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38-050 (18) UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 Service Postal (DomesticCERTIFIEMAIL RECEIPT only; No Insurance Coverage • r•r • Sender: Please print your name,address,and ZIP+4 in this box• Er r�u BLDG INSP 38-50 .. "N Postage $ Building Inspector's M •�-2 212 Main Jct rm-1 Certified Fee I � �' � r Fostmark - Northampton MA 01060 Return Receipt Fee Here -- C3 (Endorsement Required) C3 Restricted Delivery Fee f C3 (Endorsement Required) ¢ Total Postage&Fees cr serer rq orse & Sacks Street-A t.No. -- ---------------- or PO Box No. 31 Trumbull Rd - -------------------- ------------------------- City,State,ZlP+4 r*•. Northampton- MA 01060 -. . , MAM Certified Mail Provides: 1djeoe8 ujn;98 oilsaLuo(] looz jsnBnv Lge ujjo:i sd X A mailing receipt IGS-04 JQJ-9—J) a A unique identifier for your mailpiece 6729 2 E E T 5000 Ofi6T TOU. jeqwnN 9101W T 0 A signature upon delivery In A record of delivery kept by the Postal Service for two years SSA 0 (983 W93)4AJOAIIGG P8131JIMU Important Reminders: -(YO-0[3 118IN pain-1[3 a Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. 9siPuu4oj9V4 jo;IdjeoeH-n;98[3 PaJOIS1688 13 a Certified Mail is not available for any class of international mail. 1M smdx3 E3 119v4 Peljijveo3[3 w NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For aft solAmS 's valuables,please consider Insured or Registered Mail. a For an additional fee,a Return Receipt may be requested to provide proof of 090TO VW "U04dUML1430N delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the PU TTncpmjl TE fee,Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is G3[012S )3 as1ow required. 0 For an additional fee, delivery may be restricted to the addressee or :01 Pes-saippV 9131Riv addressee's authorized agent.Advise the clerk or mark the mailpiece with the 1*0*LU04 UIGJGJPP SSWppe A-AIPP S1 'G endorsement"Restricted Delivery". spuaied 93rds 11 tuaij 9t4j uo J0 a If a postmark on the Certified Mail receipt is desired,please present the arLi- jo)jo-eq 9t4j ol piIao sIL11 L13L,14V W cle at the post office for postmarking. If a postmark on the Certified Mail Im receipt is not needed,detach and affix label with postage and mail. JGAIRG 10 '0 no,(ol p1go 9t4j ujnlaj Lueo am jB41 OS A W'I F11 11-N Pglu.ud)Aq PeA19008 *EI GGSSQJPPV 13 X 9SJ9A8J 941110 SSOJPPB PUL,9wau snots luPd E IMPORTANT:Save this receipt and present it when making an inquiry. -paj!sep Si AjeAllea P9jdjjjSG8 1117 Wei! lug IVYTMIV 'T P' ,9191dwoo w PS Form 3800,January 2001 (Reverse) 102595-M-01-2425 eunjeur)IS -V 9101dwoo oSrvr uu'Z'L sLue:v —------------ Ad-gAI-730 NONOUO3S SIH_L 3137dl/1103.� N01103S SIH.L 3137dilVOO :83aN3S - - ------------ -- ------ $ � �assatllttsctts DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ! Municipal Building Northmptmxt,MA 01060 January 28, 2005 Bacon& Wilson Morse& Sacks 31 Trumbull Rd. Northampton, MA 01060 RE: Request for Notice of Violation Regarding Unlawful Dumping by Costello Dismantling Dear Attorney Mark A. Tanner, I do not have jurisdiction in the Town of Easthampton, nor do I have first hand knowledge of alleged violation. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: Janet Sheppard, Esq., Costello Dismantling January 25, 2005 City Of Northampton BACON& Office of the Building Inspector WILSON Attn: Anthony Patillo —PC _ 212 Main Street MORSE Northampton, MA 01060 &SACKS RE: Request For Notice of Violation Regarding Unlawful Dumping ATTORNEYS AT LAW of Construction Debris From Northampton State Hospital in Easthampton, Massachusetts by Costello Dismantling Company, Inc. 31 TRUMBULL ROAD NORTHAMPTON,MA 01060-3036 FAX(413)584-0453. Dear BuildingInspector Patillo: PHONE(413)5841287 p 33 STATE STREET SPRINGFIELD,MA 01103-2003 As you are aware, this office represents the interests of Mr. David FAX(413)739-7740 Coppolo regarding the unlawful dumping of demolition debris from the old PHONE(413)781-0560 Northampton State Hospital Grounds onto his property in Easthampton, 9 CHAPEL STREET WESTFIELD,MA 01085-3009 Massachusetts. Although we have tried on several occasions to have Costello FAX(413)562-0548 Dismantling Company, Inc. (hereinafter Costello), the party ultimately PHONE(413)562-6611 responsible for the dumping, remove the demolition debris from Mr. Coppolo's MICHAEL S.RATNEA PAUL R.SALVAGE propert y, we have been unsuccessful. In addition to suffering damage to his GARY LFIALKY real property, the Town of Easthampton, Massachusetts has instituted a MICHAEL B.KATZ PAUL H.ROTHSCHILD criminal action against my client, based solely on the actions of Costello and its STEPHEN N.KREVALIN agents. It is also m understandingthat Costello does not contest the fact that HYMAN G.DARLING g y MARK J.BEGLANE American Crushing & Recycling, its agent, unlawfully dumped demolition debris GARY G.BRET MICHAEL J. OOYNE on my client's property, or that the debris in fact came from the State Hospital KENNETH J.ALBANO Grounds. RICHARD A.CORBERT ROBERTS.MURPHY,JR. PHILIPSMITH FRANCISS R.MIRKIN g Accordin to TITLE 780 § 118.1 of the Code of Massachusetts MICHELLE M.BEGLEY* Regulations (CMR) dealing with building regulations and standards, it is MARTIN C.DUNN' JULIE A.DIALESSI-LAFLEY• unlawful for any person, firm or corporation to. . . demolish any building or GINA M.BARRY' structure . . . in