 1 r 1 r 1 r r r r r r Veen Est l ' e ' Facility: Northside Carting Inc. (NCI)— Salem Transfer Station. Location: Salem, MA Date: 7/10/2014 Observer(s): Gregory C. Wirsen Owner's Representative/Contact(name/#): William Thomson(978) 686-2020 Time: Start—9:20 PM End—10:15 PM ' Weather Conditions: ❑ clear ® sunny ❑ overcast ® dry ❑ light rain ❑ heavy rain ❑ light snow ❑ heavy snow ' ®calm ❑light wind ❑ strong wind (wind direction: NA,Temp 73�F) Reason for Site Visit: ' ® Routine ❑ Follow-up on previous violation❑ Complaint 19.205: Handling Facility Design Requirements (1) Storm Water Controls. (a) Performance Standard. Storm water controls shall prevent erosion, prevent the discharge of pollutants, protect the physical integrity of the handling facility, and be managed according to applicable ' standards established by the Department including, but not limited to, the wetlands protection regulations at 310 CMR 10.05(6)(b) and the Department's Storm Water Policy. For purposes of meeting the storm water standards established by the Department, recharge shall be permitted at the ' handling facility only where the recharge will not adversely impact the quality of groundwater leaving the site. Peak rate attenuation shall be in accordance with that described in 310 CMR 19.205(1)(b): Design Standards, and source controls and pollution prevention measures (including design of the handling facility) shall be implemented to prevent discharge of pollutants. This standard applies to the construction and operational phases of the handling facility. (b)Design Standards: GSE Comment: Currently the site has minimal paving and stormwater primarily ' infiltrates directly into the ground. On the day of inspection construction and demolition materials in the tipping area were under cover and have limited potential to come into contact with stormwater. Please note that significant facility improvements are planned ' for the facility which is currently being worked out between NCI and the City of Salem. (2) Equipment. (a)The operator shall provide equipment in adequate numbers and of appropriate type and size for the proper operation of the handling facility in accordance with good engineering practice and in compliance with 310 CMR 19.000. All compactor or other processing units shall be in duplicate with ' each unit capable of handling the expected design tons per day; except that only one compactor or processing unit may be satisfactory 1. where the handling facility will handle under 150 tons per day, or 2. where adequate facilities to continue operation and/or an alternate method to handle all incoming refuse in an approved and sanitary manner in the event of a failure or breakdown is provided. (b)The operator shall make provisions for the routine maintenance of equipment to assure satisfactory performance capability for the various operations of the handling facility. 114 State Road,Building B,Sagamore Beach,MA 02562 Phone:(508)888-6034 0 Fax:(508)888-1506 www.gseenv.com ' 1 tee, Est (c) The operator shall provide at the site suitable shelter or protection for all equipment and necessary ' service supplies used in connection with the handling facility. (d) The operator shall make arrangements for providing standby equipment in the event of breakdown of regular equipment. Such standby equipment shall be available for use and shall be provided within 24 hours of breakdown; otherwise the handling facility shallbe closed for receipt of wastes until equipment becomes available. , GSE Comment: The facility is in compliance. (3) Weighing Facilities. '. The operator shall make provision on a continuous basis for the weighing or measuring of refuse delivered to the handling facility. Scales or other measuring devices may be required by the Department as follows: , (a)The operator of existing or new handling facilities receiving 100 tons or more per day shall weigh all incoming solid waste. (b) Operators of handling facilities that receive less than 100 tons per day shall, on a daily basis, ' estimate the total weight and volume of waste delivered based upon the capacity of the vehicles which delivered solid waste to the facility. GSE Comment: The facility is in compliance. ' 19.206: Construction and Demolition (C&D) Waste Processing Facilities Requirements ' (1) All handling (unloading, storage, crushing, shredding, chipping, sorting, etc.) of C&D waste shall occur indoors unless otherwise approved by the Department. (2) All processed C&D waste and recovered or recyclable materials shall be stored in a manner appropriate for that material to protect the public health, safety and the environment. In general all ' processed C&D wastes (i.e. C&D fines), but not necessarily recovered or recyclable materials, shall be stored in covered containers or in covered piles on impervious surfaces. (3) All storm water, or water used for site operations, that comes in contact with C&D materials and ' recovered or recyclable materials shall be controlled and collected and otherwise properly managed in accordance with all applicable local, state and federal requirements prior to discharge offsite. GSE Comment: On the day of inspection C&D materials were stored under cover ' (within the building) and have limited potential to come into contact with stormwater. Currently the tipping of C&D materials is done partially under cover. The planned facility upgrades will provide for all waste handling to be performed completely under ' cover. The facility upgrades are currently on hold between NCI and the City of Salem until specific legal issues (currently in the court system) are closed out. NCI has submitted an Operation Modification application and revised Operation and ' Maintenance Plan for temporary site improvements for all of the waste handling to be performed under cover. GSE and NCI have submitted a third letter request to MassDEP , for a 30 day extension on the site improvements until court decision and City approvals are granted. 