175 Notices of Noncompliance 2007-2012 ARS-I Beds Page 2 of 4
NON-WE-07-4010
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE, FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Based on the Department's inspection of May 16, 2007,noncompliance was observed at your
facility located at 175 Main Street, Leeds,Massachusetts, in noncompliance with one or more
laws,regulations, orders, licenses, permits or approvals enforced by the Department.
This Notice of Noncompliance describes(1)the requirement violated,(2)the date and place the
Department asserts the requirement was violated,(3) either the specific actions which must be taken
in order to retum to compliance or direction to submit a written proposal describing how and when
you plan to return to compliance, and(4)the deadline for taking such actions or submitting such a
proposal.
If the required actions are not completed by the deadlines specified below,an administrative penalty
may be assessed for every day after the date of this Notice that the noncompliance occurs or
continues. The Department reserves its rights to exercise the full extent of its legal authority in
order to obtain full compliance with all applicable requirements, including,but not limited to,
criminal prosecution, civil action including court-imposed civil penalties, or administrative
action, including administrative penalties imposed by the Department.
NAME OF ENTITY IN NONCOMPLIANCE:
T. Patrick Kennedy
d.b.a. Alternative Recycling("ARS")
Facility ID#TBA
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
175 Main Street, Leeds Massachusetts
DATE WHEN NONCOMPLIANCE WAS OBSERVED:
May 16, 2007
DESCRIPTION OF NONCOMPLIANCE:
On May 16,2007,Department personnel visited the facility and noted a rolloff container on the
ground containing solid waste materials on site. It was determined that the rolloff was filled with
construction and demolition waste including plywood,chipboard and metal generated at a different
location,transported to the site,offloaded and temporarily stored on the ground at the site.
The Solid Waste Regulations allows for the temporary storage of wastes on a truck but prohibits the
offloading or transferring of waste except for at permitted facilities. The site is not permitted. The
DEVAL L.PATRICK
Governor
TIMOTHY P.MURRAY
Lieutenant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
936 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
T. Patrick Kennedy
Alternative Recycling Systems
PO Box 120
Northampton,MA 01061
Re: NOTICE OF NONCOMPLIANCE: NON-WE-07-4010
Noncompliance with 310 CMR 16.00 and 19.000
At: Truck Depot
175 Math Street
Leeds,Massachusetts
Dear Mr.Kennedy:
DEP Facility ID#TBA
SWM File#07-214-022
IAN A BOWLES
Secretary
ARLEEN ODONNELL
Commissioner
Enclosed please find a Notice of Noncompliance, an important legal document.
Department personnel have observed or determined that on May 16, 2007, activity occurred in
relation to storage,transfer and transportation of solid waste at your facility located at 175 Main
Street,Leeds,Massachusetts in noncompliance with one or more laws,regulations,orders,licenses,
permits,or approvals enforced by the Department.
If you have any questions regarding this matter,please contact Charles Clines of this office at(413)
755-2120.
Sincerely,
Date: SlA3 LC-1
DH/CAC/cac
Enclosures
Certified Mail 7005 3110 0001 3149 4199
cc: Board of Health, City of Northampton
Darnel Hall
Section Chief
Bureau of Waste Prevention
This Information is available In alternate format.Call Donald M.Comes,ADA Coordinator at 617-556-1057.TDD Service-1-800-198-2207.
DEP on the World Wide Web: http://www.mass.govidep
CJ Printed on Recycled Paper
ARS-Leeds Page 4 of 4
NON-WE-07-4010
5.09 presume receipt of this Notice of Noncompliance,
days after its date of issuance.
delivered by regular mail,three business
1. ARS Waste shall comply with the applicable requirements of 310 CMR 16 06 and
16.05(5)(c)and 310 CMR 19.015 in regards to the transport, offloading and storage of
solid waste materials.
Please address any questions regarding this Notice of Noncompliance to Charles Clines at this
office at(413)755-2120.
Date: (3`a,l� �
DH/CAC/cac
1209nonmrnartua.0107
Daniel Hall
Section Chief,
Bureau of Waste Prevention
ARS-Leeds Page 3 of 4
NON-WE-07-4010
offloading and storage of solid waste is regulated under 310 CMR 16.06,Prohibitions which
states:
"No place in any city or town shall be maintained or operated as a site for a
facility unless such place has been assigned by the board of health or the
Department, whichever is applicable,pursuant to M.G.L. c. 111, §150A.Any
disposal of solid waste at any location not so assigned shall constitute a violation of
said statute and of 310 CMR 16.00."
