2010 TRANSFER STATION LAWSUIT-SUMMONS & DOCUMENTS(TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved. - T MOTOR VEHICLE TORT -
CONTRACT - EQUITABLE RELIEF -CT— .
COMMONWEALTH OF MASSACHUSETTS
ESSEX,ss. L� / 1/ r /0 SUPERIORCOURT
ATTEST: A TRUE COPY CIVILACTION
No. 2010-0574-A
r CONSTABLE ARTHUR THEOPHILOPOULOS ET ALS
' & DISINTERESTIiD...PARTY................................................................................................:....................Plaintiff(s)
T
N
L V
� U
o THE BOARD OF HEALTH OF THE CITY OF SALEM
�y
m U
SUMMONS
E
a_
s To the above named Defendant: The Board of Health of the City of Salem
r o Carl D. Goodman Esq.
w You are hereby summoned and required to serve upon
p 152 Lynnway, Suite 1E, Lynn, MA 01902
w plaintiff's attorney, whose address is an answer to the
Ay
c m
o c complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the
V Q
N C
day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the
y9
!e complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at
d Salem
oeither before service upon plaintiff's attorney or within a reasonable time thereafter
V
Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may
have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's
oc
claim or you will thereafter be barred from making such claim in any other action.
n 3
`m
c 3
m c
ro
o ..
WITNESS, BARBARA 1. ROUSE , Esquire, at Salem, the
`3 29'day of Mazch in the year of our Lord two thousand ten
O
z
z0
O
U
z�
w J
C);
e
T
0 o Clerk
zro
NOTES:
1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each
defendant, each should be addressed to the particular defendant.
CIVIL ACTIONK '`" Trial Court of Massachusetts A
COVER SHEET Superior Court Department
County: /";-
PLAINTIFF(SI n 1 �Q - DEFENDANT(S) ..
lrv:G TEOAS�/ tbpa U LOS T i —i
(� r9 t og dfr .A6AmJT O F we G 1,1 o F Sig t
ATTORNEY, FIRM NAME, ADDRESS AND E
CAR L D, ,e' 004DK
ATTORNEY (o known)
/5.Z tYw�,uw,Fy—S�wf6�+F IVNN.KAo,40�
Board of Bar overseen nunber..id(-
Origin code and track designation
lace an x in one box. only: ❑ 4. F04 District Court Appeal c.231; s:97. &104 (After
1. F01 Original Complaint- trial) (X)
2. F02 Removal to Sup.Ct. C.231,s.104 ❑ 5. F05 Reactivated after rescdpt; relief from
(Before trial) (F) JudgmenttOrder (Mass.R.Civ.P 60) OO
❑
3. F03 Retransferto Sup.Ct. C.231,s.102C (X) 6.510 Summary Process Appeal (1) ,
TYPE. 01: ACTION AND TRACK DESIGNATION (See reverse side)
QgDE NO. TYPE OF ACTION (Specify) TRACK IS THIS A'JURY CASE?
��Q? fTG6-AJCyi41_ A) b<)
( )Yes No
The following is a full, temized and detailed statement of the facts on which plaintiff re es to determine
money.damages. For this form, disregard doubiefor treble damage claims; indicate single damages only.
. TORT CLAIMS
(Attach additional sheets as necessary)
A. Documented medical expenses to date:
1. Total hospital expenses...........................:................................$.........:.:
2. Total Doctor expenses
..........................................................$...........:
3. Total chiropractic expenses........................................................
$ ........... .
4. Total physical therapy expenses .....................................................
5. Total other expenses (describe) ....................................: .
. ...,... ..
..$..........
.
Subtotal $ ...
B. .Documented lost wages and compensation to date .................................:....... $
........... ,
. Documented property damages to date .............................. :.... . ............. $
........... .
D. Reasonably anticipated future medical and hospital expenses ................................ $.,
.,::.:.... .
E. Reasonably anticipated lost wages .................................................... $ C..
_....... .
F. Other documented items of damages (describe)
G. Brief description of plaintiff's injury, including nature and extent of injury (describe)
..........
TOTAL $.............
CONTRACT CLAIMS
(Attach additional sheets as necessary). ,. ::::..:.:.:.... .. .
Provide a detailed description.of claim(s):
TOTAL S. ;...:.........
PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR
.
COURT DEPARTMENT
I hereby certify that 1 have compiled with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on
Dispute Resolution (SJC Rule 1:18) requiring that I my clients with Information about court -connected dispute
resolution services and discuss with Ill 111101 t ges and disadvantages of. the various methods:'
Signature of of Record
Attomey
A,a&C. 1-z000
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2010-00574-A
RE: Theophilopoulos et al v The Board of Health of the City of Salem
TO:Carl D Goodman, Esquire
Goodman Law Offices
152 Lynnway, Suite 1 E
Lynna.,MA 01902 .
