MEETING PACKET OCTOBER 2009 • • • ea 11 •
t
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4T"FLOOR
TEL. (978)741-1:800
KIMBERLEY DRISCOLL FAx(978)745-0343 -280Q OCT —8 P 12: I l
MAYOR ucnrrrn3Aumg—,;Ai_r7M.(,.oM
FILE
DAvII)GRFFNHAUM CITY CLERK. SALEM,MASS.
ACIINC,HF-Mal-I AGRNT
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
on Tuesday, October 13, 2009 at 7:00 PM at City Hall Annex,Room 311,
120 Washington Street
MEETING AGENDA
1. Call to order
2. Approval of Minutes - September 15, 2009
3. Chairperson Announcements
4. Monthly Re orts/U dates �.
• Administrative Report-
• Acting Health Agent Report .
Public Health Nurse Report
• City Council Liaison Updates
5. Old Business 0
• Tattoo and Body Art Report
• Health Agent Position
Cd
6. New Business
• Transfer Station Site Visits E
• Public Hearing Date&Protocols
7. Miscellaneous
8. Adlournment
3
Ahvideenbaunt-, �
Acting Health Agent
Next regularly scheduled meeting is November 10, 2009 at 7pm at City Hall Annex,
�• Room 311,120 Washington Street, Salem.
cc. Mayor Kimberley Driscoll, Board of Health, City Councilors
Draft
Minutes of the Meeting
Salem Board of Health
September 15, 2009
Members present: Marc Salinas Vice Chair, Gayle Sullivan, Barbara Poremba,Noreen Casey, Larissa Lucas
Members absent: Martin Fair
Others present: David Greenbaum, Acting Health Agent, Councillor Steven Pinto, Liaison&Tracy Giarla,
Health Nurse
Marc Salinas calls meeting to order at 7:OOpm
1. Presentation by David Murphy & Atty Ken Whittaker
David Murphy gives his presentation to the board about the transfer station contract. He describes the parcel of
land where the transfer station will be. He explains to the board that there are many steps that need to be taken
before the board can approve the contract. These steps have been completed.
Below is a list of concerns that the board should be aware of before approval.
1. Size of Faculty
2. Noise
3. Odor
4. Design issues
5. Traffic
06. Air quality
7. Health impact
After the board approves the contract the owners, North Side Carting, must go before the city council for final
approval from the city.
Atty. Ken Whittaker describing what authority the Board of Health has over approving this contact. He also
talks about what jurisdiction the board has and the need to make decisions within reason. The Board can also
make negotiations with North Side Carting about the contact such as; the tonnage that the site can hold. Atty
Whittaker offers to help us with the public hearing process by offering to be the public hearing officer for the
transfer station hearing.
Board members discuss dates for site visits to Salem and to the Reading transfer station. The board recommends
the site visits be open to the public.
*There is a motion on the table to vote for a public hearing officer. The board members are interested in having
Atty. Ken Whittakers as the public hearing officer pending compensation.
*There is a motion to continue the matter of voting on a hearing officer so more information about
compensation can be given to the Board.
Vote results 3 in favor 4 not in favor *Motion defeated
,&A motion to nominate Atty Whittaker as Hearing Officer is open for discussion.
A question of cost is bought to the Board's attention again.
that Janet Mancini and he have been in contact with the Department of Public Health to go over this matter and
that have be misinformed. The sales of dog treats do not have to be permitted by the Board of Health.
Although they do need a license from the Department of Agriculture to make dog/animal treats if they are being
40made out of a home kitchen. He also explains that this issue was taken care of internally weeks before this was
published in the Salem Evening News.
*Motion to adjourn the meeting
All in favor
Meeting adjourned
Minutes submitted by,
Heather Lyons
Clerk of the Board
•
BOH Chairperson Announcements 10/13/09
•
1. Special welcome and introductions to new member,lfernith Luster
2. Rewgnitkm of outgoing chairperson/nwniber,Paulette Pulm
3. Role of Chairperson
• if you voted-for me,f thank you for your support and if you did not,L thank you for
the-support f will need from.you:and pledge to provide my support-to you.
• f hopeto-refocus-and redirect our work to better fulftll the mission and meek the
objectives orf the$OH(see attached).
• The-role of chairperson in.metings-k primariLy that of facilitator to maintain.Bess
in conducting tim busirxm of the board.
e, As this is not a-legislatwe-body, f will use RoberVs-RulesofOrderto enable fungtion
and will fallow-informal procedure,with modification_a. needed.
• F will reservo my vote for those cases where vote is by ballot or is required to reach a
result(as in a tie).
4. Clarifrcationr of Procedures and Protocols(see attached}
• Conduct of meeting
• Minutes of meetings-
• • Site visits
Sub-committees vs. work assigmnents-
• Role of liaison
Administration Monthly Report
September-09
Burial Permits @$25.00 $1,075.00
Permits $1,230.00
Certificate of Fitness@$50.00 $3,750.00
Copies $0.00
Fines= $0.00
Total Monies Collected = $6,055.00
Animal Bites Reported= 1
Annual Budget Expended Available Balance
Salary/Longevity $356,823.00 $67,792.96 $280,585.24
Annual Budget
Non-Personnel $21,200.00 $899.92 $11,855.28
0 0
NOTICE OF VACANCY
PLEASE POST
TITLE: Health Agent
DEPARTMENT: Board of Health, City of Salem
POSITION STATUS: Interim, non-union, management position not to exceed one year
REPORTS TO: Board of Health Chairperson and Members
SALARY: $42,643.58 - $65,000.00
DUTIES:
Works under the supervision of the Board of Health (BOH) and in cooperation and conjunction with the
Mayor.
Exercises administrative and technical supervision over all BOH employees, directing all activities of the
department in accordance with the policy of the BOH, the Massachusetts Department of Public Health,
and Public Health law and codes.
Carries out the policies established by the BOH, having full authority to issue orders on its' behalf.
Plans, directs, and administers a variety of health and health-related programs. Evaluates program
• effectiveness and the changing needs of the community, developing new programs as indicated.
Develops an Annual Planning Document for review and approval by the BOH, which includes a Mission
Statement, Goals and Objectives.
Provides administrative and technical assistance to the Sanitarians, Public Health Nurse, Clerks, and other
employees of the BOH. Responsible for enforcement of the State Sanitary and Environmental Codes;
provision of appropriate contagious disease prevention and follow-up and chronic disease
prevention/wellness education; and compliance with required record-keeping procedures. Responsible for
assisting in evaluating job candidates; providing necessary employee education and training; evaluating
employee performance; determining appropriate course of action in disciplinary matters; approving leave
requests; and providing general guidance to the BOH, staff, other city departments and city officials.
Prepares for public health emergencies, including potential infectious disease outbreaks due to natural or
man-made causes, by participating in a regional preparedness coalition in accordance with requirements
of the United States Center for Disease Control (CDC) and of the Massachusetts Department of Public
Health(MDPH).
Develops BOH budget for review and approval by the Board, the Mayor, and the City Council, providing
necessary justifications for expenditures. Responsible for following procedures set by the City for
expending and collecting funds.
• Serves as the legal representative for the BOH, having legal authority to carry out the directives of the
BOH in all phases of the BOH's operations. Oversees preparation of cases to be presented to court, or
designates such preparation to a qualified BOH employee.
Drafts regulations, for review by the BOH, based upon health and environmental needs.
Reviews Subdivision Plans and Special Permits presented to the BOH by the Planning Board, and ensures
is
applicant complies with conditions set on the project by the BOH.
General consultation to the BOH.
Attendance at regular and special BOH meetings.
QUALIFICATIONS:
A Master of Public Health degree from an accredited college or university is preferred, or a Bachelor's
Degree from such an institution with significant course work in the environmental or health area from an
accredited college or university and an agreement to obtain a Master's in Public Health within five (5)
years.
At least three years' experience working in a BOH department.
A valid Massachusetts driver's license
Strong skills in organization, communication, and writing
Preference for a Registered Sanitarian and/or a Certified Health Officer.
Three (3) professional references.
• PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is frequently required to sit and talk or hear. The
employee is regularly required top stand; walk; use hands to finger, handle, or feel objects, tools, or
controls. The employee must regularly walk and lift and/or move up to 25 pounds.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those that an employee
encounters while performing the essential functions of the job. Reasonable accommodations may be
made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee occasionally works near moving mechanical parts
and in outside weather conditions. The noise level at work is usually moderate. Depending upon the duty
being performed by the employee at any given time, the work environment may change from an indoor
environment to an outdoor environment, exposing the employee to the following which includes but is not
limited to: inclement weather, ocean water and inhabitable dwellings.
Interested candidates are encouraged to apply to Salem Board of Health, 120 Washington Street, 4t'floor,
Salem, MA 01970.
. DATED: July 23, 2009
The City of Salem is an Equal Opportunity Employer. EEOE/AA
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4"'FLOOR
TEL. (978) 741-1800 •
KIMBERLEY DRISCOLL FAX(978)745-0343
MAYOR DCREENBAUM@SM EM.COM
DAVID GREENBAUM
ACTING HEALTH AGENT
Public Health Nurse Report
September 2009 Activities
Disease Prevention
• In contact with North Shore Pulmonary Clinic regarding active cases and
case contacts.
• Investigated communicable disease cases and reported to the MDPH.
Meetings/Clinics
• DOT Monday-Wednesday-Friday for two active TB cases. DOT Monday
through Fridayfor two active TB cases.
• Attended the NSCAEP meeting at the Peabody DPW. •
• Attended Monthly North Shore Public Health Nurses meeting to discuss
H1 N1 plans.
• Presented H1 N1 plans with David Greenbaum at the Leadership Meeting .
with school Principals and the Superintendent.
• NSEPC met with coordinator Joan Searle. Discussed. procurement needs
for H 1 N 1 Clinics.
• Attended the statewide H1 N1 conference in Worcester with Mary Egan,
School Nurse Leader.
• Attended the.Health Care Advisory Council meeting to discuss School
based immunization plans.
• Met with John Berscome of the Salem Waterfront Hotel regarding
Pandemic Flu plans..
• Participated in two MDPH telephone conference calls between schools,
local health and MDPH •
I
• Ordered 6,960 doses of inactivated H1N1 vaccine for school clinics, a
community clinic, and a clinic at the Salem Mission.
• Attended the Northeast Regional TB meeting at the North Shore
Pulmonary Clinic to discuss current cases on the North Shore.
MONTHLY REPORT OF COMMUNICABLE DISEASES
SEPTEMBER 2009
DISEASE NEW CARRY OVER DISCHARGED REPORTED
CAMPYLOBACTER O O O 0
CIARDIA O O O 0
HEPATITIS A 1 0 1 1
NOVEL H 1 N 1 1 O O 1
LYME 2 O 2 2
WIGELLA O 0 O O
TUBERCULOSIS 1 4 O 0
VARICELLA O O O O
Tuberculosis. 5 Cases.
DOT MONDAY WEDNESDAY FRIDAY FOR 3 CASES
DOT MONDAY THROUGH FRIDAY FOR 2 CASES
NEW CASE: 32 Y/O MALE. REMAINS HOSPITALIZED. SMEAR POSITIVE
•
���ONOrT,�A f
tom` CITY OF 'SALEM
CONSERVATION COMMISSION
March 19,2008
David Knowlton
City of Salem
Engineering Department
120 Washington Street
Salem, MA 01970
Re: Order of Conditions DEP#64-473
Salem Transfer Station, l2.Swampscott Road, Salem,Massachusetts
Dear Mr. Knowlton:
Enclosed, please find the Order of Conditions for the above referenced project..
Following the 10-day appeal period (as of March 29, 2008), this document and the
attached Special Conditions must be recorded at the Essex County Registry of Deeds (36
Federal Street, Salem, MA).. Once recorded, please return a copy of Page 9 of the Order,
which will indicate to the Commission that the document has been recorded.
As indicated in the Order,prior to any work commencing: •
1. this Order must be recorded,
2. a sign shall be displayed showing DEP File#64-473 within public view,and
3. contact me at least 48 hours prior to any activity to schedule a pre-construction
meeting to review the Order with your hired contractor.
If you have any further questions,please feel free to contact me 978-619-5685.
Sincerely,
Carey Duq es
Conservation Agent/Staff Planner
Enclosures
CC: Robbie George,Northside Carting, Inc
Alan Hanscom, BETA Group, Inc.
DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
oEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: From: Salem
When filling 1.Conservation Commission
out forms on.
the computer, 2.This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not David Knowlton City of Salem and North Side Carting, Info
use the return a.First Name b.Last Name provided on attached sheet
key. c.Company
S� 120 Washington Street
d.Mailing Address
A q Salem MA 01970
e.Cityrrown f.State g.Zip Code
4. Property Owner(if different from applicant):
The City of Salem
a.First Name b.Last Name c.Company
120 Washington Street
d.Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
• 5. Project Location:
12 Swampscott Road Salem
a.Street Address b.City/Town
Map 7 Lot 68
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note: 42.498960 -70.925349
electronic filers will click for GIS locator): e.Latitude f.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex
a.County b..Certificate(if registered land)
39004 173
c.Book d.Page
7. Dates: February 111, 2008 March 13, 2008 March 19, 2008
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan with Sampling Locations
a.Plan Title
BETA Group Gerard R. Magnan _
b.Prepared By c.Signed and Stamped by
February 2008 1"=50'
d.Final Revision gate e.Scale
See Attached Sheet for listing
f.Additional Plan or Document Title g.Date
o
wpaform5.doc• rev.WIMS Page 1 of 9
Co-Applicant
Northside Carting, Inc. •
210 Holt Road
North Andover, MA 01845
Robert A. George, President
(978) 686-2020
•
Listing of Approved Plans under Order of Conditions for DEP #64-473
Plan Title Prepared By Signed and Stamped By Final Revision Date Scale
Wetlands History BETA Group Gerard R. Magnan February 28,2008 1"=20'
Depth of Refuse BETA Group Gerard R. Magnan February 2008 Not to Scale
East Side of Forest River BETA Group Gerard R. Magnan February 28,2008 1"=20'
Overall Site Plan BETA Group Gerard R. Magnan February 28,2008 1"=50'
3407 Details.dwg BETA Group Gerard R. Magnan February 2008 unknown
Site Plan BETA Group Gerard R. Magnan February 2008 1"=20'
Toe of Landfill Cap Detail BETA Group Gerard R.Magnan February 28,2008 1"=2'
General Site and Exploration
Location Plan BETA Group and Gerard R. Magnan No date 1"=40'
PARE Engineering Corp
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
•
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on.the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private.Water Supply e. ® Fisheries f. Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention I. Flood Control
2. This Commission hereby finds the project, as proposed,is:(check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary.in accordance with the performance standards set
forth in the'wetlands regulations.This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above,the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent,these
conditions shall control.
