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HomeMy WebLinkAbout0047 WAREHOUSE ROAD - HAZMAT r 1HE TOk4• Town of Barnstable Office:508-862-4644 Public Health DIVISIOn Fax:508-790-6304 • RARMAR-S. • 200 Main Street• Hyannis, MA 02601 t639 TOXIC AND HAZARDOUS MATERIALS INSPECTION REPORT QED MAC a Business Name: c• Vrs C v- Date: Location/Mailing Address: Contact Name/Phone: C�l�,r-r�-, Vc9.,, "0r Inventory Total Amount: 1 MSDS: License#: Tier II : Iry C Labeling: e+rA i 1 Spill Plan: Oil/WaterSeparator: N Floor Drains: WO Emergency Numbers: Storage Areas/Tanks: jJ ct1 ,4 V", Emergency/Containment Equipment: Waste Generator ID: ) 1A Waste Product: P/CWLN Date&Amount of Last Shipment/Frequencv: Licensed Waste Hauler&Destination: Other Waste Disposal Methods: LIST OF TOXIC AND HAZARDOUS MATERIALS NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous material use, storage and disposal of 111 gallons or more requires a license from the Public Health Division. Antifreeze Dry cleaning fluids Automatic transmission fluid Other cleaning solvents&spot removers Engine and radiator flushes Bug and tar removers Hydraulic fluid (including brake fluid) Windshield wash Motor oils Miscellaneous Corrosives Gasoline,jet fuel, aviation gas Cesspool cleaners Diesel fuel, kerosene, #2 heating oil Disinfectants Miscellaneous petroleum prod ct Road salts grease, lubricants, gear oil I Refrigerants Degreasers for engines&garages Pesticides: Caulk/Grout insecticides, herbicides, rodenticides Battery acid (electrolyte)/batteries Photochemicals(Fixers) Rustproofers Photochemicals(Developer) Car wash detergents Printing ink Car waxes and polishes Wood preservatives(creosote) Asphalt&roofing tar Swimming pool chlorine i Paints, varnishes, stains, dyes Lye or caustic soda Lacquer thinners Miscellaneous Combustible .1 4 4 Paint&varnish removers, deglossers Leather dyes Miscellaneous Flammables Fertilizers Floor&furniture strippers PCB's Metal polishes Other chlorinated hydrocarbons Laundry soil &stain removers (including carbon tetrachloride) (including bleach) Any other products with "poison labels" (including chloroform, formaldehyde, hydrochloric acid, other acids) VIOLATIONS: ORDERS: INFORMATION/RECOMMENDATIONS: UI i -L s - Inspector: Facility Representative:: / � WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS Custom Coating/Rhino Inspection 1-22-20 Chris Vangelder, Good day to you. I conducted a required Board of health Inspection at your new business on Warehouse road today. Your sons were very helpful and assisted me today. There are a lot of problems on bringing this location up to code with the Town. I will list several of them here and it will be a start. On the Town's web site are the specific rules of what is required. I also have attached blank forms for you to use in the endeavor. 1. You have to secure a business license from the Town's Clerks office for this location,this will trigger the next steps in this process and they will assist you in doing so. ** 2. You have to register with the Mass DEP for a hazardous waste permit ID. ** 3. There is no fire suppression equipment on site at all. Egresses are not labeled, a fire department inspection will be required as part of the aforementioned procedures. 4. Product labeling is non-compliant and there are no MSDS available to employees, as well as a spill plan and emergency contingency plan in place and posted ** 5. There are flammable materials that are not secured and/or marked and safely stored in a secure non-flammable steel locker. 6. With the work being done at this location,there should be an eye wash station. 7. Each item listed above is not all the violations that have to fixed, but, each department that you visit to obtain permits will be more than helpful in making you compliant 8. We realize how hard it is to conduct business this day and age, but we are here to help you comply in the easiest, most cost effective and safest way possible. 9. Please keep me posted on your progress, BUT, please start this procedure ASAP. I will check back with you periodically during the next Month and you should be able to complete it within 30 days. I have you on the list to contact February 25th by phone to set up an inspection. Respectfully, C. Gus Johnson Hazardous Material Inspector 508-862-4645 chester.Johnson@town.barnstable,m a.us ■ Complete items 1,2,and 3. A Si ture _ E a Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, eceived by(Printed Name) C. Date of Delivery or on the front if space permits. ` 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 11 ff If YES,enter delivery address below: ❑No 4)7 n i',S 1 `r��►m�sSocr, CJ N7Cnnis, o7a. G�60 II I IIIIiI IBI ICI I II II( I I( IIIII II I II I II II II III 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MailTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 1933 6123 1340 22 ❑Certified Ma I Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM ---- Mail 0 Signature Confirmation 7017 1000 0 0 0 0 6 7 6 3 14428 Mail Restricted Delivery Restricted Delivery 30-02-000-9053 � Domestic Return Receipt First-Class Mail .° Postage&Fees Paid Permit No.G-10 9590 9402 1933 6123 1340 22 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service &- YS(7m .... � 7 !I'1f'!%tIt%J%%%%tttlt%ti%j%jit;;%%r %ifi'fif77i11F%lt1%'t#I%tt1 ,Y Barnstable Property Maps Page 1 of 1 y z. 79 F Toots Zoning a r Filter Layers Filter ea�dEll s� .� � W � 1 © Parcel Labels ��� Via : s r _ € pn� s Parcels (on aerials) ❑ �. a � o ?Q�, �#�?f © Parcels(on aerials) w �• Zonin Districts $' g 574 , g Overlay Districts , d � © ® Medical Marijuana -, € a © Adult Use P : C p tt Dock&Pier ` f 3 © ® Solar Photovoltaic a 3 V Medical Services u Ea y n E © Planned Unit Development {} �ry �� _ x € y ' MR, r e 3 © Resource Protection tIJ ,B f Ley ..x,� .A�� Nome ; La ers y � Parcel... �w.> Pezrcel.:- � � �.2.., a https://gis.townofbamstable.us/Html5Viewer/Index.html?viewer=propertymaps&run=FindParcel&propertyID=293050 3/10/2020 TOWN OF BARNSTABLE BAR-W 4 927 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager Address of Offender W4 U" j 1j MV/MB Reg.