48 Permit for Recycling 2014 Pedal People Cooperative, Inc.
Draft RCC Permit Approval Page 2 of 2
and the DRAFT Permit Approval and submit written comment to MassDEP concerning the proposed
permit action.
Accordingly, your are hereby required to provide Public Notice of the DRAFT Permit Approval by
publishing the attached Public Notice of the DRAFT Pennit Approval of the proposed recycling activity.
According to the provisions of 310 CMR 16.05(5), the 30-day Public Comment period shall commence
upon MassDEP's receipt of proof that Public Notice has been given. Proof of Public Notice shall be
achieved by submitting to MassDEP a copy of' the written and published/dated Public Notice, as
published in a local newspaper of general circulation in the community where the proposed recycling
activity is located MassDEP will accept and review any written comments from any interested person or
party, including but not limited to: any resident; municipal official, board or commission; or any other
agency or political entity. Written comments should be mailed to:
Massachusetts Department of Environmental Protection
Westem Regional Office
Solid Waste Management Section
436 Dwight Street
Springfield, Massachusetts 01201
At the conclusion of the 30-day Public Comment period, and upon receipt of any written comments,
MassDEP will review and consider the comments relative to the regulations and requirements contained
at 310 CMR 16.05. Should it be determined that the Application will require additional information or
that the Application be modified in order to address the comments, MassDEP will solicit such
information from the Applicant. Upon review of any comments and any additional information required,
MassDEP will issue its Final Permit decision on the Application.
Should there be any questions regarding this matter, please contact Charles Clines of this office at 413-
755-2120.
DH/CAC/cac
Enclosures: Draft Permit
Public Notice
Sincerely,
DSfiiel Hall
Section Chief
Solid Waste Management
Certified Mail 7011 3500 9999 8445 4974,Return Receipt
cc: Board of Health,City Hall,210 Main Street,Northampton,MA 01060
Northampton Market,Inc_,Bhadresh Patel,President,48 Old South Street,
Northampton, Massachusetts 01060
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1 100
DEVAL L PATRICK RICHARD K.SULLIVAN JR.
Secretary
Governor
Ruth M.Woodring
Pedal People Cooperative, Inc.
8 High Street
Florence,MA 01062
DAVID W.CASH
Com icsioner
April 1,2014
RE: DWSM-Northampton-RCC
Recycling
48 Old South Street
BWPSW46
Transmittal ft X259733
PERMIT for RECYCLING COMPOSTING or CONVERSION OPERATION("RCC")
DRAFT PERMIT APPROVAL
Dear Ms. Woodring:
The Massachusetts Department of Environmental Protection("MassDEP")has completed its technical
review of the BWPSW46—Recycling, Composting or Conversion("RCC")permit application(the
"Application")concerning the transfer of compostable materials (the"Operation") located at the
Northampton Market,48 Old South Street,Northampton,Massachusetts(the"Site")and future
locations .The Application was prepared and submitted by you as a Director for the Pedal People
Cooperative, Inc.
MassDEP has reviewed the application in accordance with its authority under Massachusetts General
Laws, Chapter 111, Section 150A & 150A1/2 and the regulations 310 CMR 16-00 "Site Assignment
Regulations for Solid Waste Facilities"and in specific the provisions and requirements established at 310
CMR 16.05 "Permit for Recycling, Composting and Conversion (°RCC) Operations.
As a result of its review of the Application, MassDEP hereby determines that the submitted information
complies with the requisite requirements for a solid waste recycling operation as outlined and contained at
310 CMR 16.05 and hereby issues this DRAFT Permit Approval for the described operation (copy
attached).
Pursuant to the provisions and requirements contained at 310 CMR 16.05(5), the DRAFT Permit
Approval is now required to be the subject of a Public Review and a thirty-day(30-day)Public Comment
Period, whereby any interested person or official is provided the opportunity to review the Application
This information is available in alternate format Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TODA 1.866.539-7622 or G617-574.6868
MassDEP Website wwwmass.govlbep
Printed on Recycled Paper
PUBLIC NOTICE
Public notice is hereby issued, pursuant to M.G.L. Chapter 111, Sections 150A and
150A1/2, and the Massachusetts Solid Waste Regulations at 310 CMR 16.00, that the
Massachusetts Department of Environmental Protection (MassDEP) has issued the following for
Northampton Market, Inc., 48 Old South Street, Northampton, MA: a Draft Recycling,
Composting or Conversion (RCC) permit for the transfer of presorted compostable materials.
