2001 DEP CONSENT ORDER AND NOTICE OF NONCOMPLIANCEJANE SWIFT
Governor
July 13, 2001
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
John D. Keenan, City Solictor
City of Salem - Legal Department
222 Essex Street
Salem, MA 01970
Dear Mr. Keenan:
EGE DURAND
Secretary
JUL 17 2001 LAUREN A.LISS
Commissioner
HEOHEA DPT.
RE: SALEM—SWM
Salem Transfer Station
12 Swampscott Road
FMF# 39974
ACOP -NE -014005
Reference is made to your 28Jun01 letter submitting suggested changes to a draft Administrative Consent
Order with Penalty (ACOP) for the subject facility. In your letter it was indicated that you were going to
review the draft with "Barry Fogel and Robbie George and get back to you with any other comments." Other
than the comments Mr. Fogel provided by telephone on 9Jul01, no firrther comments have been received.
Accompanying this letter are three (3) copies of the final ACOP reflecting changes as a result of the
comments in your 28Jun01 letter and Mr. Fogel's9Ju101 telephone message. Please sign, date, and insert the
Federal Employer ID #s for both the City and Northside Carting where indicated, on all three (3) copies of
this document and return all three (3) copies to me. The Department's Regional Director, William P.
Gaughan, will countersign each copy and two (2) originals will be returned to you; one for the City's files and
one for Northside Carting's files.
If you have questions, please call me at 978-661-7650.
Sincerely,
Edward H. MacDonald
Regional Engineer for
Waste Prevention
Cc: Stanley Bornstein, Director, Salem Department of Public Services, 93 Washington Street, Salem, MA
01970
Robert George, President, Salem Environmental, Inc, 215 Weathersfield Street, Rowley, Ma. 01969
Bang Fogel, Keegan, Werlin & Pabian, 21 Custom House Street, Boston, Ma 02110-3525
Salem Board of Health
Heidi M. O'Brien, DRD NERO
Jeanne Argento, OGC NERO
Encl: Three (3) Final ACOP (P7erandonatc drivdcnl7Satem Transfer station fnl ACOP -NE -01-4005)
This information is available in alternate format by calling our ADA Coordinator at (617) 574.6872.
206A Lowell St. Wilmington, MA 01887 . Phone (978) 661-7600 • Fax (978) 661-7615 • TTD* (978) 661-7679
O0i Printed on Recycled Paper
COMMONWEALTH OF MASSACHUSETTS .
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the Matter of: )
City of Salem )
and Northside Carting, Inc )
(a.k.a Salem Environmental, )
Inc.) )
FMF # 39974
CONSENT ORDER AND
NOTICE OF NONCOMPLIANCE
ACOP -NE -014005
I. THE PARTIES
1. The Department of Environmental Protection (the "Department") is a duly constituted
agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, §7, with a principal
office located at One Winter Street, Boston, Massachusetts 02108, and a regional office located at 205A
Lowell Street, Wilmington, Massachusetts 01887.
2. The City of Salem ("City") is a municipal corporation located in Essex County and duly
organized under ,the laws of the Commonwealth of Massachusetts, with its principal offices located at City
Hall, Salem, MA 01970. The City owns and has a Solid Waste permit for a Solid Waste Transfer Station
located on Swampscott Road in Salem (the "Facility").
3. Northside Carting, Inc. ("NCI") - a.k.a. Salem Environmental, hie - is a Massachusetts
corporation with a place of business at 215 Weathersfield Street, Rowley, Ma. 01969 (the "Operator").
Mr. Robert George is President of NCI.
H. STATEMENT OF FACTS AND LAW
4. The Department is responsible for the implementation and enforcement of M.G.L. c. 111,
§§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR 16.00 and 19.000. The
Department has authority under M.G.L. c. 21A, §16, and the regulations promulgated thereunder at 310
CMR 5.00, to assess civil administrative penalties to persons in noncompliance with its regulations.
5. The City is the owner and permittee of the Salem Transfer Station. NCI operates the
Facility.
6. The following facts are alleged by the Department_ as the basis for the parties to enter into
Consent Order:
A. On June 9, 1960 the Facility site was Site Assigned by the City's Board of Health
for a solid waste incinerator.
Page 2 of 13
B. On September 9, 1975 the Department issued a conditional approval to the City
allowing the conversion of the Solid Waste Incinerator building to a Solid Waste
Transfer Station. The City was required by this approval to cap the Landfill and to
notify the Department upon completion of this capping. No notification of the
Landfill capping exists in the record. The operation that was approved allowed the
discharge, via a chute, of Municipal Solid Waste ("MSW') from entirely within the
modified building, to compactors. After compaction the MSW was loaded into
trailers for off-site disposal..
C. On June 3, 1994 the Department issued a Permit -by -Rule to the City for the
continued operation of the Facility.
D. On January 10, 1995 the City notified the Department, in writing, that, effective
September 1, 1994, the Facility would be operated by NCI and that the City would
retain ownership of the Facility.
E. On September 22, 1999 a compliance inspection of the Facility was conducted as a
result of the Department's receipt of a complaint. The Department alleges that
during. this inspection Department personnel noted open-air sorting of Construction
and Demolition ("C&D") wastes, open-air storage, large compost piles, use of C&D
materials as fill, and the storage of materials adjacent to a waterway.
F. On December 10, 1999 the Department issued a Notice of Non-compliance (NON -
NE -99-4021) to both the City and the Operator citing alleged violations observed on
September 22, 1999. In particular, the Department alleged that the facility was in
noncompliance with the following:
1. The facility layout had been modified from those presented and approved
in the Permit -by -Rule application, including a modification of grades and
waste handling and storage areas, without an application and approval in
accordance with 310 CMR 19.039.
2. Processed compost and solid waste materials, including woodwaste,
demolition debris, and bulky metal objects, were being stored at the
facility in a manner that was not organized and orderly, and without an
approved plan, in accordance with 310 CMR 19.215. The approved
Permit -by -Rule application did not indicate the uncontainerized storage of
solid waste (demolition debris, woodwaste, and metals), and the storage of
compost material at the facility that hindered movement at the facility.
The facility is not approved as a compost or compost storage facility.
3. Surface grades on the west side of the transfer station building were
modified using solid waste materials (demolition debris) without a
Beneficial Use Determination in accordance with 310 CMR 19.060.
4. Solid waste materials (demolition debris) were used to construct a
roadway exiting the property to the north without a Beneficial Use
Determination.
5. Compost and demolition debris were being stored at the site without a
permit within an apparent Wetlands Buffer Zone without a filing a
Determination of Applicability or Notice of Intent with the local
Conservation Commission.
Page 3 of 13
6. Solid waste and recyclable materials appeared to have been stored at the
site for more than 60 days.
7. Daily logs were not maintained at the facility in accordance with 310
CMR 19.220. Past daily logs were reportedly kept at the operator's office
in North Andover, Massachusetts.
G. On December 14, 1999 the City responded to the NON by notifying the Department
that the Facility had been leased to NCI and that NCI would hire a consultant to
review its operations.
H. On January 6, 2000 the Department received a Waste Ban Plan required to be
submitted by the regulations for the Facility. This Waste Ban Plan indicated that
only C&D was received at the Facility.
I. On February 16, 2000 the Department received the Facility's 1999 Annual Report as
required to be submitted by the regulations. This Annual Report was prepared by
the Operator, Mr Robert George, under the name of Northside Carting of North
Andover. This Annual Report indicated that six hundred seventy-two (672) tons of
Municipal Solid Waste had been received during 1999 which was contrary to the
information submitted with the Waste Ban Plan. This submittal indicated there had
been a change in the Operator of the Facility.
J. On February 29, 2000 Department personnel met with the Operator and its
consultant at the Facility for a re -inspection and to determine if the compost
operation was being operated suitably.. The compost Operation was determined to
be suitable but only marginally. During this visit, Department personnel became
aware that the compost operation was located on the former Incinerator Ash
Landfill. Re -grading of this area preparatory to conducting the compost operation
required excavating into the old Landfill which had not been approved by the
Department.
K. On May 10, 2000 the Department received a complaint regarding the operation of
the Facility. Based on further review of the approved existing plans the Department
determined that the Facility had only been approved for waste to be placed directly
into compactor units located within the Incinerator building. No processing to
remove recyclable materials inside or outside the building had been approved.
L. On May 17, 2000 Department personnel re -inspected the Facility. During this
inspection the Department informed the Operator that the Facility was only
permitted to dispose of waste directly into compactor units within the building. The
Facility was not approved for the open-air sorting of recyclables from C&D.
M. On July 26, 2000 an Enforcement Conference was held in the Department's
Wilmington office. Representatives of the City and Operator attended. The
purpose of this conference was to discuss alleged violations at the Facility, the steps
necessary to return to compliance, a penalty for these alleged violations and, to
determine if the City and Operator wanted to resolve these matters via a Consent
Order. _
N. By letter dated January 9, 2001 a draft Consent Order was sent to both the City and
Operator for their review and comment. This letter requested comments be
Page 4 of 13
submitted by January 26, 2001. Subsequently, at the request of the City the
submittal date was extended to February 9, 2001.
0. The January 9, 2001 letter stated "It should be noted further, to avoid the imposition
of further penalties, that the day to day operation of thefacility must be conducted in
strict conformance with all existing approvals. This includes, but is not limited to,
the direct deposit of all incoming waste materials directly into the hoppers within the
Transfer Station building. No deposition and/or processing of in -coming waste
outside the building is presently allowed under existing approvals."
P. On January 25, 2001 Department personnel conducted a compliance inspection of
the Facility. ,The Department alleges that the following alleged and continuing
violations were found:
1. Waste was being deposited outside of the transfer station building onto the
ground and into a dumpster in non-compliance with the operating permit. No
access could be made to tipping floor of the building due to obstructions at the
entrance (piles of wood and other debris).
2. A portion of the ash landfill had been cut/excavated to construct a ramp
system for solid waste trailers/containers thereby modifying the mode of
operation without prior approval from the Department. It appears the ash
landfill had never been properly graded and closed (no cover and vegetation
on top and side slopes).
3. The signage observed at the entrance to the facility did not indicate the hours
of operation, limitations and what types of solid wastes were or were not
accepted at the facility. The entrance gate to the facility appeared to be
inoperable
4. The facility was not adequately screened/fenced to shield the facility from
adjoining properties (street level). The screen/fence was sagging or torn and in
need or repairs.
5. Routine maintenance and cleanliness around the facility was lacking. Varying
amounts of debris were observed on the ground. The access driveway system
was not paved.
6. Good management practices were not being used for the composting
operation. Bulky materials (logs), tree branches, whole Christmas trees and,
other materials were being co -mingled into the compost pile. The compostable
material was not windrowed, but excessively stockpiled.
7. The facility is authorized to accept only construction and demolition waste.
Records of daily tonnage and other operational information were not available.
on site. According to the operator's representative, the information is sent
their North Andover office.
8. Seven (7) full roll -off containers containing solid waste were stored on site.
9. DPW roadway materials were being stockpiled on the Facility site.
10. Construction and demolition waste deposited on the ground at the Facility site
behind the Transfer Station building.
Q. On or about 9Feb01, the City and NCI submitted comments on the draft Consent
Order.
Page 5 of 13
R. On 22Feb01, a follow-up Enforcement Conference was held in the Department's
offices in Wilmington. Representatives of the City and NCI attended, and the
parties discussed alleged violations at the Facility, the steps necessary to return to
compliance, the penalty sought for the alleged violations, and the execution of the
Consent Order.
The Department alleges that the City has violated the following requirements:
A. 19.016: Post -Closure Use
No Person shall use a solid waste management facility site for any purpose other
than that established in the' permit or plan approval after closure without fust
obtaining Departmental approval.
B. 19.021: Transition Requirements for Existing Facilities
(4) Inactive Landfill Facility Filing Schedule
(a) Prior to January 1, 1992, the owner of an inactive landfill or
dumping ground that was in operation after April 21, 1971 but
ceased operations prior to July 1, 1990 shall file:
1. proof that the facility was closed in accordance with
plans approved by the Department; or
2. a final closure and post -closure plan in accordance with
310 CMR 19,030(3)(c)5. if the facility was not closed in
accordance with a closure/post-closure plan approved by
the Department.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions. The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all times with
the terms and conditions of the permit or approval, 310 CMR
19.000, M.G.L. c. 111, § 150A and all other applicable state and
federal statutes and regulations.
(e) Duty to Provide Information . The permittee shall furnish to
the Department, within a reasonable time, any information which
the Department may request and which is deemed by the
Department to be relevant in determining whether cause exists to
modify, revoke, or suspend a permit or approval, or to determine if
the permittee is complying with the permit or approval.
D. 19.060: Beneficial Use of Solid Wastes
(1) Applicability. No person shall make beneficial use of a solid waste
material unless they obtain a prior written determination of beneficial
use from the Department.
E. 19.130(32) Disruption of Landfilled Areas.
(a) No person shall excavate, disrupt or remove deposited material from
either an active, inactive or closed landfill without prior written approval
from the department.
F. 19.143: Post -Closure Use of Landfills
Page a of 13
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the prior
written approval of the Department.
8. The Department alleges that the Operator has violated the following requirements:
A. 19.008: Accurate and Timely Submittals
(1) Accurate Submittals. No person shall make any false, inaccurate, or
misleading statement in any application, document, information or
statement which that person submits or is required to submit to the
Department pursuant to 310 CMR 19.000, or any permit, order or approval
issued by the Department.
B. 19.039: Applicants. Request to Modify a Permit
(1) General . An owner or operator seeking to alter or change a permit or
the Department approved design, operation and maintenance procedures
or closure/post-closure design of a facility, including any conditions
imposed in the permit, shall apply to the Department for approval to
modify the permit in accordance with 310 CMR 19.039.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions . The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all times with
the terms and conditions of the permit or approval, 310 CMR
19.000, M.G.L. c. 111, § 150A and all other applicable state
and federal statutes and regulations.
(c) Duty to Halt or Reduce Activity. The permittee shall halt or
reduce activity whenever necessary to maintain
compliance with the permit conditions, or to prevent an actual or
potential threat to the public health, safety or the environment.