TRACKING ORDER - X TRACK
(Administrative Agency Appeal - 30A)
You are hereby notified that this case is on the track referenced above as per Superior Court
Standing Order 1-88 The order requires that the various stages of litigation described below must be
completed not later than the deadlines indicated.
For claims filed pursuant to G.L. c. 30A, sec. 14, G.L. c. 249, sec. 4 or similar statutes, please
T also refer to Superior Court Standing Order 1-96 and the tracking deadlines set forth in that Order. In
particular, note that a request for a copy of the transcript of the agency hearing testimony must be
made by a party within thirty (30) days after service of the Complaint. The administrative agency
whose proceedings al?e to be judicially reviewed shall, by way of answer, file the original or certified
copy of the record of the proceeding under review (the record) within ninety (90) days after service of
the Complaint. In addition, a motion pursuant to Mass. R. Civ. P. 12(c) for judgment on the pleadings
and supporting memorandum shall be served within thirty (30) days of the service of the record or of
the Court's decision on any motion specified in paragraph 3 of Superior Court Standing Order 1-96,
whichever is later.
STAGES OF LITIGATION DEADLINES
Service of process made and return filed with the Court by
06/16/2010
case shall be resolved and judgment shall issue by
03/13/2011.
03/13/2011
Counsel for plaintiff must serve this tracking order on defendant before the deadline for
filing return of service.
Dated: 03/23/2010 Thomas H. Driscoll Jr.
Clerk of the Court
Location: CtRm 2 -rear (Salem)
Telephone: (978) 744-5500 ext. 414 (Brennan) or 377 (Patten)
Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action # 2010-0574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., AND ONE WAY LUMBER CORP.,
PLAINTIFFS
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
MOTION FOR APPOINTMENT
OF SPECIAL PROCESS SERVER
Pursuant to Mass. R. Civ. P. R. 4(c), the Plaintiff moves that this Honorable Court appoint..
Constable PAUL MINSKY of Swampscott, Massachusetts, being a disinterested person; or his
designee, as Special Process Server for the service of all process in this action.
Respectfully submitted,
The Plaintiffs
By attom
Dated: March 26, 2010
ARL D. GOODMAN
Goodman Law Offices
152 Lynnway, Suite IE
Lynn, MA 01902
Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carl@atto^ ^^^am^^ ^^^
Lw office of
CSA D. Goudm
152 Ly .y
Lyng MA
01902
791-593-2016
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action # 2010-00574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., AND ONE WAY LUMBER CORP.,
PLAINTIFFS
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
INTRODUCTION
AMENDED
COMPLAINT
This is an appeal pursuant to G.L. Chapter 30A Section 14 from an agency decision
-endered by the City of Salem Board of Health granting a "minor modification" to a Site
Assignment for the City of Salem Transfer Station located at 12 Swampscott Road in Salem,
Massachusetts.
The plaintiffs, collectively, are a group of residents, businesses, and taxpayers who seek a
udgment vacating the decision of the Board of Health as arbitrary, capricious, and in excess of its
authority, and contrary to the requirements of G.L. Chapter 111 Section 150A and 150A'h and
L.offi.e I Regulations appearing at 310 CMR 16:00 et seq.
C.1 D. Good®
152 Lym
Ly M
01902
781-593-2016
PARTIES & CLAIM
The plaintiffs:
Arthur Theophilopoulos of 24 Valley Street, Salem, Massachusetts,
James T. Rush of 17 Madeline Avenue, Salem, Massachusetts,
Bruce Glinski of 33 Cavendish Circle, Salem, Massachusetts,
Matthew Civiello of 3 Savona Street, Salem, Massachusetts,
Mary Civiello of Savona Street, Salem, Massachusetts,
Todd Siegel of 26 Brittania Circle, Salem, Massachusetts,
Scott Morgan of 7 Savona Street, Salem, Massachusetts,
Terri Morgan of 7 Savona Street, Salem, Massachusetts,
Anthony Jermyn of 50 Ravenna Avenue, Salem, Massachusetts,
Deborah Gallo of 54 Valley Street, Salem, Massachusetts, and
Alan Samiljan of 51 Cavendish Circle, Unit C, Salem, Massachusetts,
are individuals, residents and taxpayers in the City of Salem.
2. The plaintiff, Young World Academy, Inc. ("Young World Academy") is a corporation duly
organized under the laws of the Commonwealth of Massachusetts having its principal office at 3
Green Ledge Street, Salem, Essex County, Massachusetts.
