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DEP CORRESPONDENCE RE: TRANSFER STATIONi Page 1 of 1 Joanne Scott From: Beth Rennard Sent: Monday, October 01, 2007 9:43 AM To: Joanne Scott Subject: TRANSFER STATION Follow Up Flag: Follow up Flag Status: Red Attachments: Transfer Station Code Review.doc Joanne, here are my notes from our conversation with DEP. After our conversation, I called allan hanscom from Beta regarding MEPA process. Alan said he has already started the process and MEPA said that they will come out for a site visit and then open the process up for public comment period. The Board of Health will get notice and then members can send in there concerns/questions. MEPA will, if necessary, request reports or studies from the applicant and then they will issue a report to the City. From our conversation with DEP and Beta, that is where and how we should address the air quality concerns. Thoughts? Beth Elizabeth Rennard, Esq. City Solicitor City Hall 93 Washington Street Salem, MA 01970 978-619-5631 978-744-1279 (fax) 10/2/2007 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities Part L• Procedures for Submission & Review of Site Assignment Part II: Board of Health Public Hearings Part III: Application Fee Part IV: Site Suitability Criteria 16.21: Alternative Use of Assigned Site (3) Specific Use Site Assignment. Where a site is assigned for a specific solid waste purpose, a different solid waste activity shall not be conducted at the site except in accordance with a new or modified site assignment, except as allowed at 310 CMR 16.21(3)(a) or (b): (b) Handling Facility at a Closed or Inactive Landfill or Combustion Facility Site. A site which has been assigned for use as a landfill or combustion facility which has been closed or is in the process of imminently closing shall not require a new or modified site assignment to obtain an approval for the storage, transfer or processing of solid waste when: 1. the facility does not receive solid waste in excess of the tonnage limits stated in the site assignment for landfilling, or combustion or processing; • Because there was no tonnage stated in the original 1960 assignment, then there is a need for a "new or modified" site assignment? DEP limited tonnage to 100 ton per day. DEP has determined that this is a minor modification. 16.22: Modifications to and Rescissions and Suspensions of Site Assignments (3) Minor Modifications to Site Assignments at the Request of the Facility Owner or Operator. Any request to modify a site assignment that is not subject to 310 CMR 16.22(1) or (2), including any request to modify conditions established by the Board of Health in the site assignment, or to increase daily or annual tonnage limits, except as specified at 310 CMR 16.22(4), are deemed to be "Minor Modifications." The Board of Health may modify a site assignment to address a minor modification, at the request of the facility owner or operator, without requiring the filing of a new application by the applicant or site suitability report by the Department, provided the Board of Health provides public notice and holds a public hearing in accordance with the requirements of 310 CMR 16.00 prior to deciding on the minor modification. • This is a Minor Modification because it is an increase in daily or annual tonnage? Yes, but the DEP won't give a report. • The Board of Health may modify site assignment without requiring application or site suitability report from the Department, at the request of the applicant, but most provide public notice and hold public hearing. Does this mean that we could require application fee and department review? No 16.08 refers to a site suitability for new site or expansion - 16.30 applies here. BOH wants to do more than is required, but technically cannot require it 16.08 (5) (d) Massachusetts Environmental Policy Act (MEPA). 1. The application shall include a demonstration that: a. the MEPA process does not apply; or' b. the MEPA process does apply and the Secretary has determined that an EIR is required; or c. the MEPA process has already been completed and the Secretary has issued a certificate or a determination that no FIR is required. 2. The first Technical Review Period (TRI) as specified under the Timely Action and Fee Provisions Regulations, 310 CMR 4.00, shall not be completed until the Secretary's final certificate has been issued. 16.22 (5) MEPA Review. Any modifications to the site assignment may require the filing of a Notice of Project Change pursuant to 310 CMR 11. 10, MEPA Regulations. Should a Notice of Project Change be required the applicant shall comply with 310 CMR 16.08(5)(d) prior to submitting a new site assignment application. • Has MEPA been involved? Is there an EIR? MEPA will be involved and will determine what if any reports or studies are to be done. 16.30: Fees (1) Application Fees (a) General. The Application Fee is a fee which is paid by an applicant to the board of health. The board of health may use the fee for eligible costs of reviewing technical data, obtaining technical assistance and conducting a public hearing. The Application Fee shall be assessed as two separate fees: 1. Technical Fee (technical review and technical assistance); and 2. Public Hearing Fee (cost of notice, recording, HO's duties, facilities). • Technical Fee assessed upon receipt of application? NO • Used for reviewing application Suitability Report, MDPH's response, public comments?NO • Confusion between (2) (c) 3. c., "determining what other data should be obtained, the means to obtain it and its potential significance. And 4., Excluded costs, "...otherwise generating new data, or performing independent analyses of environmental impacts Public Hearing Fee assessed upon receipt of Department Report?NO 16.40: Site Suitability Criteria • Impacts of closed landfill o nresidential well water will be evaluated by DEP? • Impacts of Solid Waste Handling Faciltiy on residential well water will be evaluated by DEP? (4) General Site Suitability Criteria (b) Traffic and Access to the Site. No site shall be determined to be suitable or be assigned as a solid waste management facility where traffic impacts from the facility operation would constitute a danger to the public health, safety, or the environment taking into consideration the following factors: 1. traffic congestion; 2. pedestrian and vehicular safety; 3. road configurations; 4. alternate routes; and 5. vehicle emissions • How is this evaluated? Can new data be generated modeling what is likely to be the traffic impact from this facility vs. what potentially could be placed on this property? DON'T NEED TO DO ANY OF THESE TESTS — APPLYING STANDARDS FOR NEW SITE ONLY NEED TO HOLD A PUBLIC HEARING — NOT FORMAL PROCESS AS DESCRIBED FOR NEW SITE 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities Part I: Procedures for Submission & Review of Site Assignment Part 11: Board of Health Public Hearings Part III: Application Fee Part IV: Site Suitability Criteria 16.21: Alternative Use of Assigned Site (3) Specific Use Site Assignment. Where a site is assigned for a specific solid waste purpose, a different solid waste activity shall not be conducted at the site except in accordance with a new or modified site assignment, except as allowed at 310 CMR 16.21(3)(a) or (b): (b) Handling Facility at a Closed or Inactive Landfill or Combustion Facility Site. A site which has been assigned for use as a landfill or combustion facility which has been closed or is in the process of imminently closing shall not require a new or modified site assignment to obtain an approval for the storage, transfer or processing of solid waste when: 1. the facility does not receive solid waste in excess of the tonnage limits stated in the site assignment for landfilling, or combustion or processing; • Because there was no tonnage stated in the original 1960 assignment, then there is a need for a "new or modified" site assignment? 16.22: Modifications to and Rescissions and Suspensions of Site Assignments (3) Minor Modifications to Site Assignments at the Request of the Facility Owner or Operator. Any request to modify a site assignment that is not subject to 310 CMR 16.22(1) or (2), including any request to modify conditions established by the Board of Health in the site assignment, or to increase daily or annual tonnage limits, except as specified at 310 CMR 16.22(4), are deemed to be "Minor Modifications." The Board of Health may modify a site assignment to address a minor modification, at the request of the facility owner or operator, without requiring the filing of a new application by the applicant or site suitability report by the Department, provided the Board of Health provides public notice and holds a public hearing in accordance with the requirements of 310 CMR 16.00 prior to deciding on the minor modification. • This is a Minor Modification because it is an increase in daily or annual tonnage? The Board of Health may modify site assignment without requiring application or site suitability report from the Department, at the request of the applicant, but most provide public notice and hold public hearing. Does this mean that we could require application fee and department review? 16.08 (5) (d) Massachusetts Environmental Policy Act (MEPA). 1. The application shall include a demonstration that: a. the MEPA process does not apply; or b. the MEPA process does apply and the Secretary has determined that an EIR is required; or c. the MEPA process has already been completed and the Secretary has issued a certificate or a determination that no FIR is required. 2. The first Technical Review Period (TRI) as specified under the Timely Action and Fee Provisions Regulations, 310 CMR 4. 00, shall not be completed until the Secretary's final certificate has been issued. 16.22 (5) MEPA Review. Any modifications to the site assignment may require the filing of a Notice of Project Change pursuant to 310 CMR 11. 10, MEPA Regulations. Should a Notice of Project Change be required the applicant shall comply with 310 CMR 16.08(5)(d) prior to submitting a new site assignment application. • Has MEPA been involved? Is there an EIR? 16.30: Fees (1) Application Fees (a) General. The Application Fee is a fee which is paid by an applicant to the board of health. The board of health may use the fee for eligible costs of reviewing technical data, obtaining technical assistance and conducting a public hearing. The Application Fee shall be assessed as two separate fees: 1. Technical Fee (technical review and technical assistance); and 2. Public Hearing Fee (cost of notice, recording, HO's duties, facilities). • Technical Fee assessed upon receipt of application? • Used for reviewing application Suitability Report, MDPH's response, public comments? • Confusion between (2) (c) 3. c., "determining what other data should be obtained, the means to obtain it and its potential significance. And 4., Excluded costs, "...otherwise generating new data, or performing independent analyses of environmental impacts • Public Hearing Fee assessed upon receipt of Department Report? 