12 SWAMPSCOTT ROAD-DEP-EXPLORATORY TEST BORINGS CONDITIONAL APPROVAL 12-28-21 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Northeast RegilR iEe r aowell Street, Wilmington MA 01887.978-694-3200
Charles D.Baker JqN 0 3 2U22 Kc!h!eer.A.Thec`:ar!dcc
Governor Secretary
Karyn E.Polito Martin Suuberg
Lieutenant Governor CITY OF SALEM
BOARD OF HEALTH Commissioner
December 28,2021
David Knowlton RE: SALEM—Solid Waste Management
Department of Public Works Salem Transfer Station and Ash Landfill
City of Salem . 12 Swampscott Road
93 Washington Street FMF Number: 39974
Salem,MA 01970
BWP SW45/Any Facility-Alternative Review
Authorization Number: SW45-0000143
Exploratory Test Borings
Conditional Approval
Dear Mr. Knowlton:
The Massachusetts Department of Environmental Protection,Northeast Regional Office,
Bureau of Air and Waste, Solid Waste Management Section(MassDEP)has reviewed your
application, category BWP SW45 Any Facility—Alternative Modification, Application
Number: 2 1-SW45-0043-APP(the Application),proposing test borings at the Salem Transfer
Station and Ash Landfill site(the Site) located on Swampscott Road in Salem,MA. The
Application was prepared and submitted to MassDEP on behalf of the City of Salem (the City
or Permittee)by Weston and Sampson, Inc. (WSE) of Reading, MA.
DISCUSSION
The Application proposes to install nine exploratory test borings at the Site to support the
feasibility study efforts for the potential redevelopment of the Site. As stated in the
Application,the borings will include standard penetration testing(SPT) of the soils and
logging of soil, fill and waste materials(if encountered). Borings will be installed to depths
of up to 3-5-feet, as indicated on Figure 2—Soil Boring Location Plan included with the
Application.
Materials will be removed and stockpiled on polyethylene sheeting during boring
advancement. If waste materials are encountered during the borings,the material will be
separately stockpiled on polyethylene sheeting.
Soils will be inspected,recorded,and photographed. Drill cuttings and spoils will be
returned to the boring location at the appropriate depth from which they originated. Soils will
be replaced as required,and the area around each boring will be restored to pre-drilling
conditions.
This information is available in alternate format Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751.
TrY#MassRelay Service 1-800.439-2370
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
SALEM—Salem Transfer Station and Landfill Page 2 of 5
Exploratory Test Borings(BWP SW45/Authorization Number: SW45-0000143)
DECISION
MassDEP has reviewed the Application pursuant to 310 CMR 19.000,the Solid Waste
Management Regulations and approves the Application subject to the City's compliance with
the conditions of this decision imposed by MassDEP pursuant to 310 CMR 19.043(1),Items
Subject to Conditions.
This decision is issued by MassDEP pursuant to M.G.L.Chapter 111, § 150A and the
implementing regulations thereunder at 310 CMR 19.000,the Solid Waste Management
Regulations. This decision does not relieve the City, or any other person, of the
responsibility to comply with all other applicable federal, state and local statutes,regulations
and requirements.
This decision allows the City to complete the exploratory test borings at the locations shown
on the site plans included with the Application. In issuing this decision, MassDEP is not
authorizing any construction or any other modification of the facility. The installation of any
improvements will require the submittal of a separate application for MassDEP review and
approval, as appropriate.
CONDITIONS
1. The Permittee shall comply with this decision and the requirements of 310 CMR
19.000, including, but not limited to,the requirements established at 310 CMR
19.043(5),Standard Conditions.
2. The Permittee shall comply with 310 CMR 40.0000,the Massachusetts Contingency
Plan,including,but not limited to, section 310 CMR 40.0114: Solid Waste
Management Facilities.