Applicant: Pedal People Cooperative, Inc., 8 High Street, Florence, MA 01062
Type of Facility: This RCC Permit is limited to the collection, delivery, temporary storage,
and transfer of household generated compostable and organic material. The materials will be
collected and delivered by bike trailers operated by the Pedal People. The compostable
materials will be stored in totes, dumpsters or other suitable watertight locked containers at
secured locations. The initial location identified in the Application is the Northampton Market
located at 48 Old South Street in Northampton, Massachusetts. The materials will be
periodically picked up and removed by a commercial hauling company for transport to a
compost facility. The Operation shall not accept more than 400 gallons of compostable
materials on any one day, and no more than 40,000 gallons of compostable materials in any
calendar year. The Permit requires that additional Public Notice be published prior to
commencement of operations at additional locations.
Copies of MassDEP's Draft permit are available for copying and examination along with
the application at the Department's Western Regional Office, 436 Dwight Street, Springfield, MA
01103, and at the Sheffield Board of Health, PO Box 325,Sheffield, MA 01257
Interested parties may submit written comments for a period of thirty days, to the
Massachusetts Department of Environmental Protection, Solid Waste Management Section, 436
Dwight Street,Springfield, MA 01103.
Draft RCC Permit
Pedal People-Northampton
Page 2 of 11
PROJECT HISTORY,APPLICATION REVIEW& PROJECT DESCRIPTION
Application Review History
On March 7, 2014, MassDEP received the Recycling, Composting or Conversion (RCC) permit
application (the Application) for the recycling operation at locations in and around
Northampton, Massachusetts (the Operation). The Application was prepared and submitted
by Ruth M. Woodring, Director of the Pedal People Cooperative, Inc. (the "Pedal People") of
Northampton, Massachusetts.
Project Description
This RCC Permit is limited to the collection, delivery, temporary storage, and transfer of
household generated compostable and organic material. The materials will be collected and
delivered by bike trailers operated by the Pedal People. The compostable materials will be
stored in totes, dumpsters or other suitable watertight locked containers at secured
locations. The initial location identified in the Application is the Northampton Market
located at 48 Old South Street in Northampton, Massachusetts. The pedal people will
secure a lease or other acceptable agreement with the Northampton Market for use of a
parking space for the placement of the storage units. The materials will be periodically
picked up and removed by a commercial hauling company for transport to a compost
facility.
• Estimated volume of compostable materials is 150 to 200 gallons per week average.
• The materials will be pre-sorted and source-separated at the points of
generation/collection.
• The transport and delivery of all loads will be supervised by Pedal People personnel.
• No solid wastes will be accepted, stored or transferred as part of this Operation.
The existing Northampton Market has its own dumpsters for the storage of waste
and recyclables generated onsite.
• The Operation will be open only to compostable materials delivered by the Pedal
People. Appropriate signs will be posted at the Operation prohibiting others from
using the Operation.
• The operator will ensure maintenance and general cleanliness of the Site(s).
• An annual report will be submitted to MassDEP by Feb. 15 of the following calendar
year, summarizing the operations for the year.
• Proposed management practices to minimize nuisance conditions include the use
of compostable materials including paper, shredded paper, biodegradable bags,
woodchips, sawdust and cardboard to line or cover the materials and the addition
of salt or lime to control odors. It is proposed that a storage container will be
placed onsite containing these materials should they be needed.
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103•413-784-11 00
DEVAL L PATRICK RICHARD K SULLIVAN 3R.
Governor
DRAFT APPROVAL
RECYCLING, COMPOSTING OR CONVERSION PERMIT
Pedal People Cooperative, Inc.