(e) Duty to Provide Information . The permittee shall furnish to
the Department, within a reasonable time, any information
which the Department may request and which is deemed by
the Department to be relevant in determining whether cause
exists to modify, revoke, or suspend a permit or approval, or
to determine if the permittee is complying with the permit or
approval.
D. 19.130: Operation and Maintenance Requirements
(32) Disruption of Landfilled Areas.
(a) No person shall excavate, disrupt or remove deposited
material from either an active, inactive or closed landfill without
prior written approval from the department.
E. 19.143: Post -Closure Use of Landfills
Page 7 of 13
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the
prior written approval of the Department.
F. 19.208: Access Facilities
(3) The operator shall prominently post at the entrance to the facility the
hours of operation and all limitations and conditions of access.
(4) The operator shall provide suitable barrier or fencing and gates to
limit unauthorized persons from access to the facility and for the gate
to be open only when an attendant or equipment operator is on duty.
The gate shall be closed and locked at all other times.
G. 19.209: Unloading Refuse
The operator shall provide for continuous supervised unloading of refuse from
incoming vehicles and shall post appropriate signs or other means to indicate
clearly where incoming vehicles are to unload the refuse by direction of the
attendant or equipment operator on duty.
H. 19.210: Control of Wind-blown Litter
(1) The operator shall take measures to prevent the scattering of refuse
and wind-blown litter.
(2) The operator shall provide for routine maintenance and general
cleanliness of the entire transfer station area. Such provisions are to be
detailed on the engineering plans or written operating procedures.
I. 19.215: Recycling Operations
(1) The operator may make provisions for the recycling of materials
provided that a definite plan of procedure is implemented and followed to
enable said operation to be carried out in an organized, sanitary, orderly
and dependable manner with minimal interference to the rountine transfer
station operations.
J. 19.220: Operational Records and Plan Execution
The transfer station facility operator shall maintain a daily log to record
operational information, including the type and quantity of refuse
received; the equipment, maintenance performed, personnel used, and any
deviations made from the approved plan and specifications submitted to
the Department.
9. The City and the Operator ("Parties") Have denied the allegations set out above, but have
agreed to enter into this Consent Order because they agree that it is in their own interests, and in the public
interest, to. proceed promptly with the actions called for herein rather than expend additional time and
resources litigating the allegations set forth above.
III. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Parties hereby consent to, the
following Order.
Page s of 13
10. The Department's authority to issue this Order is conferred by M.G.L. c. 21A, §16, and the
regulations promulgated thereunder at 310 CMR 5.00.
11. The Parties hereby waive their right to an adjudicatory hearing before the Department on,
and judicial review of, the issuance and terms of this Consent Order and to notice of any such rights of
review.
12. This Consent Order shall be binding on the Parties and on their officers, employees,
agents, successors, heirs and assignees. The Parties shall not violate this Consent Order and shall not
allow or suffer their officers, employees, agents, successors, heirs, assignees or contractors to violate this
Consent Order. The Parties shall provide a copy of this Consent Order to each successor or assignee
concurrent with establishing any succession or assignment.
13. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue any
additional Order or to seek any other relief with respect to the subject matter covered by this Consent
Order, or (ii) any legal or equitable right of the Department to pursue.any other claim, action, suit, cause of
action, or demand which the Department may have with respect to the subject matter covered by this
Consent Order, including, without limitation, any action toenforce this Consent Order in an
administrative or judicial proceeding. Notwithstanding the foregoing, the Department agrees that it will not
seek to assess the Parties civil administrative penalties beyond those described in this Consent Order for
theviolations alleged in Part II above, provided that the Parties satisfy the terms and conditions of this
Consent Order and any approval issued hereunder.
14. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating,
or in any way affecting, any legal or equitable right of the Department with respect to any subject matter not
covered by this Consent Order.
15. The City, shall perform or cause the performance of the following actions:
A. Upon the effective date of this Consent Order prohibit any person, including NCI,
from conducting any and all solid waste activities at the site except as authorized by the
Department in writing.
B. Comply with the landfill assessment process as set forth in 310 CMR 19.150 and in
the Department's corresponding Landfill Technical Guidance Manual (revised May,
1997) ("Guidance Manual") and shall implement any remedial responses approved by
the Department.
C. Undertake the landfill assessment and any necessary corrective action(s) according to
the following schedule:
1. By November 5, 2001, submit to the Department an Initial Site Assessment (ISA)
and Comprehensive Site Assessment Scope of Work (CSA Scope) in accordance
with the regulations at 310 CMR 19.000 and the Guidance Manual.
2. Within ninety (90) days of the Department's approval of the CSA Scope, initiate
the CSA, and install the required monitoring wells in accordance with the
approved schedule established in the CSA Scope.
Page 9 of 13
3. Within sixty (60) days of each sampling event, submit the results of the sampling
round, and include any proposed modifications to the CSA Scope.
4. Within ninety (90) days of the completion of the final round of environmental
sampling approved in the CSA, submit a final CSA in accordance with the
regulations at 310 CMR 19.150 et seq, the corresponding Guidance Manual and,
the approved CSA Scope.
5. Within ninety (90) days of completion of the final round of environmental
sampling approved in the CSA, submit a scope of work for a Corrective Action
Alternatives Analysis (CAAA Scope), with a schedule to complete the CAAA, in
accordance with the regulations.
6. Within sixty (60) days of the Department's approval of the CAAA scope, initiate
the CAAA and complete the CAAA in accordance with the schedule approved by
the Department.
7. Within sixty (60) days of the Department's approval of the CAAA, submit, for the
Department's approval, a Corrective Action Design (CAD), if necessary, in
accordance with the regulations. The CAD shall include final design plans, an
implementation schedule and details of any existing unapproved or proposed post -
closure use(s). If it is determined that a CAD is not necessary then, within this
same sixty (60) day period, submit an application for any existing unapproved or
proposed post -closure use(s).
8. By November 1, 2003, complete all necessary corrective actions, including the
installation of an approved final cover system and obtaining approval of any
existing unapproved post -closure uses, in accordance with the regulations, .
Guidance Manual and, the approved CAD.
9. Submit a certification report within sixty (60) days of the completion of any
corrective actions.
D. By November 5, 2001, the City shall obtain necessary City approval authorizing the
debt exclusion for the closure, remediation and post -closure monitoring of the
Landfill based upon the results and recommendations of the CSA, CAAA and CAD
as approved by the Department. Such authorization shall serve as an adequate
Financial Assurance Mechanism (FAM) for the closure cost and post -closure
monitoring of the Landfill. Where such authorization is not approved, the City must
provide, by December 7, 2001, an alternative FAM.
E. Submit to the Department a quarterly report following the signing of this Consent
Order, by the fifteenth (15th) of the following month, indicating the steps it has taken
to comply with the requirements of this Consent Order. The quarterly report shall
be submitted until the Department receives a certification report (see III. 15.138.
above) or it has been determined by the Department that final cover is not necessary.
F. Within thirty (30) days of the effective date of this Consent Order submit a Waste Ban
Plan in compliance with and as required by 310 CMR 19.017 et.seq.
16. The Operator shall perform the following actions:
Page 10 of 13
A. Upon the effective date of this Consent Order prohibit any person from conducting
any and all solid waste activities at the site except as authorized by the Department in
writing.
B. Continue to ensure the removal of all solid wastes and recyclable material from the
facility site
C. Immediately commence maintenance of a Daily Log at the Facility in compliance
with and as required by 310 CMR 19.220.
17. The Department hereby determines, and the Parties hereby agree, that the deadlines set
forth above constitute reasonable times to perform the acts agreed to in this Consent Order and to address
the alleged instances of noncompliance sited in Part II above.
18. Should the lease and/or contract between the Parties be discontinued for any reason, the
City agrees to assume all responsibility for the actions required to be completed by the Operator delineated
herein.
19. The actions required by this Consent Order are subject to approval by the Department and
shall be performed in accordance with M.G.L. c. 21C, §5, and the regulations promulgated thereunder at
310 CMR 30.000, M.G.L. c. 111, §§142A -N, and the regulations promulgated thereunder at 310 CMR
6.00-8.00, M.G.L. c. 111, §§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR
16.00 and 19.000, M.G.L. c. 21I, and the regulations promulgated thereunder at 310 CMR 50.00, M.G.L. c.
21, §§26-43, and the regulations promulgated thereunder at 314 CMR 3.00, 5.00, 7.00, 8.00 and 15.00. and
all other applicable federal, state and local laws, regulations and approvals.
20. The Parties shall pay to the Commonwealth the sum of Sixty Seven Thousand ($67,000)
Dollars as a civil administrative penalty for the violations listed in Part H above, as follows:
A. Within thirty (30) days of the effective date of this Consent Order, the City shall pay to the
Commonwealth the. sum of Three Thousand ($3,000) Dollars and the Operator shall pay
Twenty Two Thousand Five Hundred ($22,500) Dollars; and
B. In the event the City violates any provision of this Consent Order, or further violates any of the
requirements cited in Part II above, the City shall pay to the Commonwealth the sum of
Thirteen Thousand Seven Hundred Fifty ($13,750) Dollars within thirty (30) days of receipt
of the Department's written notice thereof.
C. In the event the Operator violates any provision of this Consent Order, or further violates any
of the requirements cited in Part II above, the Operator shall pay to the Commonwealth the
sum of Twenty Seven Thousand Seven Hundred Fifty ($27,750) Dollars within thirty (30)
days of receipt of the Department's written notice thereof.
21. In addition to the penalty in paragraph III. 20 above, if either of the Parties violates this
Consent Order, that party shall pay stipulated civil administrative penalties to the Commonwealth in
accordance with the following schedule:
Page 11 of 13
For each day, or portion thereof, of each violation, that party shall pay stipulated civil
administrative penalties as follows:
Period of Violation Penalty per day
1 st through 15th day
$500 per day
16th through 30th day
$1000 per day
31 st day and thereafter
$2000 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall
continue to accrue until the day the City or the Operator corrects the violation or completes performance,
whichever is applicable. Even if violations are simultaneous, separate penalties shall accrue for separate
violations of this Consent Order. Stipulated civil administrative penalties shall accrue regardless of
whether the Department has notified the Parties of a
stipulated civil administrative penalties shall not alt
performance as required by this Consent Order.
violation or act of noncompliance. The payment of
:r in any way the Parties' obligation to complete
All stipulated civil administrative penalties accruing under this Consent Order shall be paid within
thirty (30) days of the date the Department sends a written demand therefor. If a court judgment is
necessary to execute a claim for such stipulated penalties under this paragraph, the Parties agree to assent
to the entry of such judgment. The stipulated civil administrative penalties set forth herein shall not
preclude the Department from electing to pursue alternative remedies or alternative civil or criminal
penalties which may be available by reason of the Parties'failure to comply with the requirements of this
Consent Order. hi the event the Department collects alternative civil administrative penalties, the Parties
shall not be required to pay such stipulated penalties pursuant to this Consent Order.
22. The Parties shall pay all civil administrative penalties due under this Consent Order by
certified check, cashier's check or money order payable to the Commonwealth of Massachusetts. The City
and the Operator shall each clearly print their name i.e. "City of Salem" or "Northside Carting, Inc.", the
file number (ACOP-NE-004XXX), and their respective Federal Employer Identification Number on the
face of their separate payments, and each shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3584
Boston, Massachusetts 02241-3584
The City and the Operator each shall deliver a copy of the payment to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Page 12 of 13
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
In the event the City and/or the Operator fails to pay its portion in full any civil administrative penalty on
or before the date due under this Consent Order, and in the manner and form required by this Consent
Order, the City and/or the Operator shall pay to the Commonwealth three (3) times the amount of its
respective civil administrative penalty, together with costs, plus interest on the balance due from the time
the civil administrative penalty became due and attorneys' fees, including all costs and attorneys' fees
incurred in the collection thereof. The rate of interest shall be the rate set forth in M.G.L. c. 231, §6C.
23. The Parties agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to the Facility for purposes of conducting any
activity related to its oversight of this Consent Order. Notwithstanding any provisions of this Consent
Order, the Department retains all of its access authorities and rights under applicable state and federal law.
24. For purposes of M.G.L. c. 21A, §16, and 310 CMR 5.00, this Consent Order shall serve as
a Notice of Noncompliance for the Parties' alleged noncompliance with the requirements cited in Part 11
above.:
25. This Consent Order shall not be construed as, or operate as, relieving the Parties or any
other person of the necessity of complying with all applicable federal, state and local laws and regulations.
26. This Consent Order may be modified only by written agreement of the Parties hereto.
27. This Consent Order shall become effective on the date of the last signature set forth below.
28. Each undersigned representative hereby certifies that he/she is fully authorized to enter into
the terms and conditions of this Consent Order and to legally bind the party on whose behalf such
representative is signing to this Consent Order.
29. All engineering work performed pursuant to this Consent Order shall be under the general
direction and supervision of a qualified registered professional engineer. Any contractual relationship
between the Parties and an engineer to perform such services shall require the engineer, as a condition of
the contract, to implement work consistent with the provisions of this Consent Order. The Parties shall
each provide the Department with a copy of such contracts within thirty (30) days of written request by the
Department. The Department shall not be deemed a parry to any such contract and does not assume any
liability under any such contract.
30. The Parties shall pay all permit application fees due under this Consent Order in
accordance with the instructions set forth in the permit application and shall deliver a copy of the payment
to:
Ms. Heidi M. O'Brien
Page 13 of 13
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
31. This Consent Order may be executed in three (3) or more counterparts each of which shall
be deemed an original and all of which shall constitute one and the same instrument.
CITY OF SALEM:
Stanley Bornstein Director
City of Salem
Department of Public Services
93 Washington Street
Salem, MA 01970
Telephone 978-745-9595
Federal Employer ID #
Date:
NORTHSIDE CARTING, INC.:
L2
Date:
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
M
William P. Gaughan, Regional Director
Metropolitan Boston/Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
Telephone (978) 661-7600
Ncrnacdona/c drive%nOSalem Transfer Station fnl ACOP -NE -01-0005
Robert George, President
Northside Carting, Inc.
