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2009 BOH CONDITIONS OF APPROVAL FOR THE MINOR MODIFICATION TO THE SITE ASSIGNMENT - DRAFT & FINALConditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health With the exception of the residential drop-off area, € he, Facility shall be completely enclosed with all transfer operations occurring withmthe building enclosure. Hours of operation shall be between 7:00 and 7:00 AM to 10:00 AM on Saturday fi PM on Saturday for residential users„eic The Facility shall accept a maximi°rr�}” r Municipal Solid Waste (MSW), (MSW Solid Waste, Commercial, Solid Wastes daily average of 400 for The maximum number vehicles access the leaf not exceed 115. 11 1111 4. The Facili'�iCiperat101 monitor the 'per ationslI local, state aridj%deral i 5. 91 site. PM, Monday through Friday fusers and 7:00 Am to 1:00 tonnage of 1 be dpflned to be -ar of of Municipal )ebris) with a and a maximum of 500 tons/day. sfer station facility (not including ility) on any one given day shall of employees to properly conformity with the applicable e ty 0perdtbii shall mdititain a valid 24 hour -7 day per week emergency nurnberrelonspia usly drspiayedjat the Facility for emergency conditions both oper " ari vn-operating hours, posted in both English and Spanish. daily street sweeping of all paved surfaces on the The FaciliiYQ r 9 hall conduct routine litter control/policing and street sweeping along Swampscd�t bad from the intersection of Highland Road to Robinson Road, as necessary, an�dl"at a minimum semi-monthly. 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the Page 1 of 5 following emergencies and describes the remedial actions to be taken in each situation: a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event y,jo in 24 hours of the event and VIII provide afollow-up written report within 14 Galen jr€days of the event. 11. The Facility shall include high speed transfer Edo re,lvuhich shall be closed at all times €€€ iIi'.. € € except when transfer vehicles are entering,or exittngl ;building. 12. The visual, physical and structu maintained in good condition at landscaping plan to the Salem E complete the landscaping,planti on of the Facility!and grounds shall be oll The Facility Opera olshall submit a mIth for, teview and approval and shall 13. The Facility Operator shah "I€kggired to proriij ily€repair any significant building damage that compromises th perfto = ce or ab€l 1}€ hof the Facility to contain fugitive dust, noise or odors al providc4follow-uIwritten report within 14 calendar days of the eVin���l€� 14. The FacihOperator sail post Anh� d11mg signs and periodically monitor and it control the ilm9 . times fall diesel vcles entering, exiting, or queuing on site at ,1". iIy €r€" , t€ " �' in co �FvWhI the app€1Q ble local, state or federal regulations, 15 o waste ma an le or stored aside the enclosed receiving Facility. 16. V,'plar traffic entering or exiting the Facility shall be controlled to prevent the queui €r1,jof vehicles beyond, or outside the "fence line" of the Facility. Vehicles will not be al(ol,,o to queue on any City streets, including Swampscott Road. 17. On-site vehicl691�6,'wia`cd, operated and otherwise controlled by the Facility Operator, which may include but not be limited to, rolling on-site equipment, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will Page 2 of 5 be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. The Facility Operator shall ensure that engine compression brakes will not be utilized by any trucks utilizing the=°acility within a one mile radius of the Facility. .°11{{101 21. Any storm water controls, permits or p be in strict conformity with local, state 22. The Facility shall maintain a mini: times to contain any spill of fuels, inside or outside the Facility 23. The Facility shall fund ai ' the Salem Board of Healtl up of the Facility. The no of Health within 240 days below a 5,i increase,ii to below a 24°11{{I1iiltelleat��;° 25. install 1 plans at the Facility shall water requirements. Fthree spill contaih°h ent kits on site at all 9 1 hydraulic fluids fro t7 lvehicle whether , tant selected and managed by °tion within 180 days of start - submitted to the Salem Board noise evaluation shall !'f;. . risrtive receptors are at or a levels exceed a 5 dba ,nuation features to reduce the exceedance of startup of the Facility. nl cill''%shall be collected and stored within an on is to �elt8rinitted through the Salem Board of Health usetts Department of Environmental Protection. of operations, the Facility must contract with a Massk'usetts licensf°Clip rofessional pest control management firm and provide the Salem )3o cd� ofHeal }lwith a copy of the executed contract. The contracted services shall inclui? but n° a limited to, inspecting the site for vermin such as birds, rats, and insects oa°sIi monthly basis, (24 times per year) and the findings presented in a written report, "which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified at the Facility. 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling Page 3 of 5 system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors uEil ;i within the Facility enclosure at all times during alr�riisional hours, and as may be required during non operational hours. The dusil`1111 odor control system shall have the ability to control dust and odor during al fj9,asl al,and/or weather conditions. 29. The Facility shall fund an independent+'qualified consuft"antjselected and managed by the Salem Board of Health to submit a;protocol for emissio in pting of the proposed stack to the Salem Board of Health'Icl%iun 120 days of Facilit}�s up to measure emissions such as fine (PM2.5) and eo 511191(PM10),g dors, or other applicable emissions. The actual stacl�emission t qualified consultant not laser' an 180 41 " the emissions testing resu hall'b+ s the Board not later than 2101 Us ai�t demonstrate that the actual sta4lemis modeling pE1esen a j(p,Ithe Saleiss� 3oai than the V" eility oper•�t4r shall wi{{ 'in 1 ll.. Illll �II'11 Health for r4evrew and ap 1 roval to add modeled stack�Wl issiolls`l These add,, gappryoyal by te;�Salelm�_Board;,of He ei iiducted by the'i�dependent Facility start up. A written report of yjindependent qualified consultant to litp up. If the report does not not egil 1 to or better than the '1lI9 tl> dur1ngl he Site Assignment process �resentl a plan to the Salem Board of rl emissions controls to meet the controls shall be installed within 90 days rte`"mi° e�ials'dOlhered to th'eil ¢ility and tipped on the receiving floor of the that ares;nazardou Im nature shall be removed from the waste mass and stored Y ire container- design t� handle such hazardous materials. The containers for as materiA ,,, 11 be red within the secure enclosure of the Facility. E[: 31. All veWl§spritain1'ffilwaste that enter or exit the Facility must be covered with a canvas, tarli'$1Plin oi'bElier equivalent method to prevent waste from blowing or falling off the vehicleY.11i,t+! lempty departing vehicles that delivered waste to the Facility must not allow residual waste materials from becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. 32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall be kept clean and free of litter and debris. 33. The truck route for all (100%) of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and turn Page 4 of 5 left. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. 34. Closing documents for the Residential property at One DiPietro Avenue, demonstrating that the Facility Operator has purchased and recorded said purchase at the registry of deeds shall be submitted to the Board prior to Facility start up. The deed shall note that for as long as the transfer station is in existence and operational that the property can never be used as an occupied residential dwelling, a licensed day care center, prison, health care facility, elementary school, middle school or high school, children's preschool, or senior center or you center, excluding equipment storage or maintenance structures. d, l' 35. An authorized representative of the City ofeS�l RWnbard of Health shall have the right to perform unscheduled inspections of the Facility d�Uhng operating hours or at any other time deemed appropriate by the SaTm' Board of WeNth for the purposes of confirming compliance with the finaYjap�proved conditions.��((ii,, 36. All correspondence submitted to the Health, including but not limited to: 1111 contracts, agreements, peMitmodifi 37. The Facility Operator shall generation trips,Within six days for o , parison ith the cominuari h the pub�liolhea copied toflie,Salem Board of in nt of the traffic operational. The A traffic for at least three November 24, 2009 operation'iUies are higher than projected, the assessment of the traffic impacts and to the Salem BOH. 28-30 of the December 2007 Traffic 5ndition act and Assessment Study by Vanasse & Associates Inc. is herein incorporated as ril, of thisssite assignment. These conditions generally include: a.) traffic " IFetiming and�I , e use re"slip ing; b.) re -timing of the study area signalized inter e i ns as an im � Movement measure to optimize traffic signal operations; c.) pavemen azking difications at the intersection of Swampscott Road and Highland 11'. d'Jo� ei�operational improvements that may be warranted. The Salem Board of health�R$gogmzes that these improvements are subject to the approval of the Massachusetts D I . All correspondence with MDOT regarding these improvements shall be submitted to the Salem Board of Health. Page 5 of 5 .- - -IT formatted: LeR: 0.5", Right: 0.5", Top: o", Bottom: 0: Conditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health 1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure:' 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users ant:13N,`Am-to.1:00 PM on Saturday for residential users +_______________ (}, "ii._r' W„•%,f _______ _______________, Deleted:, excluding Federal holidays. 3. The Facility shall accept a maximum annualtonnage of 126 400 t_' _ ar of Municipal_ Solid Waste- , -- celeeed: lo,aoo (MSWj Commercial Solid Wastes CSW and, Construction Demolition.Debris C&Diwith adaily _- Deleted:,(MSW shallbedefinedlobe average of 400 tons/day,and a maximum of 500 tons/day.; The max�mum,number of vehicles +acwa+�e erMani�iPal solid wave entering the transfer station factlity,(not including residenhal vehicles access'to the leaf and yard - Deleted: (annually a�agedn, waste and recyclables drop off facility) on anyone given day shall not exceed 115. 4. The Facility Operator shall operations and conduct low regulations. to properly monitor the able local, state and federal 5. The Facility Operatdr,shall maintain a valid 24 hour -7 day per week emergency phone number conspicuously displa)ed,at the Facility for emergency conditions during both operating and non- operating hours, posted,hi both Engli§h,and Spanish. 6. Tne Facility Operator shall c duct daily str efsweeping of all paved surfaces on the site. 7. The Facility Operator shall conduct routine litter control/policing and street sweeping along Swmpscott Road from the intersection Swat of Highland Road to First Street as necessary, and at a minimum semi-m�onthly. 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the resnonsq actions to be taken in each situation: ------------------------------------- a. __-a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 Deleted: Robinson Road Deleted: medial 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a follow-up written reportwithin - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly repairany significant building damage that compromises the performance or ability of the Facility,to contain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days of the event. Alt 14. The Facility Operator shall post Anti -Idling signs and periodically�rtionitor and control the idling times of all diesel vehicles entering, exiting �or,queuing on site at any time in conformance with the applicable local, state or federal regulations speeifically,,31100 CMR 7J_1•. 15. Except for the occasional storaee of C&D Debris e"red rr,t,[ainers and[he leaf yard waste and recyclables drop off facility, yyo Facility. outside the enclosed receiving ..... _ - Deleted: Deleted: N 16. Vehicular traffic entering or exiting the;Facility-shall lie controlled to prevent the queuing of vehicles beyond; or outside the `fence line ofthe`Faclllty�,Vehicles will not be allowed to queue on any City streetsJoeluddiiing Swampscott Road. - 17. On -site -vehicles owned, operated and'otherwise controlled by the Facility Operator, which may include but notbE`limitedto, rolling on-site equipment, shall be retrofitted with after -market . . emission control kits that will further reduce Vehicle emissions. Any new vehicles acquired for use at the''site will be equipped with emissions controls that meet all current state and federal emissions requirements. \\ `*,\ 18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may include but not be`limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after markefemission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of the Facility Operator by the City, such violators _ - Deleted: T _ will be prohibited by Facility Operator from future use of the Facility -- - - - - - - - - - - - - - - -- - - - Formatted: not Highlight Deleted: shall ensure that engine 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict compression brakes will not be utilizod conformity with local, state and federal storm water requirements. by any trucks imbaing the Facility withina one mile radian or the Facility. Page 2 of 5 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem - - - Formatted: Bullets and Numbering Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at un to three sensitive receptors are at or below a 5 dBA increase above backeround levels If dBA levels exceed a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below ------------- 3 24. All free draining liquids within the Facility shall be,collected and stored within an on site water "tight tank", whlch'is to be permitted through the Salem,Board of Health and approved by the Massachusetts Department of Environmental Protection.' 25. Prior to commencement,of operations, the Facility must contract with a Massachusetts licensed e professional pest control. management firm and provide the Salem Board of Health with a copy of the executed contract. The contracted services shall include, but not be limited to, inspecting the site for vermin such A birds, rats, and insects on a. semi-monthly basis, (24 times per year) and the findings presented in"a written report, which shall be forwarded to the Salem Board of Health. Appropriate and tirtely'mitigation'ti easures shall be undertaken in the event vermin are identified at the Facility,''y°� 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by, the Massachusetts Building Code for ventilation and for control of odors generated within theFacility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non Page 3 of 5 Formatted: Font:(Default)Times New Roman, 12 pt, Not Bold, Fant color: Auto Formatted: Font: Bold Deleted: <q>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up ofthe Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increaeel noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. If dba levels exceed a 5 dba increase, the Facility shall install noise attenuation features to reduce the exceedance to below a 5 dba increase within 330 days of startup of the Facility.' operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facility shall fund an indenendent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PM. s) and coarse(PMIO particulate matter using USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 180 days after Facility start up A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facilitystp If the report does not demonstrate that copied to the Salem Board of Health. �- - - - Formatted: Bu lits and Numbering Formatted: Ford: (Default) Times - - - - New Roman, 12 pt, Not Boll, Font color: Auto 30, fAny waste materials delivered to the Facility and tipped oiithe receiving' floor. of the Facility that are _,, hazardous in nature shall be renin eWfrom the waste mass and stored in a secure container designed als to handle such hazardous materi`The containers for hazardous materials shall be stored within the secure enclosure of the Facility r *Ry, +n 31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas, tarpaulin or other equivalent method,io prevent w ste fi`omblowing'o>; falling off the vehicles. All empty departing vehicles than delivered': waste to Hie Facility mustnot allow residual waste materials from becoming a nuisance condition All potentially,odiferous materials shall be delivered in sealed containers fyaTg"' y2d. t� Vp^ .ley,y 32. The exterior of all waste vehicles whether delivering or transporting waste from the Facility, shall be kept clean and free ofiitter anddebris. - 9%7g 33. The tru k oute for all (100%) of the cdnsolidated waste materialsleaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and tum left. No Facility Operator controlled/ownned vehicles shall use First Street, unless collecting curbside trash and recyclable items. w .a��`,_): 34. 35. Deleted: <q>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions such as fine (PMrs) and coarse (PMia) odors, or other applicable emissions. The actual stack emission test shall be conducted by the independent qualified consultant not later than 180 days atter Facility stat) no A worm report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. Ifthe report does not demonstrate that the actual stack emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Site Assignment process than the Facility operator shall within 30 days presents plan to the Salem Board of Health for review and approval to add additional emissions controls to meet the modeled stack emissions. These additional controIs shall be installed within 90 days Closing documents foithe Residential property at One DiPietro Avenue, demonstrating that the by the Salem BoaN of Health Facility Operator has purchased and recorded said purchase at the registry of deeds shall be nofapproval submitted to the Board prior to Facility start up. The Facility Operatorligrees that, the property shall , - Deleted: deed anau nine mat fpr as snag ; ever be used as an occupied residential dwelling, a licensed day care center, prison, health care as the transfer station is m existence an facility, elementary school, middle school or high school, children's preschool, or senior center or Deleted: it operational that youth center, excluding equipment storage or maintenance structures, for as long as the transfer I Deleted: can station is in existence and operational An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the;operation rates are higher than ., projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 1. 