# Village/State/Zip ka n .; % Y"A (0 ,2161 Business Name —am/pm, on 20_ Business Address 1,, r?j *+ 'F Signaturef of iE'nforcing Officer Village/State/Zip ,, ,,•�,� r M4 n n tm 1 , ,. r V ' + Location of Offense N gm v.. Enforcing tept/Division Offense 1)PA( C_0*r- A#CIPLIa 0A, Macs 3)d 4r-' r"a S4 q7AAGI.-_3� �_'koLA:.,- I Fact s""r�%,Y, ng, s. 1 x. This will serve only as a warning. At this time no legal action has been taken. It is the -goal of Town agencies to achieve . voluntary compliance b'IToown Ordinances, Rules and Regulations. Education efforts and warning notices arse attempts to gain voluntary compliance:"' ' -Subsequent violations will result n appropriate legal action by the Town. �"�.. WHITE-OFFENDER CANARY-ORb./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. TOWN OF BARNSTABLE BAR-W 4,927 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager }, �:, �/ -�.r- Address of Offender J19 1A/Qe—hh.A. �.1�,` MV/MB Reg.# Village/State/Zip rr Q . 16 Business Name am/pm, on 20_ Business Address W ��/n,_.. rt� � / - Signaturef of iEnforcing Officer Village/State/Zip rj f a 'I f_e 1 Location of Offense T ay»,. Enforcing Dept/Division Offense flni, 3)n e ,rna ,3© Facts—%41* I r, I, fig, This will serve only as a warning. At this time no legal action has been-, taken. It is the ;goal of Town agencies to achieve voluntary compliance of ;,;Town Ordinances, Rules and Regulations. Education efforts and warning notices „ar'e, attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. 1... WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. Johnson, Chester ( Gus ) From: Shea, Sally Sent: Wednesday, March 4, 2020 10:36 AM To: 'CCVANGELDER@YAHOO.COM' a Cc: tlanman@hyannisfire.org Subject: 47 Warehouse Rd. Hyannis MA Hyannis Transmission II inc DBA/Custom Coatings We are in receipt of a Business Certificate application (via fax) for 47 Warehouse for the business of Custom Coatings. This form was not completed in its entirety. I do not see any reference to this business in this location in our records. Is this a new location? Please contact us so that we may assist you with your request and guide you properly.' Sincerely, Sally Shea Town of Barnstable Assistant Zoning Admin/Lead Permit Tech. 508-862-4031 lYl V' )Av v+ 5 Update on Custom Coatings 3-10-20 Spoke to Chris (son) at Custom Coatings 47 warehouse Road Unit 4 today and relayed the following information to him. He needs to immediately seek site plan review for his business being conducted at 47 Warehouse Road Unit 4. 1 told him that I would not pursue any violations at this time. (Please see attached letter) I put the 72 hour notice on hold; it may be a moot point if they cannot get permission to run the business at all. They have completed several of my requests, see attached too I will revisit this in 10 days ( 3-20-20) Gus r 7-6 Custom Coating/Rhino Inspection 1-22-20 Chris Vangelder, Good day to you. I conducted a required Board of health Inspection at your new business on Warehouse road today. Your sons were very helpful and assisted me today. There are a lot of problems on bringing this location up to code with the Town. I will list several of them here and it will be a start. On the Town's web site are the specific rules of what is required. I also have attached blank forms for you to use in the endeavor. 1. You have to secure a business license from the Town's Clerks office for this location, this will trigger the next steps in this process and they will assist you in doing so. ** 2. You have to register with the Mass DEP for a hazardous waste permit ID. ** 3.�)li•c�-p There is no fire suppression equipment on site at all. Egresses are not labeled, a fire department inspection will be required as part of the aforementioned procedures. vsw, /`4. Product labeling is non-compliant and there are no MSDS available to employees, as well as a spill plan and emergency contingency plan in place and posted ** 5. There are flammable materials that are not secured and/or marked and safely stored in a secure non-flammable steel locker. _ V 6. With the work being done at this location, there should be an eye wash station. 7. Each item listed above is not all the violations that have to fixed, but, each department that you visit to obtain permits will be more than helpful in making you compliant 8. We realize how hard it is to conduct business this day and age, but we are here to help you comply in the easiest, most cost effective and safest way possible. 9. Please keep me posted on your progress, BUT, please start this procedure ASAP. I will check back with you periodically during the next Month and you should be able to complete it within 30 days. I have you on the list to contact February 25th by phone to set up an inspection. Respectfully, C. Gus Johnson Hazardous Material Inspector_ - 508-862-4645 chester.johnson@town.barnstable,ma.us f SME r, • BARNSTABLE, 9- MASS. - 679 i � �F 639 Inspectional Services Public Health Division Thomas McKean,Director 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 copy . 508-790-6304 Custom Coatings c/o Hyannis Transmission Chris VanGelder et al Property Address: February 27, 2020 47 Warehouse Rd Unit 4 Hyannis, MA. 02601 Mailing Address: 104 Enterprise Drive Hyannis, MA. 02601 Mr. VanGelder, On 1-22-20 a site inspection was performed on your property in regards to any hazardous material stored/used/generated on your property. At this time a letter was sent to you along with all appropriate forms needed to conform to the Town of Barnstable rules and regulations under Chapter 108 and 326 and Mass 310 C.M.R 30 Hazardous Waste regulations, and an agreed upon date of 2-25-20 for the violations to be rectified. On 1-30-20 a check revealed that no action had been taken. On 2-12-20 a check revealed that again, no action has been taken. On 2-26-20 a check (final inspection) revealed that NO attempt had been made to conform to any of the rules and regulations that were astreed upon on 1-22-20 and to be completed by 2-25-20. These violations are both a serious safety concern as well as a serious health concern for any employees and/or customers at 47 Warehouse Road Unit 4 Hyannis, MA. 02601. I waited the entire day for some responsible party to call me as requested to Chris at the time of