TRANSFER STATION HISTORYCITY OF SALEM, MASSACHUSETTS
Kimberley Driscoll
Mayor
Honorable Salem City Council
Salem City Hall
Salem, Massachusetts 01970
Re: Swampscott Road Landfill Closure
and Redevelopment Update
Ladies and Gentlemen of the Council:
April 4, 2008
RECEIVE®
APR' 14 2008
el FY cF ^LCiiA
BOARD OF HEALTH
I would like to take this opportunity to update the Council on the status of the Massachusetts
Department of Environmental Protection (DEP) ordered landfill closure of the former incinerator
site at 12 Swampscott Road and the proposed transfer and redevelopment of the site.
As you know, City officials were ordered by DEP to attend an Enforcement Conference on
March 13, 2008, for the purpose of providing an update on the status of the landfill closure plan.
In addition, the conference gave the City an opportunity to work on negotiating an agreement
with DEP to modify our existing Administrative Consent Order (ACO) timeline for completion
of the landfill closure, thus bringing us into compliance in an effort to avoid paying a civil
administrative penalty. DEP advised the City that it may be subject to a penalty of $13,750.00,
plus $2,000.00 per day dating back to November 1, 2004 - the date the closure was to have taken
place pursuant to the original ACO. If a penalty of that magnitude were to be assessed, the
City's potential liability would exceed $2 million dollars. DEP officials were clear that their
preference is to work with municipalities on mutually agreeable closure plans, rather than
penalize communities with high fines. However, they were equally clear that the completion of
the landfill closure of the former incinerator site at 12 Swampscott Road is long overdue and
must proceed in a forthright and timely manner for the City to avoid potentially hefty fines.
I personally attended the March 13`h conference at DEP, along with Councilors Pelletier and
Pinto, City Solicitor Elizabeth Rennard, Board of Health Chair Paulette Puleo, Bill Thomson and
Robert George of Northside Carting, and Alan Hanscom of Beta Engineering. At the hearing, the
City presented an update to DEP officials of our work to date with regard to soliciting re -use
proposals for the site, a description of the proposals received, and the anticipated process to
move forward with the review and approval of the recommended proposal. In addition, we
presented a revised draft schedule which would initiate final closing of the landfill by April,
2009, provided that DEP officials would agree to extend the closure date in accordance with the .
proposed timeline. DEP agreed to amend the ACO to reflect the proposed new closure date, but
informed us that they would hold the penalties dating back to November 1, 2004 in abeyance,
pending our successful closure of the landfill by the submitted timeline. A copy of the revised
closure schedule discussed and agreed to by DEP is attached. As you will notice from the
Salem City Hall — 93 Washington Street — Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
schedule, the project has received approval from the Conservation Commission and will be
moving through the MEPA and Board of Health (BOH) review and permitting processes shortly.
As part of the MEPA and BOH processes, several studies have been completed by Northside, the
proposed developer and purchaser of the site, relative to air quality, traffic, and noise. The BOH
will be retaining consultants to conduct peer reviews of these reports, in addition to a review and
cost verification of the proposed closure costs prepared by Beta Engineering.
Given the City's budgetary challenges, we do not have the estimated $2.8 million dollars
necessary to pay for the costs associated with closing the landfill. Assuming the project receives
the required approvals from the Board of Health and City Council as proposed in the attached
timetable, we will need to work diligently to meet the agreed upon closure schedule. In other
words, in order to avoid further DEP penalties, closure by 2009 will require that the
project approvals occur in accordance with the attached timeline.
Most importantly, by transferring the site to the proposed developer, we will be able to avert the
cost of closure at the site (currently estimated at $2.85 million), while at the same time putting
the property back on the tax rolls and generating annual revenues from both real estate taxes and
the proposed per ton tipping fee (combined estimate at $200,000 per year). Lastly, the aesthetics
of the site would be markedly improved and residents would still be able to avail of certain
services at the facility, such as yard waste drop off and the disposal of bulky and white goods.
I encourage you to support this project as it will benefit the entire community and relieve the
City of a substantial liability. Please feel free to contact me with any additional questions or
concerns regarding this matter, or if there is additional information that you feel would be
helpful.
V}}rr��
eer�rytruly yours,
Kim erlecol
�n"11 eTIT-7807 :-1 nil
Salem City Hall — 93 Washington Street — Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
City of Salem
Landfill Closure & Proposed Transfer Station
Project —12 Swampscott Road
Proposed Permitting & Construction Schedule
Meeting /Activity Target Date
Board of Health Coordination Meeting September 1, 2007
City Council Public Hearing #1 (Status Report) November 13, 2007
File Notice of Intent with ConComm February 14, 2008
➢ Public Hearing #1 February 14, 2008
➢ Public Hearing #2 February 28, 2008
➢ Public Hearing #3 March 13, 2008
➢ Order of Conditions Issued March 19, 2008
City Council Public Hearing #2 (Excess Property Designation) February 28, 2008
Supplemental Site Reviews by Northside Carting, Inc.
➢ Traffic Impact Study Draft Complete
➢ Air Quality Impact Study Draft Complete
➢ Noise Study Draft Complete
DEP Enforcement Conference March 13, 2008
Modify Existing ACO with DEP April 2008
Updated Property Appraisal (underway by City Appraiser) April 2008
MEPA Filing — Environmental Notification Form April 2008
Site Assignment - Minor Permit Modification Request to BOH April -May 2008
ENF Comments Due May 2008
MEPA Findings May 2008
Salem City Hall — 93 Washington Street —Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
BOH - Public Hearing (Site Assignment & Tonnage Increase)
Transfer of Property to Northside Carting
NSC to Initiate Final Design
Submit Final Landfill Closure Plans to DEP
Initiate Demolition of Existing Incinerator Buildings
Initiate Landfill Closure & Transfer Station Construction
June 2008
June -July 2008
July 2008
October 2008
February 2009
April 2009
Salem City Hall — 93 Washington Street — Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
D E P
William F. Weld
Gare
Trudy S. Coxe
Secretary, EDEA
Thomas B. Powers
Acting Commlasloner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Metro Boston/Northeast Regional Office
City of Salem, DPW
One Salem Green
Salem, MA 01970
COPY �JU�t 0 31994
Attention: Charles F. Quigley
Dear Mr. Quigley:
RE: ,SALEM Solid Waste
Transfer: Stationj%
Permit�by-Ru-ie"-�
Transmittal No.: 79384
Permit No.: NESW-TS-038
Facility ID No.: TR0258.004
The Metropolitan Boston/Northeast Region, Department of
Environmental Protection, Division of Solid Waste Management, ("the
Department") has received your Application BWP SW 34 Permit by Rule
for the existing City of Salem Transfer Station, located at
Swampscott Road in Salem, Massachusetts. On January 21, 1994; the
Department issued a technical deficiency letter relative to the
City of Salem's application, because the City had not provided
proof that the transfer station had been site assignment.
On April 25, 1994, the Department received copies of minutes
from a Board of Health meeting regarding the site assignment (June
9, 1960) for a incinerator on Swampscott Road. This material was
sent by Joanne Scott, Health Agent for Salem.
The City of Salem Transfer Station has been previously
approved by the Department on September 9, 1975 to receive up to
100 tons per day of refuse. The facility has not been approved to
receive any Special Waste.
The Department has determined that the Permit by Rule
Application fulfills the conditions of 310 CMR 19.023(3) and that
the City of Salem facility is in compliance with the requirements
of 310 CMR 19.200 et seq., Transfer Station Design and operations
Standards.
For the reasons noted above, the Department hereby approves
your application for a Permit by Rule for the City of Salem
Transfer Station subject to the following conditions:
1. Periodic examination of the transfer station site shall
be conducted by a representative of City of Salem, or
their consultant, experienced in solid waste activities.
This examination shall include a check of the area for
the presence of any odors or other nuisances. If odors
10 Commerce Way s Woburn, Massachusetts 01801 • FAX (617) 935-6393 s Telephone (617) 935-2160
City of Salem
Permit by Rule
page 2
or other nuisances are present, it shall be immediately
reported to the Board of Health and appropriate steps
shall immediately bdj;Ntorkd ii-,Cify,of Salem to abate the
3
nuisance condition(s�-,J�;u,,,,m¢
2. The City of Salem shall submit an annual report
summarizing the facility's operations for the previous
calendar year to the Department's Northeast Regional
Office, not later than February 15th of each calendar
year. The annual report shall include, but not
necessarily be limited to:
a. A summary of the year's receipt of wastes,
including the type and tonnage of waste received.
b. An evaluation of the facility's recycling program,
if any, for the prior year describing the rates of
recycling achieved, a breakdown by material type,
and a description of how materials were marketed.
C. A summary of any operational problems or
deficiencies encountered during the year, including
odors or other nuisances, and including
recommendations for changes or modifications to
address the problem(s).
d. A summary of any loads rejected by the facility, or
returned to the facility following rejection by the
disposal facility.
3. The facility shall be operated and maintained in
compliance with the applicable parts of 310 CMR 19.000,
in particular 310 CMR 19.007 through 19.011 (rights of
the Department, submittals, records, monitoring and
supervision), 19.043 ("Conditions for Permits and
Authorizations") and 19.200 et seq ("Part III: Transfer
Station Design and Operations Standards").
4. The facility shall not accept any Special Waste except in
compliance with an approval issued by the Department, in
writing, pursuant to 310 CMR 19.061, Special Waste.
5. In the event any load of waste is rejected by the City of
Salem Transfer Station, or is returned to the City of
Salem Transfer Station, because it contains infectious
waste or asbestos, the operator shall notify the
Department's Division of Solid Waste Management,
Northeast Regional Office within two (2) hours by FAX.
If a FAX machine is not available, this notification may
City of Salem
Permit by Rule
page 3
be made by phone instead within two (2) hours. Such
notification by phone shall be followed up by a certified
letter within 24 hours. This notice (and follow-up
letter where applicable) shall provide to the Department
the following information:
a. origin of load,
b. description of load,
C. reason for rejection,
d. name of hauler and license plate number of the
vehicle involved.
Pursuant to M.G.L.c. 111, section 150A and 310 CMR 19.023, the
approval for this facility issued September 9, 1975] to C.E.
Maguire, Inc. as amended by this approval, shall constitute a
permit and Authorization to Operate (ATO) the City of Salem
Transfer Station located at Swampscott Road, Salem,MA.
NOTICE OF RIGHT TO APPEAL
The City of Salem (City) is hereby notified that it may within
twenty-one (21) days file a request that this decision be deemed a
provisional decision under 310 CMR 19.037(4)(a), by submitting a
written statement of the basis on which the City believes it is
aggrieved, together with any supporting materials.' Upon timely
filing of such a request, the decision shall be deemed a
provisional decision with an effective date twenty-one (21) days
after the Department's receipt of the request. Such a request
shall reopen the administrative record, and the Department may
rescind, supplement, modify, or reaffirm its decision. Failure by
the City to exercise the right provided in this section shall
constitute a waiver of the City's right to appeal.
Appeal. Any person aggrieved by the issuance of this permit,
except as provided for under 310 CMR 19.037 (4) (b) , may file an
appeal for judicial review of said decision in accordance with the
provisions of M.G.L. c. 111, s. 150A, and M.G.L. c. 30A, not later
than thirty (30) days following the receipt of the final permit.