38. Traffic improvements recommended on Pages 28-30'of the' Assessment Study by Vanasse &AssociatesInC. is herein it assignment. These conditions generally include: a.) traffic b.) re -timing of the study area signalized intersections as an signal operations; c.) pavement marking modifications at'th Highland Ave; d) other operational mprovements Il at may health recognizes that these improvements are subject to'tht .,. All correspondence with MDOT"re'gardingthese improvem, Board of Health. \ \ m " .; I.------- )eoember 2007 Traffic Impact and :orporated as a condition of this site ignal-:refining and lane use re -striping; mprovement measure to optimize traffic intersection of.,Swampscott Road and ie warrantedN lie Salem Board of approval of the Massachusetts DOT. nts shall be submitted to the Salem Page 5 of 5 Deleted: 11 rormetted: Left: 0.5", Right: 0.5", Conditions of Approval To0: 0", Bottom: 0" For the Minor Modification to the Site Assignment By The Salem Board of Health With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure:' , 2. Hours of operation shall be between 7:00 AM and 5:00rPM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and.700,Atn to,1:00 PM on Saturday for residential users,_ Deleted: , excluding Feral holidays. 3. The Facility shall accept a maximum annual tonnage of 126 400 tons/year of Municipal Solid Waste , _ -- Deleted: 10,400 (MSWICommercial Solid Wastes_CSW and, Construction Demolltionrz.Debris-C&D,withad_aily_„_-oeleted:,lMSWshanbedeenedtobe average of 400 tons/dayand a maximum of 500tons/day The maximum number of vehicles inclusive of Municipal solid Waste entering the transfer station factli[y (not includirig'residenfial vehicles access to the leaf and yard - - oeleted: (annually averaged), waste and recvclables drop off facility),on any one"given day shall not exceed 115. 4. The Facility Operator shall employ A'sufficienbnumber of imployees to properly monitor the operations and conductload inspections,in conformity with tfieapplicable local, state and federal regulations.-,�."�•, „- ,p'/..., r:,�'�,,,. NJ 5. The Facility Operatm shall maintain a conspicuously displayed,at the Facilib operating hours,. posted in 'th Englisi 6. The Facility Operator shall conduct da .fi 4 .:k'i SSL. � 7. The Facility Operator shalt'condu� Swampscott Road from the intersectio minimum semi-monthlv. Ti- t ialid 24 hour -7 day per week emergency phone number for emergency conditions during both operating and non - of all paved surfaces on the site. me litter control/policing and street sweeping along of Highland Road to First Street. as necessary, and at a--------- Deleted: Robinson Road 8. The Facility Operatorshall develop and provide the Salem Board of Health an Operations and Maintenance (0&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the responsetiactions to be taken in each situation: _________________ a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 Deleted: medial 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event witlyn 24 hours of the event and provide a follow-up written report within _ - - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly repair any significant building damage that compromises the performance or ability of the FacilityGo� Dr tain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days of the event. 14. The Facility Operator shall post Anti -Idling signs and penodlcall rtionitor and control the idling times of all diesel vehicles entering, exiting or;queuing on site at ar' time in conformance with the applicable local, state or federal regulations specifically,310 CMR 7.11,X 15. recvclables drop off facility. Ao waste roste may _be handled 6r,stored outside the enclosed receiving *y, Facility. y r 16. Vehicular traffic entering or exiting the Facility,shall be controlled to prevent the queuing of vehicles beyond; nor -outside the;"fenee line';, of the Facility `?,Vehicles will not be allowed to queue on any City streets, imiluding Swampscott Road.- ,x 17. On-site vehicles owned; operated andatherwise controlled by the Facility Operator, which may include but not b& limited to,"tolling on-site equipment, shall be retrofitted with after -market emission control kits that will,firther reSice,vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. t 18. Transfer trucks owned, o sled and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. Deleted: Deleted: N 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of (he Facility Operators the City,such violators ... _ - - Deleted: T will be prohibited by Facility Operator from future use of the Facility.Formatted: Not Highlight Deleted: shall ensure that engine 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict compression brakes will not be utilized by any trucks utilizing the Facility within conformity with local, state and federal storm water requirements. a one mile radius of the Facility. Page 2 of 5 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem -' - Formatted: auIletsand Numbering Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above backffound levels If dBA levels exceed a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below ----------------- 24. All free draining liquids within the Facility shall becollected dad stored within an on site water "tight tank", which is to be Permitted through the SalemBoard of Health and approved by the Massachusetts *a4rne d of Environm0ntal Protection_ _ law r 25. Prior to commencement of operations, the Facility must contract with a Massachusetts licensed professional pest control management: firm and provide the Salem Board of Health with a copy of the executed co tract. The contracted Services`shall include, but not be limited to, inspecting the site fo vermin such as birds, rats, a'nd insects on a"semi-monthly basis, (24 times per year) and the findings presented in a w[itteii report, which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified at the Facility. 26. The Facility shall have an air Fiandling system capable of handling general air exchanges within the Facility, as requir"ed byathe Massachusetts Building Code for ventilation and for control of odors generated within the'Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non Page 3 of 5 formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Formatted: Font: Boll Deleted: <R>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shell demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. If dba levels exceed a 5 dba increase, the Facility shall install noise atleaustion fcanne, to reduce the exceedance to below a 5 dba increase within 330 days of stirrup of the Facility. t operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facilitv shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PM, s) and coarse (PM1 ft particulate matter using USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 180 days after Facility start up. A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that copied to the Salem Board of Health. 30. Any waste materials delivered hazardous in nature shall be re to handle such hazardous mate the secure enclosure of the Fa( 31. All vehicles or other equ departing ve becoming a 32. The exterior of al be kept clean and 33. The truck}oute for all (I onto Swampscott Road 1 items. •- - - j Formatted: Bullets and Numbering y and tipped onrfhe receiving floorr of the Facility that are - the waste mass and stored in a secure container designed retainers foihazardous materials shall be stored within exit the Facility mu stsbe covered with a canvas, tarpaulin Ie JiomTblowing or falling off the vehicles. All empty Fe Facility must not allow residual waste materials from iAlly odiferous materials shall be delivered in sealed or transporting waste from the Facility, shall f thecohsolidated waste materials leaving the Facility shall exit out the southernmost facility exit and tum left. No Facility Operator use First Street, unless collecting curbside trash and recyclable 34. Closing documents top the Residential property at One DiPietro Avenue, demonstrating that the Facility Operator has purchased and recorded said purchase at the registry of deeds shall be Formatted: Font: (Default) Times New Roman, 12 pt, Not Boll, Font color: Auto Deleted: <4>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to merino emissions such as fine (PM,,) and coarse (PMio) odors, or other applicable emissions. The actual stack emission test shall be conducted by the independent qualified consultant not later than 190 days after Facility start up. A written report ofthe emissions testing results shall be submined by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that the actual stack emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Site Assignment process than the Facility operator shall within 30 days present a plan to the Salem Board of Health for review and approval to add additional emissions controls to meet the modeled stack emissions. These additional controls shall be installed within 90 days ofapprocel by the Salem Board of Health submitted to the Board prior to Facility start up. The Facility Operatorggrees that, the property shall ; _ - Deleted: deed shall note that for as Inns ever be used as an occupied residential dwellin a licensed da care center rison health care D the transfer station is m existence an ---- - p ---- Y - , - --- --- - - facility, elementary school, middle school or high school, children's preschool, or senior center or Deleted: d opemtrenal that youth center, excluding equipment storage or maintenance structures for as long as the transfer Deleted: can station is in existence and operational. 35. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages Assessment Study by Vanasse & Associatesb assignment. These conditions generally inclui b.) re -timing of the study area signalized inter, signal operations; c.) pavement marking modi Highland Ave; d) other operational improver health recognizes that these improvements are All correspondence with MDOT ­regardirig;the Board of Health. ' 30'of the December 2007 Traffic Impact and s herein incorporated as a condition of this site a.) traffic signal.retiming and lane use re -striping; ions as an improvement measure to optimize traffic tions afihe intersection of Swampscott Road and that maybe warranted.' The Salem Board of iject to the approval of the'Massachusetts DOT. mmovements shall be submitted to the Salem Page 5 of 5 Deleted: 11 11 Conditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health Based on all of the evidence given at a public hearing conducted pursuant to the Massachusetts Site Assignment Regulations for Solid Waste Facilities (3 10 CMR 16.00), the Board of Health finds that the proposed minor modification to the existing site assignment of the facility located at 12 Swampscott Road will not constitute a danger to public health, safety or the environment and hereby approves such minor modification subject to the following conditions. These Conditions shall be strictly enforced, and violations of them shall be grounds for the impositions of fines, temporary shut downs, or rescission of this site assignment and closure of the facility. 1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure. 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and 7:00 AM to 1:00 PM on Saturday for residential users, excluding the holidays noted in NCI's existing lease with the City of Salem. The residential drop off facility shall be open to the public during all operating hours. 3. The Facility shall accept a maximum annual tonnage of 124,800 tons/year of Municipal Solid Waste (MSW), Commercial Solid Wastes (CSW) and Construction Demolition Debris (C&D), with a daily average of 400 tons/day and a maximum of 500 tons/day. The maximum number of vehicles entering the transfer station facility (not including residential vehicles access to the leaf and yard waste and recyclables drop off facility) on any one given day shall not exceed 115. 4. The Facility Operator shall employ a sufficient -number of employees to properly monitor the operations and conduct load inspections in conformity with the applicable local, state and federal regulations. 5. The Facility Operator shall maintain a valid 24 hour -7 day per week emergency phone number conspicuously displayed at the Facility for emergency conditions during both operating and non- operating hours, posted in both English and Spanish. 6. The Facility Operator shall conduct daily street sweeping of all paved surfaces on the site. 7. The Facility Operator shall conduct routine litter control/policing and street sweeping along Swampscott Road from the intersection of Highland Ave to First Street, as necessary, and at a minimum semi-monthly. 8. The Facility Operator .shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. Page 1 of 6 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the response actions to be taken in each situation: a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21 E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a follow-up written report within 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly repair any significant building damage that compromises the performance or ability of the Facility to contain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days of the event. 14. The Facility Operator shall post Anti -Idling signs and periodically monitor and control the idling times of all diesel vehicles entering, exiting, or queuing on site at any time in conformance with the applicable local, state or federal regulations, specifically 310 CMR 7.11. 15. Except for the occasional one business day storage of one C&D Debris covered container, and the leaf yard waste and recyclables drop off facility, no waste may be handled or stored outside the enclosed receiving Facility. 16. Vehicular traffic entering or exiting the Facility shall be controlled to prevent the queuing of vehicles beyond, or outside the "fence line" of the Facility. Vehicles will not be allowed to queue on any City streets, including Swampscott Road. 17. On-site vehicles owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to, rolling on-site equipment, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. Page 2 of 6 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of the Facility Operator by the City, such violators will be prohibited by Facility Operator from future use of the Facility. 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict conformity with -local, state and federal storm water requirements. 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels. If dBA levels exceed a 5 dBA increase, the Facility shall install noise attenuation features to reduce the increase to below a 5 dBA increase within 330 days of startup of the Facility. The study shall include baseline and noise monitoring measurements at up to three locations, closest to sensitive receptors. Every attempt should be made to conduct the updated baseline and source compliance testing within as close a period of time as practicable. These nearest residential receptors would include Locations E, F, G, and/or H used in the original sound study conducted in 2008. Sound testing will be 1 -hour in duration at each location. The sound level metric used for the comparison will be the L90 as defined in the MA DEP Noise Policy 90-001. If the testing shows that background sound levels are lower than those in the 2008 study, then compliance will be deemed to be achieved if the "Project -only" sound levels are no higher than those modeled in Table 5 of the March 21, 2008 sound study report as long the Noise Policy is still achieved. The cost for such study shall not exceed $7,500. 24. All free draining liquids within the Facility shall be collected and stored within an on site water "tight tank", which is to be permitted through the Salem Board of Health and approved by the Massachusetts Department of Environmental Protection. 25. Prior to commencement of operations, the Facility must contract with a Massachusetts licensed professional pest control management firm and provide the Salem Board of Health with a copy of the executed contract. The contracted services shall include, but not be limited to, inspecting the site for vermin such as birds, rats, and insects on a semi-monthly basis, (24 times per year) and the findings presented in a written report, which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified at the Facility. 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate when the Page 3 of 6 air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. The Facility operator shall notify the Board in writing if the misting system ventilation system or any tipping floor door is out of service for more than 24 hours. Such notice shall be delivered to the Board the same day as such event and shall include the reason for the equipment being out of service, the repairs required and the expected time to put the equipment back in service. In such event, the Facility Operator shall promptly place such equipment back into service and at a minimum comply with the following additional conditions: Doors: The Facility Operator shall keep out of service doors closed until repaired; Ventilation System: The Facility Operator shall increase the flow through the misting system during periods when the ventilation system is out of service. The Facility Operator shall put the ventilation system back in service within 36 hours of the notice to the Board. If the ventilation system is not put back in service within 36 hours all incoming waste shall be suspended until the ventilation system is back in service. Misting System: The Facility Operator shall use other methods of watering down the waste such as hand held hoses when the misting system is out of service. The Facility Operator shall put the misting system back in service within 36 hours of the notice to the Board. If the misting system is not put back in service within 36 hours all incoming waste shall be suspended until the misting system is back in service. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements. 28. The Facility shall employ odor neutralizing agents in the misting system to effectively neutralize any odors exiting the building. . 