inspection. Below are several violations that have to be taken care of within 72 hours from receipt of this letter. Also enclosed is a written warning notice that precedes any further action on this matter if all violations are corrected within the time frame. Citation # BAR-W 4927 If the violations are not corrected, further action will be taken. This may include, but not limited to, criminal/civil 1 t violations, Barnstable Court action, and Mass D.E.P emergency response unit for threat of release of hazardous waste under Mass Chapter 21(e). All of the violations listed below are located at Custom Coatings 47 Warehouse Road Unit 4 Hyannis, MA. 02601. VIOLATIONS: • No business license to operate a business in Hyannis was posted. • No hazardous,material.license issued/displayed • No,registrat on'with the Mass D.E.P for a(VSQG) • Inadequatelor nonexistence of any fire suppression equipment. • Egresses not marked as exits • No product labeling at all/new or waste products • Flammable materials not marked and placed in a steel fire cabinet so marked • No eye wash station • General work area not clean and safe • No spill plan/contingency plan posted • No SDS sheets available to employees • No Spill containment kit REGULATION/ORDER TO: • All aforementioned violations and rules are available on the Town of Barnstable web site under e-code/hazardous waste • Mass D.E.P web site for repair garages and repair facilities • Mass D.E.P. web site for generators of hazardous waste/registration for a very small quantity generator(VSQG) • 310 CMR 30. State of Massachusetts Hazardous Waste Regulations REGULATION/ORDER: All of the aforementioned violations are in the pages to follow • Town of Barnstable: Fuel and Chemical Storage Tanks Chapter 326-5 states: • All above-ground fuel storage tag^ shall have the following- • A. Provisions shall be made to protect the tam from the elements. Rustproofing must be applied to all tom; surfaces. • B. Every aboveground fuel and chemical storage tom;shall be placed and secured onto a foundation capable of supporting the tom;. The foundation must be larger than the size of the tom; in length and width to prevent spillage and leakage onto pervious surfaces. • C. The to shall lbe securely anchored. 2 - f Under Mass D.E.P rules a (VSQG) generates between 0 and 26 gallons of hazardous waste per month and/or no acutely hazardous waste per month. It appears that Custom Coatings is classified as a (VSQG) by the Mass D.E.P and have to adhere to the following: If your facility uses cleaning solvents, oils, inks,paints, acids or alkalines, it is probably generating hazardous waste with one or more of these characteristics: • Ignitable (catches fire easily, with a flash point lower than 1.40°F) ❑ • Corrosive (very acidic or basic,with a pH of less than 2.0 or more than 12.5) ❑ • Reactive (unstable, reacts violently with water,potentially explosive) ❑ • Toxic (leaches contaminants into the environment), or ❑ • Listed specifically as "hazardous" by the Massachusetts Department of Environmental Protection(MassDEP). MassDEP regulations (310 CMR 30.000: Massachusetts Hazardous Waste Regulations)require businesses that generate any of these wastes to properly identify and safely manage them, and to track them from where they are generated to their ultimate destination for recycling,treatment, or disposal. Facilities generating smaller quantities of hazardous waste are given more compliance flexibility than generators of larger quantities, but still need to safely manage wastes and prevent releases to the environment. You can take advantage of this regulatory flexibility by minimizing the amount of hazardous waste you generate. Use non-hazardous substitutes and reuse or recycle hazardous wastes wherever possible. Hazardous Waste Generator Status & Storage Limits Your status determines how much waste you may accumulate at your site at one time and how quickly you need to ship it off-site for recycling or disposal. • If you generate less than 220 pounds (approximately 27 gallons) of hazardous waste or waste oil per month and no acutely hazardous waste, you may register with(MassDEP) as a Very Small Quantity Generator(VSQG). As a VSQG,you may accumulate up to 2,200 pounds (about 270 gallons) for an indefinite period of time. • If you generate between 220 and 2,200 pounds per month (approximately 27 to 270 gallons), and/or up to 1 kilogram (2.2 pounds) of acutely hazardous waste per month, you are a Small Quantity Generator(SQG) and may accumulate up to 13,200 pounds (1,500 to 1,620 gallons) for no more than 180 days. • If you generate more than 2,200 pounds (approximately 270 gallons) and/or more than 1 kilogram (2.2 pounds) of acutely hazardous waste per month,you are a Large Quantity Generator(LQG). You may accumulate any quantity on-site, but must ship it within 90 days. Please minimize your waste to the best of your ability. Note: The same numerical thresholds apply to both hazardous waste and waste oil. You may register separately and maintain different generator status for each, depending on the quantities you generate. 3 f Very Small Quantity Generator (VSQG) Requirements As a VSQG, you must: • Never accumulate more than 1,000 kilograms (approximately 2,200 pounds or 270 gallons) of hazardous waste or waste oil at any one time. • Store hazardous wastes on an outdoor impervious surface with a secondary containment area or an indoor impervious surface that is not adjacent to a floor drain or other point of discharge.to the outdoor environment. • Secure the storage area against unauthorized access and post it with Hazardous Waste signs. Keep each storage container in good condition and label it Hazardous Waste with the name of the waste (e.g.,toluene, acetone) and its associated hazard(s) (e.g., corrosive, ignitable,toxic). • Retain records of the type and quantity of waste you generate, and the date and method of treatment, recycling or disposal Obtain receipts when you self-transport waste and keep copies of manifests for shipments sent off- site.Use a licensed transporter and manifest(requires EPA ID)when sending your wastes to a MassDEP licensed or approved hazardous waste treatment, storage, disposal