16.40: Site Suitability Criteria • Impacts of closed landfill o presidential well water will be evaluated by DEP? • Impacts of Solid Waste Handling Facildy on residential well water will be evaluated by DEP? (4) General Site Suitability Criteria (b) Traffic and Access to the Site. No site shall be determined to be suitable or be assigned as a solid waste management facility where traffic impacts from the facility operation would constitute a danger to the public health, safety, or the environment taking into consideration the following factors: 1. traffic congestion; 2. pedestrian and vehicular safety; 3. road configurations; 4. alternate routes; and 5. vehicle emissions • How is this evaluated? Can new data be generated modeling what is likely to be the traffic impact from this facility vs. what potentially could be placed on this property? r 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities Part I: Procedures for Submission & Review of Site Assignment Part II: Board of Health Public Hearings Part III: Application Fee Part IV: Site Suitability Criteria 16.08: Site Assignment Application Submission Requirements (1) General. Any person wishing to establish a new facility at a New Site or to Expand a Site onto an area not previously assigned must file a Site Assignment Application (application) with the board of health and provide copies as specified at 310 CMR 16.08(2). • Is an application required for this process? • Does the 10% increase in the footprint require an application? • Since we do not have original info on the site assignment should application/forms be submitted for this "defining" of the 1960 assignment? • Filing the application allows assessment of a Technical Fee as seen below. 16.30: continued (2) (b) Assessment of Fee. P. 592 1. Assessment. The board of health, upon the receipt of an application, may assess by a written notice to the applicant a Technical Fee for said application not to exceed the maximum amount set forth in 310 CMR 16.99. 2. Form of Payment. The board shall prescribe the amount of the fee and the manner of payment in writing to the applicant within ten days of the filing of the application in accordance with 310 CMR 16.08. 16.08 (5) (d) Massachusetts Environmental Policy Act (MEPA). 1. The application shall include a demonstration that: a. the MEPA process does not apply; or b. the MEPA process does apply and the Secretary has determined that an EIR is required; or a. the MEPA process has already been completed and the Secretary has issued a certificate or a determination that no FIR is required. 2. The first Technical Review Period (TRI) as specified under the Timely Action and Fee Provisions Regulations, 310 CMR 4.00, shall not be completed until the Secretary's final certificate has been issued. 0 Has MEPA been involved? Is there an EIR? According to 16.17, the MDPH reviews the application within 60 days of the start of the review period. 16.21: Alternative Use of Assigned Site (3) Specific Use Site Assignment. Where a site is assigned for a specific solid waste purpose, a different solid waste activity shall not be conducted at the site except in accordance with a new or modified site assignment, except as allowed at 310 CMR 16.21(3)(a) or (b): (b) Handling Facility at a Closed or Inactive Landfill or Combustion Facility Site. A site which has been assigned for use as a landfill or combustion facility which has been closed or is in the process of imminently closing shall not require a new or modified site assignment to obtain an approval for the storage, transfer or processing of solid waste when: 1. the facility does not receive solid waste in excess of the tonnage limits stated in the site assignment for landfilling, or combustion or processing; • Because there was no tonnage stated in the original 1960 assignment, then there is a need for a "new or modified" site assignment? 16.22: Modifications to and Rescissions and Suspensions of Site Assignments (3) Minor Modifications to Site Assignments at the Request of the Facility Owner or Operator. Any request to modify a site assignment that is not subject to 310 CMR 16.22(1) or (2), including any request to modify conditions established by the Board of Health in the site assignment, or to increase daily or annual tonnage limits, except as specified at 310 CMR 16.22(4), are deemed to be "Minor Modifications." The Board of Health may modify a site assignment to address a minor modification, at the request of the facility owner or operator, without requiring the filing of a new application by the applicant or site suitability report by the Department, provided the Board of Health provides public notice and holds a public hearing in accordance with the requirements of 310 CMR 16.00 prior to deciding on the minor modification. It does require a new or modified site assignment because it was originally assigned as an incinerator (now closed) but the daily tonnage will be in excess of the tonnage limits stated in the site assignment for combustion, since there were no limits stated at that time (1960) This is a Minor Modification because it is an increase in daily or annual tonnage. The Board of Health may modify site assignment without requiring application or site suitability report from the Department but most provide public notice and hold public hearing. Does this mean that we could require application fee and department review? Page 1 of 1 Beth Rennard From: Carrigan, John (DEP) [John.Carrigan@state. ma. us] Sent: Tuesday, September 11, 2007 1:46 PM To: Beth Rennard Subject: Closure of Salem Landfill Beth: This email follow-up our telephone conversation earlier today regarding the closure of the Salem Landfill. As you know in March 2006, at the request of Mayor Driscoll, myself and other representatives of the Department met with Mayor Driscoll, you and other representatives of the City to discuss completion of the closure of the Salem Landfill. At the meeting the City indicated it was moving forward with an RFP for the sale of property and that this process would be completed by early to mid -2007. At the time of the meeting the City was in noncompliance with the timeframes for completing the closure of the landfill. Since the final design of the landfill closure could be impacted by the final post -closure use and vice versa the Department agreed to allow the City to complete the RFP process before taking action on the closure. It is my understanding that the City has received two RFPs for the continued use of the site as a solid waste transfer station and that one proposal has been selected. As a result, as previously discussed, the Department anticipates the City and selected proponent will move forward with the closure of the landfill. This will require modification of the existing Administrative Consent Order to establish a new schedule for the required activities. The schedule will be based on a reasonable timeframe for completion of the required design and construction activities. Should the City elect not to proceed as discussed at our March 2006 meeting or should the City and the proponent fail to provide the Department with an acceptable schedule for completion of the closure, the Department will take the necessary actions to ensure the prompt closure of the landfill. These actions may include without limitation, enforcement of the schedule in the existing Administrative Consent Order. Regards, JohnC John A. Carrigan, Chief Solid Waste Management Section Bureau of Waste Prevention Northeast Regional Office Massachusetts Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 Phone: (978) 694-3299 Fax: (978) 694-3499 For Intra -Agency Discussion Only 9/11/2007 Transfer Station Joanne Scott From: Joanne Scott Sent: Thursday, April 26, 2007 2:17 PM To: 'Carrigan, John (DEP)'; Beth Rennard Subject: RE: Transfer Station OK John. Thank you for the correction. Joanne -----Original Message ----- From: Carrigan, John (DEP)[mailto:John.Carrigan@state.ma.us] Sent: Thursday, April 26, 2007 1:38 PM To: Joanne Scott; Beth Rennard Cc: Carrigan, John (DEP) Subject: RE: Transfer Station Page 1 of 2 With regards to the last bullet I estimate the permitting and construction could take a year or more depending on the proposed structure and the adequacy of the application. The current fee regulations provide a timeframe of 105 days for a decision on an authorization to construct a large facility, provided their are no deficiencies in the application. Assuming it would take 6 months to construct the facility a year would seem to be a reasonable estimate. JohnC John A. Carrigan, Chief Solid Waste Management Section Bureau of Waste Prevention Northeast Regional Office Massachusetts Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 Phone: (978) 694-3299 Fax: (978) 694-3499 For Intra -Agency Discussion Only From: Joanne Scott [mailto:JScott@salem.com] Sent: Thursday, April 26, 2007 1:13 PM To: Beth Rennard Cc: Carrigan, John (DEP) Subject: Transfer Station Dear Beth: I had a conversation with John Carrigan from the DEP Solid Waste Division, regarding the proposed increase of tonnage at the Transfer Station. 7/26/2007 Jbanne Scott From: Joanne Scott Sent: Thursday, April 26, 2007 1:13 PM To: Beth Rennard Cc: 'John. Carrigan@state.ma.us' Subject: Transfer Station Dear Beth I had a conversation with John Carrigan from the DEP Solid Waste Division, regarding the proposed increase of tonnage at the Transfer Station. The following is a summary of that conversation: • The Site Assignment area needs to be clear. The best solution is to find the document referenced in the BOH minutes, that is the J.L. Hayden Associates, Inc Report which references "Area 8." • If that document cannot be found, then the BOH must make a reasonable determination of what was meant in the original assignment, with your input as City Solicitor, and describe it. • As long as the new owner's proposal for increase in tonnage takes place within the area assigned by the BOH, the new owner may apply for a "minor" modification that would require a public notice and hearing by the Board of Health, in accordance with 310 CMR 16.22 (3) • The BOH should include its description of the Site Assignment in this public hearing process • The BOH could approve the increase in tonnage with conditions such as, "This approval is contingent upon subsequent approval by the DEP" and ..."upon construction of a new structure." • The new owner must notify the DEP of the change in ownership, regardless of whether the tonnage is increased or not. • Once the BOH has approved the increase as described above, the new owner must apply to the DEP for an "Authorization to Construct a Large Facility." That permitting process through the DEP could take one year or longer. Mr. Carrigan wanted to make it very clear that the landfill needs to be "closed" in accordance with the existing ACO as soon as possible regardless of the sale or increase in tonnage. As a party to the ACO, the City is "on the hook." I will see you this afternoon. Sincerely, Joanne MITT ROMNEY Governor . ,. f .:': . : KERRY HEALEY . .'lieutenant Governor . Bruce Thlbodeau l 20 20 - City of Salem _. Department of Public Works 120 Washington Street Salem, MA 01970 RE: SALEM - Solid Waste Salem Landfill Corrective Actions Alternatives Analysis Conditional Approval File # W062414 Facility # 39974 Dear Mr. Thibodeaux The Metropolitan Boston)Northeast Region of. the:Department.of Environmental Protection, Dlvmon+of - Solid Waste Management has received your application for approval of the Corrective Action Alternatives Analysis (CAAA) for closure of the Salem Landfill, Swampscott'Road,'Salem, Massachusetts (BWP SW 24 Corrective Action Alternative Analysis, Transmittal Number W062414). The application was prepared onyour:behali by BETA Group, Inc., Norwood, Massachusetts. The recommended alternative provides for. I'. Demolition of the existing transferstation;(former incinerator) and replacement with a new structure designed foruse as a transfer station. 