29. The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack�to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PM2.5) and coarse (PM,o) particulate matter using USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 180 days after Facility start up. A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that the actual stack emissions (lb/hr) multiplied by the maximum hours of operation are not less than one ton per year, then within 30 days apply to the MassDEP for an Air Plan Approval, including a Best Available Control Technology (BACT) analysis and air dispersion modeling to demonstrate compliance with all applicable air quality standards. The application and Air Plan Approval shall be copied to the Salem Board of Health. The study shall include stack emissions testing during active transfer station operations with the ventilation system in normal operation. The cost for such stack testing shall not exceed $ 7,500. 30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. Page 4 of 6 31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas, tarpaulin or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty departing vehicles that delivered waste to the Facility must not allow residual waste materials from becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. 32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall be kept clean and free of litter and debris. 33. The truck route for all (100%) of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. 34. Closing documents for the Residential property at One DiPietro Avenue, demonstrating that the Facility Operator has purchased and recorded said purchase at the registry of deeds shall be submitted to the Board prior to Facility start up. The deed shall note that for as long as the transfer station is in existence and operational that the property shall never be used as an occupied residential dwelling, a licensed day care center, prison, health care facility, elementary school, middle school or high school, children's preschool, or senior center or youth center, excluding equipment storage or maintenance structures. 35. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages 28-30 of the December 2007 Traffic Impact and Assessment Study by Vanasse & Associates Inc. is herein incorporated as a condition of this site assignment. These conditions generally include: a.) traffic signal retiming and lane use re -striping; b.) re -timing of the study area signalized intersections as an improvement measure to optimize traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott Road and Highland Ave; d) other operational improvements that may be warranted. The Salem Board of health recognizes that these improvements are subject to the approval of the Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be submitted to the Salem Board of Health. Page 5 of 6 reo 11 eULU A:,/rri Mr LMbtKJLI rMx p.1 39. The Facility Operator shall pay the actual expenses up to $20,000 per year (adjusted annually on the anniversary of this agreement by the Brockton Boston Nashua CPI -U) into a revolving fund oontrolled by the Board to hire a qualified environmental scientist or engineer to inspect the construction and operations at the facility, to review the records of operation and to evaluate compliance. with local state and federal laws and regulations and with the terms and conditions of all environmental permits inclusive of this site assignment. The scientist or engineer may take measurements of ambient air at the property line for the purpose of determining compliance with the allowable ambient levels to particulate matter known as PM2,5 and PMID, noise levels at sensitive receptors, traffic counts or other measurements as deemed appropriate. The City will provide the Facility Operator with copies of all results of such inspections and measurements within ten (10) business days of receipt. 40. The Facility Operator shall study the First Street and Swampscott Road intersection to determine if a traffic signal is warranted. The study shall also examine the lights at Traders Way and highland. Ave. The Facility Operator shall fiord an independent qualified consultant selected and managed by the Salon Board of Health to peer review the study. if the traffic signal is warranted at the First Street and Swampscott Road then the Facility Operator shall design, and permit the new signals and also fund up to $200,000 to construct the new signals 41. The conditions of this permit are binding on the Facility Operator, and any of its heirs, succors, assigns, agents or employees. 42. The Facility Operator shall comply with the United States Department of Transportation requirements governing screening of truck drivers and cheek the driving records and perform random drug testing on the Facility Operators waste haulers. 43. Northside Carting will provide a drop off container for redeemable bottles and cans at the transfer station. Northside Carting will redeem them and all funds generated will be donated to the Salem Public Schools on a monthly basis. nr6 Barbara P remba. Chairs' 02. -of- ZO/D Page 6 of 6 Feb 11 2010 5:57PM HP LASERJET FAX P.1 39. The Facility Operator shall pay the actual expenses up to $20,000 per year (adjusted annually on the anniversary of this agreement by the Brockton Boston Nashua CPI -U) into a revolving fund controlled by the. Board to hire a qualified environmental scientist or engineer to inspect the construction and operations at the facility, to review the records of operation and to evaluate compliance. with local state and federal Iaws and regulations and with the terns and conditions of all environmental permits inclusive of this site assignment. The scientist or engineer may take measurements of ambient air at the property line for the purpose of determining compliance with the allowable ambient levels to particulate matter known as PM2.s and PMto, noise levels at sensitive receptors, traffic counts or other measurements as deemed appropriate. The City will provide the Facility Operator with copies of all results of such inspections and measurements within ten (10) business days of receipt. 40. The Facility Operator shall study the First Street and Swampscott Road intersection to determine if a traffic signal is warranted. The study shell also examine the lights at Traders Way and highland . Ave. The Facility Operator shall fund an independent qualified consultant selected and managed by the Salem Board of Health to peer review the study. If the traffic signal is warrented at the First Street and Swampscott Road then the Facility Operator shall design, and permit the new signals and also fund up to $200,000 to construct the new signals 41. The conditions of this permit are binding on the Facility Operator, and any of its heirs, successors, assigns, agents or employees. 42. The Facility Operator shall comply with the United States Department of Transportation regtdrements governing screening of truck drivers and check the driving records and perform random drug testing on the Facility Operators waste haulers. 43. Northside Carting will provide a drop off container for redeemable bottles and carts at the transfer station. Northside Carting will redeem them and all funds generated will be donated to the Salem public Schools on a monthly basis. :-as' "/& ////,70/0 ap/a Page 6 of 6 .- - - formatted: Left: 0.5", Right: 0.5", Tap: 0", Bottom: 0" Conditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosume t' , 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and; 7:00>Am;to 1:00 PM on Saturday for residential users� ° Deleted: ,exchiding FNeral holidays. 3. The Facility shall accept a maximum annual tonnage of 126.400 tons/year of Municipal_ Solid Waste _ - Deleted: 10,400 (MSW�CommercialSolid Wastes CSW,,sad. Construction DemolitioaDebris_(C&D),with a daily, Deleted:,(MSW shall bedefinedtobe average of 400 tons/dayrand a maximum of 500 tons/day'The maximum number of vehicles inclusici of Municipal solid waste entering the transfer station facility (not includisid Wieential vehicles accessto the leaf and yard - - Deleted: (annually asu aged, waste and recyclables drop off facility) on any one'giver. day shall not exceed 115. 4. 5. 6. 7. The Facility Operator shall operations and conduct ]oar regulations. ,`.'l„.,,,,' to properly monitor the able local, state and federal The Facility Operatdr,shall maintain a valid 24 flour -7 day�'per week emergency phone number conspicuously displayed.at theFacility for emergency conditions during both operating and non - The Facility Operator sli; Swampscott Road from t minimum semi-monthly. 8. The Facility ( Maintenance h all of the Site requirements. of all paved surfaces on the site. me litter control/policing and street sweeping along of Highland Road to First Street as necessary, and at a-------- Deleted: Robinson Road 1 develop and provide the Salem Board of Health an Operations and ual for the Facility prior to commencement of operations that incorporates conditions and is in accordance with the applicable local, state and federal 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the response- actions to be taken ineach situation: _____________________________________________ a. Fire protection b. Loss of electricity c'Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 Deleted: medial 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a_ follow-up written report within_ _ _. _ - - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup �.�ro 13. The Facility Operator shall be required to promptly rep A* significant building damage that compromises the performance or ability of the Facility,to contain fugitive dust, noise or odors and provide a follow-up written report within 14 ,calendar days'of the event. 14. The Facility Operator shall post Anti -Idling signs and periodicalllly monitor and control the idling times of all diesel vehicles entering, exiting, oryqueuing on site at any time in conformance with the applicable local, state or federal regulationsyspeeifically310 CMR 7.11. 15. Except for the occasional storage of C&D Debris In. covered containers andthe leaf yard waste and recyclables drop off facility. a waste may be handled or,stored outside the enclosed receiving ..... - - Deleted: -------- ^.;----- - - - - ----- - - - - -- Facility. "wn,,,ra'^�,� Deleted: N 16. Vehicular traffic entering or exiting the Facility -§hall he controlled to prevent the queuing of vehicles beyond; or outside the fence line'nofthe'Facility*vehicles will not be allowed to queue on any City streets, including Swampscott Road.,'r M 17. On -site -vehicles owned; operate a d'otherwse controlled by the Facility Operator, which may include but not be limited to rolling on-siie egtiipthent, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requuem_ents. 18. Transfer trucksowned, operated and otherwise controlled by the Facility Operator, which may include but not lie limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with afterkmarketemission control kits that will further reduce vehicle emissions. Any new vehicles acquired'for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of the Facility Operators the City, such violators Deleted: T will be prohibited by Facility Operator from future use of the Facility., rurmatted: Not Highlight Deleted: snail encore that engine 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict compression bakes will not be atih.z by any tracks atilizing will, Facil;ty within conformity with local, state and federal storm water requirements. amemaeraams netneFauiiry. Page 2 of 5 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem - - Formatted: Bulletsand Numbering Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels If dBA levels exceed a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below aueu awu auau nvrcncocu . r wv ----------------------- _ ____ ____ 24. All free draining liquids within the Facility shall he,collected'And stored within an on site water "tight tank", whlch'Is to be permitted through the Sale`m,Board of Health and approved by the Massachusetts Derarfinen£ofEnvironro talProtechon:.:',%"t 25. Prior to commences lentof operations, the Facility must contract with a Massachusetts licensed professional pest control.management-firm and provide the Salem Board of Health with a copy of the executed contract. The contracted 'services Shall include, but not be limited to, inspecting the site for vermin such as birds, rats, and insects on a semi-monthly basis, (24 times per year) and the findings presented 1n awritten "repo_ rt, which shall be forwarded to the Salem Board of Health. Appropriate and timely initigatiodnmeasures shall be undertaken in the event vermin are identified at the FacilitvNx, k % 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non - Page 3 of 5 _ Formatted: Font: (DefauIt)Times New Roman, 12 pt, Not Bold, Font color: Auto Formatted: Font: Bold Deleted: cp>Thc Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of startup of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days ofstartup ofthe Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. If dba levels exceed a 5 dba increase, the Facility shall install noise attenuation features to reduce the exceodance to below a 5 dba increase within 330 days ofstartup ofthe Facility.' operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facility shall fund an independent qualified consultant selected and managed by the Salem - - Formatted: Bulletsand Numbering Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PM, Stand coarse (PMIo particulate matter using USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 130 days after Facility start up A written report of the emissions testing results shall be submitted by independent qualified consultant 30. Any waste materials delivered to.the Facility and tipped on,the recefvmg'floor of the Facility that are_, hazardous in nature shall be retrftoveMrom the waste mass and stored In a secure container designed to handle such hazardous materials. `The,containers for hazardous materials shall be stored within the secure enclosure of the Facility.s, 31. All vehicles containing waste that enter or exit the Facility must,be covered with a canvas, tarpaulin or other equivalent method to prevent waste from-blowing'or falling off the vehicles. All empty departing vehicles that delivered':waste tofthe Facility must not allow residual waste materials from becoming a nuisance condition All potentially,odiferods materials shall be delivered in sealed w containers. 32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall be keptclean and free.of litter and'debris. \, "a \1yy \11 4 33. The truckroute for all (100%d) of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and tum left. No Facility Operator controlled/owned�vehicles shall use First Street, unless collecting curbside trash and recyclable items. 111\. ,¢'r 34. Closing documents for the Residential property at One DiPietro Avenue, demonstrating that the Formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Deleted: <q>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions such as fine (PMre) and coarse (PMm) Mom or other applicable emissions. The actual stack emission test shall be conducted by the independent qualified consultant not later than 180 days after Facility start up. A written report ofthe emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not deme nshate that the actual stack emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Site Assignment process than the Facility operator shall within 30 days present a plan to the Salem Board of Health for resiew and approval to add additional emissions controls to meet the modeled stack emissions. These additional controls shall be installed within 90 days ofapproval by the Salem Board of Health Facility Operator has purchased and recorded said purchase at the registry of deeds shall be submitted to the Board prior to Facility start up. The Facility Operator goes that the property shall ; , - Deleted: deed shall note that for as long ever be used as an occupied residential dwellni , a licensed day care center, prison, health care m the transfer station is in existence an facility, elementary school, middle school or high school, children's preschool, or senior center or Deleted: d operational that youth center, excluding equipment storage or maintenance structures, for as lone as the transfer Deleted: can station is in existence and operational. 35. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in opemtors/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the;operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages 28.30 of the December 2007 Traffic Impact and Assessment Study by Vanasse & Associates�hicJs herein incorporated as a condition of this site assignment. These conditions generally include: a.) traffic signalsetiming and lane use re -striping; b.) re -timing of the study area signalized intersections as an improvement measure to optimize traffic signal operations; c.) pavement marking modifications at'ihe intersection of�Swampscott Road and Highland Ave; d) other operational improvements thafmay be warranted. fbe Salem Board of health recognizes that these improvements are subject to the approval of the Massachusetts DOT. All correspondence with MDOT regardmg these improvements shall be submitted to the Salem Board of Health. "" ` , '`" ", ... x •------------- - - - - - - Page 5 of 5 Deleted: 11 9 9 S .- - - Formatted: Left: 0.5", Right: 0.5", , Bottom: 0" Conditions of Approval Top: 0" For the Minor Modification to the Site Assignment By The Salem Board of Health 1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure'*r,. 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and,7:00,'Air to�1:00 PM on Saturday for residential uY users ...yk Deleted:,exduding Federal holidays. 3. The Facility shall accept a maximum annual to SW Commercial Solid Wastes CSW and average of 400 tons/day,and a maximum of 50, entering the transfer station facility,(not includ waste and recyclables drop off facility). on any 4. The Facility Operator shall operations and conducLloa wAt regulations. 