or recycling facility. Transport your own waste to another generator that will count your waste with its own, or to a licensed treatment, storage or disposal facility,permitted recycling facility, or community hazardous waste collection center with the operator's permission_ Special Self-Transport Requirements As a registered VSQG, you may transport your own hazardous waste* if you: • Transport no more than 55 gallons at one time and keep a copy of your VSQG registration in the vehicle. • Do not transport incompatible wastes (e.g.,alkaline cleaner and battery acid) simultaneously. • Keep waste containers tightly sealed,properly labeled (see above), and firmly secured to the vehicle. • Meet all applicable U.S. Department of Transportation (DOT) and Massachusetts Department of Public Safety (DPS) shipping restrictions and container, label,placard and permit requirements. Contact the federal Motor Carrier Safety Administration (617- 494-2770) and the State Fire Marshall's Office (978-567-3300) for details. Chapter 108Hazardous Materials § 108-1 Findings. § 108-2Authority. 4 § 108-3Definitions. § 108-41nventory and registration. § 108-5Storage controls. § 108-61-icense and contingency plan. § 108-7Appeals. § 108-81-landling or storage of additional hazardous materials. § 108-913rohibitions. § 108-101-icensure, registration, and inventory requirement exemptions. § 108-1121 E report information disclosure. § 108-12Enforcement. § 108-13Notice of violation. § 108-14Violations and penalties. § 108-15Severability. § 108-1 Findi.ngs. A. Exposure to hazardous substances can cause cancer, genetic. mutation, birth defects, miscarriages, lung, liver, and kidney damage, and death. B. 5 r Environmental contamination can bankrupt site owners, lower or destroy land values, drive out residents and industry, depress local economies, and endanger public health. C. Most hazardous substances do not readily decompose into harmless components. They instead remain in highly dangerous forms and penetrate by movement through land and water into and throughout the environment. D. Some hazardous substances are considered explosive and/or extremely hazardous and toxic. These substances have caused death and serious injuries to Fire Department personnel. A comprehensive database containing the types and amounts of toxic or hazardous materials stored or handled within buildings within the Town should be formed in order to provide essential information to Fire Department personnel. E. Barnstable's groundwater is the sole source of its existing and future drinking water supply. When sufficient groundwater exists to saturate a permeable geologic formation so as to yield significant quantities of water through wells or springs, it is known as an aquifer. F. On Cape Cod, some aquifers may be integral with.the surface waters, lakes, streams and coastal estuaries which constitute significant recreational and economic resources of the Town. These resources are used for swimming and other water-related recreation, shell fishing and fishing. G. Accidental spills and! discharges of petroleum products and other toxic and hazardous materials onto the ground and surface waters have repeatedly threatened the quality of such groundwater supplies and related water resources on Cape Cod and other Massachusetts towns, posing substantial public health and safety hazards and threatening economic losses to the affected communities. H. Unless stricter preventive measures are adopted to manage the storage, use, and generation of toxic and hazardous materials and to prohibit the release of these materials within the Town, further releases of such materials to the aquifer will predictably occur, and with greater frequency and degree of hazard by reason of increasing construction, commercial and industrial development, population, and vehicular traffic in the Town of Barnstable and on Cape Cod. 6 I. The foregoing conclusions are well known and have been confirmed by findings set forth by the Barnstable County Health and Environmental Department, the Cape Cod Commission, the Massachusetts Department of Environmental Protection, the Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency (EPA). J. Recent revisions to the Massachusetts Drinking Water Regulations, 310 CMR 22.00, created the need for this chapter to be amended in order to remove potential conflicts between this chapter and 310 CMR 22.00. § 108-2Authority. The Town of Barnstable adopts the following measures under its home rule powers, its police powers to protect the public health and welfare, and its authorization under M.G.L. Chapter 40, § 21 . § 108-31Definitions. A. Enforcement agencies. BOARD OF HEALTH A regulatory committee of the Town. It consists of three members, one of whom is a physician. The members are appointed by the Town Council of the Town of Barnstable. BUILDING COMMISSIONER The designated supervisor and administrator of the Town of Barnstable Building Department. The Building Commissioner is appointed by the Town Manager. FIRE DEPARTMENT The appropriate Town of Barnstable Fire District's Fire Chief and/or that Fire Chiefs designee(s). HEALTH DEPARTMENT The Director of Public Health, who is the designated agent of the Board of Health, and/or the Director of Public Health's designee(s). The Health Department provides administrative support to the Board of Health. B. Other terms. ACUTELY HAZARDOUS MATERIAL A material which is extremely toxic or reactive. For the purposes of this chapter, any acutely hazardous waste listed within 310 CMR 30.136 of the Massachusetts Department of Environmental Protection Hazardous Waste Regulations, and those wastes listed within 310 CMR 30.131 with EPA Hazardous Waste Nos. F020, F021 , F022, F023, F026, F027, and F028 are considered as acutely hazardous materials. HANDLE To use, to deal with, act on, or dispose of. HAZARDOUS MATERIAL One or more of the following: A product or waste or combination of substances which, because of quantity, concentration or physical or chemical or infectious characteristics, poses a present or potential hazard to human health, safety, or welfare or the environment when improperly treated, stored, transported, used, or