3. The plaintiff, Anarpet Realty, Inc. ("Anarpet Realty"), is a corporation duly organized under
the laws of the Commonwealth of Massachusetts having its principal office at 3 Green Ledge Street,
Salem, Essex County, Massachusetts, and owns the real property known as and numbered 3 Green
Ledge Street, Salem, Massachusetts.
4. The plaintiff, Thomas L. McAuliffe, is the Trustee of the Hutchinson Realty Trust
("Hutchinson Realty"), having its principal office at 333 Highland Avenue, Salem, Essex County,
Massachusetts.
5. The plaintiff, Bruce Glinsky, is a Trustee of the Green Dolphin Village Condominium Trust,
located at the intersections of Swampscott Road, First Street, and Whaler's Lane, Salem,
Massachusetts and is authorized by a majority of the trustees to appeal the Decision of the Salem
Board of Health hereinafter referenced.
6. The plaintiff, Roger and Julio, Inc. is a corporation duly organized under the laws of the
Commonwealth of Massachusetts having its principal office at 376 Highland Avenue, Salem, Essex
County, Massachusetts.
Law Ofi. of
Cml D. Good.
152 Lyanway
Lyng MA
01902
781-593-2016
Law (W=of
Cad D. Good.
152 Lyaaway
Lyon,M
01902
791-593-2016
7. The plaintiff, New Tri -City Realty Corp., is a corporation duly organized under the laws of
the Commonwealth of Massachusetts having its principal office at 262 Highland Avenue, Salem,
Essex County, Massachusetts.
8. The plaintiff, One Way Lumber, Inc., is a corporation duly organized under the laws of the
Commonwealth of Massachusetts having its principal office at 297 Highland Avenue, Salem, Essex
County, Massachusetts.
9. The plaintiff, Alan Samiljan, prior to the commencement of the hearings hereinafter
mentioned, filed a Petition to Intervene & Registration of Abutter. The Petition was not ruled on by
the Hearing Officer, hereinafter named, until after the public hearings had been closed at which time
the Hearing Officer allowed the Petition to the extent that said plaintiff was granted Participant
status but denied abutter and Intervenor status.
10. Plaintiff, Young World Academy, owns and operates a children's preschool at 3 Green
Ledge Street, Salem, Massachusetts.
11. Plaintiff, Hutchinson Realty, is the owner of the premises known as and numbered 331-333
Highland Avenue, Salem, Massachusetts which premises directly abut the land owned by the City
Df Salem located at 12 Swampscott Road, and on which premises there is located a health care
facility.
12. All of the Plaintiffs are aggrieved persons within the meaning of G.L. Chapter 111, § 150A.
13. The defendant, Board of Health of the City of Salem (the "Salem Board of Health" or the
'Board of Health'), is a municipal department of the City of Salem, Massachusetts having its principal
Dffice at 120 Washington Street, Salem, Massachusetts.
14. Pursuant to a Notice of Public Hearing, the Board of Health commenced public hearings (the
'Hearings") on the Application (the "Application") for Minor Modification to a Site Assignment for
lie Salem Transfer Station filed on behalf of Northside Carting, Inc. and the City of Salem
,individually and/or collectively "Northside Carting", the "City", "or the "Applicant" or
`Applicants," all as the context permits) relating to the City of Salem's existing transfer station at
12 Swampscott Road in Salem. .
15. The Application requested modification of the existing Site Assignment to allow, inter alfa,
For the demolition of the existing structures now located on the premises and the construction of a
mew transfer station and to increase the permitted daily tonnage of solid waste handled at the site
from the current permitted maximum of 100 tons per day to an average of 400 tons per day with a
iaily maximum of 500 tons. The Application stated that the waste will consist of consist of
construction and demolition debris, municipal solid waste and commercial solid waste.
Gw Office of
C®1 D. Cm0(m=
152 Ly my
LyngM
01902
98b59b2016
16. The existing facility is subject to a Permit By Rule as described in a letter from the
Massachusetts Department of Environmental Protection dated June 3, 1994, a true copy of which is
attached hereto and marked Exhibit " "
17. The existing facility is permitted for processing up to 100 tons per day of refuse according to
correspondence from the Massachusetts Department of Environmental Protection dated September
9, 1976, a true copy of which is attached hereto and marked Exhibit " "
18. Based upon reports filed by Northside Carting, Inc. with the Massachusetts Department of
Environmental Protection, the facility processed:
22,734 tons of solid waste over 312 days for an average of 72.8 tons per day in 2004;
23,079 tons of solid waste over 312 days for an average of 73.9 tons per day in 2005;
16,125 tons of solid waste over 312 days for an average of 51.6 tons per day in 2006;
7,930 tons of solid waste over 312 days for an average of 25.4 tons per day in 2007; and
6,821 tons of solid waste over 312 days for an average of 21.8 tons per day in 2008, the
last full year prior to the subject hearings.