5. The Facility 0 conspicuously 6. The Facility Op re 7. The Facility Operator sl Swampscott Road from minimum semi=monthh 8. The Facility( Maintenance I all of the Site requirements. dai for inage of 122�ions/year of Municipal_ Solid Waste _ - Deleted: lopoo Construction Demolition.Debris-(C&EI),with adaily_,, Deleted: ,IMswshellbedeeaedtobe i'tons/day!The maximum number of vehicles Deleted : (aau.olpaa soba waaro ----------- Deleted: a n all ng residential vehicles access to the leaf and yard (� a y averabrea), me givenday shall not exceed 115. to properly monitor the able local, state and federal week emergency phone number ns during both operating and non - of all paved surfaces on the site. me litter control/policing and street sweeping along of Highland Road to First Street as necessary, and at a....... - Deleted: Robinson Road I develop and provide the Salem Board of Health an Operations and GI for the Facility prior to commencement of operations that incorporates conditions and is in accordance with the applicable local, state and federal 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the response actions to be taken in each situation: __________________________________________________ a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 Deleted: medial 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event witlyn 24 hours of the event and provide a follow-up written report within - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly repair any significant building damage that compromises the performance or ability of the Facility to,contain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days of the event. 14. The Facility Operator shall post Anti -Idling signs and periodically monitor and control the idling times of all diesel vehicles entering, exiting; or?queuing on site at any, time in conformance with the applicable local, state or federal regulations,Fspecifcally310 CMR 7.1.1 "b 15 recvclables drop off facility," Facility. Ioutsidetheenclosedreceiv_in_g ---- -------- Deleted: ----------------- Deleted: N 16. Vehicular traffic enteringbr'exiting the:Facilityshall be controlled to prevent the queuing of vehicles beyond Por; outside the'•y`fence line'; ofthe'Facility" Vehicles will not be allowed to queue on any City streets, including Swampscott Road. 17. On -site -vehicles owned, operated and'otherwise controlled by the Facility Operator, which may include but not be limited,to rolling on -sine equipment, shall be retrofitted with after -market emission control kitsthat will further reducevehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. " N, 18. Transfer true ' 'owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with aftermarket emission control kits that will further reduce vehicle emissions. Any new vehicles acquired 'at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of (he Facility Operator by the City, such violators will be prohibited by Facility Onerator from future use of the Facility., 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict conformity with local, state and federal storm water requirements. Page 2 of 5 Deleted: T Fornwtted: Not Highlight Deleted: shall ensure Thal enbqne comOmssion bakes will not be milrzed by any Imcks utilizing the Facility within a one mile radius of the Facility. 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem - - Formatted: Bulletsand Numbering Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels If dBA levels exceed a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below Formatted: Font: (Default)Times - New Roman, 12 pt, Not Bold, Font color: Auto wt ------------------------------ 24. All free draining liquids within the Facility shall be�collected�and stored within an on site water "tight tank", which'is to be permitted through the SalemBoard of Health and approved by the Massachusettsl)epartmenfofEnvironmentalProtechon-*In 25. Prior to commencement,of operations, the Facility must contract with a Massachusetts licensed professional pest control management: firm and,provide the Salem Board of Health with a copy of the executed contract. The contracted services shall include, but not be limited to, inspecting the site a,...., for�"crinin such as birds, rats; and insects on asemi-monthly basis, (24 times per year) and the findingspresented in a:written Ire port, which shall be forwarded to the Salem Board of Health. Appropriate and timely'rid6gation°measures shall be undertaken in the event vermin are identified at the Faeility.�,"k, \ ak 26. The Facility shall have an air dandling system capable of handling general air exchanges within the Facility, as required ,bythe Massachusetts Building Code for ventilation and for control of odors generated within the'Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non Page 3 of 5 Formatted: Font: Bold Deleted: O>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitred to the Salem Board of Health within 240 days ofstanup ofthe Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. If dba levels exceed a 5 dba increase, the Facility shall install noise attenuation features to reduce the exceddance to below a 5 dba increase within 330 days of startup of the Facility.' operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facility shall fund an independent qualified consultant selected and managed by the Salem - - Formatted: Bullets and Numbering Board of Health to submit a protocol for emission testingof f the proposed stack to the Salem Board of Health within 120 days of Facility startup to measure emissions of fine (PM2 sl and coarse (PMIb particulate matter usine USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 130 days after Facility start up. A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that Formatted: Font: (Default) Times - - - - New Roman, 12 pt, Not Bold, Font color: Auto 30. rAny waste materials delivered to.the Facility and tipped omthe receiving flooSof the Facility that are hazardous in nature shall be removed from the waste mass and stored in as cure container designed to handle such hazardous materials `The containers for hazardous materials shall be stored within the secure enclosure of the Facthtyyq, 31. All vehicles containinwaste that enter or exit the Facility must be covered with a canvas, tarpaulin or other equivalent method to�prevent waste from: bloivigg or, falling off the vehicles. All empty departing vehiclesthat delivered waste to the Facility must not allow residual waste materials from becoming a nuisance'condition'All potentiallyodiferous materials shall be delivered in sealed containers;--w.,,� '`*,,�,s ,^ 32. Theext rior of all waste vehicles, whether d livering or transporting waste from the Facility, shall be kept clean and free oPlitter and'debris. 33. The truck route for all (100%) of the c nsolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and tum left. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. . /- / 34. Closing documents fof the Residential property at One DiPietro Avenue, demonstrating that the Facility Operator has purchased and recorded said purchase at the registry of deeds shall be submitted to the Board prior to Facility start up. The Facility Operator4grees that the property shall never be used as an occupied residential dwelling, a licensed day care center, prison, health care _ _ _ facility, elementary school, middle school or high school, children's preschool, or senior center or youth center, excluding equipment storage or maintenance structures, for as Ione as the transfer station is in existence and operational. 35. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 Deleted: <p>The Faulty shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the pmpmM stack to the Salem Board of Health within 120 days of Facility star) up to measure emissions such as fine (PMrs) and coarse (PM o) odors, or other applicable emissions. The actual stack emission tat shall be conducted by the independent qualified consultant not later than 180 days after Facility start up. A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonshate that the actual stack emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Bite Assignment process than the Facility operator shall within 30 days present a plan to the Sal an Board of Health for review and apprord to add additional emissions controls to meet the modeled stack emissions. These additional controls shall be installed within 90 days of approval by the Salem Board of Health Deleted: deed shall note that for as long as the transfer station is in existence an Deleted: it operational that DHeted: ran appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BbH. 38. Traffic improvements recommended on Pages Assessment Study by Vanasse & Associatesdt assignment. These conditions generally in'elgc b.) re -timing of the study area signalized inter! signal operations; c.) pavement marking modi: Highland Ave; d) other operational improverm health recognizes that these improvements are All correspondence with MDOT`regardiiig,the � Board of Health. X°; .r, -30 of the December 2007 Traffic Impact and '.s herein incorporated as a condition of this site a.) traffic signal.retiming and lane use re -striping; ions as an improvement measure to optimize traffic tions at intersection "6f Swampscott Road and that be warranted. Salem Board of tject to the approval of the Massachusetts DOT. mo ovements shall be submitted to the Salem Page 5 of 5 Deleted: 11 FDrmatted: Left: 0.5", Right: 0.5", Tap: 0", Bottom: 0" Conditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health 1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and,7:00 Am toa�1:00 PM on Saturday for residential users- - - _ -__________________ ry Deleted: , excloning Federal holidays. 3. The Facilityshall accept a maximum annual tonna of 126 400 .. p ge 1�tons/yearofMunicipal -Solid Waste -- Deleted: 10,400 (MSW), Commercial Solid Wastes jQSWand Construction DemohtioJaDebrls_(C&D),with ad_aily ,,-Deleted:,(MSW shall hedefined mbe average of 400 tons/day an_ _d_a maximum of of 500 tons/dayTMThe_ maximum numb_e_r of vehicles inclusive of Municipal Solid Waste entering the transfer station facility (not includingresidential vehicles access to the leaf and yard - Deleted: (annnaur averages), waste and recyclables drop off facility).,on any one given day shall not exceed 115. 4. The Facility Operator shall employs Sid letentnumber of employees to properly monitor the operations and conduct load inspections. inconformity with7 the, applicable local, state and federal regulations. ,, .«' S, 5. The Facility 0 conspicuously ralid 24,hour-7 day per week emergency phone number for emergency conditions during both operating and non - 6. The Facility Operator shall conduct daily streetxsweeping of all paved surfaces on the site. h5 %a onduct routine litter control/policing and street sweeping along 7. The Facility Operator shall c Swampscott'Road from the intersection of Highland Road to First Street as necessary, and at a_ _ _ _ -i Deleted: Robinson Road minimum semi=monthly. 1, t 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the resnonsgActions to be taken in each situation: _ _ - Deleted: mmial a. Fire protection ----------------------------------------------------- b: Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a follow-up written report within - - - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly compromises the performance or ability of the Faci provide a follow-up written report within 14 calend 14. The Facility Operator shall post Anti -Idling signs and times of all diesel vehicles entering, exiting,:or,queuir applicable local, state or federal regulations; specifica 15 significant building damage that sin fugitive dust, noise or odors and he event. :riodicallyrr onitor and control the idling on site at adyrime in conformance with the X310 CMR 7.1 P �N& recvclables drop off facility. JIp waste may be handled or stored outside the enclosed receiving ..... , , - Deleted: - - ---------------------- Facility. '' "" f Deleted: N 16. Vehicular traffic enteri vehicles beyond or,oul any City streets, includ to prevent the queuing of ,s will not be allowed to queue on 17. On-site vehicles owned, operated and 'otherwise controlled by the Facility Operator, which may include but not be limitedto rolling on=site equipment, shall be retrofitted with after -market emission control kits that will further reduce4vehicle emissions. Any new vehicles acquired for use at the'site will be equipped with emissions controls that meet all current state and federal emissions requirements. 18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may include but not 'e limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after= market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired ftir.use at the site will be equipped with emissions controls that meet all current state and federal "emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of the Facility Operator by the City, such violators Deleted: r will be prohibited by Facility Operator from future use of the Facility._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _'rarmatted: Not Highlight IetM: shall ensure that engine 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict mpression bake will not be ut lam conformity with local, state and federal storm water requirements. any trucks utilaing the Facilitywithin nc mile adios enhe Facility. Page 2 of 5 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem -- Formatted: Bullets and Numbering Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels If dBA levels exceed a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below - ' -i K. 24. All free draining liquids within the Facility shall be�collected and stored within an on site water "tight tank", which Is to be*ermitted ttiiough the Salem Board,of Health and approved by the Massachusetts Department ofy}Environmen4Stal Protecti8r g 25. Prior to commencement -of operationns, the Facility must contract with a Massachusetts licensed professional pest control managemenT:firnm and provide the Salem Board of Health with a copy of the executed` contract. The contracted services shall include, but not be limited to, inspecting the site for vermin such as birds, rats,"and insects on;a',semi-monthly basis, (24 times per year) and the findingspresented in a.wcitten report, which shall be forwarded to the Salem Board of Health. Appropriate and timely" itigation`Tneasures shall be undertaken in the event vermin are identified at the Facility." ; `e* 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required�hyl the Massachusetts Building Code for ventilation and for control of odors generated within the'Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling systems) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non Page 3 of 5 Formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Deleted: <q>Thc Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up ofthe Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. If dba lavuls exceed a 5 dba increase the Facility sha i install noise attenuation features to reduce the exceedance to below a 5 chat increase within 330 days ofstartup ofthe Facility.' operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facility shall fund an independent qualified consultant selected and manaeed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PMS) and coarse (PMIo particulate matter using USEPA approved methods The actual stack emission test shall be conducted by the independent qualified consultant not later than 130 days after Facility start up A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up If the report does not demonstrate that copied to the Salem Board of Health. 30. Any waste materials delivered hazardous in nature shall be re to handle such hazardous mate the secure enclosure of the Fac 31. All vehicles or other equ departing ve becoming a 32. The exterior of al be kent,clean and �- - - - Formatted: Bulletsand Numbering Facilityand tipped: omthe receiving floor, of the Facility that are ,from the waste mass and stored in a secure container designed Htecontainers for hazardous materials shall be stored within exit the Facility mbs,,be covered with a canvas, tarpaulin :e fr'om-blowingor,falling off the vehicles. All empty heFacility must -not allow residual waste materials from ally odiferous materials shall be delivered in sealed or transporting waste from the Facility, shall 33. The truck route for all (100%h) of the'cohsolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and tum left. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable 34. 35. items. Formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Deleted: <q>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions such as fine (PM,,) and coarse (PMio) odors, or other applicable emissions. The actual stack emission test shall be conducted by the independent qualified consultant not later than 180 days after Facility start up. A wntme report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that the actual stack emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Site Assignment process than the Facility operator shall within 30 days present a plan to the Salem Board of Health for review and approval to add additional emissions controls to meet the modeled stack emissions. These additional controls shall be installed within 90 days Closing documents forrtlie Residential at One DiPietro Avenue, demonstrating that the ofapproral by the Salem Board of Heahh property Facility Operator has purchased and recorded said purchase at the registry of deeds shall be 9 J submitted to the Board prior to Facility start up. The Facility Operator,4grees that the property shall , - Deleted: peep anan nom mat for as long ever be used as an occupied residential dwelling, a licensed da care center, prison, health care as the o-ansferstation ism existence an facility, elementary school, middle school or high school, children's preschool, or senior center or Deleted: it operational that youth center, excluding equipment storage or maintenance structures, for as long as the transfer Deleted: can station is in existence and operational An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the.operation rates are higher than projected, the independent assessment shall provide an asse'ss'ment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages Assessment Study by Vanasse & Associates4i assignment. These conditions generally inclo( b.) re -timing of the study area signalized inter: signal operations; c.) pavement marking modi Highland Ave; d) other operational improvem� health recognizes that these improvements are All correspondence with MDOTiegardiiigthe Board of Health. '------------------- 30'of the'December 2007 Traffic Impact and s herein incorporated as a condition of this site a.) traffic sigmairetiming and lane use re -striping; ions as an improvement measure to optimize traffic tions at'the intersection of Swampscott Road and Athat "may `be warranted'The Salem Board of ject to the approval of the Massachusetts DOT. nwrovements shall be submitted to the Salem - �,nq'------------------------ oeleted:y h 9 Page 5 of 5 - - Formatted: Left: 0.5", Right: 0.5", Top: 0", Bottom: 0" Conditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health 1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure ' 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and,,7i00'Ain to,1:00 PM on Saturday for residential u$erSa------------------ - - - - -+ 't`-----_--_--_____________--- deleted:, excluding eederal holiaars. 