2 ' i ' teeO Ed ' e I , 19.207: Handling Facility Operation and Maintenance Requirements (1) General. Operators shall incorporate procedures and practices, in accordance with approved III ' plans and permit conditions, which will prevent pollution of ground water, surface water and air quality and prevent dust, odors, noise and other nuisance conditions from developing. GSE Comment: No nuisance conditions were observed on the day of inspection. No _significant windblown materials were noted on site. No windblown materials were noted off site. (2) Supervision of Operation. (a) The operator of the handling facility shall be under the overall supervision and direction of an engineer or other person qualified and experienced in matters of solid ' waste handling and disposal. Name: Gregory C. Wirsen L ' (b) The operator of the handling facility shall be knowledgeable of the requirements of 310 CMR 16.00 and 310 CMR 19.000, and of the general operating procedures and plans ' as prescribed by the design engineer. (c) The operator shall be required to demonstrate familiarity and capability to operate equipment at the handling facility. GSE Comment: The facility is in compliance. (3) Access to Facilities. ' (a) The operator shall provide and maintain in good repair access roads at the facility. Such access roads shall be paved to minimize dust and designed and constructed so that traffic will flow smoothly and will not be interrupted by inclement weather. ' (b) The operator shall limit access to the facility to such periods of time as an attendant is on duty and to those persons authorized to use the facility for the disposal of refuse. GSE Comment: The facility is in compliance. The paved surfaces were observed to be in reasonably fair condition with no signs of significant damage, ponding water, etc. (4) Security. ' (a) The operator shall provide sufficient fences or other barriers to prevent access to the facility except at designated points of entry or exit. (b) A gate shall be provided at all access points and shall be locked at all times when the ' operator or his agent is not on site or during hours when the facility is not operating. GSE Comment: The facility is in compliance. t ' 3 *ee# , Fs t e , (5) Posting of the Handling Facility. ' The operator of a handling facility shall post signs at all access points to the facility which, at minimum, includes the following information: (a)the name(s)of the owner and operator of the facility; ' (b) a 24-hour emergency telephone number for the facility; (c) the hours of operation; (d) a list of solid wastes banned or restricted pursuant to 310 CMR 19.017; ' (e) other limitations and conditions of access to the facility; and (f)where established by the municipality, penalties for unauthorized use. GSE Comment: The facility is in compliance. ' (6) Unloading Refuse. , The operator shall provide for continuous supervised unloading of refuse from incoming vehicles and shall post appropriate signs or other means to indicate clearly where incoming vehicles are to unload the refuse by direction of the attendant or equipment operator on duty. GSE Comment: The facility is in compliance. ' (7) Special Wastes. ' No solid waste that has been classified as a special waste pursuant to 310 CMR 19.061(2): Special Waste, shall be received or handled at any handling facility unless the provisions of 310 CMR 19.061 are satisfied and the special waste is handled in accordance with any conditions specified by the Department in granting approval to handle the special waste and in accordance with the handling ' provisions of 310 CMR 19.061. Classification of Special Wastes. A solid waste is classified as a special waste if: (a)the waste is a special waste listed in 310 CMR 19.061(3); or ' (b) the waste will require special management to ensure protection of public health, safety or the environment based upon the physical, biological, or chemical properties of the waste. (3) Listed Special Wastes. Solid wastes that the Department has classified as listed special wastes include: (a) asbestos waste; (b) infectious wastes, except as specified in 310 CMR 19.061(6)(c)4.; (c) ' sludges, including but not limited to wastewater treatment sludges, drinking water treatment sludges and industrial process wastewater treatment sludges. GSE Comment: The facility is in compliance. (8) Banned or Restricted Solid Wastes. Solid wastes which have been banned or restricted from transfer or disposal pursuant to 310 CMR ' 19.017: Waste Bans, shall be managed at a handling facility in accordance with the approved facility plan prepared and approved in accordance with 310 CMR 19.017(5)unless an exception has been granted under 310 CMR 19.017(6). , Note: Review facility specific Waste Ban Compliance Plan GSE Comment: The facility is in compliance. Per the NCI Waste Ban, all C&D ' materials (excluding source separated ABC and brush) are transferred to TBI North Andover for further processing and recycling. 