HomeMy WebLinkAboutMiscellaneous - 384 OSGOOD STREET 4/30/2018 (2)N
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June 28, 2012
Director of Public Health
Health Department
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
LVL
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
Re: Submittal of a Response Action Outcome Statement
Department of Public Works
0383:_ Sgood_Str_eet
North Andover, MA 01845
To Whom It May Concern:
JL'L
TOWN OF NORTH ANDOV =R
P, L. C,
On behalf of North Andover Department of Public Works, NewPath, LLC is submitting this
notification as part of the public involvement process required by the revised Massachusetts
Contingency Plan (MCP, 310 CMR 40.0000). NewPath has completed a Class Al Response
Action Outcome Statement for the above referenced property.
The RAO, dated June 28, 2012 has been submitted to the DEP. The Plan can be reviewed by
contacting the DEP and requesting an appointment for a file review. File review appointments
can be requested by telephone 978-694-3200 or by letter. The letter should be addressed to
the following:
Department of Environmental Protection
Northeast Regional Office Service Center
205B Lowell Street
Wilmington, MA 01887
If you have any questions, please contact the undersigned at (781) 875-1199.
Sincerely,
NewPath, LLC.
X141
eff sholder PE, LSP
cc: Mayor's Office
237 South Street - Hingham, Massachusetts 02043 " Tel: 781.875.1199 " Fax: 781.875.1192 " imos2@verizon.net
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July 20, 2001
Ms. Sandra Starr
27 Charles Street
North Andover, Massachusetts 01845
01 6SS _q F`l Weston & Sampson Engineers, Inc.
ap °y Five Centennial Drive
o OO o Peabody, MA 01960-7985
c YEA $ www.westonandsampson.com
N 3 Tel: (978) 532-1900 Fax: (978) 977-0100
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North Andover Department of Public Works
Weston & Sampson Project No. 200260.A
Re: Public Notification: Response Action Outcome Statement
Release Tracking Number 3-4227
Department of Public Works
c38404oodStr-eet
North Andover, Massachusetts
Dear Ms. Starr:
roitviv cF aOR H.� _
BOAR __
FAUG 12001
4
Weston & Sampson Engineers, Inc., prepared a Response Action Outcome (RAO) Statement
for the above -referenced site. An 'Activity and Use Limitation (AUL) is not required to
maintain a condition of No Significant Risk; therefore, a Class A-2 RAO can be obtained for
this site.
The RAO Statement and supporting documentation were submitted to the Department of
Environmental Protection's Northeastern Regional Office (DEP-NERD) in Wilmington,
Massachusetts, and will be available for public review. If you have any questions regarding
this Site, please contact Mr. Prasanta ,K. Bhunia, LSP, of Weston & Sampson at
(978) 532-1900 or Mr. J. William Hmurciak, Public Works Director, at (978) 685-0950.
Very truly yours,
WESTON & SAMPSON ENGINEERS, INC.
_•�� 14M
Prasanta K. Bhunia, PhD., LSP
Vice President
cc: DEP-NERD, Wilmington, MA
J. William Hmurciak, Town of North Andover
File
G:\Hazwaste\North Andover\200260.A\public notification -Board of Health.doc
Massachusetts (HQ) Massacbusetts Connecticut Rhode Island New Hampsbire Maine
Five Centennial Drive 100 Foxborough Blvd, Suite 250 2928 Main Street 2348 Post Road, Suite 8 195 Hanover Street, Suite 28 PO Box 189
xe,y+aedrat- Peabody, MA 01960-7985 Foxborough, MA 02035 Glastonbury, CT 06033-1093 Warwick, RI 02886-2271 Portsmouth, NH 03801 York, ME 03909
Office use Only0) -2
The Commonwealth of Massachusetts Permit No.
Department of Public Safety Occupancy 8 Fee checked
BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 390 (leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00 '"'J
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) DATE �` �-377
City or Town of �(�. To the Inspector of Wires:
The undersigned applies for a permit to nerform the elec 'cal work de bed below. p �p �p
Location (Street & Number) U%�t i. 4 d I r
Owner or Tenant _"10 � !2
Ownei s Address _ 3 O 1 Osga O g71 0-' r_ -F
Is this permit in conjunction with a building permit: ❑ Yes C'No (Check Appropriate Box)
Purpose of Building Utility Authorization No. 70 7 4iai�3
Existing Service Amps Volts Overhead ❑/'20Zdgrd
d El No. of Meters
New Service _/00 Amps /�� Volts Overhead L'S ❑ No. of Meters
Number of Feeders and Ampacity nn
Location and Nature of Proposed Electrical Work �..Get.J� : .3�yye.&
No. of Lighting Outlets
No. of Hot Tubs
No. of Transformers Total
KVA
No. of Lighting Fixtures
Swimming Pool
In -
9 dVe ❑ gmd. ❑
Generators KVA
No. of Receptacle Outlets
No. of Oil Burners
No. of Emergency Lighting
Battery Units
No. of Switch Outlets
No. of Gas Burners
FIRE ALARMS No. of Zones
No. of Detection and
Initiating Devices
No. of Ranges
No. of Air Cond. Total
Tons
No. of Sounding Devices
No. of Disposals
No. of Heat Total Total
Pumps
Tons
KW
No. of Self Contained
Detection/Sounding Devices
No. of Dishwashers
Space/Area Heating KW
Local ❑ Municipal ❑ Other
Connection
No. of Dryers
Heating Devices KW
No. of Water Heaters KW
No. of
Si ns
No. of
Ballasts
Low Voltage Wiring
No. Hydro Massage Tubs 1
No. of Motors
Total HP
t
OTHER
INSURANCE COVERAGE: Pursuant to the requirements of Massachus.qtts General Laws, I have a current Liability Insurance Policy including
Completed Operations Coverage or its substantial equivalent. YES 4?1NO ❑ I have submitted valid proof of same to this office. YES 1 NO ❑
If you have checked YES please indicate the type of coverage by checking the appropriate box.
INSURANCE C BOND ❑ OTHPR ❑ (Please Specify)
Estimated Value of Electrical Work $ .od
Work to Start 4—Z "- 7 Inspection Date Requested: Rough
Signed under the penalties of perjury
FIRM NA
Licensee
Address
(Expiration Date)
Final
IC. NO.��C
C.
No. _j9%"lni qo ZU. Tel. No.
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its substantial equivalent as required by
Massachusetts General Laws, and that my signature on this permit application waives this requirement.. Owner Agent (Pleastcheck one)
(Signature of Owner or Agent)
Telephone No. PERMIT FEE $ ZS#00
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Date .....
TOWN OF NORTH ANDOVER
PERMIT FOR WIRING
This certifies that .. CS. ......
has permission to perform........ Tfl- C.e ........................
--T(, .. I . . ... ..... tl�-e/( .....
wiring in the building of .......... ...... 0 -41114
at ...J.5 zo. 0 S� ................ . North Andover, Mass.
Lic. No. d. I ............................................................
lit ELECTRICAL INSPECTOR
75.00 PAID
WHITE: Applicant CANARY: Buildi f%/Rjt�7 11:5;1 NK Treasurer
COMMONWEALTH OF MASSACHUSETTS 2 9
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
{�-»- -
METROPOLITAN BOSTON -NORTHEAST REGIONAL OFFICE -``- - -- '__af"•'""'
ARGEO PAUL CELLUCCI TRUDY COXE
Governor OCT 2 4 1997 Secretary
DAVID B. STRUHS
Commissioner
Town of North Andover RE: BWP - NORTH ANDOVER
Dept. of Public Works COMPLIANCE with M.G.L.
384 Osgood Street Chapters 21C & 111 $142A -J
North Andover, MA 01845 310 CMR 7.24, 310 CMR 30.00
Attn: J. William Hmvricak MAD985266972
SQG-Hazardous Waste
LQG-Waste Oil
Stage II ID #NORNOA384
FMF Facility #37282
Dear Mr. Hmvricak:
On May 2, 1997, Department personnel conducted a Comprehensive
Compliance Inspection at 384 Osgood Street, North Andover,
Massachusetts. The purpose of this inspection was to determine the
compliance status of North Andover DPW with regard to the
Massachusetts environmental regulations referenced above.
On the inspection date, regulatory violations were observed.
On June 6, 1997, a Notice of Noncompliance (File No. NON -NE -97-
9080-27) was issued to Town of North Andover, Dept. of Public
Works. On October 22, 1997, Department personnel conducted a
follow-up inspection. Based upon observations made during the
follow-up facility inspection, and a review of company records, it
has been determined that North Andover DPW had returned to
compliance with the above referenced regulations as of the date of
the follow-up inspection.
If you have any questions relative to environmental regulatory
compliance at your facility, please contact David P.LaBrode at the
letterhead address or by calling (617) 932-7632.