Denied because: •
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations.Therefore,work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect these interests, and a
final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order..
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act.Therefore,work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests,and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary(if available) a.linear feet
Resource Area Proposed Per Proposed Permitted
Alteration Alteration Replacement Replacement
1200 1200 1200 1200
4. ® Bank a.linear feet b.linear feet c.linear feet d.linear feet
5. Bordering vegetated 450 450 450 4.50
square feet c.square feet d.
Wetland a.square feet b.sq square feet q
3600 3600 3600 3600
6. ® Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet •
and Waterways
e.cu.yd dredged f.cu.yd dredged
wpaform5.doc• rev.311/05 Page 2 of 9
Massachusetts Department of Environmental Protection
_--- Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed, Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
157000 157000
9. ® Riverfront area a.total sq.feet b.total sq.feet
83000 83000 83000 83000
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
sq ft between 100-200 ft 74000 74000 74000 74000
g.square feet h.square feet i.square feet J.square feet
Coastal Resource Area Impacts: Check ail that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feet b.square feet
• c.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal.Dunes below
13. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt d.cly nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt d.c/y nourishmt
15. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
19. ❑. Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
• a.cu.yd dredged b.cu.yd dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
,vpaform5.00c• rev.311105 Page 3 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection -Wetlands
l
WPA Form 5 — Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 •
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a-specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years;the-extensiondate and the special--,circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this-project shall be clean fill.Any fill shall contain no trash, refuse, •
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper,cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEPI
"File Number 64-473 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
LBureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and.hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of.the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for.that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work,.and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland In the vicinity of the proposed work area shall be marked by wooden
• stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion,and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more
space for
additional
conditions,
select box to
attach a text
document
•
wpaform5.doc• rev.3/1/05 Page 5 of 9
lMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 -- Order. of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
10
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ❑ that the following additional,conditions are necessary to comply with a municipal ordinance or
bylaw:
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders-that al[work shall-be performed in accordance with the following conditions
and with the Notice of Intent referenced above.To the extent that the following conditions modify or
differ from the plans, specifications,or other proposals submitted with the Notice of Intent,the
conditions shalt control.
If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows:
space for
additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local •
conditions,select box to ordinance and the Massachusetts Wetlands Protection Act.
attach a text
document
•
upaform5.doc• rev.V1105 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 3 h9 106
condition pursuant to General Conditions K from the date of issuance. 1.Dfite df Issuance
Please indicate the number of members who will sign this form: 4 (four)
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant: _
Signatures:
Zr-1A
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
13 March 2008
On this Day of Month Year
Before me,the undersigned Notary Public, K. Cornacchio, D. Pabich, M. Blier, K. Glidden
personally appeared Name of Document signer
proved to me through satisfactory evidence of identification,which was/were
personally known
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document,and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of Salem Conservation Commission
Cityrrown
CAREY R.DUQUES
16.2013 Signature f Notary Public
Carey . Duques
Printed Name of Notary Public
16 13
Place notary seal and/or any stamp above August
My Commisssioonn Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested, on
Date Date
wpaform5.doc• rev.3/1105 Page 7 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Ll
Bureau of Resource Protection -Wetlands
WPA Form 5 -- Order of Conditions 64-4733
Massachusetts Wetlands Protection Act M.G.L. c: 131, 40
i
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting.the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
#heir right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7)within ten business days from the date of.issuance of this Order.A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant:Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in thepermit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act,_(M.G.L. c. 131, §40)and is inconsistent with the.wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and.not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
•
%vpatorm5.doc• rev.3/1/05 Page 8 of 9
Massachusetts Department of Environmentai Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order. of Conditions 64-473 .
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information.
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the.chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
12 Swampscott Road 64-473
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
• County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
•
Signature of Applicant
vrparorm5.doc• rev.311105 Page 9 of 9
Attachment to Order of Conditions# 64-473
w 0'. g Page lof 7
SALEM CONSERVATION COMMISSION •
DEP FILE #64-473
City of Salem Transfer Station
12 Swampscott Road
City of Salem,Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural
Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has
been detennined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools. . .
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 34-13.
This Order permits the capping an&renovation(including slope stabilization,repaving, grading) of the existing City.
of Salem transfer station and.upgrade-of.City of Salem yard waste drop-off area (installation of retaining walls and
repaving)at the closed solid waste•landfill. In further detail,this Order of Conditions permits the work proposed in
the Notice of Intent filed with the:Conservation.Commission on February 11, 2008 which is further described in
supplemental information provided.to the Conservation Commission on February 28, 2008 and March 13, 2008.
The activities;approved under this Order of Conditions include demolition of the existing former incinerator •
building,including the building,and the smoke stack. The Commission approves the demolition procedure proposed
in the application. The applicant shall obtain all necessary local and state permits necessary to complete this
demolition.
This Order pen-nits the capping of the landfill as described in the Notice of Intent application. The Commission
approves this plan so long as it is in compliance with DEP's regulations. If changes are made to the proposed
capping technique the landowner shall provide the Conservation Commission with the.new proposed approach to
capping the landfill.
The Commission approves the construction of a new transfer station building to be 75 feet by 100 feet,as proposed
in the Notice of Intent application. This Order permits repaving on the Site including areas within the 200 foot
Riverfront area. In order to address runoff and reduce the total suspended solids entering into the river the
landowner shall install aStormceptor 900i unit, per DEP comments made on March 4, 2008. In order to control
stormwater during construction the landowner shall provide a Stormwater Pollution Prevention Plan(SWPPP)to the
appropriate agencies and provide the Conservation Commission with a copy.
This Order permits the development of concrete block push walls and retaining walls within the Riverfront area as
proposed on the Overall Site Plan dated February 2008 stamped by Gerald R. Magnan. This project proposal
includes the relocation of the yard waste drop-off area and the creation of a recyclable drop-off area to the rear
(southern) portion of the site. The Conservation Commission is requiring that no dumping signs be installed along
the perimeter of the drop-off area and along the top of the river. Condition #46 outlines the specifics of design,
quantity and location of the signs. This Order perniits the creation of a water quality swale around the perimeter of
the drop-off area as described in the Notice of Intent application.
This Order permits site improvements, specifically the removal of approximately 60 linear feet of the upstream •
portion of a culvert that currently conveys the Forest River under the existing access road to the yard waste drop-off
area located to the rear, southern,side of the Site. This Order permits the removal of the 48"and the installation of a
Attachment to Order of Conditions# 64-473
.r Page 2of 7
•`ls
• 12" pipe at inlet to control flow and maintain existing conditions. All material removed as a result of the day-
lighting of the river shall be handled appropriately according to DEP requirements. The river shall be protected
throughout the entire process of removing the 60 linear feet, taking necessary precautions to limit sediment,
equipment,etc. from entering the river. Final stamped plans showing the removal of the pipe shall be submitted to
the Conservation Agent or Conservation Commission prior to the start of construction and post the inspection of the
drainage pipe.
The landowner shall remove debris from the Forest River,including but not limited to"white goods"such as
washing machines,dryers,bicycles,etc. Equipment used to remove this debris shall not enter the river and spill kits
shall be on Site at all times.
An Operations and Maintenance Plan shall be maintained on site by the landowner and shall be available for review
by the Conservation Agent or others who are interested.
The Conservation Agent will be inspecting the site on a weekly basis during construction. The Conservation.Agent
shall be notified if changes are made to any section of the approved application.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(all 7 pages)at the Essex County Registry of
Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day
appeal period and within 30 days of the issuance. A copy of the recording information must be
submitted to the Salem Conservation Commission before any Nvork approved in this Order
• commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance, Salem Code Chapter 34,Section 34-1—34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones,other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-473, and not placed on
a living tree.
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its.behalf in administering and enforcing this Order.
7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,
Section 40,the Wetlands Regulations 310 CMR 10.00, and the Salem Wetlands Ordinance,and shall have
the right to require any data or documentation that it deems necessary for that evaluation.
• S. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
-..f Attachment to Order of Conditions fl 64-473
Page 3of 7
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of •
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under-authority
of sec:27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L. Ch. 2 1 A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within,100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR
744.).
10. If there are conflicting conditions within this Order,the stricter conditions)shall rule.
11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary. •
13. The Commission reserves the right to impose additional conditions.on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
See Attached Sheet for a Listing of all Plans
(Title)
(Dated)
(Signed and Stamped by)
City of Salem Conservation Commission
(On file ivith)
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by.a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection. •
I
a ; Attachment to Order of Conditions# 64-473
Page 4of 7
• 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
17. Condition Number 50 and 51 as indicated shall continue in force beyond the Certificate of Compliance,in
perpetuity,and shall be referenced to in all future deeds to this property.
PRIOR TO CONSTRUCTION
is. Prior to the commencement of any,activity on this site.other than activities Iisted.above,there
shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the
work,and a member of the.Conservation Commission or its Administrator to ensure that the
requirements of the Order of Conditions are understood. The staked erosion control line shall be
adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission
Agent at(978) 619-5685.at least forty-eight(48)hours prior to any activity to arrange for the pre-
construction meeting.
19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and
erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The
Commission and/or its Administrator shall inspect and approve such installation at the pre-construction
meeting.
• 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction meeting if absolutely necessary in order to place erosion control stakes where required.
21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for
emergency erosion control.
EROSION CONTROL
22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction,
and.shall be maintained during construction in the wetland areas and buffer zones. The erosion control
specifications provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum standards for this project;the Commission may require additional measures.
23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland
resource areas to prevent sediment from entering wetland resource areas.
24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed.
25. The area of construction shall remain in a stable condition at the close of each construction day.
26. Any de-watering of trenches or other excavation required'during.construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through hay bale sediment traps,silt filter bags or other means approved by the Commission or its
Administrator.
• 27. Within thirty(30) days of completion of construction on any given portion of the project,all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing .
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
Attachment to Order of Conditions# 64-473
Page 50f 7
28. if soils are to be disturbed for longer that two (2) months, a temporary cover of rye or other grass should •
be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,
exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved.plan(s).
31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet
fi-om wetland resource areas and 200 feet from river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage .
system. Any deposit of cement,or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
35. There shall be no pumping of water from wetland resource areas. •
36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
b the Conservation Commission including,but not limited to,civil administrative
f enforcement actions g
o y
penalties under M.G.L Chapter ter 21A,section 16.P
AFTER CONSTRUCTION
39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to
the Conservation Convnission to request a Certificate of Compliance (COC):
(1) A Completed Request for a Certificate of Compliance form(WPA Form 3A or other form if
required by the Conservation Commission at the time of request).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An"As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum: •
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
Attachment to Order of Conditions # 64-473
Page 6of 7
(b) Locations and elevations of all stormwater management conveyances, structures and best
management designs, including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings,septic system components,wells,
utility lines, fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
41. If the completed work differs from that in the original plans and conditions,the report must specify how
the work differs; at which time the applicant shall first request a.modification to the Order. Only upon
review and approval by the Commission, may the applicant request in writing a Certificate of
Compliance as described above.
42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has
authorized their removal.
ADDITIONAL CONDITIONS
• . 43. . The applicant shall obtain all necessary state and local permits prior to demolition occurring on site.-
The Conservation Commission shall receive copies of these permits.
44. Final plans outlining the partial removal of the Forest River Culvert shall be.submitted to the
Conservation Agent and approved before construction on this portion of the project can begin. The
plans shall contain, elevation of culvert project area post construction,exact length of culvert to be
removed,location of erosion control measures to be installed during construction,identification of area
where material excavated.will be placed, dewatering plan(if necessary),restoration plan proposed for
the river banks, and details of cement headwall to be placed on inlet end of culvert.
45. The applicant shall remove debris from the Forest River. Excavators or other equipment used to remove
debris from the river shall not enter the river. Spill kits shall be on Site.
46. The applicant shall coordinate with the Conservation Agent regarding the layout,wording, design,
quantity, etc of no dumping signs to be installed adjacent to resource area and in the rear, southern,
portion of Site near the recycling and yard waste drop-off area.
47. The applicant shall submit letter from adjacent property owner agreeing to be an applicant on the Notice
of Intent.
48. The applicant shall submit letter from adjacent property owner granting a construction easement over
the property owned by NSSS Limited Partnership located at 38-52 Swampscott Road in Salem,MA or
documentation proving the conveyance of the property to the applicant prior to start of construction.
49. The Conservation Commission shall be copied on all documents submitted to the DEP and other state
agencies.
