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HomeMy WebLinkAbout539 & 545 Higgins Crowell Rd Hazardous Materials Inspector Memo Updated Received 09.17.25TO: FROM: SUBJECT: ORIGINAL DATE: September 15,2025 UPDATED: September 17,2025 ATTACHMENT: TOWNOFYARMOUTH tsOARD OF HEALTH I I46 ROUTE 28. SOUTH Y,AR\.IOUTH, MASSACHUSETTS 02664.2445I HEALTH DIVISIONTelephone (508) 398-2231, ext. l24l Fax (508) 760-3472 IRECEIVED sEP 1 7 2025 YARII(XJTH ARD OF APPEAS Carl E. Lawson, Jr., Hazardous Materials lnspector Ct- Zoning Board of Appeals Petition Number 5192 Stewart Painting Proposed Relocation From: 68 Mercantile Way, Suite 1 Mashpee, MA 02649 To: 539 Higgins Crowell Rd., West Yarmouth, MA 02673 Photos of Secondary Containment for Hazardous Materials (taken by Hazardous Materials lnspector during a visit to the Mashpee location of Stewart Painting on 8-T -2025) Baekground Slewart Painting was founded in Bamstable in '1984 by Sheldon Stewa(, the current company president. The business offers interior and exterior painting, power washing, and carpentry services to residential and commercial customers. Proposal Stewart Painting was formerly located at 379 Route 28 / lyannough Rd. in Hyannis. A fire at this multiple unit commercial building on March 12,2025, required Stewart Painting to temporarily relocate to 68 Mercantile Way, Suite 1 in Mashpee. Stewart Painting proposes purchasing the commercial property at 539 Higgins Crowell Rd., West Yarmouth, (presently the site of Ford Diamond Etectric Suppty) and permanently locating the business at this site. The location is within the Aquifer Protection District (APD) for th€ Town's drinking water supply. The size and type of operation will not change with the proposed new location. MEMORANDUM Zoning Board of Appeals (ZBA) I Requlatorv ttems Zonino Stewart Painting is required to apply for zoning relief with the Zoning Board of Appeals (ZBA) for toxic and hazardous materials storage of more than normal household quantities, within the APD as outlined in Yarmouth Zoning Bylaw Section 406.5.'1.1 (3). Normal household quantities are twenty gallons total for an operation. Board of Health (BOH): The Board of Health Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990, applies to the proposal from Stewart Painting with annual licensure required as the planned quantity of materials is greater than the licensing threshold of len gallons. lnspection of Presenl location in Mashpee Stewart Painting Production Manager, Todd Piknick, assisted me with an inspection of the company's present location in Mashpee on August 7,2025.1 found the business in good oder. Secondary containment volume for their S5-gallon drums of materials was not in compliance with Yarmouth regulation, yet both Mr. Piknick and Mr. Stewart have stated they are willing and able to achieve compliance with all Yarmouth regulations and conditions. Toxic and Hazardous Materials Deliverv Toxic and hazardous materials including paint, stain, bleach, cleaners, and solvent will be delivered to the site by truck transportation, or in some instances involving smaller containers, brought onsite by staff. Deliveries occur during normal business hours and are immediately brought inside the building. Containers of new materials are delivered in various containers sizes as listed below. Paint and stain are purchased in containers up to five gallons in size, but usually one gallon in size. Paint containers are caried by hand into the building. The paint may be delivered to the business or brought onsite by staff. Poolgrade bleach is delivered in shrink-wrapped, wooden pallets of 32 five-gallon containers each for a total of 160 gallons per pallet. These pallets of bleach are offloaded from the delivery truck by the driver who lowers the wooden pallets from the truck to the ground using the truck laft gate. A pallet jack is then used lo move the wooden pallets inside the building. Simple Green All Purpose Cleaner is purchased in ss-gallon drums. One drum is purchased at a time. The drums are offloaded from the delivery kuck by the driver using the truck lift gate and then brought inside the building using a hand truck. 