Very truly yours,
Edward J. Pawlowski '�.' David P. LaBrode
Chief, Compliance and Enforcement Environmental Analyst
Bureau of Waste Prevention
EJP/DPL/bc
CC: Fire Headquarters, 124 Main Street, North Andover, MA 01845
Board of Health, Town Building, North Andover, MA 01845
10 Commerce Way 0 Woburn, Massachusetts 01801 0 FAX (781) 932-7615 • Telephone (781) 932-7600 0 TDD # (617) 932-7679
WILLIAM F. WELD
Governor
ARGEO PAUL CELLUCCI
Lt. Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON - NORTHEAST REGIONAL OFFICE
Town of North Arid,
Dept. of Public 44
384 Osgood Street
North Andover, MA
Of
jjW 01
er
01845
Attention: J. William Hmvricak
RE: NOTICE OF NONCOMPLIANCE
JUN 0 61997
TRUDY CO.tE
Secr=r%
DAVID B. STRLHS
Commissioner
BWP - NORTH ANDOVER
NONCOMPLIANCE with M.G.L.
Chapters 21C & 111 §142A --J
310 CMIZ 30.000
310 CMR 7.24
SQG-Hazardous Waste
LQG-Waste Oil
MAD985266972
FMF Facility #37282
File No: NON -NE -97-9080-27
ENCLOSED IS AN IMPORTANT NOTICE. FAILURE TO TARE ADEQUATE ACTION
IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL
CONSEQUENCES.
Dear Mr. Hmvricak:
Department personnel have observed that on May 2, 1997,
activity occurred at North Andover DPW, 384 Osgood Street, North
Andover, Massachusetts in noncompliance with one or more laws,
regulations, orders, licenses, permits, or approvals enforced by
the Department.
Enclosed is a Notice of Noncompliance which describes (1) the
activity referred to above, (2) the requirements violated, (3) the
action the Department now wants you to take, and (4) the deadline
for taking such action. An administrative penalty may be assessed
for every day from now on that you are in noncompliance with the
requirements described in this Notice of Noncompliance.
Notwithstanding this Notice of Noncompliance, the Department
reserves the right to exercise the full extent of its legal
authority in order to obtain full compliance with all applicable
requirements, including, but not limited to, criminal prosecution,
civil action including court -imposed civil penalties, or
administrative penalties assessed by the Department.
10 Commerce Way 0 Woburn, Massachusetts 01801 • FAX (617) 932-7615 0 Telephone (617) 932-7600 • TDD # (617) 932-7679
North Andover DPW
Notice of Noncompliance
SOURCE REDUCTION OPPORTUNITIES
You may be able to cut environmentally driven costs and
possibly reduce the regulatory requirements and fees applied to
your firm if you eliminate or reduce the use of toxic materials or
the generation of wastes (referred to as "source reduction"). As
a result, you may save money, and improve quality and productivity.
Moreover, tracking annual usage of toxic substances and other
inputs, if you are not already doing so, may lead to identification
of additional source reduction opportunities.
For further information on source reduction of toxics and
other waste you may contact:
* the Office of Technical Assistance (617-727-3260) for
free, confidential technical assistance including on-site
assessments, financial evaluations, and other resources.
* DEP's Toxics Use Reduction Implementation Team
(617-292-5870) for guidance material on TUR planning.
* the Toxics Use Reduction Institute (508-934-3262) for
courses for certified Toxics Use Reduction Planners.
Should you have any questions relative to this matter, contact
David P. LaBrode or Kenneth Atkinson of this office at the
letterhead address or by calling (617) 932-7600.
Very truly yours,
Edward J. Pawlowski
Chief, Compliance and Enforcement
Bureau of Waste Prevention
EJP/DLB/KAA/bc
Certified Mail
CC: Fire Dept., 124 Main St., North Andover, MA 01845
Board of Health, Town Building, North Andover, MA 01845
OTA, 100 Cambridge St., Suite 1904, Boston, MA 02108
Attn: Kenneth J. Soltys
NERO - LaBrode, Atkinson
North Andover DPW
Notice of Noncompliance
Page -1-
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE: North Andover DPW
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 384 Osgood
Street, North Andover, Massachusetts
DATE WHEN NONCOMPLIANCE WAS OBSERVED: May 2, 1997
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED
WITH•
•Personnel from the Department conducted a compliance
inspection at North Andover DPW. The following are the observed
violations:
AIR QUALITY
(1) 310 CMR 7.24 (6) (b) 1:
Fuel Dispenser Facility
a. breakaways were too close to nozzle, approximately
10 inches. CARB Executive Order G -70 -52 -AM states
breakaways should be 5 to 6 feet from nozzle on the
"nozzle end" of the hose,
b. retractor connections did not form a tight seal on
the hoses. Loose connections could lead to hoses
dragging on the ground,
C. hose on one side of the fuel dispenser was kinked,
d. bellows was missing on one of the nozzles,
e. hose was dragging on one fuel dispenser.
The regulation requires that: "No person, owner,
operator or employee of a motor vehicle fuel dispensing
facility shall dispense, or allow the dispensing of,
motor vehicle fuel from any motor vehicle fuel dispensing
facility unless each motor vehicle fuel dispenser at the
motor vehicle fuel dispensing facility is equipped with
a properly operating vapor collection and control
system."
(2 ) 310 CMR 7 .24 (6) (c) 2. North Andover DPW has installed
Stage II Vapor Recovery Equipment without first notifying
the Department. The regulation states: "Any person who
owns, leases, operates, or controls a motor vehicle fuel
North Andover DPW
Notice of Noncompliance
Page -2-
dispensing facility, which is subject to 310 CMR
7.24(6), shall, in accordance with the applicable date
provided for in 310 CMR 7.24 (6) (d) : Notify and inform
the Department prior to installation of the vapor
collection and control system, on a form obtained from
the Department, of the dates of installation and the
specific type of vapor collection and control system to
be installed".
(3 ) 310 CMR 7.24 (6) (c) 3. North Andover DPW could not provide
evidence that operators and employees had received
training and instructions in the operation of the
equipment. The regulation states: A facility shall
ensure that, prior to initial operation of the vapor
collection and control system, the operators and
employees of the motor vehicle fuel dispensing facility
have received training and instruction,in the operation
and maintenance of the vapor collection and control
system.
(4) 310 CMR 7.24(6)(c)5: North Andover DPW did not have
proper signs on the dispensers to show how to properly
use the vapor recovery system. The regulation requires
that: A facility shall conspicuously post operating
instructions for dispensing motor vehicle fuel using the
vapor collection and control system in the motor vehicle
fuel dispensing area.
(5 ) 310 CMR 7. 24 (6) (c) 6. : The damaged dispenser listed above
was not labelled with an "Out of Order" sign. The
regulation requires that: A facility conspicuously post
"Out of Order" signs on, any aboveground part of the
vapor collection and control system which is not fully
operative, until said vapor collection and control system
has been repaired.
(6) 310 CMR 7.24(6)(f): Recordkeeping requirements are not
being done. The regulation requires... that any person
who owns, leases, operates or controls a facility subject
to 310 CMR 7.24(6)(a) shall maintain records sufficient
to demonstrate compliance. These records shall be kept
on site for at least five years, except that records of
testing results under 310 CMR 7.24 (6) (g) and (i) shall be
kept permanently on site. All records shall be made
available to representatives of the Department or EPA
upon request.
(7) 310 CMR 7.24(6)(g) The Department was unable to
determine whether North Andover DPW had approved
tank/piping configurations for their Stage II balance
North Andover DPW
Notice of Noncompliance
Page -3-
system nor could North Andover DPW provide testing
results indicating CARE -approved configurations. A
Pressure Decay (Leak Test), Dynamic Back Pressure (Dry
Test), and Liquid Blockage (Wet Test) must be conducted
within 30 days of receipt of this Notice. The regulation
states: Any person who owns, leases, operates or
controls a motor vehicle fuel dispensing facility,
subject to 310 CMR 7.24(6), shall upon written notice
from the Department and in accordance with methods
approved by the Department and EPA, perform or have
performed tests to demonstrate compliance with 310 CMR
7.24 (6) .
(8 ) 310 CMR 7 . 24 (6) (i) : Installation testing records were
not available for review. The regulation requires... such
tests to ensure that the system has been properly
installed. Such tests shall also be conducted at least
once every five (5) years. The DEP shall be notified at
least two (2) days prior to any tests. Liquid blockage
testing, Leak Check Testing and all other related testing
for automatic shutoff and flow prohibiting mechanisms, as
applicable, shall be conducted in accordance with the
methods listed in Appendix J of EPA document 450/3-91-
022b, or other methods approved by the Department and
EPA.
HAZARDOUS WASTE
(1) M.G.L., CHAPTER 21C, MASSACHUSETTS HAZARDOUS WASTE
MANAGEMENT ACT, Section 5: Wastewater contaminated with oil,
gasoline, and anti -freeze has been illegally disposed of through an
improperly maintained oil/water separator. The Law stipulates
that... No person shall collect, transport, store, dispose of,
treat, use or transport hazardous waste in a manner which could
endanger human health, safety or welfare, or the environment.
