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Commissioner �,Q ✓L(Jd �Ylg6•�¢C/j,ILSCi�6', 0-9,Y/7
Gilbert T. Joly
Regional Director --------- _
October 28, 1991_-�
Hatheway & Patterson Co. RE: MANSFIELD--Hazardous Waste
15 County Street, P.O. Box 177 Hatheway & Patterson Co.
Mansfield, Massachusetts 02048 15 County Street
310 CMR 30.000
Site ID# MAD001060805
Status: Large Quantity Generator
NON-SE-91-2037
ATTENTION: William Haynes,
President
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO
THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Department personnel have observed that on August 29, 1991, activity occurred
at Hatheway & Patterson Co., 15 County Street, Mansfield, Massachusetts, in
noncompliance with one or more laws, regulations, orders, licenses, permits
or approvals enforced by the Department.
The purpose of this inspection was to determine the status of your company
relative to compliance with the Massachusetts Hazardous Waste Regulations as
contained in 310 CMR 30.000 which were adopted under the provisions of
Section 4, 6 and 9 of Chapter 21C of the Massachusetts General Laws as
applicable.
Attached hereto is a written description of: 1. each 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.
original Printed on Recycled Paper
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If you fail to take any action the Department now wants you to take by
the prescribed deadline, or if you otherwise fail to remain in compliance in
the future with requirements applicable to you, you could be subject to legal
action, including but not limited to, criminal prosecution, court imposed
civil penalties or civil administrative penalties assessed for every day from
now on that you are in noncompliance with the requirements referred to above.
Very truly yours,
i
Gerald A. 4,Monte—,0Ch1eef
RCRA Sect
M/TC/kan
CERTIFIED MAIL NO. P 253 149 924
RETURN RECEIPT REQUESTED
Attachments
cc: Board of Health
Town Hall
50 West St.
Mansfield, MA 02048
DEP-BWP-Boston
ATTN: Compliance
Joan Serra, Envir. Eng.
USEPA
JFK Federal Bldg.
HRR-CAN2
Boston, MA 02203
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE: Hatheway & Patterson Co.
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 15 County Street,
Mansfield, Massachusetts
DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: August 29, 1991
DESCRIPTION OF NONCOMPLIANCE REQUIREMENTS NOT COMPLIED WITH, ACTION TO BE
TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION:
In August, 1980, Hatheway & Patterson Co. notified the Department that
they are a Large Quantity Generator (LQG) of hazardous waste. The
Massachusetts Department of Environmental Protection (the "Department"), in
conjunction with the United States Environmental Protection Agency (EPA)
conducted an inspection of your company on August 29, 1991, during which the
following violations were observed.
1. Hatheway & Patterson _Co. was accumulating one drum of waste
Chromated Copper Arsenate (CCA) in the boiler room. The boiler
room was not properly designated as a hazardous waste accumulation
area, in violation of 310 CMR 30.340(1)(j).
Therefore, within five (5) days of receipt of this Notice,
Hatheway & Patterson Co. shall ensure that all areas where
hazardous wastes are accumulated have posted at all times a
sign with the words "HAZARDOUS WASTE" in capital letters at
least one inch high.
Hereafter, Hatheway & Patterson Co. shall maintain compliance
with the regulations governing the identification of hazardous
waste accumulation areas.
Hatheway & Patterson Co. was accumulating a five (5) gallon
container of filtered sludge inside the chromated copper arsenate
(CCA) wood treatment building. The container was covered with wire
mesh. A wire mesh cover is inadequate and thereby a violation of
310 CMR 30.340(4)(e) which references 30.685.
Therefore, within one (1) day of receipt of this Notice,
Hatheway & Patterson shall ensure that all containers holding
a hazardous waste remain closed at all times, except when
waste is being added or removed.
Hereafter, Hatheway & Patterson Co. shall maintain compliance
the Regulations governing the management of containers.
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3. Hatheway & Patterson's hazardous waste contingency plan did not
include a list of all emergency equipment, including the location
of each item, in violation of 310 CMR 30.340(1)(d)2 which
references 30.521(9).
Therefore, within thirty (30) days of receipt of this Notice,
Hatheway & Patterson shall amend the hazardous waste
contingency plan to ensure that it is in compliance with
Massachusetts Hazardous Waste Regulations.
An amended copy of the hazardous waste contingency plan is to
be sent to this office for review and approval. Send to the
attention of Thomas Cushing, Department of Environmental
Protection, Lakeville Hospital, Lakeville, Massachusetts
02347.
Hereafter, Hatheway & Patterson Co. shall maintain compliance
with the regulations governing the hazardous waste contingency
plan.
The inspection revealed that the most recent hazardous waste personnel
training occurred on October 4, 1990. Be advised that 310 CMR 30.340(1)(d)1
which references 30.516 including 30.516(1)(d) requires that all personnel
assigned to the management of hazardous waste take part in an annual review
of the hazardous waste training.
In addition, the United States Environmental Protection Agency (EPA)
conducted a Land Disposal Restrictions Inspection of Hatheway and Patterson
Co. in order to determine compliance with 40 CFR, Part 268. You are advised
that the EPA will determine and implement any enforcement or other action
which it deems necessary.
The Department requires a written response within fifteen (15) days of
receipt of this Notice, addressing each of the items above and indicating -the
actions taken in order to achieve and maintain compliance with the
Regulations.
Should you have any questions relative to hazardous waste management at
your company, please contact Thomas Cushing of this office at (508)946-2824.
1
DATE: --�_� BY ",c
Gerald A. Monte, Chief �
RCRA Section