4 , ' Vee,, Ed I ' e (9) Hazardous Waste. (a) No operator shall handle any material subject to the Hazardous Waste Regulations, 310 CMR 30.000, at a solid waste handling facility permitted pursuant to M.G.L. c. 111, § 150A, except that waste oil and household hazardous waste may be collected at a facility pursuant to 310 CMR 19.207(10). (b) The operator shall implement a program, approved by the Department, for detection and exclusion of hazardous wastes. ' (c) The operator shall, within 24 hours, notify the Department and the board of health of the discovery of any material subject to 310 CMR 30.000: Hazardous Waste. GSE Comment: The facility is in compliance. (10) Household Hazardous Waste and Waste Oil Collections at Handling ' Facilities. If household hazardous waste and waste oil are collected at handling facilities, the household hazardous waste and/or waste oil shall be collected with prior notice to DEP and in compliance with ' either: (a) 310 CMR 30.392: Events for the Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by Very Small Quantity Generators, or b)310 CMR 30.393: Centers for the Accumulation of Hazardous Waste Generated by Households and/or Very Small Quantity Generators. Note: If waste oil is collected, the facility registration, storage area labeling and shipping records should be checked. GSE Comment: Not applicable. ' (11) Bulky Waste. (a)An operator may accept bulky wastes where: 1. the handling of such wastes is consistent with the facility's site assignment and/or permit; and I! , 2. the handling of such wastes can be carried out in a manner which is manageable and compatible with the facility's operation and maintenance plan and environmental control systems. (b) The Department may disallow or place conditions on the handling of bulky waste at a handling facility in order to protect the engineering or operational integrity of the facility. (c)The board of health may, by regulation, specify the maximum size of large, heavy, or bulky items to be managed at the handling facility and may prohibit altogether the handling of certain items. GSE Comment: The facility is in compliance. ' (d) If brush is accepted at the handling facility, provisions should be made for the brush to be received in bundles no larger in size than can be handled in an acceptable and sanitary manner by the specific equipment. Brush should not be allowed to accumulate beyond 48 hours after deposition at the handling facility. ' 5 veep t ESL Description of status of brush collection area, if any. GSE Comment: The brush area was observed neat and orderly on the day of inspection with no nuisance conditions noted. A stockpile of yard waste was ' noted at the rear portion of the property which is slated to be processed on-site and used for the landfill closure. (12) Liquid Wastes. ' (a) No liquid wastes shall be managed at a handling facility. With the exception of septage, contained liquid wastes generated by and produced in the normal operation of a household shall not be , considered to be liquid wastes unless expressly excluded through 310 CMR 19.017: Waste Bans. (b) For the purpose of 310 CMR 19.130 liquid wastes means any material that drains freely or contains free draining liquids, as determined by using the Paint Filter Liquids Test, Method 9095 as described in USEPA Publication SW-846. t GSE Comment: The facility is in compliance. (13) Bird Hazards. t The operator of facilities located in proximity to airports shall operate and maintain the facility in such manner as to minimize, to the extent practicable, the potential for the facility to pose a bird hazard to , aircraft. GSE Comment: The facility is in compliance. (14) Dust Control. 1 The operator shall undertake suitable measures to control dust wherever and whenever necessary at the site, the access road, and any other areas related to or under control of the waste handling facility ' operator to prevent nuisance conditions. Water shall not be used for dust control in amounts that produce excessive infiltration, ponding, runoff or erosion. GSE Comment: The facility is in compliance. No nuisance conditions were , noted on the day of inspection. (15 Vector Control. a) The operator shall cause routine waste handling facility operations to be carried out promptly in a r systematic manner and shall take preventative measures to maintain conditions unfavorable for the attraction or production of insects, birds, rodents and other vectors. , (b) The Department may require a routine program for the control and elimination of insects and rodents and other vectors at the handling facility site. The operator shall cause supplemental control measures, including but not limited to the use of effective insecticides and rodenticides, to be implemented when necessary. , (c) The application of pesticides shall be made only by a pesticide operator licensed by the Massachusetts Pesticide Board. GSE Comment: The facility is in compliance. ' 6 ' 1 1 teen Ful i ' (16) Control of Wind-blown Litter. (a)The operator shall take measures to prevent the scattering of refuse and wind-blown litter, including incorporating litter fencing, natural barriers or other devices to prevent the scattering of solid waste ' beyond the facility. (b) The operator shall provide for routine maintenance and general cleanliness of the entire handling facility area. Such provisions are to be detailed on the engineering plans or written operating ' procedures. GSE Comment: The facility is in compliance. No significant windblown materials ' were observed on site on the day of inspection. No windblown materials were noted off site. (17) Staffing. ' (a)The operator shall provide an adequate number of trained staff to ensure that the facility is operated and maintained as designed and in accordance with good solid waste management practices. (b) During hours of operation the operator shall be continuously present at the handling facility. ' GSE Comment: The facility is in compliance. (18) Employee Facilities. (a) The operator shall provide proper shelter and facilities for employees working at the facility. The shelter and facilities shall