(2) 310 CMR 30.221(1): On the inspection date, it was noted
that North Andover DPW generates waste oil, which it recycles
(burns) on-site in a Shenandoah WO -F300 space heater without the
required "Class A", recycling permit, issued from the Department.
The Class A regulated recyclable materials permit would be
appropriate for a material "recyclable in a completely enclosed
recycling system at the site of generation". The regulation
requires... No person shall recycle any Class A regulated
recyclable material, except in compliance with 310 CMR 30.200.
(3 ) 310 CMR 30.253 (1) (h)1. (a. through f . ) : Weekly tank
gauging is not being conducted on the 2500 -gallon underground waste
oil tank. Installation date of the tank was 1993. The regulation
requires that—all generators of waste oil and all generators of
North Andover DPW
Notice of Noncompliance
Page -4-
used oil fuel may accumulate or store waste oil or used oil fuel in
an existing underground tank only if the tank is in compliance with
the following provisions
1. Existing waste oil underground storage tanks shall have
weekly tank gauging conducted according to the following
requirements:
a. Tank liquid level measurements are taken at the
beginning and ending of a period of at least 24 hours
during which no liquid is added to or removed from the
tank;
b. Level measurements are based on an average of three
consecutive stick readings at both the beginning and
ending of the period;
c. The equipment used is capable of measuring the level
of waste oil over the full range of the tank's height to
the nearest one-eighth of an inch; and
d. A leak is suspected and subject to the requirements of
527 CMR 9.20 and 310 CMR 30.697 if the variation between
beginning and ending measurements exceeds the weekly
standards or the standards derived from averaging four
consecutive weekly tests. (For example, the averaging
shall be done as follows: average weeks 1 - 4, average
weeks 5 - 8 etc.). The standards are in the following
table:
Nominal Tank Capacity Weekly Standard Monthly Std.
(one test) (avg. of four
tests)
550 gallons or less 10 gallons 5 gallons
551 - 1000 gallons 13 gallons 7 gallons
1001 - 2000 gallons 25 gallons 13 gallons
e. The beginning and ending measurements, variation and
average figures shall be placed in a log and retained
until taken out of service in compliance with 527 CMR
9.22.
f. Tank liquid level measurements shall not be required
if a double walled tank with continuous monitoring is
utilized.
(4) 310 CMR 30.253 (1) (h) , (4.a. through 4.c.) : North Andover
DPW has on its property a 2500 -gallon underground tank used to
accumulate waste oil. The installation date of this tank was 1993:
The regulation requires ... All existing tanks shall be equipped with
one of the following methods of continuous leak detection:
North Andover DPW
Notice of Noncompliance
Page -5-
a. A double walled tank with an approved interstitial space
monitor required by 527 CMR 9.08.
b. An in -tank monitor installed and maintained by a qualified
person in accordance with 527 CMR 9.11(2)(b).
C. Testing or monitoring for vapors within the soil gas of
the excavation zone. The vapor monitoring system shall detect
releases from any portion of the tank that routinely contains
the waste oil, and shall be designed and operated to detect
any significant increase in concentration above background of
waste oil or tracer compound placed in the tank system.
The following schedule shall be required for the upgrade of
leak detection devices on existing underground waste oil tanks:
IF THE TANK WAS INSTALLED LEAK DETECTION REQUIRED BY DEC. 22
Before 1969 or unknown 1990
1970 - 1974 1991
1975 - 1979 1992
1980 - Dec. 1988 1993
(5) 310 CMR 30.253(1)(h)8.: North Andover DPW has on its
property a 2500 -gallon underground tank used to accumulate waste
oil. (The tank was installed in 1993): During the inspection,
North Andover DPW could not provide any data which would confirm
that tightness testing of the tank had taken place. The regulation
requires ... If the tank does not have leak detection installed in
accordance with 310 CMR 30.353(1)(h)4. and does not have spill
containment, overfill prevention measures and cathodic protection,
the tank shall be tightness tested once every year until December
22, 1998. If a tightness test reveals that a tank is leaking,
refer to the procedures in 527 CMR 9.20 and 310 CMR 30.697.
(6) 310 CMR 30.253(5)(a): A sign with the words "WASTE OIL"
was not posted on the cover of the 1000 -gallon and 2500 -gallon
waste oil tanks or on the side of the building in the waste oil
accumulation area. The regulation requires that ... all areas where
waste oil and/or used oil fuel is accumulated or stored shall have
posted at all times a sign with the words "WASTE OIL", in capital
letters at least one inch high.
(7) 310 CMR 30.253 (5) (a) , (refers to 30.340 (4) (e)) , (refers
to 30.682)): One 5 -gallon satellite container of waste oil located
in the service bays was observed to be in violation of labelling
and marking requirements. The regulation requires
that... throughout the period of storage, the side of each container
of waste oil shall be clearly labelled and marked in a manner which
identifies, in words, the hazardous waste(s) being stored in the
container (e.g., acetone, toluene, waste oil), and the hazard(s)
associated with the waste (e.g., ignitable, toxic, dangerous when
wet). Each container shall also be marked with the words
"Hazardous Waste".
North Andover DPW
Notice of Noncompliance
Page -6-
(8) 310 CMR 30.253 (5) (a) , (ref'ers to 30.340 (4) (e)) , (refers
to 30.685(1)): On the inspection date, one 5 -gallon satellite
container of waste oil located in the service bays was observed to
be open. The regulation requires...a container holding waste oil
shall always be closed during storage, except when waste is being
added or removed. In the event that Federal, State or local law or
regulation requires a container to be vented, the container shall
be vented in a manner that does not present a threat to public
health, safety or welfare, or the environment.
(9) 310 CMR 30.253 (5) (a) , (refers to 30.340 (1) (a) l.d.) ,
(refers to 30.686)): On the inspection date, it was noted that
North Andover DPW is not performing the required inspections of the
waste oil accumulation area based on the various violations found.
The regulation requires ... At least weekly, the owner or operator
shall inspect areas where containers are stored, looking for
leaking and for deterioration, caused by corrosion or other
factors, of containers and the containment system.
(10) 310 CMR 30.253 (5) (a) , (refers to 30.340(1)(b)) The
following containers used for the accumulation of waste oil were
not marked with the required information; the 1000 -gallon and 2500 -
gallon underground storage tanks. The regulation requires
that ... Each tank or container in which hazardous waste is being
accumulated, and each outside container into which smaller
containers are packed shall be clearly marked and labelled
throughout the period of accumulation with the following:
(1) The words "Hazardous Waste";
(2) The words "Waste Oil";
(3) The word "Toxic";
(4) The date upon which each period of accumulation
begins, marked on each tank or container at the
time accumulation begins in that tank or container.
For underground tanks, marks and labels shall be
made on the aboveground portion of the tanks, or in
close proximity to the tank. A clipboard may be
used to keep track of the accumulation start date.
Marks and labels shall be placed on the sides of each tank or
container in such a manner that they are clearly visible for
inspection.
(11) 310 CMR 30.253 (5) (a) , (refers to 30.340 (2)) : The large
quantity generator accumulation time limit of ninety (90) days has
been exceeded for the following containers of waste oil, the 1000 -
gallon and the 2500 -gallon underground waste oil storage tanks.
Records indicate that North Andover DPW made a shipment of waste
oil on 4-7-94 and the next shipment was 4-25-97.
North Andover DPW
Notice of Noncompliance
Page -7-
The regulation requires that ... A generator who intends or does
accumulate hazardous waste at the site of generation for more than
ninety (90) days is an operator of a storage facility and shall
comply with the requirements of 310 CMR 30.500, 30.600, 30.700,
30.800, and 30.900, applicable to storage of hazardous waste.
(12) 310 CMR 30.253(6)(a), (refers to 30.351(9)(c)6. a.
through d.): An up-to-date written list containing the required
emergency information was not posted in the waste oil accumulation
areas.
The regulation requires that ... a generator must have posted, an
up -to date written list containing the following information, a
copy of which shall be prominently posted near the telephones at
the site of accumulation:
a. The name(s) and telephone number(s) of the emergency
coordinator(s).
b. The location(s) of the fire extinguisher(s) and spill
control materials, and, if present, the fire alarms.
C. The telephone number of the fire department, or, if there
is a direct alarm system, instructions on how to activate it,
or both.
d. Evacuation routes, where applicable.
(13) 310 CMR 30.302: On the inspection date, it was noted that
North Andover DPW was accumulating/storing six (6), 55 -gallon
containers, metal and plastic, of unknown contents inside of the
maintenance garage. The regulation requires ... Any person who
generates a waste shall determine if that waste is a hazardous
waste, as identified or otherwise described in 310 CMR 30.100, as
follows:
(1) First, determine whether his waste is excluded from
regulation pursuant to 310 CMR 30.104.
(2) Next, determine if the waste is listed as a hazardous
waste in 310 CMR 30.130 through 30.136.