215 Weathersfield Street
Rowley, MA 01969
Telephone: 978-745-0635
Federal Employer ID # _
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management — Facility Siting
BWP SW 01 Site Suitability Report
BWP SW 38 Major Modification of Site Suitability Report
Instructions and Supporting Materials
Table of Contents
introduction
• permit fact sheet
• appendix A: sample public notice
• completeness checklist
Introduction
MassDEP Permit Applications, as well as Instructions & Support Materials, are available for
download from the MassDEP Web site at mass.gov/dep in two file formats: Microsoft WordTm and
Adobe Acrobat PDF TM. Either format allows documents to be printed.
Instructions & Support Materials files in Microsoft Word TM format contain a series of documents
that provide guidance on how to prepare a permit application. Although we recommend that you
print out the entire package, you may choose to print specific documents by selecting the
appropriate page numbers for printing.
Permit Applications in Microsoft Wordv format must be downloaded separately. Users with
Microsoft Word TM 97 or later may complete these forms electronically.
Permitting packages in Adobe Acrobat PDF TM format combine Permit Applications and
Instructions & Support Materials in a single document. Adobe Acrobat PDF TM files may only be
viewed and printed without alteration. Permit Applications in this format may not be completed
electronically.
Site Assignment Requirements.doc • rev. 6107 BWP SW 01, 38 Introduction • Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management — Facility Siting
BWP SW 01, 38
Permit Fact Sheet
1. What is the purpose of this report?
The purpose of the site assignment process is to determine if a parcel of land is suitable to use as a site
solid waste management facility. Site assignments are granted by the local board of health following,
MassDEP review of the site assignment application. This review determines if the site meets all the crite
established in the Site Assignment Regulations. Suitability criteria are intended to protect public health,
and the environment by requiring that minimum distances be maintained from drinking water suppliest
residences, hospitals, schools and other sensitive receptors. Suitability criteria are also intended to addr
concerns over traffic, rare and endangered species, air quality, agricultural lands, Areas of Critical
Environmental Concern and potential nuisances.
purpose of the Major Moditication of a Suitability Report is to allow the Major Modification of an
I Waste Site Assignment. What constitutes a Major modification is defined in the Solid Waste S
gnment requlations at 310 CMR 16.220.1
Legislative authority is stated in MGL c. 21 A, ss. 2 & 8 and c. 111, ss. 150A and 150A'/2. Regulatory authority
is found in 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities.
2. Who must apply?
SW01: Any individual, business or organization that is seeking t expand a solid waste management facility
or establish a new solid waste management facility at an unassigned -site must apply for a site assignment.
SW38: Any individual, business or organization that is seeking to make a Major Modification to an existing
site assignment. What constitutes a Major modification is defined in the Solid Waste Site Assignment
regulations at 310 CMR 16.22(2).
A Solid Waste Management Facility is an established site or works, and other appurtenances thereto, which
is, has been, or will be used for the storage, transfer, processing, treatment or disposal of solid waste
including all land, structures and improvements which are directly related to solid waste management
activities.
3. What other requirements should be considered when applying?
Pursuant to 310 CMR 16.30, -5 -se —pa rate application fee to -the local board of health that include
fee and a public hearing fee, is required to cover the board's expenses in receiving information
conducting a hearing relative to the site assignment or site assignment major modification
Permits of this type will often require MEPA review. Please carefully examine 301 CMR 11.00, the
Massachusetts Policy Act (MEPA) Regulations, to determine if your project exceeds the MEPA review
thresholds, or for more information contact the MEPA Unit of the Executive Office of Environmental Affairs
(251 Causeway Street, Suite 900 Boston MA, 02114; Phone: 617-626-1000). MassDEP cannot complete
technical review of the permit application until the MEPA process has been concluded. Copies of
MEPA filings should be sent to the appropriate program offices in Boston and the MEPA Coordinator in the
appropriate Regional Office. Find your region: http://mass.gov/dep/about/region/findyour.htm
BWP SW38 Only: When applying for a Major Modification, the applicant need only complete those sections
of the form that concern criteria affected by the major modification as determined in writing by the
Department. The applicant shall obtain this written determination from the Solid Waste Section in the
MassDEP Regional Office prior to completing and submitting this application.
Site Assignment Requirements.doc • rev. 6/07 BWP SW 01, 38 Permit Fact Sheet • Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management — Facility Siting
BWP SW 011 38
Permit Fact Sheet
Note: This list of additional requirements is presented as a guide and does not necessarily include all
additional requirements.
4. What is the application fee?
The application fee for BWP SW01 is $8,615
The application fee for BWP SW38 is $1,565
5. Where must copies of the application be submitted?
Copies of the application form, including the MassDEP Transmittal form, should be submitted as follows (See
310 CMR 16.08(2) for details):
• 1 copy to the Solid Waste Section in the MassDEP Regional Office in which the proposed site is located.
Find your region: http://mass.gov/deo/about/region/findyour.htm
• 1 copy to the MassDEP, Bureau of Waste Prevention, Business Compliance Division, 1 Winter Street,
Boston, MA 02108.
Two copies to the local board of health.
• 1 copy to the local library
• One copy to:
Massachusetts Department of Public Health
Bureau of Environmental Health Assessment
250 Washington Street
7th Floor
Boston, MA 02108
• One copy to the board of health of any municipality within one half mile of any boundary of the proposed
site.
• 1 copy to the library of any municipality within one half mile of any boundary of the proposed site.
• 1 copy to the applicable regional planning agency duly established by the Legislature and governing the
municipality in which the proposed facility is to be located
• 1 copy to any person requesting it during the public comment period. The applicant may charge the
reasonable cost of reproduction.
6. What are the timelines?
Where can I get a copy of the timelines?
The timelines are available on the MassDEP Website: www.mass.gov/deo/service/online/fees.htm
Note: Timelines for review of applications for site assignment and applications for major modifications of site
assignments by the Department and local boards of health are established in the Site Assignment
Regulations, 310 CMR 16.00.
Site Assignment Requirements.doc • rev. 6/07 BWP SW 01, 38 Permit Fact Sheet • Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management — Facility Siting
BWP SW 011 38
Permit Fact Sheet
7. What is the annual compliance fee?
There is no annual compliance fee associated with this report.
8. How long is this report in effect?
There is no applicable time limitation.
9. How can I avoid the most common mistakes made in this process?
Consult with the MassDEP about the scope of work prior to conducting the evaluation required at 310 CMR
16.40(4)(k), Consideration of Other Sources of Contamination or Pollution.
a. Make sure MEPA requirements have been met.
b. Pay the Technical Fee required pursuant to 310 CMR 16.30 to the board of health. Include a completed
copy of the MassDEP Transmittal Form* with the application.
c. Submit the MassDEP application fee and a copy of the MassDEP Transmittal Form* to: Department of
Environmental Protection, P. O. Box 4062, Boston, MA 02211.
10. What are the regulations that apply to this process? Where can I get copies?
These regulations include, but are not limited to:
a. Site Assignment for Solid Waste Facility Regulations, 310 CMR 16.00
b. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.
These may be purchased at:
State Bookstore (in State House)
Room 116
Boston, MA 02133
617-727-2834
State Bookstore
436 Dwight Street, Room 102
Springfield, MA 01103
413-784-1376
*http://mass.gov/dep/service/online/trasmfrm.shtmi
Site Assignment Requirements.doc • rev. 6/07 BWP SW 01, 38 Permit Fact Sheet • Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention - Solid Waste Management - Facility Siting
BWP SW 01 Site Suitability Report
BWP SW 38 Major Modification of Site Suitability Report
Application Completeness Checklist
Site Assignment Public Notice Advertisement Format
Department of Environmental Protection
Bureau of Waste Prevention
(Regional Office Address and telephone number)
Town/City of,
Public Notice
In accordance with Massachusetts General Laws, Chapter 111, Sections 150A and 150A 1/2 and the
regulations promulgated thereunder, 310 CMR 16.00 "Site Assignment Regulations for Solid Waste
Facilities," an application for site assignment has been filed with the (town) Board of Health or (city)
Department of Public Health for the site assignment of a (sanitary landfill/transfer station/resource recovery
facility, select appropriate facility), area located at (provide complete address and location of the site,
including the abutting properties).
The area under consideration is acres, and will be used for a (sanitary landfill/transfer
station/resource recovery facility; select appropriate facility) that will accept the (municipal, construction and
demolition, ash, etc, identify waste) solid wastes at approximately tons/day. The proponent is
(provide name and complete address of the proponent).
Copies of the Site Assignment Application may be reviewed at the offices of the (provide name and complete
address of the Town/City office and/or any other location, as well as the times the application may be
reviewed)
between the hours of A.M. to P.M.
The Department of Environmental Protection (the Department) shall receive comments on the proposed
facility site for 21 days from the date the applicant provides proof to the Department that this Public Notice
has been published and that all other public notice requirements are completed. All comments regarding the
assignment of this site should reference the MassDEP File #,(DEP FILE # ), and be mailed to: (name
and address of appropriate MassDEP regional office).
The applicant may modify the application for the initial forty (40) days of the review period where such
modifications are deemed not to be major modifications. The Department shall issue a Department Report on
Suitability within sixty (60) days of receiving proof from the applicant that all public notice requirements are
completed.
Site Assignment Requirements.doc • rev. 6/07 BWP SW 01, 38 Application Completeness
Checklist • Page 1 of 1
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management — Facility Siting
BWP SW 01 Site Suitability Report
BWP SW 38 Major Modification of Site Suitability Report
Application Completeness Checklist
❑ The MassDEP Transmittal Form is completed: http://mass.gov/del)/service/online/trasmfrm.shtmi
❑ Form BWP SW 01, 38 is completed.
❑ A cover letter is attached explaining the request.
To submit the application package:
❑ Checklist items have been completed.
❑ Send one copy of the application along with one copy of the MassDEP Transmittal Form to:
Department of Environmental Protection
Regional Office
Solid Waste Management
*Find your region: http://mass.gov/dep/about/region/findVour.htm
❑ Send fee of:
$8,615 for SW 01;
$1,565 for SW 38;
in the form of check or money order made payable to Commonwealth of Massachusetts, along with one copy
of the MassDEP Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
Site Assignment Requirements.doc • rev. 6/07 BWP SW 01, 38 Application Completeness
Checklist • Page 1 of 1
IMPORTANT MESSAGE
FOR 644
A.M.
DATE.3%Z l' ' '� " TIME 0'20 P.M.
M
OF �y
PHONE Z!T /-
AREA CODE NUMBER EXTENSION
O FAX
O MOBILE
AREA CODE /NUMBER TIME TO CALL
TELEPHONED
PLEASE CALL
CAME TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU.
RUSH
RETURNED YOUR CALL
WILL FAX TO YOU
SIGNED
®s PORM 4009
■■■���■ MADE IN U.S.A. �/ V
1S C A
Po t �
o oo
7fff��yr-1���
Govt Iw,va� nal -tlr CS
/�A��,
���//lie
L� /� T7�� t
�'U� (2%
��'�` �4vrw
l�c/I
C"an-���a..ol,2vu
CVO
EflVl090MEfl10l
SERVICES
December 3, 2004
Ms. Joanne Scott
Director of Public Health
120 Washington Street, Fourth Floor
Salem Massachusetts 01970
DEC , 6 2004
V
BOA D OF yEAE H
RE: Response Action Outcome (RAO) Statement, RTN 4-18658
Salem, Massachusetts — Swampscott Road and #38 Swampscott Road
"Sudden Release " ofHydraulic Oil
Dear Ms. Scott:
Pursuant to 310 CMR 40.1403(3)(0 of the Massachusetts Contingency Plan, 310 CMR 40.0000, the
Chief Municipal Officer and Board of Health in the community(ies) in which a Disposal Site is located
and any other communities which are, or are likely to be, affected by the Disposal Site shall be notified
of the availability of any Response Action Outcome (RAO) Statements filed pursuant to 310 CMR
40.1000.
Cyn Environmental Services has recently filed an RAO Statement report package with the Massachusetts
Department of Environmental Protection for the above referenced location. The package was filed in
response to a release/tbreat of release of oil and/or hazardous material, and outlined that a level of No
Significant Risk and a Permanent Solution were ultimately achieved at the Disposal Site as a result of
remedial activities. Additionally, pursuant to 310 CMR 40.0960, a level of No Significant Risk to safety
has also been achieved at the Disposal Site, and the Site will not in the foreseeable future pose a threat of
physical harm or bodily injury to people.
A complete copy of the RAO Statement report package for the above referenced location/release is available
to you through the Massachusetts Department of Environmental Protection Northeast Regional File Facility,
35 Congress Street, Shetland Office Park, Salem, Massachusetts 01970. You may reach this facility at
(978) 740-0809.
Sincerely,
ga
Strac n �2nager �J
cc: Mayor Stanley J. Usovicz, Jr., Salem Mayor's Office, 93 Washington Street, Salem, MA 01970
MADEP, Northeast Regional Office (by way of RAO report)
Steven Casey, P.A. Landers (by way of RAO report)
Dolben Co. (by way of RAO report)
Cyn File
P.O. BOX 0119. 100 TOSCA DRIVE•STOUGHTON, MA02072-0119 TELEPHONE 781-341-1777 -FAX 781-341-6246
1-800-242-5818 in MA • 1-800-622-6365 outside MA
JANE SWIFT
Governor
April 27, 2001
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
BOB DURAND
MAY 1 - 2001 Secretary
LAUREN A. LISS
CITY OF SALEM Commissioner
HEALTH DEPT.
Stanley Bornstein, Director
City of Salem
Department of Public Services
93 Washington Street
Salem, MA 01970
RE: SALEM — SWM
Salem Transfer Station
12 Swampscott Road
FMF# 39974
Dear Messers Bornstein and George:
Robert George, President
Salem Environmental, Inc
215 Weathersfield Street
Rowley, Ma. 01969
On 22Feb01 an Enforcement Conference (EC) was held at DEP's NERO office in Wilmington to
continue discussions of the violations of the Solid Waste regulations at the Salem Transfer Satation.
