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HomeMy WebLinkAbout5094 24 Easy St Health Dept Memo 02.29.24TOWN OF YARMOUTH 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Telephone (508) 398-2231 ext. 1240, Fax (508) 760-3472 BOARD OF HEALTH MEMORANDUM TO: Zoning Board of Appeals (ZBA) FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector C L SUBJECT: ZBA Petition Number 5094 Hearing Date March 14, 2024 Breakwater Pools Proposed Occupancy of 24 A-3 Easy St., Yarmouth Port DATE: February 28, 2024 Background Breakwater Pools is a swimming pool maintenance and repair company founded by Mr. Kevin Wright in 2020. Mr. Wright has worked in the swimming pool industry for 28 years. Proposal from Breakwater Pools Breakwater Pools proposes to occupy an industrial bay in a newly constructed building at 24 Easy St. in Yarmouth Port. The specific unit, 24 A-3 Easy St., is one of three units in the building referred to as 24A Easy St. The property also contains a second building designated as 24B Easy St. which is not related to this proposal. This location is within the Town Aquifer Protection District (APD) for the public drinking water supply. Breakwater Pools proposes to occupy the unit for the purpose of storage for hardware and chemicals related to swimming pool service. Mr. Wright provided a detailed list of all the pool chemicals proposed including the maximum quantities that might be stored. Included are both dry and liquid items with details listed. Dry materials Salt: 40 Ib. bags X 63 bags per pallet X 2 pallets;-- 5040 lbs. Alkalinity 1 Sodium Bicarbonate: 50 lb. bags X 20 bags = 1000 lbs. Calcium: 50 lb. bags X 20 bags = 1000 lbs. Total dry materials = 7040 lbs. Li uid materials Liquid Chlorine: 1-gallon jugs X 4 cases X 20 cases = 80 gallons This figure is doubled to allow for an overlap of deliveries of 80 gallons each. Total liquid materials = 160 gallons After verifying with Mr. Wright that his maximum proposed quantities will allow him to conduct business and receive orders of new materials without exceedances, the upper limits were set. I recommended Mr. Wright round up his figure of 7040 pounds of dry materials to 7500 pounds for simplification. Concerning liquid materials, Mr. Wright stated a 160-gallon limit is sufficient. Therefore, the proposal from Breakwater Pools is to store toxic or hazardous materials in more than normal household quantities within the APD, as outlined in Yarmouth Zoning Bylaw Section 406.5.1.1 (3) with an upper limit of 160 gallons of liquid materials and 7500 pounds of dry materials. Regulatory Items Zoning Breakwater Pools will pursue zoning relief with the Zoning Board of Appeals (ZBA) including toxic and hazardous materials storage of more than normal household quantities within the APD. Board of Health (BOH) The Board of Health Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990, applies to Breakwater Pools with annual licensing required because the proposed quantities of materials are greater than the licensing thresholds of ten gallons liquid measure and five pounds for dry weight. Plumbing Code The building has floor drains required by Massachusetts State Plumbing Code that are connected to a holding tank system designed by a Massachusetts — Registered Professional Engineer (P.E.) in accordance with Massachusetts Department of 2 Environmental Protection (DEP) regulation, 314 CMR 18 (CMR = Code of Massachusetts Regulation). The holding tank system includes: a waterproofed 1500- gallon concrete holding tank inside a waterproofed 2500-gallon concrete holding tank which serves as secondary containment; a high-level liquid detection monitor and a leak detection monitor. Both monitors are connected to audio and visual alarms. Under normal conditions it is not expected the holding tank will receive flow. Board of Health Involvement During their meeting on February 5, 2024, the BOH held a hearing concerning this proposal from Breakwater Pools. The meeting was held to confirm that Breakwater Pools can comply with BOH regulation and to draft comments to the ZBA concerning this proposal. Please find the written recommendations from the BOH in the section titled "BOH Hearing and Recommendations" on Page 5 of this memorandum. Hazardous Materials Delivery and Unloading All dry and liquid toxic or hazardous materials will be delivered to 24 A-3 Easy St. by truck transportation and unloaded by the delivery company manually, with a pallet jack or a truck -mounted forklift. The delivery company will have an access code that will enable them to open the unit, move the delivered materials immediately inside and relock the unit. Therefore, materials can be delivered to the unit in the absence of Breakwater Pools staff and without leaving any materials unattended outside. All deliveries will occur during the day. Toxic or Hazardous Materials