The standing of a person to file an appeal and the procedures for
filing such appeal shall be governed by the provisions of M.G.L.
c. 30A. Unless the person requesting an appeal requests and is
granted a stay of the terms and conditions of the permit by a court
of competent jurisdiction, the permit decision shall remain
effective.
City of Salem
Permit by Rule
page 4
Notice of Action. Any aggrieved person intending to appeal
the grant of this permit to the Superior Court shall first provide
notice to the Department of their intention to commence such
action. Said notice of intention shall include the Department file
number and shall identify with particularity the issues and reasons
why it is believed the permit decision was not proper. Such notice
shall be provided to the Office of General Counsel of the
Department and the Regional Director for the regional office which
processed the permit application. The appropriate addresses to
which to send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street - 3rd Floor
Boston, MA 02108
Regional Director
Department of Environmental Protection
10 Commerce Way
Woburn, MA 01801
No allegation shall be made in any judicial appeal of this
permit decision unless the matter complained of was raised at the
appropriate point in the administrative review procedures
established in those regulations, provided that a matter may be
raised upon a showing that it is material and that it was not
reasonably possible with due diligence to have been raised during
such procedures or that matter sought to be raised is of critical
importance to the environmental impact of the permitted activity.
Should you have any further questions regarding this matter,
please contact Mr. Robert Tanzer at the letterhead address or at
(617) 935-2160.
Si
�
Robert Tanze
Environmental Engineer
TDM/RT/pdb
:! � � - C/)/,,O �jq
Thomas D. Mahin
Chief, Solid Waste Section
Bureau of Waste Prevention
cc: DEP/DSWM/Boston - Attn: Phil Weinberg, Acting Director
DEP/NERD - Attn: Kevin Mahoney
Salem Board of Health
Richard Lis, Assistant City Engineer
SW\SALEM.PBR
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
Salem; Massachusetts 01970
508-741-1800
April 25, 1994
Tom Mahin. Director
Solid Waste
Department of Environmental Protection
10 Commerce Way
Woburn, MA 01801
Dear Mr. Mahin:
Enclosed please find the minutes of the Board of Health Meeting of June 6, 1960 site assigning
an incinerator on Swampscott Road. This location is currently+atransfeestation.
This information is provided in response to a request by Bob Tanzer of your department. Please
advise me if additional information is required.
Sincerely,
FOR THE BOARD OF HEALTH
Joanne Scott, M.P.H., R.S., C.H.O.
Health Agent
JSimp
l. ,cop
a '
t " CITY OF SALEM HEATH DEPARTMENT
BOARD OF HEALTH
9 North Street
-Saler0l? assachusetts 01970
April 25, 1994
Tom Mahin, Director
Solid Waste
Department of Environmental Protection
10 Commerce Way
Woburn, MA 01801
Dear Mr. Mahin:
,4 508-741-1800
Enclosed please find the minutes of the Board of Health Meeting of June 6, 1960 site assigning
an incinerator on Swampscott Road. This location is currently a transfer station.
This information is provided in response to a request by Bob Tanzer of your department. Please
advise me if additional information is required.
Sincerely,
FOR THE BOARD OF HEALTH
Joanne Scott, M.P.H., R.S., C.H.O.
Health Agent
JSimp
June 29, 1960
Special meeting of the Board of Health to consider the monetary increases for
personnel as designed in the new ordinance passed by the Mayor and City Council.
was moved and unanimously carried that the Board go along with the salary schedu
contained in the ordinance.
September 16, 1960
Minutes of previous meeting read and approved as read. Copy of letter writtl
to e the Superintendent of Schools from Dr. Winer relative to the dental needs c
school children was read to the Board. Suggestion: Health Agent will. call Dr.
and invites o meet with Z2,vx
A.Im and Dr. Wilson to discuss this situation.
Delinquent bills of patients at Hospital were next on agenda. Dr. Kaplan reque,
the cleric to make out a list of these accounts and he would discuss same with]
Letter from Dr. Rubenstein relative to previous discussion of additional wing
at hospital was read and placed on file for future reference.
Next was our request for transfer of $1400 for office machines. Dr. Kaplan wil
talk to Councillor Dolan on this.
Renovation of kitchen at hospital. Dr. Toomey informed the Board that anarchi
had agreed to draw out plans for this for a fee of $100. All members agreed th
was an excellent idea.
Chest >May Clinic
Doctor Toomen informed the Board that the Salem Association for the Prevention o:
!>. Tuberculosis office would close their office at the H ealth Center sometime durii
i; next six months, and that the State Departmetn of Health had offered to lend lea.
}, Xray machine to this dept., provided we carry out the screening program and main
the machine in prover order, etc. Dr. McHugh, superintendent of Essex Sanatoriui
` will read the plates. Three of ;our nurses are now going up to lissex Sanatorium
are being shown fundamentals in operating the machine. Dr. Kaplan was in agreem
with Dr. Toomey, thought this was a good opportunity therefore the following mot
were made and unanimously passed:
1. .We hereby establish a Tuberculosis clinic and program as
outlined in the prospectus entitled "Proposed Plans for the Salem Health Departm
Clinic, in cooperation with the Massachusetts Department of Health and Essex San
2. A copy of this motion and a copy of the plans to be forwa
to Mayor Collins.
3. That the following letter be sent to Dr. William 'Weidman.
"The following motion gas unanimously adopted at the
ti meeting of the Board of Health held on Friday, Sept. 16, 1960.
Ft 1 Ti 1-6n n..o.-A ,..-.-anr I -,n nF r6.
of a refuse incinerator plant, that section located
on Swampscott Road off Hi
Avenue, known as -Area 8; in-the;,report
of the J. L.
Hayden Associates, Inc.,
-
February 1960. --Motion seconded by Mr.
Kinsella, so
voted. Meeting adjourned
Motion was made and unanimously carried
to transfeJ-���
6.00 fA trati
ries to Administration Expenses.
{ �i
�� t /1 " z .\-
Elinor C. Horan, Cler
June 29, 1960
Special meeting of the Board of Health to consider the monetary increases for
personnel as designed in the new ordinance passed by the Mayor and City Council.
was moved and unanimously carried that the Board go along with the salary schedu
contained in the ordinance.
September 16, 1960
Minutes of previous meeting read and approved as read. Copy of letter writtl
to e the Superintendent of Schools from Dr. Winer relative to the dental needs c
school children was read to the Board. Suggestion: Health Agent will. call Dr.
and invites o meet with Z2,vx
A.Im and Dr. Wilson to discuss this situation.
Delinquent bills of patients at Hospital were next on agenda. Dr. Kaplan reque,
the cleric to make out a list of these accounts and he would discuss same with]
Letter from Dr. Rubenstein relative to previous discussion of additional wing
at hospital was read and placed on file for future reference.
Next was our request for transfer of $1400 for office machines. Dr. Kaplan wil
talk to Councillor Dolan on this.
Renovation of kitchen at hospital. Dr. Toomey informed the Board that anarchi
had agreed to draw out plans for this for a fee of $100. All members agreed th
was an excellent idea.
Chest >May Clinic
Doctor Toomen informed the Board that the Salem Association for the Prevention o:
!>. Tuberculosis office would close their office at the H ealth Center sometime durii
i; next six months, and that the State Departmetn of Health had offered to lend lea.
}, Xray machine to this dept., provided we carry out the screening program and main
the machine in prover order, etc. Dr. McHugh, superintendent of Essex Sanatoriui
` will read the plates. Three of ;our nurses are now going up to lissex Sanatorium
are being shown fundamentals in operating the machine. Dr. Kaplan was in agreem
with Dr. Toomey, thought this was a good opportunity therefore the following mot
were made and unanimously passed:
1. .We hereby establish a Tuberculosis clinic and program as
outlined in the prospectus entitled "Proposed Plans for the Salem Health Departm
Clinic, in cooperation with the Massachusetts Department of Health and Essex San
2. A copy of this motion and a copy of the plans to be forwa
to Mayor Collins.
3. That the following letter be sent to Dr. William 'Weidman.
"The following motion gas unanimously adopted at the
ti meeting of the Board of Health held on Friday, Sept. 16, 1960.
Ft 1 Ti 1-6n n..o.-A ,..-.-anr I -,n nF r6.
::
the�s;�
at -
s of i 1d for the purpose of opening bids for bulldozing at the
borough Road. Meeting came to order -at 12:00 Noon with
he s J 'd present. Bids were opened and are I fisted as follows:
N
r $75.00 per eight hour day.
$68.00 per eight hour day.
ear. $124.80 for a two eight hour day period.
Lord and seconded by Dr. Kaplan: "Mr. Noonan, having entered his bid
960
Dr
I of the Board of Health was held on June 6,`1960 at 12:00 Noon to
he assignment of another site for the erection of a refuse incinerator.
S,n was held as to the legal aspect of rescinding the former location
tenbeen assigned and reassigning another location. Mr. Kinsella recommended
Health Agent contact the City Solicitor and obtain a ruling on this.
lardjourned at 1:45 P. M.
a1
1Yinor C. Horan, Clerk
the ,. 1960
a r
to gular meeting of the Board of Health was held at 3:30 P. M. with all members
P•'t. Minutes of previous meeting were read and motion made. and carried that they
proved as read.
ctors report of the sanitary condition at the Do Nut Holet on Highland Avenue in
Health Agent stated that this esthblishment had been inspected by our
as Ctors and that we had received very little cooperation from the owner.
omey stated that he thought we should take court action. Board was in agreement
d this procedure.
t t Road: Agent reported that everything was straightened out on the Laurent Road
,etion, and the Superintendent of Streets was ready to go to work just as soon as
5 ceived word. Dr. Toomey will recheck with the City Engineer.
ing of new incinerator site: Mr. Kinsella stated that be would not vote for the
ding of previous selected site, unless weave due notice and conducted a public
g first. Motion was then made which is toNfrowarded to the City Council for their
g later this evening. Motion by Mr, Lord: Pursuant to the request of the Mayor
1Y and after
ity Council, the Board of Health at its regular meeting held on June 9, 1960
usits
recommends and assigns as a site for the erection:
Y
r, procedure at the rate of $124.80 for a two dayweek period, he having
pwest bidder, I move that he be awarded the contract as of
May 15, 1960
Cle=
ugh March 31, 1961."
f Health Department Personnel. Motion made and carried:
"Vacations
gtrative Office and Heads of Divisions, plus all hospital personnel
shall
ith the Agent at least one month before vacations start,
copy of same
11
arded to Board Members." Recommended to notify Division
heads that
,rev
has passed this as a rule.
e
ad. Dr. Toomey informed the members that he had talked to
Mayor Collins
on
d
:.his understanding that the City Engineer had agreed to go
through the
t�
San to correct the condition on Laurent Road.
nov'
:)f=
ics. Tentative dates of Saturday June 4 and June 11 were
set for the
Io Clinic. Meeting adjourned at 1:45 P. M.
rely
tha
�L✓/
1�Q-�
�r b
960
Dr
I of the Board of Health was held on June 6,`1960 at 12:00 Noon to
he assignment of another site for the erection of a refuse incinerator.
