TRANSFER STATION DEP LETTER 06-03-94 . 1
Commonwealth of Massachusetts
Executive Office of Environmental Affairs I lI I
Department of «tSSS��� y�,ll G ;ora
Environmental Protection
' Metra Boston/Northeast Regional Office CITY OF SALEM
WuBam F. Weld HEALTH DEPT.
Goa
Trudy S.Coxe
S.Mwy,EOEA rJUN 031984
Thomas B. Powers
ACft CammWk.W
City of Salem, DPW RE: SALEM - Solid Waste
One Salem Green Transfer Station
Salem, MA 01970 Permit by Rule
Transmittal No. : 79384
Permit No. : NESW-TS-038
Facility ID No. : TR0258.004
Attention: Charles F. Quigley
Dear Mr. Quigley:
The Metropolitan Boston/Northeast Region, Department of
Environmental Protection, Division of Solid Waste Management, ("the
Department") has received your Application BWP SW 34 Permit by Rule
for the existing City of Salem Transfer Station, located at
Swampscott Road in Salem, Massachusetts. On January 21, 1994, the
Department issued a technical deficiency letter relative to the
City of Salem's application, because the City had not provided
proof that the transfer station had been site assignment.
on April 25, 1994 , the Department received copies of minutes
from a Board of Health meeting regarding the site assignment (June
91 1960) for a incinerator on Swampscott Road. This material was
sent by Joanne Scott, Health Agent for Salem.
The City of Salem Transfer Station has been previously
approved by the Department on September 9, 1975 to`,receive up to
100 tons per day of refuse. The facility has not been approved to
receive any Special Waste.
The Department has determined that the Permit by Rule
Application fulfills the conditions of 310 CMR 19.023 (3) and that
the City of Salem facility is in compliance with the requirements
of 310 CMR 19. 200 et seq. , Transfer Station Design and Operations
Standards.
For the reasons noted above, the Department hereby approves
your application for a Permit by Rule for the City of Salem
Transfer Station subject to the following conditions:
1. Periodic examination of the transfer station site shall
be conducted by a representative of City of Salem, or
their consultant, experienced in solid waste activities.
This examination shall include a check of the area for
the presence of any odors or other nuisances. If odors
10 Commerce Way y • Woburn,Massachusetts 01801 • FAX(617)935-6393 • Telephone(617)9352160
City of Salem
Permit by Rule
page 2
or other nuisances are present, it shall be immediately
reported to the Board of Health and appropriate steps
shall immediately be taken by City of Salem to abate the
nuisance condition(s) .
2. The City of Salem shall submit an annual report
summarizing the facility's operations for the previous
calendar year to the Department's Northeast Regional
Office, not later than February 15th of each calendar
year. The annual report shall include, but not
necessarily be limited to:
a. A summary of the year's receipt of wastes,
including the type and tonnage of waste received.
b. An evaluation of the facility' s recycling program,
if any, for the prior year describing the rates of
recycling achieved, a breakdown by material type,
and a description of how materials were marketed.
C. A summary of any operational problems or
deficiencies encountered during the year, including
odors or other nuisances, and including
recommendations for changes or modifications to
address the problem(s) .
d. A summary of any loads rejected by the facility, or
returned to the facility following rejection by the
disposal facility.
3 . The facility shall be operated and maintained in
compliance with the applicable parts of 310 CMR 19 . 000,
in particular 310 CMR 19. 007 through 19 . 011 (rights of
the Department, submittals, records, monitoring and
supervision) , 19 . 043 ("Conditions for Permits and
Authorizations") and 19.200 et seq ("Part III: Transfer
Station Design and Operations Standards") .
4 . The facility shall not accept any Special Waste except in
compliance with an approval issued by the Department, in
writing, pursuant to 310 CMR 19. 061, Special Waste.
5. In the event any load of waste is rejected by the City of
Salem Transfer Station, or is returned to the City of
Salem Transfer Station, because it contains infectious
waste or asbestos, the operator shall notify the
Department' s Division of Solid Waste Management,
Northeast Regional Office within two (2) hours by FAX.
If a FAX machine is not available, this notification may
City of Salem
Permit by Rule
page 3
be made by phone instead within two (2) hours. Such
notification by phone shall be followed up by a certified
letter within 24 hours. This notice (and follow-up
letter where applicable) shall provide to the Department
the following information:
a. origin of load,
b. description of load,
C. reason for rejection,
d. name of hauler and license plate number of the
vehicle involved.
Pursuant to M.G.L.c. ill, section 150A and 310 CMR 19.023, the
approval for this facility issued September 9, 1975) to C.E.
Maguire, Inc. as amended by this approval, shall constitute a
permit and Authorization to Operate (ATO) the City of Salem
Transfer Station located at Swampscott Road, Salem,MA.
NOTICE OF RIGHT TO APPEAL
The City of Salem (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 19.037 (4) (a) , 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 permit,
except as provided for under 310 CMR 19.037 (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 permit.
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 permit by a court
of competent jurisdiction, the permit decision shall remain
effective.
City of Salem
Permit by Rule
page 4
Notice of Action. Any aggrieved person intending to appeal
the grant of this permit 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 permit 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 permit 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
Regional Director
Department of Environmental Protection
10 Commerce Way
Woburn, MA 01801
No allegation shall be made in any judicial appeal of this
permit 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.
Should you have any further questions regarding this matter,
please contact Mr. Robert Tanzer at the letterhead address or at
(617) 935-2160.
S '
�Tnze Thomas D. Mahin
Environmental Engineer Chief, Solid Waste Section
Bureau of Waste Prevention
TDM/RT/pdb
cc: DEP/DSWM/Boston - Attn: Phil Weinberg, Acting Director
DEP/NERD - Attn: Kevin Mahoney
Salem Board of Health
Richard Lis, Assistant City Engineer
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
Salem, Massachusetts 01970
508-741-1800
April 25, 1994
Tom Mahin, Director
Solid Waste
Department of Environmental Protection
10 Commerce Way
Woburn, MA 01801
Dear Mr. Mahin:
Enclosed please find the minutes of the Board of Health Meeting of June 6, 1960 site assigning
an incinerator on Swampscott Road. This location is currently a transfer station.
This information is provided in response to a request by Bob Tanzer of your department. Please
advise me if additional information is required.
Sincerely,
FOR THE BOARD OF HEALTH
Joanne Scott, M.P.H., R.S., C.H.O.
Health Agent
JS/mp