HomeMy WebLinkAboutHazardous Waste Pics from K. ClemmeyTOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
September 9, 1997
Karl Clemmey
390 West St.
P.O. Box 75
Mansfield, MA 02048
Dear Mr. Clemmey:
The Mansfield Board of Health has seriously considered the issue you brought
before the Board on August 7, 1997 regarding the Health Agent's response to
your letter dated May 12, 1997 regarding the Household Hazardous Waste
Collection Day, held at Great Woods Center for the Performing Arts on May 3,
1997.
We feel that Mr. Leite should not be reprimanded and we uphold that his
statements in his letter of August 4, 1997 to you were not erroneous or
inaccurate.
Further, we have voted unanimously not to place a letter of reprimand in Mr.
Leite's personnel file.
Very truly yours,
MANSFIELD BOARDOFHEALTH
[
Dr. Raymo Martin
Chairman `
Cc: Richard Boucher, Acting Town Manager
William Madan, Chairman Board of Selectmen
RM/dr
August 7, 1997
Dr. Raymond Martin, Chairman
Board of Health
Town of Mansfield
6 Park Row
Mansfield, Ma. 02048
Re: Complaint - Health Agent
Mr. Liete:
On May 12, 1997, I brought to the board's attention what I felt was a legitimate
concern surrounding the collection of hazardous materials at the Household
Hazardous Waste Collection Day, held in the parking lot of Great Woods on May 3,
1997. Yesterday, August 5, 1997, exactly 85 days (just sort of 3 months later) after
my initial inquiry, I finally received a response.
Be advised that I find the response of the Health Agent, which is laced with
acrimonious and slanderous remarks appalling. I have never had a conversation
with him in which I stated that I was "not allowed on the Great Woods Center for
the Performing Arts property."
As the agent of the Board of Health and an employee of the Town of Mansfield to
author such a missive is an affront to me personally and an insult as a resident of the
town. I believe that if this type of conduct was to occur in the private sector, he
would be fired immediately.
I truly believe that it would be in his best interest to retract the erroneous and
inaccurate statements. I would expect a letter of reprimand be placed in his file for
this infraction.
cc: Richard Boucher, Acting Town Manager
William Madan, Chairman, Board of Selectmen
Scott Liete, Health Agent, Board of Health
TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
August 4, 1997
Mr. Karl Clemmey
390 West Street
Post Office Box 75
Mansfield, MA 02048
Dear Mr. Clemmey,
Please be advised that your letter of May 12'' stating "that a flagrant violation of federal, state and
local health codes occurred on Saturday, May 3, 1997, at the annual Household Hazardous Waste
Collection Day which was held in the parking lot of the Great Woods Center for the Performing
Arts on South Main Street in Mansfield." is erroneous.
In the second paragraph, you state "This open trailer was tilted toward the rear, with no plastic
liner to stop the flow of contaminates, allowing the battery acid to mix with the rain water and
spill onto the ground unchecked." Your assumption is that the battery cases are deteriorated, when
in fact all batteries were sound and intact with the exception of a battery in a plastic bucket, which
is plainly visible in your photograph.
The next statement in the same paragraph "There was also an open dumpster containing paint
thinner and other hazardous materials exposed to the elements." is best answered by the response
from Laidlaw Environmental Services.
It is my understanding from a discussion with you that you are not allowed on the Great Woods
Center for Performing Arts property. Therefore, I can only believe that you have not witnessed the
conditions and have been mislead in these matters.
Furthermore, your statement "This is a violation of MGL Ch. 21, Sec. 27 and 314 CMR 12.00." is
inr rate. These citings refer to the "Powers and duties of the Di 'on of Water Pollution Control"
and the "Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works
and Indirect Dischargers".
If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
•l
Sco 'Leite
Health Agent
Enclosure
y
Town of Mansfield
Board of Health
6 Park Row
Mansfield, MA 02048
Attention: Mr. Scott Liete, Health Agent
Re: Household Hazardous Waste Collection Day
Dear Mr. Liete:
May 21, 1997
Laidlaw Environmental Services (North East), Inc. is in receipt of a letter dated May 12,
1997 addressed to the Town of Mansfield from Mansfield resident Mr. Karl Clemmey. In
that letter Mr. Clemmey makes several assertions regarding violations of federal, state
and local "health codes". The purpose of this letter is to respond to these comments in
terms of Laidlaw's participation in this collection event.
1) Batteries were stored in a "flatbed trailer" from Saturday, May 3, 1997 through
Monday, May 5, 1997.
Laidlaw was not contracted to handle or remove batteries from the site. A separate
collection event administered by the Town of Mansfield was set up on the property
for residents to drop-off batteries, tires and propane tanks. This area was not staffed
by Laidlaw employees nor was Laidlaw contracted or compensated in any way for
the collection of these items.
2) A dumpster "containing paint thinner and other hazardous materials" was left "open
to the elements".