contain: 1. sufficient light and heat; ' 2. a safe drinking water supply; 3. sanitary hand washing and toilet facilities; 4. an operational telephone or two-way radio system; and ' 5. other equipment or appurtenances necessary for full compliance with federal and state worker health and safety requirements. GSE Comment: The facility is in compliance. (19) Accident Prevention and Safety. (a) All employees shall be instructed in the principles of first-aid and safety and in the specific operational procedure necessary to prevent accidents. (b)The operator shall provide and maintain adequate first-aid supplies at the site at all times. (c) The operator shall provide for two-way radios or telephones and ensure that the numbers for emergency medical care and ambulances are posted at the site. ' GSE Comment: The facility is in compliance. (20) Fire Protection. ' The operator shall take suitable measures for the prevention and control of fires at the facility by complying with at least the following: (a) Make available at the facility an adequate supply of water under pressure with sufficient fire hose, unless a fully-manned fire station is located within two miles; (b) A separate area shall be provided, located away from combustible materials, refuse and buildings, for quick dumping and quenching or snuffing of hot loads; (c)Arrange for a nearby fire department to provide emergency service whenever called; 7 ceea Etl � l (d) Mount detachable fire extinguishers, maintained in working order, on all equipment and in all , buildings. (e) The operator shall ensure that no materials are stored, held, maintained or placed at a handling ' facility in such a manner as to pose a fire hazard. (f) The operator shall be responsible for seeking fire-fighting assistance, initiating and providing assistance and/or resources for fire-fighting actions until all smoldering, smoking and burning cease. GSE Comment: The facility is in compliance. A Fire station is located within 2 ' miles of the facility (21) Recycling Operations. , (a) The operator may make provisions for the recycling of materials provided that a definite plan of procedure is implemented and followed to enable said operation to be carried out in an organized, sanitary, orderly and dependable manner with minimal interference to the routine handling facility t operations. (b)Any container, or specially designed enclosed area, used for the storage of recyclable materialsas such lass cans paper, I ( g , p pe , etc) shall be clearly identified and maintained in a clean and ' sanitary condition and the surrounding areas shall be kept in a similar condition. (c)All accumulated recyclable materials shall be removed from the facility at least every 60 days and/or at such other times as may be specified by the Department. (d) Recyclable materials of a nature or in quantities that cause odor or pose a threat to the public health or are detrimental to the environment or the surrounding area shall not be accumulated. GSE Comment: The facility is in compliance. (22) Records for Operational and Plan Execution. ' (a)The operator shall maintain a daily log to record operational information, including but not limited to ' the type and quantity of solid waste received and the status of all environmental control or monitoring systems. (b) The operator shall submit to the Department, no later than February 15 of each calendar year, an annual report summarizing the facility's operations for the previous calendar year. — see regulations for ' details GSE Comment: The facility is in compliance. (23) Screening and/or Fencing. The Department may require that the handling facility be suitably screened by fencing, or other , approved methods, to shield the area from adjoining properties. GSE Comment: The facility is in compliance. (24) Open Burning. , No open burning of any refuse, including brush, wood or diseased trees shall be permitted at the handling facility site at any time of the year except as may be expressly permitted by the Department ' pursuant to 310 CMR 7.07: U Open Burning. GSE Comment: The facility is in compliance. No burning occurs on site. ' 8 ' ' tee0 F9. l (25) Inspections. (a) The facility shall be inspected by a Massachusetts registered professional engineer, or other qualified professional approved by the Department, experienced in solid waste management, and ' retained by the owner/operator, on a frequency as approved by the Department in the Operation and Maintenance Plan. See regulations for report details. ' GSE Comment: The facility is in compliance. Please see the attached resume(s) for the Qualified Environmental Professional credentials. 19.203: Additional Requirements Nothing in 310 CMR 19.000 shall be construed to limit the Department from determining on a facility or site specific basis that additional design or operation and maintenance components are required where ' conditions warrant such additional design or operation and maintenance measures to protect public health, safety and the environment or to mitigate potential adverse impacts. When deemed necessary by the Department, in response to conditions that have developed at a facility, the Department may require a facility to monitor air and/or surface or ground water to determine if the conditions present a ' threat to public health, safety or the environment. GSE Comment: The facility is in compliance. ' Conclusion: It is GSE's opinion based on visual evidence, interviews and a review of the applicable documentation that identifies compliance related conditions that NCI is currently operating in substantial compliance. As noted above, considerable site improvements are planned pending closeout of legal proceedings with the City of Salem and NCI. NCI has submitted an Operation Modification application and revised Operation and Maintenance Plan for temporary site improvements for all of the waste handling to be performed under cover. Most recently, GSE and NCI have submitted a letter request to MassDEP for a 30 day extension. 