At the meeting a second version of a draft Administrative Consent Order with Penalty (ACOP) was
discussed. This second version modified the original draft ACOP that was sent to each of you by
letter dated 9Jan01 and reflected further violations of the Solid Waste regulations at the Transfer
Station observerd on 25Jan01.
Please submit any comments to me at the letterhead address by 11May01 if it still your intention to
resolve this matter via an ACOP. If you have questions concerning the draft, please call me at 978-
661-7650.
M
ely, H. 4aconald
Regional Engineer for
Waste Prevention
Cc: John Keenan, Salem City Solicitor, 1 Salem Green, Salem, Ma, 01970
Barry Fogel, Keegan, Werlin & Pabian, 21 Custom House Street, Boston, Ma 02110-3525
Salem Board of Health
Heidi M. O'Brien, DRD NERO
Encl: Modified Draft ACOP
This information is available in alternate format by calling our ADA Coordinator at (6l7) 574-6672
205A Lowell SL Wilmington. MA 01887 a Phone (978) 661-7600 • Fax (978) 661-7615 a TTDM (978) 661.7679
0 Pdnted on Recycled Paper
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the Matter of: )
City of Salem )
and Northside Carting, Inc )
(a.k.a Salem Environmental, )
Inc.) )
Laid 1 W191119K!
CONSENT ORDER AND
NOTICE OF NONCOMPLIANCE
ACOP -NE -01 4XXX
I. THE PARTIES
1. The Department of Environmental Protection (the "Department") is a duly constituted
agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, §7, with a principal
office located at One Winter Street, Boston, Massachusetts 02108, and a regional office located at 205A
Lowell Street, Wilmington, Massachusetts 01887.
2. The City of Salem ("City") is a municipal corporation located in Essex County and duly
organized under the laws of the Commonwealth of Massachusetts, with its principal offices located at City
Hall, Salem, MA 01970. The City owns and has a Solid Waste permit for a Solid Waste Transfer Station
located on Swampscott Road in Salem (the "Facility").
3. Northside Carting, Inc. ("NCI")-'a.k.a. Salem Environmental, Inc - is a Massachusetts
corporation with a place of business at 215 Weathersfield Street, Rowley, Ma. 01969 (the "Operator").
Mr. Robert George is President of NCI. The Facility is operated by NCI under contract to the City.
H. STATEMENT OF FACTS AND LAW
4. The Department is responsible for the implementation and enforcement of M.G.L. c. 111,
§§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR 16.00 and 19.000. The
Department has authority under M.G.L. c. 21A, §16, and the regulations promulgated thereunder at 310
CMR 5.00, to assess civil administrative penalties to persons in noncompliance with its regulations.
5. The City is the owner and penriittee of the Salem Transfer Station. NCI operates the Salem
Transfer Station under a contract with the City.
6. The following facts are alleged by the Department as the basis for the parties to enter into
Consent Order:
DRAFT
Page 2 of 14
A. On June 9, 1960 the Facility site was Site Assigned by the City's Board of Health
for a solid waste incinerator.
B. On September 9, 1975 the Department issued a conditional approval to the City
allowing the conversion of the Solid Waste Incinerator building to a Solid Waste
Transfer Station. The City was required by this approval to cap the Landfill on
which the Incinerator was sited and to notify the Department upon completion of
this capping. No notification of the Landfill capping exists in the record. The
operation that was approved allowed the discharge, via a chute, of Municipal Solid
Waste ("MSW') from entirely within the modified building, to compactors. After
compaction the MSW was loaded into trailers for off-site disposal.
C. On June 3, 1994 the Department issued a Permit -by -Rule to the City for the
continued operation of the Facility.
D. On January 10, 1995 the City notified the Department, in writing, that, effective
September 1, 1994, the Facility would be operated by NCI and that the City would
retain ownership of the Facility.
E. On September 22, 1999 a compliance inspection of the Facility was conducted as a
result of the Department's receipt of a complaint. During this inspection
Department personnel noted open-air sorting of Construction and Demolition
("C&D") wastes, open-air storage, large compost piles, use of C&D materials as fill,
and the storage of materials adjacent to a waterway.
F. On December 10, 1999 the Department issued a Notice of Non-compliance (NON —
NE -99-4021) to both the City and the Operator for violations observed on
September 22, 1999. In particular, the Department noted that the facility was in
noncompliance with the following:
1. The facility layout had been modified from those presented and approved
in the Permit -by -Rule application, including a modification of grades and
waste handling and storage areas, without an application and approval in
accordance with 310 CMR 19.039.
2. Processed compost and solid waste materials, including woodwaste,
demolition debris, and bulky metal objects, were being stored at the
facility in a manner that was not organized and orderly, and without an
approved plan, in accordance with 310 CMR. 19.215. The approved
Pemrit-by=Rule application did not indicate the uncontainerized storage of
solid waste (demolition debris, woodwaste, and metals), and the storage of
compost material at the facility that hindered movement at the facility.
The facility is not approved as a compost or compost storage facility.
3. Surface grades on the west side of the transfer station building were
modified using solid waste materials (demolition debris) without a
Beneficial Use Determination in accordance with 310 CMR 19.060.
4. Solid waste materials (demolition debris) were used to construct a
roadway exiting the property to the north without a Beneficial Use
Determination.
DRAFT
Page 3 Of 14
5. Compost and demolition debris were being stored at the site without a
permit within an apparent Wetlands Buffer Zone without a filing a
Determination of Applicability or Notice of Intent with the local
Conservation Commission.
6. Solid waste and recyclable materials appeared to have been stored at the
site for more than 60 days.
7. Daily logs were not maintained at the facility in accordance with 310
CMR 19.220. Past'daily logs were reportedly kept at the operator's office
in North Andover, Massachusetts.
G. On December 14, 1999 the City responded to the NON by notifying the Department
that the Facility had been leased to NCI and that NCI would hire a consultant to
review its operations.
H. On January 6, 2000 the Department received a Waste Ban Plan required to be
submitted by the regulations for the Facility. This Waste Ban Plan indicated that
only C&D was received at the Facility.
I. On February 16, 2000 the Department received the Facility's 1999 Annual Report as
required to be submitted by the regulations. This Annual Report was prepared by
the Operator, Mr Robert George, under the name of Northside Carting of North
Andover. This Annual Report indicated that six hundred seventy-two (672) tons of
Municipal Solid Waste had been received during 1999 which was contrary to the
information submitted with the Waste Ban Plan. This submittal indicated there had
been a change in the Operator of the Facility.
J. On February 29, 2000 Department personnel met with the Operator and its
consultant at the Facility for a re -inspection and to determine if the compost
operation was being operated suitably. The compost Operation was detemvned to
be suitable but only marginally. During this visit, Department personnel became
aware that the compost operation was located on the former Incinerator Ash
Landfill. Re -grading of this area preparatory to conducting the compost operation
required excavating into the old Landfill which had not been, approved by the
Department.
K. On May 10, 2000 the Department received a complaint regarding the operation of
the Facility. Based on further review of the approved existing plans the Department
determined that the Facility had only been approved for waste to be placed directly
into compactor units located within the Incinerator building. No processing to
remove recyclable materials inside or outside the building had been approved.
L. On May 17, 2000 Department personnel re -inspected the Facility. During this
inspection the Department informed the Operator, Mr. Robert George, that the
Facility was only permitted to dispose of waste directly into compactor units within
the building. The Facility was not approved for the open-air sorting of recyclables
from C&D.
M. On July 26, 2000 an Enforcement Conference was held in the Department's
Wilmington office. Representatives of the City and Operator attended. The
purpose of this conference was to discuss alleged violations at the Facility, the steps
DRAFT
Page 4 of 14
necessary to return to compliance, a penalty for these alleged violations and, to
determine if the City and Operator wanted to resolve via a Consent Order.
N. By letter dated January 9, 2001 a draft Consent Order was sent to both the City and
Operator for their review and comment. This letter requested comments be
submitted by January, 26, 2001. Subsequently, at the request of the City the
submittal date was extended to February 9, 2001.
O. The January 9, 2001 letter stated "It should be noted further, to avoid the imposition
of further penalties, that the day to day operation of the facility must be conducted in
strict conformance with all existing approvals. This includes, but is not limited to,
the direct deposit of all incoming waste materials directly into the hoppers within the
Transfer Station building. No deposition and/or processing of in -coming waste
outside the building is presently allowed under existing approvals."
P. On January 25, 2001 Department personnel conducted a compliance inspection of
the Facility. The following alleged new and continuing violations were found:
1. Waste was being deposited outside of the transfer station building onto the
ground and into a dumpster in non-compliance with the operating permit. No
access could be made to tipping floor of the building due to obstructions at the
entrance (piles of wood and other debris).
2. A portion of the ash landfill had been cut/excavated to construct a ramp
system for solid waste trailers/containers thereby modifying the mode of
operation without prior approval from the Department. It appears the ash
landfill had never been properly graded and closed (no cover and vegetation
on top and side slopes).
3. The signage observed at the entrance to the facility did not indicate the hours
of operation, limitations and what types of solid wastes were or were not
accepted at the facility. The entrance gate to the facility appeared to be
inoperable
4. The facility was not adequately screened/fenced to shield the facility from
adjoining properties (street level). The screen/fence was sagging or tom and in
need or repairs.
5. Routine maintenance and cleanliness around the facility was lacking. Varying
amounts of debris were observed on the ground. The access driveway system
was not paved.
6. Good management practices were not being used for the composting
operation. Bulky materials (logs), tree branches, whole Christmas trees and,
other materials were being co -mingled into the compost pile. The compostable
material was not windrowed, but excessively stockpiled.
7. The facility is authorized to accept only construction and demolition waste.
Records of daily tonnage and other operational information were not available
on site. According to the operator's representative, the information is sent
their North Andover office.
8. Seven (7) full roll -off containers containing solid waste were stored on site.
9. DPW roadway materials were being stockpiled on the Facility site.
DRAFT
Page 5 of 14
10. Construction and demolition waste deposited on the ground at the Facility site
behind the Transfer Station building.
7. The Department alleges that the City has violated the following requirements:
A. 19.016: Post -Closure Use
No Person shall use a solid waste management facility site for any purpose other
than that established in the permit or plan approval after closure without first
obtaining Departmental approval.
B. 19.021: Transition Requirements for Existing Facilities
(4) Inactive Landfill Facility Filing Schedule
(a) Prior to January 1, 1992, the owner of an inactive landfill or
dumping ground that was in operation after April 21, 1971 but
ceased operations prior to July 1, 1990 shall file:
1. proof that the facility was closed in accordance with
plans approved by the Department; or
2. a final closure and post -closure plan in accordance with
310 CMR 19.030(3)(c)5. if the facility was not closed in
accordance with a closure/post-closure plan approved by_
the Department.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions . The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all times with
the terms and conditions of the permit or approval, 310 CMR
19.000, M.G.L. c. 111, § 150A and all other applicable state and
federal statutes and regulations.
(e) Duty to Provide Information. The permittee shall furnish to
the Department, within a reasonable time, any information which
the Department may request and which is deemed by the
Department to be relevant in determining whether cause exists to
modify, revoke, or suspend a permit or approval, or to determine if
the permittee is complying with the permit or approval.
D. 19.060: Beneficial Use of Solid Wastes
(1) Applicability. No person shall make beneficial use of a solid waste
material unless they obtain a prior written detennination of beneficial
use from the Department.
E. 19.130(32) Disruption of Landfilled Areas.
(a) No person shall excavate, disrupt or remove deposited material from
either an active, inactive or closed landfill without prior written approval
from the department.
F. 19.143: Post -Closure Use of Landfills
DRAFT
Page 6 of 14
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the prior
written approval of the Department.
8. The Department alleges that the Operator has violated the following requirements:
A. 19.008: Accurate and Timely Submittals
(1) Accurate Submittals. No person shall make any false, inaccurate, or
misleading statement in any application, document, information or
statement which that person submits or is required to submit to the
Department pursuant to 310 CMR 19.000, or any permit, order or approval
issued by the Department.
B. 19.039: Applicant's Request to Modify a Permit
(1) General . An owner or operator seeking to alter or change a permit or
the Department approved design, operation and maintenance procedures
or closure/post-closure design of a facility, including any conditions
imposed in the permit, shall apply to the Department for approval to
modify the permit in accordance with 310 CMR 19.039.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions. The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all times with
the terms and conditions of the permit or approval, 310 CMR
19.000, M.G.L. c. 111, § 150A and all other applicable state
and federal statutes and regulations.
(c) Duty to Halt or Reduce Activity . The permittee shall halt or
reduce activity whenever necessary to maintain -
compliance with the permit conditions, or to prevent an actual or
potential threat to the public health, safety or the environment.
(e) Duty to Provide Information. The permittee shall furnish to
the Department, within a reasonable time, any information
which the Department may request and which is deemed by
the Department to be relevant in determining whether cause
exists to modify, revoke, or suspend a permit or approval, or
to determine if the permittee is complying with the permit or
approval.
D. 19.130: Operation and Maintenance Requirements
(32) Disruption of Landfilled Areas.
(a) No person shall excavate, disrupt or remove deposited
material from either an active, inactive or closed landfill without
prior written approval from the department.
E. 19.143: Post -Closure Use of Landfills
DRAFT
Page 7 of 14
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the
prior written approval of the Department.
F. 19.208: Access Facilities
(3) The operator shall prominently post at the entrance to the facility the
hours of operation and all limitations and conditions of access.
(4) The operator shall provide suitable barrier or fencing and gates to
limit unauthorized persons from access to the facility and for the gate
to be open only when an attendant or equipment operator is on duty.
The gate shall be closed and locked at all other times.
G. 19.209: Unloading Refuse
The operator shall provide for continuous supervised unloading of refuse from
incoming vehicles and shall post appropriate signs or other means to indicate
clearly where incoming vehicles are to unload the refuse by direction of the
attendant or equipment operator on duty.
H. 19.210: Control of Wind-blown Litter
(1) The operator shall take measures to prevent the scattering of refuse
and wind-blown litter.