19. The Hearings were conducted over two meetings on November 10, 2009 and November 19,
2009 ostensibly pursuant to G.L. Chapter 111 § 150A and the Public Hearing Rules set forth at 310
CMR 16.20 et seq.
20. The Hearings were conducted by Kenneth F. Whittaker, Ph.D. as a hearing officer
designated by the Board of Health pursuant to the provisions of 310 CMR 16.20(3).
21. At the commencement of the public hearings on November 10, 2009, the Chairperson of the
Board of Health announced that the Board of Health would not consider challenges to whether or
not the Application was properly one for a "minor modification" and that any such challenges
should be directed to the Massachusetts Department of Environmental Protection ("D.E.P. "). The
Hearing Officer thereafter ruled that any such challenge was not before the Board of Health.
22. During the course of the public hearings, the Board of Health and the Hearing Officer
allowed the proponents to use, refer to, and submit documents without the same having been
authenticated and without any foundation having been laid.
23. During the course of the hearings, the Board did not receive any sworn testimony and the
Hearing Officer ruled that any questions to be posed to the proponents and their witnesses were to
be posed to the Hearing Officer who would then pose questions to the witness.
24. The Hearing Officer allowed the proponents and their witnesses to speak and offer the
unsworn statements without any time limitation.
25. When the Hearing Officer allowed members of the public to speak, the Hearing Officer
ruled that all presentations were limited to approximately two (2) minutes. With very few
L Officeef
Cad D. Goodin
152 Lyom y
LM MA
01902
781-593-2016
exceptions, the two minute rule was enforced, even as to elected public officials who sought to
speak and query the applicants and their witnesses.
26. No questions were permitted to be asked directly of the proponents or their witnesses and as
to questions that were posed through the Hearing Officer, the Hearing Officer rephrased questions
and allowed the proponents' own experts' responses to be interrupted and completed by other
representatives of the Applicants.
27. At the close of the second hearing on November 24, 2010, the Board of Health ruled that the
public hearing portion of the proceeding was closed except that it would accept further written
comments for a period of two (2) weeks.
28. Subsequent to the close of the public hearings, the Hearing Officer wrongfully denied the
Petition of Alan Samiljan to register as an abutter and Intervenor.
29. The Board met on December 15, 2009 to conduct its deliberations at which time it voted to
approve the Application. During the public deliberation session the Board of Health engaged in
substantive discussions with the co -Applicant, Northside Carting, but did not permit other interested
parties or members of the public to participate. Despite the vote to approve the Application, the
Board continued the matter for further consideration of "conditions" to be imposed on the modified
Site Assignment.
30. Ultimately the Board adopted conditions and published notice (the "Notice of Decision") of
its decision in The Salem News on February 16, 2010.
31. The published Notice of Decision did not conform to the requirements of 310 CMR
16.20(13)(c).
32. Either the Decision was not rendered within 45 days of the initial date of the public hearing
or the Notice of Decision was not published within the time required by 310 CMR 16.20(10)(k)(1).
33. The Decision fails, on its face, to satisfy the requirements of the regulations relative thereto.
34. The Decision does not comply with the requirements of 310 CMR 16.20(10)(k)(4) as it
contains no determinations of fact as to site suitability criteria.
35. The Decision authorizes a major modification of the Site Assignment in violation of 310
CMR 16.22(2).
36. The Decision authorizes a modification to a Site Assignment despite the existence of an
occupied residential dwelling and a health care facility within 500 feet of waste handling areas in
violation of 310 CMR 16.40 (3)(d)5.b.
37. The Decision authorizes a modification to a Site Assignment despite traffic impacts from the
facility operation constitute a danger to the public health, safety, and environment due to traffic
congestion, pedestrian and vehicular safety, road configurations, alternate routes, and vehicle
emissions. Further, the Certificate of the Secretary of Energy and Environmental Affairs on the
Environmental Notification Form filed by or on behalf of the Applicants determined that the project
did not require the preparation of an Environmental Impact Report (EIR) in part because the
"proponents have committed to the following measures to avoid and minimize air quality impacts
associated with diesel emissions ... Limiting hours of operation during commuting hours to reduce
emissions during peak non -transfer station traffic..." The Board of Health did not impose any
condition limiting the hours of operation to reduce emissions by during peak traffic hours.
38. The Decision was based upon unsubstantiated traffic projections that were based upon false
existing conditions data supplied by the Applicants.
39. The decision is based upon unsubstantiated air quality and noise reports that failed to take
into account critical factors and were based upon speculation and unsound assumptions.
40. The hearings before the Board of Health were otherwise contrary to the Public Hearing
Rules appearing at 310 CMR 16.20 et seq.