• 50. The applicant shall provide the Conservation Agent with hydrologic calculations,pre and post removal
of the 60 feet of culvert. Final plans for the headwall and any structure to be installed at the upstream
Attachment to Order of Conditions tf 64-473
r Page 7of 7
inlet of the Forest River shall also be submitted for review and final approval by the Conservation Agent
or Conservation Commission and City Engineer.
51. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect quarterly street sweeping and supplemental sweeping as necessary.
52. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect inspections of catch basins quarterly and annual cleaning of the catch basins with supplemental
cleaning as necessary.
53. Applicant shall update plan showing Toe of Landfill Cap Detail with rip rap covering the impervious
liner above and below the water surface.
54. Applicant shall submit annual report°by December 31 of each year to the Conservation Agent showing
that the catch basins have been cleaned and street sweeping has occurred.
55. The applicant'shall install four(4) foot sumps in each of the catch basins located on site.
56. Applicant shall complete and submit a stormwater report meeting DEP standards prior to performing
construction.
57. Site visits shall be conducted weekly by the Conservation Agent upon the start of construction.
58. Applicant shall note on site plans snow storage areas.
59. Applicant shall appear before the Conservation Commission with final plans stamped by an engineer
upon submitting plans to DEP and prior to beginning construction.
•
PERPETUAL CONDITIONS
60. The applicant shall maintain an Operations and Maintenance Manual for the stormwater system that is
accessible on Site.
61. Sodium based products shall not be used within the Riverfront Area, 200 feet from the river.
•
Listing of Approved Plans.under Order of Conditions for DEP #64473
Plan Title Prepared By Signed and Stamped By Final Revision Date Scale
Wetlands History BETA Group Gerard R. Magnan February 28, 2008 I"=20'
Depth of Refuse BETA Group Gerard R. Magnan February 2008 Not to Scale
East Side of Forest River BETA Group Gerard R. Magnan February 28, 2008 1"=20'
Overall Site Plan BETA Group Gerard R. Magnan . February 28, 2008 1"=50'
3407 Details.dwg BETA Group Gerard R. Magnan February 2008 unknown
Site Plan BETA Group Gerard R.Magnan February 2008 1. =20
Toe of Landfill Cap Detail BETA Group Gerard R. Magnan February 28,2008 1"=2'
General Site and Exploration
Location Plan BETA Group and Gerard R.Magnan No date 1 '=40'
PARE Engineering Corp
•
July 9, 2008
Massachusetts Executive Office of Environmental Affairs
MEPA Office
100 Cambridge Street, Suite 900
Boston, MA 02114
Attn.: Mr. Richard Bourre
Acting Director
Re: City of Salem-Transfer Station Expansion
• Environmental Notification Form-Public Comment
Dear Mr. Bourre,
As you know, the Salem Board of Health will be asked to act on an
application to increase the amount of solid waste permitted at the
Salem Transfer Station from 100 to 400 tons per day. The original
approval of this site as an incinerator was given by the Board of
Health in 1960. At that time, Swampscott Road had very few
businesses or nearby residents and there was a minimal review
process. Now there are several residents within 500 feet, more
businesses including a multi-pump gas station, and the proposition of
changing from a mainly C&D/Commercial Solid Waste facility to a
mixed C&D/MSW/Commercial Solid Waste facility.
After reviewing the ENF submitted by the City of Salem/Northside
Carting, the Salem Board of Health has several questions regarding:
the proposed size of the expanded transfer station; the building
• design;
1
waste water traffic
generation; and traffic data which effects the
g is
impact study, the draft air-quality study, and the noise study.
Is this project subject to an EIR pursuant to Section 11 .03 (9) (a) of
the MEPA regulations because it will create new capacity of 150 or
more tpd for processing and disposal of solid waste?
Is this project using industrial revenue bonds so that the Board of
Health and DEP would not be able to rescind the permit for any
reason?
As a reference to best practice, the Board used EPA's "Waste
Transfer Stations: A Manual for Decision-Making", June 2002.
ENF Size of Project, pg. 2
The stated gross square footage of the proposed building is 7500sf.
Best practice, according to EPA, uses this useful exercise in
calculating how much tipping floor space a facility would require to
store a full day's waste in case of extreme emergency.
• 4 000s .ft + 40 TPD x =q ( 0 20sq. futon) N
4,000sq.ft+8,000= 12,000sq. ft needed tipping floor vs. Proposed
tipping floor 5,328 SF
According to the EPA, a 400 TPD facility would require 12,000 sq. ft
tipping floor. The total size of this proposed building is half the size of
the EPA's recommended size of a tipping floor for a 400 TPD facility.
As stated in ENF Attachment H Letter from City Solicitor dated
9/13/07, the TPD can be as high as 500 TPD. A 500 TPD tipping
floor calculation would need to be 14,000 sq. ft.
Best Practice calls for a building with a minimum of 35,000 to 40,000
sq. ft to accommodate 400-500 TPD.
Additionally, a building less than 10,000 SF allows this project to
bypass the usual review by the City's Planning Board and the
resultant protections for the immediate sensitive receptors and the
• community along the truck route.
2
Although, mentioned in the ENF pg.6 is the City's Design and
• Review Board (DRB), DRB's concentration is the design of a building,
not parking, traffic flow etc. while the Planning Board looks at all
aspects of a project. The BOH is not aware of any project outside of
downtown that necessitated the review by the DRB and not the
Planning Board.
ENF Construction of New Transfer Station pg. 3
When looking at the Attachment J Progress Set of Drawings
A4.1 the dimensions of the proposed building are 97'8"x 74'6"
98x75=7350SF. This is 150 SF less than the stated 7500 SF
building. Every SF for this type of project is essential.
It states "the proposed new transfer station will include an enclosed
metal building". An enclosed building with this SF can only occur
when the facility is not operational. During operation the two garage
doors will be open which will generate odors, litter, dust, noise, and
vectors which will have an impact on the surrounding neighborhood
• and streets.
Design of an urban transfer station needs to employ a combination of
planning, design, and operating practices to help minimize impacts
upon the surrounding community. A residential area is within 235 ft
of this proposed transfer station and a Day Care play yard is within
518.75 ft.
It was stated at the Conservation Commission public hearing that
NSC is intending to do a land exchange with the adjacent property
owner which will then extend the sensitive receptors margin to
include 8 more residential dwellings.
To protect sensitive receptors, design may require roll-up doorways
that would only be opened to allow trucks to enter and exit.
3
Noise
The Noise report states that back-up alarms will not operate
continuously during the day. However, given the small size of the
building, the trucks will need to maneuver forward and backward
continuously during their operation, resulting in frequent backing up.
The report states that a "pure tone" condition will be created. Will this
condition cause a noise nuisance for the closest residents?
Odor
The plan calls for a composting area. Will this include windrows so
that odor nuisances will be avoided?
Direct Dump Design
Will trucks pull into the building and directly dump into waiting transfer
trucks below or will there be sorting and recycling? In the Noise
Impact Assessment Study, the transfer station is referred to as a
"recycling facility" with "front-end loaders used to move materials,
occurring inside the tipping floor." However, elsewhere there is a
direct dumping description. Sorting, recycling, or segregating may
call for a larger tipping floor and building.
Is segregating and sorting required as part of the waste ban?
The EPA delineates some concerns regarding the disadvantag
es of
direct dump into transfer vehicle as follows:
-Transfer station cannot accept waste unless a trailer is
positioned to receive waste. (shortage of empty trailers shuts
down facility).
-No short term storage (surge capacity) to accommodate peak
inflow periods causing long customer queuing can be expected
during peak inflow periods.
-Relatively low payloads in trailers.
-Fall hazard
• -Limited ability to screen and remove unacceptable waste.
4
-No opportunity for waste diversion or materials recovery
-Trailer can be damaged by direct dumping of heavy materials,
• therefore causing long customer queuing.
It is important that these concerns be addressed prior to construction
with solutions outlined in the application.
ENF Traffic pg. 2
External
The Traffic Impact and Access Study (Vanasse & Associates, Inc.
12/2007) - pg, 15 states:
" Based on information provided by Northside Carting, the
proposed expansion is expected to result in an additional 54 vehicle
trips on a average weekday over existing conditions, with 6 additional
vehicle trips during both the weekday am & pm peak hours. The
majority of these trips will be trucks and of the same composition
(type & size) as those currently servicing the facility."
• The stated average Weekday Daily total trips are 140
This number is not consistent with what NSC has reported to
the DER In addition there is no comparison to the type of vehicles
that are currently using this site to the type of vehicles which will be
using this site after this proposed expansion.
ENF Attachment H Letter from City Solicitor under traffic Ms. Rennard
states "...due to the size of the current vehicles that utilize the
transfer station (cars, pickups and small dump)". Currently there are
no 10-12 ton diesel trash trucks entering/exiting the site, nor are there
48 21 ton load diesel trucks entering/exiting this site.
Currently the transfer station only accepts C&D and yard waste,
averaging 65 TPD (see scale records below). With the expansion,
this transfer station will be accepting C&D, MSW and yard waste,
averaging 400-500 TPD.
5
In order to safely facilitate the transfer of 400-50OTPD the number of
12-21 ton vehicles is obtained by using the following calculation:
Rear Loading Garbage Compacter Collection Truck
- averages 10-12 tons of trash/per truck
- based on 12 ton load 450 TPD . 12 ton load = 38
trips or 76 round trips
500 TPD T 12 ton load = 42 trips or 84
round trips
18 wheel Hauling truck averages 21 tons/ truck
- based on a 21 ton load 500 TPD _ 21 ton load = 24
trips or 48 round
trips (60-70 foot
diesel trucks)
400 TPD = 76 collection trips + 48 hauling trips = 124 total
combined Diesel truck trips. This number seems low
compared to the 340 trips anticipated at a North Andover
Transfer Station with a 650 tpd capacity.
• 124 =8 = 16 trucks per hour every 3.75 minutes truck
entering/exiting site
500 TPD = 84 collection trips + 48 hauling trips = 132 total
combined Diesel truck trips
132 _ 8 = 17 trucks per hour every 3.5 minutes truck is
entering/exiting site
This is not including the small vehicles (1 ton) that could equal 50
trips per day
It is best to project maximum volumes.
6
• The following are NSC's scale records on file at the DEP (public
"information)
2006---51.6 TPD
2005---74 TPD
2004---72 TPD
2003---73 TPD
Even though the transfer station is permitted for 100 TPD it has not
reach this figure in the past 5 or greater years. Currently, this facility
may be better defined as a community convenience center. No
portion of its waste is directly from collection vehicles.
Consequently, an increase from an average of 65 TPD to 400-500
TPD is a 700% increase in activity at this site and a 700% increase in
the type of heavy truck traffic in the immediate area where there are
>40 sensitive receptors. Swampscott Road is a 2 lane road with no
room to be expanded. A slight back up in queuing on site could cause
trucks to block this 2 lane road and negatively impact an already
congested intersection. Re-timing of the lights will not produce an
• increase in the flow of traffic in this situation.
The above calculations for a 400-500 TPD describes the
entering/exiting of one of these 12-21 ton trucks (with lengths of 30-
70 if every 3.75-3.5 minutes. As a result, if there is even a slight delay
in the flow (at the tipping floor or scale area or a rejected load) this
will force the queuing of these trucks to back up onto Swampscott
Road causing severe traffic back up of traffic onto Rt. 107 and
surrounding neighborhoods.
Consequently, the Board questions the information in this traffic
report regarding the type and number of heavy diesel trucks using the
facility before and after the expansion.
It is vitally important that the conclusions in the traffic study are sound
since the air quality and noise studies are based upon the numbers in
the traffic study. The accuracy of models to predict effects on traffic
and air quality are dependent upon an accurate traffic study.
7
r
• Internal Traffic
The Boards concerns relevant to internal traffic is the safety of the
individuals using this site to dispose of their yard waste and using the
same tipping floor as the commercial vehicles. Yard waste disposal
will be located in back of the property, the portion of the site west of
the Forest River. The road leading to this portion of the property will
also be the same road traveled by the 70 ft. 18 wheeled 21 ton diesel
trucks. This road according to the scale provided is approximately 15"
wide. Any snow or debris on the ground would lessen this width.
The EPA recommends that public unloading areas (tipping floor) and
traffic be kept separate from commercial vehicles for safety and
efficiency.
ENF FIGURE-Proposed Site Plan
There is only one entrance and exit for both small cars and trucks
and the 12-21 ton trucks to use. The commingling of these entities
raises safety questions. The north exit should have little use due to
• the trucks having to be re-weighed on exiting.
The EPA recommends that it is best to project maximum volumes.
This plan also shows little queuing space on site during peak hours
for 400-500 TPD and does not mention an off site waiting area.
This plan indicates that within 100 ft. of the north (exit only) driveway
is an enter/exit driveway for an adjacent very busy 12 pump gas
station and drive through bank. Could these be easily obstructed by
trucks if there is a slight delay in the transfer process?
ENF Attachment D Fact Sheet pq.4
States Option 4 includes a construction of a new salt barn. The Board
believes this to be outdated information. Its present proposed use is
for yard waste.
8
•
ENF Solid and Hazardous Waste Section pg. 14
D. If the project involves demolition, do any of the buildings to be
demolished contain
asbestos? NO
ENF Attachment I Additional Information Conservation
Commission pq.2
Question: Have the building materials, ash and other "suspect" materials
inside the incinerator building and stack been sampled for hazardous
residuals?
Answer: The primary contaminants of concern include: asbestos containing
building materials (roofing materials, wall panels, gaskets, duct insulation,
mastics and floor tiles).
Inappropriate handling and disposal of this asbestos concerns the Board
given all the research and data on mesothelioma.