(2) The operator shall provide for routine maintenance and general
cleanliness of the entire transfer station area. Such provisions are to be
detailed on the engineering plans or written operating procedures.
I. 19.215: Recycling Operations
(1) The operator may make provisions for the recycling of materials
provided that a definite plan of procedure is implemented and followed to
enable said operation to be carried out in an organized, sanitary, orderly
and dependable manner with minimal interference to the rountine transfer
station operations.
J. 19.220: Operational Records and Plan Execution --- - The transfer station facility operator shall maintain a daily log to record
operational information, including the type and quantity of refuse
received, the equipment, maintenance performed, personnel used, and any
deviations made from the approved plan and specifications submitted to
the Department.
9. The City and the Operator ("Parties") Have denied the allegations set out above, but have
agreed to enter into this Consent Order because they agree that it is in their own interests, and in the public
interest, to proceed promptly with the actions called for herein rather than expend additional time and
resources litigating the allegations set forth above:
III. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Parties hereby consent to, the
following Order.
DRAFT
Page a of 14
10. The Department's authority to issue this Order is conferred by M.G.L. c. 21A, §16, and the
regulations promulgated thereunder at 310 CMR 5.00.
11. The Parties hereby waives their right to an adjudicatory hearing before the Department on,
and judicial review of, the issuance and terms of this Consent Order and to notice of any such rights of
review.
12. This Consent Order shall be binding on the Parties and on theri officers, employees,
agents, successors, heirs and assignees. The Parties shall not violate this Consent Order and shall not
allow or suffer its officers, employees, agents, successors, heirs, assignees or contractors to violate this
Consent Order. The Parties shall provide a copy of this Consent Order to each successor or assignee
concurrent with establishing any succession or assignment.
13. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue any
additional Order or to seek any other relief with respect to the subject matter covered by this Consent
Order; or (ii) any legal or equitable right of the Department to pursue any other claim, action, suit, cause of
action, or demand which the Department may have with respect to the subject matter covered by this
Consent Order, including, without limitation, any action to enforce this Consent Order in an
administrative or judicial proceeding. Notwithstanding the foregoing, the Department agrees that it will not
seek to assess the Parties civil administrative penalties beyond those described in this Consent Order for
the violations alleged in Part II above, provided that the Parties satisfy the terms and conditions of this
Consent Order and any approval issued hereunder.
14. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating,
or in any way affecting, any legal or equitable right of the Department with respect to any subject matter not
covered by this Consent Order.
15. The City shall perform the following actions:
A. Immediately upon the effective date of this Consent Order cease any and all Solid
Waste activities, both approved/authorized and unapproved/unauthorized, at the site for
a period of not less than six (6) months.
B. Comply with the landfill assessment process as set forth in 310 CMR 19.150 and in
the Department's corresponding Landfill Technical Guidance Manual (revised May,
1997) ("Guidance Manual") and shall implement any remedial responses approved by
the Department.
C. Undertake the landfill assessment and any necessary corrective action(s) according to
the following schedule:
1. By , the City shall submit to the Department an Initial. Site Assessment
(ISA) and Comprehensive Site Assessment Scope of Work (CSA Scope) in
accordance with the regulations at 310 CMR 19.000 and the Guidance Manual.
DRAFT
Page 9 of 14
2. Within ninety (90) days of the Department's approval of the CSA Scope, the City
shall initiate the CSA, and shall install the required monitoring wells in
accordance with the approved schedule established in the CSA Scope.
3. Within sixty (60) days of each sampling event, the City shall submit the results of
the sampling round, and include any proposed modifications to the CSA Scope.
4. Within ninety (90) days of the completion of the final round of environmental
sampling approved in the CSA, the City shall submit a final CSA in accordance
with the regulations at 310' CMR 19.150 et seq, the corresponding Guidance
Manual and, the approved CSA Scope.
5. Within ninety (90) days of completion of the final round of environmental
sampling approved in the CSA, the City shall submit a scope of work for a
Corrective Action Alternatives Analysis (CAAA Scope), with a schedule to
complete the CAAA, in accordance with the regulations.
6. Within sixty (60) days of the Department's approval of the CAAA scope, the City
shall initiate the CAAA and complete the CAAA in accordance with the schedule
approved by the Department.
7. Within sixty (60) days of the Department's approval of the CAAA, the City shall
submit, for the Department's approval, a Corrective Action Design (CAD), if
necessary, in accordance with the regulations. The CAD shall include final design
plans, an implementation schedule and details of any existing unapproved or
proposed post -closure use(s). If it is determined that a,CAD is not necessary then
the City shall, within this same sixty (60) day period, submit an application for
any existing unapproved or proposed post -closure use(s).
8. By , the City shall complete all necessary corrective actions,
including the installation of an approved final cover system and obtaining
approval of any existing unapproved post -closure uses, in accordance with the
regulations, Guidance Manual and, the approved CAD. The City shall submit a
certification report with sixty (60) days of the completion of any corrective _
actions.
D. By , the City shall obtain necessary City approval authorizing the debt
exclusion for the closure, remediation and post -closure monitoring of the Landfill
based upon the results and recommendations of the CSA, CAAA and CAD as
approved by the Department. Such authorization shall serve as an adequate Financial
Assurance Mechanism (FAM) for the closure cost and post -closure monitoring of the
Landfill. Where such authorization is not approved, the City must provide, within
thirty (30) days of the date stated within this paragraph, an alternative FAM.
E. Submit to the Department a quarterly report following the signing of this Consent
Order, by the fifteenth (15a') of the following month, indicating the steps it has taken
to comply with the requirements of this Consent Order. The quarterly report shall
be submitted until the Department receives a certification report (see 111. 15.138.
above) or it has been determined by the Department that final cover is not necessary.
F.. Within thirty (30) days of the effective date of this Consent Order an assessment of the
area of the site where Construction and Demolition (C&D) waste was used as fill,
DRAFT
Page 10 of 14
without approval, shall be initiated under the supervision of a Licensed Site Professional
and in accordance with the MCP:
1. The City shall conduct an Initial Investigation of the Site in accordance
with 310 CMR 40.0405.
2. The City shall report to the Department in accordance with 310 CMR
40.0300 any release and/or threat of release of oil and/or hazardous
materials identified by the Initial Investigation of the Site.
3. The City shall conduct response actions to address any release and/or
threat of release of oil and/or hazardous materials reported to the
Department in accordance with the requirements and timelines in 310
CMR 40.0000.
4. The City shall analyze all soil samples for the presence of Asbestos.
5. The City shall assess the impacts this filling had or is having on any
adjacent Wetlands.
G. Within thirty (30) days of the effective date of this Consent Order submit a Waste Ban
Plan in compliance with and as required by 310 CMR 19.017 et.seq.
16. The Operator shall perform the following actions:
A. Immediately upon the effective date of this Consent Order cease any and all Solid
Waste activities, both approved/authorized and unapproved/unauthorized, at the site for a
period of not less than six (6) months.
B. Immediately commence the removal of all solid wastes and recyclable material from
the facility site
C. Immediately commence maintenance of a Daily Log at the Facility in compliance
with and as required by 310 CMR 19.220.
17. The Department hereby determines, and the Parties hereby agree, that the deadlines set
forth above constitute reasonable times to perform the acts agreed to in this Consent Order and to come
into compliance with the provisions cited in Part II above.
18. Should the lease and/or contract between the Parties be discontinued for any reason, the
City agrees to assume all responsibility for the actions required to be completed by the Operator delineated
herein.
19. The actions required by this Consent Order are subject to approval by the Department and
shall be performed in accordance with M.G.L. c. 21C, §5, and the regulations promulgated thereunder at
310 CMR 30.000, M.G.L. c. 111, §§142A -N, and the regulations promulgated thereunder at 310 CMR
6.00-8.00, M.G.L. c. 111, §§150A and 150Al/2, and the regulations promulgated thereunder at 310 CMR
16.00 and 19.000, M.G.L. c. 21I, and the regulations promulgated thereunder at 310 CMR 50.00, M.G.L. c.
21, §§26-43, and the regulations promulgated thereunder at 314 CMR 3.00, 5.00, 7.00, 8.00 and 15.00. and
all other applicable federal, state and local laws, regulations and approvals.
DRAFT
Page tt of 14
20. Within thirty (30) days of the effective date of this Consent Order, the Parties shall pay to
the Commonwealth the combined sum of Sixty Seven Thousand ($67,000) Dollars. Fifty Thousand Two
Hundred Fifty ($50,250) Dollars shall be paid by the Operator and Sixteen Thousand Seven Hundred Fifty
($16,750) Dollars shall be paid by the City as a civil administrative penalty for the alleged violations listed
in Part Il above.
21. In addition to the penalty in paragraph III. 20 above, if either of the Parties violates this
Consent Order, that party shall pay stipulated civil administrative penalties to the Commonwealth in
accordance with the following schedule:
For each day, or portion thereof, of each violation, that parry shall pay stipulated civil
administrative penalties as follows:
Period of Violation
1 st through 15th day
16th through 30th day
31 st day and thereafter
Penalty per day
$500 per day
$1000 per day
$2000 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall
continue to accrue until the day the City or the Operator corrects the violation or completes performance,
whichever is applicable. Even if violations are simultaneous, separate penalties shall accrue for separate
violations of this Consent Order. Stipulated civil administrative penalties shall accrue regardless of
whether the Department has notified the Parties of a violation or act of noncompliance. The payment of
stipulated civil administrative penalties shall not alter in any way the Parties' obligation to complete
performance as required by this Consent Order.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid within
thirty (30) days of the date the Department sends a written demand therefor. If a court judgment is
necessary to execute a claim for such stipulated penalties under this paragraph, the Parties agree to assent
to the entry of such judgment. The stipulated civil administrative penalties set forth herein shall not
preclude the Department from electing to pursue alternative remedies or alternative civil or criminal
penalties which may be available by reason of the Parties'failure to comply with the requirements of this
Consent Order. In the event the Department collects alternative civil administrative penalties, the Parties
shall not be required to pay such stipulated penalties pursuant to this Consent Order.
22. The Parties shall pay all civil administrative penalties due under this Consent Order by
certified check, cashiers check or money order payable to the Commonwealth of Massachusetts. The City
and the Operator shall each clearly print their name i.e. "City of Salem" or "Northside Carting, Inc.", the
file number (ACOP -NE -00-4X700, and their respective Federal Employer Identification Number on the
face of their separate payments, and each shall mail it to:
DRAFT
Page 12 of 14
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3584
Boston, Massachusetts 02241-3584
The City and the Operator shall deliver a copy of the payment to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
In the event the City and/or the Operator fails to pay its portion in full any civil administrative penalty on
or before the date due under this Consent Order, and in the manner and form required by this Consent
Order; the City and/or the Operator shall pay to the Commonwealth three (3) times the amount of the
civil administrative penalty, together with costs, plus interest on the balance due from the time the civil
administrative penalty became due and attorneys' fees, including all costs and attorneys' fees incurred in the
collection thereof. The rate of interest shall be the rate set forth in M.G.L. c. 231, §6C.
23. The Parties agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to the Facility for purposes of conducting any
activity related to its oversight of this Consent Order. Notwithstanding any provisions of this Consent
Order, the Department retains all of its access authorities and rights under applicable state and federal law.
- 24. For purposes of M.G.L. c. 21 A, §16, and 310 CMR 5.00, this Consent Order shall serve as
a Notice of Noncompliance for the Parties' alleged noncompliance with the requirements cited in Part II
above.
25. This Consent Order shall not be construed as, or operate as, relieving the Parties or any
other person of the necessity of complying with all applicable federal, state and local laws and regulations.
26. This Consent Order may be modified only by written agreement of the Parties hereto.
27. This Consent Order shall become effective on the date of the last signature set forth below.
28. Each undersigned representative hereby certifies that he/she is fully authorized to enter into
the terms and conditions of this Consent Order and to legally bind the party on whose behalf such
representative is signing to this Consent Order.
DRAFT
Page 13 of 14
29. All engineering work performed pursuant to this Consent Order shall be under the general
direction and supervision of a qualified registered professional engineer. Any contractual relationship
between the Parties and an engineer to perform such services shall require the engineer, as a condition of
'the contract, to implement work consistent with the provisions of this Consent Order. The Parties shall
each provide the Department with a copy of such contracts within thirty (30) days of written request by the
Department. The Department shall not be deemed a party to any such contract and does not assume any
liability under any such contract.
30. The Parties shall pay all permit application fees due under this Consent Order in
accordance with the instructions set forth in the permit application and shall deliver a copy of the payment
to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
31. This Consent Order may be executed in two or more counterparts each of which shall be
deemed an original and all of which shall constitute one and the same instrument.
CITY OF SALEM:
Ln
Stanley Bornstein Director
City of Salem -
Department of Public Services
93 Washington Street
Salem, MA 01970
Telephone 978-745-9595
Federal Employer ID #
Date:
NORTHSIDE CARTING, INC.:
By:
Robert George, President
- Northside Carting, Inc.
215 Weathersfield Street
Rowley, MA 01969
Telephone: 978-745-0635
Federal Employer ID # _
Date:
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
By:
William P. Gaughan, Regional Director
Metropolitan Boston/Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
Telephone (978) 661-7600
Date:
DRAFT
Page to of is
ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
January 9, 2001
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
Stanley Bornstein, Director
City of Salem
Department of Public Services
93 Washington Street
Salem, MA 01970
RE: SALEM — SWM
Salem Transfer Station
12 Swampscott Road
FMF# 39974
Dear Messers Bornstein and George:
JAN 1 1 2001
CITY OF SALEM
HEALTH DEPT.
Robert George, President
Salem Environmental Inc
215 Weathersfield Street
Rowley, MA 01969
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
On 26Ju100 an Enforcement Conference (EC) was held at DEP's NERO office in Wilmington to
discuss violations of the Solid Waste regulations at the Salem Transfer Satation, It was agreed at
this conference that we would attempt to resolve the violations, delineate the necessary steps for
returning the site and operation to compliance and, to pay any penalty for the violations via a three
party Administrative Consent Order with Penalty (ACOP). Attached is a draft of an ACOP for your
review and comment.