41. The proceedings by the Board of Health were contrary to the applicable statutes, rules and
regulations; and the Decision is in excess of the statutory authority or jurisdiction of the Board of
Health, is based upon an error of law, made upon unlawful procedure, unsupported by substantial
evidence, and arbitrary or capricious, an abuse of discretion, and otherwise not in accordance with
law.
42. The conduct of the public hearings were deprived the public, including the plaintiffs, from
any meaningful participation and thereby deprived the plaintiffs of due process of law.
43. The Board of Health rendered its Decision based upon political considerations and
abrogated its duty to preserve and protect the public health.
WHEREFORE, the plaintiffs pray that this Honorable Court:
1. Vacate the Decision of the Salem Board of Health voted on December 15, 2009 and subject
to conditions thereafter attached as being contrary to the requirements and provisions of G.L.
Chapter 111, §151A, the Public Hearing Rules appearing at 310 CMR 16.20, and the Site Criteria
set forth at 310 CMR 16.40 et seq., and other applicable law.
2. Plaintiffs' costs of suit.
Such other and further relief as the Court deems just.
Lew Off.. d
Carl D. Goode
152 Lym y
Ly MA
01902
781-593-2016
Dated: March 26, 2010
L DfE.d
Cad D. Gwdm
152 Ly y
Ly MA
01902
781-593-2016
Respectfully submitted,
The Plaintiffs
By their attorneys:
CARL D. GOobl AN
Goodman Law Offices
152 Lynnway, Suite IE
Lynn, MA 01902
Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carl@attorneygoodman.com
William F. Weld
oa.n,o<
Trudy S core
Ta. twit
Thaw a. Fors
ACOV Cwvakelmw
Commonwealth of Massachusetts —L..,„
Executive office of Environmental Affairs li �O
Department of P
Environmental Protection
Metro BostoryNortheost Regional Office
City of Salem, DPW
One Salem Green
Salem, MA 01970
Attention: Charles F. Quigley
Dear Mr. Quigley:
V 01.1 G 1994
CITY OF SALEM
HEALTH DEPT.
JUU 03 S
RE: SALEM - Solid Waste
Transfer Station
Permit by Rule
Transmittal No.: 79384
Permit No.: NESW-TS-038
Facility ID No.: TR0258.004
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 Healthmeeting regarding the site assignment (June
9 1
196.0) 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 0 Woburn, Massachusetts 01801 • FAX(617)935-6393 • Telephone (617) 935-2160
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. e. 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.
Si cere'��J`
Robert Tanze
Environmental Engineer
TDM/RT/pdb
cc: DEP/DSWM/Boston - Attn:
DEP/NERD - Attn: Kevin
Salem Board of Health
Richard Lis, Assistant
SW\SALEM.PBR
Thomas D. Mahin
Chief, Solid Waste Section
Bureau of Waste Prevention
Phil Weinberg, Acting Director
Mahoney
City Engineer
0Bparimgnt nY 1��tirdt`"usntdl tptality inqinaering
Division of rnVirajMotltal Ilealth
September 91 1975
CIE. Siagu Jra, fSn1e�
cemt,Emtion rngineoring, Ina# trr Solid Wastes ,
%l Canal Strut . plan AbAiloyal for Transfer
PrOyidfk"Ca. Rhode Ignd 0g$o9 9tatiot►
AAtentiont John D, pi11o1urry
Aenflamon,
The Department of gnufrnnarental Uccaiity 5itniuAof�inuu ire rnx`•nnttc to
sour risgctrs ,, has rnvicnted a sot af'• plans for AD �treotian of a hmso
tttmnsfor statico on thR site of•hint oxisting Was) Ine(nnt%tor located Off
CwemScott poad in tho City of 5eitnn. • 71rQ
ahadts, tha firfit of which Iii f iiladc purrs cotrsist of twelve (12)
city of 961em. flastaehusetts
Nunioipal SR11d Nast* Transfdr station
Pdrtinn of t11 is4lflg
ttettdled 6y tp o of two
trailers. Find) dismi
Ina, sanitary landfills
O'Ke Haguim, Ind,
Oatat April 1070
A rrUfUse 'transfdr
or banding. the
in 1tnowb i.
a
services,
that The Olanrtwttfivi w V. ro�,m�roree�t Ii� +tlity Engineers is of the opinion
ritttihonginQeringiprat i osdAndjp4�hynapdrVQdsantdeh4"�� a describcdipidns
SOjeot to tho follWj"O Conditions:
14 This brprovAl is limited to the handlino of 100 Mona r
'Ip day of
rafuse.
21 axjsting undoEill
rad ash and refuse shall be govared with
inches t hiso ht f im�p�Wous materiel the top four �d)
IIah10 of supporting yogdtatidn.
