2009 LETTER FROM DEP TO TBI INC NORTH ANDOVER COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
2055 Lowell Street, Wilmington, MA 01887 a (978) 694-3200
DEVAL L.PATRICK IAN A.BOWLES
Governor - Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor Commissioner
William Thomson JAN 20Q9
TBI. Inc.
210 Holt Road
North Andover, MA 01845
Re: North Andover - Solid Waste RECEIVED
210 Holt Road
TBI, Inc. FEB $ 2009
Recycling Center & Transfer Station
AUTHORIZATION TO OPERATE TOWN OF NO TM
File- No. : X224062ARTMp(aRR ANDOVER
FMF No. : 291857
Dear Mr. Thomson:
The Massachusetts Department of Environmental Protection, Northeast
Regional Office, Bureau of Waste Prevention, Solid Waste Management section
(MassDEP) has reviewed your application for an Authorization to Operate
(BWPSW06, Transmittal Number X224062) the TBI, Inc. Recycling Center &
Transfer Station at 210 Holt Road, North Andover, Massachusetts. The
application was prepared on your behalf by Brown & Caldwell, Inc. ,
Middleborough, Massachusetts.
On May 19, 2008 MassDEP issued a Facility Permit that included an
Authorization to Construct (ATC) the facility.
The following materials were submitted to comply with the requirements
for an Authorization to Operate (ATO) in accordance with Section 19.042 of
310 CMR 19.000 the "Solid Waste Management Facility Regulations" (the
"regulations") :
1. Financial Assurance Mechanism (FAM) , .
2. As built plans including QA/QC,
3, other permits:
a. Septic System Certificate of Compliance,
4. Certification that the facility has been built and constructed in
accordance with the approved design plans and the regulations and
that all components of the facility are complete and functional,
Thia information 18 available in alternate Cermet, Call Donald M. Gome". ADA Coordinator at 617.356-1057. =Do
1-866.539-7622 or 1-617-574.6868.
http://www.mass.gov/dep-Fax(978)694-3498
Printed on Recicted Paper
TBI. Inc. Page 2 of 3
Recycling Center & Transfer Station
AUTHORIZATION TO OPERATE
and
5. Certification that the facility will be operated in accordance
% with the approved operating plan and the regulations.
Based on review of information currently in the record and in
accordance with 310 CMR 19.037; "Review Procedure for Existing Facility
Permits, Permit Modifications, Permit Renewals. and Other Approvals" ; MassDEP,
acting under. the authority of M.G.L. c. 111, S 150A and 310 CMR 19.000,
hereby determines this request complies with the requirements of 310 CMR
19.042; "Authorization to Operate". MassDEP has determined construction of
the facility is substantially complete, and is ready for operation. MassDEP,
therefore, approves your application for Authorization to Operate subject to
compliance with conditions described in the attached revised Facility Permit.
Issuance of this authorization does not convey property rights of any sort or
any exclusive privilege.
The revised Facility Permit has been amended to include:
1. Section V. "Authorization to Operate Conditions",
2. a date of expiration conforming to MassDEP policy for time limits
for authorizations to operate as authorized pursuant to 310 CMR
19.043 (1) , -
3. Section'VII, "Right of Appeal", revised to reflect to the
_ 'i s.9uaiiCe ,of the ATO, and
4. Correction of minor typographical errors.
The attached revised Facility Permit supersedes and replaces all prior
permits issued by MassDEP for the facility.
Pursuant to 310 CMR 19.051(5) (e) , et al, MassDEP has determined that
the application does not demonstrate the FAM as currently funded is adequate.
In accordance with the authority established at 310 CMR 19.051(5) (e) , MassDEP
requires that a revised cost estimate be submitted (see Section V.C. of the
revised Facility Permit) , and the FAM be amended as necessary.
In accordance with the permit review requirements of 310 CMR 19.037
this ATO is being issued as a final decision. The applicant, if aggrieved by
the Department's decision, may request that the decision be deemed a
provisional decision. See Section VII, "Right of Appeal", of the revised
facility Permit.
Should there be any questions regarding this matter, please contact
David Adams, telephone 978-694-3295.
Sincerely, Sincerelu.
