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HomeMy WebLinkAbout20 Old Hyannis Rd Hazardous Materials Inspector Memo Received 09.29.25TO: FROM: TOWN OF Y'ARMOUTH BOARDHEALTOF 1 146 ROUTF 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 HEALTH Tcicphone (508) 398-2231, ext. 1241 DIVISION Fax (508) 760-3472 RECEIVED SEP 2 9 2025 MEMORANDUM YAP -MOUTH BOAPM OF APPEALS Zoning Board of Appeals Carl E. Lawson, Jr., Hazardous Materials Inspector C L SUBJECT. Zoning Board of Appeals Petition Number 5197 New Verizon Wireless Facility 20 Old Hyannis Rd., Yarmouth Port and Request to store toxic or hazardous materials in amounts greater than those commonly associated with normal household use as referenced in Yarmouth Zoning Bylaw Section 406.5.1.1 (3). DATE: August 6, 2025 ATTACHMENT: Board of Health, Handling and Storage of Toxic or Hazardous Materials Registration Form Completed by Verizon Wireless and Received by the Health Dept. on June 26, 2025 Background Verizon is an international telecommunications company providing a variety of communication and information services, including, but not limited to, wireless communications service. Proposal Verizon has a lease agreement with the Town of Yarmouth, signed in June of 2024, to install wireless communications equipment, including, but not limited to, antennas, structural supports, cabling, equipment cabinets, a diesel generator including a double - walled fuel tank, auxiliary power batteries, and a concrete pad, at the site of a Town water supply tank site located at 20 Old Hyannis Rd. in Yarmouth Port. The location is within the Aquifer Protection District (APD) for the Town's public drinking water supply. Verizon proposes installing auxiliary power sources to maintain area wireless communication service in the event of an electric utility power failure. The initial auxiliary power source that will activate is a battery array, which will power wireless communications in the short term. In the event of a longer -term power failure, the second auxiliary power source, a diesel generator, will provide power. Both auxiliary power sources contain toxic or hazardous materials. The battery array contains a liquid electrolyte solution. The diesel generator has a fuel tank containing diesel fuel and an engine containing oil and antifreeze with a starter battery containing liquid electrolyte. Since October of 2024, the Building Commissioner and I have acquired knowledge of the details of the Verizon proposal through extensive communication with the representatives of the following agencies. 1) Verizon legal counsel, Robinson + Cole, Boston MA 2) Structure Consulting Group, Canton MA 3) Energy Systems, Marlborough, MA (the generator dealer) 4) United Alloy, Janesville, WI (the generator fuel tank manufacturer) Regulatory Items Permit Issued by the Building Dept. A permit has been issued by the Building Dept. for the following work as described within the Brief Description of Proposed Work field on the building permit application: `Install Verizon Wireless equipment and antennas at existing water tank / wireless communication facility as per attached plans. Generator shown on plans not part of this permit." Zoning Verizon has applied 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). Board of Health: The Board of Health Regulation "Handling and Storage of Toxic or Hazardous Materials," effective May 2, 1990, applies to the proposal from Verizon, as the planned quantity of materials is greater than the licensing threshold of 10 gallons. Board of Health Registration Verizon Wireless registered with the Board of Health when their Board of Health, Handling and Storage of Toxic or Hazardous Materials Registration Form was received in print form by the Health Dept. on June 26, 2025. The registration form is complete and attached for your reference. Other Information The site will not be continuously occupied although it will receive regular visits from technical service personnel and a diesel fuel delivery service. The most frequent site visit interval is monthly visual inspections by a service technician. 2 Toxic and Hazardous Materials Delivery Toxic and hazardous materials consisting of diesel fuel for the generator, engine fluids for the generator and batteries will be delivered to the site during or following construction of the wireless communications facility. Following construction and activation of the facility, diesel fuel will be delivered an estimated once per year, but potentially more often if the generator is operated beyond regular weekly exercise to provide power during outages. Replacement generator engine oil, antifreeze, starter batteries, and auxiliary power batteries will be brought onsite by service technicians as they are needed to replace spent fluids or components. Toxic and Hazardous Materials Storaoe Toxic and Hazardous Materials present onsite will only be those in use and within the generator, diesel fuel tank and battery cabinet. There will be no toxic or hazardous materials present onsite within any other storage containers except for those brought onsite by service technicians and remaining onsite only during servicing of the onsite stationary equipment. The generator will