It should be noted that both the City and SEI objected, during the EC, to the impostion of an
Administrsative Penalty. Both parties asked NERO's representatives to have the impostion of the
penalty that had been calculated for the violations at the Transfer Station reconsidered. The method
for arriving at the penalty and the specific penalty amounts were presented by NERO's
representatives and discussed at the EC. As a result of that discussion and subsequent to the EC,
NERO did reconsider these penalty amounts and proposes a reduction in the amounts. These
reduced amounts are contained in the accompanying draft ACOP.
It should be noted further, to avoid the imposition of fTnther penalties, that the day to day operation
of the facility must be conducted in strict conformance with all existing approvals. This includes,
but is not limited to, the direct deposit of all incoming waste materials directly into the hoppers
This information is available in alternate format by calling our ADA Coordinator at (617) 5746872.
205A Lowell SL Wilmington, MA 01887 . Phone (978) 881-7600 • Fax (978) 861-7615 • TTD# (978) 661-7679
. CA PrintedonRecycled Paper
City of Salem &
Salem Environmental Inc
Draft ACOP
January 9, 2001
Page 2 of 2
within the Transfer Station building. No deposition and/or processing of in -coming waste outside
the building is presently allowed under existing approvals.
Please submit any comments to me at the letterhead address by 26Jan01 if it still your intention to
resolve this matter via an ACOP. If you have questions concerning the draft, please call me at 978-
661-7650.
Sincerely,
Edward H. MacDonald
Regional Engineer for
Waste Prevention
Cc: Salem Board of Health
Heidi M. O'Brien, DRD NERO
Encl: Draft ACOP
JANE SWIFT
Governor
April 19, 2001
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
Stanley Bornstein, Director
City of Salem
Department of Public Services
93 Washington Street
Salem, MA 01970
RE: SALEM — SWM
Salem Transfer Station
12 Swampscott Road
FMF# 39974
Dear Messers Bornstein and George:
RD 14 WED
_ BOB DUR4ND
APR 2 3 2001 Secretary
LAUREN A. LISS
CITY OF SALEM Commissioner
HEALTH DEPT.
Robert George, President
Northside Carting, Inc
210 Holt Road
North Andover, MA 01845
The Metropolitan Boston/Northeast Region of the Department of Environmental Protection,
Bureau of Waste Prevention, Solid Waste Section (the "Department") has reviewed a 29Mar01
request submitted on your behalf by BETA Group, Inc. (BETA). BETA's submittal requests
approval of a minor alteration to the Operation and Maintenance (O&M) plan for the Salem
Transfer Station. This minor alteration involves the placement of up to four (4) containers along
the southern wall of the "waste processing area" for the purposes of storing recyclable materials.
The Department has determined, pursuant to 310 CMR 19.039(6), that the proposed alteration of the
O&M plan is a minor alteration, which can be effected without prior written approval provided the
following is adhered to during the container's use:
- At least thirty (30) days prior to commencement of this alteration, provide the
Salem Board of Health with the written notification as is required by 310 CMR
19.039(6)(a);
Within thirty (30) days following placement of the containers provide the
Department with a written statement identifying when installation occurred and
when use of the containers will commence or commenced;
Ensure that these containers are used to accumulate only pre-processed
recyclables received at the Transfer Station. No processing of solid waste is
presently allowed at the Transfer Station to recover recyclable materials. Mixed
loads of solid waste arriving at the Transfer Station must cu.itinue to be
deposited directly into the waste hoppers within the Transfer Station;
This information is available is alternate format by calling our ADA Coordinator at (617) 574-6872.
205A Lowell St. Wilmington, MA 01887 . Phone (978) 661-7600 • Fax (978) 661-7615 • TTD# (978) 661-7679
0 Printed on Recycled Paper
Salem Transfer Station
April 19, 2001
Page 2 of 2
- Each of the containers shall be kept tightly covered except during the actual
deposition of recyclable materials;
- No speculative accumulation of recyclables is allowed; containers shall be
transported off-site within seven (7) days of reaching the container's full
capacity.
If you have any questions regarding this matter, please contact me at 978-661-7650.
Sincerely,
Edward H. MacDonald
Regional Engineer for
Waste Prevention
Cc Sean Scully, Project Manager
Salem Board of Health
Heidi M. O'Brien, DRD
BETA Group, Inc.
1420 Providence Highway, Suite 117
Norwood, MA 02082
DRAFT
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
File No.
In the Matter of: ) CONSENT ORDER AND
City of Salem ) NOTICE OF NONCOMPLIANCE
and Salem ) ACOP-NE-00-4XXX
Environmental, Inc )
aka Northside Carting )
Of North Andover )
int.61A7\f7L01Wy
1. The Department of Environmental Protection (the 'Department") is a duly constituted
agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, §7, with a principal
office located at One Winter Street, Boston, Massachusetts 02108, and a regional office located at 205A
Lowell Street, Wilmington, Massachusetts 01887.
2. The City of Salem ("City") is a municipal corporation located in Essex County and duly
organized under the laws of the Commonwealth of Massachusetts, with its principal offices located at City
Hall, Salem, MA 01970. The City owns and has a Solid Waste permit for a Solid Waste Transfer Station
located on Swampscott Road in Salem (the "Facility").
3. Salem Environmental Inc. ("SEP') is a Massachusetts corporation with a place of business at
215 Weathersfield Street, Rowley, Ma. 01969 (the "Operator"). Mr. Robert George is President of SEI.
The Facility is operated by SEI under contract to the City.
IL STATEMENT OF FACTS AND LAW
4. The Department is responsible for the implementation and enforcement of M.G.L. c. 111,
§§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR 16.00 and 19.000. The
Department has authority under M.G.L. c. 21A, §16, and the regulations promulgated thereunder at 310
CMR 5.00, to assess civil administrative penalties to persons in noncompliance with its regulations.
5. The City is the owner and permittee of the Salem Transfer Station. SEI operates the Salem
Transfer Station under a contract with the City.
6. The following facts have led the Department to issue this Consent Order:
DRAFT
Page 2 Of 13
A. On June 9, 1960 the Facility site was Site Assigned by the City's Board of Health
for a soild waste incinerator.
B. On September 9, 1975 the Department issued a conditional approval to the City
allowing the conversion of the Solid Waste Incinerator building to a Solid Waste
Transfer Station. The City was required by this approval to cap the Landfill on
which the Incinerator was sited and to notify the Department upon completion of
this capping. No notification of the Landfill capping exists in the record. The
operation that was approved allowed the discharge, via a chute, of Municipal Solid
Waste ("MSW`) from entirely within the modified building, to compactors. After
compaction the MSW was loaded into trailers for off-site disposal.
C. On June 3, 1994 the Department issued a Permit -by -Rule to the City for the .
continued operation of the Facility.
D. On January 10, 1995 the City notified the Department, in writing, that, effective
September 1, 1994, the Facility would be operated by SEI and that the City would
retain ownership of the Facility.
E. On September 22, 1999 a compliance inspection of the Facility was conducted as a
result of the Department's receipt of a complaint. During this inspection
Department personnel noted open-air sorting of Construction and Demolition
("C&D") wastes, open-air storage, large compost piles, use of C&D materials as fill,
and the storage of materials adjacent to a waterway.
F. On December 10, 1999 the Department issued a Notice of Non-compliance (NON —
NE -99-4021) to both the City and the Operator for violations observed on
September 22, 1999.
G. On December 14, 1999 the City responded to the NON by notifying the Department
that the Facility had been leased to SEI and that SEI would hire a consultant to
review its operations.
H. On January 6, 2000 the Department received a Waste Ban Plan required to be
submitted by the regulations for the Facility. This Waste Ban Plan indicated that
only C&D was received at the Facility.
I. On February 16, 2000 the Department received the Facility's 1999 Annual Report as
required to be submitted by the regulations. _This Annual Report was prepared by
the Operator, Mr Robert George, under the name of Northside Carting of North
Andover. This Annual Report indicated that six hundred seventy-two (672) tons of
Municipal Solid Waste had been received during 1999 which was contrary to the
information submitted with the Waste Ban Plan. This submittal indicated there had
been a change in the Operator of the Facility.
J. On February 29, 2000 Department personnel met with the Operator and its
consultant at the Facility for a re -inspection and to determine if the compost
operation was being operated suitably. The compost Operation was determined to
be suitable but only marginally. During this visit, Department personnel became
aware that the compost operation was located on the former Incinerator Ash
Landfill. Re -grading of this area preparatory to conducting the compost operation
DRAFT
Page 3 of 13
required excavating into the old Landfill which had not been approved by the
Department.
K. On May 10, 2000 the Department received a complaint regarding the operation of
the Facility. Based on further review of the approved existing plans the Department
determined that the Facility had only been approved for waste to be placed directly
into compactor units located within the Incinerator building. No processing to
remove recyclable materials inside or outside the building had been approved.
L. On May 17, 2000 Department personnel re -inspected the Facility. During this
inspection the Department informed the Operator, Mr. Robert George, that the
Facility was only permitted to dispose of waste directly into compactor units within
the building. The Facility was not approved for the open-air sorting of recyclables
from C&D.
The City has violated the following requirements:
A. 19.008: Accurate and Timely Submittals
(1) Accurate Submittals . No person shall make any false, inaccurate, or
misleading statement in any application, document, information or
statement which that person submits or is required to submit to the
Department pursuant to 310 CMR 19.000, or any permit, order or approval
issued by the Department.
B. 19.021: Transition Requirements for Existing Facilities
(4) Inactive Landfill Facility Filing Schedule
(a) Prior to.January 1, 1992, the owner of an inactive landfill or
dumping ground that was in operation after April 21, 1971 but
ceased operations prior to July 1, 1990 shall file:
1 proof that the facility was closed in accordance with
plans approved by the Department; or
2. a final closure and post -closure plan in accordance with
310 CMR 19.030(3)(c)5. if the facility was not closed in
accordance with a closure/post-closure plan approved by
the Department.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions. The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all rimes with
the terms and conditions of the permit or approval, 310 CMR
19.000, M.G.L. c. 111, § 150A and all other applicable state and
federal statutes and regulations.
(e) Duty to Provide Information. The permittee shall furnish to
the Department, within a reasonable time, any information which
the Department may request and which is deemed by the
DRAFT
Page 4 Of 13
Department to be relevant in determining whether cause exists to
modify, revoke, or suspend a permit or approval, or to determine if
the permittee is complying with the permit or approval.
D. 19.060: Beneficial Use of Solid Wastes
(1) Applicability. No person shall make beneficial use of a solid waste
material unless they obtain a prior written determination of beneficial use
from the Department.
E. 19.143: Post -Closure Use of Landfills
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the prior
written approval of the Department.
(2) Submission of Post -Closure Use Plans . Any person proposing to use
a landfill for any purpose following closure of a facility shall submit plans
for the post -closure use to the Department for review.
(3) Criteria for Approval of Post -Closure Use . Any post -closure use of a
landfill shall be accomplished such that:
(a) the final contours of the landfill are not altered, unless the
Department determines:
1. the disturbance is necessary to the proposed use and
that it will not result in an adverse impact to public health,
safety or the environment; or
2. the disturbance is necessary to reduce threats to public
health, safety or the environment;
(b) the integrity of the final cover, the components of any
containment system and the function of the facility's monitoring
systems are not impaired:
(c) drainage facilities, ponds, swales, ditches and other
erosion/sedimentation controls are maintained.
(4) Post -Closure Construction. Construction during the post -closure
phase shall be accomplished in accordance with the following:
(a) buildings shall be above -grade structures. Any penetration of
the landfill final cover shall be designed and constructed to ensure
that the integrity of the final cover is maintained. Construction of
basements which penetrate the low permeability layer is
prohibited;
(b) buildings shall be constructed to prevent accumulation of gas
within the structure. Buildings shall include gas monitoring and
warning systems and may be required to include an active gas
venting system; and
(a) all utility connections shall be designed and constructed with
flexible connections.
8. The Operator has violated the following requirements:
DRAFT
Page 5 of 13
A. 19.008: Accurate and Timely Submittals
(1) Accurate Submittals. No person shall make any false, inaccurate, or
misleading statement in any application, document, information or
statement which that person submits or is required to submit to the
Department pursuant to 310 CMR 19.000, or any permit, order or approval
issued by the Department.
B. 19.039: Applicant's Request to Modify a Permit
(1) General. An owner or operator seeking to alter or change a permit or
the Department approved design, operation and maintenance procedures
or closure/post-closure design of a facility, including any conditions
imposed in the permit, shall apply to the Department for approval to
modify the permit in accordance with 310 CMR 19.039.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions. The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively referred to
as "permittee":
(e) Duty to Provide Information . The permittee shall furnish to
the Department, within a reasonable time, any information which
the Department may request and which is deemed by the
Department to be relevant in determining whether cause exists to
modify, revoke, or suspend a permit or approval, or to determine if
the permittee is complying with the permit or approval.
D. 19.130: Operation and Maintenance Reouirements
(32) Disruption of Landfilled Areas .
(a) No person shall excavate, disrupt or remove deposited
material from either an active, inactive or closed landfill without
prior written approval from the department.
(b) All requests for approval shall include a plan describing the
area involved, depth of such excavated material, where material is
to be re -deposited and estimated time required for completion of
excavation procedures.
(c) All excavations shall be confined to an area consistent with
the number of pieces of digging equipment and/or trucks used for
haulage. .
(d) Adequate measures shall be taken during excavation to
control dust, odors, fires, potential for release of gas and
explosions, rodents, insects and blowing litter.
(e) The re -deposition of all excavated solid wastes shall be in
conformity with all requirements of 310 CMR 19.000.
DRAFT
Page 6 of 13
E. 19.143: Post -Closure Use of Landfills
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the prior
written approval of the Department.
(2) Submission of Post -Closure Use Plans . Any person proposing to use
a landfill for any purpose following closure of a facility shall submit plans
for the post -closure use to the Department for review.