9 1 Yee, ' Es t I 1 Certification Statement r I, Gregory C. Wirsen, certify to the best of my knowledge that all of the information contained herein is , accurate and complete and best reflects site conditions observed at the time and date of the inspection. Additionally, I certify that the inspection conducted was in compliance with the revised Solid Waste Regulations, 310 CMR 19.000, section 19.207(25) Inspections, promulgated on October 7, 2005. r July 11, 2014 r Gregory C. Wirsen, Date Senior Project Manager Green Seal Environmental, Inc. 1 r 1 r r r 10 ' ' ATTACHMENT ' QUALIFIED ENVIRONMENTAL PROFESSIONAL RESUME 1 ' eek 1 1 Gregory C. Wirsen, MSc Principal 1 Qualifications: • MSc, Resource Management and Administration,Antioch University, 1995 BA, Interdisciplinary Law& Legal Studies, Westfield State College, 1991 1 Registrations& • OSHA 29 CFR 1910.120-40-Hour HAZWOPER Certifications: • Massachusetts Certified Asbestos Inspector License#40102 1 • OSHA 10-Hour Construction Safety& Health Training S.W.A.N.A. Construction and Demolition Debris Manager MA Licensed Construction Supervisor Affiliations: • Construction Material Recycling Association, New England Director & Faculty National Solid Wastes Management Association, Member 1 • Solid Waste Association of North America, Member • Society of Military Engineers, Member ' Mr. Wirsen has over twenty years of experience with renewable energy, solid waste permitting and environmentally sensitive projects. As a Principal of Green Seal Environmental, Mr. Wirsen is currently 1 involved with the development of several solar related projects from facility assessment to construction. Additionally, Mr. Wirsen has prepared numerous solid waste permit applications for modifying, constructing, and operating solid waste facilities and has authored reports for the permitting and the beneficial reuse of a 1 multitude of waste derived products. Mr. Wirsen has extensive experience with: health and safety policy and program development/implementation, hydrogeologic investigations, hazardous material response actions, release investigations, site assessments, and has also performed construction oversight and 1 maintenance on various types of remediation systems. SOLID WASTE FACILITY EXPERIENCE 1 P Shawmut Associates, LLC, Rochester, MA. Mr. Wirsen was the acting project manager for the development of a state-of-the art construction and demolition debris (C&D) processing facility including the largest roof top solar application in the Town of Rochester. Project tasks included direct oversight ' of all phases of local (BOH, Building, Planning, Conservation), State(MassDEP, EEOEA, MA highway), and federal (NPDES) permitting activities. Tasks also included construction oversight, startup and shakedown, and the development of all health and safety related policies and procedures. 1 0 Stoughton Landfill, Stoughton, MA. Mr. Wirsen is the project principal for to various activates at the Stoughton Municipal Landfill. For the past 4 years, Mr. Wirsen has overseen the design and permitting 1 for the operations, expansion and closure of the landfill. Most recently, Mr. Wirsen was asked to develop the post closure use and design for the installation of solar arrays as a finical benefit for the Town of Stoughton. 1 1 cee� Et r United Waste Management, Inc., Holyoke, MA. Mr. Wirsen is the lead , project manager for this 750 TPD solid waste handling facility with a rail component. Mr. Wirsen was responsible for all MEPA, MassDEP, and City filings. The project has included assessing multiple ' medias including air, ground and surface water as well as assessing traffic, safety, community benefits/infrastructure, etc. This project has involved local politicians, citizens groups and received a waiver from the Commissioner of the MassDEP. GSE is currently finalizing the local permits for ' construction. o Trojan Recycling, Inc., Brockton, MA. Mr. Wirsen is the lead project manager for this 500 TPD solid ' waste handling facility with a rail component. Mr. Wirsen was responsible for all MEPA, MassDEP, and City filings. The project has included assessing multiple medias as well as assessing traffic, safety, community benefits/infrastructure, etc. This project has involved local politicians, citizens groups and ' received a variance from the MassDEP. Mr. Wirsen has overseen and prepared numerous permit modifications for the facility so that they can process C&D on-site and remain compliant with the Massachusetts Waste Ban (310 CMR 19.017). r Daniels Recycling Company, Inc., Orleans, MA. Mr. Wirsen was the acting solid waste expert that ' provided significant technical input on the permitting, design and subsequent operation of the facility. The facility, when it was constructed, was permitted to recycle 50 tons per day of C&D and 40 tons per , day of wood waste. Mr. Wirsen provided technical testimony during the Cape Cod Commission and Orleans Board of Health hearings. r S&J Exco, Inc. - South Dennis, MA. Mr. Wirsen was the acting project manager for the development , of a 140 ton per day solid waste transfer station and a 100 ton per day Wood Waste Reclamation Facility (WWRF). In addition, the facility was permitted to receive and recycle asphalt brick and ' concrete under a MassDEP Determination of Needs permit approval process. Project tasks included the preparation of