Storage All dry toxic or hazardous materials will be stored inside the 24 A-3 Easy St. unit on pallets on the concrete floor. All liquid toxic or hazardous materials will be stored inside the building and within a secondary containment unit, selected by Mr. Wright. The unit is a portable spill containment berm constructed of flexible polyethylene with L-shaped steel brackets supporting the sidewalls. I called the vendor's technical department and inquired about the compatibility of the construction material with liquid chlorine. The Senior Technical Product Support Specialist I spoke with checked with the manufacturer and responded to me by email that he received verbal confirmation that the "compatibility between the Berm and Chlorine at 14% will not be an issue in the event of a spill." The specified containment volume of the spill containment berm is listed as 595 gallons. That figure is far above the volume of secondary containment required by Health regulation which is 160 gallons stored X 150% secondary containment = 240 gallons. I verified the containment volume of the berm through calculations. Toxic or Hazardous Materials Use No materials are proposed to be used onsite. The materials will be stored until they are transported to job sites and applied to pools or dispensed to pool equipment. Toxic or Hazardous Materials Disposal No toxic or hazardous materials will require disposal as they are stored until they are used in their entirety at job sites. Toxic or Hazardous Materials Loading and Removal The materials will be manually loaded onto a Breakwater Pools company truck by employees for transport to job sites. Environmental Safeguards 1) All employees will be trained in spill response in accordance with the Emergency Spill Response Plan developed by Breakwater Pools, reviewed by the Health Dept. and provided to the BOH in their hearing packets. 2) The spill plan and Safety Data Sheets (SDS) will be available onsite as required by regulation. 3) Spill response materials in the form of various absorbents will be maintained onsite, labeled and their location is listed in the Emergency Spill Response Plan. 4) Personnel Protective Equipment (PPE) will be maintained onsite with their location listed in the Emergency Spill Response Plan, 5) The company has two employees, including Mr. Wright, the owner, so the number of individuals handling toxic or hazardous materials is limited. 6) No vehicle washing, fueling or repair is part of this proposal. Health Dept. Requirements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage which applies to the proposal by Breakwater Pools. 1) The business must register annually for a Yarmouth Board of Health Handling and Storage of Toxic or Hazardous Materials License. 2) No materials may be discharged to the environment. 3) No outdoor storage of toxic or hazardous materials is allowed. 4) All materials must be protected from vandalism. a] 5) Materials must be stored in covered product -tight containers. 6) All toxic or hazardous materials must be stored inside secondary containment of 150% volume of the total amount of materials stored. 7) Any waste material must be properly disposed of by a licensed hazardous waste hauler. No waste materials are anticipated from this business. 8) Safety Data Sheets (SDS) for each toxic or hazardous material must be maintained onsite and be readily available. 9) No vehicle washing is allowed onsite. 10)Spill response materials must be kept onsite. BOH Hearing and Recommendations Mr. Kevin Wright, the owner of Breakwater Pools presented his proposal to the BOH at the regular board meeting on February 5, 2024. The BOH approved recommending the proposal of Breakwater Pools to the ZBA by a unanimous vote with all five members present and voting. This recommendation is based on the ability of the business to comply with the Town of Yarmouth Board of Health Regulation: "Handling and Storage of Toxic or Hazardous Materials" and based on the following five (5) conditions listed below. These conditions are in addition to the strict scope of the regulation and are intended to provide additional protection for the APD. 1) The storage of liquid toxic or hazardous materials is limited to 160 gallons. 2) The storage of dry toxic or hazardous materials is limited to 7500 pounds. 3) A detailed material spill containment plan must be conspicuously posted at all times and all employees must be familiar with the plan. 4) No vehicle washing is allowed. 5) All deliveries of toxic or hazardous materials must occur during the day. The Board of Health and Health Department respectfully request that if this proposal is approved by the ZBA, the preceding five (5) conditions please be included in any ZBA Decision. Furthermore, if allowed by the ZBA these items will be included as conditions of the annual Board of Health license.