As appropriate for the particular waste stream, some liquid wastes brought to the
collection event were "bulked", whereby containers such as paint cans were emptied
by pouring and scraping their contents into appropriate vessels, such as drums. All
containers were emptied to meet the definition of an empty container as stated in 40
CFR part 261.7 and 49 CFR Part 173.29. Filled bulking containers were removed by
Laidlaw immediately after the collection event for subsequent proper, disposal as
hazardous wastes.
After a container, such as a paint can, was emptied, the container was placed in a
roll -off to be properly disposed of as a solid waste. To prevent any residual leakage
from or damage to the roll -off, Laidlaw lined the roll -off prior to the commencement
of the event with a seamless polyethylene liner and placed a layer of solid absorbent
material, such as "speedi-dry" on the bottom of the inside of the liner. At the end of
the collection event, the roll -off was covered with polyethylene sheeting to prevent
the infiltration of rainwater into the liner. Wooden palettes were then placed on top of
the roll -off to secure the polyethylene cover.
Laidlaw Environmental Services (North East), Inc.
221 Sutton Street North Andover, Massachusetts 01845 Phone 508.683.1002 Fax 508.683.2050
Laidlaw would like to emphasize that all its practices at this collection event conformed
both to industry standards and all applicable bylaws, statutes and regulations. Should
you have any further question or comments, please contact me at the letterhead
address or by telephone at (508) 683-1002.
Sincerely,
Brenda Murphy
Household hazardous Waste Specialist
Karl Ctemmey
May 12, 1997
Mr. Scott Liete, Health Agent
Town of Mansfield
Board of Health
6 Park Row
Mansfield, Ma. 02048
Mr. Liete: Re: Household Hazardous Waste Collection Day
I am placing your department on notice that a flagarant violation of federal, state and local
health codes occured on Saturday, May 3, 1997, at the annual Household Hazardous Waste
CollectionDay which was held in the parking lot of the Great Woods Center for the
Performing Arts on South Main Street in Mansfield.
As you can see from the enclosed pictures, the batteries were stored in an open flat bed
trailer on Saturday and Sunday and remained there until Monday when they were picked
up. On Saturday night it rained. This open trailer was tilted toward the rear, with no
plastic liner to stop the flow of contaminants, allowing the battery acid to mix with the rain
water and spill onto the ground unchecked. There was also an open dumpster containing
paint thinner and other hazardous materials exposed to the elements. This is a violation of
MGL Ch. 21, Sec. 27 and 314 CMR 12.00.
As you may know, the drainage from Great Woods parking lot (where you hold this
hazardous materials day) travels through a series of swails, onto my property and then into
the Rumford River. I have asked the town for three years to move this event to a safer
site. I do not believe that you realize how much of a liability risk the town assumes each
time they hold this event at Great Woods. Once any of these hazardous materials,
traveling through the detention system and onto my property, reaches the Rumford River,
the resulting damage to the environment will be incalculable.
This is my last attempt to resolve this issue on a local level. My next step is to request
assistance from the state and federal authorities.
Aw tin your re ponse.
rl Clemmey
cc: Board of Selectmen
Richard Boucher, Acting Town Manager
John Drew, Time Trust
Great Woods Center for the Performing Arts
Department of Environmental Protection
390 West Street P.O. Box 75 Mansfield, Ma. 02048 (508) 339-6316 FAX (508) 339-6600
fax
town of mansfield
6 park row
02048
to: - a.l(AVIDI
from: Scott Leite, Health Agent
Town of Mansfield
6 Park Row
Mansfield, MA 02048
number of pages (including cover):
message:
phone 508.261.7366 fax 508.261.7343
JUN 16 '97 13:56 530 P02
314 CNfR. Dri7SIDN OF WATER POLLI.-TION CONTROL
314 C\IR 12,00. OPERATION AIND MAJN-TEN,',NCE A.W PRETREATMENT STANDARDS
FOR WASTEWATER TRLATMEN7 WORKS AND INDIRECT DISCHARGERS
Section
12.01: Purpose
12.02: Definitions
12.03: Operation of Treatment Works
12.04: Maintenance of Treatment Works
12.05; Safety Program
12.06, Sampling and Analysis ,
12.07: Recordkeeping and Reporting
12.08: Prohibitions and Standards for Discharges to POTWs
12.09: POTW Pretreatment Programs
12.10! Exemptions
j?.01 Pumnm
The Department acting under the authority of M.G.L. c. 21, 27(9), 27(12) and 34 hereby
adopts and establishes 314 CMR )2.00 to insure proper operation and maintenance of
wastewater treatment facilities and sewer systems within the Commonwealth.
1?,02•. Defnitinnt
When used in 314 CM 12.00 the following words and phrases shall have the following
meawngs:
ILY=- • the intentional diversion of wastes from any portion of a treatment works-
(, d or Prerrratmant Sta�da d - any regulation containing pollutant
discharge limits promulgated by the EPAtn accordance with PL 92-500, § 307(b) and (c), which
applies to Industrial Users. This term includes prohibitive discharge limits established pursuant
314 CMR 12.08(1) and (2).
any intermittent overflow, bypass or other discharge from
a municipal combined sewer system which results from a flow in excess of the dry weather
carrying capacity of the system.