ENF Water/Wastewater pq.2
GPD wastewater generation/treatment: Left blank
There will be or should be other sources of waste water other than from
storm water run off from the following locations:
-Waste water from the handling of dust from vehicles and waste handling
operations appeared to be omitted.
-C&D generates more dust than MSW and therefore all trucks should be
washed before they leave the transfer station to remove dust-generating dirt
and debris.
-Waste water from a misting system over the tipping floor area to knock
down dust particles.
-Waste water generated from daily washing down of the tipping floor to
decrease odors.
9
•
Air Quality Modeling Report
Prepared by Epsilon Associates, Inc.
May, 2008
Pg. 2-1 states an air quality dispersion modeling was conducted for the
existing and proposed truck volumes with NSC. Presently only cars and
small trucks enter this site. With this proposed expansion predominantly 10-
21 ton vehicles will be using the facility.
Figure 1 illustrates an out dated aerial view of the proposed site. In the
spring of 2007 adjacent to the transfer station a busy 12 pump gas station
opened. Even with vapor recovery systems, VOC's may be emitted from this
multi-pump gas station. This would negatively affect the ambient air quality
in the immediate vicinity of the transfer station and surrounding area.
Pg. 2-2 states it used the most recent data obtained from EPA AIRS
database for the years 2004-2006, however this data was collected prior to
the opening in 2007 of the adjacent gas station.
The Board's concern is the combination of the gas station's emissions of
VOC's; emissions from heavy routine traffic; methane emissions from the
land cap; the commuter rail train; a nearby junk/auto salvage yard;
Aggragate Industries; and Salem Hospital. These are in addition to the
transfer station's external traffic emissions of particulates, carbon monoxide,
other gases, airborne microbes, dust, etc on the air quality in the surrounding
area which are not reflected in the air quality report.
Health Impacts in Salem
According to the Massachusetts Department of Public Health, the number of
emergency room visits for asthma in 2005 by Salem residents exceeded that
by Massachusetts residents as a whole by almost 12%.
10
In addition, the prevalence of Lung and Bronchus Cancer in Salem men
• between 2000 and 2004 was 25% greater than that experienced by men as
a whole in the state.
Approximately one mile from the proposed transfer station these 124-132
(non-retrofitted) heavy diesel trucks pass by high school, elementary school,
and junior high school yards where the most vulnerable of all the sensitive
receptors (children) recreate, breathing deeply and rapidly as they partake
in sports and play.
Thank you for the opportunity to comment on this important project
that is currently before the Massachusetts Executive Office of
Environmental Affairs and will be before the City of Salem's Board of
Health soon.
Regards,
For the City of Salem Board of Health as voted on July 8, 2008,
• Paulette Puleo
Chairperson
Cc: Mayor Kimberley Driscoll
Aisling Eglington
11
r
City of Salem
Landfill Closure & Proposed Transfer Station
Project — -12 Swampscott Road
Proposed Permitting & Construction Schedule
Meetinje/Activity Target Date
Board of Health Coordination Meeting September 1, 2007
City Council Public Hearing#1 (Status Report) November 13, 2007
File Notice of Intent with ConComm February 14, 2008
➢ Public Hearing#1 February 14, 2008
➢ Public Hearing#2 February 28, 2008
➢ Public Hearing#3 March 13, 2008
➢ Order of Conditions Issued March 19, 2008
City Council Public Hearing#2 (Excess Property Designation) February 28, 2008
Supplemental Site Reviews by Northside Carting, Inc.
➢ Traffic Impact Study Draft Complete
➢ Air Quality Impact Study Draft Complete
➢ Noise Study Draft Complete
DEP Enforcement Conference March 13, 2008
Modify Existing ACO with DEP April 2008
Updated Property Appraisal(underway by City Appraiser) April 2008
MEPA Filing—Environmental Notification Form April 2008
Site Assignment - Minor Permit Modification Request to BOH April-May 2008
ENF Comments Due May 2008
MEPA Findings May 2008
Salem City Hall —93 Washington Street—Salem, MA 01970-3592 Ph.978-745-9595 Fax 978-744-9327
OH.ti,�.�ublic:Bearini;'(Slte.Assi; nment#8 pniage ricrease) ": unes200 .
• Transfer of Property to Northside Carting June-July 2008
NSC to Initiate Final Design July 2008
Submit Final Landfill Closure Plans to DEP October 2008
Initiate Demolition of Existing Incinerator Buildings February 2009
Initiate Landfill Closure &Transfer Station Construction April 2009
•
•
Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph.978-745-9595 Fax 978-744-9327
BOH Chairperson Announcements 10/13/09
•
1. Special welcome and introductions to new member, Kemith Luster
2. Recognition of outgoing chairperson/member, Paulette Puleo
3. Role of Chairperson
• If you voted for me, I thank you for your support and if you did not, I thank you for
the support I will need from you and pledge to provide my support to you.
• I hope to refocus and redirect our work to better fulfill the mission and meet the
objectives of the BOH (see attached).
• The role of chairperson in meetings is primarily that of facilitator to maintain fairness
in conducting the business of the board.
• As this is not a legislative body, I will use Robert's Rules of Order to enable function
and will follow informal procedure,with modification as needed.
• I will reserve my vote for those cases where vote is by ballot or is required to reach a
result (as in a tie).
4. Clarification of Procedures and Protocols (see attached)
• Conduct of meeting
• Minutes of meetings
• Site visits
• Sub-committees vs. work assignments
• Role of liaison
•
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 LAURIE BURT
Lieutenant Governor
Commissioner
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental
Protection.
CERTIFIED MAIL February 13, 2008
Elizabeth Rennard, Esq. Salem— Solid Waste/COR
City Solicitor Salem Landfill
City Hall 12 Swampscott Road
93 Washington Street Facility No. 39974
Salem, MA 01970 Re: Noncompliance Landfill Closure
NOTICE OF ENFORCEMENT CONFERENCE
• THIS IS AN IMPORTANT NOTICE. FAILURE TO RESPOND TO THIS NOTICE
COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Ms. Rennard:
On May 11, 2006, at the request of the City of Salem representatives of the Department of
Environmental Protection, Northeast Regional Office, Bureau of Waste(the"MassDEP") met
with Mayor Driscoll, you and other representatives of the City of Salem(the "City") to discuss
the closure of the Salem Landfill(the "Landfill"). The closure of the landfill is required pursuant
to an Administrative Consent Order with Penalty, File No. ACOP-NE-0 1-4005,that was
executed on April 4, 2002 (the"Order")between the MassDEP, the City, and Northside Carting.
At the meeting the City represented that it did not have the funds to move forward with the
closure of the Landfill. The City proposed instead to issue a Request for Proposal(the"RFP")
for the sale or long-term lease of the property. The RFP would require the new owner to
complete the closure of the Landfill in accordance with the Order and 310 CMR 19.000,the
Massachusetts Solid Waste Regulations. On June 12, 2006, the City's consultant, Alliance
Environmental Group, Inc. ("Alliance") submitted a schedule to the MassDEP for completing the
RFP process and closing the landfill. The schedule provided for the issuance of the RFP by
September 2006, selection of proposal by December 2006, and completion of the closure by June
• This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6868.
http://www.mass.gov/dep•Fax(978)694-3499
tRM1 Printed on Recycled Paper
Salem Page 2 of 4
Salem Landfill NOEC
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental
Protection.
• 2008. On March 28, 2007,the MassDEP received a letter from you indicating that the City was
evaluating two proposals in response to the RFP.
As described, below the City is currently not in compliance with one or more laws, regulations,
orders, licenses, permits or approvals enforced by the MassDEP. The noncompliance consisted of
violations involving 310 CMR 19.000, the Massachusetts Solid Waste Management regulations, in
particular, the failure to complete the closure of the Landfill in accordance with the terms of the
Order, specifically:
1. Paragraph 15.C.7. of the Order requires in part that:
"Within sixty(60) days of the Department's [MassDEP's] approval of the CAAA
[Corrective Action Alternative Analysis], [the Parties] submit, for the
Department's approval, a Corrective Action Design(CAD), if necessary in
accordance with the regulations......"
The MassDEP approved the CAAA on April 20, 2005.
2. Paragraph 15.C.8. of the Order requires that:
"November 1, 2004, [the City and Northside Carting (the "Parties")] complete all
• necessary corrective actions, including the installation of an approved final cover system
and obtaining approval of any existing unapproved post-closure uses, in accordance with
the regulations, Guidance Manual [Landfill Technical Guidance Manual] and the
approved CAD [Corrective Action Design]."
3. The Order provides that the City shall pay administrative penalties to the Commonwealth
of Massachusetts for violations of the Order, specifically:
a. Paragraph 20.B. of the Order provides that:
"In the event the City violates any provision of this Consent Order,or
further violates any of the requirements cited in Part II above, the City
shall pay to the Commonwealth the sum of Thirteen Thousand Seven
Hundred Fifty($13,750) Dollars within thirty(30) days of receipt of the
Department's written notice thereof."
b. Paragraph 21 of the Order provides that the City shall pay stipulated penalties of
up to Two Thousand ($2,000) Dollars per day for violations of the Order. The
Order further provides that stipulated penalties shall begin to accrue on the day of
the violation(s) and shall to accrue until the day the violation is corrected.
As of the date of this Notice the City has failed to comply with the requirements of paragraphs
• 15.C.7. and 8. of the Order.
SalemLdf_City_NOEC08_02_13 2/13/08
Salem Page 3 of 4
Salem Landfill NOEC
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental
Protection.
•
Due to these noncompliance issues,the MassDEP intends to take enforcement action against the
City. Possible actions include issuance by the MassDEP of an ENFORCEMENT ORDER, a
CIVIL ADM NISTRATIVE PENALTY and/or referral of the matter for ATTORNEY
GENERAL'S OFFICE,CIVIL or CRIMINAL PROSECUTION.
An enforcement conference has been scheduled at this office on the following date and time:
LOCATION: MassDEP Northeast Regional Office
205B Lowell Street
Wilmington, Massachusetts 01887
DATE: March 13, 2008
TIME: 2:00 PM
The purpose of the enforcement conference is to provide you with the opportunity to reach a
negotiated agreement with the MassDEP to return to compliance and pay a civil administrative
penalty as appropriate. The MassDEP believes that prompt resolution of this enforcement case in a
manner which ensures your expeditious return to compliance and resolves all penalty issues is
beneficial and consistent with the MassDEP's environmental protection goals. The enforcement
• conference will provide you with the opportunity to discuss the alleged violations and return to
compliance and/or penalty conditions of a final enforcement document. Prompt settlement may also
decrease the resources you and the MassDEP might expend on protracted litigation of the issues.
If you do not attend the enforcement conference and reach a negotiated settlement, the MassDEP
will initiate appropriate enforcement action and you will have limited, if any, further opportunity to
reach a negotiated settlement of this case. These enforcement actions by MassDEP may include but
not be limited the issuance of a demand for the payment of the suspended penalty of Thirteen
Thousand Seven Hundred Fifty ($13,750) Dollars pursuant to paragraph 20.B. of the Order, the
assessment of stipulated penalties pursuant to paragraph 21 of the Order, and/or issuance of an
Unilateral Administrative Order by MassDEP establishing a schedule for completion of the closure
of the Landfill.
By March 8, 2008, please contact me at 978-694-3299 to confirm your attendance at the
Enforcement Conference and whether or not the City will have an attorney present.
Sincerely,
This final document copy is being provided to you electronically by the
Massachusetts Department of Environmental Protection.
A signed copy of this document
is on file at the DEP office listed on the letterhead.
John A. Carrigan, Chief
• Solid Waste Management Section
SalemLdf_City_NOEC08_02_13 2/13/08
Salem Page 4 of 4
Salem Landfill NOEC
This is a_-i electronic facsimile of a document on file with the Massachusetts Department of Environmental
Protecticn.
•
JAC/RJC/JAC/jac
Cc: Kimberley Driscoll, Mayor
City Hall
93 Washington Street
Salem, MA 01970
mayor@salem.com
Joanne Scott, Health Agent
Board of Health
120 Washington Street, 4 h Floor
Salem, MA 01970
jscott@salem.com
Rep. John. D. Keenan
Room 136
State House
Boston, MA 02133
Rep.JohnDKeenan@Hou.State.MA.US
• Alan D. Hanscom, PE
BETA Group, Inc.
315 Norwood Park South
Norwood, MA 02062
AH anscom@beta-inc.com
Robert George
Northside Carting, Inc.
12 Swampscott Road
Salem, MA 01970
CERTIFIED MAIL 7007 0220 0002 1450 9690
•
SalemLdf_City_NOEC08_02_13 2/13/08
• Page 1 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
DRAFT FOR DISCUSSION PURPOSES ONLY
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IMF#39974
In the Matter of ) ADNIINISTRATIVE CONSENT ORDER
City of Salem ) AND NOTICE OF NONCOMPLIANCE
and Northside Carting, Inc ) ACOP-NE-XXXX
(a.k.a Salem Environmental, ) AMENDMENT NO. 1
Inc.) )
I. THE PARTIES
1. The Department of Environmental Protection (the "Department") is a duly constituted
• agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, §7, with a principal
office located at One Winter Street, Boston, Massachusetts 02108, and a regional office located at 205B
Lowell Street, Wilmington, Massachusetts 01887.
2. The City of Salem ("City") is a municipal corporation located in Essex County and duly
organized under the laws of the Commonwealth of Massachusetts, with its principal offices located at City
Hall, Salem, MA 01970. The City owns and has a Solid Waste permit for a Solid Waste Transfer Station
located on Swampscott Road in Salem(the"Facility").