2. Excavation of construction & demolition waste from the culverted crossing offoresfRiver with reconstruction of the culvert and crossing. C&D materials are to be disposed of within the existing landfill. 3. Excavation of waste (ash and MSW)4mm along Forest River with relocation of the waste to _ within the existing landfill. The finished slope along Forest.River will be graded at:a:slope of . . 3 horizontal to 1 vertical (3:1, a 33% grade). 4. Construction of a new retaining wall in the vicinity of the existing transfer station (incinerator) building to facilitate relocation.ofthe waste materials (ash, MSW and C&D) while retaining the. necessary separation.of grades between the front.and rear of the .new transfer station building. 5. Capping of the waste materials with:a flexible membrane mer (FML) cap 6. The finished grade of the capped landfill will have a minimum,gradient of 5%. 7. Construction of a new salt shed west of Forest River. This information is available In alternate format Call Donald M. Games, ADA Coordinator, at 1.617-556-1057. TDD Servles-1-800.298-2207. Io Floor, One Winter Street; Boston, MA 02108• Phone (617) 6546500 • Fax (617) 656-1049 • TDD # (800) ZB-2207 DEP on the Word Wide Web: http://�.state.ma.us/dep L Printed on Recycled Paper Salem Salem Landfill Corrective Action Alternative Analysis Conditional Approval Page 2 As described in the application, the C&D materials from the demolition of the existing transfer station (incinerator) building will be used as backfill for the building foundation. The Department concurs that the C&D materials - both from demolition of the existing building and from relocation of materials from the culvert area - may be used to backfill the building foundation hole and re -grade the area around the existing foundation. The application proposes to effect the use of the C&D debris as backfill pursuant to a Beneficial Use Determination (a BUD, 310 CMR 19.060). The Department has determined that a BUD is not the appropriate mechanism for the effecting the use of the C&D as proposed by this project. In consideration of the origin and character of the C&D debris, the debris must be placed as part of the waste materials in the landfill, and the landfill cap extended to include the transfer station foundation. The Department will entertain disposal of the C&D materials in this manner as an integral component of the site remediation and landfill closure design. Based on the site use history and the soil conditions identified by the Comprehensive Site Assessment (CSA), the Department has determined that the construction of the salt shed does not require Department approval. The Department approves the CAAA and concurs with the selection of Option 4 for the design of closure of the landfill subject to the following conditions: 1. The closure design shall: Extend the limits of the cap to cover the C&D waste materials. In accomplishing this extension of the cap, either the FML may be extended under the new building with the FML and related layers designed to accommodate the loads, or the building foundation shall be integrated into the impervious layer of the cap. b. Design the new building foundation to protect the building and its occupants from explosive gases. 2. The Corrective Action Design (CAD, i.e. the closure plans) application shall be signed by the appropriate official of the City of Salem Reports, plans, etc., shall be signed and sealed by the engineer of record. Each shall include certification pursuant to 310 CMR 19.011, as required. 3. The Department reserves the right to amend, modify, suspend or revoke this approval as necessary to protect the public health, safety or the environment, or as otherwise necessary to insure compliance with applicable law and/or regulation. 4. The City shall obtain and comply with the requirements of all applicable state, federal and local laws, regulations, and permits. Concurrently with submitting the CAD application the City shall submit documentation that the applications for such other permits and approvals as may be required have been applied for. 5. In consideration of the commercial operating nature of the transfer station by Northside Carting Inc. and the interdependence of the reconstruction of the transfer station on the corrective action design, the Departmenfs review of the CAD shall not be subject to the exemption from application fees granted to municipalities. The application shall be subject to payment of the applicable fees for privately owned/operated facilities as established at 310 CMR 4.00. 6. The Department reserves the option to require Northside Carting, Inc. to obtain a permit, issued to Northside Carting, Inc., for future operation of the facility, and/or otherwise pay an annual compliance fee as applicable to privately operated facilities. s1£50412amdoc - - 04/12/05 Salem Page 3 Salem Landfill . Corrective Action Alternative Analysis - - Conditional Approval NOTICE OF RIGHT TO APPEAL The City of Salem (the City") is hereby notified that it may within twenty-one (21) days file.a request that this , decision be deemed a provisional decision under 310. CMR 19.037(4)(b), by submitting a written statement of the basis ' on which the City believes it is aggrieved, together with any supporting materials. Upon timely filing of such a request the decision shall be deemed a provisional decision with an effective date twenty-one (21) days after the Departments - receipt of the request Such a request shall reopen the administrative record, and the Department may rescind, - supplement, modify, or reaffirm its decision. Failure by the City to exercise the right provided in this section shall constitute a waiver of the City's right to appeal. AAuoeal. Any person aggrieved by the issuance of this decision, except as provided for under -310 CMR - 19.037(4)(b), may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. c. 11;1, s.150A, and M.G.L. c. 30A, not later than thirty (30) days following the receipt of the final decision.. The stmMing of a . person to file an appeal and the procedures for filing such appeal shall be governed by the provisions of M.G.L. c..30A. Unless the person requesting an appeal requests and is granted a stay of the terns and conditions of the decision by a court of competent jurisdiction, the decision shall remain effective. Notice of Action. Any aggrieved person intending to appeal this decision to the Superior Court shall first: provide notice to the Department of their intention to commence such action. Said notice of intention shall include the Department file number and shall identify with particularity the issues and reasons why it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which processed the application. The appropriate addresses to which to send such notices are: General Counsel Department of Environmental Protection One Winter Street - 3rd Floor Boston, MA 02108 Regional Director Department of Environmental Protection NERO One Winter Street - 5" Floor Boston, MA 02106 No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in those regulations, provided that a matter may be raised upon, a showing that it is material and that it was not reasonablypossible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the environmental impact of the permitted activity. The Department reminds you that pursuant to the Administrative Consent Order (ACOP -NE -01-4005), the City was required to complete closure of the landfill by November 1, 2004. On October 28, 2004 the Department forwarded to the City; via your consultant, BETA Group; an agreement for extension of the ACOP. to November 1, 2005 for completion of the closure of the landfill. The City has not executed that extension. The Department will entertain discussion to reasonable extension of the ACOP deadlines. However, it is necessary that the City submit, within twenty-one (21) days of this notice, to the Department a schedule for completion of the project design (the Corrective Action Design [CAD]) and construction of the landfill closure: sff50412aw.doc - 04/12/05 Salem Sa1Bm Landfill Corrective Action Alternative Analysis Conditional Approval Page 4 Should you have any questions concerning this matter, please contact David Adams at 617 -654 -6677 - sincerely, David C. Adams Environmental Engineer Solid Waste Management JAC/DCA/dca enclosure: Fact Sheet cc: Salem Board of Health Salem, MA jscott@salem com Alan D. Hanscom, PE BETA Group, Inc. 315 Norwood Park South Norwood, MA 02062 Robert George Northside Carting, Inc. 12 Swampscott Road Salem, MA 01970 John A. Carrigan Section Chief Solid Waste Management sU50412amdoo 04/37105 FACTSHEET Salem Landfill & Transfer Station Corrective Actions Alternatives Analysis Size: total site: 9.2 acres landfill: not provided Other Department Approvals Effecting this Application: Administrative Consent Order ACOP -NE -01-4005 effective date: April 4, 2002 amended: negotiation pending Comprehensive Site Assessment File Number: W044286 approved: March 2, 2004 Submissions with this Application: report City of Salem, Massachusetts Corrective Action Alternative Analysis . Salem Landfill 12 Swampscott Road Salem, Massachusetts March 2005 Discussion: File Number: W062414, Page 2 of 4 Pursuant to 310 CMR 19.011 and 19.030(10 & 11) a "responsible official" of the applicant (the City of Salem) is required to sign the application. The City has not signed the Corrective Action Alternative Analysis (CAAA) application. In consideration of the need to proceed to design of this project and the degree of conformity of the selected option to a standard design, the Department has elected to waive the signatory requirement for this application. It will be necessary that the appropriate "responsible official" of the City of Salem sign the application for review