disposed of or otherwise managed. (2) Any material regulated under Sections 310 CMR 30.122, 310 CMR 30.123, 310 CMR 30.124, 310 CMR 30.125, 310 CMR 30.131 (except for those listed with EPA Hazardous Waste Nos. F020, F021 , F022, F023, F026 F027, F028 which are considered as acutely hazardous materials), 310 CMR 30.132, and 310 CMR 30.160 of the Massachusetts Department of Environmental Protection Hazardous Waste Regulations, et seq., as these statutes may be amended. A general listing of these materials and quantities is available at the Health Department office. (3) Any material, waste, product, or substance which has one or more of the following characteristics: (a) Ignitable: easily catches fire, flash point of less than 1400 F.; (b) 8 f Corrosive: easily corrodes certain materials, very acidic or alkaline, the pH is less than or equal to 2.0 or greater than or equal to 12.5, (C) Reactive: explosive, produces toxic gases when mixed with water or acid; (d) Toxic: poisonous. MATERIAL SAFETY DATA SHEET (MSDS) The form containing data regarding physical characteristics, flammability, reactivity, toxicity, and the health and safety hazards of specific chemicals, as well as information relative to procedures recommended for spills and leaks of specific chemicals and special precautions to be taken during handling of specific chemicals. OPERATOR The person who has the effective control of a business operation, or governmental agency. OWNER The person who has legal ownership of a site. For the purpose of this regulation, the Health Department shall be entitled to rely on the most current list of owners in the records of the Town Board of Assessors as providing sufficient evidence of ownership under this chapter. RELEASE The accidental or intentional spilling, leaking, pumping, discharging, pouring, emitting, emptying or dumping of toxic or hazardous material upon or into any land, air, or waters of the Town of Barnstable. Release includes, without limitations, leakage of such materials from failed or discarded containers or storage systems, and disposal of such materials into any sewage disposal system, dry well, catch basin, unapproved hazardous waste landfill, or any other discharge of toxic or hazardous materials into the environment. The term "release" as used and applied in this chapter does not include the following: 9 Proper disposal of any material in a sanitary or industrial landfill that has received and maintained all necessary legal approvals for that purpose; (2) Application of fertilizers and pesticides in accordance with label recommendations and with regulations of the Massachusetts Pesticide Control Board; (3) Application of road salts in conformation with the Snow and Ice Control Program of the Massachusetts Highway Department and/or the Town of Barnstable Highway Division. (4) Disposal of sanitary sewage to subsurface sewage disposal systems as defined and permitted by Title 5 of the Massachusetts Environmental Code and the Board of Health regulations. (5) Disposal of sanitary sewage to the Town of Barnstable wastewater treatment plant and to other wastewater treatment facilities as defined and permitted by the Massachusetts Department of Environmental Protection. SITE Any real estate, personal property, facility, building, structure, installation, equipment, pipe or pipeline including any pipe into a storm drain, sewer or treatment works, well, pit, pond, lagoon, impoundment, ditch, tank, landfill, storage container, or any other place or area to, from or at which toxic or hazardous materials have been stored or discharged. STORE The containment of substances or materials in such a manner as not to constitute disposal or use of such substances or materials. Notwithstanding the above, such terms shall not include the maintaining of hazardous materials which are in transit or which are 10 i maintained in a fixed facility for a period of less than 30 days during the course of transportation. § 108-4 Inventory and registration. A. No owner of a business, home occupation, industry, or operator of a governmental agency shall, handle or store acutely hazardous materials and/or hazardous materials in the Town of Barnstable unless he/she is the holder of a registration. Such registration shall include an inventory, the location of the site, the name of the operator, and the name of the owner. The inventory shall include the proposed and/or existing quantities of all acutely hazardous materials and hazardous materials handled or stored on site on the form provided by the Health Department. B. The owner shall describe the storage location of the material safety data sheets on the registration form provided. The material safety data sheets shall be made available upon request of the Health Department and/or the Fire Department. C. There are no minimum quantities that exempt an owner from this section. D. New owners of businesses, home occupations, or industrial establishments who have not previously obtained a registration in accordance with this section shall, if they handle or store acutely hazardous materials and/or hazardous materials, obtain a registration prior to handling or storage at a building or structure and prior to commencing business. E. The registration shall be revised or renewed if there is a change in the inventory, the site, the operator, or the owner. § 108-5 Storage controls. A. All acutely hazardous materials and/or hazardous materials shall be stored indoors, unless in product-tight containers which are protected from the elements, leakage, accidental damage, and vandalism. Liquid hazardous materials other than gasoline, which are stored outside, shall be stored above ground in a covered container within a containment area designed to contain a minimum of 110% of the volume of all materials to be stored. For the purposes of this subsection, fertilizer shall be considered as hazardous materials. B. 11 Containers of acutely hazardous materials and/or hazardous materials shall be stored on an impervious, chemical-resistant surface compatible with the material being stored. Provisions shall be made to contain the product in the case of an accidental release. C. Wastes