(3) If the waste is not listed as a hazardous waste in 310
CMR 30.130 through 30.136, determine whether the waste is
hazardous waste pursuant to 310 CMR 30.120 through 30.125 by
doing either of the following:
(a) Testing the waste according to the methods set forth
in 310 CMR 30.151 through 30.156 or according to an
equivalent method approved by the Administrator of EPA
pursuant to 40 CFR Section 260.21 and by the Department.
(b) Applying knowledge of the hazardous characteristics
of the waste in light of the materials or the process
used.
North Andover DPW
Notice of Noncompliance
Page -8-
(4) If the waste is determined to be hazardous, determine,
using the methods described in 310 CMR 30.302(3) and 310 CMR
30.791, whether the waste is subject to the land disposal
restrictions set forth in 310 CMR 30.750.
(14) 310 CMR 30.351 (8) (a) , (refers to 30.340 (1) (a) l.d.) ,
(refers to 30.686) : On the inspection date, it was noted that North
Andover DPW is not performing the required weekly inspections of
the hazardous waste accumulation area. The regulation
requires ... At least weekly, the owner or operator shall inspect
areas where containers are stored, looking for leaking and for
deterioration, caused by corrosion or other factors, of containers
and the containment system.
(15) 310 CMR 30.351 (8) (a) , (refers to 30.340 (1) (b) ) : The
flammable storage cabinet used for the accumulation of household
waste paint was not marked with the required information. The
regulation requires that ... Each tank or container in which
hazardous waste is being accumulated, and each outside container
into which smaller containers are packed shall be clearly marked
and labelled throughout the period of accumulation with the
following:
(1) The words "Hazardous Waste*;
(2) The hazardous waste(s) identified in words (e.g.,
acetone, toluene);
(3) The type of hazard(s) associated with the waste(s)
indicated in words (e.g., ignitable, toxic, dangerous
when wet);
(4) The date upon which each period of accumulation
begins, marked on each tank or container at the time
accumulation begins in that tank or container. For
underground tanks, marks and labels shall be made on the
aboveground portion of the tanks, or in close proximity
to the tank.
Marks and labels shall be placed on the sides of each tank or
container in such a manner that they are clearly visible for
inspection.
(16) 310 CMR 30.351(8) (b) , (refers to 310 CMR 30.340 (1)(j)):
A sign with the words "Hazardous Waste" was not posted in the
hazardous waste accumulation area, the flammable storage cabinet.
The regulation requires that ... all areas where wastes are
accumulated shall have posted at all times a sign with the words
"HAZARDOUS WASTE", in capital letters at least one inch high.
North Andover DPW
Notice of Noncompliance
Page -9-
(17) 310 CMR 30.351(9)(c)6.: An up-to-date written list of
emergency information is not posted near the telephone at the site
of accumulation. The regulation requires that ... a generator must
have posted, a list with the following information:
a. The names) and telephone numbers) of the emergency
coordinator(s).
b. The location(s) of the fire extinguisher(s) and
spill control materials, and, if present, the fire
alarms.
C. The telephone number of the fire department, or, if
there is a direct alarm system, instructions on how to
activate it, or both.
d. Evacuation routes, where applicable.
ACTION TO BE TAKEN, AND THE DEADLINE FOR TARING SUCH ACTION:
AIR OUALITY
(1) a. Immediately upon receipt of this Notice, reconfigure
the above referenced hoses so that the breakaway is at least 5 to
6 feet from the nozzle. Within thirty (30) days of your receipt of
this Notice, this office must be in receipt of written confirmation
that this has been done.
(1) b. Immediately upon receipt of this Notice, secure the
retractor connection on both sides of the dispenser to insure that
proper hose length is maintained. Please see Exhibit 5 of
Executive Order G-70-52-AM,attached. Within thirty (30) days of
your receipt of this Notice, this office must be in receipt of
written confirmation that this has been done.
(1) C. Immediately upon receipt of this Notice, replace the
kinked hose on the working fuel dispenser or prohibit it from use
and place an "Out of Order" sign on it. Within thirty (30) days of
your receipt of this Notice, this office must be in receipt of
written confirmation that this has been done.
(1) d. Immediately upon receipt of this Notice, replace the
nozzle with the missing rubber bellows or prohibit it from use and
place an out of "Order of Order" sign on it. Within thirty (30)
days of your receipt of this Notice, this office must be in receipt
of written confirmation that this has been done.
(1) e. Immediately upon receipt of this Notice, adjust the
above referenced dispenser so as to comply with EXHIBIT 5 of CARB
Executive Order G -70 -52 -AM. Within thirty (30) days of your
receipt of this Notice, this office must be in receipt of written
confirmation that this has been done.
North Andover DPW
Notice of Noncompliance
Page -10-
(2) Immediately upon receipt of this Notice, fill out the
Registration and Classification Form and the Stage II - Equipment
Replacement Form that has been mailed to your facility. Within
thirty (30) days of your receipt of this Notice, this office must
receive from you a copy of the completed form.
(3) and (6) Maintain and keep the following records at the
facility:
a. Vapor collection and control system failure records.
b. Vapor collection and control system maintenance
records.
C. Daily and monthly throughput records.
d. Testing results for the vapor collection and
control system.
e. Certification that facility operators and employees
received training and instruction in the operation
and maintenance of the vapor collection and control
system.
f. All permits, orders or licenses to operate issued
for the facility by the Department.
g. Inspection reports or other compliance documents
issued for the facility by the Department.
Within thirty (30) days of your receipt of this Notice, this
office must be in receipt of written confirmation that this has
been done, and will continue to be done.
(4) Immediately upon receipt of this Notice, North Andover
DPW must conspicuously post the necessary signs and instructions to
maintain compliance with the above referenced regulation. At a
minimum, the signs must:
a. be conspicuously posted near the fuel pumps;
b. give operating instructions on how to use the Stage
II vapor recovery nozzle;
C. inform the user of the equipment that he/she should
not "top off" the tank after the automatic shut-off
has engaged; and
d. inform the public that they can call the Department
of Environmental Protection at 617-556-1035 if they
have any questions or complaints about the Stage II
equipment.
(5) Immediately upon receipt of this Notice prohibit the use
of the above referenced dispenser (eg tie off or bag) and post an
"Out of Order" sign on the dispenser, until the dispenser is
repaired. Within thirty (30) days of your receipt of this Notice,
this Office must receive from you written confirmation that this
has been done, and will continue to be done.
North Andover DPW
Notice of Noncompliance
Page -11-
(7) Within thirty (30) days of your receipt of this Notice,
the Department requires North Andover DPW to have the vapor
collection and control system tested in order to demonstrate
compliance with 310 CMR 7.24 (6) . North Andover DPW must notify the
Department in writing at least two days prior to the anticipated
test date. Be advised, Liquid Blockage, Leak Check, and all other
related testing for automatic shutoff and flow prohibiting
mechanisms, as applicable, are required to be conducted in
accordance with the methods listed in Appendix J of EPA document
450/3-91-022b, or other methods approved by the Department. Upon
conclusion of testing North Andover DPW shall submit a copy of the
test results to the Department.
(8) Within thirty (30) days of your receipt of this Notice,
this office must be in receipt of testing results conducted at the
time of installation.
HAZARDOUS WASTE
(1) Immediately upon receipt of this Notice, clean out any
and all oil/water separators that North Andover DPW has on site.
These wastes must be shipped off-site for legal disposal via a
licensed hazardous waste transporter using a Massachusetts
Hazardous Waste Manifest. Within thirty (30) days of your receipt
of this Notice, this Office must be in receipt of written
confirmation that this has been done, and will continue to be done.
In addition, the Department requires that photo copies of the
completed manifest(s) be forwarded to this office as soon as the
shipment is made.
(2) Fill out the Hazardous Waste Recycling Permit Application
and Transmittal Form, and submit the copies to the appropriate DEP
locations. A permit application to recycle waste oil has the new
category number, BWP HW21, and a new application fee of $100. Upon
receipt of all the required materials and confirmation that payment
has been received, DEP will begin processing your application.
Within thirty (30) days of your receipt of this Notice, this office
must receive from you written confirmation that this has been done.
Should you have any questions concerning the recycling permit, you
may contact Martha Bolis at (617) 972-7600.
(3) through (5) Immediately upon receipt of this Notice,
bring the above referenced tank into full compliance with weekly
testing, annual tightness testing, and leak detection regulations.
As an alternative, you may choose to remove the tank(s) from
service. Within thirty (30) days of your receipt of this Notice,
this office shall be in receipt of written confirmation along with
supporting documentation that the tank is in compliance with the
referenced regulations, or has been removed from service.
North Andover DPW
Notice of Noncompliance
Page -12-
(6) Immediately upon receipt of this Notice, post a sign with
the words "WASTE OIL", in accordance with the above referenced
regulation. Within thirty (30) days of your receipt of this
Notice, this office must be in receipt of written confirmation that
this has been done.
(7) and (10) Immediately upon receipt of this Notice, mark
the above referenced containers of waste oil with the required
information. Within thirty (30) days of your receipt of this
Notice, this office must receive from you written confirmation that
this has been done, and will continue to be done.