be mounted (bolted) on top of a double -walled, steel fuel tank with a 300-gallon capacity that will hold diesel fuel. The steel fuel tank will be mounted on a 10-inch-thick concrete pad. Secondary containment of the diesel fuel is provided by the double walls of the tank. The generator will contain 14.4 quarts of engine oil, 4.5 gallons of engine antifreeze and use a starter battery that contains approximately 0.5 gallons of liquid electrolyte in the form of sulfuric acid. The generator will also contain some small amount of diesel fuel. Secondary containment of these fluids will be provided by the design of the fuel tank on which the generator is mounted. The top of the fuel tank has a continuous, raised, steel edge which forms a containment area for the fluids within the generator mounted above. The fluids listed above collectively total 34.4 quarts or approximately 8.6 gallons. The secondary containment area on the top of the fuel tank has a capacity of approximately 29 gallons, which far exceeds the BOH Regulation secondary containment volume requirement of 150%. The auxiliary power batteries that will power the wireless communications equipment (as opposed to the generator stater battery mentioned previously) will collectively contain 17.80 gallons of liquid electrolyte in the form of potassium hydroxide. The battery cabinet in which the auxiliary power batteries will be placed provides 26.7 gallons of secondary containment. 26.7 gallons of secondary containment 1 17.80 gallons of electrolyte = 1.5 3 1.5 X 100 = 150% volume secondary containment which in is compliance with BOH Regulation. The proposed generator model does not have a gear box. Diesel Exhaust Fluid (DEF) will not be used. The total liquid volume of toxic or hazardous materials proposed to be onsite is calculated as follows: Diesel fuel 300 gallons Generator engine oil 3.6 gallons (14.4 quarts) Generator Engine antifreeze 4.5 gallons Generator starter battery electrolyte 0.5 gallons Auxiliary battery electrolyte 17.8 gallons Total 326.4 gallons Toxic and Hazardous Materials Use The use of materials is only for the operation of the generator and auxiliary battery array. Toxic and Hazardous Materials Disposal All toxic or hazardous waste material resulting from onsite equipment repair and maintenance will be immediately removed by the service technician(s) upon the completion of work and not left unattended. These materials will be properly disposed of in accordance with applicable regulations. Generator engine oil in the amount of 14.4 quarts will be changed with the waste oil removed and new oil added. The predicted frequency of this service is every 250 hours of generator run time or annually, whichever comes first. Generator engine oil filters will be replaced with each engine oil change. Generator engine antifreeze in the amount of 4.5 gallons will be replaced every two years. Engine fuel filters will be replaced annually. The generator starter battery will be replaced once every three years. The auxiliary power batteries are expected to be replaced about every ten years. Other Operations Involving Toxic or Hazardous Materials Fuel polishing is a method by which water, sediment and microbial contamination is removed from fuel. The need for fuel polishing is determined by fuel sample testing. 4 Fuel polishing is accomplished with the use of specialized equipment. The process involves pumping the diesel fuel from the lowest point of the tank, where contaminants tend to rest, circulating the diesel though a series of filters and separators that remove contaminants, and returning the diesel to the fuel surface inside the tank. The removal of untreated fuel from the tank, and the return of treated fuel to the tank, occur simultaneously so the entire volume of diesel in the tank is not completely removed at once and reinserted. Instead, only a fraction of the diesel fuel is removed from the tank at any one time. Fuel polishing is used to maintain fuel quality for applications in which the fuel is seldom used and replenished, as if often the case with auxiliary generators. Verizon plans to have the diesel fuel for the generator polished when fuel testing indicates such is needed. Environmental Safeguards 1) All toxic or hazardous materials proposed to be onsite will have secondary containment, as described previously. 2) The accidental release of diesel fuel from the generator fuel tank inner wall to the space between the inner and outer walls, known as the interstitial space, will activate an immediate notification to the Verizon Wireless network alarm center for emergency response, which is continuously available. The released fuel will be recovered from the interstitial tank space by attaching reclamation equipment to a port, built into the outer wall of the tank. 3) The accidental release of generator engine oil, generator engine antifreeze and/or generator starter battery electrolyte from the generator to the containment area immediately beneath the generator and on top of the fuel tank will also activate an immediate notification to the Verizon Wireless network alarm center for emergency response, which is continuously available. These released substances will be recovered by attaching reclamation equipment to a separate port from the one referenced above, that is built into the upper portion of the tank. 4) The monitoring systems that are mentioned above will transmit hazardous material release notifications to the Verizon Wireless network alarm center by a fiber optic communication line to be installed onsite. 