9, 'this affioe shAll he aOntaotod after completion of this proiret
to tnet 4n inspection of the faoility can Ito mads,
f�
W
frac SON d Solid Woo -
Plan ApprOVAI for rransfor
station
R. Operational regards shall be kept of the iota, weights of refoso
MOM at this faoilify,
no oAanes shell do made in these Marta without to Witten
dpproYa of the uepnrtftnt Of knviranr M41 Quality Snginearing.-
Etc; onvi"Jontal assatsm�enh form to rAquired to bo snbnittad for this
prolkil since t is, exampt under the, htsviraraaental .f�rotaotian Riegalations
$f the lxMtivs Offioe Of t:nvirMmantal Affairs; and the project has there-
fora Gaon dQttrmimad to oanse no significant damage %0 the enVirgiwmnto
A eopynOf whi h est boakept on the site used or qonsCrua i tile
plans,
purpnseg.
Very truly Y041%,
Per the Comissioner,
Kenneth -A. Tarda,]
Regional_sanitnry Snoiriear
KATlstgl/km
Ook $410 Health Capatfaent
„..._ Y I J 7 IT
Conditions of Approval
Forthe
Minor Modification to the Site Assignment = '=
BK..
Y
The Salem Board of Health
Based on all of the evidence given at a public hearing conducted pursuant to the Massachusetts Site
Assignment Regulations for Solid Waste Facilities (3 10 CMR 16.00), the Board of Health finds that the
proposed minor modification to the existing site assignment of the facility located at 12 Swampscott Road
will not constitute a danger to public health, safety or the environment and hereby approves such minor
n iodification subject to the following conditions. These Conditions shall be strictly enforced, and violations
of them shall be grounds for the impositions of fines, temporary shut downs, or rescission of this site
assignment and closure of the facility.
1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with
all transfer operations occurring within the building enclosure.
2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM
to 10:00 AM on Saturday for Commercial users and 7:00 AM to 1:00 PM on Saturday for
residential users, excluding the holidays noted in NCI's existing lease with the City of Salem. The
residential drop off facility shall be open to the public during all operating hours.
3. The Facility shall accept a maximum annual tonnage of 124,800 tons/year of Municipal Solid
Waste (MSW), Commercial Solid Wastes (CSW) and Construction Demolition Debris (C&D), with
a daily average of 400 tons/day and a maximum of 500 tonstday. The maximum number of vehicles
entering the transfer station facility (not including residential vehicles access to the leaf and yard
waste and recyclables drop off facility) on any one given day shall not exceed 115.
4. The Facility Operator shall employ a sufficient number of employees to properly monitor the
operations and conduct load inspections in conformity with the applicable local, state and federal
regulations.
5. The Facility Operator shall maintain a valid 24 hour -7 day per week emergency phone number
conspicuously displayed at the Facility for emergency conditions during both operating and non-
operating hours, posted in both English and Spanish.
6. The Facility Operator shall conduct daily street sweeping of all paved surfaces on4he site.
7. The Facility Operator shall conduct routine litter control/policing and street sweeping along
Swampscott Road from the intersection of Highland Ave to First Street, as necessary, and at a
minimum semi-monthly.
8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and
Maintenance (O&M) Manual for the Facility prior to commencement of operations that
incorporates all of the Site Assignment conditions and is in accordance with the applicable local,
state and federal requirements.
Page 1 of 6
9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency
Response Plan prior to commencement of operations that addresses the following emergencies and
describes the response actions to be taken in each situation:
a. Fire protection
b. Loss of electricity
c. Equipment failure
d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations)
e. Vehicular accidents related to access into and/or egress from the Facility
10. The Facility shall notify the Salem Board of Health and the Department of Environmental
Protection of any emergency event within 24 hours of the event and provide a follow-up written
report within 14 calendar days of the event.
11. The Facility shall include high speed transfer doors which shall be closed at all times except when
transfer vehicles are entering or exiting the building.
12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good
condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of
Health for review and approval and shall complete the landscaping plantings prior to facility startup
13. The Facility Operator shall be required to promptly repair any significant building damage that
compromises the performance or ability of the Facility to contain fugitive dust, noise or odors and
provide a follow-up written report within 14 calendar days of the event.
14. The Facility Operator shall post ,Anti -Idling signs and periodically monitor and control the idling
times of all diesel vehicles entering, exiting, or queuing. on site at any time in conformance with the
applicable local, state or federal regulations, specifically 310 CMR 7.11.
15. Except for the occasional one business day storage of one C&D Debris covered container, and the
leaf yard waste and recyclables drop off facility, no waste may be handled or stored outside the
enclosed receiving Facility.
16. Vehicular traffic entering or exiting the Facility shall be controlled to prevent the queuing of
vehicles beyond, or outside the "fence line" of the Facility. Vehicles will not be allowed to queue
on any City streets, including Swampscott Road.