Combin cAWALSY=q- a sewer system which by design conveys both wastewaters and storm
water runoff.
I2ap0ittIIQttt - the Massachusetts Department of Environmental Protection
Wise argeor QischRrgCefPnll arc-anyaddition of any pollutant or combination ofpollutants
to waters of the Commonwealth from any source, including but not limited to, discharges from
surface runoff which is collected or channelled by man; discharges through pipes, sewers, or
Other conveyances owned by a State, municipality, or other person which do not lead to a POTW
and discharges through pipes, sewers, or other conveyances, leading into privately owned
treatment works. This term does not include so addition of pollutants by any indirect discharger.
ESineat - a discharge of pollutants into the environment, whether or not treated
91149 it Lim�jpq t unit - any requirement, restriction, or standard imposed by the
Department on quantities, discharge rates, and concentrations of pollutants which are discharged
from point sources into waters of the Commonwealth or to publicly owned treatment works.
ruvuonmea}ai rrotecnotLp,�ev or EPA - the United States Environmental Protection
C Agency.
Federal Act - the Clean Water Act, P1. 92-500, as amended by P.L. 95 17 and P.L. 95.576,
33 U.S.C. 1251 erseq.
G eVly
2 /•_2/47 " " " �� 314 CMR - 25;
L
� 0F UAcl �A-t- C.(,�� )
7UN 15 '97 13:57
530 P03
3t4C*%iR DIVISION OF WATLR POLLUTION CONTROL
1202:.continued
Hazardous W,asca • a hazardous waste as defined in the Massachusetts liazardous Waste
Regulations, 310 CNIR 30.000.
lukeecLDis6arg - the introduction of pollutants into a POTW from any non -domestic source
regulated under PL 92.500, § 307(b), (c) or (d).
lailiauial user nr 1 tear - a source of indirect discharge.
Industrial Waste - anv liquid, gaseous, or solid waste substance or a combination thereof
resulting from any process of industry, manufacturing, trade, or business or from the
development or recovery of any natural resources.
lntnlfere c - an inhibition or disruption of the POTW, its treatment processes or operations, or
its sludge processes, use or disposal which is a cause Of or significantly contributes to either a
violation of any requirement of the POTWes permit (including an increase in the magnitude or
duration Of a violation) or to the prevention of sewage sludge use or disposal by the POTW in
accordance with applicable Federal, $Tate or local statutes and regulations or permits issued
thereunder. An industrial user significantly contributes to such a permit violation or prevention
of sludge use or disposal in accordance with applicable requirements whenever such user
(a) discharges a daily pollutant loading in excess of that allowed by contract with the
POTW or by Federal, State or local law;
(b) discharges wastewater which substantially differs in nature or constituents from the
user's average discharge; or
(c) knows or has reason to know that its discharge, alone or in conjunction with discharges
from other sources, would result in a POTW permit violation or prevent sewage sludge use
or disposal in accordance with the applicable requirements as they apply to the POTW's
selected method of sludge management.
Massachusetts Watrr fh al'f,,,T,,,,Standard. - the Massachusetts Surface Water Quality Standards
(314 CMR 4.00) and the Massachusetts Ground Water Quality Standards (314 CMR 6,00).
New ^puree - any building, structure, facility, or installation from which there is or may be a
discharge, the construction of which commenced:
(a) After promulgation of pretreatment standards under the Clean Water Act, P.L. 92.$00,
307(c) as amended by P.L. 95-217 and P.L. 95-576, 33 U.S.C. 1251 or seq, which are
applicable to such source; or
(b) After proposal of pretreatment standards in accordance with PL 92-500, § 307(c) which
are applicable to such source, but only if the standards are promulgated in accordance with
PL 92.500, § 307(c) within 120 days of their proposal.
Pass Through -the discharge of pollutants through the POTW into waters of the Commonwealth
in quantities or concentrations which are a cause of or significantly contribute to a violation of
any requirement of the POTW's permit (including an increase in the magnitude or duration of
a violation), An industrial user significantly contributes to such permit violation where it:
(a) Discharges a daily pollutant loading in excess of that allowed by contract with the
POTW or by Federal, State or local law;
(b) Discharges wastewater which substantially differs in nature and constituents from the
user's average discharge;
(c) Knows or has reason to know that its discharge, alone grin conjunction with discharges
from other sources would result in a permit violation; or
(d) Knows or has reason to know that the POTW is, for any reason, violating its final
effluent limitations in its permit and that such industrial user discharge either alone or in I
conjunction with discharges from other sources, increases the magnitude or duration of the
POTW violations.
i
12/27/96 314 CMR - 234