Recycling Operation, Organics
(Transmittal Number:#X259733)
Effective Date: 21 Days after Final Permit MassDEP Region: Western
FMF Number: 554722
Expiration Date: 5 years from Effective Date
FACILITY DESCRIPTION
Applicant: Pedal People Cooperative, Inc.
Mailing Address: 8 High Street
Florence (Northampton), Massachusetts 01062
Owner:
Facility Address:
Operator and Permittee:
Operator Address:
Leased from:
Northampton Market, Inc., Bhadresh Patel,President
48 Old South Street, Northampton, Massachusetts 01060
and other future locations
Pedal People Cooperative, Inc.
8 High Street
Florence (Northampton), Massachusetts 01062
Secretary
DAVID W.CASH
Commissioner
Type of Operation: Recycling Operation - Compostable and organics food waste
This Information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617.292-5751.TOW/1-866-539-7622 or 1-617-576-6868
MassDEP Webslie:www-mass.govIdep
Printed on Recycled Paper
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Pedal People-Northampton
Page 4 of 11
4. The Operation shall, at all times, not accumulate store or handle materials of a nature or
in quantities so as to cause or pose a threat to the public health, safety, welfare or the
environment.
5. The Operation shall, at all times, ensure the proper and timely management and
disposal (at permitted, off-site disposal facilities) of all residual and/or non-recyclable
waste materials from the Operation.
6. The Operation shall, at all times, be conducted in such a manner that would not
constitute a solid waste management facility, solid waste storage facility, or processing
facility, for which a solid waste site assignment, pursuant to 310 CMR 16.00 would be
required.
7. The Operator shall perform routine monitoring of the Operation of the Site(s) in
accordance with the requirements of this Section and the approved plans to ensure
compliance with this Permit and the approved plans. The routine monitoring shall
include, without limitation,the following:
a. A daily assessment including, without limitation, inspection of the status and
condition of the Operation, structures, equipment, devices, environmental control
systems, paved surfaces, fencing, gates, and the general cleanliness of the
Operation. Observations made shall be documented in a daily log (Operation's daily
log).
b. A daily materials management records tracking system, documenting all materials
managed at the Operation.
c. A monthly assessment including, without limitation, inspection of the overall
condition of the Site(s) and its material storage and environmental control systems.
d. Documentation of the results of the routine monitoring, and any corrective actions,
repairs, or maintenance in the Operation's Daily Log.
8. The Operation shall, at all times, be conducted or shall operate in accordance with this
Permit, good management practices, and the approved plans, reports, and other
submissions described in this Permit. Pursuant to 310 CMR 16.01(8), failure to comply
fully with the applicable provisions of this Permit shall be a violation of 310 CMR 16.00.
Pursuant to 310 CMR 16.01(8), MassDEP may, whenever it has cause to believe that a
violation has occurred, without limitation, rescind, suspend, revoke, or modify this
Permit and/or initiate an enforcement action in accordance with applicable statutes or
regulations as deemed appropriate. Pursuant to 310 CMR 16.01(8)(6)2., where a permit
is rescinded, suspended or revoked by MassDEP, the owner or operator shall cease
operations until:
a. the owner or operator corrects the violation to the satisfaction of the MassDEP; or
b. the owner or operator applies for and obtains a site assignment and solid waste
management facility permit.
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MASSDEP DETERMINATIONS
MassDEP has reviewed the proposed Application in accordance with Massachusetts General
Laws Chapter 111, Section 150A, and the Massachusetts Solid Waste Regulations at 310 CMR
16.00. MassDEP, as a result of its review of the Application, has determined that the
proposed recycling operation constitutes a Recycling, Composting or Conversion ("RCC")
Operation. Provided that the Operation is conducted in accordance with the applicable
regulatory requirements at 310 CMR 16.05, and criteria and procedures as described in the
Application, and provided that the Owner/Operator complies with the terms and conditions
in this Permit as imposed by MassDEP pursuant to 310 CMR 16.05(4), the Operation will not
require a solid waste site assignment pursuant to 310 CMR 16.08 (et.seq.), or a solid waste
management facility permit pursuant to 310 CMR 19.000.