2 Jomax House Washing Solution is purchased in cases of 4 one-gallon containers which are canied by hand into the building. Solvent is purchased in container sizes of one guart or less and canied by hand into the building. Most paint and stain used by Stewart painting is latex, which is water soluble. Since little oil-based paint is used, very small quantities of solvent are used. All toxic and hazardous materials will be stored inside the building and within secondary containment that complies with Yarmouth regulation of 150% volume secondary containment. There are several means by which secondary containment can be achieved for toxic and hazardous materials. An IBC (lntermediate Bulk Container) Spill Containment Pallet is a sturdy, raised plastic deck with secondary conlainment beneath. These units are designed to capture and contain liquid material in the event of release from containers stored on the IBC Spill Containment Pallet deck. ln the event of a release of liquid material, the liquid will flow through and/or around the deck and into the containment area below. Standard (non-lBO) Spill Containment Pallets have a typical deck height of about six to ten inches, whereas an IBC Spill Containment Pallet has a deck height of about thirty inches. Standard Spill Containment Pallets also have much less sump (liquid) capacity than IBC Spill Containment Pallets, but the lower deck height facilitates easier loading and unloading. A standard Spill Containment Pallet presently in use by Stewart Painting has an optional ramp which allows drums to be placed on the spill control pallet using a hand truck. New Materials At their present location, Stewart Painting uses two IBC (lntermediate Bulk Container) Spill Containment Pallets for containing five-gallon containers of pool grade bleach. The five-gallon containers of bleach are manually loaded by staff onto two IBC Spill Containment Pallets. Each IBC Spill Containment Pallet has 385 gallons of liquid sump capacity and presently stores up to "160 gallons of pool grade bleach. Therefore, this anangement complies with and exceeds the 1507o secondary containment requirement. 385 gallons of IBC Spill Containmenl Pallet sump capacity /160 gallons of liquid chlorine stored = 240o/o volume secondary containment. Oil-based paints, oil-based slains, and solvents will be stored inside flammables cabinets with secondary containment prcvisions. Options under consideration by St€wart Painting are a concrete secondary containment area or a spill control pallet. Flammables cabinets usually contain some sump capacity which will be evaluated by the Health Dept. with respect to the volume of material stored. This volume is variable, but low. The S5-gallon drum of Simple Green All Purpose Cleaner will be storod within a "Poly Dolly," which is a sturdy plastic transport hand truck with integral sump capacity. 3 Toxlc and Hazardous Materials Storaoe House washing solution, latex paint and any other small miscellaneous items will be stored in plastic secondary containment totes. Stewart Painting employs two waste streams as listed below. A mix of oil paint, latex paint and wast€ solvent is stored in a ss€allon drum. Waste painl results from mistakenly tinted paint or left over colors. These waste paints are donated whenever possible, but sometimes disposal is required. When a drum is full, a new emply drum is utilized. Wastewator that accumulates from the cleaning of paint brushes, and paint sprayers are also stored in two S5gallon drums. When one drum is full, a new empty drum is utilized. Once there is one full drum of waste painusolvenl or two full drums of wastewater, removal service by Clean Harbors, a licensed hazardous waste hauler, is requested. All S5-gallons drums are presently stored on a spill control pallet, but the containment volume is not in compliance with Yarmouth regulatory requirements. Therefore, the 55- gallon drum of Simple Green Cleaner will be stored on a "Poly Doly" as mentioned previously. The three drums of waste material (one drum holding the mixture of oil paint, latex paint and waste solvent and two drums holding wastewater) will each be placed on a separate, polyethylene, sixdrum, 88-gallon sump capacity, 10,000-pound load capacity, spill control deck. A spill control pallet and a spill control deck are the same. The six-drum designation refers to the number of drums that can be placed on the spill deck, yet doing so would not comply with Yarmouth regulation for secondary containment volume. Therefore, only placing one drum (55 gallons in size) on each six- drum deck (with 88 gallons of sump capacity) will more than satisry the regulatory requirement. Mr. Stewart confirmed his new building has the floor space to accommodate this anangement and has selected his spill deck supplier. The use of toxic or hazardous materials will be only by present or future stafi of Stewart Painting. Materials are used at the job sites of residential and commercial buildings and within the shop of the present and future business location. Within the shop, employees paint items such as shutters. Paint brushes are cleaned of latex paint by agitating the brushes across a serios of three successive plastic pails, each filled halfi/vay with water. With treatment in each successive pail the brushes become cleaner. The water is reused in the same mannel until it is fouled to the point of not being an efiective cleaning agent. The wastewat€r is then transfened to the wastewater drum for disposal. 