3. Northside Carting, Inc. ("NCI") - a k.a. Salem Environmental, Inc - is a Massachusetts
corporation with a place of business at 210 Holt Road North Andover, Ma. 01845. Mr. Robert George is
President ofNCI.
11. STATEMENT OF FACTS AND LAW
4. The Department is responsible for the implementation and enforcement of M.G.L. c. 111,
§§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR 16.00 and 19.000. The
Department has authority under M.G.L. c. 21A, §16, and the regulations promulgated thereunder at 310
CMR 5.00, to assess civil administrative penalties to persons in noncompliance with its regulations.
5. The City is the owner and permittee of the Salem Transfer Station. NCI operates the
Facility. The City and NCI are collectively referred to as the"the Respondents."
•
SalemMf ACOHH08 06 6/02/08
Page 2 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
6. On April 4, 2002 the Department, the City and NCI entered into an Administrative Consent
Order, File No. ACOP-NE-01-4005, (the "2005 Order") requiring the City to perform or cause the
performance of the following actions:
A. Prohibit any person, including NCI, from conducting any and all solid waste activities at
the site except as authorized by the Department in writing;
B. Comply with the landfill assessment process as set forth in 310 CMR 19.150 and in
the Department's corresponding Landfill Technical Guidance Manual(revised May,
1997) ("Guidance Manual") and implement any remedial responses approved by the
Department;
C. Undertake the landfill assessment and any necessary corrective action(s) according to
the following schedule:
i. By May 6, 2001, submit to the Department an Initial Site Assessment (ISA) and
Comprehensive Site Assessment Scope of Work (CSA Scope) in accordance with
the regulations at 310 CMR 19.000 and the Guidance Manual.
ii. Within ninety(90) days of the Department's approval of the CSA Scope, initiate
the CSA, and install the required monitoring wells in accordance with the
approved schedule established in the CSA Scope.
iii. Within sixty(60) days of each sampling event, submit the results of the sampling
round, and include any proposed modifications to the CSA Scope.
iv. Within ninety(90) days of the completion of the final round of environmental
sampling approved in the CSA, submit a final CSA in accordance with the
regulations at 310 CMR 19.150 et seq, the corresponding Guidance Manual and,
the approved CSA Scope.
v. Within ninety(90) days of completion of the final round of environmental
sampling approved in the CSA, submit a scope of work for a Corrective Action
Alternatives Analysis (CAAA Scope), with a schedule to complete the CAAA, in
accordance with the regulations.
vi. Within sixty(60) days of the Department's approval of the CAAA scope, initiate
the CAAA and complete the CAAA in accordance with the schedule approved by
the Department.
vii. Within sixty(60) days of the Department's approval of the CAAA, submit, for the
Department's approval, a Corrective Action Design (CAD), if necessary, in
accordance with the regulations. The CAD shall include final design plans, an
implementation schedule and details of any existing unapproved or proposed post-
closure use(s). If it is determined that a CAD is not necessary then, within this
same sixty(60) day period, submit an application for any existing unapproved or
proposed post-closure use(s).
viii. By November 1, 2004, complete all necessary corrective actions, including the
installation of an approved final cover system and obtaining approval of any
existing unapproved post-closure uses, in accordance with the regulations,
• Guidance Manual and, the approved CAD.
SalemLDf ACOP&M-06 6/02/08
• Page 3 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
vix. Submit a certification report within sixty(60) days of the completion of any
corrective actions.
7. The City failed to complete any of the required actions by the deadlines established in
ACOP-NE-01-4005.
8. The 2005 Order (ACOP-NE-01-4005) also required NCI (the "Operator") to perform or
cause the performance of the following actions:
A. By May 6, 2001,the Operator shall provide to the Department a Financial Assurance
Mechanism(FAM) for the closure and post-closure monitoring of the Landfill in
accordance with the provisions of 310 CMR 19.051 Financial Assurance Requirements,
B. Submit to the Department a quarterly report following the signing of this Consent
Order, by the fifteenth(15 h) of the following month, indicating the steps it has taken to
comply with the requirements of this Consent Order. The quarterly report shall be
submitted until the Department receives a certification report pursuant to section
III.15.B.8. of the 2005 Order or it has been determined by the Department that final cover
is not necessary;
• C. Within thirty(30) days of the effective date of the 2005 Order submit a Waste Ban Plan
in compliance with and as required by 310 CMR 19.017 et. seq.;
D. Upon the effective date of the 2005 Order prohibit any person from conducting any and
all solid waste activities at the site except as authorized by the Department in writing;
E. Continue to ensure the removal of all solid wastes and recyclable material from the
facility site; and
F. Immediately commence maintenance of a Daily Log at the Facility in compliance
with and as required by 310 CMR 19.220(this is now 19.207(22)).
9. NCI failed to complete any of the required actions by the deadlines established in the
2005 Order(ACOP-NE-01-4005).
10. On March 31, 2005, the City submitted to the Department for approval an application for
a Corrective Action Alternatives Analysis (BWP SW 24, Corrective Action Alternative Analysis,
Transmittal Number W062414) for the closure of the Salem Landfill.
•
SalemMf ACOP&M-06 6/02/08
Page 4 of 12
• DRAFT FOR DISCUSSION PURPOSES ONLY
11. On April 20, 2005, the Department issued a Conditional Approval of the CAAA to the
City and concurred with the selection of Option 4 for the design of closure of the landfill subject in part
to the following conditions:
1. The closure design shall:
a. Extend the limits of the cap to cover the C&D waste materials. In
accomplishing this extension of the cap, either the FML may be extended
under the new building with the FML and related layers designed to
accommodate the loads, or the building foundation shall be integrated into
the impervious layer of the cap.
b. Design the new building foundation to protect the building and its
occupants from explosive gases.
2. The Corrective Action Design(CAD, i.e. the closure plans) application shall be
signed by the appropriate official of the City of Salem. Reports, plans, etc., shall
be signed and sealed by the engineer of record. Each shall include certification
• pursuant to 310 CMR 19.011, as required.
3. The Department reserves the right to amend, modify, suspend or revoke this
approval as necessary to protect the public health, safety or the environment, or as
otherwise necessary to insure compliance with applicable law and/or regulation.
4. The City shall obtain and comply with the requirements of all applicable state,
federal and local laws, regulations, and permits. Concurrently with submitting the
CAD application the City shall submit documentation that the applications for such
other permits and approvals as may be required have been applied for.
5. In consideration of the commercial operating nature of the transfer station by
Northside Carting Inc. and the interdependence of the reconstruction of the
transfer station on the corrective action design, the Department's review of the
CAD shall not be subject to the exemption from application fees granted to
municipalities. The application shall be subject to payment of the applicable fees
for privately owned/operated facilities as established at 310 CMR 4.00.
6. The Department reserves the option to require Northside Carting, Inc. to obtain a
permit, issued to Northside Carting, Inc., for future operation of the facility,
and/or otherwise pay an annual compliance fee as applicable to privately operated
facilities.
•
SalemMf ACOP&M 06 6/02/08
I
• Page 5 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
12. Paragraph III.15.C.7 of the 2005 Order, (ACOP-NE-01-4005), required the City to
submit to the Department a Corrective Action Design(CAD) within sixty(60) days of the Department's
approval of the CAAA, that being June 20, 2005.
13. On June 20, 2005, the City failed to submit the CAD in violation of Paragraph III.15.C.7
of ACOP-NE-0 1-4005 and the Department's conditional approval of the CAAA.
14. NCI failed to provide to the Department a Financial Assurance Mechanism(FAM) for
the closure and post-closure monitoring of the Landfill in accordance with the provisions of 310 CMR
19.051 Financial Assurance Requirement in violation of Paragraph III.15.D. of the ACOP-NE-01-4005.
15. The Department alleges that the City has violated the following requirements:
A. 19.081. Enforcement Provisions
The regulation states:
(1) General. Any failure by any person whose activities are governed by
M.G.L. c. 111, § 150A, as amended, and 310 CMR 19.000,to comply
• fully with their provisions or the terms and conditions of any order,
permit, authorization, determination, or approval issued under 310 CMR
19.000, or with the terms of a site assignment, shall constitute a violation
of the statute and 310 CMR 19.000. Nothing in 310 CMR 19.000, or in
any order issued pursuant thereto, shall be construed to limit any right of
the Department to take enforcement action pursuant to any other authority.
B. 19.020: Permits Required for Solid Waste Management
The regulation states:
(2) Inactive Landfill Facility Filing Schedule
(a) Prior to January 1, 1992,the owner of an inactive landfill or
dumping ground that was in operation after April 21, 1971 but
ceased operations prior to July 1, 1990 shall file:
1. proof that the facility was closed in accordance with
plans approved by the Department; or
2. a final closure and post-closure plan in accordance with
310 CMR 19.030(3)(c)5. if the facility was not closed in
accordance with a closure/post-closure plan approved by
the Department.
•
SalemMf AC0Pdrf08 06 6/02/08
• Page 6 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
C. 19.051. Financial Assurance Requirements.
The regulation states:
(1) Applicability. The provisions of 310 CMR 19.051 apply to:
(a) landfills; and
(b) other facilities which the Department determines on a facility
specific base should provide such financial assurance.
(2) Financial Responsibility for Closure, Post-Closure and Corrective
Action.
(a) The owner or operator of a facility identified in 310 CMR
19.051(1) shall establish or obtain, and continuously maintain,
financial assurance that is adequate to assure the Department that
the owner or operator is at all times financially capable of
complying with the provisions of3I OCMR 19.00 governing the
closure of the facility and its post-closure maintenance. An owner
or operator of a facility shall meet this financial assurance
obligation by using any of the methods authorized in 310 CMR
19.051 (an approved financial assurance mechanism) and shall file
• with the Department and maintain in current form approved
documents constituting or evidencing compliance with this
obligation. Where the Department establishes a form for a financial
assurance instrument the instruments submitted must be identical
to the approved form. Where the Department does not establish a
form the applicant shall submit a draft of the proposed financial
assurance mechanism for Department approval. ......
III. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Parties hereby consent to, the
following Amended Consent Order. This Amendment shall be deemed incorporated into ACOP-NE-01-
4005, which in all other respects shall remain in full force and effect, and shall be enforceable under it.
16. The Department's authority to issue this Order is conferred by M.G.L. c. 21A, §16, and the
regulations promulgated thereunder at 310 CMR 5.00.
17. The Parties hereby waive their right to an adjudicatory hearing before the Department on,
and judicial review of the issuance and terms of this Consent Order and to notice of any such rights of
review.
• 18. This Consent Order shall be binding on the Respondents and on their officers, employees,
agents, successors, heirs and assignees. The Respondents shall not violate this Consent Order and shall not
SalemMf ACOP&M-06 6/02/08
• Page 7 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
allow or suffer their officers, employees, agents, successors, heirs, assignees or contractors to violate this
Consent Order. The Respondents shall provide a copy of this Consent Order to each successor or assignee
concurrent with establishing any succession or assignment.
19. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue any
additional Order or to seek any other relief with respect to the subject matter covered by this Consent Order,
or(ii) any legal or equitable right of the Department to pursue any other claim, action, suit, cause of action,
or demand which the Department may have with respect to the subject matter covered by this Consent
Order, including, without limitation, any action to enforce this Consent Order in an administrative or
judicial proceeding. Notwithstanding the foregoing,the Department agrees that it will not seek to assess the
Parties civil administrative penalties beyond those described in this Consent Order for the violations alleged
in Part II above, provided that the Parties satisfy the terms and conditions of this Consent Order and any
approval issued hereunder.
20. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating,
or in any way affecting, any legal or equitable right of the Department with respect to any subject matter not
covered by this Consent Order.
• 21. The existing 2005 Order, (ACOP-NE-01-4005), shall remain in full effect except as
otherwise modified by the provisions of the following:
The City shall perform or cause the performance of the following actions:
A. Upon the effective date of this Consent Order prohibit any person, including NCI, from
conducting any and all solid waste activities at the site except as authorized by the
Department in writing.
B. Comply with the landfill assessment process asset forth in 310 CMR 19.150 and in
the Department's corresponding Landfill Technical Guidance Manual (revised May,
1997) ("Guidance Manual") and shall implement any remedial responses approved by the
Department including, without limitation the following:
1. Within one hundred twenty days (120) days of the effective date of this Consent
Order, the City shall submit, for the Department's approval, a Corrective Action
Design(CAD). The CAD shall include final design plans, an implementation
schedule and details of any existing unapproved or proposed post-closure use(s).
2. By April 1, 2009, the City shall initiate construction of the landfill closure in
accordance with the approved CAD.
•
SalemLDf ACOP&M 06 6/02/08
• Page 8 of 12
DRAFT FOR DISCUSSION PURPOSES ONLY
3. By December 31, 2009, the City shall complete all necessary corrective actions,
including the installation of an approved final cover system in accordance with
the regulations, Guidance Manual and, the approved CAD.
4. The City shall submit a certification report to the Department within sixty(60)
days of the completion of the construction of the closure in accordance with the
approved CAD.
NCI shall perform or cause the performance of the following action:
D. B August 1, 2008,NCI shall provide to the Department a Financial Assurance
Y � p p
Mechanism(FAM) for the closure and post-closure monitoring of the Landfill in
accordance with the provisions of 310 CNIR 19.051 Financial Assurance Requirements
that has been approved by the Department;
22. The Department hereby determines, and the Respondents hereby agree, that the
deadlines set forth above constitute reasonable times to perform the acts agreed to in this Consent Order
and to address the alleged instances of noncompliance sited in Part II above.