Please also be advised that if this Permit is violated, suspended or rescinded, the Operation
shall be regulated under applicable sections of Massachusetts General Laws (MGL), Chapter
111, Section 150A, and the regulations promulgated there under at 310 CMR 16.00 "Site
Assignment Regulations for Solid Waste Facilities," and 310 CMR 19.000 "Solid Waste
Management Facility Regulations." Failure to comply with these requirements could also
lead to legal action that could include but not limited to, criminal prosecution, court
imposed civil penalties, or civil administrative penalties assessed by MassDEP.
MassDEP hereby issues this DRAFT Decision (hereinafter referred to as the "Permit")
pursuant to the provisions and requirements established at 310 CMR 16.05, and the
conditions and requirements outlined below.
GENERAL CONDITIONS
The Operation shall, at all times, be in compliance with 310 CMR 16.00 including, but
not limited to: 310 CMR 16.01: General Requirements and 310 CMR 16.05(4) RCC Permit
Conditions.
2. The Operation shall, at all times, be conducted in a manner that prevents an
unpermitted discharge of pollutants to air, water, land or other natural resources, does
not present a significant threat to public health, safety or the environment, and does
not cause or contribute to a condition of public nuisance. The Operator shall provide for
the routine maintenance and general cleanliness of the Operation and Site(s).
The Operation shall, at all times, ensure that the quality of the incoming materials are
not contaminated by toxic substances at levels which may pose a significant threat to
public health, safety or the environment, and that the type and quality of the incoming
materials is sufficient for the operation.
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a. Use of additional locations, Public Notice similar to that required by 310 CMR
16.05(5) will be required for each additional Operation location at least 60 days prior
to commencement of operations at that site;
b. different waste materials from that for which this permit has been granted are
intended to be recycled, composted or converted;
c. the design and/or management of the Operation is to be altered;
d. the volume or quantity of the waste materials to be handled by the Operation is to
be increased from the volume or quantity as established in the Permit; or
e. as otherwise specified in this Permit.
17. Pursuant to 310 CMR 16.05(7)(b): RCC Permit Modifications, where MassDEP
determines that the change in design or operation is significant, MassDEP may require
the submittal of a revised RCC permit application, pursuant to 310 CMR 16.00 and 310
CMR 4.00, with a copy submitted to the Board of Health,for review.
18. Operation Interruption: In the event the Operation is temporarily or permanently
interrupted or discontinued for any reason, the Operator shall, promptly and in a timely
manner, notify MassDEP of the interruption/discontinuation, and as deemed necessary,
remove, recycle, or dispose of any/all remaining waste materials and products from the
Site(s)/Operation in accordance with all applicable regulations, including, but not limited
to: 310 CMR 16.00 and 310 CMR 19.000.
11. SPECIFIC CONDITIONS
1. Prior to commencing operations at any location (Site), the Operator or Owner must
submit to MassDEP proof of an agreement between the property owner and the
Operator. The agreement shall specifically refer to this Permit.
2. The Operation shall not accept more than 400 gallons of compostable materials on any
one day, and no more than 40 000 gallons of compostable materials in any calendar
year. For the purpose of converting volumes of recyclables to tonnages, the following
conversion factors shall be used:
b. One cubic foot equals 7.48 gallons
c. One gallon equals 8.32 pounds
3. The Operation shall only accept, handle and store residential generated compostable
materials collected and delivered by bike trailers operated by the Pedal People. No solid
wastes shall be accepted, stored or transferred at the Operation.
4. All totes, dumpsters and containers shall be emptied at a frequency of at least once per
week and more frequently if necessary to keep nuisance conditions from developing.
5. The operating hours of the Operation shall comply with local zoning.
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10. Compliance with Other Regulations: This Permit does not relieve the Operator from the
obligation or requirement to comply with all applicable local, state, or federal laws and
regulations. This Permit shall not supersede, nor otherwise diminish, the Operator's
requirement to comply with any other applicable permit(s), approvals or requirements
issued by the City of Northampton.