David c. Adams C John A. Carriga
Environmental Engineer Section Chief
Solid Waste Management Solid Waste M nagement
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Recycling Center & Transfer Station
AUTHORIZATION TO OPERATE
JAC/DCA/dca
enclosure: Fact Sheet
Revised Facility Permit, # NESW-TS-060
CC:
North Andover Board of Health
120 Main St.
North Andover, MA 01845
Phillip Jagoda
Brown & Caldwell, Inc.
151 Campanelli Drive, Suite B
Middleborough, MA 02346
tbi90127apv.doc 01/29/09
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
Governor IAN A.BOWLES
Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor Commissioner
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF SOLID WASTE MANAGEMENT
FACILITY PERMIT
CONSTRUCTION & DEMOLITION WASTE PROCESSING&TRANSFER FACILITY
Effective Date: February 1,2009 DEP Region: MB/NE
Expiration Date: February 1,2019 IMF Facility No.: 291857
Regulated Object No: 291858
Permit No.: NESW-TS-060
I. Facility Description:
Name of Permittee: TBL Inc.
Mailing Address: 210 Holt Road
North Andover,MA 01845
Name of Facility: TBI Solid Waste Transfer Station
Address of Facility: 210 Holt Road
North Andover, MA 01845
Type of Waste Handled: Construction&Demolition Waste. and
Commercial Solid Waste
Approved Plans:
Date Approved: May 19. 2008
Description: Authorization to Construct
Larne Waste Handling Facility
(BWP SW 05)
TBI Inc.
North Andover, Massachusetts
August 2007
Revised 3/12/08
This information u available in alternate format Call Donald K Comte,ADA Coordinator at 617-5561957.TDD#1466.579-7622 or 1317-5744868.
httpl/w .mus.gov/dep•Fax(978)694-3499
€5 Printed on Recycled Paper
Facility Permit Page 2 of 11
TBI, Inc.
Operation and Maintenance Manual:
Date Approved: May 19, 2008
Description: Operations and Maintenance Plan
TBI, Inc.
Recycling Facility and
Solid Waste Transfer Station
March 2008
II. FACILITY PERMIT AND AUTHORIZATION TO CONSTRUCT APPLICATION
REVIEW AND APPROVAL
This application complies with the application requirements at 310 CMR 19.030(3)
[permits] and 19.041 [authorizations to construct] and was reviewed in accordance with 310
CMR 19.032, Review Procedure for New Facility Permits. The plans and reports described
above establish that the facility complies with the criteria at 310 CMR 19.038(2)(a)and(b).
This document is a permit issued pursuant to G.L. Chapter 111, § 150A and 310 CMR
19.000, subject to the conditions set forth below. In the event this permit and Authorization to
Construct(ATC)conflicts with all or parts of prior plan approvals or permits issued pursuant to
c. 111, s, 150A or solid waste regulations in effect prior to July 1, 1990 the terms and conditions
of this permit and ATC shall supersede the conflicting provisions of such prior permits or
approvals. This permit and ATC does not convey property rights of any sort or any exclusive
privilege.
III. GENERAL PERMIT AND AUTHORIZATION TO OPERATE CONDITIONS
A. Amount of Waste-The facility shall not accept wastes except as provided in
section W.A. below.
B. Compliance with Plans- The permittee shall conduct operations in accordance
with approved plans,reports,and other submissions described in Section I except
as may be modified by the conditions set forth in Sections IV and V. No material
changes in the design or activities set forth in the approved documents shall be
performed without prior written Department approval.
i
C. Compliance with Other Approvals -The issuance of this Authorization to
j Operate does not relieve the permittee from the requirement to comply with solid
waste management statutes and regulations. In addition, this authorization does
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not relieve the permittee from the requirement to comply with all other applicable
local, state and federal laws and regulations.
D. Standard Conditions -The permittee [and the owner] shall operate the facility in
accordance with the conditions at 310 CMR 19.007-19.011 and 19.043(5).
E. Joint Liability -This permit is issued subject to the conditions of joint liability of
the permittee and owner in accordance with 310.CMR 19.043(3).