(3) Criteria for Approval of Post -Closure Use. Any post -closure use of a
landfill shall be accomplished such that:
(a) the final contours of the landfill are not altered, unless the
Department determines:
1. the disturbance is necessary to the proposed use and
that it will not result in an adverse impact to public health,
safety or the environment; or
2. the disturbance is necessary to reduce threats to public
health, safety or the environment;
(b) the integrity of the final cover, the components of any
containment system and the function of the facility's monitoring
systems are not impaired:
(c) drainage facilities, ponds, swales, ditches and other
erosion/sedimentation controls are maintained.
(4) Post -Closure Construction. Construction during the post -closure
phase shall be accomplished in accordance with the following:
(a) buildings shall be above -grade structures. Any penetration of
the landfill final cover shall be designed and constructed to ensure
that the integrity of the final cover is maintained. Construction of
basements which penetrate the low permeability layer is
prohibited;
(b) buildings shall be constructed to prevent accumulation of gas
within the structure. Buildings shall include gas monitoring and
warning systems and may be required to include an active gas
venting system; and
(c) all utility connections shall be designed and constructed with
flexible connections.
F. 19.215: Recvcline Operations
(1) The operator may make provisions for the recycling of materials
provided that a definite plan of procedure is implemented and followed to
enable said operation to be carried out in an organized, sanitary, orderly
and dependable manner with minimal interference to the rountine transfer
station operations.
G. 19.220: Operational Records and Plan Execution
The transfer station facility operator shall maintain a daily log to record
operational information, including the type and quantity of refuse
DRAFT
Page 7 of 13
received, the equipment, maintenance performed, personnel used, and any
deviations made from the approved plan and specifications submitted to
the Department.
9. The City and the Operator ("Parties") have agreed to enter into this Consent Order
because they agree that it is in their own interests, and in the public interest, to proceed promptly with the
actions called for herein rather than expend additional time and resources litigating the allegations set forth
above.
M. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Parties hereby consent to, the
following Order.
10. The Department's authority to issue this Order is conferred by M.G.L. c. 21A, §16, and the
regulations promulgated thereunder at 310 CMR 5.00.
11. The Parties hereby waives its right to an adjudicatory hearing before the Department on,
and judicial review of, the issuance and terms of this Consent Order and to notice of any such rights of
review.
12. This Consent Order shall be binding on the Parties and on its officers, employees, agents,
successors, heirs and assignees. The Parties shall not violate this Consent Order and shall not allow or
suffer its officers, employees, agents, successors, heirs, assignees or contractors to violate this Consent
Order. The Parties shall provide a copy of this Consent Order to each successor or assignee concurrent
with establishing any succession or assignment.
13. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue any
additional Order or to seek any other relief with respect to the subject matter covered by this Consent
Order, or (ii) any legal or equitable right of the Department to pursue any other claim, action, suit, cause of
action, or demand which the Department may have with respect to the subject matter covered by this
Consent Order, including, without limitation, any action to enforce this Consent Order in an
administrative or judicial proceeding. Notwithstanding the foregoing, the Department agrees that it will not
seek to assess the Parties civil administrative penalties beyond those described in this Consent Order for
the violations identified in Part II above, provided that the Parties satisfy the terms and conditions of this
Consent Order and any approval issued hereunder.
14. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating,
or in any way affecting, any legal or equitable right of the Department with respect to any subject matter not
covered by this Consent Order.
15. The City shall perform the following actions:
DRAFT
Page 8 of 13
A. Comply with the landfill assessment process as set forth in 310 CMR 19.150 and in
the Department's corresponding Landfill Technical Guidance Manual (revised May,
1997) ("Guidance Manual") and shall implement any remedial responses approved by
the Department.
B. Undertake the landfill assessment and any necessary corrective action(s) according to
the following schedule:
1. By , the City shall submit to the Department an Initial Site Assessment
(ISA) and Comprehensive Site Assessment Scope of Work (CSA Scope) in
accordance with the regulations at 310 CMR 19.000 and the Guidance Manual.
2. Within ninety (90) days of the Department's approval of the CSA Scope, the City
shall initiate the CSA, and shall install the required monitoring wells in
accordance with the approved schedule established in the CSA Scope.
3. Within sixty (60) days of each sampling event, the City shall submit the results of
the sampling round, and include any proposed modifications to the CSA Scope.
4. Within ninety (90) days of the completion of the final round of environmental
sampling approved in the CSA, the City shall submit a final CSA in accordance
with the regulations at 310 CMR 19.150 et seq, the corresponding Guidance
Manual and, the approved CSA Scope.
5. Within ninety (90) days of completion of the final round of environmental
sampling approved in the CSA, the City shall submit a scope of work for a
Corrective Action Alternatives Analysis (CAAA Scope), with a schedule to
complete the CAAA, in accordance with the regulations. .
6. Within sixty (60) days of the Department's approval of the CAAA scope, the City
shall initiate the CAAA and complete the CAAA in accordance with the schedule
approved by the Department.
7. Within sixty (60) days of the Department's approval of the CAAA, the City shall
submit, for the Department's approval, a Corrective Action Design (CAD), if
necessary, in accordance with the regulations. The CAD shall include final design
plans, an implementation schedule and details of any existing unapproved or
proposed post -closure use(s). If it is determined that a CAD is not necessary then
the City shall, within this same sixty (60) day period, submit an application for
any existing unapproved or proposed post -closure use(s).
8. By 'the City shall complete all necessary corrective actions,
including the installation of an approved final cover system and obtaining
approval of any existing unapproved post -closure uses, in accordance with the
regulations, Guidance Manual and, the approved CAD. The City shall submit a
certification report with sixty (60) days of the completion of any corrective
actions.
C. By , the City shall obtain necessary City approval authorizing the debt
exclusion for the closure, remediation and post -closure monitoring of the Landfill
based upon the results and recommendations of the CSA, CAAA and CAD as
approved by the Department. Such authorization shall serve as an adequate Financial
Assurance Mechanism (FAM) for the closure cost and post -closure monitoring of the
DRAFT
Page 9 of 13
Landfill. Where such authorization is not approved, the City must provide, within
thirty (30) days of the date stated within this paragraph, an alternative FAM.
D. By , the City shall implement any required remedial action.
E. Submit to the Department a quarterly report following the signing of this Consent
Order, by the fifteenth (15 h) of the following month, indicating the steps it has taken
to comply with the requirements of this Consent Order. The quarterly report shall
be submitted until the Department receives a certification report (see 111. 15.138.
above) or it has been determined by the Department that final cover is not necessary.
F. Within thirty (30) days of the effective date of this Consent Order an assessment of the
area of the site where Construction and Demolition (C&D) waste was used as fill,
without approval, shall be initiated under the supervision of a Licensed Site Professional
and in accordance with the MCP:
1. The City shall conduct an Initial Investigation of the Site in accordance
with 310 CMR 40.0405.
2. The City shall report to the Department in accordance with 310 CMR
40.0300 any release and/or threat of release of oil and/or hazardous
materials identified by the Initial Investigation of the Site.
3. The City shall conduct response actions to address any release and/or
threat of release of oil and/or hazardous materials reported to the
Department in accordance with the requirements and timelines in 310
CMR 40.0000.
4., The City shall analyze all soil samples for the presence of Asbestos.
5. The City shall assess the impacts this filling had or is having on any
adjacent Wetlands.
G. Immediately cease any and all unapproved/unauthorized Solid Waste activities at the
site.
H. Within thirty (30) days of the effective date of this Consent Order submit a Waste Ban
Plan in compliance with and as required by 310 CMR 19.017 et.seq.
16. The Operator shall perform the following actions:
A. Immediately upon the effective date of this Consent Order cease any and all
unapproved/unauthorized Solid Waste activities at the site. Unapproved/unauthorized
activities shall include but are not limited to:
1. Not transferring waste directly from trucks into compactors that are located
entirely within the Incinerator building.
2. Processing waste anywhere on site to salvage recyclable materials.
B. Immediately commence maintenance of a Daily Log at the Facility in compliance
with and as required by 310 CMR 19.220.
DRAFT
Page 10 of 13
17. The Department hereby determines, and the Parties hereby agree, that the deadlines set
forth above constitute reasonable times to perform the acts agreed to in this Consent Order and to come
into compliance with the provisions cited in Part II above.
18. Should the lease and/or contract between the Parties be discontinued for any reason, the
City agrees to assume all responsibility for the actions required to be completed by the Operator delineated
herein.
19. The actions required by this Consent Order are subject to approval by the Department and
shall be performed in accordance with M.G.L. c. 21C, §5, and the regulations promulgated thereunder at
310 CMR 30.000, M.G.L. c. 111, §§142A -N, and the regulations promulgated thereunder at 310 CMR
6.00-8.00, M.G.L. c. 111, §§150A and 150Al/2, and the regulations promulgated thereunder at 310 CMR
16.00 and 19.000, M.G.L. c. 21I, and the regulations promulgated thereunder at 310 CMR 50.00, M.G:L. c.
21, §§26-43, and the regulations promulgated thereunder at 314 CMR 3.00, 5.00, 7.00, 8.00 and 15.00. and
all other applicable federal, state and local laws, regulations and approvals.
20. Within thirty (30) days of the effective date of this Consent Order, the Parties shall pay to
the Commonwealth the combined sum of Eleven Thousand ($11,000) Dollars. Eight Thousand ($8,000)
Dollars shall be paid by the Operator and Three Thousand ($3,000) Dollars shall be paid by.the City as a
civil administrative penalty for the violations listed in Part II above.
21. In addition to the penalty in paragraph III. 20 above, if the Parties violates this Consent
Order, the Parties shall pay stipulated civil administrative penalties to the Commonwealth in accordance
with the following schedule:
For each day, or portion thereof, of each violation, the Parties shall pay stipulated civil
administrative penalties as follows:
Period of Violation Penalty per day
1st through 15th day
$500 per day
16th through 30th day
$1000 per day
31 st day and thereafter
$2000 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall
continue to accrue until the day the City or the Operator corrects the violation or completes performance,
whichever is applicable. Even if violations are simultaneous, separate penalties shall accrue for separate
violations of this Consent Order. Stipulated civil administrative penalties shall accrue regardless of
whether the Department has notified the Parties of a violation or act of noncompliance. The payment of
stipulated civil administrative penalties shall not alter in any way the Parties' obligation to complete
performance as required by this Consent Order.
DRAFT
Page i i of 13
All stipulated civil administrative penalties accruing under this Consent Order shall be paid within
thirty (30) days of the date the Department sends a written demand therefor. If a court judgment is
necessary to execute a claim for such stipulated penalties under this paragraph, the Parties agree to assent
to the entry of such judgment. The stipulated civil administrative penalties set forth herein shall not
preclude the Department from electing to pursue alternative remedies or alternative civil or criminal
penalties which may be available by reason of the Parties'failure to comply with the requirements of this
Consent Order. In the event the Department collects alternative civil administrative penalties, the Parties
shall not be required to pay such stipulated penalties pursuant to this Consent Order.
22. The Parties shall pay all civil administrative penalties due under this Consent Order by
certified check, cashier's check or money order payable to the Commonwealth of Massachusetts. The City
and the Operator shall each clearly print their name i.e. "City of Salem" or "Salem Environmental Inc.",
the file number (ACOP-NE-00-4XXX), and their respective Federal Employer Identification Number on
the face of their separate payments, and each shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3584
Boston, Massachusetts 02241-3584
The City and the Operator shall deliver a copy of the payment to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
In the event the City and/or the Operator fails to pay its portion in full any civil administrative penalty on
or before the date due under this Consent Order, and in the manner and form required by this Consent
Order, the City and/or the Operator shall pay to the Commonwealth three (3) times the amount of the
civil administrative penalty, together with costs, plus interest on the balance due from the time the civil
administrative penalty became due and attorneys' fees, including all costs and attorneys' fees incurred in the
collection thereof. The rate of interest shall be the rate set forth in M.G.L. c. 231, §6C.
23. The Parties agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to the Facility for purposes of conducting any
activity related to its oversight of this Consent Order. Notwithstanding any provisions of this Consent
Order, the Department retains all of its access authorities and rights under applicable state and federal law.
DRAFT
Page 12 of 13
24. For purposes of M.G.L. c. 21A, §16, and 310 CMR 5.00, this Consent Order shall serve as
a Notice of Noncompliance for the Parties' noncompliance with the requirements cited in Part U above.
25. This Consent Order shall not be construed as, or operate as, relieving the Parties or any
other person of the necessity of complying with all applicable federal, state and local laws and regulations.
26. This Consent Order may be modified only by written agreement of the Parties hereto.
27. This Consent Order shall become effective on the date of the last signature set forth below.
28. Each undersigned representative hereby certifies that he/she is fully authorized to enter into
the terms and conditions of this Consent Order and to legally bind the party on whose behalf such
representative is signing to this Consent Order.
29. All engineering work performed pursuant to this Consent Order shall be under the general
direction and supervision of a qualified registered professional engineer. Any contractual relationship
between the Parties and an engineer to perform such services shall require the engineer, as a condition of
the contract, to implement work consistent with the provisions of this Consent Order. The Parties shall
each provide the Department with a copy of such contracts within thirty (30) days of written request by the
Department. The Department shall not be deemed a party to any such contract and does not assume any
liability under any such contract.
30. The Parties shall pay all permit application fees due under this Consent Order in
accordance with the instructions set forth in the permit application and shall deliver a copy of the payment
to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
31. This Consent Order may be executed in two or more counterparts each of which shall be
deemed an original and all of which shall constitute one and the same instrument.
CITY OF SALEM: SALEM ENVIRONMENTAL INC.:
67
Stanley Bornstein Director
City of Salem
Department of Public Services
LN
Robert George, President
Salem Environmental Inc.
215 Weathersfield Street
93 Washington Street
Salem, MA 01970
Telephone 978-745-9595
Federal Employer ID # _
Date:
DRAFT
Page 13 Of 13
Date:
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
M
William P. Gaughan, Regional Director
Metropolitan Boston/Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
Telephone (978) 661-7600
Date: -
r
Rowley, MA 01969
Telephone: 978-745-0635
Federal Employer ID # _
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
December 13, 2000
Joanne Scott, CHO, Agent
Salem Board of Health
9North St.
Salem, MA 01970
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
RE: SALEM—SWM
Solid Waste Complaint
Marlboro Rd.