all permit applications (local and state) for the development and subsequent operations of the facility. o Multiple facilities — Massachusetts & Rhode Island. Mr. Wirsen has been responsible for solid ' waste facility modifications for facilities located in Taunton, Raynham,Ware, Orleans, Dennis, Brockton, New Bedford, Stoughton, Sandwich, Southbridge, North Andover, Holyoke, Brewster, Chatham, ' Harwich, Roxbury, and East Providence. Expansions have consisted of either increasing the allowable daily tonnage or changing the type of waste that is allowed to be accepted/processed/handled at the facility. Modifications have consisted of full scale state-of-the-art facility development (e.g. New , England Recycling, Inc. of Taunton, MA — featured in national trade magazines as a leader in the recycling industry and mixed C&D Recycler of the Year for 2009), processing line modifications, building and/or infrastructure construction, upgrades to increase throughput or to create controls to , enhance environmental protection of multiple medias (soil, groundwater, surface water and air). Many of the modifications required multiple permits through local and state agencies and in some instances (e.g. NPDES Construction and Multi-sector General Permits) from US EPA. Modifications have also ' included converting wood waste landfills into WWRF's pursuant to MassDEP policy and regulation. Mr. Wirsen has been responsible for the development of four fully permitted/operational WWRF's in Massachusetts. tee0 Et P Solid Waste Facility Monitoring and Compliance. Mr. Wirsen is responsible for all solid waste ' compliance services that GSE provides. Services are rendered on a monthly and quarterly basis for many active solid waste management facilities in Massachusetts, New Hampshire, Rhode Island and Connecticut. Compliance services include facility inspections; permit compliance associated with beneficial use determinations (reporting, material sampling for chemical and physical properties, etc.); in-situ monitoring/screening (e.g. landfill gas and leachate monitoring); and, Third Party Audits based on operational permit requirements. Clients include: - New Bedford Waste Services, LLC(multiple sites) - Waste Management(multiple sites) ' - Stoughton Landfill(closure&demonstration project) - Stoughton Recycling Technologies, Stoughton, MA 1 - New England Recycling, Inc., Taunton, MA ERRCO, Inc., Epping, NH - LL&S, Inc., Salem, NH - S&J Exco, Inc., S. Dennis, MA E.L. Harvey&Sons, Inc., Westborough, MA - Thompson Brothers Industries, Inc., North Andover, MA - Daniels Recycling, Inc., South Dennis, MA United Waste Management of NE, LLC, Roxbury, MA - Devens Recycling Center, Devens, MA ' - Trojan Recycling, Inc., Brockton, MA - Town of Mashpee, Mashpee, MA - Robert B. Our Company, Inc. Harwich, MA BENEFICIAL USE DETERMINATION EXPERIENCE ' o Beneficial Use Determinations (BUDS). BUDs have been approved for multiple facilities in Massachusetts, New York, Rhode Island, New Hampshire and Connecticut. All of the beneficial use determinations (well over 50) have been prepared for reusing construction and demolition debris materials for: - Alternative daily cover(fines) ' - Landfill pre-capping material(fines and residuals) Shaping and grading material(fines and residuals) - Roadway stabilization(aggregates, fines and residuals) - Internal stormwater controls(aggregates) Erosion control for reduction of storm water velocity and siltation (aggregates) - Leachate and landfill gas pipe landfill gas drainage layer material(aggregates) vee& Bi Wood mulch and mulch amendments(C&D wood and cranberry waste) Sound attenuation barriers(C&D materials, dredge spoils, aggregates) Solid fill(C&D materials, dredge spoils, aggregates) ' Roadway sub grade(asphalt shingles) r Rochester, MA. Mr. Wirsen prepared a restricted BUD for the reuse of recycled aggregated in the , construction of a visual barrier and sound attenuation berm. The project allowed approximately 10,000 tons of material to be beneficially reused at the subject site. o S. Dennis, MA. Mr. Wirsen prepared a restricted BUD for the reuse of dredge spoils as a weekly ' firebreak at a WWRF. By permitting this use the supplier of the dredge spoils realized significant savings versus conventional disposal and the user of the material realized savings associated with acquiring virgin soils. ' 0 Lakeville, MA. A restricted use beneficial use determination was approved by the MassDEP for reusing soils and waste material for vegetative support purposes at landfills in Massachusetts. The material, which consisted of C&D derived waste, horse manure and natural soils that were subsequently processed to yield over 20,000 tons of a highly organic growth media. By assessing the material through conventional laboratory analyses and coupling the assessment with a risk , assessment, the client was able to save well over$1,000,000 in disposal costs. P Fall River MA. Obtaining a restricted use BUD for the reuse of 60,000 tons of mildly impacted ' aggregate material for on-site reuse. Net savings are well into the millions when compared to conventional disposal. Middleboro, MA — Ocean Spray Cranberries. GSE was able to obtain an unrestricted BUD for the ' reuse of cranberry pomace for a multitude of uses including: a mulch bulking agent, an amendment to finished compost, and as a growth medium for various greenhouse applications. r Multiple facilities—Massachusetts. GSE was initially retained by ten separate solid waste facilities to , assess whether C&D derived "clean'wood could be extracted from the waste stream and be utilized in various unrestricted (e.g. residential setting) land-applied applications. This