• 23. Should the lease and/or contract between the Respondents be discontinued for any reason,
the City agrees to assume all responsibility for the actions required to be completed by NCI delineated
herein.
24. The actions required by this Consent Order are subject to approval by the Department and
shall be performed in accordance with M.G.L. c. 21C, §5, and the regulations promulgated thereunder at
310 CMR 30.000, M.G.L. c. 111, §§142A-N, and the regulations promulgated thereunder at 310 CMR
6.00-8.00, M.G.L. c. 111, §§l50A and 150A1/2, and the regulations promulgated thereunder at 310 CMR
16.00 and 19.000, M.G.L. c. 21I, and the regulations promulgated thereunder at 310 CNiR 50.00, M.G.L. c.
21, §§26-43, and the regulations promulgated thereunder at 314 CMR 3.00, 5.00, 7.00, 8.00 and 15.00. and
all other applicable federal, state and local laws,regulations and approvals.
25. The City shall pay to the Commonwealth the sum of One Hundred Thirteen Thousand
Seven Hundred Fifty($113,750) Dollars as a civil administrative penalty for the violations listed in Part II
above, as follows:
A. Within thirty (30) days of the effective date of this Consent Order, the City shall pay to the
Commonwealth the sum of Thirteen Thousand Seven Hundred Fifty ($13,750) Dollars. The
Department through this paragraph demands payment of the suspended portion of the civil
administrative penalty assessed under the Paragraph III.20.B of ACOP-NE-01-4005.
Paragraph III.20.B of ACOP-NE-01-4005 provided in the event the City violates any provision
• of ACOP-NE-01-4005, the City shall pay to the Commonwealth the sum of Thirteen Thousand
SalemMf ACOP&M 06 6/02/08
Page 9 of 12
• DRAFT FOR DISCUSSION PURPOSES ONLY
Seven Hundred Fifty ($13,750) Dollars within thirty (30) days of receipt of the Department's
written notice thereof
B. In the event the City fails to meet the requirements cited in Paragraph III.21.B.1. above, the City
shall pay to the Commonwealth the sum of Twenty Five Thousand ($25,000) Dollars within
thirty(30)days of receipt of the Department's written notice thereof.
C. In the event the City fails to meet the requirements cited in Paragraph III.21.B.2. above,the City
shall pay to the Commonwealth the sum of Twenty Five Thousand ($25,000) Dollars within
thirty(30)days of receipt of the Department's written notice thereof.
D. In the event the City fails to meet the requirements cited in Paragraph III.20.B.3. above, the City
shall pay to the Commonwealth the sum of Twenty Five Thousand ($25,000) Dollars within
thirty(30)days of receipt of the Department's written notice thereof.
E. In the event the City fail to meet the requirements cited in Paragraph III.20.B.4. above, the City
shall pay to the Commonwealth the sum of Twenty Five Thousand ($25,000) Dollars within
thirty(30)days of receipt of the Department's written notice thereof.
26. In addition to the penalty in Paragraph III.25 above, if the City violates this Consent Order,
the City shall pay stipulated civil administrative penalties to the Commonwealth in accordance with the
following schedule:
For each day, or portion thereof of each violation, that party shall pay stipulated civil
administrative penalties as follows:
Period of Violation Penalty per day
1st through 15th day $500 per day
16th through 30th day $1000 per day
31 st day and thereafter $2000 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall
continue to accrue until h i t the day the City corrects the violation or completes performance, whichever i
y y p p er s
applicable. Even if violations are simultaneous, separate penalties shall accrue for separate violations of
this Consent Order. Stipulated civil administrative penalties shall accrue regardless of whether the
Department has notified the City of a violation or act of noncompliance. The payment of stipulated civil
administrative penalties shall not alter in any way the City's obligation to complete performance as required
by this Consent Order.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid within thirty
(30) days of the date the Department sends a written demand therefor. If a court judgment is necessary to
execute a claim for such stipulated penalties under this paragraph, the City agrees to assent to the entry of
SalemMf ACOP&M 06 6/02/08
Page 10 of 12
• DRAFT FOR DISCUSSION PURPOSES ONLY
such judgment. The stipulated civil administrative penalties set forth herein shall not preclude the
Department from electing to pursue alternative remedies or alternative civil or criminal penalties which may
be available by reason of the City's failure to comply with the requirements of this Consent Order. In the
event the Department collects alternative civil administrative penalties, the City shall not be required to pay
such stipulated penalties pursuant to this Consent Order.
27. The City and NCI shall pay all civil administrative penalties due under this Consent Order
by certified check, cashier's check or money order payable to the Commonwealth of Massachusetts. The
City clearly print "City of Salem", the file number (ACOP-XXXX), and its respective Federal Employer
Identification Number on the face of its payment, and each shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 398.2
Boston, Massachusetts 02241-3982
The City and the Operator each shall deliver a copy ofthe payment to:
• Edward Pawlowski, Section Chief Bureau of Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205B Lowell Street
Wilmington, Massachusetts 01887
In the event the City fails to pay in full any civil administrative penalty on or before the date due under this
Consent Order, and in the manner and form required by this Consent Order, the City shall pay to the
Commonwealth three (3) times the amount of its civil administrative penalty, together with casts, plus
interest on the balance due from the time the civil administrative penalty became due and attorneys' fees,
including all costs and attorneys' fees incurred in the collection thereof The rate of interest shall be the rate
set forth in M.G.L. c. 231, §6C.
28. If NCI violates this Consent Order NCI shall pay administrative penalties to the
Commonwealth in accordance with the requirements of the ACOP-NE-01-4001 including without
limitation the suspended penalty provisions of paragraph 20.C. and stipulated penalties provisions of
paragraph 21 thereof
29. The City and NCI agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to the Facility for purposes of conducting any
activity related to its oversight of this Consent Order. Notwithstanding any provisions of this Consent
• Order,the Department retains all of its access authorities and rights under applicable state and federal law.
SalemMf ACOP&M 06 6/02/08
Page 11 of 12
• DRAFT FOR DISCUSSION PURPOSES ONLY
30. For purposes of M.G.L. c. 21 A, §16, and 310 CMR 5.00,this Consent Order shall serve as a
Notice of Noncompliance for the Parties' alleged noncompliance with the requirements cited in Part II
above.
31. This Consent Order shall not be construed as, or operate as, relieving the City or any other
person of the necessity of complying with all applicable federal, state and local laws and regulations.
32. This Consent Order may be modified only by written agreement of the Department and the
Parties hereto.
33. This Consent Order shall become effective on the date of the last signature set forth below.
34. Each undersigned representative hereby certifies that he/she is fully authorized to enter into
the terms and conditions of this Consent Order and to legally bind the party on whose behalf such
representative is signing to this Consent Order.
35. All engineering work performed pursuant to this Consent Order shall be under the general
direction and supervision of a qualified registered professional engineer. Any contractual relationship
between the City and an engineer to perform such services shall require the engineer, as a condition of the
. contract, to implement work consistent with the provisions of this Consent Order. The City shall provide
the Department with a copy of such contracts within thirty(30) days of written request by the Department.
The Department shall not be deemed a party to any such contract and does not assume any liability under
any such contract.
36. The City shall pay all permit application fees due under this Consent Order in accordance
with the instructions set forth in the permit application and shall deliver a copy of the payment to:
John A. Carrigan, Section Chief
Department of Environmental Protection
Northeast Regional Office
205B Lowell Street
Wilmington, Massachusetts 01887
37. This Consent Order may be executed in three (3) or more counterparts each of which shall
be deemed an original and all of which shall constitute one and the same instrument.
CITY OF SALEM: NORTHSIDE CARTING, INC.:
By: By:
• Stanley Bornstein Director Robert George, President
City of Salem Northside Carting, Inc.
SalemLDf ACOP&M 06 6/02/08
Page 12 of 12
• DRAFT FOR DISCUSSION PURPOSES ONLY
Department of Public Services 210 Holt Road
93 Washington Street North Andover, MA 01845
Salem,MA 01970 Telephone: 978-686-2020
Telephone 978-745-9595 Federal Employer ID#
Federal Employer ID#
Date: Date:
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
By:
Richard Chalpin, Regional Director
Metropolitan Boston/Northeast Regional Office
205B Lowell Street
Wilmington, Massachusetts 01887
Telephone(978) 694-3200
• Date:
•
SalemMf ACOP&M 06 6/02/08
i
• CITY OF SALEM, MASSACHUSETTS
Kimberley Driscoll
Mayor
April 4, 2008
Honorable Salem City Council
Salem City Hall
Salem, Massachusetts 01970
Re: Swampscott Road Landfill Closure
and Redevelopment Update
Ladies and Gentlemen of the Council:
I would like to take this opportunity to update the Council on the status of the Massachusetts
Department of Environmental Protection(DEP) ordered landfill closure of the former incinerator
site at 12 Swampscott Road and the proposed transfer and redevelopment of the site.
As you know, City officials were ordered by DEP to attend an Enforcement Conference on
March 13, 2008, for the purpose of providing an update on the status of the landfill closure plan.
• In addition, the conference gave the City an opportunity to work on negotiating an agreement
with DEP to modify our existing Administrative Consent Order (ACO) timeline for completion
of the landfill closure, thus bringing us into compliance in an effort to avoid paying a civil
administrative penalty. DEP advised the City that it may be subject to a penalty of$13,750.00,
plus $2,000.00 per day dating back to November 1, 2004 -the date the closure was to have taken
lace ursuant to the original ACO. If a penalty of that magnitude were to be assessed, the
t: ot. tia.' iabilitr,_ :=ex e`' 2 °11Io a art DEP officials were clear that their
preference is to work with municipalities on mutually agreeable closure plans, rather than
penalize communities with high fines. However, they were equally clear that the completion of
the landfill closure of the former
c incinerator site at 12 Swampscott Read is long overdue and
t" . "proceed in a forthright and timely manner for the City to avoid potentially hefty fines.
I personally attended the March 13th conference at DEP, along with Councilors Pelletier and
Pinto, City Solicitor Elizabeth Rennard, Board of Health Chair Paulette Puleo, Bill Thomson and
Robert George of Northside Carting, and Alan Hanscom of Beta Engineering. At the hearing, the
City presented an update to DEP officials of our work to date with regard to soliciting re-use
proposals for the site, a description of the proposals received, and the anticipated process to
move forward with the review and approval of the recommended proposal. In addition, we
presented a revised draft schedule which would initiate final closing of the landfill by April,
2009, provided that DEP officials would agree to extend the closure date in accordance with the
proposed timeline. DEP agreed to amend the ACO to reflect the ro sed new closure date, but
informed us that the _'would(hold`the pea ties" atiri` 'back to November 1 2004 an:abeance
. pending our successful closure of the landfill by the submitted timeline. A copy of the revised
Salem City Hall —93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
closure schedule discussed and agreed to by DEP is attached. As you will notice from the
• schedule, the project has e668 . aua: o ` '. lie nse ;` : Go; a _ . io `, and will be
moving through the MEPA and Board of Health (BOH) review and permitting processes shortly.
As part of the MEPA and BOH processes, several studies have been completed by Northside, the
proposed developer and purchaser of the site, relative to L,,Litt:. raffic is'`. The BOH
will be retaining consultants to conduct peer reviews of these reports, in addition to a review and
cost verification of the proposed closure costs prepared by Beta Engineering.
Given the City's budgetary challenges, we do not have the estimated $2.8 million dollars
necessary to pay for the costs associated with closing the landfill. Assuming the project receives
the required approvals from the Board of Health and City Council as proposed in the attached
timetable, we will need to work diligently to meet the agreed upon closure schedule. In other
words, in order to avoid further DEP penalties, closure by 2009 will require that the
project approvals occur in accordance with the attached timeline.
Most importantly, by transferring the site to the proposed developer, we will be able to avert the
cost of closure at the site(currently estimated at $2.85 million), while at the same time putting
the property back on the tax rolls and generating annual revenues from both real estate taxes and
the proposed per ton tipping fee (combined estimate at $200,000 per year). Lastly, the aesthetics
of the site would be markedly improved and residents would still be able to avail of certain
services at the facility, such as yard waste drop off and the disposal of bulky and white goods.
I encourage you to support this project as it will benefit the entire community and relieve the
City of a substantial liability. Please feel free to contact me with any additional questions or
• concerns regarding this matter, or if there is additional information that you feel would be
helpful.
Very truly yours,
Kimberley Driscoll
cc: Salem Board of Health
•
Salem City Hall —93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
(a) Incorporation into the Record. Upon its issuance, the decision shall be incorporated
• into the Record and made available for inspection and copying as set forth in 310 CMR
16.20(8)(a).
b Time of Notice. � ti en a s �ssuance Hof i s decision'th boar shut ' `ialilis
d f�is;de i i"n�n s e nnerjas set f hC 6
Mob—e .:e at ec�s�on Il cle tify b scant, b efly escri
�e ro o ed facili: ne �; is ovation nd se o �oa d terrtinai� h
a eaft " a , � � a s .> ub ica"o ` is once° fDecision:d " al��u e
erv' rov lions of :C. c.- 0_ 4
•
•
f
• CODE OF MASSACHUSETTS REGULATIONS
TITLE 310: DEPARTMENT OF ENVIRONMENTAL PROTECTION
CHAPTER 16.00: SITE ASSIGNMENT REGULATIONS FOR SOLID WASTE FACILITIES
Current through September 18, 2009, Register #1139
16.20: Public Hearing Rules
(1) Preamble. "Public Hearings" pursuant to M.G.L. c. 30A are not "Adjudicatory
Proceedings" within the meaning of M.G.L. c. 30A, § 1. See M.G.L. c. 30A, § 2. Pursuant
to M.G.L. c. 111, § 150A, however, "for the limited purpose of appeal from such public
hearings, a local board of health shall be deemed to be a state agency under the
provisions of said chapter thirty A and its proceedings and decision shall be deemed to be
a final decision in an ad judicatory roceeding" eub i ea gprocess�s,designed to
ermi he exrbility,and informality p'propnate#othe�brdhealt�l�,.proceeding, . hil�
oi#c) e b�artl finealt- P.With�procecu�ral directiNON",
tie autho"ri to c" 1e
ecord-J: rid dnde�`aa ec sio �Ofhifi, T itediti``a erio which is amenable to the
procedures and the standards of judicial review applicable under M.G.L. c. 30A, � 14.