17. On-site vehicles owned, operated and otherwise controlled by the Facility Operator, which may
include but not be limited to, rolling on-site equipment, shall be retrofitted with after -market
emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use
at the site will be equipped with emissions controls that meet all current state and federal emissions
requirements.
18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may
include but not be limited to the trucks transferring consolidated waste materials off site, shall be
retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any
new vehicles acquired for use at the site will be equipped with emissions controls that meet all
current state and federal emissions requirements.
19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel.
Page 2 of 6
20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of
engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If
repeated violations are brought to the attention of the Facility Operator by the City, such violators
will be prohibited by Facility Operator from future use of the Facility.
21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict
conformity with local, state and federal storm water requirements.
22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain
any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility
23. The Facility shall fund an independent qualified consultant selected and managed by the Salem
Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The
noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup
of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three
sensitive receptors are at or below a 5 dBA increase above background levels. If dBA levels exceed
a 5 dBA increase, the Facility shall install noise attenuation features to reduce the increase to below
a 5 dBA increase within 330 days of startup of the Facility.
The study shall include baseline and noise monitoring measurements at up to three locations, closest
to sensitive receptors. Every attempt should be made to conduct the updated baseline and source
compliance testing within as close a period of time as practicable. These nearest residential
receptors would include Locations E, F, G, and/or H used in the original sound study conducted in
2008. Sound testing will be 1 -hour in duration at each location. The sound level metric used for the
comparison will be the L90 as defined in the MA DEP Noise Policy 90-001. If the testing shows
that background sound levels are lower than those in the 2008 study, then compliance will be
deemed to be achieved if the "Project -only" sound levels are no higher than those modeled in Table
5 of the March 21, 2008 sound study report as long the Noise Policy is still achieved. The cost for
such study shall not exceed $7,500.
24. All free draining liquids within the Facility shall be collected and stored within an on site water
"tight tank", which is to be permitted through the Salem Board of Health and approved by the
Massachusetts Department of Environmental Protection.
25. Prior to commencement of operations, the Facility must contract with a Massachusetts licensed
Professional pest control management firm and provide the Salem Board of Health with a copy of
the executed contract.. The contracted services shall include, but not be limited to, inspecting the
site for vermin such as birds, rats, and insects on a semi-monthly basis, (24 times per year) and the
findings presented in a written report, which shall be forwarded to the Salem Board of Health.
Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified
at the Facility. .
26. The Facility shall have an air handling system capable of handling general air exchanges within the
Facility, as required by the Massachusetts Building Code for ventilation and for control of odors
generated within the Facility. The system shall have the capability of being operated at less than
full capacity, as may be required, in the event that odors become an issue during non -working
hours. The air handling system shall be capable of creating a negative pressure within the enclosed
building during periods of operation. Negative pressure will be considered to be adequate when the
Page 3 of 6
air handling systems are functioning normally during operational hours. The Salem Board of
Health shall be notified within 48 hours of any system malfunction. The Facility operator shall
notify the Board in writing if the misting system ventilation system or any tipping floor door is out
of service for more than 24 hours. Such notice shall be delivered to the Board the same day as such
event and shall include the reason for the equipment being out of service, the repairs required and
the expected time to put the equipment back in service. In such event, the Facility Operator shall
promptly place such equipment back into service and at a minimum comply with the following
additional conditions:
Doors: The Facility Operator shall keep out of service doors closed until repaired;
Ventilation Svstem: The Facility Operator shall increase the flow through the misting system during
Periods when the ventilation system is out of service. The Facility Operator shall put the ventilation
system back in service within 36 hours of the notice to the Board. If the ventilation system is not put
back in service within 36 hours all incoming waste shall be suspended until the ventilation system is
back in service.
Misting Svstem: The Facility Operator shall use other methods of watering down the waste such as
hand held hoses when the misting system is out of service. The Facility Operator shall put the
misting system back in service within 36 hours of the notice to the Board. If the misting system is
not put back in service within 36 hours all incoming waste shall be suspended until the misting
system is back in service.
27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in
confomrity with all applicable local, state and federal requirements.
28. The Facility shall employ odor neutralizing agents in the misting system to effectively neutralize
any odors exiting the building. .
29. The Facility shall fund an independent qualified consultant selected and managed by the Salem
Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board
of Health within 120 days of Facility start up to measure emissions of fine (PMZs) and coarse
(PMme) particulate matter using USEPA approved methods. The actual stack emission test shall be
conducted by the independent qualified consultant not later than 180 days after Facility start up. A
written report of the emissions testing results shall be submitted by independent qualified consultant
to the Board not later than 210 days after the Facility start up. If the report does not demonstrate
that the actual stack emissions (lb/hr) multiplied by the maximum hours of operation are not less
than one ton per year, then within 30 days apply to the MassDEP for an Air Plan Approval,
including a Best Available Control Technology (BACT) analysis and air dispersion modeling to
demonstrate compliance with all applicable air quality standards. The application and Air Plan
Approval shall be copied to the Salem Board of Health. The study shall include stack emissions
testing during active transfer station operations with the ventilation system in normal operation. The
cost for such stack testing shall not exceed $ 7,500.