permitting process ' statistically compared the chemical and physical characteristic of linier lumber to virgin coniferous and deciduous materials. After multiple studies, GSE was able to obtain the first BUD of its type on Massachusetts for five solid waste facilities. Currently, solid waste facilities are able to recycle this ' wood into recyclable products. o Private Client. Received an unrestricted use BUD to utilized mildly impacted catch basin cleaning as an organic supplement and bulking agent to leaf and yard waste compost. Process has been ' successful and implemented now for over 5-years. i Private Client. Received an unrestricted BUD for the reuse of post-consumer shingles for sub base ' aggregate and hot mix bituminous concrete. r r geed rhL rHAZARDS WASTE SITE INVESTIGATIONS AND REMEDIAL ACTIONS r 0 Private Client, Springfield, MA. Mr. Wirsen was involved with conducting assessment and field activities to determine many of the on-site impacts associated with the Brownfield site. The assessment identified that the site was impacted with heavy metals, petroleum hydrocarbons and r PCB's within the soil and groundwater. This site was proposed to be remediated and developed into a solid waste facility. GSE was commended by the Pioneer Regional Valley Planning Authority for our effort in trying to redevelop an impacted and unutilized property r Private Client, Taunton, MA. Mr. Wirsen was the project manager for a release of gasoline into soils and perched groundwater. The release was identified during the construction of a restaurant and was due to a buried UST from a gasoline station that operated in the 1930's. By rapidly mobilizing to the r site, coordinating subcontractors (e.g. vacuum truck, excavators, laborers, etc.), GSE was able to remove the contaminated soil, impacted groundwater and receive laboratory results within 72-hours, which resulted in no significant lost time for the ongoing construction activities. ro Private Client, Raynham, MA. Mr. Wirsen was the acting project manager for a release of petroleum product and solvents that were found within unidentified leaching pits that were uncovered during the ' expansion of a their automobile dealership. Within 72-hours Mr. Wirsen was able to obtain MassDEP approval to remove over 750 tons of impacted soils and confirm that no further removal/remedial activities were required. The GSE team was commended by the client for prompt service and activities, which resulted in only minor construction delays. i Residential Dwelling, Osterville, MA. Mr. Wirsen was the project manager and construction supervisor for a fuel oil release in an earthen floor basement. Remedial activities required hand digging and vacuum truck removal of soils within very confined areas. Also, based on the age of the structure (registered with the local historical society), significant structural variables (e.g. stone foundation) restricted/hampered the soil removal activities. Based on this GSE supported/lifted the entire structure r onto support beams, removed the soils and poured a new supporting foundation. GSE was able to successfully bring the site to closure while satisfying the historical society and Massachusetts State Building Code. ro Private Client, Nantucket, MA. Mr. Wirsen was the project coordinator for a chlordane pesticide release at a large-scale private development on Nantucket. Mr. Wirsen was responsible for assessing r the vertical and horizontal extent of impacts (soils, groundwater and adjacent wetland areas) and subsequent removal actions. This project required critical planning/coordination to remove and transport the material off island and shipped to a final destination in Canada. 1 r r ceeo 1 Et ENVIRONMENTAL PROPERTY AUDITS&ASSESSMENT P New England. Mr. Wirsen has acted as project manager on hundreds of environmental site assessments in New England for local and regional financial institution and private clients. ' Assessments have included limited asbestos surveys, soil and groundwater sampling, historical research, utilizing ground penetrating radar and other ancillary task to identify and quantify if a ' particular site has been impacted by oils and/or hazardous materials. Prior to GSE, Mr. Wirsen also performed environmental assessment for large property portfolios a landfills seeking closure. WASTE MATERIAL MANAGEMENT r New York (Army Corps of Engineers— Ultimate Beneficiary). Mr. Wirsen provided a cost effective strategy for recycling of demolition material generated during the demolition of multiple structures at a ' former military base undergoing Base Realignment and Closure (BRAC). The work involved coordination, management and recycling of mixed scrap steel (include steel from a large aboveground tank) generated at an off shore location and recycling of the scrap metal at a shore based recycling , facility. Through significant coordination efforts, in an economy where metal pricing had plummeted, Mr. Wirsen was able to procure the proper equipment and manpower to successfully complete the project, which resulted in positive revenue for the client based on the net proceeds from the ' recyclables. P Mr. Wirsen has been the project manager for dozens of projects that have waste management components. Through his significant industry knowledge, Mr. Wirsen has been able save our clients significant revenues by having in depth knowledge of current recycling and diversion opportunities. STUDIES AND RESEARCH ' P Connecticut—(private client). Mr. Wirsen is currently retained to provide support for the development and subsequent operation of one of the largest state-of-the-art biomass plants in New England. As part ' of GSE's service, we provide