(8) Immediately upon receipt of this Notice, close all
containers accumulating waste oil, and continue to keep them closed
except when waste is being added or removed. Within thirty (30)
days of your receipt of this Notice, this office must be in receipt
of written confirmation that this has been done, and will continue
to be done.
(9) Immediately upon receipt of this Notice, begin performing
the required weekly inspections. Within thirty (30) days of your
receipt of this Notice, this office must be in receipt of written
confirmation that this has been done, and will continue to be done.
(11) Immediately upon receipt of this Notice, make
arrangements for the shipment of the above referenced waste in
accordance with the hazardous waste regulations, 310 CMR 30.000.
These wastes must be shipped off-site for legal disposal via a
licensed hazardous waste transporter using a Massachusetts
Hazardous Waste Manifest or complete the recycling permit outlined
in Item 13. If the recycling permit option is utilized then North
Andover DPW would not be required to ship its waste within the
ninety (90) day limit, however if North Andover does not choose to
obtain a recycling permit the following would be required. Within
thirty (30) days of your receipt of this Notice, this office must
be in receipt of written confirmation that this has been done, and
will continue to be done within the ninety (90) day accumulation
time limit. In addition, the Department requires that photo copies
of the completed manifest (s) be forwarded to this office as soon as
the first shipment is made.
(12) Immediately upon receipt of 'this Notice, post an
up-to-date written list, in accordance with the referenced
regulation. Within thirty (30) days of your receipt of this
Notice, this office must be in receipt of written confirmation that
this has been done.
(13) Immediately upon receipt of this Notice, determine if the
waste in question is a hazardous waste, and make arrangements for
its proper disposal. Within thirty (30) days of your receipt of
this Notice, this office must be in receipt of written confirmation
that this has been done.
r
North Andover DPW
Notice of Noncompliance
Page -13-
(14) Immediately upon receipt of this Notice, begin performing
the required weekly inspections. Within thirty (30) days of your
receipt of this Notice, this office must be in receipt of written
confirmation that this has been done, and will continue to be done.
(15) Immediately upon receipt of this Notice, mark the
flammable storage cabinet accumulating hazardous waste, in
accordance with the above referenced regulation. Within thirty
(30) days of your receipt of this Notice, this office must be in
receipt of written confirmation that this has been done, and will
continue to be done.
(16) Immediately upon receipt of this Notice, post a sign with
the words "HAZARDOUS WASTE", in accordance with the above
referenced regulation. Within thirty (30) days of your receipt of
this Notice, this office must be in receipt of written confirmation
that this has been done.
(17) Immediately upon receipt of this Notice, post an
up-to-date written list, in accordance with the referenced
regulation. Within thirty (30) days of your receipt of this
Notice, this office must be in receipt of written confirmation that
this has been done.
DATE :.GAe- 6�
Edward J. Pawlowski
Chief, Compliance and Enforcement
Bureau of Waste Prevention
David P. LaBrode
Environmental Analyst
��a 0 YRW
Kenneth A. Atkinson
Environmental Analyst
Certified Mail
P:\BCOSTANZ\ATKINSON\NO9080.DFT
REPORT OF RELEASE ON MARCH 30, 1994 AT 384 OSGOOD STREET
1. Received notice of kerosene spill by phone around 2:00 P.M..
Located near Town garage at 384 Osgood.
2. Visited site. Chief Dolan out of town as was Richard
Doucette, and George Perna.
3. Obvious oil presence around large tree in abutting property
and in stream at edge of property.
4. Called DEP for guidance; spoke to Brad Stewart who suggested
using boom. Inserted into stream by Fire Dept. personnel.
5. Field agent, Mike Gorassi, called and stated he would check
site on his way back to office and let us know if anything else
was required on site.
William F. Weld
Governor
Daniel S. Greenbaum
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of a 3
Environmental Protection
Metro Boston/Northeast Regional Office
February 11, 1993
Mr. George Perna - Director
Department of Public Works
•384. Osgood- St.
North Andover, MA 01845
RE: North Andover - N.Andover DPW Garage
384 Osgood St.
DEP Case #3-4227
RELEASE CATEGORIZATION AND STATUS
Dear Sir/Madam:
This Office has been notified that a release of oil and/or
hazardous material has occurred at the location referenced above.
You are listed in our records as a person who has knowledge of
and/or responsibility for the referenced release. Subsequently,
this Office sent you a letter requesting that you fill out a
"Release Categorization Form" and provide DEP with enough
information to properly assess the release. The letter explained
the implications of the various ways to categorize the release;
your potential statutory liability; several relevant DEP policies;
and your responsibility to provide the information required by DEP
within 90 days of receipt of the letter.
This letter is being sent to (1) communicate to you DEP's
determinations regarding the categorization of the release at this
location, (2) inform you of the status of DEP's review of this
case, (3) remind you of the liability provisions of MGL c. 21E; and
(4) provide you with guidance and recommendations on what future
actions should occur regarding this matter.
Release Categorization
Based upon a review of submitted and available information
regarding the release at the above referenced location, the
10 Commerce Way • Woburn, Massachusetts 01801 • FAX(617)935-6393 • Telephone (617) 935-2160
Department has made the following determination regarding the
regulatory categorization of the release:
Sufficient documentation exists to designate the release
as a Location to Be Investigated (LTBI) within the meaning of
MGL C. 21E, the Massachusetts Oil and Hazardous Material
Release Prevention and Response Act, and 310 CMR 40.00, the
Massachusetts Contingency Plan (MCP). A Phase I "Limited Site
Investigation" must be conducted at this location, as required
in the MCP, 310 CMR 40.543.
Status of DEP Review and Case Oversicfht
Based upon a preliminary review of information and data
currently in our possession, conditions at this location do not
appear to present an immediate threat to public health, safety, or
the. environment. On a relative basis, there are a large number of
other cases which appear to be of much greater or more immediate
concern. Consequently, because of staffing limitations and the
existence of a large backlog of cases, further review by the Site
Management Branch is not likely to occur for an extended period of
time.
Statutory Provisions and Liabilities
Under the provisions of MGL c. 21E and the MCP, a series of
investigatory and/or remedial measures may be necessary at this
location. In such cases, persons and entities statutorily defined
as "Potentially Responsible Parties" (PRPs) are liable for all
needed actions. This liability is strict, meaning it is not based
on fault but solely on one's status as an owner, operator,
generator, transporter, or other responsible party. It is also
joint and several, meaning individual PRPs may be liable for all
response actions conducted across an entire site. You should
carefully evaluate. these provisions and seek legal counsel, if
necessary, to determine the extent of your liability at this
location. (Please be advised that MGL c. 21E was amended on July
20, 1992.)
Despite the fact that this site is backlogged, DEP encourages
PRPs and other private parties to take response actions to assess
and cleanup contamination. Under the provisions of 310 CMR 40.536,
however, any remedial site work beyond an initial Phase I "Limited
Site Investigation" may not be accomplished without DEP approval,
except for "non-priority" sites that have been granted a Waiver of
Approvals under 310 CMR 40.537 to perform an "at -risk" remediation.
2
Recommendations for Future Actions
Because this case is backlogged, if further response actions
beyond.a Phase I investigation are warranted, and the site appears
to be classifiable as a non-priority site under 310 CMR 40.544,
PRPs or other parties should consider applying for a Waiver.
The necessity of performing a short term remedial measure
should be continuously evaluated at any location where a release or
threat of release of oil or hazardous materials has been
documented. Such response actions require prior DEP approval.
If you believe that no further remedial response actions are
required at this location, you are advised to consider whether you
have fulfilled all requirements of the MCP. Guidance and advice in
this regard is attached.
Finally, you are reminded that MGL c. 21E was amended on July
201 1992. Based upon the legislation, DEP will be developing
detailed regulations regarding .the future assessment and cleanup of
releases. The statute requires that DEP develop these regulations
by July 1, 1993. You are advised to review the statute in order to
determine what appears to be most appropriate at this location, in
light of these changes.
I hope this letter was helpful in clarifying DEP's position in
this matter. We regret not being able to provide more staff
oversight and guidance, but hope you can understand our obligation
to devote our limited staff resources to those cases which present
the greatest threat to public health and the environment.
All further communications regarding this matter must be
directed in writing to the letterhead address, attention "Site
Management Branch", referencing the DEP Case Number designated in
the subject heading.
Very truly yours,
Ida Babroudi
Environmental Engineer
1.
cc: DEP/BWSC, Boston
Board of Health
3
Stephen M. Johnson
Acting Section Chief,
Site Management Branch
William F. Weld
Governor
Daniel S. Greenbaum
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental protection
Metro Boston/Northeast Regional Office
Dear Board of Health official:
This office has received information, data, and/or a report indicating that oil
and/or hazardous material contamination exists or potentially existsat the
location referenced in the attached correspondence. The purpose of this letter
is to inform you of this notification, advise you of DEP's position in this
matter, and indicate how you may get more information.
As the attached correspondence indicates, DEP will be unable to assign this case
to one of our engineers or scientists for the indefinite future. This is due to
staffing constraints at the agency and the existence of a tremendous backlog of
similar cases.