F. Transfer-No transfer of this permit shall be permitted except in accordance with
310 CMR 19.044. In the event of a change in the pemvttee's name,other than a
transfer of the permit,the permittee shall notify the Department within 7 days of
the effective date of the change of name.
G. Waste Disposal Restrictions -The permittee shall comply with all restrictions
upon the type of waste received by the facility as established by the facility's Site
Assignment.
H. Special Wastes -The facility shall not accept any Special Wastes except as
provided by an Approval to Manage a Special Waste issued pursuant to 310 CMR
19.061 and/or as provided at Section W.B. of this Permit. All Special Wastes
handled by the facility shall be handled in conformance with the provisions of 310
CMR 19,061.
I. Authorization To Construct-Before commencing construction of any
expansion or significant modification of the facility not specifically approved for
construction by this permit,the permittee shall obtain an Authorization to
Construct in accordance with 310 CMR 19.041.
J. Permit Modification -The Department reserves the right to rescind, suspend or
modify this permit by the imposition of additional conditions based upon a
determination of actual or the threat of adverse impacts from the construction,
operation,maintenance or closure of the facility, or as may otherwise be required
to comply with the requirements of the laws and/or regulations of the
Commonwealth as they exist at the time of such action.
K. Definitions-Unless indicated otherwise,the following terms in this permit or in
any action relative to this permit shall mean as follows: the Department and/or
MassDEP shall mean the Massachusetts Department of Environmental Protection;
MDPH shall mean the Massachusetts Department of Public Heath;Board of
Health shall mean the Town of North Andover Board of Health.
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IV. SPECIFIC PERMIT CONDITIONS
A. Amount of Waste
1. The facility shall not accept more than 625 tons of waste on any given
day.
2. The facility shall not accept more than 500 tons per day average.
3. Not more than 30 cubic yards of commercial solid waste not suitable for
processing shall be accumulated on the tipping floor at any given time.
4. Not more than 30 cubic yards of construction and demolition waste not
suitable for processing shall be accumulated on the tipping floor at any
given time.
B. Special Waste
1. The facility is not authorized to receive wastes defined as Special Waste.
2. The facility shall maintain an active program of inspection and waste
control to exclude asbestos containing materials. The program shall
include,at a minimum,the "Asbestos Inspection Protocol" specified at
section 3.3.1 of the"Operations and Maintenance Plan" (O&M Plan). The
inspection protocol shall be amended as necessary to conform to
applicable MassDEP regulations and/or policies.
3. Except as otherwise approved, in writing,any asbestos containing
materials, including but not limited to asphalt shingles, shall be managed
in accordance with the provisions stipulated within the"Asbestos
Inspection Protocol"of the facility's 0&M Plan.
C. Hazardous Waste
1. Except as otherwise provided herein,the facility shall not accept
hazardous waste.
2. Household hazardous wastes may be accepted during designated
Household Hazardous Waste Collection events,provided:
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a. The event is sponsored and managed by the Town of North.
Andover.
b. The event is conducted in a manner and time so as not to interfere
with other activities of the facility.
C. The Town of North Andover applies for,obtains and complies
with all permits and/or registrations applicable to such events,
including applicable provisions of 310 CMR 30.000.
3. The facility may accept batteries and wastes classified as"universal
waste"at the Residential Recycling Drop-off Center. In the event such a
waste is found in the waste received at the tipping floor,and TBI
determines it is not practical to reload and return such waste to the point of
origin,the waste may be transferred to the applicable collection area of the
Residential Recycling Drop-off Center.
4. The facility may accept florescent light ballasts,provided,unless and until
such ballasts have been demonstrated to not contain PCBs,TBI shall be
deemed the generator of a Hazardous Waste and shall manage the waste
pursuant to 310 CMR 30.000 and applicable MassDEP policies.
D. Other
I. Waste accepted by the facility shall be limited to Construction and
Demolition waste and Commercial Solid Waste. The facility shall not
accept Municipal Solid Waste(MSW) from residential collection.
2. The facility shall comply with 310 CMR 14.017. The operator shall
conduct continuing monitoring of all wastes;received and dispatched;
including residuals from the waste processing,necessary to maintain
compliance with the applicable restrictions.