containing acutely hazardous materials and/or hazardous materials shall be held on the premises in product-tight containers and shall be removed and disposed of in accordance with the Massachusetts Hazardous Waste Management Act, Ch. 704 of the Acts of 1979.r,i [1] Editor's Note: See MGL C. 21 C, § 1 et seq. D. Road salts and other chemicals used for ice and snow removal shall be contained in a structure that provides protection from the elements. The structure shall be constructed in such a way to prevent a release and to prevent leachate from contaminating the groundwater and surface waters. E. Other containers/containment areas may be required as specified or as determined by the Director of Public Health. § 108-6License and contingency plan. A. The Board of Health shall adopt regulations from time to time specifying the hazardous materials and acutely hazardous materials which shall be regulated by licensure, specifying the quantities of such hazardous materials and acutely hazardous materials which shall be regulated by licensure, and specifying the fees for such licenses. The Board of Health may have reference to scientific literature, publications, recommendations and regulations of federal, state, and local regulatory agencies, the expertise and experience of public safety agencies, especially and including Fire Departments. Such a determination will be based upon the ignitability, corrosivity, reactivity, or toxicity of the hazardous materials handled or stored, the amounts of hazardous materials and acutely hazardous materials stored, and the proposed storage location and handling location of the acutely hazardous materials and hazardous materials. B. The Health Department shall enforce such Board of Health regulations. The Health Department shall require, after reviewing the submitted registration information set forth in § 108-4, an owner to obtain an annual license. C. 12 It shall be the responsibility of the owner and/or the operator to apply annually for such license. D. New owners of businesses, home occupations, industrial establishments or operators of governmental agencies who have not previously obtained a license in accordance with this section may be required upon registration to obtain a license prior to handling and/or storage at a building or dwelling and prior to commencing business. E. The owner and/or operator shall submit a contingency plan prior to the issuance of a license by the Health Department. A contingency plan shall meet the requirements set forth below: (1) Submission of the names, addresses, and telephone numbers of the owner, operator, and all other persons responsible for implementation of the contingency plan in the absence of the owner and/or operator. (2) A plan showing where and how all regulated substances shall be stored as described within § 108-5 of this chapter such that the method of containing any accidental release to ensure that all such releases will be totally contained and prevented from reaching any surface or ground waters or into any on-site sewage disposal system, sewer system, catch basin, or dry well. This plan shall also be posted in one of the following on-site locations: guard shack, fire alarm box, sprinkler riser, other location acceptable to the Fire Department. The location of the posting shall be specified. (3) The Health Department and/or the Fire Department may require the owner to provide vacuum suction devices or absorbent scavenger materials be present on site in sufficient magnitude so as to control and collect the total quantity of regulated substances present or may require such devices and materials to be readily available and easily accessible from off-site sources consistent with the contingency plan. Emergency containers shall be of such capacity as to hold the total quantity of regulated substances plus any absorbent material. A plan showing the location of all emergency collection devices shall be provided if the provisions of this section are required. (4) Proper and adequate maintenance of containment and emergency equipment shall be required. Procedures shall be established for inspections performed by the operator and/or the operator's designee(s) once every three months 13 and for the verification of maintenance of containment and emergency equipment. Such procedures shall be in writing, including a regular schedule of maintenance. A log documenting any accidental spills, describing how such spills were handled, describing inspection results and maintenance shall be kept at the site. Such logs and records shall be available for inspection by the Health Department and/or the Fire Department at all times. (5) The procedures which will be followed in the event of release so as to control and collect all released material in such a manner as to prevent it from reaching any surface or ground waters or into any sewage disposal system, municipal sewer system, catch basin, or dry well. Every operator having knowledge of a release or other loss of acutely hazardous materials and/or hazardous materials shall report the release or loss of same to the Health Department and the Fire Department within one hour of detection. The operator shall ensure the telephone number of the appropriate Fire Department and of the Town of Barnstable Health Department office shall be posted on or adjacent to a telephone located at the site. F. Prior to submission of the contingency plan to the Health Department, approval of that plan must be obtained from the Fire Department. G. Upon receipt of the annual fee, completion of the annual application form designated by the Health Department, upon receipt of a complete inventory, and upon receipt of a satisfactory contingency plan, the Director of Public Health shall issue said license to the operator and the site. Said license shall expire on June 30 and shall be administratively renewed annually upon application and payment of the annual fee. H. The Director of Public Health may grant, suspend, modify, or revoke such license for due cause or failure to comply with any section of this chapter and/or failure to perform the conditions set forth in the contingency plan. § 108-7 Appeals. Any