Based upon a preliminary review of submitted and available information, we do not
believe that this site presently poses an immediate threat to public health or
the environment.
If you wish to receive a copy of the information or report(s) available for this
site, please contact the addressee of the attached correspondence. If you cannot
obtain it by this means, we will try to get you pertinent information from our
files, but will need to pass -on the cost of reproduction. As our clerical
shortage is even more grave than our shortage of professional staff, we would
appreciate your initial pursuit of the former option.
We regret not being able to provide more oversight in this matter, but wish to
notify you of this situation. while we fully realize that your city or town has
resource limitations similar to ours, we feel that it is important for you to
know of the conditions of sites in your community in the event you wish to pursue
this matter independent from DEP.
Finally, as DEP's principal point of contact in your community, we would
appreciate your consideration of informing other municipal officials who may have
an interest in this issue and/or site.
If you have any questions or comments on this matter, please contact Ida Babroudi
at the letterhead address or (617) 935-2160.
very truly yours,
<'t S -z-1
.john J. Fitzgerald, P.E.
chief, site Management Branch
10 Commerce Way • Woburn, Massachusetts 01801 0 FAX (617) 935-6393 0 Telephone (617) 935-2160
t
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#58- JULY 1, 1992
COMPLAINTANT:FIRE DEPARTMENT CLOSE DATE:
ADDRESS: PHONE:
OWNER:TOWN GARAGE PHONE #:
ADDRESS:384 OSGOOD STREET
INSPECTION DATE: ORDER L DATE:
COMPLAINT:FRED MCCARTHY, FIRE DEPT., REPORTED A VAPOR LEAK AT TOWN
GARAGE.
SODIUM HYDROXIDE MIXED WITH H2O WHICH CREATED A VAPOR.
THREE
PEOPLE SENT TO HOSPITAL. CONTRACTOR HIRED TO -REMOVE
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NORTH ANDOVER FIRE DEPARTMENT
CENTRAL FIRE HEADQUARTERS
124 Main Street
North Andover, Mass. 01845
WILLIAM V. DOLAN
Chief of Department Tel. (508) 686-3812
Mr. Steve Bresnahan
Dept. of Environmental Protection
5 Commonwealth Ave.
Woburn, MA 01801
July 2, 1992
Dear Steve,
As promised the attached are the reports available on the
incident on 7/1/92 at 384 Osgood St. the Town's DPW garage.
The material was taken by ENPRO in an overpack drum.
If you have any questions regarding this matter please contact
me or Lt. Thomas Casale at the fire department.
Respectfully,
v tl
William V. Dolan
Fire Chief
cc. J. Gordon, Town Manager
Lt. Casale
W. Cyr, DPW Director
A. Conboy, Brd. of Health
''SMOKE DETECTORS SAVE LIVES"
1
FIRE CHIEF'S REPORT INCIDENT AT DPW GARAGE 7/1/92
SODIUM HYDROXIDE
The Chief responded to the DPW garage at 384 Osgood St. at the
request of Lt. F. McCarthy at approximately 11:15 A.M.
Lt. McCarthy reported that a five (5) gallon pail of Sodium
Hydroxide had been wetted while DPW workers were washing the
floor of the garage. Lt. McCarthy had been alerted to the
situation by Don Williams.
The pail was fuming.
The Lieutenant had evacuated the garage and was standing by
with the fire apparatus.
While on route to the site the Chief called Sue Prior of
Laidlaw - Service Chemical - Sutton St. - and asked for specific
information on Sodium Hydroxide and the hazards to the container.
She verified information in the DOT guidebook and spoke of the
inhalation hazard and direct skin contact. The necessity of
wearing breathing apparatus and to provide protection against
skin contact. The endothermic reaction would subside' but
considerable heat would be emitted from the container. The
container should not be moved but handled and disposed of by a
competent operator.
Lt. McCarthy had called for the ambulance and three (3) DPW
workers were transported to the Lawrence General Hospital to be
checked for any respiratory problems. These persons were James
Marshal, Jackson Long and Steve Risacher. They were transported
from the facility in North Andover Fire Dept. Ambulance. They
were seen and later released and returned to the site in the same
manner.
The Fire Chief upon arrival conferred with Lt. McCarthy and
directed that the Lt. and one FF don SCBA and protective
equipment and feel the container for heat generation. There was
still considerable heat and a light, white, vapor issuing from
the container.
The Chief ordered the adjacent garage doors closed and
requested a positive pressure ventilation (PPV) fan from
Middleton Fire department.
Mechanics advised of mechanical fans which would exhaust the
air from the bays to the back of the building. Lt. McCarthy
started the fans.
Due to a potential feedback of air into the office area, the
office area was evacuated. There is a fire partition between the
garage and the office area.
The PPV was set in front of the open bay containing the can of
material. A call back crew was ordered to monitor the site and
barrier tape was used to prevent persons from entering the garage
area. The office area doors were locked to prevent entry. Crews
made periodic entry to determine the heat generation from the
can. Visible vapors had ceased prior to the implimentation of
ventilation.
Prior to leaving the Chief doned appropriate equipment and with
a firefighter evaluated the area. Considerable heat was still
being generated and the bottom of the container had split open
releasing the product with water in a "slurry" around the base of
the container. The container was labeled "corrosive" and
contained Sodium Hydroxide in a solid crystalized form.
The Chief notified the Department of Environmental Protection
and spoke to Mr. Steve Bresnahan regarding the incident and the
actions being taken. Mr. Bresnahan did not believe there was a
need for the response team to respond. Reports will be forwarded
to the Worburn office by Chief Dolan.
The Fire Chief contacted ENPRO services of Newburyport for
disposal of the material and the necessary paperwork was
expedited through the DPW secretary. ENPRO advised that they
could not pick up the can until it cooled down. This action was
taken at approximately 3:00 P.M. and all standby crews were
released. The actual size of the can was seven (7) gallons.
The Town Manager was notified of the situation and. given
updates. He visited the scene and was briefed by the standby Lt.
Morgan as to the actions being taken.
The Board of Health was notified and Mrs. Allison Conboy
visited the site.
The Fire Chief notified the local media of the situation,
Lawrence Eagle Tribune, No. Andover Citizen and WCCM radio.
Lt. Tom Casale the Fire Departments "Right to Know" officer was
dispatched to the facility on June 2nd, to make an assessment of
chemical storage practices and right -to -know awareness.
This concludes this report of the incident. The departments
involvement with follow up action will continue through
compliance.
7/2/92 c%✓_
William V. Dolan
Fire Chief
t
EAMIEUTM Codebreake r v 1.01 FIND F' � a�j
SODIUM HYDROXIDE, DRY SOLID, FLAKE, BEAD
um 182,3y
FORMULA HNaO
LABEL CORROSIVE MATERIAL
SYNONYMS
CAS 1310732 .1
RTECS 4' Y6�-F9001.1!_ 0
STCC 4935235
NORA 9073
SODIUM HYDROXIDE (NA(OH))
AETZNATRON
ASCARITE n.
(PORTIONS ACAS, 1987)
RESPONSE INFORMATION DATA SHEET, VERSION 2.0
NOAH - 7600 SAND POINT WAY N.E. SEATTLE, WA 98115 (206) 526-6317
SOOILIM HYDROXIDE, DRY SOLID, FLAKE, BEAD
11 GENERAL DESCRIPTION:
Sodium hydroxide, dry is a white material. It is used in chemir_.al manufacturing, petroleum refining, cleaning compounds, home
drain openers, and for many other uses. It is soluble in water with release of heat. It absorbs moisture from the air ami dis°olves
in it. It is corrosive to metal3 and tissue. ((C)AAR, 1986)
2) FIRE HAZARDS:
Not flammable. Mau cause fire on contact with combustible3. Flammable gas may be produced on contact with metal 3. (USCG,
1985)
3) FIRE FIGHTING:
Extinguish fire using agent suitable for type of surrounding fire (material itself does not burn or burns with difficulty). Use
water in flooding quantities as fog. Apply water from as far a distance as possible. ((C)AAR, 1986)
4) PROTECTIVE CLOTHING:
Avoid bodiIu contact with the material. Wear boots, protective glomes, and goggles. Do not handle broken packages without
protective equi pment. Wash away any material which may have contacted the body with copious amounts of %hater or soap and
water. If contact with the material anticipated, wear full protective clothing: ((C)AAR, 1986)
Butyl: Good Resistance/Limited Data.
Chlorobutyl:
Chlor Pub:
CPE: Good Resistance/Limited Data.
CR 39:
EVA PE:
FEP TFE:
Hypalon:
NBR.: Good Resistance/Limited Data.
Neoprene: Good Resistance/Good Data.
Neo Pub:
Neoprene SBR: Good Resistance/Limited Data.
Nitrile: Good P.esistance /Good Data.
Nitrile PVC: Good Resistance/Good Data.
PE: Good Resistance/Limited Data.
Polycarb:
PLr: Good Resistance/Limited Data.