violati DONNA L WEXLEA on of any of the provisions of 780 CMR. in this case, JUSTIN H.DION* Costello was required under 780 CMR 111.5 and Mass. Gen. Laws c. 40, § ADAM J. E E.BEL 54 to dispose of its demolition debris in aproperly' licensed solid waste GIUSEPPE E.BELLAVITA p BENJAMIN M.COYLE disposal facility, which it did not. Further, upon changing the location for the BRETT A.KAUFMAN TODD C.RATNER dumping of its debris, Costello was required to notify your office, in writing, as MARK A.M.TANNER-- to the new location where the debris was to be disposed of, which it did not. MARK A.TANNER" p •ADMIII ALSO IN CT Given the above actions, Costello has committed an unlawful act in violation -ADMRTmALSO INNY of the provisions of 780 CMR. - OF COUNSEL " ELIZABETH A.GINTER BRED Pursuant to 780 CMR 118.2, entitled "Notice of Violation," upon an PHIUPC.SMITH occurrence of violation of the provisions of 780 CMR, the building official shall JAMES M.SWEENEY serve a notice of violation or order on the person responsible for the . . . GEORGE A.BACON (1869-1945) demolition in violation of the provisions of 780 CMR. This notice of violation PETER D.WILSON (1908-1989) JUSTIN COHEN (1913-1987 JAY A.GABRIEL (1960-2004) www.bacon-wilson.com may be served by any person authorized by your office, or by sending a copy to the responsible party via registered mail. 780 CMR 118.2 further provides that such order shall be in writing and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. If, after receiving notice of the violation from the building officials, the directive is not complied with, a building official may institute appropriate proceedings at law, or in equity, to restrain, correct, or abate the violation of 780 CMR. Pursuant to 780 CMR 118.4, whoever violates any provision of 780 CMR, shall be punishable by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both for each such violation, and each day during which a violation exists shall constitute a separate offense. However, that the building official shall not begin criminal prosecution for such violations until thirty (30) days after the issuance of the written-notice of violation. Pursuant-to Mass. Ger,. Law. c. 143 § 3A, the local inspector shall enforce the state building code within the city or town from which he is appointed. On behalf of Mr. Coppolo, a wholly.innocent party in this matter, I ask that you enforce the provisions of the Massachusetts General Laws and regulations with regard to the actions of Costello. See Generally O'Donnell v. Board of Appeals of Billerica, 207 N.E.2d 877, 349 Mass. 324 (1965)(Mandamus proceedings are available to require performance of duty by officer or officers charged with enforcing building by-law.) For your convenience, I have drafted a letter to Costello Dismantling Company, Inc. on your behalf, and will gladly provide you with an electronic copy of this letter upon your request. Please contact me at your earliest possible convenience so we may discuss the prompt resolution of this matter. Very Truly Yours, Bacon & Wilson, P.C. Morse & Sacks By_ Z-4 AL Ma A. Tanner JD, MBA MATJcdr cc: Janet Shepard, Esq. Costello Dismantling Company, Inc. Client January_, 2005 Via Registered Mail Costello Dismantling Company, Inc. Attn: Daniel T. Costello, President =w` 2 Rocky Gutter Street pG ___.w__.__.�_.. Middleboro, MA 02346 r ""' s NOTICE OF VIOLATION'Regarding Disposition of Demolition Debris From the Northampton State Hospital in Northampton, Massachusetts. Mapr.�B�Ra�ce�,�5Q 0 Dear Mr. Costello: Purusant to Mass. Gen. Law. c. 143 § 3A, I am the enforcement officer for the State Building Code in the City of Northampton, Massachusetts. Pursuant to Title 780 § 118.1 of the Code of Massachusetts Regulations (CMR) dealing with building regulations_and standards, it is unlawful for any person, firm or corporation to . . . demolish any building or structure . . . in violation of any of the provisions of 780 CMR._ In obtaining its demolition permits for job sites at the Northampton State Hospital, Costello Dismantling Company, Inc. (hereinafter "Costello"), was required, pursuant to 780 CMR 111.5 and Mass- Gen. Laws c. 40 § 54, to name a licensed disposal location, and dispose of its demolition debris from the Northampton State Hospital in a properly,licensed' solid waste disposal facility. Further, upon changing the location for.the disposal of its debris, Costello was required to notify this office, in writing, as to the new location where the debris was to be disposed of. It is my understanding, based upon my review of the various permit applications, a letter from Attorney Mark A. Tanner, and discussions with the building inspector from the Town of Easthampton, Massachusetts, that Costello, or its agents, unlawfully disposed of demolition debris from the Northampton State Hospital Job site at a residential location in Easthampton-, Massachusetts which"was not a licensed solid waste landfill facility. It is also my understanding that, during correspondence with Attorney Tanner's office, Costello has not, and does not, deny the above statements. Given the ample evidence of unlawful disposal, Costello has committed an illegal act in violation of the provisions of 780 CMR. You are hereby provided notice pursuant to 780 CMR 118.2 that you are in violation of the provisions of 780 