3. Wherein the recyclingtreuse of a material is subject to a Beneficial Use
Determination(BUD),or other approval/authorization of the Department,
sampling shall,at a minimum,conform to sampling(QA/QC)l requirements
established as part of that BUD, or other approval,or authorization,as
applicable.
4. TBI may process appliances received at the Residential Recycling Drop-off
Center to remove refrigerants(ChloroFlouroCarbons,"CFCs")provided
such removal is conducted in compliance with applicable state and federal
regulations.
' Quality Assurance/Quality Control
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5. Waste stored in roll-offs or trailers outside of the building shall be
dispatched to a disposal,or other appropriate,facility no,later than close of
business of the first business day following the day of loading. The waste
shall either be in a weather tight container or trailer, or shall be covered by a
tarp,or equivalent cover,to shed water from rain,etc.,preventing such
water from infiltrating through the waste and protecting the waste from
wind. Trailers not connected to a tractor shall be secured to preclude
unauthorized movement.
E. Monitoring
The permittee shall provide routine daily monitoring of the facility to ensure
compliance with this Permit and the approved plans. The permittee shall maintain
a record documenting the operations of the facility. The Monitoring Record shall
include, at a minimum:
1. Daily summary of wastes received.
2. Daily summary of wastes shipped for recycling, itemized by material type.
3. Daily summary of wastes rejected, including identification of responsible
parties and description of wastes rejected.
4. Documentation of the sources and final disposition of wastes.
5. Records of inspections and waste monitoring pursuant to compliance with
waste bans as established at 310 CMR 19.017,et al.
6. Description of operational problems which are deviations from the
approved plans and operating procedures,as they relate to this permit, or
from this permit or the facility's site assignment.
7. Description of actions taken,or to be taken,to mitigate or correct
operational problems which are deviations from the approved plans and
operating procedures, as they relate to this permit, or from this permit or
the facility's site assignment.
F. Annual Report
By no later than February 15 of each year,the permittee shall submit to the
Department an annual operations report for the preceding calendar year.
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1. Wherein a form is published by the Department for the annual report,the
annual report shall be submitted on and provide the information requested
in that form.
2. Should the Department not publish a prepared form for annual reports, this
annual report shall include at a minimum:
a. A monthly summary of the years receipt of wastes, including
materials accepted or shipped for recycling,itemized by type,
including:
L average daily quantity,
ii. peak day quantity,
iii. exceedances of authorized maximum quantity,
iv, other information as appropriate to demonstrate seasonal
variation, and
V. summary of wastes rejected, including sources,reason for
rejection and(to the extent known)ultimate disposition of
the waste.
b. A summary of operational problems which are deviations from the
approved plans and operating procedures,as they relate to this
permit, or from this permit or the facility's site assignment, including
recommendations for long term changes or modifications required to
address such problems.
G. Special Reporting
In the event any load of waste is rejected by the facility, or is retumed to the
facility,because it contains infectious waste, asbestos, or hazardous waste, 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 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:
1. origin of load,
2. description of load,
3. reason for rejection, and
4. name of hauler and license plate number of the vehicle involved.
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In the case of a hazardous waste,this notification shall be in addition to,and shall
not substitute for, any notification which may be required pursuant to 310 CMR
40.0000(the Massachusetts Contingency Plan [MCP]), if any, or other applicable
law or regulation.
V.AUTHORIZATION TO OPERATE CONDITIONS
A. TBI, Inc. is authorized to operate the facility for ten(10) years from the effective
date of this permit,provided MassDEP may amend the term of this authorization:
(a)in accordance with an approved modification pursuant to either 310 CMR
19.039 or 19.040; or(b)to coincide with the termination or renewal date of other
Department permits issued for the solid waste processing,treatment or pollution
control equipment located at the facility.
Wherein TBI, Inc. intends to operate after the expiration of this authorization, a
request for renewal must be submitted at least 180 days,but not more than
270 days, prior to expiration,in accordance with 310 CMR 19.042(4).
B. Conditions for operation pursuant to the facility's Site Assignment may
apply. This authorization shall not supercede, nor otherwise diminish,the
permittee's requirement,prior to receiving waste or otherwise commencing
operations, from complying with such conditions of the Site Assignment, or other
permit, issued by the Town of North Andover, as may apply.