PVA.-
PVC:
VA:
PVC: rood Resistance/Limited Data.
Rubber: Good Resistance/Good Data.
Rub Neo NBP.:
Rub Neo SBR:
Seranex:
SBR: Good Resistance/Limited Data.
Viton: Good Resistance/Limited Data.
Viton Neo:
5) HEALTH HAZARDS:
DUST; irritating to eyes, none and throat. SOLID: Will burn skin and eyes, Harmful if swallowed. (USCG, 1965)
'/ IVI1 11\L 1\LVI VI\V L.
Keep material out of %eater sources and sewers. Land spill: Dig a pit, pond, lagoon, holding area to contain liquid or solid material.
Cover solids with a plastic, sheet to prevent dissolving in rain or firefighting water. 'hater spill: Neutralize with dilute acid or
removable strong acid. { (C)AAR, 1986)
RESPONSE INFORMATION DATA SHEET, VERSION 2.0
NOAA - 7600 SAND POINT WAY W.E. SEATTLE, WA 98115 (206) 526-6317
SODIUM HYDROXIDE, DRV SOLID, FLAKE, BEAD
7) FIRST AID:
If this chemical comes in contact with the eyes, 7mmediately :,rash the eyes with large amounts of water, occasionally lifting the
lower and upper lids. Get medical attention immediately. Contact lenses should not be worn when working with this chemical. If
this chemical comes in contact with the skin, immediately flush the contaminated skin with water. If this chemical penetrates the
clothing, immediately remove the clothing and flush the skin with water. Get medical attention promptly. If a person breathes in
large amounts of this chemical, move the exposed person to fresh air at once. If breathing has stopped, perform artificial
respiration. Keep the affected person %harm and at rest. Get medical attention as soon as possible. If this chernical has been
swalloveed, get medical attention immediately. (NIOSH, 1987)
8) PROPERTIES:
Flash Point: Not Applicable. Not flammable. (USCG, 1985)
Lower Exp Li mit.- Not Applicable. Not flammable. (USCG, 1985)
Upper Exp Limit: Not Applicable. Not flammable. (USCG, 1985)
Auto Igtn Temp: Not Applicable. Not flammable. ( USCG, 1985)
Melting Point: 604 Deg F ( USCG, 1985)
Vapor Pressure: Not Applicable. (USCG, 1985)
Vapor Density: Not Applicable. (USCG, 1985)
Specific Gravity, Liquid:
Specific. Gravity, Solid: 2.13 0 68 Deg F (USCG, 1985)
Boiling Point: Very high. (USCG, 1918 5)
Molecular Weight: 40 (USCG, 1985)
IDLH: 250 mgim3 (NIOSH, 1987)
TLV TWA: 2 mg/m3 Ceiling limit. ((C)ACGIH, 1986)
TLV STEL:
484
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COMPLAINT #
COMPLAINANT
ADDRESS OF PREMISES
OCCUPANT
OWNER
OWNER'S ADDRESS
DATE OF INSPECTION
ROOMS/VIOLATION:
Form #HIR -1 Action Press 885-7000
NORTH ANDOVER HEALTH DEPARTMENT
120 Main Street • North Andover, MA 01845
Telephone (508) 682-6483, Ext. 32
Housing Inspection Report
HOU
INSPECTOR
G
S. Russell Sylva
Commissioner
727.5194
Board of Water Commissioners
DPW Office
384 Osgood Street
North Andover, MA 01845
Gentlemen:
�iGe ��a.��ac2lGle�G.1
31a.-Imewll(ewovvowmeAlal�i�a�� (�ir�orreeranS
��//Gatr�o�ota✓�, �osto� - /!'ort/%a.4t �c�coir
5 Commonwealth Ave., Woburn, MA 01801
November 23, 1984
RE: NORTH ANDOVER - PUBLIC WATER SUPPLY
Violation of Maximum Turbidity
Contaminant Level - October 1984
The Department of Environmental Quality Engineering has reviewed the Turbudity
Analysis Reports for your public water system for the month(s) of October, 1984.
The report(s) show that during the month(s) of October the presence of turbidity
in your water system exceeded the maximum turbidity contaminant level allowed in a
public water system; this constitutes a violation of Section 8 of the Drinking
Water Regulations of Massachusetts, 310 CMR 22.00. In accordance with Section 16
of these Regulations, you are required to notify persons served by your water
system of such violation.
Enclosed is a copy of excerpts from Section 16 which describe the notifica-
tion requirements. Please forward a copy of the notice to this office for review
and comment prior to its issuance. Yoy are reminded that Paragraph 7 of Section
16 requires that a copy of all notifications sent, issued or posted must be furnished
to the Department no later than the time it is given to the users of the system.
If you have any questions regarding this matter, please contact Andy Tobias
at 935-2160.
Very truly yours,
William A. Krol, P.E.
Deputy Regional Environmental Engineer
WAK/AT/gg
cc: Bd. of Health, Town Hall, N. Andover, MA 01845 Attn: Mary Joyce
Bd. of Selectmen, Town Hall, N. Andover, MA 01845
Water Dept., DPW Office, 384 Osgood St., N. Andover, MA 01845
DEQE, Division of Water Supply, One Winter St., Boston, MA 01801
Enclosure
Town of North AndoverOf HOR TH'
OFFICE OF 3
COMMUNITY DEVELOPMENT AND SERVICES p
30 School Street '
North MdoN er. Massachusetts 0 I S 4>
W11.L1"\N1 J SCO 1 I SSACHUSE
Director
North Andover Planning Board
Kathleen Colwell, Town Planner
384 Osgood Street
North Andover, MA 01845
August 11, 1998
Dear Board Members.
This letter is regarding the proposed addition to the DeMoulas/ Market
Basket building, located at 350 Winthrop Street, North Andover. The Health
Department would like to offer information as to current issues involving this
property.
Since the fall of 1997 this department has received numerous complaints
regarding excessive noise at 350 Winthrop Street. The loud noise in question
was occurring between the hours of 9:OOPM and 7:OOAM and appeared to be
caused by dumpster activity and/or deliveries. (please see citizen petition
attached).
Written correspondence to the dumpster permit holders and the dumpster
hauling companies was made to stress the regulations set forth by this
department. (see regulations attached) The North Andover Police Department
was also contacted to assist in identifying the violation source. However, since
that time, both the Health Department and the Police Department have
continued to receive sporadic complaints and have been unable to identify the
violator(s).
In addition, upon an inspection by this department the following
observations were made, the parking lot had many potholes, many of the
dumpsters were not kept closed, they did not have the ability to be locked at
night, and were also placed too close to the building. To assist in reaching
closure of these issues for the Waverly Road neighborhood, the Health
Department has the following recommendations.
1) Restrict store deliveries to the hours as put forth by the dumpster regulations;
No deliveries from 9:OOPM - 7:OOAM, with the exception of approved
individual vendors.
2) Resurface the entire parking lot to minimize truck noise. Presently, the
parking lot is in severe disrepair and is responsible for much of the loud
noise.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
,f
3) The Fire Department regulations regarding the placement of a dumpster calls
for a minimum of a 25 foot separation from any structure. In an effort to
comply, it is suggested that upon lot resurfacing, a permanent mark or
buttress be placed to identify each space.
Thank you for you consideration of this matter. If you have any questions
please feel free to contact me at 688-9540.
Sincerely,
Susan Ford
Health Inspector
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON - NORTHEAST REGIONAL OFFICE
TOIA/N OF NORTH AN ARGEO PAUL CELLUCCI
Governor BOARD OF HEALTH
JANE SWIFTPI R — 9 M �
Lieutenant Governor ;
J. William Hmurciak
North Andover Division of Public Works
384 Osgood Street
North Andover, MA 01845
Dear Mr. Hmurciak:
BOB DURAND
Secretary
DAVID B. STRUHS
Commissioner
March 4, 1999
RE: NORTH ANDOVER—Public Water Supply
—Source Abandonment—Merrimack River
Wells
PWS -ID # 3210000
Transmittal # 203277
The Department of Environmental Protection (DEP), Drinking Water Program (DWP) has
received February 22, 1999, and April 29, 1998, letters from you requesting formal abandonment of
the Town of North Andover's two Merrimack River Wells. DEP never approved the wells for regular
use because their proximity to the river caused them to draw in high levels of bacteria. The wells
were used during a 1981 water emergency with superchlorination/dechlorination treatment. The wells
have not been maintained in working condition since that time. In recent years, the Town has
investigated the feasibility of upgrading the wells from "emergency" to "active" status, with treatment
to be provided at the Lake Cochichewick water treatment plant. DEP stated in a February 26, 1998,
letter that it could not approve upgrade of the wells to active status because the wells were
immediately adjacent to railroad tracks (less than 50 feet), and required the Town to submit a
timetable to either rehabilitate the wells for functional emergency use or request abandonment. The
Town has concluded that it is not cost-effective to make the necessary repairs merely to maintain the
current emergency status, and therefore proposes to abandon the wells.
w
DWP hereby approves abandonment of the following sources:
SoaLr cce IL i.v. Source Name
3210000-01G Merrimack River Well #1
3210000-02G Merrimack River Well #2
These sources are no longer considered to be sources of public water supply or authorized water
withdrawal points, and will no longer be protected as a public water sources under Departmental
programs. The Department's Geographic Information System staff will be notified of the
abandonment so that the sources and their wellhead protection areas will not appear on future maps
produced by the Department.