consulting regarding fuels shed, sampling, fuel quality and over fuel supplier data. r Massachusetts — (private client). Mr. Wirsen was retained by a large scale utility to assess and ' characterize fuel for a proposed plasma gasification facility. Tasks included the collection, preparation, and chemical and physical characterization of multiple fuel samples. P Ohio (Ohio DNR/EPA—ultimate client). GSE was retained to identify all the available wood supplies and types within the State of Ohio. In addition to researching vast amount of readily available information, GSE performed waste characterization studies in three distinct geographical areas in Ohio. , At the end of the project, GSE presented to the state and many stakeholders. IeeO t � OTHER EXPERIENCE P New Bedford, MA — Ze-Gen, Inc. Mr. Wirsen was the construction supervisor of record for the pilot waste gasification plant. This pilot plant was constructed to study the potential for low emission waste conversion into hydrogen and energy. The pilot plant cost several million dollars to construct and will operate into 2009. P Multiple Solid Waste Facilities. Mr.Wirsen has provided construction oversight to multiple solid waste facilities including ABC&D Inc., S&J Exco, Inc., Rochester Environmental Park, Trojan Recycling, New England Recycling, and Stoughton Recycling Technologies. Oversight has included management of subcontractors, providing specifications, maintaining permit approval compliance (e.g. MA Wetland Protection Act or MassDEP Authorization to Construct [ATC]) and documentation for controlled ' construction scenarios. P Massachusetts Military Reservation. Mr. Wirsen provided construction/health and safety oversight for the tri-town potable water connections, which resulted in 8-month of continuous oversight using several GSE staff members. GSE was acknowledged for providing quality service and "zero incident" performance while performing its duties. P New England — (private client). Mr. Wirsen was the project manager and lead for conducting a fuel- shed analysis for New England and New York. The basis of the study was to determine the amount of C&D derived biomass that could be generated within distinct geographical areas. By performing this study. GSE was able to recommend potential locations for energy facility siting, the size of the facility (mW) based on the availability of fuel and general economics of what the market would yield for the fuel. This information was then used by the client to obtain fuel commitments, which were an integral part of financing a project of this magnitude. P North Carolina, South Carolina and Florida —(private client). Mr. Wirsen was the project manager ' and lead for conducting a fuel-shed analysis within the above referenced states. As with the study conducted in New England, the basis of the study was to determine the amount of C&D derived biomass that could be generated within distinct geographical areas. By performing this study, GSE was ' able to recommend potential locations for energy facility siting, the size of the facility (mW) based on the availability of fuel and general economics of what the market would yield for the fuel. r Multiple Sites—(private clients). Mr. Wirsen has been the project lead on assessing at the viability of siting solid waste facilities throughout New England. By assessing for viability (state and local siting criterion) prior to performing surveying and hard engineering/design, GSE has been able to determine the likelihood of permitability. By performing these service, GSE has saved the client tens of thousands ' of dollars. Also Mr. Wirsen has been the lead on development pro-formas and business plans to ensure that large scale developments are viable from an economic perspective. ' r Salem, New Hampshire (private client). GSE was the project lead on studying the physical and chemical characteristics of C&D derived biomass to assess how it may be a "certified waste derived product". Also, Mr. Wirsen performed a macro-scale demonstration project on C&D derived fines to teed ' � 1 determine how to reduce the potential for the generation of hydrogen sulfide gas in a landfill ' environment. PRESENTATIONS ' Mr. Wirsen has significant experience with the public involvement/participation process and has been able to be the lead on a multitude of high profile and/or contentious projects. As a lead, it has been Mr. Wirsen's ' responsibility to ensure that projects with a public/community involvement are orchestrated in a fashion so that our clients have the ability to properly and effectively communicate their plans/intentions. By doing so, the public is properly educated to a degree that allows them to fully understand the development and/or action, which helps lead to a successful project. Mr. Wirsen has been a guest lecturer/speaker on at least 40 occasions to audiences ranging from a few to several hundred. Mr. Wirsen has always received exceptional feedback with respect to his presentation , and communication abilities. Mr. Wirsen is active on many MassDEP sponsored committees and was the chair of the C&D Processing Subcommittee. Mr. Wirsen is the acting New England Director of the Construction Materials Recycling Association and was asked by the former MassDEP Commissioner to represent the CMRA at the MassDEP Solid Waste Advisory Committee (SWAC) meetings and has been an active participant since 2001. PUBLICATIONS o Construction Materials Recycler (May 21, 1999) "Composition Study on Incoming C&D at Recycling Plant", o Construction & Demolition Recycling (May/June, 2004)"A Fine Idea" ' o Construction & Demolition Recycling (May/June, 2005)"A Fines Idea- Mixed C&D Processing Focus"