3. The Permittee shall ensure persons conducting activities at the Site are familiar with
the applicable provisions of this decision and the approved plans, and that all work
performed at the Site complies with 310 CMR 19.000 and the applicable requirements
of this permit.
4. All work under this decision shall be completed and conducted under the supervision
of an independent Massachusetts Registered Professional Engineer(Engineer of
Record)who shall have sufficient qualified staff on-site to provide field supervision
and quality assurance/quality control for all construction activities.
5. Required Submittals:
a. Notification of Construction Schedule: Prior to commencing work pursuant to
the Application and this decision,the Permittee shall notify MassDEP and the
Salem Health Department(the Health Department) in writing of the scheduled
date of the commencement of work at the Site. In addition, the Permittee shall
provide to MassDEP and the Health Department:
i. The projected schedule for completion of the project;
ii. The name and contact information of the Engineer of Record for the
project;
iii. The name and contact information of an on-site contact for the project;
and
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Exploratory Test Borings(BWP SW45/Authorization Number: SW45-0000143)
iv. A Health and Safety Plan for the project. (Also refer to Condition 6,
below.)
b. Construction Certification R ort: On or before sixty(60) days after the date of
completion of the project,the Permittee shall submit to MassDEP a construction
certification report. The certification report shall include,but is not limited to:
i. A site-plan showing the locations of the borings prepared by a
Massachusetts Registered Professional Engineer;
ii. A report,prepared by the Engineer of Record,that provides,in part,the
results of the exploratory borings and corresponding boring logs,and
discusses any modifications made to the approved project;and
iii. Certifications by the Permittee and the Engineer of Record pursuant to
310 CMR 19.011.
6. The Permittee shall ensure that all necessary actions are taken to protect the health
and safety of workers and the general public during the boring program. The ambient
air above each boring shall be monitored for volatile organic compounds(VOCs)and
methane, and the observations of said monitoring shall be documented. A Health and
Safety Plan for the project shall be developed that includes,but is not limited to,
protocols for monitoring of landfill gas(methane, hydrogen sulfide, etc.).
7. The City shall limit all disturbance of the Site to the proposed borings as depicted and
described in the Application Number: 21-SW45-0043-APP, and this decision. Any
additional activities or modifications not described in the Application may require
notification of MassDEP,and the preparation and submittal of a separate application
for permit modification.
8. All drill cuttings from the borings shall be placed and temporarily stored on a tarp.
Once each test boring has been completed, drill cuttings shall be returned to the test
boring hole or shall be managed as solid waste pursuant to 310 CMR 19.000. All test
borings shall be backfilled at the end of each workday. All areas disturbed during test
boring activities shall be stabilized as soon as possible upon completion of the test
borings and the area around each boring shall be restored to pre-drilling condition.
9. All drill cuttings not returned to the boring shall be managed pursuant to applicable
state,and federal regulations including,but not limited to the management of solid
waste pursuant to 310 CMR 19.000 and shall be disposed of off-site at a disposal
facility permitted for the disposal of solid waste. In the event that the drill cuttings
cannot be immediately transported off-site,the drill cuttings shall be placed in a secure
container for temporary storage. The temporary containers shall be monitored to ensure
they are properly maintained until the material can be transported off--site for disposal.
10.The Permittee shall comply with the notifications described in this decision and 310
CMR 19.043(5)(i),Duty to Inform. These notifications are in addition to, and shall
not substitute for, any other notification(s)which are required pursuant to 310 CMR
40.0000,the Massachusetts Contingency Plan(the MCP), and 310 CMR 30.000,the
Massachusetts Hazardous Waste Regulations or any other applicable state, federal, or
local law or regulation.