4 Waste Materials Toxic and Hazardous Materials Use Paint brushes are cleaned of oil paint using solvent with the waste solvent completely retained and deposited in the waste oil paint i latex paint / solvent drum for disposal. This process is infrequent because oil paint is seldom used. Paint rollers are not cleaned; they are instead disposed of in the general trash once they are dry. Paint sprayers are cleaned of latex paint by cycling a finite amount of water through them in a closed loop fashion. The wastewater is stored as stated previously. Paint Sprayers are cleaned of oil-based paint by cycling solvent through them with the waste solvent stored as stated previously. The cleaning of equipment at job sites is completed in the same manner as the cleaning completed in the shop. All wastewater and waste solvent generated at job sites are containerized and brought back to the shop for storage in the appropriate waste drum. Stewart Painting uses Clean Harbors, a licensed hazardous waste hauler to remove their drums of waste oil paint / latex paint / solvent mix and the drums of wastewater. Presently Clean Harbors removes the waste drums by setting each on a hand truck (one at a time), moving them off the present spill deck and oulside where they are lifted and secured inside a Clean Harbors service truck using the truck lift gate. The same removal procedure will continue with the new spill decks in place. Environmental Safequards 1 ) All toxic or hazardous materials proposed to be onsite will have secondary containment, as described previously. 2) An Emergency Spill Response Plan has been developed and was submitted for BOH review. Other Stewart Painting company vehicles have a vehicle maintenance service named Lube on Location complete oil changes al their business site and plan to continue. Health Deot rem€nts Yarmouth Heahh Regulation qlg the foltowing regarding toxic or hazardous materials handling and storage, which applies to the proposal by Stewart Painting. 1) The business must register annually for a Yarmouth Board of Health Handling and Storage of Toxic or Hazardous Materials License. 5 2) No materials may be discharged to the environment. Toxic and Hazardous Materials Disposal 3) No outdoor storage of materials is allowed. 4) All materials must be protected from vandalism. 5) All materials must be stored inside secondary containment ot 15Oo/o volume of the total amount of materials stored. 6) Containers of materials must be stored in such a manner to facilitate visual inspection of each container. 7) Any waste material must be properly disposed of by a licensed hazardous waste hauler. 8) Absorbent material must be kept onsite for use in the event of spills. 9) Safety Data Sheets (SDS) for each toxic or hazardous material must be maintained onsite and be readily available. 1) The maximum allowed total combined storage of toxic and hazardous materials is 800 gallons. 2) A detailed mat€rial spill containment plan must be conspicuously posted at all times, and all employees must be familiar with the plan. 3) A sufficient supply of inert absorbent must be maintained onsite for use in the event of a spill. 4) No vehicle washing or repair is allowed onsite other than the vehicle oil changes provided by their service vendor. The Board of Health and Health Oepartment respectfully reguest that if this proposal is approved by the ZBA, the preceding four (4) conditions please be included in any ZBA Decision. Furthermore, if the proposal is allowed by the ZBA, these items will be included as conditions of the annual Board of Health license for Stewart Painting. 0 BOH Hearlno and Llcense Condltlon Recommendations Mr. Sheldon Stewart, owner of Stewart Painting, presented his proposal to the BOH at their meeting on August 18, 2025. After discussion, the BOH approved recommending the proposal of Stewart Painting to the ZBA by a unanimous vote with four members present and voting. This recommendation is based on the ability of the business to comply with the Town of Yannouth Board of Health Regulation: "Handling and Storage of Toxic or Hazardous Materials' and based on the following four (4) 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. Stewart Painting 68 Mercantile Way, Suite 1, Mashpee, MA 02649 8-7-2025 Fivegallon containers of pool-grade bleach with secondary containment provided by an IBC (lntermediate Bulk Container) Spill Containmenl Pallet. This anangement of secondary containment with a 38S-gallon sump (liquid) capacity and 160 gallons of storage of liquid chlorine exceeds the requirement of Yarmouth Board of Health Regulation. Four S5-gallon drums placed on a standard spill control pallet. This storage anangement does not have th€ secondary containmenl capacity required by Yarmouth Board of Health Regulation. Stewart Painting has selected a larger secondary containment arrangement for their Yarmouth location that will comply with Yarmouth Board of Health Regulation. Z ZH.rl n n t-L nrl l:'_] -t \ rf,t**l'l ri -a -p--'-r I, \ /