5) According to the generator and tank dealer, the fuel fill has a "cam and groove system that requires the refueler to have a positive attachment from the fill hose to fuel fill -this is not a standard fuel station pump handle that is easily overfilled." 6) The fuel fill port on the fuel tank has an overfill valve that stops fuel flow when the tank reaches 95% of its capacity. 7) The fuel fill port on the fuel tank is surrounded by a fuel fill containment bucket, that will catch an overfill of fuel in the event of a failure of the overfill valve mentioned above. The fuel fill containment bucket allows any captured fuel to drain back into the tank. 8) Diesel fuel delivery, generator maintenance and repair, and diesel fuel polishing will all occur under the continuous supervision of the trained personnel providing the services. 9) Toxic or hazardous waste generated by or removed from equipment will be removed from the site immediately after servicing and will not be left unattended. 1 a) Service personnel will carry personal protective equipment (PPE) and spill response materials for use if needed. 11) An Emergency Spill Response Plan has been developed and will be provided to all service technicians. The plan includes notification numbers for local and State authorities and the licensed hazardous waste hauler chosen by Verizon. 12) Bollards, vertical structures designed to protect infrastructure from vehicle strikes, will be placed to protect the generator fuel tank. Health Dept. Requirements Yarmouth Health Regulation requires the following regarding toxic or hazardous materials handling and storage, which applies to the proposal by Verizon. 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 materials is allowed. All toxic and hazardous materials will be within the fuel tank, generator or auxiliary battery cabinet, all of which are designed for outdoor use. 4) All materials must be protected from vandalism. All telecommunications equipment containing toxic or hazardous will be surrounded by a 6-foot-tall, locked, stockade fence. Additionally, traffic bollards will protect the generator from intentional vandalism in the form of vehicle strikes. 5) All materials must be stored inside secondary containment of 150% 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. The Verizon plan with Sheet Title: Construction Details and Sheet Number A-4, shows spatial arrangement of (1) the generator with the fuel tank (2) the battery cabinet, and other equipment indicating clear sight lines should be available to view the exterior of the generator, generator fuel tank, and battery cabinet. IZ- 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. Spill response kits containing absorbent materials will not be stored onsite because the facility is not staffed. However, spill response kits containing absorbent materials will be brought onsite in the vehicles of service technicians and the fuel delivery service. 9) Safety Data Sheets (SDS) for each toxic or hazardous material must be maintained onsite and be readily available. Safety Data Sheets (SDS) for each toxic or hazardous material will not be stored onsite because the facility is not staffed and will not have an office or any building in which to store SDS. SIDS will, however, be available to service and fuel delivery personnel when they are working onsite. BOH Hearing and Recommendations Mr. Timothy Twardowski, Attorney for Verizon Wireless, presented the proposal to the BOH at the regular board meeting on July 7, 2025. After discussion, the BOH approved recommending the proposal of Verizon Wireless 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 Yarmouth Board of Health Regulation: "Handling and Storage of Toxic or Hazardous Materials" and based on the following six (6) 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 maximum allowed total combined storage volume of toxic and hazardous materials is 400 gallons. 2) The Emergency Spill Response Plan submitted by Verizon Wireless to the Board of Health must be immediately available, in either electronic or print form, to all service and fuel delivery personnel while they are onsite and they must be familiar with the plan. 3) Safety Data Sheets (SDS) for applicable materials must be immediately available, in either print or electronic form, to all service and fuel delivery personnel while they are onsite. 4) Spill response materials must be immediately available to all service and fuel delivery personnel while they are onsite. 5) Toxic or hazardous waste generated or removed from equipment must be removed from the site for proper disposal immediately after servicing and never left unattended. 6) Bollards, vertical structures designed to protect infrastructure from vehicle strikes, must be installed and maintained in such a manner to protect the generator fuel tank. The Board of Health and Health Department respectfully request that if this proposal is approved by the ZBA, the preceding six (6) 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. 