CMR. You are further ordered, pursuant to 780 CMR 118.2, to discontinue your illegal action and immediately abate:the violation. Should you fail to take the aforementioned steps within thirty-(30) days after receiving this notice, this office may institute appropriate proceedings at law or in equity to restrain, correct, or abate the violation of 780 CMR. Further, pursuant to 780 CMR 118.4, whomever violates any provision of 780 CMR shall be punishable by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both for each such violation, and each day during which a violation exists shall constitute a separate offense. Provided however, that should this office decide to seek the issuance of a criminal complaint for your conduct, this office will not begin such application until thirty (30) days after the issuance of this notice of violation. Please contact this office immediately so that we may discuss the above issues. Very Truly Yours, Anthony Patiilo, Building Inspector _ uonstructton and DemolitionAggregateRecyclingFacilities Page 1 of 3 :.PROTECTION Recycling Program Fact Sheet Construction.and_.Demolition Aggregate_Reeveling Facilities Highway Construction and Demolition Debris Management Construction and Demolition Aggregate Recycling Facilities This list of companies operate clean fill, concrete, rubble, and asphalt recycling facilities in Connecticut. The name,phone number, and contact person of the company and location of the established drop-off facility is listed. This is only a partial listing, and by providing it to you, the Department does not recommend any of these companies over any others. American Materials Corp. O & G Industries, Inc. 100 Old Iron Ore Rd. 1225 Seaview Ave. Bloomfield, CT 06002 Bridgeport, CT 06605 Phone: 860-242-6023 Phone: 860-485-6622 Contact: Charlie Kopcinski Fax: 860-485-6602 Contact: Suzanne Duffy e-mail: sueduffy u:_ogind.com wwwogind.com Art Barber Excavating,Inc. O & G Industries, Inc. PO Box 439 - Meadowbrook Rd. 69-70 Davenport St. Ellington, CT 06029 Stamford, CT 06902 Phone: 860-875-3892 Phone: 860-485-6622 Contact: Art Barber Fax: 860-485-6602 Contact: Suzanne Duffy e-mail: sueduffv c oQgind.com www.ogind.com John J. Brennan Construction Recycled Concrete Products 2 Riverdale Ave. Apothecaries Rd. Shelton, CT 06484 East Windsor, CT 06106 Phone: 203-929-6314 Phone: 1-800-742-6701 Contact: Howard Vagt Contact:-Don Mucci Burns Construction Tilcon Connecticut Housatonic Ave. Colt Highway, Route 6 Bridgeport, CT 06604 Farmington, CT 06032 Phone: 203-335-6640 Phone: 860-677-1643 or 860-612-3092 Contact: Edward Burns Contact: Joe Donaroma Hubert E. ButlerTilcon Connecticut Route 66 185 South Rd. http://www.dep.state.ct.us/wst/recycle/constrct.htm 1/28/2005 attu Livanutwun aggregate Kecycling Pacilities Page 2 of 3 Portland, CT 06480 Groton, CT 06340 Phone: 860-342-3880 Phone: 860-445-2457 Contact:Nancy Abell Contact: Steven Chisholm Galasso Materials, LLC Valley Sand & Gravel PO Box 1776 400 North Frontage Rd. East Granby, CT 06026 North Haven, CT 06473 Phone: 860-653-2524, x3236 and x3293Phone: 203-467-6328 Contact: Bob Bertolo Contact: William Laydon, Jr. Guerrera Construction Company, Inc. Waste Conversion Technologies, Inc. 154 Christian Street 221 Old Gate Ln. Oxford, CT 06478 Milford, CT 04460 Phone: 203-888-5069 Phone: 203-882-5840 Fax: 203-888-7191 Contact: Lorene Stapleton Contact: Joseph A. Guerrera, Jr., President or Jill Toma, Executive Assistance jute a.,snet.net C- Incorporated Industries,LLC Wilcox Trucking 180 West Newberry Rd. 83 Old Windsor Rd. Bloomfield, CT 06002 Bloomfield, CT 06002 Phone: 860-242-0150 one: 860-243-8870 Contact: Ken Ouellette Contact: Mrs. Wilcox �wjncQrpind.corn Bart Lorusso & Sons, Inc. Yorkhill Trap Rock Quarry Co. The General Stone Company, LLC 975 Westfield Rd. 109 Nichols Dr. Meriden, CT 06450 Waterbury, CT Phone: 203-237-8421 Phone: 203-755-0065 Contact: Bruce Dypky Contact: Bart Lorusso, Jr. Metcalf Paving 52 Jackson St. Waterbury, CT 06702 Phone: 203-264-5846 Fax: 203-465-0026 Contact: John Metcalf These facilities are active as of April, 2004. Highway Construction and Demolition Debris Management Asphalt, concrete, brick and block and clean fill earthen materials, referred to as construction and demolition aggregate debris (C&DD), are generated during most construction and renovation projects and some demolition related activities. Asphalt, concrete and other inert materials can be considered clean fill. Clean fill is defined in Section 22a-209 of the Regulations of Connecticut State Agencies as natural soil, rock, brick, ceramics, concrete, and asphalt paving fragments which are virtually inert and http://www.dep.state.ct.us/wst/recycle/constrct.htm 1/28/2005 -�� �� •�=1 FluL�ill�i������rkggregaLetcecyciingraciiities Page 3 of 3 pose neither a fire threat nor a pollution threat to ground or surface water. The placement of clean fill is exempt from solid waste regulations. Siting requirements for clean fill recycling facilities are typically regulated at the municipal level by municipal conservation and zoning commission requirements. Surplus C&DD materials are a valuable resource when managed appropriately. Managing this once discarded resource is a growing business and cost saving opportunity for municipalities and private companies. In addition to the private processing