S,n was held as to the legal aspect of rescinding the former location
tenbeen assigned and reassigning another location. Mr. Kinsella recommended
Health Agent contact the City Solicitor and obtain a ruling on this.
lardjourned at 1:45 P. M.
a1
1Yinor C. Horan, Clerk
the ,. 1960
a r
to gular meeting of the Board of Health was held at 3:30 P. M. with all members
P•'t. Minutes of previous meeting were read and motion made. and carried that they
proved as read.
ctors report of the sanitary condition at the Do Nut Holet on Highland Avenue in
Health Agent stated that this esthblishment had been inspected by our
as Ctors and that we had received very little cooperation from the owner.
omey stated that he thought we should take court action. Board was in agreement
d this procedure.
t t Road: Agent reported that everything was straightened out on the Laurent Road
,etion, and the Superintendent of Streets was ready to go to work just as soon as
5 ceived word. Dr. Toomey will recheck with the City Engineer.
ing of new incinerator site: Mr. Kinsella stated that be would not vote for the
ding of previous selected site, unless weave due notice and conducted a public
g first. Motion was then made which is toNfrowarded to the City Council for their
g later this evening. Motion by Mr, Lord: Pursuant to the request of the Mayor
1Y and after
ity Council, the Board of Health at its regular meeting held on June 9, 1960
usits
recommends and assigns as a site for the erection:
Y
Re. Salem - Solid Wastes
Plan Approval for Transfer
Station
4. operational records shall be kept of the total weights of refuse
handled at this facility.
S. no changes shall be made in these plans without the written
approval of the Department of Environvental t)uality EngineeringHe .
ted for
art since iteisaexemptsunndder the Environmental Protectit form is required to be on
RMI&tiansthis
office" Executive
be�ea determinedto oAffairs*
cause significant damage to thein irronment-
Enclosed herewith are three (S) stamped approved copies of the pians,
uy of which mast be kept an the site and used for construction purposes.
Very truly yours,
For the coem+issioner,
Kenneth A. Tarbell
Regional Sanitary Engineer
/Esgi/km
Sales Health Department
William F. Weld
G.mor
Daniel S. Greenbaum
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Metro Boston/Northeost Regional Office
City of Salem, DPW
One Salem Green
Salem, MA 01970
Attention: Charles F
Dear Mr. Quigley:
JAN 1i!`19-4
RE¢' SALEMh- Solid Waste
Permit°By Rule
Traris"ferxStation
Technical Deficiency
Quigley Transmittal # 79384.
The Department of Environmental Protection, Metropolitan
Boston, Northeast Region, Division of Solid Waste Management (the
"Department") has received your Application for a Permit of an
Existing Transfer Station, BWP SW 34 (Permit by Rule), on December
21, 1993. The facility to be permitted is located off Swampscott
Road in Salem, Massachusetts.
The Department has reviewed your application and determined
that the City of Salem has failed to document that the transfer
station has been site assigned as is required by 310 CMR 19.023
(3)(c)3 in order to be eligible for Permit by Rule. Personnel of
the Department have previously spoken with Richard Lis, Assistant
City Engineer at which time the Department requested that
verification of the site assignment be submitted to the Department.
At present the Department has not received the information as
requested. This information is required before a "Permit by Rule"
can be granted by the Department. The Department has therefore
concluded that your application is technically deficient.
Within thirty (30) days of receipt of this letter, the City of
Salem must correct the deficiency as stated above or your Permit by
Rule application will be deemed to have been withdrawn.
If you have any further questions regarding this matter,
please contact Mr. Robert Tanzer at the letterhead address or by
telephone (617) 935-2160.
Sincerely, Sincerely,
Robert Tanzer Thomas D. Ma in
Environmental Engineer Chief, Solid Waste Management
TDM/RT Bureau of Waste Prevention
cc: Salem Board of Health
DSWM, Boston, Attn: Philip Weinberg, Acting Director
10 Commerce Way 0 Woburn, Massachusetts 01801 • FAX(617)935-6393 • Telephone (617) 935-2160
ilaparnt of Im:-frntrN�nt,:7+.ylit.v Enc,'ir,-oaring
Division of Dvirnratontal I;eal>:h
Sey�tF:r;�er �, 195
C E. Nnguire, Inc, PC 1vflc?.t Sll{i ha tlxs
Comtitstion Fr;gitneerfng, Ind, }dais :,.Pproval for Transfer
31 Canal Street Station
Providence, Rhoda Island 02903
Attention: John b, Pillshsrry
Gentlemenr
The iinpartrment of Envirnnwntal "a;ality znq{t,re?inch, ii. 1 tai cit r. ter
yQF�r renUr:lf itS r?11i7fi i SF!t Ji )I,*ns fCi3' 4 11?Ct{lSll iSi .s r? n�il>
tra7trti8r st,3ti(�n pr' i}ln S1i<t i,:f -1;hi; ir7:isting Sale`1 Trictrivratoroc� tf3tl Of
f"wampscott Poad in the City of Salom. V'o pLarm es ist of twelvo (17)
sheets., the First of which is.' titlorl:
City of Solen,, Massachusetts
Municipal Solid Wasta Transfer Station
C.E. Maguirrn, Ind.
Date.- April 1975
It is proposed to construct a refuse transfer station utilizing t,
portion of the existing incinerator building. The solid t%ste will to
handled by tnears of tvfn (2) stationary compactor units with associated transfer
trailers. Final disposal Of All solid waste will be At the SCA Services,
Inc, sanitary landfills located in Mosbury, Massachusetts,.
The, Department of Environmental Quality Engineering is of the opinion
that the plans reviewed are devaloped in accordance with current environ-
Mental engineering practices and hereby approves the above-described plans
subject to the following conditions:
1. This approval is limited to the handling of 100 tons per day of
refuse.
2. All existing uncovered ash and refuse shall be covered with a
MMmum of two (2) feet of impervious material the top four (4)
Inches of which shall be capable of supporting vegetation.
3. This office shalt be contacted ,after completion of this project
so that an inspection of the facility can be made.
-2 -
Cie., Salem - solid wastes -
Plan Approval for Transfer
Station
4. Operational records shall he kept of the total weights of refuse
handled at this facility.
S. No changes shall be tide in these plans without the written
approval of the Department of Envirom*jital Quality Engineering.
No envir~ntai ,assessment form it required to be submitted for this
Of thetsince it is Executive Office of Environmentalt under iAffalrsgianQ� h�tnrdjectuhasions
re -
fore been determined to cause no significant damage to the environment,
Enclosed herewith are three (3) stafaped approved copies of the plans
a copy of which must be kept on the site and used for construction purposes,
Yery truly yoursi,
For the Co nnissionerr
Kenneth.A. Ta
rbell
Regional Sanitary Engineer
KATIEsglfkm
Cez Saler Health Depart"nt
OEP
INSTRUCTIONS
1. Use a separate
Transmittal Form
for each permit
application/category.
2. Use an original,
3 -part Transmittal
Form for each
permit application/
category.
Photocopies will not
be accepted for
permit application or
Payment. (You may
use photocopies for
reserve location,
where applicable.)
3. Make check
payable to
Commonwealth of
Massachusetts.
Please mail check
and ye/lowcopy of
transmittal form to:
apt. of Environ-
mental Protection,
P.O. Box 4062,
Boston, MA, 02211.
4. Both fee exempt
and non-exempt
applicants must
mall yellow copyof
transmittal form to:
Dept. of Environ-
mental Protection,
P.O. Box 4062,
Boston, MA, 02211.
Massachusetts Department of Environmental protection
Transmittal Form for Permit Application
and Payment
Permit Information
ftmnaaw
Brie/ Project Description
Applicant4egally Responsible Official
79384
Transmittal /
O
Facility ID (if known)
L41J.?J-1_L�i✓i�
A�iecs JJ
3WAV.
Facility Information
JOnXITOM__I GGDR ■ 7
Telephone
Application Prepared By
L
�ephone
Other Related Permlls. Are you applying for other permits related to this permit? nso, please list them below.
Amount Due
Special Provisions: R Fee Exempt (city, town, district, or municipal housing authority) (state agency if permit fee is $100 or less)
❑ Hardship Request (payment extension according to 310 CMR 4.04(3)(c)
❑ Alternative Schedule Pm)ect Request (according to 310 CMR 4.05 and 4.10)
Check No.
Dollar Amount $
Make check payable to Commonwealth of Massachuseffs. Please mail check and ye110wc0py of transmittal form to:
Dept. of Environmental Protection, P.O. Box 4062, Boston, MA, 02211
INSTRUCTIONS
1. Use a separate
Transmittal Form
for each permit
application/category.
2. Use an original,
3 -part Transmittal
Form for each
permitapplication/
category.
Photocopies will not
be accepted for
permit application or
payment. (You may
use photocopies for
reserve location,
where applicable.)
3. Make check
payable to
CommomseaBh of ,
Massachuseffs.
Please mail'check
and Yellow copy 'of
/--Nansmittal form to:
ept. of Environ-
--mental Protection,
P.O. Box 4062,
Boston, MA, 02211.
4: Both tee exempt
and non-exempt
applicants most
mall yellowcopyof
transmittal form to:
Dept. of Environ-
mental Protection,
P.O. Box 4062,
,,Boston, MA, 02211.
a .
AlassuchasettsDepertntentofEnrlronmenta/Protection ForoFPUasenF { r7 S 4
Transmittal Form for Permit Application TianBmitlall
aevlewer
and Payment PemAOApp;.CDened C�
OeUsion nab � � Facility ID (if known)
Permit Inform n
ftnAr Ca% (wren o5axru wtls h°m Ik filk oar applimrim MrmJ�
ramurrm°
BriefFroied DWip110
ApplicanULegally Responsible Official
L i_%ALJ
a,wm --
Facility Information
ftne°IFxiliN -
1�L'�
address _
�'li � �,i�LF-1 �__� � �1 �__LVi L�1_�S_.f�.._L-_.�-
CiN/Iawn rtleprwre
Application Prepared By
0
el�fwrc ' -
{�
Other Related PermltS. Are you applying for other permits related to this permit? irso, please 1141 them below.
Amount Due
Special Provisions: EIFee Exempt (city, town, district, or municipal housing authority) (state agency if permit tee is $100 or less)
❑ Hardship Request (payment extension according to 310 CMR 4.04(3)(c)
❑ ANemative Schedule Pm)ect Request (according to 310 CMR 4.05 and 4.10)
Check No.
Dollar Amount $
Make check payable to Commonwealth of Masuohusetls. Please mail check and yellow copy of transmittal form to:
Dept. of Environmental Protection, P.O. Box 4062, Boston, MA, 02211
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management
BWP SW 04 Existing Transfer Stations or Handling Facilities
BWP SW 09 Existing Landfill
BWP SW 16 Existing Combustion Facility
BWP SW 34 Permit by Rule - Certain Existing Transfer Stations
Application For Existing Solid Waste Management Facility
Facility Information
1. Which permit category are you applying for?
❑ BWP SW 04 ❑ BWP SW 09 ❑ BWP SW 16 P( BWP SW 34
..............................