C. The permittee shall maintain a Financial Assurance Mechanism(FAM)
conforming to the requirements established at 310 CMR 19.051.
1. The FAM shall, at a minimum,provide for:
a. Removal and disposal of all waste, including,but not limited to,
any residuals within the processing equipment and associated
storage bunkers, trailers, containers and other storage areas. For
the purpose of calculating the amount of the FAM, any process
product(recyclable material) or bi-product, and other"recyclable"
materials remaining on the site at the time of closure, shall be
deemed to be a waste requiring removal and disposal as waste.
Estimates of the quantity of waste requiring disposal during
closure shall include estimates,under maximum operating
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conditions, of the customary amount of material (wastes, process
product and residuals, etc.) on site pursuant to normal operations,
and shall not be limited to a single day of waste receipt.
b. Cleaning and/or removal, as applicable, of processing equipment.
C. Cleaning of all areas of material receipt,processing and storage;
including waste,process product mud process bi-product;within
and without the building.
d. Removal and disposal of liquid wastes and cleaning of liquid"waste
storage tanks(leachate and sanitary).
e. Removal and disposal of litter.
f. Inspection and cleaning the storm water control system.
g. Inspection of the site for vermin and implementation of controls as
necessary.
h. Securing buildings and site from unauthorized access.
i. Administration,supervision and direction of closure activities.
2. Within sixty (60)days of the effective date of the authorization TBI, Inc.
shall, in compliance with requirements stated above and as established at
310 CMR 19.051(5)(a),submit to MassDEP an itemized estimate of the
cost of a third party to close the facility. Within thirty(30)days of the
date of issuance by MassDEP of a determination that the estimate is
adequate TBI,Inc. shall submit to MassDEP documentation that the FAM
has been amended to reflect the revised cost estimate.
3, Thereafter, TBI, Inc. shall revise the calculation of the FAM each year
concurrently with its annual report pursuant to Section IV.F. of this permit
and shall submit to MassDEP documentation of that calculation every
second year. TBI, Inc. shall adjust the amount of the FAM as necessary
in compliance with 310 CMR 19.051(7)&(8),as applicable.
D. At least thirty(30) days prior to opening the recycling drop-off area TBI,Inc.
shall,pursuant to 310 CMR 19.039(6), submit to MassDEP a revised layout plan
and operation schedule describing the operation of the area as to be implemented.
At least seven(7)days prior to opening the recycling drop-off area TBI, Inc. shall
submit to MassDEP and the North Andover Board of Health a letter certifying
that all necessary sheds, containers and other storage facilities necessary for the
operation of the recycling drop-off area are in place and ready for use.
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VI.AUTHORIZATION TO CONSTRUCT CONDITIONS
A. TBI, Inc. is authorized to construct the facility depicted in plans,prepared by
Brown and Caldwell, identified in Section 1. of this permit.
B. TBI, Inc. shall complete construction and submit an application for authorization
to operate (an ATO)within 33 months of the date of issuance of this
Authorization to Construct(ATC).
C. TBI, Inc. shall not alter, modify or amend these plans without prior approval by
the Department,except as provided at 310 CMR 19.039(6),
D. This ATC shall be effective upon; pursuant to MGL Chapter 111, § 150A;
recording by TBI of notice of the Facility's permit in the registry of deeds, or if
the land affected thereby is registered land in the registry section of the land court
for the district wherein the land lies.
VII. RIGHT OF APPEAL
A. Right to Appeal-TBI, Inc. 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)(b),by submitting a written statement of the basis on which TBI,
Inc.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
TBI, Inc. to exercise the right provided in this section shall constitute a waiver of
TBI,Inc.'s right to appeal.
B. Right to Appeal-Pursuant to 310 CMR 19.03 7(5), 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 C. 30A not later than thirty (30) days
following notice of this decision.
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C. Notice of Appeal-Any aggrieved person intending to appeal the decision to the
superior court shall provide notice to the Department of intention to commence
such action. Said notice of intention shall include the Department File Number
and shall identify with particularity the issues and reason(s)why it is believed the
approval 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 made the decision. The appropriate addresses to which to send such
notices are:
General Counsel
Department of Environmental Protection
One Winter Street-Third floor
Boston, 02108
Regional Director
Department of Environmental Protection
Northeast Region
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 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 public health or environmental
impact of the permitted activity.