The offloading and storage of solid waste is also regulated under 310 CMR 16.05(5)(c), Occasional
Solid Waste Vehicle Layover,which states:
"Occasional Solid Waste Vehicle Layover. Sites owned or leased by a solid
waste transporter for purposes of truck storage or repair where enclosed trucks,
trailers and other solid waste handling and transfer equipment containing loads of
solid waste are occasionally stored for overnight or weekend layover prior to
transportation to a solid waste management facility,provided:
1. there is no unloading or transfer of the solid waste from the container or
vehicle to the ground or to another container or vehicle; and
2. the zoning of the truck storage or repair site would not disallow such an
activity or use. "
The offloading and storage of solid waste is also regulated under 310 CMR 19.015, Compliance
which states:
"No person shall construct, modify, operate or maintain a facility except in
compliance with a site assignment,permit or plan approved by the board of health or
the Department, as applicable, and any authorizations issued by the Department and all
conditions included in a permit, approval or authorization for said facility."
310 CMR 16.00 and 19.000 defines Facility as follows:
"Facility means an established site or works, and other appurtenances thereto,
which is, has been or will be used for the handling storage, transfer,processing,
treatment or disposal of solid waste including all land, structures and improvements
which are directly related to solid waste activities."
The conditions observed at your storage facility are in violation of 310 CMR 16.06 and 16.05(5)(c)
and 310 CMR 19.015.
ACTIONS TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS:
The following action(s)to be taken have individual deadlines associated with them. ARS shall take
the necessary steps to correct the violations within the specified deadlines as noted and shall return
to compliance with the requirements described below. The Department's regulations at 310 CMR
ARS-Leeds Page 2 of 5
NON-WE-12-4004
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE; FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Based on the Department of Environmental Protection's ("MassDEP") investigation on March
15, 2012, noncompliance occurred or was observed at the Alternative Recycling Systems,LLC
facility located at 175 Main Street, Leeds, Massachusetts, in violation of one or more laws,
regulations, orders, licenses,permits or approvals enforced by MassDEP.
This Notice of Noncompliance describes (1)the requirement violated, (2)the date and place on
which MassDEP asserts the requirement was violated, (3) either the specific actions which must be
taken in order to return to compliance or direction to submit a written proposal describing how and
when you plan to return to compliance, and(4)the deadline for taking such actions or submitting
such a proposal.
If the required actions are not completed by the deadlines specified below, an administrative penalty
may be assessed for every day after the date of receipt of this Notice that the noncompliance occurs
or continues. MassDEP reserves its rights to exercise the full extent of its legal authority in order
to obtain full compliance with all applicable requirements,including, but not limited to, criminal
prosecution, civil action including court-imposed civil penalties, or administrative action,
including administrative penalties imposed by MassDEP.
NAME OF ENTITY IN NONCOMPLIANCE:
Alternative Recycling Systems,LLC
Facility FMF#318620
(hereinafter referred to as "ARS")
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
175 Main Street, Leeds Massachusetts
DATE WHEN NONCOMPLIANCE WAS OBSERVED:
March 15,2012
DESCRIPTION OF NONCOMPLIANCE:
On March 15, 2012, MassDEP personnel visited the facility and noted rolloff containers on the
ground containing recyclable and solid waste materials. It was determined that the rolloffs were
generated at a different location,transported to the site,offloaded and temporarily stored on the
ground at the site.
DEVAT L PATRICK
Governer
TIMOTHY P MLRRAY
Lieutenant Governer
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
Western Regional Office•436 Dwight Street, Springfield MA 01103.413-784-1100
T. Patrick Kennedy
Alternative Recycling Systems,LLC
PO Box 120
Northampton, MA 01061
Re: NOTICE OF NONCOMPLIANCE: NON-WE-12-4004
Noncompliance with 310 CMR 16.00 and 19.000
At: Truck Depot and Office
175 Main Street
Leeds, Massachusetts
RICHA.9n K SULLIVAN JR.
Secretary
DEP Facility FMF# 318620
SWM File# 12-214-022
KENNETH_KINMELL
Commu.mne.
Dear Mr. Kennedy:
Massachusetts Department of Environmental Protection ("MassDEP") personnel have observed
or determined that on March 15,2012, activity occurred at the Alternative Recycling Systems,LLC
facility located at 175 Main Street, Leeds,Massachusetts in noncompliance with one or more laws,
regulations,orders, licenses,permits, or approvals enforced by MassDEP
Enclosed please find a Notice of Noncompliance, an important legal document describing the
activities that are in noncompliance.
If you have any questions regarding this matter,please contact Charles Clines of this office at(413)
755-2120.