3. The Facility shall accept a maximum annualtonnage of 126 400,tons/year of Municipal Solid Waste - Deleted: 10,400 (MSW), Commercial Solid Wastes tCSW and Construction Demolition, Debis_(C&_D),_withad_aily_-,- Deleted:,(Mswshallneder^edmne --------------- n inclusive of Municipal Solid Waste average of 400 tons/day and a maximum of SOO�tons/day The maximum number of vehicles -------- waste _ _ __ entering the transfer station facility (not including resfdenvehicles accessto the leaf and yard - - oeletm: (a^^a^nv ^�ageat, waste and recvclables drop off facifity),on any one given day shall not exceed 115. 4. The Facility Operator shall employ a,suffictenbnumber of employees to properly monitor the operations and conduct load inspections,in conformity with the,applicable local, state and federal re lations.''IR .'" t2 5. The Facility 0 conspicuously alid 24 hour -7 day -per week emergency phone number for emergency conditions during both operating and non - 6. The Facility Operator'shall conduct daily streepsweeping of all paved surfaces on the site. 7. The Facility Operator shall conduct routine litter control/policing and street sweeping along Swampsco " cad from the, intersection of Highland Road to First Street as necessaryzand at a . - Deleted: Robinson Read minimum sena=monthly. '�,I 8. The Facility Operator%shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the re5pons;actions to be taken in each situation: - - Deleted: mWW a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event witlyn 24 hours of the event and provide a_ fo_ll_ow_ _-u_p written report within _ _ - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly repairany significant building damage that compromises the performance or ability of the Facilitydo contain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days of the event. 14. The Facility Operator shall post Anti-ldhngg signs and periodically, nonitor and control the idling times of all diesel vehicles entering, exiting; or,,queuing on site at any,tiine in conformance with the applicable local, state or federal regulations,'specifically310 CMR 7.11'" „ 15 recvclables drop off fac�waste may be handled orstored outside the enclosed receiving Facility. 'iC\ 'royi�'�m ','"----------------------- a -, `< NI 16. Vehicular traffic entering or -exiting the Facility,shall be controlled to prevent the queuing of vehicles beyond; or outside the,"fence Iffic" ofthe'Facility�Vehicles will not be allowed to queue on any City streets, including Swampscott Road.+✓'' 17. On -site -vehicles owned; opeCeted.and'btherwise controlled by the Facility Operator, which may include but not be limited, rolling on=site,equipmerl shall be retrofitted with after -market eviission control kits that will further re filce,vehicle emissions. Any new vehicles acquired for use at the? site will be equipped with�cmissions controls that meet all current state and federal emissions 18. Transfer trucloi-owned, operated and otherwise controlled by the Facility Operator, which may include but not' be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after`- market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired ,tor'use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. Deleted: Deleted: N 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of (he FacilityOperator by the City, such violators Deleted: T will be prohibited by Facility Operator from future use of the Facility. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ` Formatted: Not Highlight Deleted: shall ensure that engine 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict compression brakes will not be utilized by any trucks utilizing the Facility within conformity with local, state and federal storm water requirements. a one mile radius of Facility. Page 2 of 5 22 24. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility �- - - - Formatted: Bulletsand Numbering noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above backwound levels. If dBA levels exceed a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below r___ _______ ____ _ ________________________ All free draining hgmds_withm the Facility shallle�collected Viand stored within anon site water "tight tank", which is to be -permitted through the Salem-Board.of Health and approved by the Massachusetts Deparfinent of Environmeii'tal Protection. �','%% 25. Prior to commencemen"4of opetations, the Facility must contract with a Massachusetts licensed professionalpestcontrol management,ftrm and provide the Salem Board of Health with a copy of the ex"ecuted,contract. The. contracted- services' shall include, but not be limited to, inspecting the site for vermin such asbirds, rats, and insects on,a semi-monthly basis, (24 times per year) and the tidings presented un a written report, which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified at the Facility. , �Ry�a„✓' 26. The Facility shall have an airhandling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within theFacility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)” to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non Page 3 of 5 Formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Formatted: Font: Bold Deleted: <q>The Facility shall fund an independent qualified consultant selected and amassed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submined tc the Salem Board of , Health within 240 days ofstartup ofthe Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. Ifdba levels exceed a 5 dba increase, the Facility shall install noise attenuation features to reduce the exceedance to below a 5 dba increase within 330 days of startup of the Facility.' operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testingof f the )proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PM. s) and coarse (PMI o particulate matter using USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 130 days after Facility start up A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up If the report does not demonstrate that copied to the Salem Board of Health. •- - - j Formatted: Bulletsand Numbering Formatted: Font: (Default)Times - - - -, New Roman, 12 pt, Not Bold, Font color: Auto 30. Any waste materials delivered tothe Facility and tipped bit he receiving floorof the Facility that are_- - - hazardous in nature shall be removed�from the waste mass and stored in a secure container designed to handle such hazardous materials';jhD 'containers for. hazardous materials shall be stored within the secure enclosure of the Facility ' wry ` i,.,"� q,,.'ta.. 31. All vehicles containing waste that enter or exit the Facility mustbe covered with a canvas, tarpaulin or other equivalent "methodto prevent waste from -blowing or, falling off the vehicles. All empty departing vehicles that delivereaiwaste tothe-Facility must'not allow residual waste materials from becoming a nuisance condition."All potentially odiferous materials shall be delivered in sealed 32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall bekent clean and freeof•litter 'and'debris. 33. The truck:rbute for all (100%6) of the c6nsolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and mm left. No Facility Operator controlled/owned'vehicles shall use First Street, unless collecting curbside trash and recyclable items. 34. Closing documents for the' Residential property at One DiPietro Avenue, demonstrating that the Facility Operator has purchased and recorded said purchase at the registry of deeds shall be submitted to the Board prior to Facility start up. The Facility Operator�Tgrees thattheproperty shall; ,never be used as an occupied residential dwelling, a licensed day care center, prison, health care facility, elementary school, middle school or high school, children's preschool, or senior center or youth center, excluding equipment storage or maintenance structures, for as long as the transfer station is in existence and operational. 35. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 Deleted: 0>The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to submit a protocol for emission testing ofthe proposed stack to the Salem Board of Health athin 120 days of Facility start up to measure emissions such az fine (PM,,,) and coarse (PM,,) odors, or other applicable emissions. The actual stock emission test shall be conducted by the independent qualified consultant not later than 180 days after Facility start up. A written mount ofthe emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that the actual stock emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Site Assignment process than the Facility operator shall within 30 days present a plan to the Salem Board of Health for review and approval to add additional emissions controls to meet the modeled stack emissions. These additional controls shall be installed within 90 days of approval by the Salem Board of Health D¢letetl: deed shall note that for az long as the transfer station is in once an Deleted: it operational that Deleted: can appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If theoperationrates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages Assessment Study by Vanasse & Associates it assignment. These conditions generally inelu( b.) re -timing of the study area signalized infep signal operations; c.) pavement marking modil Highland Ave; d) other operational improveml health recognizes that these improvements are All correspondence with MDOT'regarduig.the Board of Health. \\ "';;0 30'of the December 2007 Traffic Impact and `s herein incorporated as a condition of this site a.) traffic signal.ietiming and lane use re -striping; ions as an improvement measure to optimize traffic tions at'the intersection U Swampscott Road and that maybe warranted.. The Salem Board of Iject G—the approval of the Massachusetts DOT. mptovements shall be submitted to the Salem Page 5 of 5 Deleted: 11 9 9 Formatted: Left: 0.5", Right: 0.5", Top: 0", Bottom: 0" Conditions of Approval For the Minor Modification to the Site Assignment By The Salem Board of Health 1. With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure. ) 2. Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users andf7i00;Am to 1:00 PM on Saturday for residential Wit:. users , Deleted: ,excludingFNeral holidays. — - 3. The Facility shall accept a maximum annuidtc (MSW), Commercial Solid WastesCSW -and average of 400 tons/day,and a maximum of 50 entering the transfer station facility (not mclud waste and recvclables drop off facility),on any 4. The Facility Operator shall operations and conduct,loa regulations.,,, 5. The Facility Operator, shall maintain a valii conspicuously displayedat the. Facility for 6. The Facility Operator:sh11 conduct daily a mage of 126 400 tons/year of Municipal Solid Waste , - - Deleted: 10,400 ---------------_ Construction Demolitioh.Debris C&D -w-ith _ _ . - Deleted: , (MSW shall he defined to be _a _d_aily _ I to_ns/day ;The maximum number of vehicles inclasiw of Municipal Solid waare _ _ _ _ -"'— _ �`_ - ng""'iesddential vehicles access to the leaf and yard - Deleted: (annually avers rd s ). one,giiv,,e'n dday shall not exceed 115. numberof,employees to properly monitor the r.. . Forthdy with the•applicable local, state and federal week emergency phone number ins during both operating and non - of all paved surfaces on the site. 7. The Facility Operator shallconduet outine litter control/policing and street sweeping along Swampscott Road from theintersection of Highland Road to First Streel_ as necessary, and at a-------- Deleted: Robinson Road minimum semi=monthly. I 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M),Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the responseyactions to be taken in each situation: Deleted: m sial a. Fire protection ------------------------- b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility Page 1 of 5 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a follow-up written report within _ - - Deleted: 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup 13. The Facility Operator shall be required to promptly repair any significant building damage that compromises the performance or ability of the Facility.to,contain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days oftheevent. 14. The Facility Operator shall post Anti -Idling signs and periodically monitor and control the idling times of all diesel vehicles entering, exiting, or, queuing on site at any time in conformance with the applicable local, state or federal regulations specifically 310 CMR 7.1 l!"& 15 recyclables drop off facility. W wast'e'm_ay be handled or stored outside the enclosed receiving _ _ _ _ =- Deleted: Facility. `r - - - - - - - - - - - ---------- - Deleted: ry .. 16. Vehicular traffic entering or exiting the Facdity,shall be controlled to prevent the queuing of vehicles beyond`or,outside the*fence line of the Facilit Vehicles will not be allowed to queue on any City streets, Including Swampscott Road:'+" 17. On -site -vehicles owned, operatedand otherwise controlled by the Facility Operator, which may include but not -be limited to iolline onsite eouiofnent. shall be retrofitted with after -market emission control kits that will further reduce, vehicle emissions. Any new vehicles acquired for use at the -site will be euuipoed with emissions controls that meet all current state and federal emissions 18. Transfer true" owned, operated and otherwise controlled by the Facility Operator, which may include but notbelimited to' the trucks transferring consolidated waste materials off site, shall be retrofitted with after --market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired foruse at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are brought to the attention of the Facility Operators the City, such violators _ -- Deleted: T will be prohibited by Facility Operator from future use of the Facility., -- - - - - --- - ----- - - - -- Formatted: Not Highlight Deleted: shall ensure that engine 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict compression brakes will not be utilised by any trucks uhl W ng the Facility within conformity with local, state and federal storm water requirements. a one mile radius onhe Facility. Page 2 of 5 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem •-- - - Formatted: Bulletsand Numbering Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels If dBA levels exceed a 5 dBA increase the Facility shall install noise attenuation features to reduce the increase to below oucu owar auau uyl cncccu .pt Jyy -m N% -- - -- __ _______ 2.,. _ _____ _____ 24. All free draining liquids within the Facility shall be•collected and stored within an on site water "tight tank", which is to.be permitted through the Salem Boar'd,of Health and approved by the Massachusetts I)epartmenfof Environmental Protection;i,a 25. Prior to commencement -of operations, the Facility must contract with a Massachusetts licensed professional pest control mahagemenffirm and provide the Salem Board of Health with a copy of the executed -contract. The contracted seriflces`8hall include, but not be limited to, inspecting the site for vermin such as birds, rats and insects -on a semi-monthly basis, (24 times per year) and the findings presented in aWritten Tepop, which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation'measures shall be undertaken in the event vermin are identified at the Facilitv�%. °'N...'4 10, 26. The Facility shall have an airhandlingsystem capable of handling general air exchanges within the Facility, as required Eby the.Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. 27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non Page 3 of 5 Formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Formatted: Fant: Bold Deleted: <N>The Fac l ty shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within 180 days of start-up of the Facility. The noise evaluation study must be wbmined to the Salem Board of Health within 240 days of startup of the Facility. The noise evaluation shall demonstrate that increasel noise levels at up to three sensitive receptors are at or below a 5 dba increase above background levels. If dba levels exceed a 5 dba increase, the Facility shall install noise attenuation features to reduce the exeredance to below a 5 dba increase within 33o days of startup of the Facility.' operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. 29. The Facility shall fund an independent qualified consultant selected and manaeed by the Salem Board of Health to submit a protocol for emission testingof f the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions of fine (PM, 5) and coarse (PMIu particulate matter using USEPA approved methods. The actual stack emission test shall be conducted by the independent qualified consultant not later than 130 days after Facility start up A written report of the emissions testing results shall be submitted by independent qualified consultant copied to the Salem Board of Health. 30. Any waste materials delivered hazardous in nature shall be re to handle such hazardous mate the secure enclosure of the Fac 31. All vehicles conte or other equivalef departing vehicle becoming a nuisa containers , 32. Thexterior of at be kept -clean and 33. The tr onto c contrc items. 34. 