11. Access: Pursuant to the provisions of 310 CMR 16.01(5): Access to Facilities and
Properties, the Operation shall be subject to periodic inspections by MassDEP without
prior notice. The Permittee shall, upon request, provide to MassDEP full access to all
relevant information and records, as well as access to the Site(s)/Operation for purpose
of conducting such inspections, with the purpose being to determining compliance with
all applicable regulations and the terms and conditions of this Permit.
12. Request for Information: Pursuant to the provisions of 310 CMR 16.01(5), when/where
deemed necessary to ascertain facts relevant to determining compliance or to actual or
potential harm to public health or safety, actual or potential public nuisances, or actual
or potential damage to the environment that may be caused by the handling,
management, placement, storage, processing, treatment, reuse, transfer, use or
disposal of solid waste or recyclable materials, MassDEP may request and any person
shall furnish, within a reasonable time, any such requested information, and shall allow,
MassDEP personnel or authorized representatives thereto, to have access to, copy, or
take images of, any such records relating to determining compliance.
13. Liability: Pursuant to the provisions of 310 CMR 16.01(6):Joint and Several Liability,this
Permit is hereby issued and is subject to the conditions of joint and several liability.
14. Permit Transfer: Pursuant to 310 CMR 16.05(7)(a)(4), the Operator shall notify
MassDEP of any proposed change in the Permittee's name or transfer of the Permit or
ownership of the Operation of the Site(s) no less than thirty (30) days before the
effective date of the proposed action/transaction.
15. Areas of Operation: The Operator shall conduct all materials management activities (i.e.
receiving, handling, recycling and storage) involved in the Operation within the
designated areas as described in the Application.
a. All such material management/storage areas of the Operation (including proximate
surrounding areas), shall be maintained in a clean, orderly and sanitary condition in
order to protect the public health, safety, welfare and the environment.
b. All totes and other storage containers shall be clearly delineated, anchored and
protected from potential damage from storms including wind storms and snow
removal.
16. Permit Modifications: Pursuant to 310 CMR 16.05(7)(a): RCC Permit Modifications, the
Permittee shall notify MassDEP and the local Board of Health of any proposed changes
in design or Operations where:
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12. Special Reporting—The Operator shall notify MassDEP within 24 hours of the following:
a. the discovery of any oil or hazardous material (OHM) pursuant to 310 CMR 40.0000;
Hazardous Waste pursuant to 310 CMR 30.000; or Asbestos-Containing Material
(ACM). Spill Incidents shall also be reported to MassDEP pursuant to 310 CMR
40.0000 (the Massachusetts Contingency Plan; "MCP"); and
b. any incidents or disruptions which occur at the Operation that could affect the
public health,safety, environment, or the Operation.
The notification shall, at a minimum, provide a description of the incident, the impact on
the Operations, and a description of the actions the Operator has taken or intends to
take to institute corrective measures and/or resume operations.
EFFECTIVE DATE OF PERMIT DECISION
Pursuant to the provisions of 310 CMR 16.05(5)(e), this RCC Permit decision will become
final (Effective) after the 21"day following the date of issuance by MassDEP of the Final
Permit, as signed below, unless, a "Request for an Adjudicatory Hearing" is filed (refer to
"Request for Adjudicatory Hearing" (below). In the event a "Request for an Adjudicatory
Hearing" is filed, the RCC Permit decision would not become final until the Commissioner
issues a final decision pursuant to 310 CMR 1.01(14): Decisions. Once the RCC permit
decision is final, any stay of the RCC permit would be governed by M.G.L. c. 30A, §14.
The Effective Date of the RCC Permit is 21 days after the Final Permit issuance.