Sincerely,
Date: �� ��_
DH/CAC/cac
Enclosures
Certified Mail 7007 0710 0003 2181 0908
cc: Board of Health, City of Northampton
D all
Section Chief
Bureau of Waste Prevention
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD 9 1-866-539-7622 or 1-617-574-6868
MassDEP Website'.www.mass.govldep
Printed on Recycled Paper
ARS-Leeds Page 4 of 5
NON-WE-12-4004
The offloading and storage of solid waste is regulated under 310 CMR 16.05(5)(c), Occasional
Solid Waste Vehicle Layover. which states:
"Occasional Solid Waste Vehicle Layover. Sites owned or leased by a solid waste
transporter for purposes of truck storage or repair where enclosed trucks, trailers
and other solid waste handling and transfer equipment containing loads of solid
waste are occasionally stored for overnight or weekend layover prior to
transportation to a solid waste management facility,provided:
1. there is no unloading or transfer of the solid waste from the container or
vehicle to the ground or to another container or vehicle; and
2. the zoning of the truck storage or repair site would not disallow such an
activity or use. "
The offloading and storage of solid waste is also regulated under 310 CMR 19.015, Compliance
which states:
"No person shall construct, mods, operate or maintain a facility except in compliance
with a site assignment, permit or plan approved by the board of health or the
Department, as applicable, and any authorizations issued by the Department and all
conditions included in a permit, approval or authorization for said facility. "
310 CMR 16.00 and 19.000 defines Facility as follows:
"Facility means an established site or works, and other appurtenances thereto, which is,
has been or will be used for the handling storage, transfer,processing, treatment or
disposal of solid waste including all land, structures and improvements which are
directly related to solid waste activities. "
The conditions observed at the Altemative Recycling Systems, LLC facility are in violation of 310
CMR 16.06 and 16.05(3)(d), 16.05(5)(c) and 310 CMR 19.015.
ACTION(S)TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION(S):
The following action(s)to be taken have individual deadlines associated with them. ARS shall take
the necessary steps to correct the violations within the specified deadlines as noted and shall retum
to compliance with the requirements described below. MassDEP's regulations at 310 CMR 5.09
presume that you receive this Notice of Noncompliance, if delivered by regular mail,three business
days after it was issued(i.e., the date of the cover letter).
1. ARS shall comply with the applicable requirements of 310 CMR 16.06, 16.05(3)(d) and
16.05(5)(c)and 310 CMR 19.015 in regards to the transport, offloading and storage of
solid waste and recyclable materials.
At least 30 days prior to the transfer or processing of recyclable materials at ARS's
facility, ARS shall file a Notification Form with MassDEP and with the Northampton
Board of Health.
ARS-Leeds Page 3 of 5
NON-WE-12-4004
The Solid Waste Regulations prohibits the offloading and storage of recyclable materials except at
facilities that comply with 310 CMR 16.05, (3), Conditionally Exempt Recycling Operations,part
(d) which states:
"(3). The following recycling operations or activities do not require a site assignment
provided the operation incorporates good management practice, is carried out in a
manner that prevents an unpermitted discharge of pollutants to air, water or other
natural resources of the Commonwealth and results in no public nuisance:
(d)Recycling Operations. Operations processing, transferring or temporarily storing
recyclables, but not including operations which recycle construction and demolition
debris or special wastes, which comply with the following additional conditions:
1. the operation receives only recyclable material pre-sorted by the original
generator;
2. the operation receives no more than 100 tons per day (tpd) of recyclable
materials, including incidental solid waste, but not including paper;
3. the operation receives, handles and stores recyclable materials, incidental solid
waste and residues only within an enclosed handling area or adequately covered
containers or trucks;
4. the amount of residue generated by a processing operation does not average
more than 15% of the weight of the recyclables processed during any quarter.
5. there is no speculative accumulation of any material. For purposes of 310 CMR
16.05, speculative accumulation shall be presumed to occur if materials, whether
in their as-received, in process or processed condition, are stored for more than
90 days from the date of their receipt at the recycling operation. This time limit
may be exceeded in the case of storage ofa processed material pending
accumulation ofa transportable load(one full truck load).
6. accurate records are maintained and certified reports are submitted every 90
days for the first year of operation and once a year thereafter which provide
information to enable the Department to determine that the operation has
complied with the conditions set forth at 310 CMR 16.05(3)(d)1. through 5.
(Reports shall be filed with the appropriate Department regional office and with
the board of health); and
7. at least 30 days prior to commencement of operations, the operator, on a form
as may be supplied by the Department, nodes the Department and the board of
health of the intent to operate. "
ARS had not filed the required Notification Form with MassDEP or with the Board of Health.