30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are
hazardous in nature shall be removed from the waste mass and stored in a secure container designed
to handle such hazardous materials. The containers for hazardous materials shall be stored within
the secure enclosure of the Facility.
Page 4 of 6
31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas, tarpaulin
or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty
departing vehicles that delivered waste to the Facility must not allow residual waste materials from
becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed
containers.
32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall
be kept clean and free of litter and debris.
33. The truck route for all (100%) of the consolidated waste materials leaving the Facility shall exit out
onto Swampscott Road utilizing the southernmost facility exit. No Facility Operator
controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable
items.
34. Closing documents for the Residential property at One DiPietro Avenue, demonstrating that the
Facility Operator has purchased and recorded said purchase at the registry of deeds shall be
submitted to the Board prior to Facility start up. The deed shall note that for as long as the transfer
station is in existence and operational that the property shall never be used as an occupied
residential dwelling, a licensed day care center, prison, health care facility, elementary school,
middle school or high school, children's preschool, or senior center or youth center, excluding
equipment storage or maintenance structures.
35. An authorized representative of the City of Salem Board of Health shall have the right to perform
unscheduled inspections of the Facility during operating hours or at any other time deemed
appropriate by the Salem Board of Health for the purposes of confirming compliance with the final
approved conditions.
36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health,
including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit
modifications, and change in operators/ownership
37. The Facility Operator shall provide an independent assessment of the traffic generation trips within
six months of the Facility being fully operational. The independent monitoring program shall count
the site generated traffic for at least three days for comparison with the projections discussed at the
November 24, 2009 continuance of the public hearing. If the operation rates are higher than
projected, the independent assessment shall provide an assessment of the traffic impacts and
recommend additional mitigation measures to the Salem BOH.
38. Traffic improvements recommended on Pages 28-30 of the December 2007 Traffic Impact and
Assessment Study by Vanasse & Associates Inc. is herein incorporated as a condition of this site
assignment. These conditions generally include: a.) traffic signal retiming and lane use re -striping;
b.) re -timing of the study area signalized intersections as an improvement measure to optimize
traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott
Road and Highland Ave; d) other operational improvements that may be warranted The Salem
Board of health recognizes that these improvements are subject to the approval of the
Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be
submitted to the Salem Board of Health.
Page 5 of 6
neo ,i cu,u a:arrn rnr LHSeKJtI rax /
_ P. 1
39. The FinaUity Operator shall pay the actual expenses up to $20,000 per year (ousted annually on the
anniversary of this agreement. by the Brockton Boston Nashua CPI_ -U) into a revolving Nod
controlled by the Board to hire a qualified environmental scientist or engineer to inspect the
constraclion and Operations -at the facility, to review the records of operation and to evaluate
compliance. with local state and federal laws and rVdetions and with the terms and conditions of
all environmental permits inclusive of this site assignment. The scientist or engineer inay take
messwements of ambient air' at the property line foi the purpose of determining compliance with
the allowable ambient levels to particulate matter known as PMxs and PMm, noise levels at
sensitive receptors, tmfffc colmts or other measurements as deemed appropriate. The City will
provide the Facility Operator with copies of all results of such inspections and maannmeats within
tint (10) business days of receipt.
40. The Facility Operator allU shady the First Street and Swampscott Road Intersection to daemnine if
a traffic signal is warranted. The study sW also examine the lights at Traders Way and MgNand.
Ave. The Facility Operator shall fund an Independent qualified cor>seltant selected and managed by
the Salem Board of Health to peer review the study. If the traf&c atgnal is warranted at the First
Street and Swampscott Road then the Facility Operator shall design, and permit the new signals and
also fund up to 5200.000 to *Dnsuuctthe new signals
41. The conAUOns of this permit see binding on the Facility Operator, and army of its heirs, successors,
assigns. agents or employees.
42. The Facility Operator shell comply with the United States Department of Transportation
negt mnonts governing samenmg of truck drivers and check the driving records and potomm
mndom drug testing on the Facility Operators waste haulers
43. Northside Carting will provide a drop off container for redeemable bottles and esus at the transfer -
station. Nor"do Catting. will redeem them and an fimds generated will be donated to the Salam
Public Schools on a monthly basis.
L -di- Z.o/D
Page 6 of 6