of the Corrective Action Design. The CAAA reviews 5 options. The first 2 options ([Option 1] the need for "more stringent closure actions" than defined in 310 CMR 19.112 and [Option 21 the ability to allow a "less stringent closure actions than defined in 310 CMR 19.112) and the "no W50409Fs.doc - 04/14/05 FACT SHEET File Number: W062414 . Salem Landfill & Transfer Station Page 3 of 4 Corrective Actions Alternatives Analysis build" option [Option 5] are only summarily described and examined. The focus of the report is a "standard" option [Option 3] and a "modified" option [Option 41. Options 2 and 5 are rejected as not meeting :the goals of the regulatory standards for Landfill closures. Option 1 is rejected.as the results of the Comprehensive Site:Assessment (CSA) did not indicate aneed. The City s engineers recommend the selection :of .Option 4 for the closure of the landfill: Under Option 3: * The existing landfill would be capped with a low permeability soil or FML cap. J. * All waste would be retained within the existing waste limits. * The RiverFront of the Forest River would be remediated by .. i. excavating the waste from the edge of the river, ii. constructing a concrete bin type retaining wall along the edge of the river, iii. backfilling the retaining wall with the excavated waste. This option would not make any changes to the existing transfer station or other improvements to the site outside of the existing limits waste. Option describes using an FML to construct the cap along the slopes facing the nver. As described the FML would be placed at a.gradient of 3:1, and excavated waste would ..: be "stored" behind a retaining wall constructed next:to the river.- The Department assumes it ismeant that the excavated waste will be used as permanent backfill behind: the retaining.wall:. . The described River Front remediation would result in waste materials being.placed above the cap. This element of the design does not comply with minimal requirements for the capping of the waste material. However, the design is amenable to alteration to: correct this deficiency.' Under Option 4 the landfill would be capped with a low permeability soil or FlvI cap as included at Option 3. In addition: * The old incinerator building (of which part is used as the existing transfer. station) would be razed. 04/14/05:: FACT SHEET 'Salem Landfill & Transfer Station Corrective Actions Alternatives Analysis File Number: W062414 Page 4 of 4 * The River Front of the Forest River would be remediated by excavating waste from along the river and regarding the landfill slope' (currently varying from 1:1 to 2:1) to a gradient of 3:1. * Forest River will be further remediated by removal of the C&D waste materials from the area of the culvert and reconstructing the river crossing with clean fill. * The C&D debris from razing the incinerator, along with the waste excavated from the River Front would be used to backfill the area of the incinerator building. * A new transfer station, with access driveways and aprons, would be constructed. * A new salt shed would be constructed on the portion of the property on the opposite side of the Forest River (the area currently used for the Town's leaf & yard waste composting area.). As proposed the new building would retain the same setback from the street side property line as the current building (circa 40 feet). Option 4 proposes to use the C&D debris and excavated waste as fill under the new. transfer station pursuant to a Beneficial Use Determination (BUD). This type of approval will hof likely be appropriate. However, the design will likely be amenable to extension of the waste area and cap to beneath the new transfer station building. Option 4 includes construction of a new salt shed on the property. As identified in the plans available at this time, the area where the salt shed is proposed has not been used for solid waste (ash, MSV) disposal. The area is currently being used for leaf & yard waste composting - an activity exempt pursuant to 310 CMR 16.05(4)(b). As described in the CSA and noted on the plan included with the CAAA, waste disposal at the site was; limited principally to the portion of the site east of Forest River. Some construction & demolition waste (C&D debris) disposal also occurred within the immediate vicinity of the Forest River as part of establishing access across the Forest River to the portion of the west of the river - an approximately160 foot reach of the river was placed into a culvert and the river channel at the culvert was filled with C&D debris materials. The Department, therefore, deems the portion of the site west of the Forest River (not including the area of C&D disposal) to be a separate and distinct area from the waste disposal area of the site. Therefore, the area where the salt shed is to be located is not subject to review and approval as a post closure use for the purpose of constructing a salt shed as proposed. ' Run (horizontal) to rise (vertical). sIF50409A.dw 04/14/05 0 JUN. }9.e�blTe 2:49PM N0.Ges P.2/6 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston — Northeast Regional Office y2lif � y Governor BOB DURAND seerstavy LAUREN A LISP Commissioner Mr. Stanley Bornstein City of Salem Department of Public Works 93 Washington Street Salem, Massachusetts 01970 Dear Mr. Bornstein: June 19, 2002 RE: SALEM— Solid Waste Salem Transfer Station/Landfill BWP SW 12-ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Bureau of Waste Prevention, Division of Solid Waste Management (the 'Department"), has completed the review of the Town of Salem's application (BWP SW 12, Transmittal No. W 027657) for an Initial Site Assessment (ISA) and Comprehensive Site Assessment (CSA) Scope of Work for Salem Landfill and Transfer Station, located on Swampscott Road, in the City of Salem, The Salem Landfill and Transfer Station is located near the intersection of Swampscott Road and Highland Avenue in the western portion of Salem. The property where the landfill is located is approximately S acres in size and has been owned by the City of Salem since at least 1928. A landfill incinerator was operated by the City of Salem from 1963 through 1968. A portion of the property was used to dispose of ash generated at the on-site incinerator, A transfer station has been operated by the City of Salem from 1963 tllro4gh 1994, Northeast Carting Inc. (NCI) has operated the transfer station on the property since 1994 to the present, The Department has reviewed the information presented in the ISA/ CSA Scope of Worlc pursuant to 310 CMR 19.000 (Solid Waste Management Regulations,) and the established guidelines presented in Department's guidance document; Iandiill Trnitnirnl Cnridenr , Mamualy (DEP Publication No, SWMID: 001-91-G; Rev, 5/97), Thio lnrhPIn" lan le a nahla N almrnato (nrmat by eo6lng our ADA Coordinator at (617) 3746673. 206A Lowell Si. Wilminglon, MA 01667 . Phone (676) 661.7600 . Fez (076) eel -7o16 . lTD$ (978) 661.7676 Web S11e: hbpJ/w .Meee,Gov/DSP qP Printed on Re% ded Paper JUN.19.2002 2:49PM N0.Bes P.3/6 Salem: ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 2 of 5 Based on this review, the Department, acting under the authority of the M,G.L, c. 111, S. 150A and 310 CMR 19.000, hereby approves the Town of Salem application for an ISA/CSA Scope of Work for the Salem Landfill with the following conditions: (1) CSA Compliance Reporting The CSA shall be performed in accordance with the following a. The Landfill Technical Cnidanre Manual; ' b. 310 CMR 19.150 (5) rnTnpmb&ncive Cite Assessment; and C. The Conditionally approved CSA Scope of Work. If there is a need to make any significant deviations from the tasks contained in the Conditionally approved CSA Scope, or from any other Department protocols, the Town shall obtain written approval from the Department prior to undertaking such changes, (2) Drilling program, Groundwater Monitoring Wells. a, Well installations, testing, and sampling shall be performed in accordance with the Department's guidance document #WSC-310-91: RranAard Rnferencee for C ! 1v4nnitm n,CWPlla (Standard References), 1 b. The Department requires that one (1) additional well be constructed next to one of the proposed downgradient monitoring wells and completed as a deep and shallow well couplet for the purpose of determining the vertical extent of potential groundwater contamination and vertical hydraulic gradient. The well screens ofthe shallow and deep well couplet should be separated by at least 10 feet. If the additional well is installed in bedrock, the bedrock shall be cored to a minimum depth of 10 feet to confirm refusal. The rock core shall be logged as described in CPrtion I, Rock Classification OfR andard References. The core sample should provide information regarding rock type and degree of fracturing and should be assessed as to the potential for fluid migration through the rock. The methodology for evaluating the potential for fluid migration should be presented in the Draft CSA along with sample field data sheets, C. The ISA indicates that piping, possibly associated with an underground storage tank (UST) was present on-site at the time of the site inspection (Salem LSA; page 21), The presence of piping indicates that the UST is also still present. Therefore, the Department requires an investigation of the area around the UST consisting of the following: NO. 885 P.416 Salem: ISAICSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 3 of 5 1, Research of the Town and Fire Department records to determine the age, capacity and dimensions of the UST; 2, Evaluation and analysis of the contents of the UST to determine the volume of any liquids remaining in the UST and the depth to the bottom of the UST; 3. The installation of three soil borings on the north, south and west sides of the UST to extend to a depth below the bottom of the UST; 4, Logging and field screening of soil sampleswith aflame or photo - ionization detector (PIF or FID), and 5. Soil sample collection and analysis for total petroleum hydrocarbons (TPID, EPA method 8020, and EPA method 8310. Massachusetts DEP methods volatile petroleum hydrocarbons (VPI-) and Massachusetts DEP extractable petroleum hydrocarbons (EPI -7 can be substituted for the above EPA methods, If soil analysis indicates the presence of petroleum or hazardous compounds, monitoring wells shall be installed in the area surrounding the UST for further evaluation of the soil and groundwater conditions, (3) Extent of Refuse: Vertical and horizontal extent of refuse at the site must be determined through the use of test pits or other means. (4) Determination of Hydraulic Conductivity: The hydraulic conductivity of all major stratigtaphic units shall be determined. An evaluation should be conducted to detemmine all the major smatigraphic units at the site, (5) Groundwater Analytical Parameters In addition to the analytes listed on Page 12 of the CSA Scope of Work, the fallowing compounds must be Included: methyl ethyl ketone, methyl isobutyl ketone, and acetone. In addition, unknown peaks having intensities greater than five times the background intensity shall be identified (Method 8260 is detailed in the EPA publication SW -946, entitled Test Methods for Evaluating Solid Waste); ' JUN.19.2002 2:50PM NO 8e5 P.5/6 Salern; ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 4 of 5 (6) Surface Water Sampling and Analysis Plan Based on the results of the surface water sampling, the need for additional surface water sampling should be considered. (7) Sediment Sampling and Analysis PIan In addition to the two proposed sediment sampling locations (up and down stream locations), a third location shall be sampled from the area of historical leachate breakouts (described as area of discoloration in ISA). In addition to the analytes listed on page 11 of the CSA Scope of Work, sediment samples shall be analyzed for the following parameters: 1. Polychlorinated Biphenyls (PCBs) 2. Polynuclear Aromatic Hydrocarbons (PAHs) 3. Total Petroleum Hydrocarbons (TPfl) 4. 