The Solid Waste Regulations allows for the temporary storage of wastes on a truck but prohibits the
offloading or transferring of waste except for at permitted facilities. The site is not permitted.The
offloading and storage of solid waste is regulated under 310 CMR 16.06, Prohibitions,which
states:
"No place in any city or town shall be maintained or operated as a site for a facility
unless such place has been assigned by the board of health or the Department, whichever
is applicable,pursuant to MG.L. c. 111, § 150A. Any disposal of solid waste at any
location not so assigned shall constitute a violation of said statute and of 310 CMR
16.00. "
ARS-Leeds Page 5 of 5
NON-WE-12-4004
Please address any questions regarding this Notice of Noncompliance to Charles Clines of this
office at (413) 755-2120.
Date:
DH/CAC/cac
Danfel'Hall
Section Chief,
Bureau of Waste Prevention
ALTERNATIVE
RECYCLING
SYSTEMS,LLC
May 8, 2012
Northampton Board of Health
Ben Wood, Health Agent
212 Main Street
Northampton, MA 01060
Dear Ben,
"b: MAY 1 7 2012
P(1
Per 310 CMR 16.05(3), please allow the attached form to serve as notification for Alternative
Recycling Systems, LLC (ARS) to conduct Recycling Operations at 175 Main Street, Leeds.
This recycling operations notification is prompted by ARS' receipt of a Notice of
Noncompliance (NON) as issued by the Massachusetts Department of Environmental
Protection (DEP), dated May 1, 2012. The Northampton Board of Health (BOH) was copied
on the NON.
Please note that the conditions in the NON were promptly corrected and the attached Notice
of a Recycling Operation should eliminate any future noncompliance. Prior to the NON, I had
not realized that Conditionally Exempt Recycling Operations required a formal notification.
Please do not hesitate with any questions or comments in this matter.
Sincer
Patrick Kennedy,
Manager/Owner
G. NIR *tP 1 vrw µAu,
attachment
Any 19n•NnR rMAMPrnM M A SRArunserrs 01061.1190•PP 14121 SR9_4015•PAY 14111 SR7AOOR
NOTIFICATION FORM RECYCLING OPERATIONS
Submitted in Compliance with 310 CMR 16.05(3)(d)7.
INSTRUCTIONS
This form can be used to satisfy the notification requirements for Recycling Operations.Fill in the
information and mail the form at least 30 days prior to commencing operations. Send one copy to the
board of health in the municipality where the operation will take place and send one copy to the DEP
regional office that includes the municipality where the operation will take place.
Pr na-I- t ec cJ skhns
Operator Business Name
T. earbrtCK \QnnedV
Business Owner Name 1
Name of Person Responsible for Operations(if different)
P. C. !3dX t20
Mailing Address
/vOcel'1no.r ■ P}v n, MP 010(o I
City, State,Zip
413 - 551 - 4005
Telephone
n."\ d) CU fyG-il Ve_reL
Email address(optional)
Location where Recycling Operation will be located:
PM—er ROCRvt sec alt
Name
1`75 N"a2n S-I-r'e&
Address
Leeds
`�l3 SQ 1 '4005
Phone
City/Town
90,4-n'c._ 1,tn ncd
Property Owner Name
T
Recycling Operation Notification Form Page 2 of 2
Materials to be Recycled (describe materials to be recycled)
Ptth bc.kk'-es 1cFC'S , CIP� , Mead , C2 '� �t br am
Oork„rn •nr3led Corc -runers (bloLCS,rneaz-I iPlaSh'r ', Qaper
'? A5-1-;CSI SCvue rry&- o1 ) -1-1'r-es and VtSela6le nJ .
Proposed Storage and Handling Methods(describe storage and handling below)
Me�C C .rrrwtn
Co ■ er3
and n\eu.n wood 0^04- n' \j ak. 5e, S}ared�tn
Cs.
Cb(Uts ref 2S 0, e fro?rtaA2
UT'S , CFe's , lltte_Aarnle 071 ar`d Kai* eedSeS MO. be- neaiiy
OonSolcdo ! ed i eared a l Itr� Cotier¢d t 1 1 (Clvucled n d
-trans-Cerra4 -1l a recycl:ne)
NaTec :
• a c's w;u have. Freon rerv.ov44 eINdr -h C�MM;ngl;rr wi-Y!•..
Scer...e NekzA .
V2rje le blc a7\ w;lS 5c sl-bred i, Plasm a,zl }r 0-eel Con •inerS .
--As required by 310 CMR 16.05(3)(d)7, I am providing 30 days prior notice that presorted
recyclables will be stored and handled in accordance with the requirements of 310 CMR
16.05(3)(d).
I am delivering or sending copies of this notification to the DEP Western (DEP region where
storage will be done) Regional Office and to the 14 J6rk1nary}iln 'Soft (municipality
where Recycling Operation location) Board of Health .
Signatur6 offOppe r L
5///
Date
Signature of Property Owner (if different) Date
Send Form to Board of Health and:
Solid Waste Section Chief
MassDEP Westem Regional Office
436 Dwight Street
Springfield,MA 01103