205a Lowell St • Wilmington, Massachusetts 01887 0 FAX (978) 661-7615 0 Telephone (978) 661-7600 0 TDD # (978) 661-7679
Mr. J. William Hmurciak - 2 - March 4, 1999
DEP approval is required prior to any sale or transfer of land that is no longer needed for water
supply purposes, in accordance with Massachusetts General Laws ch. 40 § 15B. If you intend to sell
or transfer the land, an application for Permit Category BRPWS26 must be submitted to DWP,
including a map of the property, a description of the property (i.e., the metes and bounds), and a DEP
transmittal form. Under the Massachusetts Environmental Protection Act (MEPA), an Environmental
Notification Form is required for release of water supply land. In addition, Article 97 of the
Massachusetts Declaration of Rights (the Massachusetts Constitution) requires the approval by two-
thirds vote of both branches of the State legislature before lands and easements in public use can be
converted to another purpose or otherwise disposed of.
Abandoned sources must be disconnected from the public water distribution system. DWP
strongly recommends that abandoned wells be properly decommissioned, unless they will be used in
the future for irrigation or other non -potable purposes, to ensure that they will, not. present a physical
hazard or provide a route for contaminants to enter the groundwater. The 1996 edition of Guidelines
and Policies for Public Water Systems includes a description of methods for decommissioning public
supply wells (attached). Some Towns may have local requirements for decommissioning wells.
When wells are decommissioned, a Water Well Completion Report that notes the decommissioning
must be sent to the Massachusetts Department of Environmental Management, Office of Water
Resources.
If you have any questions regarding this matter, please contact James Persky at (978) 661-7767.
Sincerely,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
Enclosure
MM/jp
cc: Bruce Bouck, DEP, Drinking Water, Boston
Lealdon Langley, DEP, Water Management, Boston
Aaron Richer, DEP, Resource Protection, Boston
North Andover Health Department, 120 Main Street, North Andover, MA 01845
RECEIVED
JOYCE BRADSHAW
TOWN CLERK
NORTH ANDOVER
2001 APR - LI P 2. 1 LI
PUBLIC HEARING NOTICE
NORTH ANDOVER PLANNING BOARD
In accordance with the provisions of M.G.L. Chapter 40-A, Section 5, the North
Andover Planning Board will hold a public hearing as follows:
Purpose of Public Hearing:
To amend the Town of North Andover Zoning Map,
Map 24 Parcel 44, so as to rezone this parcel from
Residential 4 (R4) to Business 1 District.
Public Hearing Date & Time
Tuesday, May 1, 2001 8:00 p.m.
Location of Public Hearing
North Andover Public Works Garage at -384 Osgood
"Street; near the High School entrance
Information Available
A copy of the proposed amendment is on file in the
Planning Board office at 27 Charles Street, North
Andover, MA, and may be inspected Monday through
Friday 8:30 a.m. to 4:30 p.m.
Any person interested or wishing to be heard on the proposed plan should
appear at the time and place designated above.
Alison M. Lescarbeau, Chairman
North Andover Planning Board
Publish: Eagle Tribune April 16, 2001 and April 23, 2001
Bill: Town of North Andover
Joyce Bradshaw, Town Clerk
120 Main Street
North Andover, MA 01845
(978) 688-9501
BOARD OF HEAL:7H
APR `1q
BOARD OF HEALTH
AGENDA
THURSDAY, AUGUST 22, 2002 @ 7:00 P.M.
DPW
384 OSGOOD STREET
New Business
• Hearing — license suspension — McAloon's Liquors
Richdale
• Rabies procedure
• Soil testing at Gray St. with consultant
• Road race Sept. 22 — temporary food fee
Old Business
• Non-essential well drilling moratorium
• Bare -hand contact mailer
• Trash truck placards and update
• Minutes
Discussion
• Mercury disposal regulations
• Personnel issues
Correspondence
• MAHB certification
Town of Nh Andover
Office of the Conservation Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845
Julie A. Parrino,
Conservation Administrator
May 29, 2002
North Andover Department of Public Works
384 Osgood Street
North Andover, MA 01845
Ate John Cyr
RE: Emergency Certification
Barker Street Sewer Easement
Dear Mr. Cyr:
Telephone (978) 688-9530
Fax (978) 688-9542
Enclosed is an Emergency Certification Form issued by the North Andover
Conservation Department (NACC) permitting the installation of a water flow
device upgradient of the culvert located under the Barker Street sewer easement.
Installation of the water flow device was in response to a complaint filed by Tom
Zahoruiko who resides at 185 Hickory Hill Road. Residents of Hickory Hill
Road and Old Farm Road have been experiencing property damage from the
flooding problems. The Board of Health has determined that the flooding
problems are a threat to human health and safety and has issued a 10 day
emergency permit to immediately alleviate the threat. If the problems are not
alleviated over the next 10 days, you must apply to the Division of Fisheries and
Wildlife for a 30 day extension permit to alleviate the problem.
Please feel free to contact me if you have any questions.
Sincerely,
cc: Board of Health
Tom Zahoruiko
DEP
DF&W
Ml/templet
Administrator
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
111031
SPECIAL CONDITIONS
1. This permit, or a copy thereof, shall be carried on the person of any
individual exercising the authority thereof and shall be shown upon
request to an agent of the conservation commission, any agent of the
Department of Fisheries Wildlife and Environmental Law Enforcement or
to any officer empowered to enforce the provisions of MGL Chapter 131.
2. The issuance of this permit does not authorize the individual receiving the
permit to trespass upon private property to use that permit. If the dam is
located on abutting properties, signed authorization from abutters
permitting the breaching of the dam on their property must be submitted
to the Conservation Department.
3. This permit is valid from May 29, 2002 to June 7, 2002 and is limited to the
activities described above.
4. Additional work beyond the activities permitted in this Emergency
Certification must be approved by the North Andover Conservation
Commission. Additional work within the wetland resource area must be
authorized through an extension permit.
5. The applicant may request in writing for a 10 day extension permit.
d
Ll
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Emergency Information
Important:
When filling out Issuance From:
forms on the North Andover Conservation Commission
computer, use ruing Authority
only the tab
key to move 1. Reason for Emergency:
your cursor -
do not use the Installation of a water flow device to reduce flooding impacts to adjacent property owners Water flow
return key. device will be installed upgradient of the culvert located under Barker Street sewer easement which
VQ crosses a bordering vegetated wetland
2. Public agency to perform work or public agency ordering the work to be performed.
North Andover Department of Public Works and Beaver Solutions conducting the activities
3. Date of Site Visit: Start Date: End Date*:
May 28, 2002 5/29/02 6/7/02
* no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to address an oil/hazardous material release.
4. Work to be allowed*:
Installation of a water flow device upgradient of a culvert located under a sewer easement.
* May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emgrgencydby this Issuing Authority.
5/29/02
(or designee) Date
WPA Emergency Certification Page 1 of 2
Ll
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Emergency Certification g y cation Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A copy of this form must be provided to the appropriate DEP Regional Office.
G. General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Emergency Certification or subject to
enforcement action.
2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights.
3. This Emergency Certification does not relieve the applicant or any other person of the necessity of
complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. Any work conducted beyond that described above, and any work conducted beyond that necessary to
abate the emergency, shall require the filing of a Notice of Intent.
5. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Emergency Certification at
reasonable hours to evaluate compliance with this Certification, and may require the submittal of any
data deemed necessary by the Conservation Commission or the Department for that evaluation.
6. This Emergency Certification shall apply to any contractor or any other person performing work
authorized under this Certification.
7. No work may be authorized beyond 30 days from the date of this certification without extension by the
. Issuing Authority.
D. Special Conditions
Maintenance of the pipe by town officials and Beaver Solutions is permitted under this certification
E. Appeals
The Department may, on its own motion or at the request of any person, review: an emergency
certification issued by a conservation commission and any work permitted thereunder; a denial by a
conservation commission of a request for emergency certification; or the failure by a conservation
commission to act within 24 hours of a request for emergency certification. Such review shall not
operate to stay the work permitted by the emergency certification unless the Department specifically so
orders. The Department's review shall be conducted within seven days of: issuance by a conservation
commission of the emergency certification; denial by a conservation commission of the emergency
certification; or failure by a conservation commission to act within 24 hours of a request for emergency
certification. If certification was improperly granted, or the work allowed thereunder is excessive or not
required to protect the health and safety of citizens of the Commonwealth, the Department may revoke
the emergency certification, condition the work permitted thereunder, or take such other action as it
deems appropriate.
WPA Emergency Certification Page 2 of 2