person or persons upon whom any order has been served pursuant to any section of this chapter may request a hearing before the Board of Health by filing a written petition, provided that such petition shall be filed within seven days after the day the order was served. Upon receipt of a petition, the Board of Health shall in writing inform the petitioner of the date, time, and place of the hearing and their right to inspect and copy the Board of Health's file concerning the matter. The hearing shall be commenced not later than 30 14 i days after the date the order was served. At the hearing, the petitioner and other affected parties shall be given an opportunity to be heard, to present witnesses or documentary evidence, and to show why an order should be modified or withdrawn, or why an action by an inspector or other personnel of the Health Department should be reconsidered, rescinded, or ordered. Failure to hold a hearing within 'the time period specified herein shall not affect the validity of any order. The Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision within not more than seven days after the conclusion of the hearing. § 108-8 Handling or storage of additional hazardous materials. A. No person shall handle or store any hazardous materials and/or acutely hazardous materials which were not listed on the submitted registration and inventory until after the owner and/or the operator has registered any additional hazardous materials as an amendment to the inventory. B. An operator shall first receive the approval of the owner prior to registering any additional hazardous materials with the Health Department. C. The Health Department may require, after reviewing the submitted amended inventory and other information, the operator and the owner of a business, home occupation, or industry to obtain an annual license if such additional hazardous materials places the applicant under the current licensing regulations of the Board of Health. D. The Director of Public Health may grant, suspend, modify, or revoke such license for due cause or failure to comply with any section of this chapter and/or failure to perform the conditions set forth in the contingency plan. § 108-9Prohibitions. The release of any hazardous materials and/or acutely hazardous materials upon the ground, or into any surface or ground waters or into any sewage disposal system, sewer system, catch basin, or dry well within the Town of Barnstable, is prohibited. § 108710 Licensure, registration, and inventory requirement exemptions. Licensure, registration, and reconciliation of inventory requirements shall not apply to the following: A. 15 Fuel oil stored in conformance with Massachusetts fire prevention regulations and regulations of the Barnstable Board of Health for the purpose of heating buildings located on the site. B. Fuel stored in boats, airplanes, trucks, and other vehicles accessory to a residential use. C. Noncommercial buildings. The handling and storage of hazardous materials at a residential dwelling in quantities which are associated with reasonable household use This exemption does not apply to a professional or home occupation use as defined by §§ 240-12C (1) and 240-18 of Chapter 240, Zoning. In addition, this exemption does not apply to hotels, motels, interval ownership facilities (time-shares), guesthouses. § 108-11 21 E report information disclosure. A. The Health Department shall be the repository of information relating to releases of hazardous materials. Any person possessing hazardous material release information has an obligation to submit such information to the Health Department. Every professional engineer and/or other person conducting a 21 E report analysis shall submit a copy of the final report to the Health Department within 21 days of completion of the report. Nothing shall contravene with § 12 of Chapter 21 E of the Massachusetts General Laws. B. If a person believes that the information required by this chapter involves the release of a trade secret, the person shall nevertheless make the disclosure to the Director of Public Health and shall notify the Director of Public Health in writing of that belief on the inventory document. C. The Director of Public Health and the Fire Chief shall protect from disclosure any trade secret designated as such by the operator. D. Upon receipt of a request for the release of information to the public which includes information of which the operator has ,notified the Director of Public , Health is a trade secret, the Director of Public Health shall notify the operator in writing of the request by certified mail, return receipt requested. The Director of Public Health shall release the information to the public within 10 days of receipt of a written request, but no earlier than three days after the date of mailing the notice of the request for information, unless, prior to the expiration of the ten-day period, the operator files an action in an appropriate 16 i court for a declaratory judgment that the information is subject to protection or for an injunction prohibiting disclosure of the information to the public and promptly notifies the Director of Public Health of that action. l E. Any information which is confidential pursuant to this and/or § 108-4 shall not be disclosed to anyone except the following: (1) An officer or employee of the Town, county, state, or the United States, in connection with the official duties of that officer or employee under any law for the protection of health, or to a contractor with the Town and their employees if, in the opinion of the Director of Public Health, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect the health and safety of the employees of the contractor. Fire and emergency rescue personnel and Health Department personnel operating within the jurisdiction of the Town shall be considered employees of the Town, as the case maybe. (2) Any licensed physician where the physician certifies in writing to the Health Department that the information is necessary to the medical treatment of the physician's patient. § 108-12 Enforcement. A. The provisions of this chapter shall be enforced by the Health Department. The