Z
A. C 'gan2=fi
onChiefolid Waste M ement
Jo p
Date
tbi90127pm[doc 01/29/09
FACT SHEET Page 1
TBI Transfer Station
Authorization to Operate
Facility: TBI Recycling Facility and Solid Waste Transfer Station
Address: 210 Holt Road
North Andover,MA
Owner/operator. Thompson Brothers Industries,Inc.
Address: 210 Holt Road
North Andover,MA 01845
Facility Number: 291857
Regulated Object Number: 291858
Pemlit Number:NESW-TS-060
Location):
42e 43'24"North Latitude 710 07' 14"West Longitude
UTM: 4,732,096 meters N 326,381 meters E Zone 19
MSPCS: 941,485 meters N 231,079 meters E Mainland Zone NAD83
Size of site: Site Assigned area(Lots 2, 3 &4): 5.77 acres
Unassigned area(Lot 1): 2.03 acres
Total Site: 7.79 acres
Site Assignment:
Issuing agency: Town of North.Andover Board of Health
Date of Issuance: June 22,2006
Capacity:
maximum: 625,tpd
average: 500 tpd
Type of material processed: Construction and Demolition Waste,and
Commercial Solid Waste
Permit issued: May 19,2008
Current Application:
Type: Authorization to Operate a Large Handling Facility(BWPSW06)
Transmittal.Number: X224062
date:November 18,2008
1 Approximate, for reference only. Estimated from MassGIS.
N81231b.doe 0128109
FACT SHEET Page 2
TBI Transfer Station
Authorization to Operate
Engineer of Record:
Brown and Caldwell
151 Campanelli Drive, Suite B
Middleborough,MA 02346
Phillip Jagoda,P.E.
MEPA:
Final Environmental Impact Report
EOEA No.: 13203
Secretary's Certificate: December 8,2004
Other Actions Effecting this Application:
Proposal to construct retaining walls prior to issuance of final permit and ATC
approved: November 9, 2007
Proposal to substitute alternate design for storm water retention system
concurred: May 2,2008
Application for Permit and Authorization to Construct(ATC)
Type: Large Handling Facility(BWPSW05)
Transmittal Number: W143646
date:August 2,2007
approved:May 19,2008
Submittals as part of this application:
report:
Authorization to Operate
Large Handling Facility—BAT S W06
Recycling Center and Transfer Station
TBI, Inc.
North Andover,Massachusetts
December 2008
report in letter form:
Brown&Caldwell to MassDEP
January 15, 2009
re: response to Notice of Technical Deficiency
plan:
Record Conditions Plan
Authorization to Operate
Mass. P.E. dated: 01/15/09
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FACT SHEET Page 4
TBI Transfer Station
Authorization to Operate
Provisions of a"Host Community Agreement"between TBI and the Town of North
Andover does not relieve TBI of any requirements to obtain MassDEP approval for any
modifications to the facility, including changes to the types of waste received.
Processing of waste at the facility starts with a course shredding of the waste. The
shredded waste is screened to remove pieces greater than 12 inches in size. The over 12
inch fraction is passed to a picking line for hand separation. The under 12 inch fraction is
passed to a second screener where the fines(under 1 inch size fraction)are removed. The
1 to 12 inch size fraction is passed for further processing. The fines are passed to a
magnet to remove metals and then to the fines storage bin.
TBI identifies thirteen(13) conditions established by the Site Assignment as part of the
construction leading to commencement of operations. Of these,TBI stipulates ten(10)
have been completed. TBI stipulates they are in progress of complying with the
remaining three(3)pre-operation Site Assignment conditions(surveillance of the
intersection of Holt Road and State Route 125, sampling protocol for interior air quality
of the building, deed restriction for concurrent use of the property). Issuance of this ATO
does not diminish TBI's responsibility to comply with those conditions to the satisfaction
of the North Andover Board of Health prior to commencing operation. Nor does the
issuance of this ATO infringe on, or otherwise reduce,the authority of the North Andover
Board of Health to exercise enforcement of the conditions of the Site Assignment,or any
other permit or approval, issued by the Town.