2,3,7,5 - TCDD (indicator for Dioxins and Furans) ( (8) Landfill Gas Characterization `—� a. In accordance with the T nndiill Technical Gwidan Mann -91, a landfill gas characterization must be performed for the landfill The following compounds should be analyzed for the characterization: • Benzene 1,1,1 -Trichloroethane • 1,2-Dibromomethane Trichloroethene • 1,2-Dichloroethane Trichloromethane • Dichloromethane Toluene • Tetrachlomethene Vinyl Chloride Tetrachloromethane Xylenes EPA TO- 14 may be used in place of the compound list above. b, Landfill gas characterization shall also include laboratory analysis for fixed gasses: methane, carbon dioxide, oxygen and nitrogen. c. Non -methane organic compounds by EPA method 25A or equivalent must be analyzed. (9) Field and Lab Quality Assurance /Quality Control Plans The QA/QC Sampling Plan Analysis must include a trip blank, field blank, lab �.' blank and blind samples. JUN.19.2002 2:5OPM Salem: ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 5 of 5 (10) Continued Monitoring NO.ee5 P.6/6 Following completion of four (4) quarters of sampling for the CSA, the Town shall continue to conduct environmental, monitoring at the landfill in accordance with 310 CMR 19.132 and the approved CSA Scope, until otherwise approved in writing by the Deportment. Gas monitoring shall be conducted quarterly, and groundwater monitoring shall be conducted semi-annually. Please be advised that the Department reserves the right to require additional assessment and investigation of the landfill site based on a review of the analytical results. It is the applicant's responsibility to comply with all other applicable federal, state, and local statutes and regulations as a prerequisite to conducting the CSA, Should you have any questions relative to this letter, please contact John Morey at (978) 661-7663. John P. Morey Environmental Analyst S' cerely, Heidi O°Brien Deputy Regional Director cc: Salem Board of Health John Keenan, Salem City Solicitor, 222 Essex Street, Salem, MA 01970 Robert George, Northside Carting, Inc., 215 Weathersfield, St. Rowley, MA 01969 -C—\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION u,p METROPOLITAN BOSTON — NORTHEAST REGIONAL OFFICE MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY ROBERT W. GOLLEDGE, Jr. Lieutenant Governor Commissioner Mr. Stanley Bornstein ,_._.__._....__.__CityofSalem --- . _......__. Department of Public Works 93 Washington Street Salem, Massachusetts 01970 Dear Mr. Bornstein: MAR 0 2 2M RE: SALEM — Solid Waste — Salem Transfer Station/Landfill -- - --- — BWP SW 23 Transmittal No. W 044286 Comprehensive Site Assessment ' Conditional Approval FW'39974 The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Bureau of Waste Prevention, Division of Solid Waste Management (the "Department"), has completed the review of the City of Salem's (the "City) application for a Comprehensive Site Assessment (CSA) for the Salem Landfill and Transfer Station (the "Site"). Beta Group, Inc, of Norwood, Massachusetts prepared the CSA on behalf of the City. The CSA was submitted in partial fulfillment of the requirements of the May 7, 2002, Administrative Consent Order (the "ACO' between the Department and the City. The Site is located near the intersection of Swampscott Road and Highland Avenue in the western portion of Salem. The property is approximately 8 acres in size and has been owned by the City of Salem since at least 1928. The City operated a solid waste incinerator at the Site from 1963 through 1968. A portion of the property was used to dispose of ash generated by the incinerator. The City of Salem operated the transfer station at the Site from 1963 through 1994. Northeast Carting Inc. (NCI) has operated the transfer station on the property since 1994 to the present. 'This information is ivillable In alternate format. Call Debra Daherty, ADA Coordinator, at 1.617-292-5565. TDD Service -1-800-298-2287. One Winter Street, Boston, MA 02108• Phone (817) 854-6500 • Fax (817) 556.1049 • TDD # (8 00) 298-22D7 DEP on the Wartd Wide Web: http:/tanvre.state.ma.usldep 0 Printed on RecyGed Paper Salem Page 2 of 3 Salem Landfill The Department has reviewed the information presented in the CSA, pursuant to 310 CMR 19.000 (Solid Waste Management Regulations) and the guidelines presented in the Department's Landfill Technical Guidance Manual (DEP Publication No. SWMID: 001-91-G, Rev. 5197), Based on this review, the Department, in accordance with 310 CMR 19.150(2), approves the CSA with the following conditions: (1) Drilling and Gas well Installation. a Within 90 days of the date of this Conditional Approval, the City shall relocate the three (3) destroyed gas probe wells (SG -2, SG -3 and SG -5) at the site to the following locations: 1. a point located midway between MW -2 and SG -7 along the eastern edge of the site, 2. a point immediately adjacent to MW -2, and 3. -a point -immediately south of the transfer station building: - Well installations, testing, and sampling shall be performed in accordance with the Department's guidance document 4WSC-310-91: Standard References for Monitoring Wells (the "Standard References".) and the Landfill Technical Guidance Manual: �:• •:. .. .. The landfill gas shall be analyzed for the parameters required by 310 CMR 19.132(4) and in addition for methane, carbon dioxide, oxygen, and nitrogen. (2) Sediment Sampling and Analysis Plan a. Within 90 days of the date of this Conditional Approval, the City shall collect two (2) additional sediment samples from the following locations: 1. the area up -stream of the northern property line in order to access the upstream concentrations of sediment and local conditions, and 2. the small inlet immediately to the south of the landfill. (3) Investigation Results The City shall include the results of the investigations required by conditions (1) and (2) above in the Corrective Action Alternative Analysis (CAAA). This shall include an analysis of any trends in the monitoring data, both temporal and spatial. If results of the additional monitoring indicate that landfill gas or sediment contamination pose a actual or potential significant risk to the public health, welfare, public safety or the environment then remedial measures, in addition to a landfill cap, necessary to abate the risk shall be evaluated in the Corrective Action Alternative Analysis (CAAA). SalemLdfCSAAprv3_04 3/2/2004 b. C. 2. a point immediately adjacent to MW -2, and 3. -a point -immediately south of the transfer station building: - Well installations, testing, and sampling shall be performed in accordance with the Department's guidance document 4WSC-310-91: Standard References for Monitoring Wells (the "Standard References".) and the Landfill Technical Guidance Manual: �:• •:. .. .. The landfill gas shall be analyzed for the parameters required by 310 CMR 19.132(4) and in addition for methane, carbon dioxide, oxygen, and nitrogen. (2) Sediment Sampling and Analysis Plan a. Within 90 days of the date of this Conditional Approval, the City shall collect two (2) additional sediment samples from the following locations: 1. the area up -stream of the northern property line in order to access the upstream concentrations of sediment and local conditions, and 2. the small inlet immediately to the south of the landfill. (3) Investigation Results The City shall include the results of the investigations required by conditions (1) and (2) above in the Corrective Action Alternative Analysis (CAAA). This shall include an analysis of any trends in the monitoring data, both temporal and spatial. If results of the additional monitoring indicate that landfill gas or sediment contamination pose a actual or potential significant risk to the public health, welfare, public safety or the environment then remedial measures, in addition to a landfill cap, necessary to abate the risk shall be evaluated in the Corrective Action Alternative Analysis (CAAA). SalemLdfCSAAprv3_04 3/2/2004 Salem Salem Landfill (4) Continued Monitoring Page 3 of 3 The City shall continue to conduct environmental monitoring at the landfill in accordance with 310 CMR 19.132 and the approved CSA Scope, until otherwise approved in writing by the Department This includes conducting the gas monitoring quarterly and groundwater and surface water monitoring semi-annually. This decision is issued by the Department under the authority of MGL, Chapter 111, Section 150A and 310 CMR 19.000. All activities shall be implemented in compliance with 310 CMR 40.0114, Solid Waste Management Facilities, of the Massachusetts Contingency Plan and in a manner consistent with the Department's April 1991 guidance document -Standard References for Monitoring Wells WSC-310-91 and the Landfill Technical Guidance Manual. This decision does not relieve the City of its responsibility to comply with all other r --- — applicable-staterfederah and local -statutes, regulations;-aud-requirements.- The£ity shall obtain-- Department btain—Department approval prior to making any significant modifications to the, tasks required by this decision or any Department protocol. _ :The Department.may require additional assessmentiand/or remedial activities at the landfill if, environmental data indicate that past ar:.present activities at the site have contributed to ^ conditions that pose a significant risk to the public health, safety or the environment. I f Should you have any questions regarding this letter, please contact John Morey at (617) 654-6698. Sincerely, Sincei Jahn P. Morey John Environmental Analyst Sectic Solid JAC/JPMrpm " Cc: John Keenan, Salem City Solicitor, 222 Essex Street, Salem, MA 01970 Robert George, Northside Carting, Inc., 215 Weathersfield, St. Rowley, MA 01969 z SalemLdfCSAAprv3_04 3/2/2004 Bruce Thlbodeau 1jWA xr v I= City of Salem . Department of Public Works 120 Washington Street .. . Salem, MA 01970 RE: SALEM - Solid Waste Salem Landfill Corrective Actions.Alteinatives Analysis Conditional Approval File # W062414 Facility # 39974 Dear Mr. Tlubodcau: The Metropolitan Boston/NortheastRegion of the Department of Environmental Protection, Division: of. Solid Waste Management has received your application for approval of the Corrective Action Alternatives Analysis (CAAA) for closure of the Salem Landfill, Swam pscoft'Road,''Salem, Massachusetts (BWP SW 24 Corrective Action Alternative Analysis, Transmittal Number W062414). The application was prepared on your behalf by BETA Group, Inc., Norwood, Massachusetts. The recommended alternative provides for: 1. Demolition of the existing transferstation(former incinerator) and replacememvvith'a new structure designed fmruse as a transferstation. 