Transmittal i
Facility ID (Yknown)
I, Special waste (370 CMR 19.061)................................................................... i ..........................
g. The facility specific parts of these regulations
governing environmental protection and
monitoringsystems ................................. ....... ---------.....—
Page 1 of 4 '
Plan / Report 11
Page 11 DEP USE ONLY
Directions:
I. Plan/ReportSubmissions
Specify the plan/
A. General Requirements for All Facilities
Recycling and composting plan
report and page
(310 CMR 19.030(4) (a))
(310 GMR 19.030(3)(c)2.1................................................................... ............................
numbers in which
c.
Operation and Maintenance plan
the following
(310 CMR 19.030(3)(C)4.1
information is
1. Name and address of current owners and operators: ...............
................. ............................
..._....._�.{�
requested is not
1310 CMR 19.030(3)(0)5)................................................................... .........................
applicable.
2. Locus map -------..-_.._.__
----
For BWP SW 04
e.
Authorization to operate (310 CMR 19.042).................................................................. ........................--
complete IA. II
3. Site plan
and III;
4. Facility description ----- -
------ ....-------------
for BWP SW 09
complete IA, Il, III
B. Additional Requirements for Landfills that will dispose
and IB or IC;
of waste on or after 1/1/94 and Combustion Facilities
for BWP SW 16
(310 CMR 19.030(4) (b))
complete IA and
1. Modifications and Corrective Actions Particularly
IB, II and III;
I, Special waste (370 CMR 19.061)................................................................... i ..........................
g. The facility specific parts of these regulations
governing environmental protection and
monitoringsystems ................................. ....... ---------.....—
Page 1 of 4 '
a.
Waste Control (310 CMR 19.017) _-..-..._.-...
for BWP SW 34
complete IA and
b.
Recycling and composting plan
ID.
(310 GMR 19.030(3)(c)2.1................................................................... ............................
c.
Operation and Maintenance plan
Enter NA if
(310 CMR 19.030(3)(C)4.1
information
d.
Closure/post-closure plan
requested is not
1310 CMR 19.030(3)(0)5)................................................................... .........................
applicable.
e.
Authorization to operate (310 CMR 19.042).................................................................. ........................--
I, Special waste (370 CMR 19.061)................................................................... i ..........................
g. The facility specific parts of these regulations
governing environmental protection and
monitoringsystems ................................. ....... ---------.....—
Page 1 of 4 '
Massachusetts Department of Environmental Protection
.Bureau of Waste Prevention — Solid Waste Management
Transmittal) '
BWP SW 04 Existing Transfer Stations or Handling Facilities
t BWP SW 09 Existing Landfill
facility ID (ilknown)
BWP SW 16 Existing Combustion Facility
BWP SW 34 Permit by Rule - Certain Existing Transfer Stations
Application For Existing Solid Waste Management Facility
C. Additional Requirements for Landfill that will not "
dispose of waste on or after 1/1/94 f310 CMR 19.030(4)(c)).
Plan / Report fl Page # DEP USE ONLY
1. Topographic Map `.....................................
2. Schedule for closure including ISA/CSA scope
(310 CMR 19.150)
3. Estimate of closure and post closure costs
4. Method to finance closure/post closure costs
D. Additional requirements for Permit by Rule for certain existing transfer
stations (310 CMR 19.023)
1. Documentation of:
a. Not sited in an area described at 310 CMR 19.038(2)(b)1 or 2
b. Operation before 1/1/90
c. Valid site assignment
d. Valid existing plan approval or permit
e. Compliance with existing plan approval or permit
f. No outstanding permit enforcement actions
IL Documentation
A. Site Assignment Documentation
B. MEPA Compliance
C. Wetlands Order Of Conditions
D. Waste Disposal Contract (Transfer Stations)
E. Prior Dept. Approvals
F. Financial Assurance (310 CMR 19.051)
III. Permit Criteria (310 CMR 19.038)
A. MEPA Compliance
B. Site Assignment Limits
41\
41\
Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management
BWP SW 04 Existing Transfer Stations or Handling Facilities
' BWP SW 09 Existing Landfill
BWP SW 16 Existing Combustion Facility
BWP SW 34 Permit by Rule - Certain Existing Transfer Stations
Application For Existing Solid Waste Management Facility
Plan / Report 9 Page #
C. Compliance with Facility Specific Regulations
D. Health and Environmental Impact Assessment
E. Compliance with Other Applicable Laws and Regulations
F. Compliance with Waste Control
G. Enforcement Status
H. Bird Hazard
I. Structural Support
J. Wildlife Endangerment
K. Location Restrictions
1. Combustion Facilities and Handling Facilities
a. Zone II
b. IWPA
c. Unmonitorable Area
d. Waste Handling Setbacks
2. Landfills
a. Zone II
b. Public Water Supply
c. IWPA
d. Sole Source Aquifer
e. Unmonitorable Area
f. Gas Control
g. Leachate Containment Structures
h. Waste Deposition Setbacks
I. Seismic Impact Zone
J. Unstable Area
ONLY
Massachusetts Department of Environmental Protection
Bureau of Waste Prevention — Solid Waste Management
BWP SW 04 Existing Transfer Stations or
t BWP SW 09 Existin Landfill
.......... ............. __....: ,
rransrriffall
Handling Facilities .'. ....
g
BWP SW 16
Existing Combustion Facility Facility ID(if known)
BWP SW 34
Permit by Rule - Certain Existing Transfer Stations
Application For Existing Solid Waste Management Facility
Certification: 310 CMR 19.011
Any person, required by these regulations or any order issued by
the Department, to submit papers shall Identify themselves by
name, profession, and relationship to the applicant and legal
interest in the facility, and make the following certification: 'I
certify under penalty of law that I have personally examined and
am familiar with the information submitted in this document and
all attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe
that the information is true, accurate and complete. I am aware
that there are significant penalties both civil and criminal for
submitting false information including possible fines and
imprisonment.
.......... ...................._....
PnnIN e
........................................................
arized Signature
Posloonlrin'e
Date
7,-zo-�3
Rev arae Pepe 4 of 4
IA. Plan/Report Submissions
General Requirements for All Facilities
1. Facility Name: Salem Transfer Station
Address: Swampscott Road
Owner: City of Salem
Operator: Department of Public Services
One Salem Green
Salem, MA 01970
(508) 745-9595 x321
2. Locus Map: See attached sheet
Site Plan: See attached sheet
Copied from approved plan titled,
City of Salem, Massachusetts Municipal
Solid Waste Transfer Station, Designed by
CE Maguire, Inc., April 1975
Facility Description:
This facility was originally constructed as a incinerator
in 1961. The incinerator was in operation from 1961 tc
1975. The city closed down the incinerator portion of
the main building due to state and federal regulations.
The hopper area was modified and compactors where added
so the facility could be used as a transfer station for
the city wide curb side solid waste collection and drop
off center. In 1978 the transfer of curb side waste at
the facility was discontinued. The curb side collection
from then on has been hauled directly to a land fill or
RESCO by the city's collection contractor. From 1979 to
1987 the transfer station was open to the public and
contractors for disposing of refuse for a tipping fee.
From 1987 to present the city still maintains one hopper
with compactor for waste collected from its parks,
downtown pedestrian areas and other various city owned
buildings.
Sheet - la
jog tA
CITY OF SALEM SHEET NO. L!�
ENGINEERING DIVISION °F
One Salem Green CALCULATED SY�� DATE Z - u 3
Salem, MA 01970 CHECKED BY DATE
(508) 745-9595 x-327 t "_
W
t,l
—
if
i
all
d IVAT<N �
/G GLVEMCIO"
CURVE DATA ST
CURVE OAT
70*
go,
T-95, b5'
L-148 loz,
A.
70—
-1 1
5,
Al
0.0.- a. '90-11
16;
�00
PLAN Copied From approved plan titled,
SCALES IM F77. City of Salem, Massachusetts) Municipal
Solid Waste Transfer Station, Designed by
CE Maguire, Inc., April 1975
7�
3N
/00
/20
1D. Plan/Report Submissions
Additional requirements for Permit by Rule for certain
existing transfer stations.
lb. See attached letter from DEQE dated May 9, 1988,
referring to inspection of existing facility.
lc. Forthcoming from the City of Salem, Department of Health.
Id. DEP approved existing plan on Sept. 9, 1975
Plan approved was Titled, City of Salem, Massachusetts
Municipal Solid Waste Transfer Station, Designed by CE
Maguire, Inc., April 1975.
le. At present the city is in compliance with the existing
plan approval as stated in the attached letter from DEQE
dated May 9, 1975.
If. At this time the city is not aware of any outstanding
permit enforcement actions.
Sheet = 4a
S. RUSSELL SYLVA
9f§_nffffner
/ !/
Salem Public Works
Salem City Hall
Salem, MA. 01970
Gentlemen:
May 9, 1988
Salem -Solid Wastes
Transfer Station
310 CMR 18.00
On April 26, 1988 an inspection was conducted concerning the municipal
transfer station by personnel of the Metropolitan Boston/ Northeast Region of
the Department of Environmental Quality Engineering, Division of Solid Waste
Management. The inspection revealed that the transfer station located on
Danvers Road (sometimes referred to as Swampscott Road) was operating in
compliance with 310 CMR 18.00 "Regulations for the Installation, Operation and
Maintenance of Solid Waste Transfer Stations". During the inspection the
operator of the transfer station informed the inspector from D.E.Q.E. that the
only material that was being processed since October of 1987 originated from
the Salem Housing Authority and the Salem School System. The inspector was also
informed that commercial refuse had been discontinued as of that same date.
Should any conditions as stated above change, The City of Salem shall be
required to notify the Department in writing and monthly tonnage reports shall
to be submitted to the Department.
Should you have any questions in
hesitate to contact Mr. Robert Tanzer
617-935-2160.
RJC/RT/bt
cc:
Salem Board of Health
Salem City Hall
Salem MA, 01970
DSWM
One Winter St.
Boston MA, 02108
Attn: R Gioiosa
regarding this letter, please do not
at the above address or telephone
6Na.z 5cL
ry truly your�s,/^
i
Richard J. halpin
Deputy Regional
Environmental Engineer
L4 COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
UV DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200
DEVAL L. PATRICK IAN A. BOWLES
Governor
Secretary
TIMOTHY P. MURRAY ARLEEN O'DONNELL
Lieutenant Governor
Commissioner
January 26, 2007
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental
Protection.
Bill Thomson
Northside Carting
210 Holt Road
North Andover, Massachusetts 01845
Re: Salem — Solid Waste
Salem Transfer Station.
Waste Ban Plan Conditional Approval
Transmittal Number: W081188
FMF No: 39974
Dear Mr. Thomson:
The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau. of Waste
Prevention, Solid Waste Section (MassDEP) has reviewed and hereby approves, with conditions, your
revised Waste Ban Plan dated January 24, 2007, for the Salem Transfer Station located at 12 Swampscott
Road in Salem Massachusetts (the Facility). The revised Waste Ban Plan was received by MassDEP on
January 25, 2007.
This permit also incorporates the requirement for facility inspections as required by 310 CMR 19.207(25).
This inspection requirement was communicated to you by letter dated April 3, 2006.
Waste Ban Compliance Plan
As stated in the revised Waste Ban Compliance Plan, Northside Carting does not accept waste loads in
vehicles with a capacity of greater than 5 cubic yards. Northside Carting will record all failed loads
discovered during ongoing inspections, send failed load letters to waste haulers, identify the waste
generators where possible, and send failed load letters to contract municipalities. Northside Carting has
revise its on-site signage to reflect the new bans
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-5.56-10.57. TDD Service- 1-800-298-2207.
http://W W W.mms.gov/dep • Fax (978) 694-3499
0 Printed on Recycled Paper
Salem
Salem Transfer Station
MassDEP Determinations
Page 2 of 4
Revised Waste Ban Plan
MassDEP has reviewed the proposed Waste Ban plan for the Facility in accordance with the
Massachusetts Solid Waste Regulations 310 CMR 16.00 & 19.000. This document is a permit issued
pursuant to Massachusetts General Laws Chapter 111, Section 150A and the regulations promulgated
thereunder at 310 CMR 19.000. In the event this permit conflicts with all or parts of prior plan approvals
or permits issued pursuant to MGL Chapter 1 11 Section 150A, the terms and conditions of this permit
shall supersede the conflicting provisions of such prior permits or approvals. This permit does not convey
property rights of any sort or any exclusive privilege. The conditions upon which this permit is
contingent are presented below. This permit is also subject to the standard conditions found at 310 CMR
19.043(5).
Conditions
A. General
1. All terms and conditions of the current operating permit(s) for the Facility shall remain in full
force and effect except as may be modified by this approval.
2. This approval is subject to any restrictions contained in the Facility's site assignment or any
restrictions contained in applicable state and federal laws and regulations.
3. Failure to comply with the waste ban requirements at 310 CMR 19.017 or the inspection
requirements of 310 CMR 19.207(25) may result in enforcement action, potentially including a
notice of non-compliance or enforcement order and/or penalty.
4. MassDEP and its agents and employees shall have the right to enter upon the Facility site at all
reasonable times and without notice, to inspect the Facility and any equipment, structure or land
located thereon, take samples, recover materials or discharges, have access to and copy records,
to perform tests and to otherwise monitor compliance with this approval, or any and all permits
relative to the operation of the Facility, and all environmental laws and regulations. The right of
entry and inspection shall be in addition to MassDEP access authorities and rights under
applicable federal and state laws and regulations, as well as any permits or other agreements
between the Permittee and MassDEP.
B. Waste Ban Plan
1. This conditional approval supersedes and replaces in its entirety any previous waste ban plan
approvals issued to the Facility.
2. All activities at the Facility conducted to comply with the waste ban requirements at 310 CMR
19.017 shall be in strict accordance with the waste ban compliance plan as submitted in your
application and this approval.
3. Prior written approval from MassDEP is required before any changes or modifications can be
made to the Facility's waste ban compliance plan requirements.
4. A summary of waste ban compliance activities at the Facility shall be reported in the inspection
reports (see inspection section below) submitted to MassDEP.
SalemWBPlan 1_25_07 1/25/2007
Salem
Salem Transfer Station
Page 3 of 4
Revised Waste Ban Plan
5. An annual summation of waste ban compliance activities at the facilities shall be reported in the
appropriate section of the Facility's "Annual Solid Waste Facility Report" submitted to MassDEP
by February 15`h of each calendar year. Compliance with this condition will be determined by the
date of receipt or the post -marked date, whichever is earlier.
6. MassDEP reserves the right to modify the Facility's waste ban compliance plan based upon a
determination that restricted materials are being disposed of or transferred for disposal in excess
of approved amounts.
C. Inspections
1. Starting on January 1, 2007 the Facility shall conduct two (2) inspections per year
The inspections shall be conducted by licensed professional engineers or other qualified
environmental professionals as determined by MassDEP. The qualifications of any inspectors
that are not registered professional engineers must be submitted with the inspection reports. A
copy of the inspection report shall be submitted to MassDEP within 14 days of the date of the
inspection and shall be consistent with 310 CMR 19.207(25).
The inspection reports shall provide a side-by-side comparison of the Facility's operation relative
to the revised regulations. That comparison shall identify whether or not the Facility is in
compliance with each of the operating and maintenance requirements of 19.207. Where the
Facility is not in compliance with the revised regulations,
intended actions to bring the Facility into compliance
implementing that compliance activity.
RIGHT OF APPEAL
the report shall identify the operator's
as well as provide a schedule for
Right to Appeal- Northside Carting 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 Northside Carting 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 MassDEP's receipt of the request. Such a
request shall reopen the administrative record, and MassDEP may rescind, supplement, modify, or
reaffirm its decision. Failure by Northside Carting to exercise the right provided in this section shall
constitute a waiver of Northside Carting's right to appeal.
This approval has been issued pursuant to M.G.L. Chapter 111, Section 150A, and 310 CMR 19.037:
Procedure for Existing Facility Permits, Permit Modifications, Permit Renewals and other Approvals, of
the "Solid Waste Management Regulations". Pursuant to 310 CMR 19.037(5), any person aggrieved by
the issuance of this determination may file an appeal for judicial review of said decision in accordance
with the provisions of M.G.L. Chapter 111, Section 150A and M.G.L. Chapter 30A not later than thirty
days following receipt.
Notice of Appeal - Any aggrieved person intending to appeal the decision to the superior court shall
provide notice to MassDEP intention to commence such action. Said notice of intention shall include the
MassDEP File Number listed above (File #) and shall identify with particularity the issues and reason (s)
SalemWBPlan1_25_07 1/25/2007
Salem
Salem Transfer Station
Page 4 of 4
Revised Waste Ban Plan
why it is believed the approval decision was not proper. Such notice shall be provided to the Office of
General Counsel of MassDEP and the Regional Director for the regional office that made the decision.
The appropriate addresses to send such notices are:
Office of General Counsel
Massachusetts Department of
Environmental Protection
One Winter Street
Boston, MA 02108
Mr. Richard J. Chalpin
Regional Director
Massachusetts Department of
Environmental Protection
Northeast Regional Office
205B Lowell Street
Wilmington, MA 01887
No allegation shall be made in anyjudicial appeal of this decision unless the matter complained of was
raised at the appropriate point in the administrative review procedures established in those regulations,
provided that matter may be raised upon showing that it is material and that it was not reasonably possible
with due diligence to have been raised during such procedures, or that matter sought to be raised is of
critical importance to the public health or environmental impact of the permitted activity. .
If you have any questions or comments regarding the above matter, please contact John Morey of at 978-
694-3297.
Sincerely,
This final document copy is being provided to you electronically by the
Department of Environmental Protection. A signed copy of ibis document
is on file at the DEP office listed on the le fechead.
John P. Morey
Environmental Analyst
Cc:
Joanne Scott, Salem Health Agent (e -copy)
Email: iscottsalem.com
Sincerely,
This final document copy is being provided to you eledronically by the
Department of Environmental Protection. A signed copy of ibis document
is on file at the DEP office listed on the letterhead.
John A. Carrigan
Section Chief
Solid Waste Management
SalemWBPlan1_25_07 1/25/2007
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON — NORTHEAST REGIONAL OFFICE
205B LOWELL STREET, WILMINGTON, MA 01887 • (978) 694-3200
MITT ROMNEY STEPHEN R. PRITCHARD
Governor
Secretary
KERRY HEALEY ROBERT W. GOLLEDGE, Jr.
Lieutenant Governor Commissioner
This is an electronic facsimile of a document on file with the Massachusetts Department of
Environmental Protection.
Bill Thomson
Northside Carting
210 Holt Road
North Andover, Massachusetts 01845
Dear Mr. Thomson:
June 30, 2006
RE: Salem—Solid Waste Management
Salem Transfer Station
Waste Ban Compliance Plan
FMF Number: 39974
BWP SW 21Transmittal Number: W081188
Notice of Technical Deficiency
The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau of
Waste Prevention, Solid Waste Section (MassDEP) has reviewed the modified waste ban plan dated
March 27, 2006, for the Salem Transfer Station located at 12 Swampscott Road in Salem Massachusetts
(the Facility). The plan was received by MassDEP on March 27, 2006.
As stated in the Waste Ban Compliance Plan, Northside Carting accepts waste loads in vehicles with a
capacity of greater than 5 cubic yards, will conduct ongoing waste ban inspections, and will conduct a
minimum of four (4) random, comprehensive load inspections per month, using Option A, opening and
inspecting bags. Northside Carting will record all failed loads discovered during ongoing and
comprehensive inspections, send failed load letters to waste haulers, identify the waste generators where
possible, and send failed load letters to municipalities. Northside Carting will revise its on-site signage to
reflect the new bans prior to June 30, 2006, and implement the new bans by July 1, 2006.
MassDEP has reviewed the proposed Waste Ban Plan (Plan) for the Facility in accordance with the
Massachusetts Solid Waste Regulations 310 CMR 16.00 & 19.000. MassDEP has determined that the
Waste Ban Plan is technically deficient and must be revised in accordance with the requirements stated
below for MassDEP to complete the review of your application:
This information is available in alternate format. Call Donald A Gomes, ADA Coordinator at 617-556-1057. TDD Service- 1-800-298-1207.
DEP on the Wsworld Wide Web: http://.mass.gov/dep
W
Printed on Recycled Paper
Salem — Solid Waste Management Page 2 of 3
Salem Transfer Station
Notice of Technical Deficiency Transmittal No.: W081188
A. Waste Ban Plan
1. The following sections of the Plan shall be revised as follows:
a. Page 2, Part B, Section 1, Application Requirements shall be revised and submitted to
MassDEP to reflect the appropriate permit application being submitted is BWP SW 21
Modification of a Small Handling Facility.
b. Page 3, Part C, No. 2 Record Keening shall be revised and submitted to MassDEP to reflect
that the Facility does accept vehicles and containers with a capacity of greater than 5 (five)
cubic yards. The appropriate box shall be checked to reflect the correct record keeping
practice.
2. Monitoring records: The Plan proposes to conduct four comprehensive load inspections every
month. The plan must provide that daily ongoing monitoring and comprehensive load inspection
records will be maintained at the Salem facility available for review by MassDEP during
inspections.
3. Comm,micatinn/Failed-Load Follow -Up: The Plan proposes to communicate information
regarding failed loads received from other facilities/individulas. The Plan must provide that
copies of failed load letters will be maintained at the Salem facility for MassDEP review during
site inspections.
4. Materials Management Section: The Plan indicated that wood will be disposed of. The revised
Waste Ban Plan shall correctly indicate that wood will only be transferred to a combustion
facility or construction and demolition processing facility and include an explanation of how the
wood will be managed so that it will not be transferred to landfills. In addition, the Plan
proposes the acceptance and separation of certain construction and demolition waste materials
(Aspahlt/Brick/Concrete, Metal and Wood); The Plan must describe the "good management
practices" to be implemented in association with separating, storing and transfering these
materials and a site plan of where the materials will be stored on-site prior to transfer.
Therefore, MassDEP cannot approve the application as submitted. Please provide to MassDEP a revised
Plan that addresses the comments outlined above.
Pursuant to 310 CMR 4.10(4)(1)3.c, Northside Carting, Inc. (the "applicant') may remedy this deficiency
within ninety (90) days of this notice by providing to MassDEP a revised Waste Ban Compliance Plan
that addresses the above comments. Should the applicant fail to remedy this deficiency within this
period, MassDEP, pursuant to 310 CMR 4.04(2)(d)4 shall deem the application as being withdrawn and
any fee paid for the review of the application shall be forfeited.
Pursuant to 310 CMR 4.04(2)(b)2.c., the applicant, may within forty-five (45) days of this notice, elect to
proceed with the application as it now stands by so notifying MassDEP in writing. Should the applicant
elect this option it may not, thereafter, in any manner amend, revise, replace or supplement this
application.
WBSalemTS-6-29-06
Salem — Solid Waste Management
Salem Transfer Station
Notice of Technical Deficiency
Page 3 of 3
Transmittal No.: W081188
Pending MassDEP's final decision on your application, the Facility has a continuing responsibility to
comply with the waste ban requirements at 310 CMR 19.017 prohibiting the disposal or transfer for
disposal of restricted materials, including the new waste bans effective July 1, 2006.
When addressing deficiencies or otherwise amending an application please include a Supplemental
Transmittal Form with your response. A copy of this Form is enclosed, and is also available at
www.inass.gov/dep.
If you have any questions regarding this matter, please contact John Morey at (978) 694-3297, or David
Adams at (978) 694-3295.
Sincerely,
This final document copy is bang provided to you electronically by the
Department of Environmental Protection. A signed copy of this document
is Me at the DEP office fisted on the letterhead.
John Morey
Environmental Analyst
Solid Waste Management Section
Cc:
Joanne Scott, Salem Health Agent (e -copy)
Email:;- ott salem.corn
WBSalemTS_6_29_06
Sincerely,
This final document ropy is bang provided to poo electronically by the
Department of Environmental Protection. A sued copy of this document
u on Me at the DEP office listed on the letterhead.
John A. Carrigan
Section Chief
Solid Waste Management Section
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON — NORTHEAST REGIONAL OFFICE
MITT ROMNEY ELLEN ROY HERZFELDER
Governor
Secretary
KERRY HEALEY ROBERT W. GOLLEDGE, Jr.
Lieutenant Governor Commissioner
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
April 20, 2005
Bruce Thibodeau
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. Thibodeau:
The Metropolitan Boston/Northeast Region 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, Swampscott 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 transfer station (former incinerator) and replacement with a new
structure designed for use as a transfer station.
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 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 of the 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 liner (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. Gomes, ADA Coordinator, at 1-617-556-1057. TDD Service- 1-800-298-2207.
3r° Floor, One Winter Street, Boston, MA 02108• Phone (617) 654-6500. Fax (617) 556-1049. TDD # (800) 298-2207
DEP on the World Wide Web: http://www.state.ma.us/dep
0 Printed on Recycled Paper
Salem
Salem Landfill
Corrective Action Alternative Analysis
Conditional Approval
Page 2
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
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:
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 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 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.
sIf50412apv.doc 04/12/05
Salem
Salem Landfill
Corrective Action Alternative Analysis
Conditional Approval
Page 3
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protecdon.
NOTICE OF RIGHT TO APPEAL
The City of Salem (the "City") is hereby notified that it may within twenty-one (2 1) 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 Department's
receipt of the request. Such a request shall reopen the administrative record, and the Department may rescind,
supplement, modify, or reaffirm its decision. Failure by the City to exercise the right provided in this section shall
constitute a waiver of the City's right to appeal.
Appeal. Any person aggrieved by the issuance of this 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. 111,
s. 150A, and M.G.L. c. 30A, not later than thirty (30) days following the receipt of the 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 terms 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 - 5h Floor
Boston, MA 02108
No allegation shall be made in anyjudicial 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 -014005), 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.
sM0412apv.doc 04/12/05
Salem
Salem Landfill
Corrective Action Alternative Analysis
Conditional Approval
Page 4
This is an electronic facsimile of a document on file with the Massachusetts Department ofBnvironmental Protection.
Should you have any questions concerning this matter, please contact David Adams at 617-654-6677.
Sincerely, Sincerely,
This final document copy is bring provided to you etechunicaDg by the
Department of Emiroomental Protection. A skosed copy of this document
is on fie at the DEP office listed on the letterhead.
DCA
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
JAC
John A. Carrigan
Section Chief
Solid Waste Management
sif50412apv.doc 04/12/05
FACT SHEET File Number: W062414
Salem Landfill & Transfer Station Page 1 of 4
Corrective Actions Alternatives Analysis
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
Facility ID
Applicant: City of Salem
Department of Public Works
120 Washington Street
Salem, MA 01970
Operator: Northside Carting, Inc.
12 Swampscott Road
Salem, MA 01970
Facility: Salem Landfill and Transfer Station
address: 12 Swampscott Road
Salem, MA 01970
ID:
Facility Number: 39974
Regulated Object Number: 368468
Solid Waste ID Number: SL0258.001
Solid Waste Permit Number: none
Type of facility: inactive landfill and active transfer station
Waste Type:
landfill: ash from combustion of Municipal Solid Waste (MSW), and
Municipal Solid Waste
transfer station: Construction & Demolition (C&D) waste
Current Application
Type: Corrective Action Alternative Analysis (BWPSW24)
Transmittal Number: W062414
Date: March 29, 2005
Received: March 31, 2005
Signed by Town: not signed
Engineer of Record: BETA Group, Inc.
315 Norwood Park South
Norwood, MA 02062
Alan D. Hanscom, PE
MEPA: MEPA Thresholds not triggered
sI00409fs.doc 04/14/05
FACT SHEET
File Number: W062414
Salem Landfill & Transfer Station Page 2 of 4
Corrective Actions Alternatives Analysis
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
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
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 I] 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
sIf50409S.doc 04/14/05
FACT SHEET File Number: W062414
Salem Landfill & Transfer Station Page 3 of 4
Corrective Actions Alternatives Analysis
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
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 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.
* 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 3 describes using an FML to construct the cap along the slopes facing the river.
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 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.
W50409fs.doc 04/14/05
FACT SHEET
File Number: W062414
Salem Landfill & Transfer Station Page 4 of 4
Corrective Actions Alternatives Analysis
This is an electronic facsimile of a document on file with the Massachusetts Department of Environmental Protection.
* 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 not 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, MSW) 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 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).
sIf50409fs.doc 04/14/05
This is an electronic facsimile of a document on file with the Massachusetts Department of
Environmental Protection.
COMMONWEALTH OF MASSACHUSETTS{PRIVATE )
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the Matter of:
City of Salem
and Northside Carting, Inc
(a.k.a Salem Environmental,
Inc.)
FMF # 39974
CONSENT ORDER AND
NOTICE OF NONCOMPLIANCE
ACOP -NE -01-4005
I. THE PARTIES
1. The Department of Environmental Protection (the 'Department') is a duly, constituted
agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, §7, with a principal
office located at One Winter Street, Boston, Massachusetts 02108, and a regional office located at 205A
Lowell Street, Wilmington, Massachusetts 01887.
2. The City of Salem ("City") is a municipal corporation located in Essex County and duly
organized under the laws of the Commonwealth of Massachusetts, with its principal offices located at City
Hall, Salem, MA 01970. The City owns and has a Solid Waste permit for a Solid Waste Transfer Station
located on Swampscott Road in Salem (the "Facility").
3. Northside Carting, Inc. ("NCP') - a.k.a. Salem Environmental, Inc - is a Massachusetts
corporation with a place of business at 210 Holt Road North Andover, Ma. 01845 (the "Operator"). Mr.
Robert George is President of NCI.
II. STATEMENT OF FACTS AND LAW
4. The Department is responsible for the implementation and enforcement of M.G.L. c. 111,
§§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR 16.00 and 19.000. The
Department has authority under M.G.L. c. 21A, §16, and the regulations promulgated thereunder at 310
CMR 5.00, to assess civil administrative penalties to persons in noncompliance with its regulations.
5. The City is the owner and permittee of the Salem Transfer Station. NCI operates the
Facility.
6. The following facts are alleged by the Department as the basis for the parties to enter into
Consent Order:
Page 2 of 14
This is an electronic facsimile of a document on file with the Massachusetts Department of
Environmental Protection.
A. On June 9, 1960 the Facility site was Site Assigned by the City's Board of Health
for a solid waste incinerator.
B. On September 9, 1975 the Department issued a conditional approval to the City
allowing the conversion of the Solid Waste Incinerator building to a Solid Waste
Transfer Station. The City was required by this approval to cap the Landfill and to
notify the Department upon completion of this capping. No notification of the
Landfill capping exists in the record. The operation that was approved allowed the
discharge, via a chute, of Municipal Solid Waste ("MSW") from entirely within the
modified building, to compactors. After compaction the MSW was loaded into
trailers for off-site disposal.
C. On June 3, 1994 the Department issued a Permit -by -Rule to the City for the
continued operation of the Facility.
D. On January 10, 1995 the City notified the Department, in writing, that, effective
September 1, 1994, the Facility would be operated by NCI and that the City would
retain ownership of the Facility.
E. On September 22, 1999 a compliance inspection of the Facility was conducted as a
result of the Department's receipt of a complaint. The Department alleges that
during this inspection Department personnel noted open-air sorting of Construction
and Demolition ("C&D") wastes, open-air storage, large compost piles, use of C&D
materials as fill, and the storage of materials adjacent to a waterway.
F. On December 10, 1999 the Department issued a Notice of Non-compliance (NON —
NE -99-4021) to both the City and the Operator citing alleged violations observed on
September 22, 1999. In particular, the Department alleged that the facility was in
noncompliance with the following:
1. The facility layout had been modified from those presented and approved
in the Permit -by -Rule application, including a modification of grades and
waste handling and storage areas, without an application and approval in
accordance with 310 CMR 19.039.
2. Processed compost and solid waste materials, including woodwaste,
demolition debris, and bulky metal objects, were being stored at the
facility in a manner that was not organized and orderly, and without an
approved plan, in accordance with 310 CMR 19.215. The approved
Permit -by -Rule application did not indicate the uncontainerized storage of
solid waste (demolition debris, woodwaste, and metals), and the storage of
compost material at the facility that hindered movement at the facility.
The facility is not approved as a compost or compost storage facility.
3. Surface grades on the west side of the transfer station building were
modified using solid waste materials (demolition debris) without a
Beneficial Use Determination in accordance with 310 CMR 19.060.
Page 3 Of 14
This is an electronic facsimile of a document on file with the Massachusetts Department of
Environmental Protection.
4. Solid waste materials (demolition debris) were used to construct a
roadway exiting the property to the north without a Beneficial Use
Determination.
5. Compost and demolition debris were being stored at the site without a
permit within an apparent Wetlands Buffer Zone without a filing a
Determination of Applicability or Notice of Intent with the local
Conservation Commission.
6. Solid waste and recyclable materials appeared to have been stored at the
site for more than 60 days.
7. Daily logs were not maintained at the facility in accordance with 310
CMR 19.220. Past daily logs were reportedly kept at the operator's office
in North Andover, Massachusetts.
G. On December 14, 1999 the City responded to the NON by notifying the Department
that the Facility had been leased to NCI and that NCI would hire a consultant to
review its operations.
H. On January 6, 2000 the Department received a Waste Ban Plan required to be
submitted by the regulations for the Facility. This Waste Ban Plan indicated that
only C&D was received at the Facility.
1. On February 16, 2000 the Department received the Facility's 1999 Annual Report as
required to be submitted by the regulations. This Annual Report was prepared by
the Operator, Mr Robert George, under the name of Northside Carting of North
Andover. This Annual Report indicated that six hundred seventy-two (672) tons of
Municipal Solid Waste had been received during 1999 which was contrary to the
information submitted with the Waste Ban Plan. This submittal indicated there had
been a change in the Operator of the Facility.
J. On February 29, 2000 Department personnel met with the Operator and its
consultant at the Facility for a re -inspection and to determine if the compost
operation was being operated suitably. The compost Operation was determined to
be suitable but only marginally. During this visit, Department personnel became
aware that the compost operation was located on the former Incinerator Ash
Landfill. Re -grading of this area preparatory to conducting the compost operation
required excavating into the old Landfill which had not been approved by the
Department.
K. On May 10, 2000 the Department received a complaint regarding the operation of
the Facility. Based on further review of the approved existing plans the Department
determined that the Facility had only been approved for waste to be placed directly
into compactor units located within the Incinerator building. No processing to
remove recyclable materials inside or outside the building had been approved.
L. On May 17, 2000 Department personnel re -inspected the Facility. During this
inspection the Department informed the Operator that the Facility was only
Page 4 of 14
This is an electronic facsimile of a document on file with the Massachusetts Department of
Environmental Protection.
permitted to dispose of waste directly into compactor units within the building. The
Facility was not approved for the open-air sorting of recyclables from C&D.
M.' On July 26, 2000 an Enforcement Conference was held in the Department's
Wilmington office. Representatives of the City and Operator attended. The
purpose of this conference was to discuss alleged violations at the Facility, the steps
necessary to return to compliance, a penalty for these alleged violations and, to
determine if the City and Operator wanted to resolve these matters via a Consent
Order.
N. By letter dated January 9, 2001 a draft Consent Order was sent to both the City and
Operator for their review and comment. This letter requested comments be
submitted by January 26, 2001. Subsequently, at the request of the City the
submittal date was extended to February 9, 2001.
O. The January 9, 2001 letter stated "It should be noted further, to avoid the imposition
offurther penalties, that the day to day operation of the facility must be conducted in
strict conformance with all existing approvals. This includes, but is not limited to,
the direct deposit of all incoming waste materials directly into the hoppers within the
Transfer Station building. No deposition and/or processing of in -coming waste
outside the building is presently allowed under existing approvals."
P. On January 25, 2001 Department personnel conducted a compliance inspection of
the Facility. The Department alleges that the following alleged and continuing
violations were found:
1. Waste was being deposited outside of the transfer station building onto the
ground and into a dumpster in non-compliance with the operating permit. No
access could be made to tipping floor of the building due to obstructions at the
entrance (piles of wood and other debris).
2. A portion of the ash landfill had been cut/excavated to construct a ramp
system for solid waste trailers/containers thereby modifying the mode of
operation without prior approval from the Department. It appears the ash
landfill had never been properly graded and closed (no cover and vegetation
on top and side slopes).
3. The signage observed at the entrance to the facility did not indicate the hours
of operation, limitations and what types of solid wastes were or were not
accepted at the facility. The entrance gate to the facility appeared to be
inoperable
4. The facility was not adequately screened/fenced to shield the facility from
adjoining properties (street level). The screen/fence was sagging or torn and in
need or repairs.
5. Routine maintenance and cleanliness around the facility was lacking. Varying
amounts of debris were observed on the ground. The access driveway system
was not paved.
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6. Good management practices were not being used for the composting
operation. Bulky materials (logs), tree branches, whole Christmas trees and,
other materials were being co -mingled into the compost pile. The compostable
material was not windrowed, but excessively stockpiled.
7. The facility is authorized to accept only construction and demolition waste.
Records of daily tonnage and other operational information were not available
on site. According to the operator's representative, the information is sent
their North Andover office.
8. Seven (7) full roll -off containers containing solid waste were stored on site.
9. DPW roadway materials were being stockpiled on the Facility site.
10. Construction and demolition waste deposited on the ground at the Facility site
behind the Transfer Station building.
Q. On or about 9Feb01, the City and NCI submitted comments on the draft Consent
Order.
R. On 22Feb01, a follow-up Enforcement Conference was held in the Department's
offices in Wilmington. Representatives of the City and NCI attended, and the
parties discussed alleged violations at the Facility, the steps necessary to return to
compliance, the penalty sought for the alleged violations, and the execution of the
Consent Order.
The Department alleges that the City has violated the following requirements:
A. 19.016: Post -Closure Use
No Person shall use a solid waste management facility site for any purpose other
than that established in the permit or plan approval after closure without first
obtaining Departmental approval.
B. 19.021: Transition Requirements for Existing Facilities
(4) Inactive Landfill Facility Filing Schedule
(a) Prior to January 1, 1992, the owner of an inactive landfill or
dumping ground that was in operation after April 21, 1971 but
ceased operations prior to July 1, 1990 shall file:
1. proof that the facility was closed in accordance with
plans approved by the Department; or
2. a final closure and post -closure plan in accordance with
310 CMR 19.030(3)(c)5. if the facility was not closed in
accordance with a closure/post-closure plan approved by
the Department.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions. The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all times with
the terms and conditions of the permit or approval, 310 CMR
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19.000, M.G.L. c. 111, § 150A and all other applicable state and
federal statutes and regulations.
(e) Duty to Provide Information. The permittee shall furnish to
the Department, within a reasonable time, any information which
the Department may request and which is deemed by the
Department to be relevant in determining whether cause exists to
modify, revoke, or suspend a permit or approval, or to determine if
the permittee is complying with the permit or approval.
D. 19.060: Beneficial Use of Solid Wastes
(1) Applicability . No person shall make beneficial use of a solid waste
material unless they obtain a prior written determination of beneficial
use from the Department.
E. 19.130(32) Disruption of Landfilled Areas.
(a) No person shall excavate, disrupt or remove deposited material from
either an active, inactive or closed landfill without prior written approval
from the department.
F. 19.143: Post -Closure Use of Landfills
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the prior
written approval of the Department.
The Department alleges that the Operator has violated the following requirements:
A. 19.008: Accurate and Timely Submittals
(1) Accurate Submittals . No person shall make any false, inaccurate, or
misleading statement in any application, document, information or
statement which that person submits or is required to submit to the
Department pursuant to 310 CMR 19.000, or any permit, order or approval
issued by the Department.
B. 19.039: Applicant's Request to Modify a Permit
(1)' General . An owner or operator seeking to alter or change a permit or
the Department approved design, operation and maintenance procedures
or closure/post-closure design of a facility, including any conditions
imposed in the permit, shall apply to the Department for approval to
modify the permit in accordance with 310 CMR 19.039.
C. 19.043: Conditions for Permits and Authorizations
(5) Standard Conditions. The following conditions shall apply to all
owners, operators or permittees (hereinafter comprehensively
referred to as "permittee":
(a) Duty to Comply. The permittee shall comply at all times with
the terms and conditions of the permit or approval, 310 CMR
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19.000, M.G.L. c. 111, § 150A and all other applicable state
and federal statutes and regulations.
(c) Duty to Halt or Reduce Activity. The permittee shall halt or
reduce activity whenever necessary to maintain
compliance with the permit conditions, or to prevent an actual or
potential threat to the public health, safety or the environment.
(e) Duty to Provide Information. The permittee shall furnish to
the Department, within a reasonable time, any information
which the Department may request and which is deemed by
the Department to be relevant in determining whether cause
exists to modify, revoke, or suspend a permit or approval, or
to determine if the permittee is complying with the permit or
approval.
D. 19.130: Operation and Maintenance Requirements
(32) Disruption of Landfilled Areas.
(a) No person shall excavate, disrupt or remove deposited
material from either an active, inactive or closed landfill without
prior written approval from the department.
E. 19.143: Post -Closure Use of Landfills
(1) Applicability. Pursuant to M.G.L. c. 111, § 150A no site on which a
facility was operated shall be used for any other purpose without the
prior written approval of the Department.
F. 19.208: Access Facilities
(3) The operator shall prominently post at the entrance to the facility the
hours of operation and all limitations and conditions of access.
(4) The operator shall provide suitable barrier or fencing and gates to
limit unauthorized persons from access to the facility and for the gate
to be open only when an attendant or equipment operator is on duty.
The gate shall be closed and locked at all other times.
G. 19.209: Unloading Refuse
The operator shall provide for continuous supervised unloading of refuse from
incoming vehicles and shall post appropriate signs or other means to indicate
clearly where incoming vehicles are to unload the refuse by direction of the
attendant or equipment operator on duty.
H. 19.210: Control of Wind-blown Litter
(1) The operator shall take measures to prevent the scattering of refuse
and wind-blown litter.
(2) The operator shall provide for routine maintenance and general
cleanliness of the entire transfer station area. Such provisions are to be
detailed on the engineering plans or written operating procedures.
1. 19.215: Recycling Operations
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(1) The operator may make provisions for the recycling of materials
provided that a definite plan of procedure is implemented and followed to
enable said operation to be carried out in an organized, sanitary, orderly
and dependable manner with minimal interference to the rountine transfer
station operations.
19.220: Operational Records and Plan Execution
The transfer station facility operator shall maintain a daily log to record
operational information, including the type and quantity of refuse
received, the equipment, maintenance performed, personnel used, and any
deviations made from the approved plan and specifications submitted to
the Department.
9. The City and the Operator ("Parties") Have denied the allegations set out above, but have
agreed to enter into this Consent Order because they agree that it is in their own interests, and in the public
interest, to proceed promptly with the actions called for herein rather than expend additional time and
resources litigating the allegations set forth above.
I11. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Parties hereby consent to, the
following Order.
10. The Department's authority to issue this Order is conferred by M.G.L. c. 21 A, §16, and the
regulations promulgated thereunder at 310 CMR 5.00.
11. The Parties hereby waive their right to an adjudicatory hearing before the Department on,
and judicial review of, the issuance and terms of this Consent Order and to notice of any such rights of
review.
12. This Consent Order shall be binding on the Parties and on their officers, employees,
agents, successors, heirs and assignees. The Parties shall not violate this Consent Order and shall not
allow or suffer their officers, employees, agents, successors, heirs, assignees or contractors to violate this
Consent Order. The Parties shall provide a copy of this Consent Order to each successor or assignee
concurrent with establishing any succession or assignment.
13. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way. affecting (i) any legal or equitable right of the Department to issue any
additional Order or to seek any other relief with respect to the subject matter covered by this Consent
Order, or (ii) any legal or equitable right of the Department to pursue any other claim, action, suit, cause of
action, or demand which the Department may have with respect to the subject matter covered by this
Consent Order, including, without limitation, any action to enforce this Consent Order in an
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administrative or judicial proceeding. Notwithstanding the foregoing, the Department agrees that it will not
seek to assess the Parties civil administrative penalties beyond those described in this Consent Order for
the violations alleged in Part II above, provided that the Parties satisfy the terms and conditions of this
Consent Order and any approval issued hereunder.
14. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating,
or in any way affecting, any legal or equitable right of the Department with respect to any subject matter not
covered by this Consent Order.
15. The City shall perform or cause the performance of the following actions:
A. Upon the effective date of this Consent Order prohibit any person, including NCI,
from conducting any and all solid waste activities at the site except as authorized by the
Department in writing.
B. Comply with the landfill assessment process as set forth in 310 CMR 19.150 and in
the Department's corresponding Landfill Technical Guidance Manual (revised May,
1997) ("Guidance Manual") and shall implement any remedial responses approved by
the Department.
C. Undertake the landfill assessment and any necessary corrective action(s) according to
the following schedule:
1. By May 6, 2001, submit to the Department an Initial Site Assessment (ISA) and
Comprehensive Site Assessment Scope of Work (CSA Scope) in accordance with
the regulations at 310 CMR 19.000 and the Guidance Manual.
2. Within ninety (90) days of the Department's approval of the CSA Scope, initiate
the CSA, and install the required monitoring wells in accordance with the
approved schedule established in the CSA Scope.
3. Within sixty (60) days of each sampling event, submit the results of the sampling
round, and include any proposed modifications to the CSA Scope.
4. Within ninety (90) days of the completion of the final round of environmental
sampling approved in the CSA, submit a final CSA in accordance with the
regulations at 310 CMR 19.150 et seq, the corresponding Guidance Manual and,
the approved CSA Scope.
5. Within ninety (90) days of completion of the final round of environmental
sampling approved in the CSA, submit a scope of work for a Corrective Action
Alternatives Analysis (CAAA Scope), with a schedule to complete the CAAA, in
accordance with the regulations.
6. Within sixty (60) days of the Department's approval of the CAAA scope, initiate
the CAAA and complete the CAAA in accordance with the schedule approved by
the Department.
7. Within sixty (60) days of the Department's approval of the CAAA, submit, for the
Department's approval, a Corrective Action Design (CAD), if necessary, in
accordance with the regulations. The CAD shall include final design plans, an
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implementation schedule and details of any existing unapproved or proposed post -
closure use(s). If it is determined that a CAD is not necessary then, within this
same sixty (60) day period, submit an application for any existing unapproved or
proposed post -closure use(s).
8. By November 1, 2004, complete all necessary corrective actions, including the
installation of an approved final cover system and obtaining approval of any
existing unapproved post -closure uses, in accordance with the regulations,
Guidance Manual and, the approved CAD.
9. Submit a certification report within sixty (60) days of the completion of any
corrective actions.
D. By May 6, 2001, the Operator shall provide to the Department a Financial
Assurance Mechanism (FAM) for the closure and post -closure monitoring of the
Landfill in accordance with the provisions of 310 CMR 19.051 Financial Assurance
Requirements.
E. Submit to the Department a quarterly report following the signing of this Consent
Order, by the fifteenth (15a') of the following month, indicating the steps it has taken
to comply with the requirements of this Consent Order. The quarterly report shall
be submitted until the Department receives a certification report (see 111. 15.138.
above) or it has been determined by the Department that final cover is not necessary.
F. Within thirty (30) days of the effective date of this Consent Order submit a Waste Ban
Plan in compliance with and as required by 310 CMR 19.017 et.seq.
16. The Operator shall perform the following actions:
A. Upon the effective date of this Consent Order prohibit any person from conducting
any and all solid waste activities at the site except as authorized by the Department in
writing.
B. Continue to ensure the removal of all solid wastes and recyclable material from the
facility site
C. Immediately commence maintenance of a Daily Log at the Facility in compliance
with and as required by 310 CMR 19.220.
17. The Department hereby determines, and the Parties hereby agree, that the deadlines set
forth above constitute reasonable times to perform the acts agreed to in this Consent Order and to address
the alleged instances of noncompliance sited in Part II above.
18. Should the lease and/or contract between the Parties be discontinued for any reason, the
City agrees to assume all responsibility for the actions required to be completed by the Operator delineated
herein.
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19. The actions required by this Consent Order are subject to approval by the Department and
shall be performed in accordance with M.G.L. o, 21C, §5, and the regulations promulgated thereunder at
310 CMR 30.000, M.G.L. c. 111, §§142A -N, and the regulations promulgated thereunder at 310 CMR
6.00-8.00, M.G.L. c. 111, §§150A and 150A1/2, and the regulations promulgated thereunder at 310 CMR
16.00 and 19.000, M.G.L. c. 21I, and the regulations promulgated thereunder at 310 CMR 50.00, M.G.L. c.
21, §§26-43, and the regulations promulgated thereunder at 314 CMR 3.00, 5.00, 7.00, 8.00 and 15.00. and
all other applicable federal, state and local laws, regulations and approvals.
20. The Parties shall pay to the Commonwealth the sum of Sixty Seven Thousand ($67,000)
Dollars as a civil administrative penalty for the violations listed in Part II above, as follows:
A. Within thirty (30) days of the effective date of this Consent Order, the City shall pay to the
Commonwealth the sum of Three Thousand ($3,000) Dollars and the Operator shall pay
Fifteen Thousand ($15,000) Dollars; and
B. In the event the City violates any provision of this Consent Order, or further violates any of the
requirements cited in Part II above, the City shall pay to the Commonwealth the sum of
Thirteen Thousand Seven Hundred Fifty ($13,750) Dollars within thirty (30) days of receipt
of the Department's written notice thereof.
C. In the event the Operator violates any provision of this Consent Order, or further violates any
of the requirements cited in Part II above, the Operator shall pay to the Commonwealth the
sum of Thirty Five Thousand Two Hundred Fifty ($35,250) Dollars within thirty (30) days
of receipt of the Department's written notice thereof
21. In addition to the penalty in paragraph III. 20 above, if either of the Parties violates this
Consent Order, that party shall pay stipulated civil administrative penalties to the Commonwealth in
accordance with the following schedule:
For each day, or portion thereof, of each violation, that party shall pay stipulated civil
administrative penalties as follows:
Period of Violation Penalty per day
1 st through 15th day
$500 per day
16th through 30th day
$1000 per day
31 st day and thereafter
$2000 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall
continue to accrue until the day the City or the Operator corrects the violation or completes performance,
whichever is applicable. Even if violations are simultaneous, separate penalties shall accrue for separate
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violations of this Consent Order. Stipulated civil administrative penalties shall accrue regardless of
whether the Department has notified the Parties of a violation or act of noncompliance. The payment of
stipulated civil administrative penalties shall not alter in any way the Parties' obligation to complete
performance as required by this Consent Order.
All stipulated civil administrative penalties accruing under this Consent Order shall be paid within
thirty (30) days of the'date the Department sends a written demand therefor. If a court judgment is
necessary to execute a claim for such stipulated penalties under this paragraph, the Parties agree to assent
to the entry of such judgment. The stipulated civil administrative penalties set forth herein shall not
preclude the Department from electing to pursue alternative remedies or alternative civil or criminal
penalties which may be available by reason of the Parties'failure to comply with the requirements of this
Consent Order. In the event the Department collects alternative civil administrative penalties, the Parties
shall not be required to pay such stipulated penalties pursuant to this Consent Order.
22. The Parties shall pay all civil administrative penalties due under this Consent Order by
certified check, cashier's check or money order payable to the Commonwealth of Massachusetts. The City
and the Operator shall each clearly print their name i.e. "City of Salem" or "Northside Carting, Inc.", the
file number (ACOP -NE -01-4005), and their respective Federal Employer Identification Number on the face
of their separate payments, and each shall mail it to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 3584
Boston, Massachusetts 02241-3584
The City and the Operator each shall deliver a copy of the payment to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
In the event the City and/or. the Operator fails to pay its portion in full any civil administrative penalty on
or before the date due under this Consent Order, and in the manner and form required by this Consent
Order, the City and/or the Operator shall pay to the Commonwealth three (3) times the amount of its
respective civil administrative penalty, together with costs, plus interest on the balance due from the time
the civil administrative penalty became due and attorneys' fees, including all costs and attorneys' fees
incurred in the collection thereof The rate of interest shall be the rate set forth in M.G.L. c. 231, §6C.
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23. The Parties agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to the Facility for purposes of conducting any
activity related to its oversight of this Consent Order. Notwithstanding any provisions of this Consent
Order, the Department retains all of its access authorities and rights under applicable state and federal law.
24. For purposes of M.G.L. c. 21A, § 16, and 310 CMR 5.00, this Consent Order shall serve as
a Notice of Noncompliance for the Parties' alleged noncompliance with the requirements cited in Part II
above.
25. This Consent Order shall not be construed as, or operate as, relieving the Parties or any
other person of the necessity of complying with all applicable federal, state and local laws and regulations.
26. This Consent Order may be modified only by written agreement of the Parties hereto.
27. This Consent Order shall become effective on the date of the last signature set forth below.
28. Each undersigned representative hereby certifies that he/she is fully authorized to enter into
the terms and conditions of this Consent Order and to legally bind the party on whose behalf such
representative is signing to this Consent Order.
29. All engineering work performed pursuant to this Consent Order shall be under the general
direction and supervision of a qualified registered professional engineer. Any contractual relationship
between the Parties and an engineer to perform such services shall require the engineer, as a condition of
the contract, to implement work consistent with the provisions of this Consent Order. The Parties shall
each provide the Department with a copy of such contracts within thirty (30) days of written request by the
Department. The Department shall not be deemed a party to any such contract and does not assume any
liability under any such contract.
30. The Parties shall pay all permit application fees due under this Consent Order in
accordance with the instructions set forth in the permit application and shall deliver a copy of the payment
to:
Ms. Heidi M. O'Brien
Deputy Regional Director for Waste Prevention
Department of Environmental Protection
Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
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31. This Consent Order may be executed in three (3) or more counterparts each of which shall
be deemed an original and all of which shall constitute one and the same instrument.
CITY OF SALEM:
This final document copy is being provided to you electronically by the
Department of Environmental Protection. A signed copy of this document
u on file at the DEP offer fisted on the letterhead.
Stanley Bornstein Director
City of Salem
Department of Public Services
93 Washington Street
Salem, MA 01970
Telephone 978-745-9595
Federal Employer ID #
Date:
NORTHSIDE CARTING, INC.:
Date:
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
This final document copy is being provided to you electronically by the
Department of Euviroomenlal Protection. A signed copy of this document
is on file at the DEP office fisted on the letterhead.
By:
William P. Gaughan, Regional Director
Metropolitan Boston/Northeast Regional Office
205A Lowell Street
Wilmington, Massachusetts 01887
Telephone (978) 661-7600
Date: Apri14, 2002
c /c drive/Saleno/Salem Transfer Station first ACOP -NE -01-0005 (3-11-02)
Robert George, President
Northside Carting, Inc.
210 Holt Road
North Andover, MA 01845
Telephone: 978-686-2020
Federal Employer ID #