and recycling facilities listed on the reverse side, many construction companies operate mobile crushing, screening, and sorting facilities for custom recycling work on construction and demolition sites. On-site recycling at construction and demolition projects has many economic advantages. C&DD rubble can be crushed and reused on site as sub-base and backfill material reducing disposal, transportation and fill replacement costs on some projects. Municipalities and private companies can stockpile C&DD in a centralized location in town and periodically crush and sort the aggregate materials into reusable construction products. Environmental regulations protecting ground and surface waters and municipal zoning regulations have greatly reduced the availability of land for the dispose of C&DD clean fill. Difficulty in siting new gravel or quarry operations and virgin stone products prices as well as limitations placed on the disposal options for C&DD surplus materials has created an economic framework that favors recycling. The Department is promoting the recycling of construction and demolition aggregate to conserve resources and diminish potential illegal dumping in environmentally sensitive areas. DEP has developed a policy to allow the recycling of road sand sweepings by blending the sweepings with aggregate materials for re-use. This DEP policy is available upon request. Municipalities should review and implement the DEP policy for the reuse and recycling of road sand sweepings. Municipalities should evaluate the cost benefit,potential of recycling municipally generated C&DD. The DEP encourages all municipalities to develop a C&DD management plan that encourages recycling and conserves resources. For more information, call or write: Connecticut Department of Environmental Protection Waste Management Bureau, Recycling Program 79 Elm Street Hartford, CT 06106-5127 Phone: 860-424-3365 Top I RecyclJ.Rg Homo_Pago Bureau of Waste_:Managem_ent Last Update: April 14, 2004 Home I Contact Us I Search I Feedback I Website LegalInfo Send comments or questions regarding this site to dep.webmaster(a)po state ct us Copyright 1998-2004 Connecticut Department of Environmental Protection http://www.dep.state.ct.us/wst/recycle/constrct.htm 1/28/2005 M.G.L.A. 111 § 150A MASSACHUSETTS GENERAL LAWS ANNOTATED PART I. ADMINISTRATION OF THE GOVERNMENT TITLE XVI. PUBLIC HEALTH CHAPTER 111. PUBLIC HEALTH NOISOME TRADES Current through Ch. 347 of the 2004 2nd Annual Sess. § 150A. Solid waste disposal facilities; maintenance and operation; applications for site assignment As used in this section and in section one hundred and fifty A 1/2 the following words shall, unless the context otherwise requires, have the following meanings:-- "Department", the department of environmental protection. "Facility", a sanitary landfill, a refuse transfer station, a refuse incinerator rated by the department at more than one ton of refuse per hour, a resource recovery facility, a refuse composting plant, a dumping ground for refuse or any other works for treating, storing, or disposing of refuse. "Refuse", all solid or liquid waste materials, including garbage and rubbish, and sludge, but not including sewage, and those materials defined as hazardous wastes in section two of chapter twenty-one C and those materials defined as source, special nuclear or by-product material under the provisions of the Atomic Energy Act of 1954. "Maintain", to establish, keep or sustain the presence of a facility on a site, whether or not such facility is in operation and whether or not such facility has been closed. No place in any city or town shall be maintained or operated by any person, including any political subdivision of the commonwealth, as a site for a facility, or as an expansion of an existing facility, unless, after a public hearing, such place has been assigned by the board of health of such city or town in accordance with the provisions of this section, or, in the case of a facility owned or operated by an agency of the commonwealth, such place has been assigned by the department after a public hearing and unless public notice of such assignment has been given by the board of health or the department, whichever is applicable. The determination by the board of health, or the department in the case of a state agency, of whether to assign a place as a site for a facility, or for the expansion of an existing facility, shall be based upon the site suitability criteria established by the department in cooperation with the department of public health pursuant to section one hundred and fifty A 1/2, and any site assignment shall be subject to such limitations with respect to the extent, character and nature of the facility or expansion thereof as may be necessary to ensure that the facility or expansion thereof will not present a threat to the public health, safety or the environment. Any person desiring to maintain or operate a site for a new facility or the expansion of an existing facility shall submit an application for a site assignment to the local board of health and simultaneously provide copies to the department and the department of public health. A copy of the application for site assignment shall be filed with the board of health of any municipality within one-half mile of the proposed site. Any