2. Excavation of construction & demolition waste from the culverted crossing of Forest River with reconstruction of the culvert and crossing. C&D materials are to be disposed of within the existing landfill. 3. Excavation of waste (ash and MSW),from along Forest River with relocation of the waste to _ within the existing landfill. The: finished slope alongForest River will be graded at a slope of 3 horizontal to 1 vertical (3:1, a 33%grade). .. 4. Construction of a new retaining wall in the vicinity of the existing transfer station (incinerator) building to facilitate relocation of the waste materials (ash, MSW and C&D) while retaining the . necessary separation,of grades betweenthe front and rear ofthe.newtransfer station building. 5. Capping of the waste materials with a flexible membrane': liner (FML) cap. 6. The finished grade of the capped landfill will have a minimumgradient of .5%. 7. Construction of a new salt shed west of Forest River. This Information is available In alternate format Call Donald M. Games, ADA Coordinator, at 1-617-556-1057. TDD service -1-800-298-2207. e Floor, One Winter Street, Boston, MA 02108• Phone (817) 654-6500 • Fax (517) 555-1042 TDD # (800) 298-2207 DEP on the Word Wide Web: http:/Aw .state.ma.us/dep 01 Printed on Recycled Paper Salem Salem Landfill Corrective Action Alternative Analysis Conditional Approval Page 2 As described in the application, the C&D materials from the demolition of the existing transfer station (incinerator) building will be used as backfill for the building foundation. The Department concurs that the C&D materials - both from demolition of the existing building and from relocation of materials from the culvert area - may be used to backfill the building foundation hole and re -grade the area around the existing foundation. The application proposes to effect the use of the C&D debris as backfill pursuant to a Beneficial Use Determination (a BUD, 310 CMR 19.060). The Department has determined that a BUD is not the appropriate mechanism for the effecting the use of the C&D as proposed by this project. Inconsideration of the origin and character of the C&D debris, the debris must be placed as part of the waste materials in the landfill, and the landfill cap extended to include the transfer station foundation. The Department will entertain disposal of the C&D materials in this manner as an integral component of the site remediation and landfill closure design. Based on the site use history and the soil conditions identified by the Comprehensive Site Assessment (CSA), the Department has determined that the construction of the salt shed does not require Department approval. The Department approves the CAAA and concurs with the selection of Option 4 for the design of closure of the landfill subject to the following conditions: The closure design shall: a. Extend the limits of the cap to cover the C&D waste materials. In accomplishing this extension of the cap, either the FML may be extended under the new building with the FML and related layers designed to accommodate the loads, or the building foundation shall be integrated into the impervious layer of the cap. b. Design the new building foundation to protect the building and its occupants from explosive gases. 2. The Corrective Action Design (CAD, i.e. the closure plans) application shall be signed by the appropriate official of the City of Salem Reports, plans, etc., shall be signed and sealed by the engineer of record. Each shall include certification pursuant to 310 CMR 19.011, as required. 3. The Department reserves the right to amend, modify, suspend or revoke this approval as necessary to protect the public health, safety or the environment, or as otherwise necessary to insure compliance with applicable law and/or regulation. 4. The City shall obtain and comply with the requirements of all applicable state, federal and local laws, regulations, and permits. Concurrently with submitting the CAD application the City shall submit documentation that the applications for such other permits dud approvals as may be required have been applied for. 5. In consideration of the commercial operating nature of the transfer station by Northside Carting Inc. and the interdependence of the reconstruction of the transfer station on the corrective action design, the Department's review of the CAD shall not be subject to the exemption from application fees granted to municipalities. The application shall be subject to payment of the applicable fees for privately owned/operated facilities as established at 310 CMR 4.00. 6. The Department reserves the option to require Northside Carting, Inc. to obtain a permit, issued to Northside Carting, Inc., for future operation of the facility, and/or otherwise pay an annual compliance fee as applicable to privately operated facilities. stt50412amdoc 04/12/05 Salem Page 3 Salem Landfill . Corrective Action Alternative Analysis - - Conditional Approval NOTICE OF RIGHT TO APPEAL The City of Salem (the "City") is hereby notified that it may within twenty-one (21) days file.a request that this decision be deemed a provisional decision under 310 CMR 19.037(4)(b), by submitting a written statement of the basis ' on which the City believes it is aggrieved, together with any supporting materials. Upon timely filing of such a request, the decision shall be deemed a provisional decision with an effective date twenty-one (21) days after the Departments receipt of the request, Such a request shall reopen the administrative record, and the Department may rescind, - 'supplement, modify, or reaffirm its decision. Failure by the City to exercise the right provided .in this section shall 'constitute a waiver of the City s.right to appeal. Anneal. Any person aggrieved by the issuance of this decision, except as provided for under '310 CMR 19.037(4)(b), may frle an appeal for judicial review of said decision in accordance with the provisions of UG.L. c. 11;1, a. 150A, and M.G.L. c. 30A, not later than thirty (30) days following the receiptofihe final decision.. The standing of a person to file an appeal and the procedures for filing such appeal shall be governed by the provisions of M.G.L. c..30A.. Unless the person requesting' an appeal requests and is granted a stay of the temps and conditions of the decision by a court of competent jurisdiction, the decision shall remain effective. Notice of Action Any aggrieved person intending to appeal this decision to the Superior Court shall.first provide notice to the Department of their intention to commence such action. Said notice of intention shall include the Department file number and shall identify with particularity the issues and reasons why it is believed the decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which processed the application The appropriate addresses to which to send such notices are: General Counsel Department of Environmental Protection One Winter Street - 3rd Floor Boston, MA 02108 Regional Director Department ofEnvironmental Protection NERO One Winter Street - 5'ti Floor Boston, MA 02108 yj pp, No allegation shall be made in an udicial appeal of this decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in those regulations, provided that a matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have been raised during such procedures or that matter sought to be raised is of critical importance to the environmental impact of the permitted activity. The Department reminds you that pursuant to the Administrative Consent Order (ACOP -NE -01-4005), the City was required to complete closure of the landfill by November 1, 2004. On October 28, 2004 the Department forwarded . to the City; via your consultant, BETA Group; an agreement for extension of the ACOP to November 1, 2005 for completion of the closure of the landfill. The City has not executed that extension The Departmaru: will entertain discussion to reasonable extension of the ACOP deadlines. However, it is necessary that the City submit within twenty-one (21) days of this notice, to the Department a schedule for completion of the project design (the Corrective Action Design [CAD]) and construction of the landfill closure_ 050412apv.doc - 04/12/05 'Salem Salem Landfill Corrective Action Alternative Analysis Conditional Approval Page 4 Should you have any questions concerning this matter, please contact David Adams at 617-654-6677. Sincerely/,^/ David C. Adams Environmental Engineer Solid Waste Management 7AGDCA/dca enclosure: Fact Sheet cc: SalemBoard of Health Salem, MA jscott@salem.com Alan D. Hanscom, PE BETA Group, Inc. 315 Norwood Park South Norwood, MA 02062 Robert George Northside Carting, Inc. 12 Swampscott Road Salem, MA 01970 7ohnA. Can-igan Section Chief Solid Waste Management s1 50412mv.doc 04/12/05 FACT SHEET File Number: W062414 - Salem Landfill & Transfer Station Page 2 of 4 Corrective Actions Alternatives Analysis Size: total site: 9.2 acres landfill: not provided Other Department Approvals Effecting this Application: Administrative Consent Order ACOP -NE -01-4005 effective date: April 4, 2002 amended: negotiation pending Comprehensive Site Assessment File Number: W044286 approved: March 2, 2004 Submissions with this Application: report City of Salem, Massachusetts Corrective Action Alternative Analysis . Salem Landfill 12 Swampscott Road Salem, Massachusetts March 2005 Discussion: Pursuant to 310 CMR 19.011 and 19.030(10 & 11) a "responsible official" of the i applicant (the City of Salem) is required to sign the application. The City has not signed the Corrective Action Alternative Analysis (CAAA) application. In consideration of the need to proceed to design of this project and the degree of conformity of the selected option to a standard design, the Department has elected to waive the signatory requirement for this application. It will be necessary that the appropriate "responsible official" of the City of Salem sign the application for review of the Corrective Action Design. The CAAA reviews 5 options. The first 2 options ([Option 1] the need for "more stringent closure actions" than defined in 310 CMR 19.112 and [Option 2] the ability to allow a "less stringent closure actions than defined in 310 CMR 19.112) and the "no s1 50409fs.d"c - - 04/14/05 FACT SHEET Salem Landfill & Transfer Station Corrective Actions Alternatives Analysis File Number: W062414 Page 3 of 4 build" option [Option 5] are only summarily described and examined. The focus.of the " report is a "standard" option [Option 3] and a "modified" option [Option 4]. Options 2 and 5 are rejected as not meeting:the goals of the regulatory standards for landfill closures. . Option 1 is rejected as the results of the Comprehensive Site Assessment (CSA) did not indicate a need. The City's engineers recommend the selectiion:of.Option 4 for the -closure of the landfill.' Under Option 3: * The existing landfill would be capped with a low permeability soil or FML cap• * All waste would be retained within the existing waste limits. * The River Front of the Forest River would be remediated by: i. excavating the waste from the edge of the river, ii. constructing a concrete bin type retaining wall along the edge of. the river, iii. backfilling the retaining wall with the excavated waste. This option would not make any changes to the existing transfer station or other improvements to the site outside of the existing limits waste. Option describes using an FML to construct the cap along the slopes facing the nver. As described the FML would be placed ata gradient of 3:1, and excavated waste would b'e "stored".behind.a retaining wall constructed next:to the river.