8 TOWN OF YARMOUTH 1146 ROUTE 28. SOUTH YARMOUTH. MASSACHUSETCS 02664.4451 Telephone (508) 398.2231 ext. 1240, Fe: (SOS) BOARD OF HEALTH HANDLING AND STORAGE OF TOXIC OR HAZARDOUS MA REGISTRATION FORM [j E F-4 VIE lj JUN' 2 6 2025 HEALTH DEPT. The first sIgg for ro o ed new business is to check with the Building Department for a zoning determination. P_ lead rovide the ( flowing on a seoarate sheets) of. frargr. 1) Written description of business to include: a) Business owner's name, address, phone number Cellco Partnership dlbla/ Verizon Wireless with legal address and principal place of business at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920124-hour Hotline 000-386-9639 or 800-264-6620 b) Name of business - Cellco Partnership dlblal Verizon Wireless c) Business operation (including statement on vehicle repair, vehicle washing, vehicle fuelling, and storage of any other bulk materials whether or not they are toxic or hazardous such as compost or fertilizer) - Wireless antenna installation on the existing municipal water tank, Including associated cabling and ground equipment cabinets with battery backup. d) Hours of operation - 2417. e) Number of employees - No employees on site, self-operating. The location Is visited by service technicians approximately once a month in a regular pickup truck. 2) List of all toxic and hazardous materials proposed to be used or stored in the business. Include material quantities, container sizes and tank sizes if applicable. These materials include any material that may be considered harmful to public health and the environment such as gasoline, oils, motor vehicle fluids, paints, adhesives, chemicals and other products. Backup Battery Power Source Two battery strings each containing 8.90 gallons of liquid potassium hydroxide electrolyte for a total of 17.80 gallons of battery acid. Housings are single walled, and the battery cabinet provides 26,7 gallons of secondary containment. Generator Diesel fuel: 300-gallon capacity - Integral, double -walled steel tank DEF: NIA Engine Oil:14.4 quarts Revised 1-16-2013 Gearbox Oil: NIA - sealed bearing Engine Antifreeze: 4.5 gallons Generator Starter Battery: Approximately 27.7 Ibs of lead and approximately 8.14 lbs (0.5 gallon) of sulfuric acid. Complete secondary containment for fuel is provided at 120% of the fuel tank's capacity. Secondary containment for the antifreeze, engine oil, and small fuel spills from the engine is provided by a top -of -fuel -tank containment pan that is designed to capture any fluid released from the generator above and has an approximately 29-gallon containment capacity. The top -of -fuel -tank containment pan consists of the top steel surface of the fuel tank and the four steel sides of the fuel tank, which extend 2.5 inches above the top. The containment area measures 2.5" high x 76.91" Jong x 35.67" wide. 3) If fiammabtes storage tanks are proposed plans are required. Please see the separate document: Board of Health Plan Requirements for Underground Storage Tanks. See submitted fuel tank spec sheets. The fuel tank is a belly -mount tank to be mounted below the generator and within the generator footprint. The fuel tank will sit below and be bolted to the generator. 4) Material Safety Data Sheets (MSDS) for each proposed product should be available for review, but not submitted to the Board of Health unless requested. Submitted 5) Building Floor Plan No building or shelter onsite - only weatherproof equipment battery cabinet located on the concrete pad. Generac double -walled diesel generator is located on the concrete slab. Fuel tank Is within the generator's footprint. a) Include rooms clearly labeled. b) Toxic and hazardous materials storage area (150% volume capacity required). Indicate the height, length and width. c) Mark floor drain locations 6) Floor Drain Detail NIA a) Location(s) b) Number c) Structure drains are connected to (leaching, holding tank) d) Pump records (if holding tank) e) Monitoring system and high-level alarm test dates and results (for holding tank) f) Plumbing permit if floor drains have been dosed (CONTINUED ON OTHER SIDE) 7) Indicate whether Town or well water serves property. NIA 8) Indicate method(s) of solid waste disposal NIA a) Dumpster service Revised 1-16-2013 2 b) Rag Service 9) Include emergency spill containment plan/procedure with names and phone numbers of appropriate State and Town Departments such as, but not limited to: a) Massachusetts Department of Environmental Protection (DEP) 688-304-1133 b) Fire Dept. 911 for emergencies 1 Yarmouth Fire Department 508-398-2212 c) Health Dept. 508-398-2231 X 1240 d) Hazardous Waste Disposal Company Clean Harbors 800.645.8266 e) Owner of property if property is rented or leased Yarmouth Water Department 508- 771-7921 10) Hazardous Waste Removal a) Licensed Hazardous Waste Hauler - company name and address Clean Harbors 42 I-ongwater Drive Norwell, MA 02061 781-792-5000 b) Frequency of removals (number of times per month or year that waste is removed) The generator will be exercised once per week