TBI further identifies that containers and sheds have not been placed at the recycling
drop-off area to start drop-off of recyclables and wastes by residents of the Town of
North Andover(the Town). TBI identifies that the Town has altered its resident
recycling program and TBI is negotiating with the Town for adjustments to the drop-off
area to accommodate the Town's needs. Containers, sheds,etc., will be placed as
necessary prior to opening the recycling drop-off area.
During construction TBI determined that due to a fabrication error by the building
supplier the building was not configured for the leachate (floor drain)collection tank to
be installed above the trailer pit as designed. TBI, therefore,proposed the tank be
installed outside of the building adjacent to the easterly wall. Note, this places the tank
outside of the Site Assigned area of the facility. The tank is a secondary appurtenance to.
the facility and is not used for the handling,processing and storage of solid waste. The
location was selected to respond to a condition which could not reasonably be anticipated
or controlled by TBI. MassDEP,therefore,determined the location meets the applicable
siting requirements, and agreed to the relocation of the tank as proposed.
As established at 310 CMR 19.051(1),transfer stations and handling facilities are not
categorically required to establish a Financial Assurance Mechanism(FAM). MassDEP,
however,has determined that in consideration of the complexity of waste handling and
processing occurring at this, and similar facilities, it is applicable,pursuant to 310 CMR
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FACT SHEET Page 3
TBI Transfer Station
Authorization to Operate
Discussion:
Thompson Brothers Industries, Inc.,North Andover, Massachusetts (TBI) currently owns
a 7.8 acre site at 210 Holt Road,North Andover, Massachusetts, from which it operates a
solid waste haulage business. On May 19, 2008 MassDEP granted TBI a permit and
Authorization to Construct(ATC) a solid waste transfer and recycling facility at the site.
The facility will receive construction and demolition waste(C&D waste) and commercial
solid waste (CSW). CSW is defined as wastes originating from commercial enterprises—
not including restaurants.
TBI also maintains its existing offices. and vehicle maintenance facility at the westerly
end of the site. The waste handling and processing activities are to be located within a
new building located in the central area of the site.
On November 3, 2008 MassDEP conducted an inspection of the facility construction.
Pursuant to conditions of the Site Assignment, the facility:
Is limited to an average daily receipt of waste{facility capacity) not to exceed 500
tons.
Shall not exceed maximum receipt of waste on any given day of 125%of the
average daily facility capacity(i.e. 625 tons).
Shall have a goal of recycling at least 50%of the waste received in the first year
of operation, increasing to 75%after seven(7)years.
Shall not receive waste collected via the general collection of waste from
residential areas- i.e. non-commercial municipal solid waste (MSW).
Shall not receive waste from restaurants.
Shall not receive municipal solid waste,hazardous waste, asbestos containing
waste, biological or infectious waste,universal waste,thermostats, special waste
as defined at 310 CMR 19.006, sewage sludge, or other waste that are not a solid
waste pursuant to 310 CMR 19.006 and are not permitted by the site assignment,
except as authorized by a"Host Community Agreement"between TBI and the
Town of North Andover,
: Principal conditions of the Site Assignment as pertain to activities
subject to the facility's permit. other conditions and limitations
enforced by the Town of North Andover, established by the Site
Assignment, may pertain.
U81231fs.dw 01/28/09
FACT SHEET Page 5
TBI Transfer Station
Authorization to Operate
19,051(1)(b), for the facility to establish and maintain a FAM. TBI has established a
FAM for the facility. The FAM consists of a Letter of Credit from Citizens Bank,
Medford,Massachusetts,pursuant to 310 CMR 19.051(12)(f).
TBis. current estimate for FAM limits material disposal to one days receipt of waste.
The FAM estimate does not include allowances for removal and disposal as a waste
material of fines and other residuals, or residual process products; cleaning of processing
equipment and the processing area of building,fines and other residuals storage bunkers,
or process product storage areas. Pursuant to the ATO, TBI shall revise the FAM
estimate and modify the FAM as necessary during start up of the facility.
N81231fs.doc 01/28/09