municipality within such one-half mile shall be afforded all the procedural rights of an abutter for the purpose of administrative review by the department or public hearing by the board of health where the proposed site is located. The department shall, upon request by the board of health, provide advice, guidance and technical assistance to said board during its review of a site assignment application. The department and a board of health may enter into such other cooperative agreements in addition to those herein specified for the purpose of achieving an effective and expeditious review of the application. The board of health may charge a reasonable application fee to cover the costs of conducting a hearing and reviewing technical data submitted to the board. The application fee may also include a portion of the reasonable costs of other technical assistance. The application fee shall be established in accordance with rules and regulations promulgated by the department. Within sixty days of receipt of said application, the department shall issue a report stating whether the proposed site meets the criteria established under section one hundred and fifty A 1/2 for the protection of the public health and safety and the environment. Any and all such reports shall be made available to the public in a timely fashion prior to any public hearing concerning the site application. Within sixty days of receipt of said application, the department of public health shall review said application and comment thereon as to any potential impact of a site on the public health and safety. The department of public health may, in addition to its comment, make or cause to be made a public report, in writing, as it relates to an expansion of an existing facility or the assignment of a place as a site for a facility and provide said report with its written comments to the board of health. The department of public health shall coordinate and cooperate with a board of health on any matter relating to said public health report. Within thirty days of the receipt of the department's report, the board of health shall hold a public hearing satisfying the requirements of chapter thirty A. Within forty-five days of the initial date of such hearing, the board of health shall render its decision on whether to assign a site for a facility, in writing, accompanied by a statement of reasons therefor and publish notice of said decision including determinations of each issue of fact or law necessary to the decision. No assignment shall be granted by the local board of health unless the department report affirms that the siting criteria of said section one hundred and fifty A 1/2 have been met by the proposed site. The board of health shall consider the concerns, if any, relative to the public health and safety cited by the department of public health. A local board of health shall assign a place requested by an applicant as a site for a new facility or the expansion of an existing facility unless it makes a finding, based on the siting criteria established by said section one hundred and fifty A 1/2, that the siting thereof would constitute a danger to the public health or safety or the environment. Any person aggrieved by a decision of a board of health in assigning or refusing to assign a place as a site for a new facility, or expanding or refusing to expand an existing facility, except a resource recovery facility in operation or under construction prior to July first, nineteen hundred and eighty-seven, may, within thirty days of the publication of notice of such decision, appeal under the provisions of section fourteen of chapter thirty A. For the limited purposes of such an appeal, a local board of health shall be deemed to be a state agency under the provisions of said chapter thirty A and its proceedings and decision shall be deemed to be a final decision in an adjudicatory proceeding. No facility shall be established, constructed, expanded, maintained, operated, or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the department and the department has granted a permit for the facility, and notice of such permit is recorded in the registry of deeds, or if the land affected thereby is registered land in the registry section of the land court for the district wherein the land lies. Within one hundred and twenty days after the department is satisfied that said operating plans, specifications, and reports are complete, the department shall make a decision granting or refusing to grant such permit. Said permit may limit or prohibit the disposal of particular types of solid waste at a facility in order to extend the useful life of the facility or reduce its environmental impact. Every decision by the department granting or refusing to grant such permit shall be in writing and shall contain findings with regard to criteria established by the department. Any person aggrieved by the action of the department in granting or refusing to grant such permit, may appeal said decision pursuant to the provisions of section fourteen of chapter thirty A. For the limited purposes of such an appeal said department action shall be deemed to be a final decision in an adjudicatory proceeding. Every person maintaining or operating a facility, including every political subdivision of the commonwealth, shall maintain