a. The Permittee shall notify MassDEP and the Salem Health Department within
twenty-four(24)hours whenever possible,but in no case greater than within
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Exploratory Test Borings(BWP SW45/Authorization Number: SW45-0000143)
forty-eight(48)hours of the City,the Engineer of Record, or contractor(s),
becoming aware of:
i. The occurrence of any conditions or events at the Site that result in off-
site nuisance conditions or a threat to the public health, safety,welfare
or the environment;
ii. The details of any incidents that resulted in the response of emergency
personnel(fire,police,MassDEP Emergency Response personnel,the
Occupational Health and Safety Administration, etc.)to the Site; and
iii. The receipt by the City of any complaint of off-site nuisance
conditions attributed to the project activities.
b. This written notification shall be made by email to the MassDEP Northeast
Regional Office:
Mark Fairbrother, Solid Waste Section Chief
Email: mark.fairbrother@mass.gov
Telephone: (978)694-3298
c. This notice shall, at a minimum, include a description of the incident and/or
complaint,the impact on the construction activities authorized by this decision,
and a description of any corrective actions the Permittee has taken or intends to
take to minimize the potential for a recurrence.
11.MassDEP reserves the right to rescind, suspend or modify this approval based upon a
determination that the project causes or contributes to the development of nuisance
conditions, is not being operated safely or in accordance with this approval,or results
in a threat to the public health, safety or the environment.
NOTICE OF RIGHT TO APPEAL
The City of Salem(the City) is hereby notified that it may within twenty-one(21)days file a
request that this decision be deemed a provisional decision under 310 CMR 19.033(4)(b),by
submitting a written statement of the basis on which the City believes it is aggrieved,together
with any supporting materials. Upon timely filing of such a request,the decision shall be
deemed a provisional decision with an effective date twenty-one(21) days after the
Department's receipt of the request. Such a request shall reopen the administrative record,
and the Department may rescind, supplement,modify, or reaffirm its decision. Failure by the
City to exercise the right provided in this section shall constitute a waiver of the City's right
to appeal.
Appeal. Any person aggrieved by the issuance of this decision, except as provided for under
310 CMR 19.033(4)(b), may file an appeal for judicial review of said decision in accordance
with the provisions of M.G.L. c. 111, s. 150A, and M.G.L. c. 30A,not later than thirty(30)
days following the receipt of the final decision.The standing of a person to file an appeal and
the procedures for filing such appeal shall be governed by the provisions of M.G.L. c. 30A.
Unless the person requesting an appeal requests and is granted a stay of the terms and
conditions of the decision by a court of competent jurisdiction, the decision shall remain
effective.
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Exploratory Test Borings(BWP SW45/Authorization Number: SW45-0000143)
Notice of Action. Any aggrieved person intending to appeal this decision to the Superior
Court shall first provide notice to the Department of their intention to commence such action.
Said notice of intention shall include the Department file number and shall identify with
particularity the issues and reasons why it is believed the decision was not proper. Such
notice shall be provided to the Office of General Counsel of the Department and the Regional
Director for the regional office which processed the application. The appropriate addresses to
which to send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street -3rd Floor
Boston, MA 02108
and
Eric Worrall, Regional Director
Department of Environmental Protection
205B Lowell Street
Wilmington, MA 01887
No allegation shall be made in any judicial appeal of this decision unless the matter
complained of was raised at the appropriate point in the administrative review procedures
established in those regulations,provided that a matter may be raised upon a showing that it
is material and that it was not reasonably possible with due diligence to have been raised
during such procedures or that matter sought to be raised is of critical importance to the
environmental impact of the permitted activity.
If you have any questions regarding this matter, please contact Richard Spieler by email to:
richard.spieleCamass.gov.
Sincerely,
Mark G.Fairbrother '�Vlr Richard J. Spieler
Section Chief Environmental Engineer
Solid Waste Management Solid Waste Management
MGF/RJS/rjs
Enclosure: Communication for Non-English-Speaking Parties
cc: Salem Board of Health
98 Washington Street,3`d Floor
Salem,MA 01970
Matthew McGuire (Weston& Sampson)
Email: mc- uirem'ZZwseinc.com
Brian McCormack(Weston&Sampson)
Email:mccormackbiawseinc.com
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