DURATION OF THIS PERMIT DECISION
This Permit shall terminate five (5) years from the Effective Date unless the Permittee
submits permit renewal application to MassDEP for review and approval requesting
continued operation of the recycling activity. The permit renewal application must be
submitted to MassDEP on or before 180 days before the permit expiration date. The permit
renewal application must be submitted in accordance with the provisions and regulatory
requirements of 310 CMR 16.00 and 310 CMR 4.00,
In the event that the Permittee submits a permit renewal application to MassDEP for a
request to continue operation pursuant to the provisions of this section, the Expiration Date
shall be extended until such time MassDEP issues a final decision on the Permittee's
application for permit renewal and continued operation. In the event MassDEP denies the
application for continued operation, then the Permittee shall, within ninety (90) days of the
date of MassDEP's denial of the application for continued operation, cease the Operation
pursuant to the terms and conditions of the denial of the request for continued operation
as well as in accordance with the terms and conditions of this Permit and the applicable
regulations and requirements pursuant to 310 CMR 16.00.
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Unloading: All totes, dumpsters or other containers shall be locked at all times except
for when Pedal people staff or the commercial hauler driver is onsite.
7. A sign shall be posted at the Operation with a phone number to call in case of nuisance
conditions of other complaints.
8. Inspection, Handling and Storage of Recyclable Materials:
a. All recyclable material to be delivered to the Operation shall be inspected by the
pedal people at the time of pickup.
b. All loads that contain unacceptable materials shall be handled and managed in
accordance with all applicable state laws and regulations including without
limitation, 310 CMR 19.000, 310 CMR 7.00, 310 CMR 30.000, and 310 CMR 40.0000
and as set forth in this Permit.
c. All totes, dumpsters or other containers of compostable materials at the Operation
shall be adequately covered by impermeable covers at all times to prevent
precipitation from entering, to prevent vectors (birds, mammals) from accessing the
materials,to minimize odors and to prevent windblown litter exiting the containers.
d. All totes, dumpsters and containers shall be watertight locked containers.
9. Fire Protection & Spill Control: The Operator shall take suitable measures for the
prevention and control of fires and spills at the Site(s) by complying with at least the
following:
a. Ensure that no materials are placed, stored, or maintained in such a manner as to
pose a fire or chemical hazard.
b. The Operator shall be responsible for engaging fire-fighting or spill-control
assistance, in the event such occurs.
10. The Operator shall, at all times, maintain at their office, copies of all permits, approvals,
records, reports and other operational information, as deemed necessary, in order to
maintain and demonstrate compliance with 310 CMR 16.00 and this Permit. These
records shall be maintained on a continuous basis, for at least three (3) years. The
Operator shall, upon request, make all such records and information available to
authorized representatives of MassDEP and all appropriate municipal authorities.
11. Annual Compliance Certification — In order to validate that the Operation is in
compliance with all applicable regulatory requirements and the terms and conditions of
this Permit, the Operator shall, on an annual basis, submit to MassDEP, no later than by
February 156 of each year, an annual compliance certification pursuant to the
provisions and requirements of 310 CMR 16.06(1): Compliance Certification
Requirements.
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Filing Fee: A copy of the "Notice of Claim" and a Massachusetts DEP "Adjudicatory Hearing
Fee Transmittal Form" (available through MassDEP's website), along with a valid check or
money order in the amount of $100.00 payable to the Commonwealth of Massachusetts,
must also be sent to MassDEP's Lockbox at the following address:
Massachusetts Department of Environmental Protection
Box 4062
Boston, MA 02211
The Notice of Claim will be dismissed if the filing fee is not paid, unless the person filing the
Notice of Claim has been determined to be exempt or has been granted a waiver
concerning payment of the filing fee.
Filing-Fee Exemptions: A filing fee is not required from a city, town (or municipal agency),
county, district of the Commonwealth of Massachusetts or municipal housing authority.
Filing-Fee Waivers: Pursuant to 310 CMR 4.06(2), MassDEP may waive the adjudicatory
hearing filing fee for a person who demonstrates that paying the fee will create an undue
financial hardship. A person seeking a waiver must file an affidavit setting forth the facts
believed to support the claim of undue financial hardship along with the Notice of Claim as
provided above.
Content of Notice of Claim: Pursuant to 310 CMR 16.05(6)(c), matters that may be raised in
a request for an adjudicatory hearing by a person who has the right to request an
adjudicatory hearing are limited to the matters raised during the public comment period;
provided, however, that a matter may be raised upon a showing that it was not reasonably
possible, with due diligence, to have raised such matter during the public comment process
or for good cause shown.