and operate the same in such manner as will protect the public health and safety and the environment. Upon determination that the operation or maintenance of a facility results in a threat to the public health and safety or the environment, such site assignment decision by a board of health may be rescinded or suspended or may be modified through the imposition or amendment of conditions, at any time after due notice and public hearing satisfying the requirements of section eleven of chapter thirty A by the board of health of the city or town where such facility is located or by the department. Any person aggrieved by the decision of the board of health or the department in rescinding, suspending or modifying a site assignment may appeal said decision within thirty days of the publication of notice thereof pursuant to the provisions of section fourteen of chapter thirty A. For the limited purposes of such an appeal a local board of health shall be deemed a state agency under the provisions of said chapter thirty A and said decision shall be deemed to be a final decision in an adjudicatory proceeding and the decision of the department shall be deemed to be a final decision in an adjudicatory proceeding. The department may rescind, suspend or modify the permit upon a determination that the operation or maintenance of the facility results in a threat to the public health and safety or to the environment. Any person aggrieved by such decision of the department may, within thirty days of the publication of notice thereof, appeal said decision pursuant to the provisions of chapter thirty A. If a facility is a landfill owned or operated by any person other than a town or agency of the commonwealth, such person shall pay to the town where the facility is located an amount in accordance with the provisions of section twenty-four A of chapter sixteen for each ton of solid waste which is disposed of in such landfill. On or before the twentieth day of each month every such person shall file a return subscribed under the penalties of perjury with the board of health of the town in which such facility is located, on such form as the commissioner of environmental protection shall require for determination of the fee imposed by this paragraph. Said fee shall be due and payable on or before the due date of the return. Notwithstanding the foregoing, however, no fee shall be required or collected from an owner of a privately owned facility used by the owner thereof for the sole disposal of refuse generated from his own premises, and no such return need be filed. No person shall dispose or contract for the disposal of solid waste at any place which has not been approved by the department pursuant to the provisions of this section or other applicable law. The department shall allow any unlined landfill, owned or operated by a municipality or a solid waste district, to continue accepting refuse in compliance with existing approvals after January first, nineteen hundred and ninety-four; provided, that said municipality or district files a statement of intent with the department on or before August fifteenth, nineteen hundred and ninety-three, as to its intent to continue in operation after January first, nineteen hundred and ninety-four; provided further, that any landfill for which a statement of intent has been submitted shall operate in accordance with applicable federal and state statutes, regulations, existing approvals, and provisions included herein. For purposes of this paragraph, the term "existing approval" shall include any permit, site assignment,plan approval, condition of operation, or any other applicable order or rule governing the operations of a landfill issued or granted by a municipality, the department, or any other agency of the commonwealth, or for which an application was pending as of May first, nineteen hundred and ninety-three, when granted in accordance with applicable regulations; provided, that no such application shall be denied arbitrarily and capriciously. Any municipality or district which does not file such a statement of intent shall cease accepting refuse no later than January first, nineteen hundred and ninety-four, and shall commence closure of the landfill under its control subject to the approval of the department in accordance with regulations promulgated by the department. On or before October first, nineteen hundred and ninety-three, the department shall compile and publish a list of all landfills for which a statement of intent has been filed and classify separately, as supported by scientific data, those landfills which pose a significant threat to the public health, safety, or the environment, those landfills which pose a potential threat, and those landfills for which current scientific data demonstrate little or no present discernible threat or for which current data is inconclusive. In classifying landfills, the department shall utilize all available scientific data, including, without limitation, any scientific data submitted by the municipality or the district and any additional scientific data generated by the department relative to an assessment of the actual or potential migration of leachate or other contaminants off the site of the landfill. The department shall publish the list and accept public comment on said list. The department shall, if requested by November first, nineteen hundred and ninety-three, by the chief executive officer of a municipality or a district with a landfill on the list, participate in a public meeting in the municipality or district to be scheduled at mutual convenience within sixty days of such request. By February first, nineteen hundred and ninety-four, the department shall issue a final revised list taking into account any additional information generated or received through the comment and meeting process. The department shall work in conjunction with a municipality or a district to establish a schedule for the municipality or district to commence and complete closure of the landfill, considering the risks posed by the landfill and the fiscal capacity of the municipality or district to be incorporated in a consent order. If an agreement is not reached, the department may order any landfill which is classified as a significant threat to public health, safety or the environment to cease operations and commence closure, or take such other action as the department deems necessary; provided,that the municipality or district may request an adjudicatory hearing on such order pursuant to chapter thirty A. A municipality or district operating a landfill classified by the department as a potential threat shall no later than July first, nineteen hundred and ninety-four, install a groundwater monitoring system approved by the department, and shall report the results of such monitoring to the department no more than quarterly thereafter. A municipality or district operating a landfill for which the department has determined little or no present discernible threat exists or for which current data is inconclusive shall no later than January first, nineteen hundred and ninety-five, install a groundwater monitoring system approved by the department, and shall report the results of such monitoring to the department no more than quarterly thereafter. It shall be a violation of this section to falsify or falsely report any monitoring results. If the results of such groundwater monitoring or other site specific assessment indicate that a landfill does pose a threat to public health, safety or environment,the department shall work in conjunction with a municipality or a district to establish a schedule for the municipality or district to commence and complete closure of the landfill, considering the risks posed by the landfill and the fiscal capacity of the municipality or district to be incorporated in a consent order. If an agreement is not reached, the department may order the municipality or district to cease operations and commence closure, or to take such other action as the department deems necessary; provided, that the municipality or district may request an adjudicatory hearing on such order pursuant to chapter thirty A. Nothing in this paragraph shall preclude the department from acting to address violations of this section, chapter twenty-one E or the regulations promulgated thereunder. No site on which a facility was operated shall be conveyed or leased by the owner thereof, or be devoted to any use other than the operation of a facility, until notice that such facility was operated on the site is recorded in the registry of deeds, or if the land affected thereby be registered land, in the registry section of the land court for the district wherein the land lies. 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 shall adopt and may from time to time amend rules and regulations, and the commissioner may issue orders, to enforce the provisions of this section. Any person, including any political subdivision of the commonwealth who violates this section, or any order issued pursuant thereto, or any rule or regulation promulgated hereunder(1) shall be subject to a fine of not more than twenty-five thousand dollars, or by imprisonment for not more than two years in a house of correction, or both, for each.such violation; or(2) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each such violation. Each day each such violation occurs or continues shall be deemed a separate offense. These penalties shall be in addition to any other penalties that may be prescribed by law. The superior court shall have jurisdiction in equity to enforce the provisions of this section upon petition of the department or any aggrieved person. Ash produced from the combustion of coal, including but not limited to fly ash and bottom ash, shall not be construed as refuse,rubbish, garbage, or waste material under this section when used as a raw material for concrete block manufacture, aggregate, fill, base for road construction, or other commercial or industrial purpose, or stored for such use. A location where such use or storage takes place may be constructed, established, maintained, and operated without being construed as a facility or site for a facility under this section, and no assignment or approval from the board of health or the department shall be required for such construction, establishment, maintenance, or operation; provided, however, the department shall have jurisdiction to determine, after notice and hearing, that the establishment or operation of such a location has created a nuisance condition by reason of odor, dust, fires, smoke, the breeding or harboring of rodents, flies or vermin, or other causes, and to prevent or order abatement thereof; and provided, further, that no final disposal of ash produced by the combustion of coal may be accomplished by burial of such ash in the ground, other than as base for road construction or fill, unless the place where such disposal takes place has been assigned for such disposal by the board of health and plans for such disposal have been approved by the department pursuant to this section. The department may waive the requirements of the preceding paragraphs of this section and the application of any regulations, or portions thereof,promulgated under the preceding paragraphs of this section as they may apply to the disposal by burial of ash produced by the burning of coal, and shall review and may approve the plans, site and method of storage upon a determination that no nuisance is created and damage to the environment is minimal. Use of ash produced from the combustion of coal as intermediate cover material over rubbish at sanitary landfill facilities may be permitted by assignment of the board of health with approval of the department under this section. MGLA 111 § 150A, Solid waste disposal facilities; maintenance and operation; applications for site assignment ------------ Excerpt from pages 38796-38800 v... <r. <uu., ♦✓.<� ✓va�-+r✓v�a t-rUJIGLLU U1JI•IHIY1LlIVV Y'Hl7t- F71 aDSTE U-0 v ISMA NTLI N C, aa., 1 N C. IP-OCky rL.,',TT-t7P-SrR.EET MIDDLEE�,OR-O, MASS 02346, TEL#{-50$j41,--,-0220 FAX#f•50g_�47-3093 e-wL.aL address w�a�tLs@costeLLod�s�uawtL�Utig.covu FAX COvETZSI-tEET DATC- VAPly FArX NKMSBTL: F}20M: OQ MESSAGE: y�Y_ 72 NLAMr>eR;OF PRC,-05 TRAM 4-%M1,'1-'tEn lNlLL#LL3fNif; COVER- IF YC>i.t DO NOT PECEfV6 rf+e,TOTAL r-iwmPEp-OF PRCrES INDICATED.4£OVE, PL6RSE GAL C qt (.riOF,1 �f�fn-r�f?f34. Thf,4Nlt YOL4. 01!2(/2005 I5:29 5089473093 COSTELLO DISMANTLING PAGE 02 02/2x/2003 12:22 8602430734 AMERICAN CRUSHING rWtdt 02 VuLuouurlj 1 7V EXHIBIT A --C PER, - TOWN OF 13LOOMFIRLD - TOW14 PLAN & ZONINQ, rZOW415SION $3 Old win4sor Rd&q.,_X0QF111tIj please type or p,cint jEcaRo; David R. ,WiICVX 4pplicAttOn for 504C101 permit- pursuant to the Bloomfield Z*nin Regulations , Pertains piens r-se--*­5�ounded and described as f0tlows: attach written legal boundary d%scrtp;tgn of subject premises) SEE ATTACHED r-jiWa—t Zj F-e -of Owner or Recoid "Lr:.,,Sz N= REi UIPSMNTS BELOW FOR RE=DING SPECIAL PERAIT CN LkW RECORDS Ty 4v completed by Town Plan A Zoning Commission following approvbt u4rvby zcrttty that the Town Plan R Zoning Convatsston, at a .A44tlng r.etd on Se t ber 24, 1993 approved the special permit -,P-P I t QAL t t or, ofTr-uckIrLQ-.jnc-- f*C Grmvgl Drnr-g ' 'QA Ar-- 85 Old Windsor Road to Include outside stcr&ge, handling, screening, siftl% oy earthen materf4j$ and clean fjjIj gut-,41git etnracit of equipment- -c the pursuant to Section of the sloomrioic 4nit..g Regulations, subjcct to the following -1c-6F-8T-ti*n$ (It Any) 411 previous conditions Of approval originally approved July 11, 1991 and revised July 28,, 1994, as madifled and extended oy this approval. 9161-C743taI& TFZ ,�OT:, VUkSUANT TO SECTION 6-3d OF THE CONN. GENRALSTATUTE$, THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL IT HAS BEEN RECORDED C,a "rhE: LAND RECORDS OF THE TOWN OF BLOOMFIELD. IT IS THE RESPONSI- ,--iL41Y OF THE OWNER TO RECORD THIS FORM AND PAY THE RECORDING FEE. >iJ;00 FOR THE FIRST PAGE, $5.00 EACH ADDITIONAL PAM 1.0 jULLDINC PERMITS REQUIRED IN CONNECTION VtTli THE ABOVE MAY BE --JSJED UNTIL THIS SPECIAL PERMIT HAS BEEN RECORDED WITH THE TOWN Ct;- 01/27/2005 15:29 5089473093 COSTELLO DISMANTLING PAGE 03 •02/21/2003 12:22 8602436704 AMLMjk Af4 UnuzMINU �..` P OPE'RTY pE'SCRIP7l4NPRFPABE1D FOR WILCOX TRUCXING 8j OLD WINASOR ROAD BLOOMFIEELD.CONNECTICUT y CER'CAIN PIECE OR PARCEL OF LAND SITUATED IN THE TOWN OF COUNTY OF HARTFORD,STATE OF CONNECTICUT,AS SHOWN ON A LrITITLED, 'SITE PLAN,PREPARED FOR WILCOX TRUCKING.83 OLD ROAD,BLOOMFIELD,CONN.,ALFORD ASSOCIATES.CIVIL ENGINEERS, 1 IN. —40 FT.,NOV.2, 1953".SAID PARCEL IS GENERALLY SOUTH OF OLD w u-41)60&ROAD AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS BEGINNING AT AN EXISTING IRON PIN M THE SOUTh STREET LINE OF OLD .r:t4DSGK ROAD,SAID PIN BEING THE NORTHWEST CORNER OF PROPERTY NOW tv;ZMERL'Y JOHN CUMBO AND THE NORTHEAST CORNFR OF THE SUBJECT :,—,LC4L;,HENCE S 05*44'3S"W.200.00 FEET TO A SET IRON PIN;THENCE S 66°25' _W 00 FEET TO A SET IRON PIN;THENCE S 07° 11'00"W,298.:33 FEET TO A SET AN;THE THREE PRECEDING COURSES BEING ALONG PROPERTY NOW OR :i:urxr ttLY lOHN CUMBO:THENCE S 26120' 15"W,ALONG PROPERTY NOW OR ro;: Ni_RLY VINCENT YOKA.BASKAS ET AL,453.94 FEET TO AN EXISTING a.t(.NuMc"tv I;THENCE N 36159125"W,397.17 FEET TO AN EXISTING:IRON PIN, ,Cii .SCE N IS"06'00-E.566,27 FEET TO AN EXISTING IRON PIN,THE TWO r1sZEDl1tiG COURSES BEING ALONG PROPERTY NOW OR FORMERLY RICHARD R. .i,:;:THENC N 70°05' 10"E.35.35 FEET TO AN EXISTING IRON FIN,THENCE j4'27* 10"E. 176.92 FEET TO AN EXISTING IRON PIN IN THE SOUTH,ER,LY STREET -h,i4 GF OLD WINDSOR ROAD,THE TWO PRECEDING COURSU HEJNG ALONG r.:il'i;iL Y NOW OR FORMERLY TOLLAND ENTERPRISES;THENCE:S 71*53' IS"E, uy'i eye:SOUTk STREET LINE OF OLD WINDSOR ROAD, 140.75 FEET TO THE POrNT .i 6tkjlWNlN0;CONTAINING 6.50 ACRES. ReColYid for December 4, 1998 at 9.07 AM Tows pent of loomow