Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012


8.04 Site Assignments for Solid Waste Facilities

    The requirements listed below are in addition to those set forth in 310 CMR 16.00:

  1. Submission Requirements. As part of an application for a site assignment for a solid waste facility, the DEC may require the Applicant to submit:

      (a) Information concerning the construction, operation and/or maintenance of similar facilities owned and/or operated by the Applicant in other locations, including the latest available regulatory and monitoring data involved in the permitting or licensing of similar facilities owned by the Applicant, as applicable to the monitoring of the facility at Devens.

      (b) A list and description of all required permits (state and federal) and if requested by the Director, full copies of any permits and any modifications thereto.

  2. Siting Criteria:

      (a) If the DEC finds that topography, vegetation or other natural features, or existing structures do not produce sufficiently protective conditions, including visual screening and/or necessary environmental mitigation, the DEC may require that the Solid Waste Facility be located a certain distance  from Sensitive Receptors or other dimensional requirements that are more stringent than those set forth in 310 CMR 16.00.

      (b) Minimum separation or other dimensional requirements shall be measured from the closest edge of a waste deposition area, in the case of a landfill, to the closest point of the Sensitive Receptor. In the case of a processing or combustion facility, the measurement shall be from the closest edge of the principal structure to the closest point of the sensitive receptor.

      (c) The DEC may apply the criteria set forth on Chapter 111, Section 150A ½, as they are appropriate and applicable to the site assignment.

  3. Operations and Maintenance

      (a) The Director may:

      1. Enter the premises where records required by a site assignment are maintained;

      2. Have access to and the right to copy at all reasonable times, any records required by the Conditions of the Site Assignment;

      3. Inspect at reasonable times any facilities and equipment or operational practices relevant to proper facility performance; and

      4. Monitor or sample any waste processing material or operation that can help to determine compliance with the Conditions of the Site Assignment.

      (b) For all Solid Waste Facilities, the Applicant shall:

      1. Notify the DEC in writing of any change of owner/operator of the facility and/or the site or other basic contact information within thirty (30) days of the change.

      2. Ensure that:

          a. Trained personnel in adequate number are present on-site during all operating hours to manage traffic and handling of materials and other operational activities, including all unloading and loading of materials.

          b. Vehicular traffic involving unloading or tipping of disposal materials is controlled at all times to prevent the queuing of vehicles beyond the bounds of the site and the idling of vehicles within the site for longer than allowed by the Massachusetts Anti-Idling Law. This law provides that subject to certain exceptions, no vehicle may idle for more than five (5) minutes. The DEC may require that vehicular use is staggered over time throughout the permitted hours of operation.

          c. Demurrage of trucks, automobiles or train cars serving the facility in any capacity is limited to:

            i. Massachusetts Anti-Idling Law; or

            ii. the duration of process upsets (in the case of processing or combustion facilities) in a non-idling state.

          The Director shall be notified in a timely manner of demurrage in order to facilitate necessary monitoring.

          d. Odorous wastes of any type is not stored outdoors.

          e. Unloading/loading areas are swept and otherwise maintained daily to remove all manner of debris and waste, including but not limited to: litter, ash, dust, residue from value-added products and small petroleum-related spills.

          f. Trucks leaving the site do not drag waste or debris onto public ways or any off-site locations.

          g. A comprehensive program of preventive maintenance for all equipment and machinery used for processing or combustion activities is established. Routine inspection and maintenance shall be fully documented on a regular basis and records shall be made available to the Director upon request or by means of a regular monitoring schedule.

          h. Tipping bay doors (as a part of processing or combustion facilities) are open for the minimum time required for vehicles to enter the facility and shall be kept closed to the maximum extent feasible given that the normal operations of these facilities require consistent entrance, unloading and exiting of trucks.

      (c) For all process or combustion facilities, the Applicant shall:

      1. Submit a written plan for responding to negative conditions such as process upsets, receipt of unauthorized waste, force majeure, interruption of power or any utilities, personnel shortages or other factors which jeopardize normal operations or could create public nuisance or potential health risks. The plan shall be reviewed annually and, if necessary, updated to reflect revised practices. One copy of the most recent plan shall be kept at the facility and made available for public examination and one shall be sent to the DEC. The plan shall include the following:

          a. Names, addresses, telephone numbers (and/or other electronic contact) of responsible emergency personnel.

          b. Provisions for interrupting waste shipments in transit to the site.

          c. Provisions for processing wastes already on-line at the facility, or, in the absence of that, for removing them from the premises.

          d. Provisions for containing potential contamination of air and water.

      2. Provide appropriate staff training, with refresher courses offered as often as necessary to encompass changes in practice.

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