Pursuant to 310 CMR 1.01 and 310 CMR 16.05, the Notice of Claim for adjudicatory appeal
shall be dated and signed by the person on whose behalf the filing is being made or by the
person's authorized representative, and shall comply with all of the requirements as stated
therein, and shall, at a minimum, contain the following information:
(1) The Department File Number;
(2) The name, address, telephone and facsimile number and email address of the
person fling the Notice of Claim. If the person is the applicant, please indicate if
the name, address or other information has changed since the date of the
application;
(3) If represented by counsel, the name, address, telephone and facsimile number
and email address of the attorney;
(4) If the person is a municipality, a statement indicating the status of the person
filing the request as a board of selectmen or mayor of a municipality wherein the
proposed operation that is the subject of the Permit Decision is located and a
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In matters of noncompliance at the Site(s)/Operation, nothing in this section shall limit
MassDEP's authority to require the Permittee to cease operations as authorized by this
Permit pursuant to applicable statute and regulations and requirements as afforded under
310 CMR 16.00, should such be deemed necessary.
REQUEST FORADJUDICATORY HEARING
Request for Adjudicatory Hearing: Any one or more of the following persons may request
an adjudicatory hearing of the Permit Decision in accordance with 310 CMR 16.05(5) and
(6): the applicant; any aggrieved person as defined at 310 CMR 16.02; the municipality
wherein the proposed operation is to be located; a group of ten persons that has properly
intervened pursuant to the requirements of 310 CMR 16.05(5)(c). Such request for an
adjudicatory hearing shall be in writing and shall be filed or postmarked within 21 days from
the date of issuance of the final Permit Decision.
Notice of Claim Procedure and Deadlines: The adjudicatory hearing request shall be in the
form of a Notice of Claim and shall comply with all the requirements of 310 CMR 1.01,
Adjudicatory Proceeding Rules for the Department of Environmental Protection. (Please
refer to "Content of Notice of Claim` below).
The request must be sent to the Case Administrator at the following address:
Case Administrator
Office of Appeals and Dispute Resolution
Massachusetts Department of Environmental Protection
One Winter Street, 2nd Floor
Boston, Massachusetts 02108
A copy of the request must also be sent to the issuing regional office of MassDEP at the
following address:
Regional Director
Massachusetts Department of Environmental Protection
Western Regional Office
436 Dwight St.
Springfield, Massachusetts 01103
The person requesting the adjudicatory hearing shall also send, by first class mail or hand
delivery,copies of the request to the applicant,to all recipients of the Draft permit decision,
and to any other person who may have submitted written or electronic comments to
MassDEP regarding the issuance of the Permit Decision. A list of such persons is contained
in the "cc" list of the Permit Decision.
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demonstration of appropriate participation by the municipality in the permit
proceedings;
(5) If the person is an aggrieved person, a demonstration of aggrievement;
(6) If the person is a 10-person group, a demonstration of appropriate intervention
in the permit proceedings, affidavits from each group member stating his/her
intent to be a part of the group and to be represented by its authorized
representative, if any, and the name, address, telephone and facsimile number
and email of the authorized representative, if any, and each group member;
(7) A clear and concise statement of the facts which are grounds for the appeal, the
relief sought and any additional information required by applicable law or
regulation;
(8) A copy of the Permit Decision being appealed;
(9) A statement that a copy of the Notice of Claim has been sent to the applicant,
the Department's issuing office and all persons who submitted an electronic or
mailing address with timely written comments on the draft Permit Decision to
the Department; and
(10) If the matter is major or complex as defined in 310 CMR 16.05, a request to the
Presiding Officer to deem the matter major or complex setting forth specific
reasons supporting that request.
Should the contents of a Notice of Claim for adjudicatory appeal not meet the requirements
of 310 CMR 1.01, or any other applicable regulations, the Presiding Officer may dismiss the
appeal.
Da rh€I Hall
Section Chief
Solid Waste Management
Date: