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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
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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
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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