35. •- - - - Formatted: Bulletsand Numbering _Facility and tipped on the receivmg'11oDr, of the Facility that are_, _- from the waste mass and stored in a secure container designed 114 containers frit hazardous materials shall be stored within that enter or exit the Facility must; be covered with a canvas, tarpaulin prevent waste from.blowing ori falling off the vehicles. All empty ed,waste to the Facility must not allow residual waste materials from ti. All potentiallyodiferous materials shall be delivered in sealed or transporting waste from the Facility, shall for all (100%) of the'cohsolidated waste materials leaving the Facility shall exit out tt Road utilizing the southernmost facility exit and tum left. No Facility Operator ;d vehicles shall use First Street, unless collecting curbside trash and recyclable Formatted: Font: (Default)Times New Roman, 12 pt, Not Bold, Font color: Auto Deleted: <p>The Facility shall Pond an independent qualified consultant selected and managed by the Salem Board of Health to cubo t a protocol for emission testing of the proposed stack to the Salem Board of Health within 120 days of Facility start up to measure emissions such re fine (PMss) and coarse (PMm) odors, or other applicable emissions. The actual stack emission test shall be conducted by the independent qualified consultant not later than 190 days after Facility start up. A written report of the emissions testing results shall be submitted by independent qualified consultant to the Board not later than 210 days after the Facility start up. If the report does not demonstrate that the actual stack emissions are not equal to or better than the modeling presented to the Salem Board of Health during the Site Assignment process than the Facility operator shall within 30 days present a plan to the Salem Board of" calth for review and approval to add additional emissions controls to meet the modeled stack emissions. These additional controls shall be installed within 90 days Closing,documents for the Residential property at One DiPietro Avenue, demonstrating that the of approval by the Salem Board of Health Facility Operator has purchased and recorded said purchase at the registry of deeds shall be l ¶ submitted to the Board prior to Facility start up. The Facility Operator qgrees that, the property shall - Deleted: a«a anau nae mat for as long be used as an occupied residential dwellin , a licensed da care center, prison, health care as the transfer station is m cs spoi a an ,never ----- p - g ---- Y----- ----------- - facility, elementary school, middle school or high school, children's preschool, or senior center or Deleted: d operational that youth center, excluding equipment storage or maintenance structures for as long as the transfer Deleted: can station is in existence and operational. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed Page 4 of 5 appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If tbe.operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages Assessment Study by Vanasse & Associatesl assignment. These conditions generally inclui b.) re -timing of the study area signalized inter: signal operations; c.) pavement marking moth. Highland Ave; d) other operational improvemi health recognizes that these improvements are All correspondence with MDOT regardingthe Board of Health. \ I's -------------------- 30''of the'Debember 2007 Traffic Impact and ,,.�. s herein incorporated as a condition of this site a.) traffic signal 'timing and lane use re -striping ions as an improvement measure to optimize traffic :ions at fhe intersection o1Swampscott Road and that may warranted.NThe Salem Board of sect to the approval of the Massachusetts DOT. mprovements shall be submitted to the Salem "' AN+ _ - Deleted: I IV 9 Page 5 of 5 1. ,Proposed Conditions of Approval the of Health: enclosed with all transfer operations occurring 2. Hours of operation shall be between 7:00 AM and and 7:00 AM to 1:00 PM on Saturday, excluding I 3. The Facility shall accept a maximum annual Municipal Solid Waste (MSW). Commerdi� Demolition Debris (9413 with a daily aver, and a maximum of 500 tons/day. 4. The Facility Operator shall employ a suf monitor the operations and conduct load local, state and federal regulations, 5. The Facility Operator shall in phone number conspicuously during both operating and nor shall be through Friday of 124 00,tons/year of .--- Formatted: Left: 1", Right: 1" Formatted: Font 16 pt, Bold - _-' Deleted: site Aulgnmeot _ Formatted: Centered Formatted: Font: 16 pt Bold Deleted: Holyoke ..\ Deleted: Formatted: Font: 16 in, Bold Formatted: Font: 16 pt, Bold Deleted: T Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: Indent: Left: 0.75", No 3%d Deleted: ) mber nuof employees Yo Deleted: d properly tiff tion in conformity with the applicable Formatted: Indent: Left: 0.75", No bullets or numbering « --- Formatted: Indent: Left: 0.77, NO hour Per week emergency bullets or numbering acility;for emergency conditions -- Deleted: in English and $punish �'- _-"-- Formatted: Indent: Left: 0.75", No 6. The Facility` .4 erator shall conduct daily street sweeping of all paved surfaces on the bullets or numbering site. {� a' e 7. The:'Facility O eYStb shall conBGctGioutine litter control/policing and sheet sweeping `along S ¢arnpso tt 11 ad,from the Intersection of Highland Roadie First Street as necessary, and:aa a mtn' nutn-semi-monthly, 8. The Facility ODMtor shall develop and provide the Salem Board of Health an Oparatlons and `Maintenance (O&M) Itlual for the Facility prior to commencement oper of ations thatOncorporates all of the Site Assignment conditions and is in accord'az'��with the applicable local, state and federal requirements 9. The Facili,y Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the remedial actions to be taken in each situation: a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable release to groundwater •_"--" Formatted: Indent Left: 0.75", No bullets or numbering Deleted: •••.• Deleted: the Salem- Swampscott corporate boundary Deleted:** Formatted: Indent: Left: 0.75", No Deleted: m Formatted: Indent: Left: 0.75", No bullets or numberino Deleted: <91 Deleted: both on and ofr-sitel Formatted: Font color: Auto Formatted: Indent: Left: 0.25", First line: 0.5", No bullets or «--- Formatted: No bullets or 10. The Facility shall notify the Salem Board of Health and the Department of numbering Environmental Protection of any emergency event with in 24 hours of the event and Formatted: indent: left: 0.75^, No provide afollow-up written report within 14 calendar days days of the event, or numbering Deleted: a 11. The Facili transfer don a shall be closed at all times exce t when transfer ' ' Deleted:; tract and rail ear, - -- - _._-._._._._... vehicles are Entering or exiting the building. , -,, Formatted: Font color: Auto ' Formatted: Font color: Auto 12. The visual, physical and structural condition of the Facility, shall be maintained in Deleted: a vehieidred ear is good condition at all times, Deleted: T deers shell also x �, equipped with full length plastic strips. 13. The Facility Operator shall be required to promptlyrepalr sny building damage that Formatted r compromises the performance or ability of the Facility to contain fugitive dust, noise Formatted z' Or odors, sg . Formatted 1nitor,and Deleted: Snell 14. The Facility Operator shall post Anti-Idlj 2 siens and neriodicall �,,,,a control the idling times of all diesel vehiclesenteringFexiting, or queuing on site at 4. Deleted: <9>0 any time in conformance with the applicabhKlbcal,#state or federal regulations, emight queuing= specifically 310 CMR 7.11, Deleted; mew Formatted: Font color: Auto FormattedFont Auto ...__. .. _..-.._�' - - ......_t ,.j . __ _ _c„' 15. o MSW may be handled outside the enclosed receivin Facili In the event an _ __- - - _.._. - .���.� color: .._...,. .. ._ wastes must be stored ovemigh[ the %411 be either storedinside within the enclosed Deleted: it Facility with all doors in the closed position or,,outside wlthm a -ti ht and water g Dolor' an <r �' x `ax : tight containers, rovided 1"e dgnoi create a nuisance eondrtion. Deleted: sealed rail ear - ._. 16. - Deleted: it Vehicular traff entenng or exltl the Facthty shall be controiled,to prevent the Deleted: es of queuing vehicles beyq`nd, or outsidet � fence line" of the Facility. Vehicles will Formatted be 6 not allowed;f!�queie:on;any City streets, including Swampscott Road; :? 3»q�� Deleted: grassing 17. i}( n-srt ehicclles owned operated and otherwise controlled by theFacilityOperator, Deleted: at all times which may include but not be limited to, rolling on-site equipment shall be Fametted retrofitted Af with after mar <e<emissi� Arol kits that will further reduce vehicle emissions, Deleted: v Anv new vehirl . ,aAY' rnnirPr�•t`nr me at the ota will hn rn nn�i with r I -I Deleted: that;nave all current emission controls., - Deleted: be equipped with Tiff Formatted 18. Trans fe"'trucks �o" ' ed, operated and otherwise controlled by the Facility Operator, — Formatted: Bullets and Num which rnayy-include but not be limited tgthe trucks,Jransferring consolidated waste Deleted;, materials offsite, shall, be retrofitted with after market emission control kits that will Deleted: mo-aasfer further reduce vehicle emissions. Any new vehicles aceuued for use at the site will Deleted: cote as wt tag ne be equipped with emission controls that have all current emission controls Deleted: <a>q 19. All onjoad vehicles, packers and dump trailers shal I use only}iltra low sulfur diesel Deleted` fuel. '__.... Deleted: cleaner f Formatted 20. The Facility Operator shall post siGns prohibiting the use of engine compression Doloted: i brakes brake y any trucks utilizing the Facility within one mile of the tacility, Deleted: shall not be used Deleted: f 21. Any storm water controls at the Facility shall be in strict conformity with local, state - - -- - I =-= Left: 0.75", No and federal storm water requirements. Formatted: Font mlor! Auto ------- Left: -O 75'. No 22.TheFacility shall maintain a minimum of three spill containment kits on site at all bullets or numbering - - " -- - -- ----------- - times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether Formatted: Font color: Auto inside or outside the Facility,Formatted: Font mlor: Auto 23. The Facility shall conduct a noise evaluation within 180 days of st Facility. The noise evaluation shall demonstrate that incrd'�Qalnoi three sensitive receptors are at or below a 5 dba increage'obove ba( dba levels exceed adhaincrease She Facility shalPl4sQ.,noise to Deduce the exceedance to below a 5 dba increX 24. All free draining liquids within the Facilitnls 'all b * collected an .. .......... . site water "tight tank", which is to be permitted through the Salem V., and approved by the Massachusetts Department of Environmental 25. Prior to commencement of opei Massachusetts licensed profAs Salem Board of Health with ac shall include, but not be limited and insects on a semi-monthly I a written report, which shall be and timely mitirati&oqnj;measures at the Facility. 26. The Facility gfg I h -ave -k exchanges witinth6:F3xc A ' T AE a Vrj3 , ITO have ONMI d for n 1 e capability of' the event at'Odors beco 4%X�m — systemti shall be capable o d Ring periods ofloperatit: "M 0 0 trolmhenrl� the air F---------i ormatted f xt-up of the ;e levels atuoto Deleted: adherame to the EWI karound levels_ If Deleted: predict ` m ttenuation features ...... -------- Deleted: ed levels 7Delebed: the satisfaction of di to Y theaxoe Deleted: medy the excecdance. tbred within an on ft s, the Facilit" ,y -must contract with a - --- ------ .... 11"_1 -1 ... ........... . - � � � 1-1 ....... pest control management firm and provide the of the executedcUtract., The contracted services ispecting the site fdr�verrnin such as birds, rats, 9n,11W (241. - I- X. - times,p, er ye@r-)'and the findings presented in A., 1W Vildd to then,6� ,Salern Board of Health. Appropriate '0W be undertak6n in the event vermin are identified Building Code for Deleted: OA designated re. - Deleted: <#>I Formatted Deleted: two (2) utdclactid Deleted: ent Deleted: a: (1) one system to Deleted: c Deleted: the intended use Deleted: , (2) the second air I Deleted: f Deleted: econd air handling a Deleted: remotely Deleted: an, discovered to be Deleted: a hours. The air handling l Formatted: Font color: Auto thin the enclosed- -building Deleted: is .... ........ risidered to be adequate Auto g normally during --t Formatted: Font witor: Auto i Deleted:.e,ov 27. The Facililyraiir handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" 19 control dust and odors ..... - .......... .. I ­ ......... within the Facility enclosure, as may be requi-r-ed,.. The dust and odor -control .-systern shall b ave ability to control dust and odor during all seasonal and/or weather conditions. Formatted: Font Won Auto Formatted ..( 2=2 Deleted: that utibus best avai(23 Deleted: at all tones Deleted: Deleted: be capable of Formatted: Font color. Auto Formatted: Font w1or; Auto ItImnattiod f 29. A protocol for emission testing at up submitted within 120 days of Facility P dZair articulate matte The ac conducted not later than 180 days Bill 011 Facility that are hazardous in nature shall be r in a secure container designed to handle such hazardous materials shall be stored within the All vehicles containing waste that enter or .......- canvas, tarpaulin or other equivalent meth( off the vehicles. All empty departing vehi must not allow residual waste materialsfri 32. The exterior of all waste vehicles, whether 33. 34. to or . receiving floor of the waste mass and stored ils. The containers for of the Facility. ity`must be covered with a waste from blowing or falling ered was't'e -to the Facility a nuisance co idition. All the fullidoiitrohof"the property shall be submitted to the Board '' . f aflme of a City of Salem Board of Health shall have the ril _._. -__-____........__...._....__....___....___... inspections of the Yp cility during operatinghours or at any opriate by the Salem Board of Health for the purposes of with the final aDDroved conditions_ 36. All corresp d6nce submitted to the MassE)EP shall _be -copied to_ the -Salem Board Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownershipr- 37.___.The FacilitX Operatortshall provide an independent assessment ofthe traffic .. — generation trips within six months of the Facility being fully operational The independent monitoring program shall count the site generated traffic for at least t rates are Formatted Deleted: emissions such as . Farmatted Deleted: The Facility shall d Formatted Deleted: 4>No solid waste Formatted: Bullets and NL Deleted: depart Deleted: All potrneally add Fom tted Deleted: removing ... Facilit Formatted Formatted: Bullets and Nt Deleted: dedicated Deleted: preferred Deleted: e...xit lea on to ... Deleted: •••• Deleted: AD ... f...not ... to Formatted Deleted: s Deleted: y Deleted: saaaaa* Formatted Deleted: Dipei.... ... e ... f Fomtatted Deleted: T ... L.site assign t Deleted: g Deleted: <#>I Formatted Formatted Formatted Deleted: q Formatted f �c» Formatted Formatted r Deleted: 42.T Formatted (... ' r567 Deleted: proponent Fomtatted ...f 881 Deleted:f Formatted... r591 Deleted: to laccomoared to independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH, Deleted: Formatted: Font color: Blue 38. Traffic improvements recommended on pages 28-30 of the December 2007 TrafficFormatted: rodent: teR: o.ss^ Impact and Assessment Study by Vanasse & Associates Inc. is herein incorporated as w Formatted: Bullets and Numbering .........1:a:.... ..f �L:.. ...�.. ...........�....� TL...... ....�J:a:..�.. .- SII.. :--t.-J �. � \ T Formatted: Font color: Blue c .._..... ...-____- ___—___ _. __ -.. .. - Deleted: .1 9 2. 4. I)Riq r T' Proposed Site Assignment Conditions • - - - by the Sale Board of Health: •---------------------------------- The Facility shall be completely encIose with 11 Vansfer operations occurring within the buildingenclosurc&y__L�, __�)ii� Z � vim_ _ a_ Ot t ' Deleted: (s) Formatted: Indent: left: 0.75", No Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday bullets or numbering and 7:00.AM to_L00_EM on Saturdav excludin�Gederal-hrdizinvq---------� - ) a i'29 DLOTv,�� The FaCdity ep a maximum a ua tonnage o ons year of Municipal Solid Waste (MSW) with a daily average of 400 tons/day (annually averaged), and a maximum of 500 tons/day C Sa ' 0,0 Z 1 2-v ? Vtl A4G - The Facility shall employ a sufficient number of employees to properly monitor the operations and conduct load inspections in conformity with the applicable local, state and federal regulations 5. The Facility shall maintain a valid 24 how -7 day per week emergency phone number conspicuously displayed at the Facility for emergency conditions during both operating and non-operating hours in English and Spanish Formatted: Indent: Lek: 0.75", No • bullets or numbering - - - Formatted: Indent: Lek: 0.75", No bullets or numbering •-- Formatted:Indent LeR: 0.75", No bullets or numbering .--- Formatted: Indent Lek: 0.75", No 6. The Facility shall conduct daily street sweeping of all paved surfaces on the site. bullets or numbering •--- Formatted: Indent: Lek: 0.75", No 7. The Facility shall conduct routine litter control/policing and street sweeping along bullets or numbering Swampscott Road from the intersection of Highland Roadto the Salem- Swampscott_ _ _ _ - Deleted: ••••• ----- -- ---- corporate boundarytas necessary, and at a minimum semi-monthly Deleted: ••••• •--- Formatted: Indent: Left: 0.75", No 8. The Facility shall develop and provide the Salem Board of Health an Operations and bullets or numbering Maintenance (O&M) manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements •--- Formatted: indent: Left: 0.75", No 9. The Facility shall develop and provide the Salem Board of Health an Emergency bullets or numbering Response Plan prior to commencement of operations that addresses the following emergencies and describes the remedial actions to be taken in each situation: a. Fire protection b. Loss of electricity c. Equipment failure d. Reportable release to vaeter_J N 7 � �W ' Formatted: Font color: Hato e. Vehicular accidents related to the Facility both on and off-site Formatted: Indent: Lek: 0.75", No 10. The Facility shall notify the Salem Board of Health and the Department of • bulle s or numbering Environmental Protection of any emergency event with in 24 hours of the event and provide a follow-up written report within 14 calendar days of the event •- - - Formatted: Indent: Left: 0.75", No 11. The Facilit transfe-r door�' --- p Awa truck and rail car, shall be closed at all times except bullets or numbering Yom- ----- - --------- when a vehicle/rail car is entering or exiting the building. The doors shall also be Formatted: Font color: Auto equipped with full length plastic strips. Formatted: Font color: Auto •--- Formatted: indent: Left: 0.75", No 12. The visual, physical and structural condition of the Facility shall be maintained in bullets or numbering good condition at all times •--- Formatted: Indent: Left: 0.75", No 13. The Facility Operator shall be required to promptly repair any building damage that bullets or numbering compromises the performance or ability of the Facility to contain fugitive dust, noise or odors •--- Formatted:Indent: Left: 0.75", No 14. The Facility shall monitor and control the idling times of all diesel vehicles entering, bullets or numbering exiting, or queuing on site at any time in conformance with the applicable local, state or federal regulations, specifically 310 CMR 7.11 • - Formatted: Indent: Left: 0.75", No 15. Overnight queuingof trucks or containerscontainin MSW waste outside the Facilit bullets or numbering will not be allowed under any circumstances Formatted: Font color: Auto -11F matted: Indent: Left: 0.75", No 16. No MSW may be handled outside the enclosed receiving Facility. In the eventPAS W bullets or numbering waste must be stored overnight, it shall be either stored inside within the enclosed Formatted: Font color: Auto Facility with all doors in the closed position, or outside within an air -tight and water- Tier 4 type engines tight sealed rail car container provided it does not create a nuisance condition •--- Formatted: Indent: Left: 0.75", No 17. Vehicular traffic entering or egressing the Facility shall be controlled at all times to bullets or numbering prevent the queuing of vehicles beyond, or outside the "fence line" of the Facility. Vehicles will not be allowed to queue on any City streets, including Swampscott Rd • --- Formatted: Indent: Left: 0.75", Na 18. Vehicles owned, operated and otherwise controlled by the Facility Operator, which bullets or numbering may include but not be limited to, rolling on-site equipment shall be equipped with Tier 4 type engines •--- Formatted:indent: Left: 0.75", No 19. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, bullet or numbering which may include but not be limited to, the trucks to transfer consolidated waste materials off site shall meet current engine manufacturers criteria. (or ...... All facility equipment shall be CNG, 1 NG, or liquid petroleum gas equipment). •--- Formatted: indent: Left: 0.75", No 20. For all on road vehicles packers and dump trailers use only cleaner ultra low sulfur bullets or numbering diesel fuel. • - Formatted: Indent: LeR: 0.75", No 21. J brakes shall not be used by any trucks utilizing the Facility within one mile of the bullets or numbering facility •-- Formatted: Indent: Left: 0.75", No 22. Any storm water controls at the Facility shall be in strict conformity with local, state bullets or numbering and federal storm water requirements., .Formatted: Font color: Auto •--- Formatted: indent: Left: 0.75", No bullets or numbering 23. Tfte Facility shall maintain a minimum of three Will containment kits on site at_all all - - - Formatted: Font color: Auto ---------------- -------------- times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility Formatted: Font color: Auto •'-- Formatted: Indent: Left: 0.75", No 24. The Facility shall conduct a noise evaluation within 180 days of start-up of the bullets or numbering Facility. The noise evaluation shall demonstrate adherence to the predicted sound levels in the Noise Impact Assessment Study dated March 21, 2008. If dba levels exceed predicted levels the Facility shall install noise attenuation features to the satisfaction of the Salem Board of Health to remedy the exceedance. Formatted: Indent: Left: 0.75", No 25. A des'gated respo ible Facilit employee ust be o ite over eeing operations 4 bullets or numbering wlaeuevet r tT�Fality is o ed fo ail car rem I. •-- I Formatted:Indent: Left: 0.75", No 26. All free draining liquids within the Facility shall be collected and stored within an on bullets or numbering site water "tight tank", which is to be permitted through the Salem Board of Health and approved by the Massachusetts Department of Environmental Protection 27. Prior to commencement of operations, the Facility must contract with a Massachusetts licensed professional pest control management firm and provide the Salem Board of Health with a copy of the executed contract. The contracted services shall include, but not be limited to, inspecting the site for vermin such as birds, rats, and insects on a semi-monthly basis, (24 times per year) and the findings presented in a written report, which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation shall be undertaken in the event vermin are identified at the Facility •--- Formatted: Indent: Left: 0.75", No 28. The Facility shall have two (2) independent air handling systems: (1) one system to bullets or numbering handle general air exchanges within the Facility as required by the Massachusetts Building Code for the intended use, (2) the second air handling system is to control, filter and treat odors within the facility. The second air handling system for odor control shall have the capability of being operated remotely in the event that odors are discovered to be an issue during non -working hours. The air handling systems shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure is considered to be adequate when the air handling------ Formatted: Font color: Auto - ---- --- systems are functioning properly during operational hours. •--- Formatted: indent: Left: 0.75", No 29. The Facility air handling system(s) shall be operated in such a manner as to render the bullets or numbering Facility in conformity with all applicable local, state and federal requirements �--- Formatb_d:Indent Lek: 0.75", No 30. The Facility shall contain a "misting/deodorizing system(s)" that utilizes best bullets or numbering available control technology (SACT) to control dust and odors within the Facility enclosure at all times. The dust and odor control system shall be capable of full operation during any weather conditions experienced by the facility. Full operation- {Formatted: Font color: Auto means that the system has the ability to control dust and odor during all seasonal and/or weather conditions. • - - - Formatted: Indent: Left: 0.75", No bullets or numbering 31. A protocol for emission testing of the proposed stack shall be submitted within 120 days of Facility commencement to measure air emissions such as particulate matter, odors, or other applicable emissions. The actual stack emission test shall be conducted not later than 180 days of the Facility commencement. A written report demonstrating that actual stack emissions are equal to or better than the modeling presented within the Site Suitability Report, the written report shall be provided to the Board not later than 210 days after the Facility commencement 32. The Facility shall develop and incorporate in to the Operations and Maintenance plan fugitive dust/odor control protocols during the periods when the Facility opened 33. Waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 34. No solid waste materials will be allowed to be stored within the Facility over night. 35. All vehicles containing waste that enter or depart the Facility must be covered with a canvas, tarpaulin or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty departing vehicles that delivered waste to the Facility must not allow residual waste materials from becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. 36. The exterior of all waste vehicles whether delivering or removing waste from the Facility shall be kept clean and free of litter and debris Formatted: Indent: Lek: 0.75", No bullets or numbering -- Formatted: In en - Len: bullets ar numbering •--- Formatted: Indent: Lek: 0.75", No bullets or numbering •--- Formatted: indent: Left: 0.75", N� bullets or numbering 37. The dedicatedhuck route for all (100%) of the consolidated waste materials leaving _ • _ the Facility shall exit left on to Swampscott Road, turn left at the lights onto Highland Roadsand exit the City_ All facility controlled/owned vehicles shall not use 1" street unless collectins curbside trash. c___________________________________________________________- 38. Closing documents for the One Dipeitro Ave property demonstrating that the Facility retains full control of the property shall be submitted to the Board prior to facility start up. Formatted: Indent: Left: 0.75", No bullets or numbering Deleted: preferred Deleted: •1•1 Formatted: Superscript Deleted: ••••••• Formatted: Indent: Left: 0.75", No bullets or numberina •-- Formatted: indent: Left: 0.75", No 39. The City of Salem Board of Health shall have the right to perform unscheduled bullets or numbering inspections of the facility during operating hours or at any other time deemed appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved site assignment conditions ----------------------- 40. All correspondence submitted to the MDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownershi--------- 41. Traffic improvements recommended on pages 28-30 of the December 2007 Traffic ^. _ - Deleted: 41. Impact and Assessment Study by Vanasse & Associates Inc. is herein incorporated as Formatted: Numbered + Level: 1 + a condition of this site assignment. These conditions generally include: a.) traffic Numbering Style: 1, 2, 3, ... + Start signal retimin and lane use restri n . retmn ofe studyarea signalized g ib p g )iig thi lid g at: 1 +Alignment: Left + Aligned at: 0.25" +Tab after: 0.75" +Indent intersections as an improvement measure to optimize traffic signal operations. c) Pavement marking modifications at the intersection of Swampscott Road and Deleted: Highland Avenue. d) Convert the Swampscott Road northbound roadway movement from one exclusive left turn -lane and one right -tum lane to one shared left-turn/right- turn lane and one exclusive right -turn lane. In addition, signal heads and timings shall be modified if necessary to accommodate any lane reconfigurations ------------ Formatted: Font color. Auto • -- -{ Formatted: Indent: Left: 0.75" 42�The proponent shall provide an independent assessment of the traffic_generation trips Deleted: 42. T within six months of the facility being fully operation. The independent monitoring Formatted: Numbered + Level: 1 + program shall count the site generated traffic for at least three days to be compared to Numbering Style: 1, 2, 3, ... + Start the projections. If the operation rates are higher than projected, the independent at: 1 + Alignment: Left + Aligned at 0.25" + Tab after: 0.75" + Indent assessment shall provide an assessment of the traffic impacts and recommend at 0.75" additional mitigation to the Salem BOH.. •--- Formatted: indent: Left: LS" - - - Formatted: Indent: Left: 0.75" Conditions of Approval ~ Formatted: Lea: 0.5", Right 0.5", Bottom: 0" For the Minor Modification to the Site Assignment By The Salem Board of Health 1 With the exception of the residential drop-off area, the Facility shall be completely enclosed with all transfer operations occurring within the building enclosure. �J Hours of operation shall be between 7:00 AM and 5:00 PM, Monday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercial users and 7::'0700 Am toY 11:00 PM on Saturday for residential users„ excluding Fede_al holidays, V4j C( 3. 1 The Facility shall accept a maximum annual tonnage of 126 40040 400 tons/year of Municipal Solid �.J Waste (MSW), , Commercial Solid Wastes(CSW) and Construction Demolition Debris (C&D), with a daily average of 400 tons/day (annually -averaged), and a maximum of 500 tons/day. The maximum number of vehicles entering the transfer station facility (not including residential vehicles access to the leaf and yard waste and recvclables drop off facility) on any one given day shall not exceed 115. The Facility Operator shall employ a sufficient number of employees to properly monitor the operations and conduct load inspections in conformity with the applicable local, state and federal regulations. DThe Facility Operator shall maintain a valid 24 hour -7 day per week emergency phone number conspicuously displayed at the Facility for emergency conditions during both operating and non- operating hours, posted inboth English and Spanish. The Facility Operator shall cond net daily street sweeping of all paved surfaces on the site. The Facility Operator shall conduct routine litter controupol=g and street sweeping along o I Swampscott Road from the intersection of Highland Road nst Street a -Read, as necessary, and at a minimum semi-monthly. �8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and �J Maintenance (0&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. OThe Facility Operator shall develop and provide the Salem Board of Health an Emergency Response P ctor to commencement of operations that addresses the following emergencies and describes e resoonse+riedial actions to be taken in each situation: Fife..Protec�ion b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) Page 1 of 6 e. Vehicular accidents related to access into and/or egress from the Facility 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event with -in 24 hours of the event and provide a follow-up written report within 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. i 12. The visual, physical and structural condition of the Facility and grounds shall be maintained in good condition at all times. The Facility Operator shall submit a landscaping plan to the Salem Board of Health for review and approval and shall complete the landscaping plantings prior to facility startup QZThe Facility Operator shall be required to promptly repair any significant building damage that compromises the performance or ability of the Facility to contain fugitive dust, noise or odors and provide a follow-up written report within 14 calendar days of the event. 14. The Facility Operator shall post Anti -Idling signs and periodically monitor and control the idling times of all diesel vehicles entering, exiting, or queuing on site at any time in conformance with the applicable local, state or federal regulations, specifically 310 CMR 7.11. recyclables drop off facility. -nNo waste may be handled or stored outside the enclosed receiving Facility. v017i VtNjl \J"; 16. Vehicular traffic entering or exiting the Facility shall be controlled to prevent the queuing of vehicles beyond, or outside the "fence line" of the Facility. Vehicles will not be allowed to queue on any City streets, including Swampscott Road... 07 On-site vehicles owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to, rolling on-site equipment, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 18 Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. X20,) The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If repeated violations are broueht to the attention of tThe Facility Operator by the City, such violators Page 2 of 6 Formatted: Not fthllaht D21 Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict conformity with local, state and federal storm water requirements. 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic Fluids from a vehicle whether inside or outside the Facility a 5 dBA increase. the Facility shall install noise attenuation features to reduce the increase to below, a 5 dBA increase within 330 days of startup of the Facility. •------ i Formatted: Bullets and Numbering Formatted: Font: (Default) Times New Roman, 12 x, Not Bold, Font color: Auto comparison will be the L90 as defined in the MA DEP Noise Policy 90-001 [f the testing shows that background sound levels are lower than those in the 2008 study, then compliance will be deemed to be achieved if the "Proiect-only' sound levels are no higher than those modeled in Table 5 of the March 21, 2008 sound study report as Ione the Noise Policy is still achieved The cost for such study shal I not exceed $7.500 _ _ _ _ Formatted: Font: Bold O] The Fact shallindependent qualified 6 eeit ulta ....... t selected and aged L.J the Salem ______._____• Board of Health to eenimenee a noose evaluation thin 180 days of staA up of the Faeility. Th noise evaluation study must be submiand to thP SAIRM ABOA af Health siithin 240 days of staFaip of the Facility. The noise evaluation shall deaneastFale. that inemased noise Isvels at . - sensitive FeeepteFs are at oF b�Jav, a S dhn 6 a snease above baelEgfe and level s. if dba levels exeeed _B A. e dhn:............e..'.hill 330 days of st...e. of the Fae:l`t. L2 All free draining liquids within the Facility shall be collected and stored within an on site water "tight tank", which is to be permitted through the Salem Board of Health and approved by the Massachusetts Department of Environmental Protection. 25. Prior to commencement of operations, the Facility must contract with a Massachusetts licensed professional pest control management firm and provide the Salem Board of Health with a copy of the executed contract. The contracted services shall include, but not be limited to, inspecting the site for vermin such as birds, rats, and insects on a semi-monthly basis, (24 times per year) and the findings presented in a written report, which shall be forwarded to the Salem Board of Health. Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified at the Facility. / 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. Page 3 of 6 The air handling system shabe capable of creating a negative pressure within the enclosed building during periods of operation. it., pressure will be considered to be adequate for odor control when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in conformity with all applicable local, state and federal requirements 28. The Facility shall contain a "misting/deodorizing system(s)" to control dust and odors within the Facility enclosure at all times during operational hours, and as may be required during non operational hours. The dust and odor control system shall have the ability to control dust and odor during all seasonal and/or weather conditions. •------ j Formatted: Bullets and Numbering compliance with all applicable air quality standards The application and Air Plan Approval shall be copied to the Salem Board of Health The study shall include stack emissions testing during active transfer station o2erations with the________ -: — Formatted: Font: (petawq rmes New Roman, ventilation system in normal operation The cost for such stack testine shall not exceed $ 7,500. tz pt, Not Bpm, Font colo.: onto modeled stack emission-. Thesp, additional controls ghn" be installed vVithin 90 days of appFeval b�, the Salem Bemd of! leaM 30. Any waste materials delivered to the Facility and tipped on the receiving Floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 3 /. All vehicles containing waste that enter or exit the Facility must be covered with a canvas, tarpaulin or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty Page 4 of 6 departing vehicles that delivered waste to the Facility must not allow residual waste materials from becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall be kept clean and free of litter and debris. The truck route for all (100%) of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and tum left. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. 34. Closing documents for the Residential property at One DiPietro Avenue, demonstrating that the Facility Operator has purchased and recorded said purchase at the registry of deeds shall be submitted to the Board prior to Facility start up. The Facility Operator deed shall rnote than oras long as the tFansfef station is in existence a agrees that € d- operational thaE the property shall can never be used as an occupied residential dwelling, a licensed day care center, prison, health care facility, elementary school, middle school or high school, children's preschool, or senior center or youth center, excluding equipment storage or maintenance structures, for as Ione as the transfer station is in existence and operational.'�a�\� 35. An authorized representative of the City of Salem Board of Health shall have the right to perform unscheduled inspections of the Facility during operating hours or at any other time deemed appropriate by the Salem Board of Health for the purposes of confirming compliance with the final approved conditions. 36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health, including but not limited to: reports, correspondence, records, notices, contracts, agreements, permit modifications, and change in operators/ownership 37. The Facility Operator shall provide an independent assessment of the traffic generation trips within six months of the Facility being fully operational. The independent monitoring program shall count the site generated traffic for at least three days for comparison with the projections discussed at the November 24, 2009 continuance of the public hearing. If the operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation measures to the Salem BOH. 38. Traffic improvements recommended on Pages 28-30 of the December 2007 Traffic Impact and Assessment Study by Vanasse & Associates Inc. is herein incorporated as a condition of this site assignment. These conditions generally include: a.) traffic signal retiming and lane use re -striping; b.) re -timing of the study area signalized intersections as an improvement measure to optimize traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott Road and Highland Ave; d) other operational improvements that may be warranted. The Salem Board of health recognizes that these improvements are subject to the approval of the Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be submitted to the Salem Board of Health. Page 5 of 6 A� Page 6 of 6 Conditions of Approval Forthe Minor Modification to the Site Assignment By The Salem Board of Health These Conditions shall be strictly enforced, and violations of them shall be grounds for the impositions of fines, temporary shut downs, or rescission of this site assignment fqg closure of the facility. 1. With the exception of the residential drop-off ¢IjH$acility shall be completely enclosed with all transfer operations occurring within the build' c me. 2. Hours of operation shall be between 7:00 AMRhd 5:00 PM,'" t day through Friday and 7:00 AM to 10:00 AM on Saturday for Com t%1qublic users and 7:00 to 1:00 PM on Saturday for residential users, excluding the holidaysin NCI's existing I with the City of Salem. The residential drop off facility shall be open ll all operaours. 3. The Facility shall accept ajaljj�. annuat e of 124,800 to /year of Municipal Solid Waste (MSW), Commercial Sg(CSW) an , nstruction Demolition Debris (C&D), with a daily average of 400 tons/dm �i99hn, of 500 day. The maximum number of vehicles enterin the transfer tion t mciil reside vehicles access to the leaf and and waste and rocyclalt daff facility's ., any'.-1f�n day ta11 not exceed 115. y 4. The Facility C operations and )eV of employees to properly monitor the with the applicable local, state and federal 5. Facility Op shall! ntam a'bf{ir 24 hour -7 day per week emergency phone number w cuously disp at th dity for emergency conditions during both operating and non - opera hihours, poste oth E and Spanish. 6. The Facilit46prator shal �.nduct daily street sweeping of all paved surfaces on the site. 7. The Facility OpF1lI conduct routine litter control/policing and street sweeping along Swampscott Road a intersection of Highland ve to First Street, as necessary, and at a - ueJeted: Rout minimum semi -month . 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (0&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the response actions to be taken in each situation: a. Fire protection Page 1 of 6 b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility 11, 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a follow-up written report within 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 111 12. The visual, physical and structural condition of the,,1 and grounds shall be maintained in good condition at all times. The Facility Operator shaj�Jt# ilandscaping plan to the Salem Board of Health for review and approval and shall comntet a Ian yMing plantings prior to facility startup 13. The Facility Operator shall be required �[iromptly repair anyl ' ificant building damage that compromises the performance or ability a Facility to contain ive dust, noise or odors and provide a follow-up written report within 1 INIppdai c(qj of the eve lll, 14. The Facility Operator shall p { Idling sigRAI periodically monit6r and control the idling nter times of all diesel vehicles et or queu site at any time in conformance with the applicable local, state oCC��r federal �iatp�ecificall� CMR 7.11. 15. Except for the o���pp}} �tF a busineS a ''sRR1l') I� ne hb Debris covered container, and the leaf yard wast�t r&s drop jjy}jtty, o �e may be handled or stored outside the enclosed receivI (Facility. �, 11 16. City shall be controlled to prevent the queuing of Facility. Vehicles will not be allowed to queue 17. On-sitqj hicles owner erateFC(;+►1d otherwise controlled by the Facility Operator, which may include of be limi to, rol g on-site equipment, shall be retrofitted with after -market emission I kits that further reduce vehicle emissions. Any new vehicles acquired for use at the site roil quippe ith emissions controls that meet all current state and federal emissions requirements.�,�,�) 18. Transfer rocks own operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after -market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on -road vehicles, packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If Page 2 of 6 repeated violations are brought to the attention of the Facility Operator by the City, such violators will be prohibited by Facility Operator from future use of the Facility. 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict conformity with local, state and federal storm water requirements. 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels, oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation with' 1;10�� days of start-up of the Facility. The noise evaluation study must be submitted to the Sale ktd of Health within 240 days of startup of the Facility. The noise evaluation shall demon hat increased noise levels at u to three sensitive receptors are at or below a 5 dBA incread�� ckground levels. If dBA levels exceed a 5 dBA increase, the Facility shall install no' a nuatio stores to reduce the increase to below a 5 dBA increase within 330 days of startuRl(�I�tie Facility. The study shall include baseline and noistff to sensitive receptors. Every attempt shou compliance testing within asAde e a per receptors would include Locati G, 2008. Sound testing will be 1-ni comparison will be the L90 as t r° that background so !'evels are r tl deemed to be ach' Project " 5 of the March 08 s study re such study shall kceed P0. 24. All itoring measurementg up to three locations, closest made ttld;�lconduct th6 ated baseline and source s"practicable. Ijese nearest residential t/o� t din the original sound study conducted in at eac tion. The sound level metric used for the vIA DE se Policy 90-001. If the testing shows 5gin ti��08 study, then compliance will be O,, are 'higher than those modeled in Table ng Ut }ase Policy is still achieved. The cost for be collected and stored within an on site water e Salem Board of Health and approved by the 25. Prior' t1 ommencem,'A f operA s, the Facility must contract with a Massachusetts licensed professi est control nagem 3 firm and provide the Salem Board of Health with a copy of the execu tract. contracted services shall include, but not be limited to, inspecting the site for vermi h as bi 9} rats, and insects on a semi-monthly basis, (24 times per year) and the findings present 1 sten report, which shall be forwarded to the Salem Board of Health. Appropriate and tirt tigation measures shall be undertaken in the event vermin are identified at the Facility. 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non -working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. The Facility operator shall notify the Board in writing if the misting system ventilation system or any tipping floor door is out Page 3 of 6 1 of service for more than 24 hours. Such notice shall be delivered to the Board the same day as such event and shall include the reason for the equipment being out of service, the repairs required and the expected time to put the equipment back in service. In such event, the Facility Operator shall promptly place such equipment back into service and at a minimum comply with the following additional conditions: Doors: The Facility Operator shall keep out of service doors closed until repaired; Ventilation System: The Facility Operator shall increase the flow through the misting system during periods when the ventilation system is out of service. The Facility Operator shall put the ventilation system back in service within 36 hours of the notice to the ppa�rd. If the ventilation system is not put back in service within 36 hours all incoming waste shi §4 spended until the ventilation system is back in service. ti Misting System: The Facility Operator shall dMer metllq of watering down the waste such as hand held hoses when the misting system IN of service. l e Facility Operator shall put the misting system back in service within 3� s of the notice to Oil card. If the misting system is not put back in service within 36 hours ncoming waste shalli tuspended until the misting system is back in service. I�IIIII l ��,'ll��tII'I�i 27. The Facility air handling syst4 d all (be oper such a manner as to render the Facility in conformity with all applicable IIj J�q d federa �uirements. 28. The Facility shall elppJpy� dor ned ¢Jizing' r in t1 ting system to effectively neutralize any odors exitin f1PP¢¢�1''kk3l�tWWii (�1i11' �� ���) 11!11! �Ii 29. The Facility sh� d an pendent�fied consu� E t selected and managed by the Salem Board of Health to � it a col for a ion testing of the proposed stack to the Salem Board of H n 12 t start to measure emissions of fine (PM2.5) and coarse A atte g USE) ro methods. The actual stack emission test shall be cted by the! end alified'cltant not later than 180 days after Facility start up. A p,report of the sion 'ng results shall be submitted by independent qualified consultant to the � d not later 210 fter the Facility start up. If the report does not demonstrate that the �I stack emi ns (Ib multiplied by the maximum hours of operation are not less than one t r year, within 30 days apply to the MassDEP for an Air Plan Approval, including a B vailab ontrol Technology (BACT) analysis and air dispersion modeling to demonstrate co all applicable air quality standards. The application and Air Plan Approval shall be _ to the Salem Board of Health. The study shall include stack emissions testing during active fer station operations with the ventilation system in normal operation. The cost for such stack testing shall not exceed $ 7,500. 30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facil„y that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas, tarpaulin or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty departing vehicles that delivered waste to the Facility must not allow residual waste materials from Page 4 of 6 becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. 32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall be kept clean and free of litter and debris. 33. The truck route for all (100%) of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and turn left. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. 34. Closing documents for the Residential property at Facility Operator has purchased and recorded sat t submitted to the Board prior to Facility start up.,' station is in existence and operational th roper residential dwelling, a licensed day care , prison, middle school or high school, childrer( school, or equipment storage or maintenance struct 11 35. An authorized representative q he City of S unscheduled inspections of {� lity during tii appropriate by the Salem Boar ~ ,fiir the p approved conditions. {� tli111h,_ 1 36. All corresponde IRIFtt�(tted to including but ited ta,t rl modifications, change in. n 'o Avenue, demonstrating that the at the registry of deeds shall be note that for as long as the transfer II never be used as an occupied t care facility, elementary school, Qcgter or youth center, excluding f Health shallinpe the right to perform hours or at any other time deemed of confirming compliance with the final Pled to the Salem Board of Health, notices, contracts, agreements, permit 37. The F"generate eratoili50kast 91441 mdep�j pnt assessment of the traffic generation trips within th full io ! The independent monitoring program shall count tI{g three °ya for comparison with the projections discussed at the Ndr 24, 200931 tinu of the public hearing. If the operation rates are higher than projel the indepe rise t shall provide an assessment of the traffic impacts and o5m,tt additional rat ation m ures to the Salem BOH. 38. Traffic impronts r ended on Pages 28-30 of the December 2007 Traffic Impact and Assessment Stu se &Associates Inc. is herein incorporated as a condition of this site assignment. These ons generally include: a.) traffic signal retiming and lane use re -striping; b.) re -timing of the dy area signalized intersections as an improvement measure to optimize traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott Road and Highland Ave; d) other operational improvements that may be warranted. The Salem Board of health recognizes that these improvements are subject to the approval of the Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be submitted to the Salem Board of Health. 39. The Facility Operator shall pay the actual expenses up to $20,000 per year (adjusted annually on the anniversary of this agreement by the Brockton Boston Nashua CPI -U) into a revolving fund controlled by the Board to hire a qualified environmental scientist or engineer to inspect the construction and operations at the facility, to review the records of operation and to evaluate Page 5 of 6 compliance with local state and federal laws and regulations and with the terms and conditions of all environmental permits inclusive of this site assignment. The scientist or engineer may take measurements of ambient air at the property line for the purpose of determining compliance with the allowable ambient levels to particulate matter known as PM2.5 and PMio, noise levels at sensitive receptors, traffic counts or other measurements as deemed appropriate. The City will provide the Facility Operator with copies of all results of such inspections and measurements within ten (10) business days of receipt. 40. The Facility Operator shall study the First Street and Swampscott Road intersection to determine if a traffic signal is warranted. The study shall also examine the lights at Traders Way and Highland Ave. The Facility Operator shall fund an independent qued consultant selected and managed by the Salem Board of Health to peer review the study.�§V traffic signal is warranted at the First 41. 42. Street and Swampscott Road then the Facility Ope'rI{ all design, and permit the new signals and also fund up to $200,000 to construct the new sigp4iI {h, I t t and any of its heirs, successors, :s L the it of Transportation records and perform Page 6 of 6 Q HIMBERLEY DRISCOLL MAYOR DAVID GRf:EiNBAUM ACrING HI ALTELA(;FNT CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4" FLOOR TEL. (978) 741-1800 FAX (978) 745-0343 DGRr•.DNBA U M(2SALF,M.COM City of Salem, Massachusetts Board of Health Notice of Board of Health Decision for the Modification to Site Assignment for Swampscott Road Transfer Station In accordance with Massachusetts General Laws, Chapter 111, Sections 150A and 150A Vz and the regulations promulgated thereunder, 310 CMR 16.00 "Site Assignment Regulations for Solid Waste Facilities," an application for a minor modification to an existing site assignment was filed with the Salem Board of Health for the solid waste transfer station located at 12 Swampscott Road in Salem. The purpose of the requested modification to the site assignment was to allow an increase in the allowable solid waste handling capacity of the transfer station from 100 to 400 tons per day. The area under consideration is approximately 9.2 acres and will be used in part for a transfer station that will accept construction and demolition debris, municipal solid waste, and commercial solid waste. Hours of operation are proposed to be from 7:OOA.M. To 5:OOP.M, Monday through Friday and 8:OOAM to I O:00AM for commercial use and 8:OOAM to 1:00PM for residential use on Saturday. The applicant and proponent of the modification is Northside Carting, Inc., 210 Holt Road in North Andover, MA, which is currently operating an existing transfer station at the location of the proposed expanded operation. A Public hearing on the Modification to Site Assignment application was held at 120 Washington Street, 3`d Floor on, November 10 and November 24, 2009 at 7P.M. On December 15, 2009 the Salem Board of Health voted 4 in favor and 2 opposed the chair abstaining as is customary except to break a tie, to approve with conditions the application for a Minor Modification to Site Assignment for the Swampscott Road Transfer Station. A copy this decision is on file at the Board of Health office located at 120 Washington. Street, 4d' Floor, Salem, MA 01070. Any person aggrieved by the decision of the Board of Health may, within 30 days of publication of this Notice of Decision appeal under the provisions of M.G.L. c.30A, § 14.