2 ApPlicability. l ;CMRi620' Querns econduct o ubli earin9s by a boar"=o
ea t..on a S to ssigiimenAl- 1JU t,619following the iss rice of a ReportSbyyth
= ;
epa en i in' at a o{osed�ite is a,, itabl"e fore%specified ae(s Hof solid waste
acilit s" as required by M.G.L. c. 111, 150A.
(3) Public Hearing Definitions. The following words when used in 310 CMR 16.20, shall,
except as otherwise required by context, have the following meaning:
Abutting Board of Health means a board of health of a municipality located within 1/2
• mile of a boundary of the proposed site.
Applicant means person named in the application as the owner of a property interest in
the site and the operator of the proposed facility where the owner has entered into an
agreement with an operator at the time the application is filed.
Authorized Representative means individual authorized by a party to represent him in
these matters.
Board of Health or (Board) means legally designated health authority of the city, town or
other legally constituted governmental unit within the Commonwealth having the usual
powers and duties of the board of health of a city or town, or its authorized agent or
representative; provided that in any case in which a solid waste management facility
extends into the geographic areas of two or more boards of health, said boards may
coordinate activities in effecting compliance with 310 CMR 16.00 for the management of
solid waste. Unless otherwise explicitly stated, "the board of health" means the board of
health of the municipality in which the proposed site is located.
Decision means final decision rendered by the board of health.
Hearing Officer means an individual(s) duly designated by the board of health to conduct
the public hearing.
Papers means all written communications filed in the public hearing, including motions
and other documents.
Party means the applicant, any abutting board(s) of health and any abutter(s), group of
• ten citizens or other intervenor duly registered pursuant to 310 CMR 16.20(9)(b).
Person(s) means a private person, firm, or corporation, or any federal, state, or local
• governmental or other entity which is not an agency.
Subpoena means a document which commands a witness to appear at a given time and
give testimony before a court or an administrative proceeding such as a hearing; and
may require the witness to produce before the hearing tribunal any documents, papers,
or records in his possession or control.
(4) Representation
(a) Appearance. An individual may appear on his own behalf. A duly authorized officer or
employee may represent a corporation; an authorized member may represent a
partnership or joint venture; and an authorized trustee may represent a trust. Any Party
in the public hearing shall have the right to be accompanied, represented and advised by
an authorized representative.
(b) Notice of Appearance. An appearance shall be made in the public hearing by filing a
written notice with the board of health or Hearing Officer. Such notice shall contain the
names, address and telephone number of the authorized representative.
(5) Time
(a) Timely Filing. Papers required or permitted to be filed under 310 CMR 16.20, or any
provision of the applicable law must be flied at the board of health office or such other
place as the board shall designate within the time limits for such filing as are set by 310
CMR 16.20 or the Hearing Officer. Papers filed in the following manner shall be deemed
to be filed as set forth herein:
• 1. Hand-Delivery during business hours shall be deemed filed on the day delivered.
2. Hand Delivery during times other than during regular business hours shall be deemed
filed on the next regular business day.
3. Mailing in U.S. Mail shall be deemed filed on the date so postmarked.
All papers shall show the date received by the board and the board shall cooperate in
giving date receipts to Persons filing papers by hand-delivery.
(b) Notice of Board of Health Actions. Communications concerning public hearings
pursuant to 310 CMR 16.00 from the board or the Hearing Officer shall be presumably
deemed received upon the day of hand-delivery or if mailed three days after deposit in
the U.S. mail.
(c) Computation of Time. Unless otherwise specifically provided by law or 310 CMR
16.20, computation of any time period referred to in 310 CMR 16.20 shall begin with the
first day following the act which initiates the running of the time period. The last day of
the time period so computed is to be included unless it is a Saturday, Sunday, or legal
holiday or any other day on which the office of the board is closed, in which event the
period shall run until the end of the next following business day. When the time period is
less than six days, intervening days when the board is closed shall be excluded in the
computation.
(d) Extension of Time. It shall be within the discretion of the board or Hearing Officer, for
good cause shown, to extend any time limit contained in 310 CMR 16.20. All requests for
extension of time shall be made by motion before the expiration of the original or
• previously extended time period. This discretion shall not apply to any limitation of the
time prescribed by the Massachusetts General Laws.
(6) Filings Generally
(a) Title. Papers filed with a board shall state the report number, the title of the
proceeding, the name of the Person in whose behalf the filing is made and the name of
the applicant.
(b) Signatures. Papers filed with a board shall be signed and dated by the Party on whose
behalf the filing is made or by the Parry's Authorized Representative. This signature
constitutes a certification by the signer that he has read the document, knows the
content thereof, and that such statements are true, that it is not interposed for delay and
that if the document has been signed by an Authorized Representative that he has full
power and authority to do so.
(c) Form. Size and printing requirements. All Papers, except those submittals and
documents which are kept in a larger format during the ordinary course of a Parry's
business, shall be hand-printed or typewritten on paper 8 to 8 1/2 inches wide, by 11
inches long. Mimeographed, multigraphed, photoduplicated Papers will be accepted as
hand-printed or typewritten. All papers shall be clear and legible.
(d) Copies. The original of all Papers shall be filed together with two copies.
(e) Service. Simultaneously with all filings of any and all Papers with the board, the Party
filing such Papers shall send a copy thereof to all other Parties to the proceedings, by
delivery in hand, or by United States mail, postage prepaid, properly addressed. All
papers filed with the board shall be accompanied by a statement signed under the pains
and penalty of perjury that copies have been sent, specifying the mode of service date,
the Party to whom sent, the Party's address, and address of service. Failure to comply
• with this rule shall be grounds for refusal by the board to accept Papers for filing.
Any Party may request a waiver of the requirement of 310 CMR 16.20(6)(e). The Hearing
Officer may grant the request if significant expense or waste of resources would be
avoided and if adequate arrangements can be made for access to the Papers by all
persons who would otherwise be entitled to service of a copy.
(7) Initiation of Hearings.
(a) Commencement. The board shall commence a public hearing pursuant to 310 CMR
16.40 within 30 days of receipt of the Department's Report On Suitability (Report).
b Public Notice t leash daysnor to comrrlericementof the public hearng}th'-.
'oard sk a 1 toYfy �a ti s �der�tifi at 31°= CMR 6 08f f the�hea ing; Y cerfA
ails and�cause'noticeofepu(i(�ichear.�ngo�beoublisldi Such notice shall be
published in daily or, if not possible, weekly newspapers of general circulation in the
municipality. Where the municipality has a population of greater than 15% of residents
that do not speak English as their primary language, the board of health shall publish an
additional notice in a daily or weekly newspaper(s) circulated in that community written
in the primary language(s) of those residents.
c Forrnhd Content The notice shalt; ive the date time and�locatioh tof the publi
- '4"5+ Vlx
arng a dec ptio Hofti ero o ed" crT� i nc�udngi the ty e of ac,,(ip p '
�� ty ro ose
tsosea o age prop sed hou s o aperatfo the_dentrt{ands �Jnaddressot
a t r
41pan,t on the publ c�ocat waif s corn unity and ho�s,whe e�the�a pal cat o 4
enspected, thetime period for wr�tken co ment on the ca hoh board b
I�e�address ito�u�ht hcornrnef�ts sho d be,�ii�ailed In ad�i'irio� ttaeo'�ieesl�allColrftain=t e
o�owin� stateme t��T)�e�epar-trne�nht ofEn���onrnental�A o�te�o �as issue ���.R port
. hich' t determin�es�that=theme=above desciibed`place:`is a`suttabl�.plaCe::,forthe'-p�;,opased.
-t-yCopesof fheD�eprtment' Report Oi�sSu�tability,ar�dtheitesuitabilitycr�tri
CMR160 aava'lab e, o �yng aid eisaminationa ongwith t e a .�.c 't
(8) Examination of Record Below; Discovery
(a) Availability of the Record. The Report, the application, and all comments received by
the Department on the application are public records and shall be made available by the
board for inspection and copying by any person during reasonable business hours. The
board may charge reasonable copying fees for any of the documents comprising the
record below. There shall be no additional discovery.
(b) Prefiled Direct Testimony. The Hearing Officer may, on his/her own motion, order all
Parties to file within a reasonable time in advance of the public hearing full written text of
the testimony of their witnesses on direct examination on issues pertinent to site
assignment, including all exhibits to be offered into evidence, or on issues specified by
the Hearing Officer. Such testimony shall be filed by or before a time specified by the
Hearing Officer and shall be available to examination and copying as provided in 310 CMR
16.20(8)(a). The Hearing Officer may also require the filing of written rebuttal testimony
within a reasonable time after the filing of the direct testimony described in the preceding
sentence. All testimony filed pursuant to this rule shall be subject to the penalties of
perjury. All witnesses whose testimony is filed pursuant to this rule shall appear at the
hearing on the merits and be available for further examination or cross-examination at
the discretion of the Hearing Officer. If a witness is not available for further examination
or cross examination at the hearing on the merits, the written testimony of the witness
shall be excluded from the record unless the Parties agree otherwise.
(9) Intervention and Participation.
(a) Intervention. Any Person who with good cause wishes to intervene in a public hearing
shall file a written request (petition) for leave to intervene. Persons whom the Hearing
Officer determines are specifically and substantively affected by the hearing shall be
allowed to intervene. For the purpose of the Public Hearing the following persons shall be
considered to be specifically and substantively affected by the hearing and shall be
eligible to register as a Party to the hearing:
1. Abutters. Any abutter or group of abutters to the proposed facility shall be a Party to
the hearing by timely submission of a Party Registration Statement in accordance with
310 CMR 16.20(9)(b).
2. Ten Citizens Groups. Any group of ten or more persons may Register collectively as a
Party to the public hearing in which damage to the environment, as defined in M.G.L. c.
214, q 7A, or public health and safety are or might be at issue; provided, however, that
such intervention shall be limited to the issues of impacts to public health, safety and
damage to the environment and the elimination or reduction thereof in order that any
decision in the public hearing shall include the disposition of such issue.
(b) Registration. The registration of an abutter, group of abutters or ten citizen groups as
a Party or the petition of a person to be an intervenor to the public hearing shall be valid
only if submitted prior to the commencement of the hearing. The registration statement
shall be signed under pains and penalty of perjury and contain the following information:
1. name and address of the registrant(s);
2. proposed party status (abutter, group of abutters, ten citizen group or intervenor);
• 3. identity of the Authorized Representative, if any;
• 4. for individuals wishing to register as an abutter a description of the abutting property
including its boundaries and current use and a statement that the registrant is the owner
of the parcel; and
5. for individuals or groups of individuals petitioning to be an intervenor a statement
indicating how they will be substantially and specifically affected by the proposed facility.
If no Authorized Representative is identified in the Registration Statement the first person
mentioned in the Statement as a member of the group shall be deemed the Authorized
Representative of the group. Said Authorized Representative shall have the sole authority
to sign submissions by the group. A group that registers as a Party shall be collectively
deemed a Party and shall have the rights of participation of a Party as set forth in 310
CMR 16.20, except as limited by 310 CMR 16.20(9).
(c) Rights of Intervenors. Any person permitted to intervene shall have all rights of, and
be subject to, all limitations imposed upon a Party, however, the Hearing Officer may
exclude repetitive or irrelevant material. Every Petition to intervene shall be treated as a
petition in the alternative to participate.
(d) Rights of Participants
1. er"so`.'spe '1 c .i a ected o i s all e�ier"-is 'e o a apate
e. , o o p, i �� i i �e i o� esen
s f e 32151 Permission to participate, unless
otherwise stated, shall not be deemed to constitute an expression that the person
allowed to participate is a party in interest who may be aggrieved by any final decision.
• 2. Participants shall not be required to submit to cross examination except upon the
determination of the Hearing Officer that cross examination is necessary in the interest of
a full and fair hearing and an adequate record. Such cross examination of participants
shall be conducted through the Hearing Officer. Failure of a Participant to submit to cross
examination allowed by the Hearing Officer shall be grounds to strike the Participant's
statements.
(10) Conduct of Public Hearing.
(a) Public Hearings, Where Held. Hearings shall be held at a public meeting hall,
appropriately sized to accommodate all Parties and the number of eersons reasonably
anticipated to attend in the ci or town. where the site is located the°publicrhearrna h
rto r `a" ;gin lAt"A b e =:rb �t a-1 �" -"n � .� rrangements by the board to provide a
place for such public meeting shall anticipate that the public hearing may extend for
several days.
(b) General. Hearings shall be as informal as may be reasonable and a ro riate under
the circumstances. e� plicantsF�all e t e`° artytofirst proceedtontro MO -:evident'
Billd1 stiino "y excepts s:o�ere by,t;e.Heanna� fi ery
(c) Decorum. All Parties, Authorized Representatives, witnesses and other persons
present at the public hearing shall conduct themselves in a manner so as not to obstruct
or delay the orderly presentation of evidence and issues. Where such decorum is not
observed, the Hearing Officer may take appropriate action.
(d) Hearing Officer. hieiear�ngO �cer��ha I'define issues, receive"and,cons�der releva t
ndreldb�e evadenceadclude trrela>atev�de ce�ensire�ander ,eenta ion�o>�
• 3he ev'den :'s ues- an i = the and; rea"'h`irn,g_a=decision ba`sed.or�.. he evidence
re ted
(e) Rights of Parties. All Parties shall have the right to present evidence, cross-examine,
make objections and make oral arguments. Cross-examination shall occur immediately
after any witness' testimony has been received. Whenever appropriate, the Hearing
Officer may permit redirect and recross.
(f) Evidence and Testimony
1. A witness' testimony shall be under oath or affirmation.
2. All evidence and testimony, materials and legal rules on which a decision is to be
based must be entered into the Record of the public hearing, unless excluded pursuant to
3. Witnesses giving testimony shall be available for such further examination or cross
examination as is determined to be appropriate by the Hearing Officer. Failure of a
witness to be so available may be grounds to strike any other testimony given by such
witness from the record at the sole discretion of the Hearing Officer. The Hearing Officer
may limit or exclude unduly repetitious or irrelevant evidence. The Report and the
Department Record shall not constitute testimony for the purposes of 310 CMR 16.20
4. All documents and other evidence offered in evidence shall be open to examination by
�
the Parties.
S. All evidence including any records, investigative reports, documents and stipulations �
which are to be relied upon in making a decision must be offered and made o part of the
Record. Documentary evidence may bein the form of copies or excerpts, or by
�- incorporation by reference. �
�
/gl Administrative Notice. The Hearing Officer or the board of health may take notice of
any fact which may be judicially noticed by the courts, and in addition may take notice of
general, technical or scientific facts within their specialized knowledge. Parties shall be
notified of the material so noticed, and they shall be afforded an opportunity to contest
the facts so noticed. The board may utilize their experience, technical competence and
specialized knowledge in the evaluation of the evidence presented to them.
/h\ Subpoenas. No subpoenas may be issued or enforced requiring the attendance and
testimony of a witness or the production of documents at the public hearing.
(i) Transcript of Proceedings.
e . /n such event, a
stenographic record shall be provided to the board or Hearing Officer at
expense to
the board, and upon such other terms as the board or Hearing Officer shall order.
/i\ Contents of Record. The record of the proceedings shall include the Department's
Report On Suitability and accompanying Record, the Department ofPublic Health report,
if any, and shall in addition, consist of the following items appropriate to the hearing:
pleadings, pneheahng conference memoranda, magnetic tapes, orders, briefs, and
memoranda, transcripts, exhibits and other papers or documents which the Hearing
Officer has specifically designated be made part of the record.
��� /h1Dedsion.
i1i Mn "
2. Standard of Decision.
as
lu
3. Tentative Decisions. Tentative decisions shall not be issued as a matter of routine, but
shall be issued only if a Party requests a tentative decision either in writing or orally on
the record, prior to the close of the hearing on the merits; or if the board determines that
a tentative decision should be issued in the interest of justice. Every tentative decision
shall be in writing and shall be signed by a majority of those officials of the board who
rendered the decision. Every tentative decision shall contain a statement of the reasons
therefor, including a determination of fact pertaining to each of the site suitability criteria
listed in 310 CMR 16.40 or law necessary to the decision. If the majority of the board
who must sign the final decision have personally heard or read the evidence, the board
shall not be required to comply with a request to issue a tentative decision.
4. Final Decision. Every final decision shall be in writing and shall be signed by a majority
of those officials of the board who rendered the decision.
W-it' MUts Men -To I D
provided that if a final decision was preceded by a tentative decision, the final decisions
may incorporate by reference those determinations set forth in the tentative decision,
subject to such modifications and discussion as the Hearing Officer or board may deem
appropriate to respond to timely filed opposing and concurring views with the tentative
(11) Selection and Qualification of Hearing Officer
(a) The Hearing Officer shall be selected by majority vote of the board of health.
(b) The person selected to be the Hearing Officer shall be impartial and have the requisite
qualifications to properly perform the duties and responsibilities of a HeariQq ,Officer.
Except as agreed to by the parties and a majority of the board of health,
abutting board of health member, party, abutter, or
'06SE seMH63D or a municipality of an abutting board of health prior to
It g066�.`E=40--Voev
selection as Hearing Officer. Notwithstanding the aforesaid, a person who has previously
served as a Hearing Officer is not excluded from subsequent service as a Hearing Officer;
3. has a personal financial interest or at the time of selection or at any time during the
proceedings be employed by any person having a financial interest in the board's decision
on site suitability; or
4. does not have 8Xp8r8DD8 by training Or practice in CODdUcdDg administrative or
judicial proceeding's.
• 1. opening and closing the hearing;
2. establishing the order of the proceedings;
3. ensuring that only reliable and relevant testimony is introduced;
4. assisting all those giving testimony to make a full and free statement of the facts in
order to bring all information necessary to determine whether a site is suitable or not
suitable;
5. ensuring that all Parties have an opportunity to present their claims orally or in writing
and to present witnesses and evidence relevant to the suitability or non-suitability of the
si te;
6. ensuring that participants have an opportunity to present evidence, whether orally or
in writing, relevant to the suitability or non-suitability of a site;
7. introducing into the record any regulations, statutes, memoranda or other materials he
believes relevant to the issues at the proceeding;
8. receiving, ruling on, limiting or excluding evidence pursuant to 310 CMR 16.20(10)(f);
and
9. establishing a date and time following the close of hearing until which time written
evidence will be received, considered and made part of the record.
Where procedural issues arise regarding the conduct of the hearing which are not
• governed by 310 CMR 16.20 the Hearing Officer may rely on 801 CMR 1.00: Standard
Adjudicatory Rules of Practice and Procedure, to resolve such issues.
(d) Powers. e: " "ar'ri' is o shall include the authority to:
1. request a statement of the issue or issues and define the relevant issues;
2. regulate the presentation of the evidence and the participation of the Parties or their
representatives, or the participation of other Persons, for the purpose of ensuring an
adequate and comprehensible record of the proceedings. To this end the Hearing Officer
may conduct his own examination of witnesses, may require that all examination or cross
examination of witnesses be directed through the Hearing Officer, through some other
person, or by any other means or method of examination or cross examination of
witnesses as he determines is appropriate to ensure full examination of the issues; and
3. regulate the presentation of the evidence and the participation of the Parties or their
representative or the participation of other Persons for the purpose of ensuring that the
public hearing is concluded in a timely manner to allow the board to render a written
decision within 45 days of the commencement date of the public hearing. To this end the
Hearing Officer shall impose such time restrictions and limitations on oral presentations
as he deems appropriate.
-1£� Z ositior 'of o itionS�Tf)e oard nay�rclu etin r decisionfo bniMi it
.sus g rnen suchlmitatonsw�ths e t nth exi ch'� r nd at e o he
iv
"°'—"1
acility::o expansion thereof, a��aay be a�ecessaryoensu e�that he$faclltyoAexpan'sion'
her�bfwill�iot� resent�a"�hrea�=:}to �ie:s `'` �"� "��`fit u'�bfic�ahealf>j �s'�f�� �r he en�'�ronm
(13) Notice of Decision.
•
Board of Health
Protocols and Procedures
I. Mission/Objectives of The Board of Health
*Responsible for protecting and promoting resident and visitor health through enforcement of MA
Department of Public Health and MA Department of Environmental Protection sanitary and environmental
codes and statutes,as well as local regulations and ordinances.
*Works to improve residents'health status by enhancing access to health care for the most vulnerable of
the population;limiting youth access to tobacco products;providing vaccines to the health care providers;
operating clinics;conducting surveillance of contagious diseases;and collaborating with other agencies that
promote health.
*Actively planning for infectious disease emergencies that may be presented by bio-terrorism. Such
planning improves our ability to respond to natural threats,as well such as SARS and the Avian Influenza
virus.
bq://www.salem.com/Pages/SalemMA Health/index
II. Meeting Procedures & Protocols
A. Informal Procedure in Small Boards
• The rules for small boards,however,are different.Refer to RONR loth ed p.470-471,:
"In a board meeting where there are not more than about a dozen members present,some of the formality
that is necessary in a large assembly would hinder business."
The rules for meetings of small boards are different from the rules that govern other assemblies,in the
following ways:
• Board members do not have to stand or be recognized by the chair in order to speak or make motions.
• Motions need not be seconded(they may be but are not required).
• A board member may speak any number of times on a question(not just two),and motions to close or
limit debate are generally not permitted.
• A motion does not have to be pending in order to discuss a subject informally.
If a proposal is clear to those in attendance,a vote can be taken without a motion being made.
• Votes can be taken initially by a show of hands(except in the case of elections where vote should be
by ballot).
• It is not necessary for the chairman to rise when putting a question to a vote.
• The chairman can enter debate without rising or relinquishing the chair.
• Subject to a rule or custom of the particular board,the chairman usually can make motions and vote
without the limitations of larger assemblies where the chairman should maintain an appearance of
impartiality.
However,if at any time,a lack of order prevents the business of the board from being accomplished,the
chair may return to formal rules of conducting a meeting and will advise the members that parliamentary
• rules of order are in place(i.e.being recognized by the chairperson before speaking,observing formal
rules of debate, stating a question before taking a vote).
• B. Procedure of Unanimous Consent
"Unanimous consent enables a motion to be adopted or some action to be taken without the necessity of
having the chair state the question on a motion and put the motion to a vote. It even permits taking action
without the formality of a motion being made at all.The chair simply asks the assembly if there is any
objection to taking the desired action,and if no member then objects,the chair declares that the action has
been agreed to."
C. Minutes of Meetings
The Open Meeting Law(as well as the Public Records Law,G.L.c.66, §5A)requires every governmental
body to maintain accurate minutes of all its meetings.At a minimum,minutes must set forth the date,time,
and place of the meeting,the identity of the members present or absent,and all"action taken."
The District Attorney has interpreted the term"action taken"to include not only votes and other formal
decisions made at a meeting,but also discussion or consideration of issues for which no vote is taken or
final determination is made.12 It would be sound practice to also include in the minutes a summary of each
discussion held at the meeting.However,a verbatim record of each discussion is not required.See G.L. c.
66, § 5A.If votes are taken at a meeting,the minutes must record each vote exactly as it occurred.
If a governmental body keeps in mind that minutes are meant to serve as a record of what was done at a
meeting and not necessarily all that was said, full compliance with the Open Meeting Law's record keeping
requirements will likely be assured.
http://www.mass.gov/Cago/docs/Government/openmtqquide.l)df
D. Site Visits
• Elizabeth Rennard, Esq.,City Solicitor
"You have asked whether the Board must post an on-site visit to the transfer station or any other facility the
Board inspects to be in compliance with the open meeting law. No,the law specifically exempts on-site
visits from the definition of meeting. MGL c.39 s.23A defines a meeting as:
"Meeting",any corporal convening and deliberation of a governmental body for which a quorum is
required in order to make a decision at which any public business or public policy matter over which
the governmental body has supervision,control,jurisdiction or advisory power is discussed or
considered;but shall not include any on-site inspection of any project or program." Please keep in
mind,though,that during the on-site inspection,there cannot be any deliberation which is defined as:
"Deliberation",a verbal exchange between a quorum of members of a governmental body attempting
to arrive at a decision on any public business within its jurisdiction.
Please note that Chapter 28 of the Acts of 2009,to take effect next July, further define these terms:
"Deliberation",an oral or written communication through any medium,including electronic mail,
between or among a quorum of a public body on any public business within its jurisdiction;provided,
however,that"deliberation" shall not include the distribution of a meeting agenda, scheduling
information or distribution of other procedural meeting or the distribution of reports or documents that
may be discussed at a meeting,provided that no opinion of a member is expressed.
•
"Meeting",a deliberation by a public body with respect to any matter within the body's jurisdiction;
provided,however, "meeting" shall not include:
(a) an on-site inspection of a project or program,so long as the members do not deliberate;
(b) attendance by a quorum of a public body at a public or private gathering,including a conference or
training program or a media,social or other event,so long as the members do not deliberate;
(c) attendance by a quorum of a public body at a meeting of another public body that has complied with
the notice requirements of the open meeting law, so long as the visiting members communicate only
by open participation in the meeting on those matters under discussion by the host body and do not
deliberate;"
http://www.mass.gov/Cago/docs/Govemment/openmtgguide.pdf
E. Sub-Committee vs. Work Assignments
Elizabeth Rennard,Esq.,City Solicitor
"If the Board votes to create a sub-committee to work on an issue,that sub-committee is a separate
body. If a quorum of that new body meets to(deliberate)discuss a matter,the meeting must be posted.
However,if the Board of Health asks three members to independently research a matter and the three
members simply make a site visit and then report back to the full board before deliberation,then
there would be no meeting to post of those three members. I have attached a link to a guidebook that
explains this in more detail starting on page 5."
http://www.mass.gov/Cago/docs/Govemment/openmtg ug ide•pdf
• F. Role of Council Liaison
Elizabeth Rennard,Esq.,City Solicitor
"When a councilor is assigned as a liaison to a board,he or she has no authority to act as a member.
He or she is treated as any other citizen or city official when attending a board meeting.A liaison is
generally defined as a person who initiates and maintains communications between organizations(in
this case the council and a board)in order to ensure concerted action,cooperation,etc.It has been my
experience that council liaisons follow the agenda items before a board and may notify a board of any
related matter before the city council or an ordinance the board may not be aware of. In addition,a
councilor may bring a matter to the city council that is of concern to a board which may necessitate
legislative action in the form or an ordinance,order or resolution."
10/09