Health Department may, according to law, enter upon any premises at any reasonable time to inspect for compliance. B. Upon request of the Health Department, the owner, individual identified on a registration or license application, or operator of any premises at which toxic or hazardous materials are used or stored shall furnish all information required to monitor compliance with this chapter. A sample of wastewater disposed to on-site septic systems, dry wells or sewage treatment systems may be required by the Health Department at the operator's expense. C. All records pertaining to storage, removal and disposal of toxic or hazardous wastes shall be retained for no less than five years by the registration holder or license holder, and shall be made available for review by the Health Department upon request. D. 17 The Building Commissioner of the Town of Barnstable shall condition issuance of building and occupancy permits upon conformity with the requirements of this chapter respecting any hazardous materials and/or acutely hazardous materials to be used in the course of such construction or occupancy: § 108-13 Notice of violation. Written notice of any violation of this chapter shall be given by the Health Department, specifying the nature of the violation; any corrective measures that must be undertaken, including containment and cleanup of discharged materials; any preventive measures required for avoiding future violations; and a time for compliance. Requirements specified in such notice shall be reasonable in relation to the public health hazard involved and the difficulty of compliance. The cost of containment and cleanup shall be borne by the owner and operator of the premises. § 108-14 Violations and penalties. A. Any person who shall violate any section of this chapter for which penalty is not otherwise provided in any of the General Laws shall upon conviction be fined $300. B. Any person who shall fail to comply with any order issued pursuant to the sections of this chapter shall, upon conviction, be fined $300. Each day's failure to comply with an order shall constitute a separate violation. C. In the alternative to criminal prosecution, the Health Department may elect to utilize the noncriminal disposition procedure set forth in MGL C. 40, § 21 d. Noncriminal ticket citation for any violation of any section of this chapter shall be in the amount of $75 for the first violation and $25 for each additional violation. Each day's failure to comply with an order shall constitute a separate violation. D. Further, the Health Department, after notice to and after a public hearing thereon, may suspend, revoke, or modify any license issued hereunder for cause shown. § 108-15 Severability. Each provision of this chapter shall be construed as separate, to the end that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect. 18 I Again, if I can be of any assistance in this matter please feel free to contact me directly. 508-862-4645 Respectfully, C. Gus Johnson Hazardous Material Specialist Cc Thomas McKean Director Board of Health 19 TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM Mail To: NAME OF BUSINESS: (d. At 1 D,� N/,16r 04 2?�G& Board of Health MAILING ADDRESS: 04 Town of Barnstable TELEPHONE NUMBER: 2 P.O. Box 534 CONTACT PERSON: ©� �' � liSx Hyannis, MA 02601 Does your firm store any of the toxic or hazardous materials listed below, either for sale or for your own use, in quantities totalling, at any time, more than 50 gallons liquid volume or 25 pounds dry weight? YES NO This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience.' If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous characteristics and must be registered when stored I Please put a check beside each product that you store: Antifreeze (for gasoline or coolant systems) —���in cleaners Automatic transmission fluid Toilet cleaners Engine and radiator flushes 0 Cesspool cleaners __J:�Hydraulic fluid (including brake fluid) Disinfectants 0 Motor oils/waste oils Road Salt (Halite) Gasoline, Jet fuel Refrigerants Diesel fuel, kerosene, #2 heating oil _� Pesticides (insecticides, herbicides, Other petroleum products: grease, lubricants rodenticides) Degreasers for engines and metal Photochemicals (fixers and developers) 0 Degreasers for driveways & garages Printing ink Battery acid (electrolyte) Wood preservatives (creosote) ( FRustproofers Swimming pool chlorine � Car wash detergents Lye or caustic soda C� Car waxes and polishes Jewelry cleaners Asphalt & roofing tar Leather dyes Ra�nts, varnishes, stains, dyes Fertilizers (if stored outdoors) Paint & lacquer thinners PCB's (� Paint & varnish removers, deglossers Other chlorinated hydrocarbons, Paint brush cleaners (inc. carbon tetrachloride) Floor & furniture strippers Any other products with "Poison" labels Metal polishes (including chloroform, formaldehyde, _ZLaundry soil & stain removers hydrochloric acid, other acids) (including,bleach) Other products not listed which you feel may Spot removers & cleaning fluids be toxic or hazardous (please list): 1 (dry cleaners) p Other cleaning solvents Bug and tar removers Household cleansers, oven cleaners White Copy-Health Department/ Canary Copy-Business TOWN OF BARNSTABLE OMPLlANCE: CLASS: 1.Marine,Gas Stations, epair satisfactory 2.Printers BOARD OF HEALTH 3.Auto Body Shops O unsatisfactory- 4.Manufacturers COMPANY tj`rsl ,� i (see"Orders") 5.Retail Stores 6.Fuel Suppliers ADDRESS Class: L ` 7.Miscellaneous QUANTITIES AND STORAGE (IN= indoors; OUT=outdoors) MAJOR MATIERYATAS Case lots Drums Above Tanks Underground Tanks IN OUT IN OUTI IN OUT #&gallons Age Test Fuels: Gasoline,Jet Fuel (A) Dip- Heavy Oils: waste motor oil (C) .� new motor oil (C) transmission draulic / p/ Synthetic Organics: degreasers Miscellaneous: DISPOSAURECI.AMATION REMARKS: 1. Sanitary Sewage 2.Water Supply O Town Sewer Public XOn-site O Private IV 3. Indoor Floor Drains YES NO O Holding tank:MDC O Catch basin/Dry well /17 O On-site system 4. Outdoor Surface drains:YES NO !/ ORDERS: O Holding tank:MDC O Catch basin/Dry well O On-site system 5.Waste Transporter Name of Hauler Destination YES NO V11W—,7r1� A; (&� — erson (s) Inte Inspector Date