Dear Ms. Scott:
Y15TWED
nr.�i 0 nnr,n
Ui l , U r_Jwj
CITY OF SALEM
HEALTH DEPT.
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
The Metropolitan Boston Northeast Regional Office of the Department of Environmental Protection, Division of
Solid Waste Management, received a complaint from Mr. Steve Geyer (978-741-4218). Mr. Geyer's complaint
concerned dust on Marlboro Road reportedly being emitted during the early morning hours from the Salem Transfer
Station. A copy of a memo recording the complaint is enclosed
Because the complaint relates to activities under the Salem Board of Health's jurisdiction the Department is
referring this complaint to your office for potential investigation. If the Salem Board of Health chooses to
investigate this complaint, please forward a copy of any findings and a description of actions you have taken or plan
to take to the Department.
If you need additional information, please call Joseph Su at 978-661-7661 or me at 978-661-7650.
Sincerely,
E ward H. MacDonald
Regional Engineer for
Waste Prevention
cc: Joe Su, NERO
Maureen Hancock, NERO
Encl: Joe Su
20
(617)574-6872.
TTD# (978) 661-7679
ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
PCEIVED
DEC 13 ty�')
DEC i D 1999
CITY OF SALEM
HEALTH DEPT.
Mr. Stanley Bornstein
City of Salem
Department of Public Works
93 Washington Street
Salem, MA 01970
Mr. Robert George
Salem Environmental Company
215 Wethersfield Street
Rowley, MA 01969
RE: SALEM — Solid Waste
Salem Transfer Station
FMF# 39974
Notice of Noncompliance
NON -NE -99-4021
NOTICE OF NONCOMPLIANCE
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE
TO TMS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
On September 22, 1999, Department personnel conducted an inspection of the Salem Transfer
Station, located on Swampscott Road, in the City of Salem. Based on this inspection, the Department has
determined that activities at the noted facility are in noncompliance with one or more laws, regulations,
orders, licenses, permits or approvals enforced by the Department.
Attached is a written description of (1) each activity referred to above, (2) the requirements
violated, (3) the action the Department now wants you to take, and (4) the deadline for taking such action.
An administrative penalty may be assessed for every day from now on that you are in noncompliance.
Notwithstanding this Notice of Noncompliance, the Department reserves the right to exercise the
full extent of its legal authority in order to obtain full compliance with all applicable requirements,
including, but not limited to criminal prosecution, civil action including court -imposed civil penalties, or
administrative penalties assessed by the Department.
This information is available in alternate format by calling our ADA Coordinator at (617) 5746871
205A Lowell SL Wilmington, MA 01887 • Phone (978) 881-7600 • F= (978) 851-7815 • TTD# (978) 881-7679
* Printed on Reoycled Paper
Salem Transfer Station
NON -NE -99-4021
4
Page 2 of 5
If you have any questions about this matter, please contact Peter Flink at (978) 661-7663.
Sincerely, Sincerely,
lg"q'
Peter J. Flink, Edward H. MacDonald
Environmental Engineer Regional Engineer for
Waste Prevention
EHM/PJF
enclosure: Notice of Noncompliance, NON -NE -99-4021
Certified Mail
cc: City of Salem Health Department, 9 North Street, Salem, MA 01970
Salem Transfer Station
NON -NE -99-4021
r Page 3 of 5
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITIES IN NONCOMPLLANCE:
City of Salem and The Salem Environmental Company
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
Salem Transfer Station, 12 Swampscott Road, Salem
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
September 22, 1999
DESCRIPTION OF NONCOMPLMANCE:
The Salem Transfer Station is a municipally owned, privately operated transfer station, located
within a former solid waste incinerator building. According to the facility's annual.report, the facility is
operated by the Salem Environmental Company (the "Operator"). The facility is open to the public and
private contractors for disposing non -MSW wastes for a tipping fee. On or about December 21, 1993, a
Permit -by -Rule application was filed by the City for the facility. The application indicated a layout of the
facility and existing operations
Based on observations made by Department personnel during an inspection conducted on
September 22, 1999, the Department determined that the facility and operations of the facility had been
modified without a modification of the facility operating plan, and in a fashion that would not be
approved by the Department. In particular, the Department noted that the facility was in noncompliance
with the following:
1. The facility layout had been modified from those presented and approved in the Permit -by -Rule
application, including a modification of grades and waste handling and storage areas, without an
application and approval in accordance with 310 CMR 19.039.
2. Processed compost and solid waste materials, including woodwaste, demolition debris, and bulky
metal objects, were being stored at the facility in a manner that was not organized and orderly,
and without an approved plan, in accordance with 310 CMR 19.215. The approved Permit -by -
Rule application did not indicate the uncontainerized storage of solid waste (demolition debris,
woodwaste, and metals), and the storage of compost material at the facility that hindered
movement at the facility. The facility is not approved as a compost or compost storage facility.
3. Surface grades on the west side of the transfer station building were modified using solid waste
materials (demolition debris) without a Beneficial Use Determination in accordance with 310
CMR 19.060.
4. Solid waste materials (demolition debris) were used to construct a roadway exiting the property to
the north without a Beneficial Use Determination.
Salem Transfer Station
NON -NE -99-4021
Page 4 of 5
5. Compost and demolition debris were being stored at the site without a permit within an apparent
Wetlands Buffer Zone without a filing a Determination of Applicability or Notice of Intent with
the local Conservation Commission.
6. Solid waste and recyclable materials appeared to have been stored at the site for more than 60
days.
7. Daily logs were not maintained at the facility in.accordance with 310 CMR 19.220. Past daily
logs were reportedly kept at the operator's office in North Andover, Massachusetts.
DESCRIPTION OF THE REQUIREMENT(S) NOT COMPLIED WITH:
1. 310 CMR 19.015 Compliance
No person shall construct, modify, operate or maintain a facility except in compliance with
a site assignment, permit or plan approved by the board of health or the Department, as
applicable,, and any authorizations issued by the Department and all conditions included in a
permit, approval or authorization for said facility.
2. 310 CMR 19.039 Applicant's Request to Modify a Permit
(1) General. An owner or operator seeking to alter or change a permit or the Department
approved design, operation and maintenance procedures or closure/post-closure design of a
facility, including any conditions imposed in the permit, shall apply to the Department for
approval to modify the permit in accordance with 310 CMR 19.039.
3. 310 CMR 19.060 Beneficial Use of Solid Wastes
(1) Applicability. No person shall make beneficial use of a solid waste material unless they
obtain a prior written determination of beneficial use from the Department.
4. 310 CMR 19.215 Recycling Operations
(1) The operator may make provisions for the recycling of materials provided that a definite
plan of procedure is implemented and followed to enable said operation to be carred
out in an organized, sanitary, orderly and dependable manner with minimal interference
to the routine transfer station operations.
(3) All accumulated recyclable materials shall be removed from the disposal site at least
every 60 days and/or at such other times as may be specified by the Department.
S. 310 CMR 19.220 Operational Records and Plan Execution
The transfer station facility operator shall maintain a daily log to record operational
information, including the type and quantity of refuse received, the equipment, maintenance
performed, personnel used, and any deviations made from the approved plan and
specifications submitted to the Department
Salem Transfer Station
NON -NE -99-4021
Page 5 of 5
ACTIONS TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTIONS:
Within fourteen (14) days of receipt of this Notice, the City shall submit copies of all reports for
inspections conducted in accordance with Condition 1 of the Transfer Station Permit -by -Rule,
issued by the Department on June 3, 1994.
2. Within fourteen (14) days of receipt of this Notice, the Cityi or the Operator, shall submit
information, including log sheets for the transportation of recyclable metals from the facility.
3. Within fourteen (14) days of receipt of this Notice, at the end of each day, all solid waste
materials shall either be removed from the facility site, or stored in enclosed containers
4. Within thirty (30) days of receipt of this Notice, the City shall demonstrate to the Department, in
writing, how they have, or intend to, come into (and maintain) compliance with the requirements
cited in this Notice. This submittal shall include either the City's intent for leaving or removing
the solid waste materials that were improperly used without a Beneficial Use Determination
(BUD). The submittal shall include a sampling and analysis planJor the Department's review
and approval, for those materials that were used without a BUD, and the City intends to leave in
place.
5. Within thirty (3 0) days of receipt of this Notice, the City shall demonstrate that a Determination
of Applicability has been filed with the local Conservation Commission to determine if the
storage of materials at the facility is subject to Area Subject to Protection under the Wetlands
Protection Act.
6. Within sixty (60) days of receipt of this Notice, the City shall submit an operating plan that
addresses the handling and storage of solid waste and recyclable materials. The Plan shall be
submitted with an application for BWP SW 07.
7. Within ninety (90) days of receipt of this Notice, the City shall file a Beneficial Use
Determination application, pursuant 310 CMR 19.060, for the reuse of any solid waste materials
that were used at the facility.
DATE: 9 DEC 9,9
Peter J. F1 c
Environmental Analyst
DATE: A of.0 VI
Edward H. MacDonald
Regional Engineer for
Waste Prevention
Executive Office of Environmental Affairs
Department of
Environmental Protection
Metro Boston/Northeast Reqional Office
William F. Weld
Governor
Daniel S. Greenbaum
�Vu � •' i3dJ
AUG 2 0 1993
CITY OF SALZN
HEALTH DEFT.
City of Salem Public Works RE: Salem - Solid Waste
1 Salem Green Transfer Station
Salem, MA 01970 Notice of Noncompliance
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL
CONSEQUENCES.
Dear Members of the Board/Department:
Department of Environmental Protection (the Department)
personnel have observed that on July 1, 1993 your facility, at
the above address, was in noncompliance with one or more laws,
regulations, orders, licenses, permits or approvals enforced by
the Department.
Attached is a written description of the noncompliant items
referred to above, the requirements violated, the action the
Department now wants you to take, and the deadline for taking
such action.
If you fail to take any action the Department now wants you
to take by the prescribed deadline, or if you otherwise fail to
comply in the future with the requirements applicable to you, you
could be subject to legal action. Such action could include
criminal prosecution, court -imposed civil penalties, or civil
administrative penalties assessed by the Department. A civil.
administrative penalty may be assessed for every day from now on
that you are in noncompliance with the requirements referred to
above.
10 Commerce Way • Woburn, Massachusetts 01801 0 FAX (617) 935.6393 9 Telephone (617) 935-2160
Salem
Page 2
If you have any questions about this matter, please contact
Aroon Shah at (617) 935-2160.
Very truly yours,
1 `
Edward H. MacDonald
Regional Engineer for
Waste Prevention
EHM/AS/jb
Enclosure: Application Package
CC: Salem, Board of Health
DEP/DSWM/Boston, Attn, Philip Weinberg, Acting Director
DEP/DSWM/Boston, Attn, Rich Gioiosa
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
Name of Entity in Noncompliance: Salem
Location Where Noncompliance Occurred or Was Observed: Transfer
Station
Date When Noncompliance Occurred or Was Observed: July 1, 1993
Description of Noncompliance and the Requirement(s) Not Complied
With:
The Department's regulation 310 CMR 19.021(3) entitled
Existing Facility Filing Schedule states that, "The owner of an
existing handling facility (transfer ,station), other than those
specified 310 CMR 19.021(3)(d), shall file an existing facility
permit application (EFPA) prior to July 1, 1993." Upon review of
your facility's file, the Department has determined that an EFPA
has not been submitted as of the date of this Notice for your
facility.
Thus in accordance with 310 CMR 19.021(2), any/all plan
approvals or permits granted by the Department prior to July 1,
1990 for your facility are no longer valid since the owner/
operator has failed to submit an EFPA.
Actions to be Taken and the Deadline for Taking Such Actions:
1. The City of Salem shall submit an Existing Facility Permit
Application within one hundred and twenty (120) days from the
date of this Notice. Attached to this Notice is the necessary
application form for said permit.
2. Within thirty (30) days from the date of this Notice, the City
of Salem shall notify the Department, in writing, of its
intentions in this matter.
DATE
Edward H. MacDonald.
Regional Engineer for
Waste Prevention
\Y ■
bu,y�e l { Y1"
C"1 u1 e✓ Q�� ��� �
a
ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
December 13, 2000
Joanne Scott, CHO, Agent
Salem Board of Health
9North St.
Salem, MA 01970
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston — Northeast Regional Office
RE: SALEM — SWM
Solid Waste Complaint
Marlboro Rd.
Dear Ms. Scott:
YOVEBOB�o 1` DUR.9ND !))I��@III�111'9d��ep Secretary
LAUREN A. LISS
DEC 1 8 2000 Commissioner
CITY SALEM
HEA fl H DEPT..
The Metropolitan Boston Northeast Regional Office of the Department of Environmental Protection, Division of
Solid Waste Management, received a complaint from Mr. Steve Geyer (978-741-4218). Mr. Geyer's complaint
concerned dust on Marlboro Road reportedly being emitted during the early morning hours from the Salem Transfer
Station. A copy of a memo recording the complaint is enclosed
Because the complaint relates to activities under the Salem Board of Health's jurisdiction the Department is
referring this complaint to your office for potential investigation. If the Salem Board of Health chooses to
investigate this complaint, please forward a copy of any findings and a description of actions you have taken or plan
to take to the Department.
If you need additional information, please call Joseph Su at 978-661-7661 or me at 978-661-7650.
Sincerely, n
' Edward H. MacDonald
Regional Engineer for
Waste Prevention
cc: Joe Su, NERO
Maureen Hancock, NERO
Encl: Joe Su Memo
.. .. ... ii .. �.. ..
Ccs 'KeS� 9.�
This information is available in alternate format by calling our ADA Coordinator at (617) 5746872.
205A Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 • TTD# (978) 661-7679
LJ Printed on Recycled Paper
Marlboro Rd. dust 10-30-00
Category: Complaints
Marlboro Rd. dust 10-30-00
Salem
Steve Geyer
82 Cavendish Circle
Salem
978.741.4218
Dust is being emitted from the transfer station during
the early morning hours.
RECEIVE�
DEC 18 2000
CITY OF SALEM
HEALTH DEPT.