- The Department assumes it is meant that the excavated waste will be used as permanent backfill behind ; the retaining. wall:. . The described River Front remediation would result in waste materials being placed above the cap. This element of the design does not comply with minimal requirements for the capping of the waste material. However, the design is amenable to alteration to- correct this deficiency.' Under Option 4 the landfill would be capped with a low permeability soil or FML cap as included at Option 3. In addition: * The old incinerator building (of which part is used as the existing transfer.'. station) would be razed. s1f50409f Ax 04/14/05 FACT SHEET Salem Landfill & Transfer Station Corrective Actions Alternatives Analysis File Number: W062414 Page 4 of 4 * The River Front of the Forest River would be remediated by excavating waste from along the river and regarding the landfill slope' (currently varying from 1:1 to 2:1) to a gradient of 3:1.' * Forest River will be further remediated by removal of the C&D waste materials from the area of the culvert and reconstructing the river crossing with clean fill. * The C&D debris from razing the incinerator, along with the waste excavated from the River Front would be used to backfill the area of the incinerator building. * A new transfer station, with access driveways and aprons, would be constructed. * A new salt shed would be constructed on the portion of the property on the opposite side of the Forest River (the area currently used for the Town's leaf & yard waste composting area.). As proposed the new building would retain the same setback from the street side property line as the current building (circa 40 feet). Option. 4 proposes to use the C&D debris and excavated waste as fill under the new, transfer station pursuant to a Beneficial Use Determination (BUD). This type of approval will notlikely be appropriate. However, the design will likely be amenable to extension of the waste area and cap to beneath the new transfer station building. Option 4 includes construction of a new salt shed on the property. As identified in the plans available at this time, the area where the salt shed is proposed has not been used for solid waste (ash, MSV) disposal. The area is currently being used for leaf & yard waste composting - an activity exempt pursuant to 310 CMR 16.05(4)(b). As described in the CSA and noted on the plan included with the CAAA, waste disposal at the site was limited principally to the portion of the site east of Forest River. Some construction & demolition waste (C&D debris) disposal also occurred within the immediate vicinity of the Forest River as part of establishing access across the Forest River to the portion of the west of the river - an approximately 160 foot reach of the river was plated into a culvert and the river channel at the culvert was filled with C&D debris materials. The Department, therefore, deems the portion of the site west of the Forest River (not including the area of C&D disposal) to be a separate and distinct area from the waste disposal area of the site. Therefore, the area where the salt shed is to be located is not subject to review and approval as a post closure use for the purpose of constructing a salt shed as proposed. 'Run (horizontal) to rise (vertical). sJ 50409A.doc 04/14/05 Jun. 19.21dy2 AM Swrrrr Governor C .) �1 2:49PM N0.9B5 P.2/6 COMMONWEALTH OF MASSACHUSETTS EXECUTNE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston — Northeast Regional Office Mr. Stanley Bornstein City of Salem Department of Public Works 93 Washington Street Salem, Massachusetts 01970 Dear Mr. Bornstein: BOB DURAM secretary LAUREN A IJB$ Commissioner June 19, 2002 RE: SALEM— Solid Waste Salem Transfer Station/Landfill BWP SW 12-ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Bureau of Waste Prevention, Division of Solid Waste Management (the 'Department"), has completed the review of the Town of Salem's application (BWP SW 12, Transmittal No. W 027657) for an Initial Site Assessment (ISA) and Comprehensive Site Assessment (CSA) Scope of Work for Salem Landfill and Transfer Station, located on Swampscott Road, in the City of Salem, The Salem Landfill and Transfer Station is located near the intersection of Swampscott Road and Highland Avenue in the western portion of Salem, The property where the landfill is located is approximately 8 acres in size and has been owned by the City of Salem since at least 1928. A Iandfill incinerator was operated by the City of Salem from 1963 through 1968. A portion of the property was used to dispose of ash generated at the on-site incinerator, A transfer station has been operated by the City of Salem from 1963 through 1994, Northeast Carting Inc. (NCI) has operated the transfer station on the property since 1994 to the present, The Department has reviewed the information presented in the ISA/ CSA Scope of Work: pursuant to 310 CMR 19.000 (Solid Waste Management Regulations,) and the established guidelines presented in Department's guidance document; T•andrll Tart,nin:al Guidance Manna? (DBP Publication No, SWMID; 001-91-G; Rev, 5/97), Tb1e W00100en le a e0ebin U sltmnatt fn,mnt by uOing 01W ADA COWdleimF at (617) 0746072. 205A LCM11 S1, Wilmington, MA, 01007 . Phone (078) 081-7600 . Fox (078) 061-7016 . 7TDq (ale) 661.7070 Web She: hnp:lAv .Moae.0ov/DEP 0 Printed on Recycled Paper JJN.r.9.2002 2:49PM-N0.885 P.3i6 Salem: ISA/C$A Scope of Work Conditional Approval Transmittal No. W 027657 Page 2 of 5 Based on this review, the Department, acting under the authority of the XG.L, C. 111, g. 150A and 310 CMR 19.000, hereby approves the Town of Salem application for an ISA/CSA Scope of Work for the Salem Landfill with the following conditions; (1) CSA Compliance Reporting The CSA shall be performed in accordance with the following: a. The T.andfill Technical Gwidnnnn Vamial� ' b. 310 CMR 19.150 (5) Comprehensive Site ASS cam ntp and C. The Conditionally approved CSA Scope of Work. If there is a need to make any significant deviations from the tasks contained in the Conditionally approved CSA Scope, or from any other Department protocols, the Town shall obtain written approval from the Department prior to undertaking such changes, (2) Drilling Program, Groundwater Monitoring Wells. a, Well installations, testing, and sampling shall be performed in accordance with the Department's guidance document #WSC-310-91: Standard References for 'k4nnitnring Well (Standard ReferencPA), b. The Department requires that one (1) additional well be constructed next to one of the proposed downgradient monitoring wells and completed as a deep and shallow well couplet for the purpose of determining the vertical extent of potential groundwater contamination and vertical hydraulic gradient, The well screens of the shallow and deep well couplet should be separated by at least 10 feet. If the additional well is installed in bedrock, the bedrock shall be cored to a minimum depth of 10 feet to confirm refusal. The rock core shall be logged as described in SPctinn 17 Rn .k C'.laaa;fieafien of Standard References. The core sample should provide information regarding rock type and degree of fracturing and should be assessed as to the potential for fluid migration through the rock. The methodology for evaluating the potential for fluid migration should be presented in the Draft CSA along with sample field data sheets. C. The ISA indicates that piping, possibly associated with an underground storage tank (UST) was present on-site at the time of the site inspection (Salem ISA; page 21), The presence of piping indicates that the UST is also still present. Therefore, the Department requires an investigation of the area around the UST consisting of the following: NO.ee5 P.416 Salem: ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 3 of 5 1, Research of the Town and Fire Department records to determine the age, capacity and dimensions of the UST; 2, Evaluation and analysis of the contents of the UST to determine the volume of any liquids remaining in the UST and the depth to the bottom of the UST; 3, The installation of three soil borings on the north, south and west sides of the UST to extend to a depth below the bottom of the UST; 4, Logging and field screening of soil samples with aflame or photo, ionization detector (PIF or FID), and 5. Soil sample collection and analysis for total petroleum hydrocarbons (TPIi), EPA method 8020, and EPA method 8310. Massachusetts DEP methods volatile petroleum hydrocarbons (VPII) and Massachusetts DEP extractable petroleum hydrocarbons (EPID can be substituted for the above EPA methods. If soil analysis indicates the presence of petroleum or hazardous compounds, monitoring wells shall be installed in the area surrounding the UST for further C evaluation of the soil and groundwater conditions. (3) Extent of Refuse: Vertical and horizontal extent of refuse at the site must be determined through the use of test pits or other means. (4) Determination of Hydraulic Conductivity: The hydraulic conductivity of all major stratigtaphic units shall be detennined, An evaluation should be conducted to determine all the major statigraphic units at the site. (5) Groundwater Analytical Parameters Tn addition to the analytes listed on Page 12 of the CSA Scope of Work, the following compounds must be Included; methyl ethyl ketone, methyl isohutyl ketone, and acetone. In addition, unknown peaks having intensities greater than five times the background intensity shall be identified (Method 8260 is detailed in the EPA publication SW -846, entitled Test Methods for Evaluating Solid Waste); JUN.19.2002 2:50PM N0.885 P.5i6 Salem:ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 4 of 5 (6) Surface Water Sampling and Analysis Plan Based on the results of the surface water sampling, the need for additional surface water sampling should be considered. (7) Sediment Sampling and Analysis Plan In addition to the two proposed sediment sampling locations (up and down stream locations), a third location shall be sampled from the area of historical leachate breakouts (described as area of discoloration in ISA). In addition to the analytes listed on page I 1 of the CSA Scope of Work, sediment samples shall be analyzed for the following parameters: 1. Polychlorinated Biphenyls (PCBs) 2. Polynuclear Aromatic Hydrocarbons (PAHs) 3, Total Petroleum Hydrocarbons (TPH) 4. 2,3,7,8 - TCDD (indicator for Dioxins and Furans) (8) Landfill Gas Characterization a. In accordance with the Landfill Techninal Cmidance Mammal,, a landfill gas characterization must be performed for the landfill. The following compounds should be analyzed for the characterization: • Benzene 1,1,1 -Trichloroethane • 1,2-Dibromomethane Trichloroethene • 1,2-Dichlowethane Trichloromethane • Dichloromethane Toluene • Tetrachlomethene Vinyl Chloride • Tetrachloromethane Xylenes EPA TO -14 may be used in place of the compound list above. b, Landfill gas characterization shall also include laboratory analysis for fixed gasses: methane, carbon dioxide, oxygen and nitrogen. c. Non -methane organic compounds by BPA method 25A or equivalent must be analyzed, (9) Field and Lab Quality Assurance /Quality Control Plans The QA/QC Sampling Plan Analysis must include a trip blank, field blatik, lab �.' blank and blind samples. JUN.19.2002 2:5OPM Salem: ISA/CSA Scope of Work Conditional Approval Transmittal No. W 027657 Page 5 of 5 (10) Continued Monitoring NO.ee5 P.6/6 Following completion of four (4) quarters of sampling for the CSA, the Town shall continue to conduct envixnnmentaj monitoring at the landfill in accordance with 310 CMR 19.132 and the approved C$A Scope, until otherwise approved in writing by the Department. Gras monitoring shall be conducted quarterly, and groundwater monitoring shall be conducted semi-annually. Please be advised that the Department reserves the right to require additional assessment and investigation of the landfill site based on a review of the analytical results. It is the applicant's responsibility to comply with all other applicable federal, state, and local statutes and regulations as a prerequisite to conducting the CSA, Should you have any questions relative to this letter, please contact John Morey at (978) 661-7663. CVf Jo P. Morey Bnvironmental Analyst ;Heioe ydi O°Brien Deputy Regional Director cc: Salem Board of Health John Keenan, Salem City Solicitor, 222 Essex Street, Salem, MA 01970 Robert George, Northside Carting, Inc., 215 Weathersfield, St. Rowley, MA 01969 C� a �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON — NORTHEAST REGIONAL OFFICE MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretaxy EERRYHEALEY ROBERT W. GOLLEDGE, Jr. Lieutenant Governor Commissioner AR 0 2 2404 Mr. Stanley Bornstein RE: SALEM — Solid Waste .....--City-of Salem__.,..... .._.., _..., ..-- -----...----._..-------------------Salem Transfer Station/Landfill_-- -— -- Department of Public Works BWP SW 23 93 Washington Street Transmittal No. W 044286 Salem, Massachusetts 01970 Comprehensive Site Assessment �. CantlitionalApproval--•" aF. rt2au.. ITMI7139974 Dear Mr. Bornstein: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Bureau of Waste Prevention, Division of Solid Waste Management (the 'Department"), has completed the review of the City of Salem's (the "City) application for a Comprehensive Site Assessment (CSA) for the Salem Landfill and Transfer Station (the "Site"). Beta Group, Inc. of Norwood, Massachusetts prepared the CSA on behalf of the City. The CSA was submitted in partial fulfillment of the requirements of the May 7, 2002, Administrative Consent Order (the "ACO") between the Department and the City. The Site is located near the intersection of Swampscott Road and Highland Avenue in the western portion of Salem. The property is approximately 8 acres in size and has been owned by the City of Salem since at least 1928. The City operated a solid waste incinerator at the Site from 1963 through 1968. A portion of the property was used to dispose of ash generated by the incinerator. The City of Salem operated the transfer station at the Site from 1963 through 1994. Northeast Carting Inc. (NCI) has operated the transfer station on the property since 1994 to the present. This information is eviilable in alternate format Cal Debra Doherty, ADA Coerdin iter, at 1-617.292.5565. TDD Service- 1-800.298-2207. One Winter Street, Boston, MA 02108. Phare (617) 654-6500 • Fax (617) 556.1040 • TDD # (8 00) 288.2207 DEP on the Wortd W ile Web: httpJ/w .state.ma.us/dep Co' Printed W Recyded Paper Salem Page 2 of 3 Salem Landfill The Department has reviewed the information presented in the CSA, pursuant to 310 CMR 19.000 (Solid Waste Management Regulations) and the guidelines presented in the Department's Landfill Technical Guidance Manual (DEP Publication No. SWMID: 001-91-G, Rev. 5/97), Based on this review, the Department, in accordance with 310 CMR 19.150(2), approves the CSA with the following conditions: (1) Drilling and Gas well Installation. a. Within 90 days of the date of this Conditional Approval, the City shall relocate the three (3) destroyed gas probe wells (SG -2, SG -3 and SG -5) at the site to the following locations: 1. a point located midway between MW -2 and SG -7 along the eastern edge of the site, 2. a point immediately adjacent to MW -2, and -- - - --- 3. -a point -immediately south of the transfer station building: ---- - ---- -- __._ b. Well installations, testing, and sampling shall be performed in accordance with the Department's guidance document #WSC-310-91: Standard References for ..Monitoring Wells (the "Standard References' and the Landfill Technical Guidance Manual: C. The landfill gas shall be analyzed for the parameters required by 310 CMR 19.132(4) and in addition for methane, carbon dioxide, oxygen, and nitrogen. (2) Sediment Sampling and Analysis Plan a. Within 90 days of the date of this Conditional Approval, the City shall collect two (2) additional sediment samples from the following locations: 1. the area up -stream of the northern property line in order to access the upstream concentrations of sediment and local conditions, and 2. the small inlet immediately to the south of the landfill. (3) Investigation Results The City shall include the results of the investigations required by conditions (1) and (2) above in the Corrective Action Alternative Analysis (CAAA). This shall include an analysis of any trends in the monitoring data, both temporal and spatial. If results of the additional monitoring indicate that landfill gas or sediment contamination pose a actual or potential significant risk to the public health, welfare, public safety or the environment then remedial measures, in addition to a landfill cap, necessary to abate the risk shall be evaluated in the Corrective Action Alternative Analysis (CAAA). SalemLdfCSAAprv3_04 3/2/2004 Salem Salem Landfill (4) Continued Monitoring Page 3 of 3 The City shall continue to conduct environmental monitoring at the landfill in accordance with 310 CMR 19.132 and the approved CSA Scope, until otherwise approved in writing by the Department. This includes conducting the gas monitoring quarterly and groundwater and surface water monitoring semi-annually. This decision is issued by the Department under the authority of MGL, Chapter 111, Section 150A and 310 CMR 19.000. All activities shall be implemented in compliance with 310 CMR 40.0114, Solid Waste Management Facilities, of the Massachusetts Contingency Plan and in a manner consistent with the Department's April 1991 guidance document -Standard References for Monitoring Wells WSC-310-91 and the Landfill Technical Guidance Manual. This decision does not relieve the City of its responsibility to comply with all other r--- ---applicable state -federal, and local -statutes, -regulations and -requirements The -City shall - I Department approval prior to making any significant modifications to the tasks required by this decision or any Department protocol. I The Departmentmay require additional assessment and/or remedial activities at the r. landfill if environmental data indicate that past.w.present activities at the site have contributed to conditions that pose a significant risk to the public health, safety or the environment. t j Should you have any questions regarding this letter, please contact John Morey at (617) 654-6698. 1 Sincerely, Sincere , ((� Jo$m P. Morey John A. Carri Environmental Analyst Section Chie Solid Wast Management JAC/JPMrpm " Cc: John Keenan, Salem City Solicitor, 222 Essex Street, Salem, MA 01970 Robert George, Northside Carting, Inc., 215 Weathersfield, St. Rowley, MA 01969 Sa1emLdfCSAAprv3_04 3/2/2004 N ctvcw�rt,, 3 a m Vlawti4 �gIIarl RECEIVED (ane i�nlent (green iUN 2 21979 Cj-[y OF SALEM June 22, 1979 HEALTH DEPT• SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT MR. ANTHONY V. FLETCHER OF THE SALEM DEPARTMENT OF PUBLIC WORKS SALEM, MASS. 01970 On Thursday, June 21, 1979, the Planning Board of the City of Salem held a public hearing regarding the application of Mr. Anthony V. Fletcher of the Salem Department of Public Works, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to the installation of drainage pipe and fill for embankment stabilization at rear of Transfer Station at Swampscott Road Transfer Station. At a regularly scheduled meeting of the Planning Board on June 21, 1979, the Board voted, by a vote of six in favor, none opposed, to approve the application as complying with the requirements for the issuance of the permit with the following conditions: 1. The work shall be done in accordance with the site plan prepared by City of Salem Engineering Department, entitled Site Plan, Municipal Transfer Station, Swampscott Road, Salem, Ma., dated June 9, 1977 and revised May 1, 1979. 2. The inlet and outlet of the 36" diameter pipe and the outlet of the 12" diameter pipe shall be protected in conformance with Section 258 "Stone for Pipe Ends" Standard Specifications for Highways and Bridges, Mass. Dept. of Public Works, Mass. 1973. 3. During all phases of the work erosion and siltation shall be kept to a minimum by employing procedures recommended in Guidelines for Soil and Water Conservation in Urban Areas of Mass, USDA Soil Conservation Services, 1975. I hereby certify that a copy of this decision has been filed with the City Clerk, and a copy is on file with the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. n WALTER POWER, III Chairman, Planning Board WP:jar