for 35 minutes. Therefore, over the course of a year it will run for 30 hours provided there are no electrical power outages. Diesel: Used onsite and replaced as required. Fuel polishing and fuel replacement of generator fuel will be determined via fuel testing. In either case, proper technician PPE (safety glasses, gloves, absorbent mats) and spill containment kits will be on hand and implemented. All materials required to perform the work will be removed from the site and disposed of in an EHS approved manor. All technicians required for the completion of the work will remain onsite for the duration of the process until final cleanup and inspections are completed. Because the site Is located within the Aquifer Protection Overlay District, refueling, fuel polishing, and/or fuel replacement activity will be done in accordance with final work processes to be reviewed with the Yarmouth Water Department to ensure that the activities meet applicable requirements. In the event of a spill, the onsite technician(s) will follow the local regulatory agency's notification procedure and notify the office of such an instant while onsite and remain onsite until released unless a safety issue arises then the technician will move to a secure area. Fuel filters: Annually with each fuel check. Metal cannister filter. Gearbox oil: NIA Engine oil: Annually or 250 hours of run time, whichever occurs first. Engine oil filters: Annually or 250 hours of run time, whichever occurs first. Engine antifreeze: every two years. Starter battery: every three years. Revised 1-16-2013 3 See below table for Generator items: IAalrtfanance ttatn - Oil and 03 Filler Gearbox pi (If E*pped) Coolant ousity Flexible Hoses Accessory drove belts Magnelk Pickup(s) mounled on gywheel housing Crank andlor Cam Pickup for ignition system Descdoon Change all and filler shortly slier start up or commissioning of the unit The recommendation is that this he done after the first 50 hours of operation or shot the Om thnM months of service Perform oil and filter changes every 260 hours (or yearly) thereafter. N an oil analysis program is used (annually), the atoeplable oil change interval can be extended to SW hours or every two years, based on the results of the enelrars Change gearbox oil every two years or 000 hour of operation- Check gearbox on level monthly or every 100 haws of operation. Check coolant arnuatly for proper thermal protection levels Drain. flush, and refill the tooting system with fresh coehant every two years regadess of operating hours. Change coolant, fuel (gaseous supply hoses from regulator to rnixer), oil, charge a_r cooling, and block heater hoses. fiex'ble joints. etc.) every two years regardless of operating hour Replace accessory drive belts every two years regardless of operating hours, N necessary, check and mpiace automatic tensiorw (if used). Remove, Bean, Inspect. and resel magnetic pickups to the correct operational output voltage every two year. Visually inspect (outside) for deanilness and lightness c) Quantities generated/removed - Back-up Power Batteries: Two strings - replaced every 10+ years, or as needed Engine oil: 14.4 quarts Engine antifreeze: 4.5 gallons Starter battery: One battery, Group 31 - automotive style Fuel filter: One filter Oil filter: One filter The service technician will remove all toxic and hazardous waste Immediately after servicing the generator. No toxic and hazardous waste will be left on -site overnight, nor unattended. 11) Indicate whether or not the site is within the Aquifer Protection District (APD). Maps are available in the Health Dept. If within the APD a Building Dept. Zoning Determination will be required and possible Board of Health and Board of Appeals Hearings. Yes, the site is within APD. 12) State whether or not any of the following operations are proposed: a) Vehicle washing - NIA. b) Vehide fueling - A Verizon-approved fuel company will deliver diesel to the generator approximately once per year In the absence of electrical power outages. It is anticipated that approximately 120 gallons of diesel will be Included in each delivery. In the event of an electrical power outage, the deliveries may become more frequent, depending on the duration of the outage. c) Vehicle repair - NIA Revised 1-16-2013 4 d) Storage of road sand or road salt - NIA e) Storage of compost - NIA Please note: 1) Please contact the Health Department at 508-398-2231 x1240 if there are any questions or if assistance is needed to complete this information request. 2) The following meetings or hearings may apply to you proposal: a) Site Plan Review b) Board of Health c) Board of Appeals d) Board of Selectmen 3) If a Board of Selectmen or Board of Appeals Hearing applies to your proposal the Health Dept. Handling and Storage of Toxic or Hazardous Materials License is to be paid for once all applicable boards grant their approvals. The licensing threshold is ten gallons for liquids and five pounds for solids. The license fee is $150- per fiscal year: July 1 — June 30. 4) The applicant must also contact the Building and Fire Depts. for their requirements. 5) There shall be no occupancy of the property until all dept. approvals are complete. Revised 1-16-2013