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BOH Minutes 12-8-2009
BOARD OF HEALTH
MEETING MINUTES
December 8, 2009


MEMBERS PRESENT:  Dr. Barbara Poremba, Chairperson, Marc Salinas, Martin Fair, Dr. Larissa Lucas, Noreen Casey, Kemith Leblanc & Gayle Sullivan


OTHERS PRESENT: David Greenbaum ,Acting Health Agent; Councillor Liaison Stephen Pinto; David Murphy, Engineer from Tighe & Bond; Beth Rennard, City Solicitor; Bill Thompson, North Side Carting Representative; Atty. Ken Whittaker, Hearing Officer;



TOPIC
DISCUSSION/ACTION
1. Call to Order

2. Minutes of Last Meeting
  (Nov 10, 2009)
Meeting called to order by Dr. Poremba, Chair, at 7:09pm.

Unanimously approved.

3. Public Health Announcements/ Reports/Updates
Agents, Nurses and Administrative Reports accepted and submitted into the record
4. Transfer Station Conditions
Proposed conditions discussed:
1. Operations will be inside the closed facility.
2. NSC will provide a drop-off for recycling of cans & bottles. All money received will be donated to schools as agreed by NSC.
3. Hours of Operation 7-5 Monday to Friday and Saturday 7-10. The additional hours of 10-1 on Saturday will be for Salem Residents only.
4. Maximum monthly tonnages in municipal/commercial solid waste will be a maximum of 230 vehicle trips into or out of the facility per month
5. Traffic/tonnage.

Marc Salinas stated that the board should discuss whether or not we will approve or deny or; approve the applications with conditions.
Gayle Sullivan agrees.
Barbara Poremba stated that these are proposed conditions to approving the application. Board agrees to continue reviewing conditions.

Noreen Casey states that tonnage should be lower.
David Murphy explains to the board that the size of the facility can handle the tonnage requested by the applicant. Internally the facility can handle the amount of traffic. Externally the intersections are already degraded. The traffic studies show that there is not a sufficient increase in traffic volume to cause a major impact to the traffic in those areas or further degrading of the intersection.
Larissa Lucas states that the traffic issue should not be a concern for the Board of Health due to the amount of industry in the area already and that there will be more construction happening in the future in that area.
No resolution is reached on this condition.
      The Board agrees to revisit these conditions and to move on to others.

6. Facility will have the correct amount of employees on staff during working hours.
7. A valid 24/7 phone number for operating and non operating hours in English and Spanish will be available and posted.
8. Daily street sweeping on site.
9. Routine litter control from First Street to Highland Avenue.
10. Develop and provide facility maintenance schedule.
11. Develop and provide emergency response plan contingent to the mass contingency plan.
12. Notify BOH and DEP of emergency event within 24 hrs. Report should be done within 14 days of event.
13. Doorways shall be closed at all times unless loading and unloading is happening.
14. Visual physical and structural grounds will stay in good condition. Landscaping plans will be submitted to the board for approval.
15. Damages will be repaired within an allotted amount of time. NSC must notify the BOH of any significant damage that compromises production.
16. Post anti-idling signs and monitor time of trucks idling.

Atty. Mackey representing NS Carting - The board can modify, suspend or revoke permits do to violations of conditions. To do this, a public hearing must be held. Does not need to be listed as present

17. All solid waste will not be handle outside facility
18. Discussion of types of solid waste – Only one truck full of construction material will be allowed overnight do to extreme conditions and must be covered.
19. Traffic will be control so there will be little to no back-up outside of facility
20. On site vehicles will be retrofitted for reductions of emissions that meet MA emission requirements
21. Transfer vehicles- retrofitted for reductions of emissions – that meet emission requirements
22. On road vehicles will use only ultra low sulfur diesel fuel
23. Braking systems. Use of engine compression brakes is prohibited. Signs will be posted stating that the Salem Board of Health prohibits the use of J brakes by any trucks used within one mile of facility.
24. Storm water will follow state & local guidelines. Prevention plans will be provided to the Salem Board of Health
25. Minimum of 3 spill containers on site at all times.
     The facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commenced a noise evaluation within 180 days of start up of the Facility.   The noise evaluation study must be submitted to the Salem Board of Health within 240 days of start up of the Facility.  The noise evaluation shall demonstrate that the increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels.  If dBA levels exceed a 5 dBA increase the Facility shall install noise attenuation features to reduce the increase to below a 5 dBA increase within 330 days of startup of the Facility.

Discussion of hiring a contractor to conduct these studies selected by the board and paid by the operator of the facility – plan with in 30 days and 60 days to install with DEP approval.

26. All free draining liquids within the Facility shall be collected and stored within an on site water “tight tank”, which is to permitted through the Salem Board of health and approved by the Massachusetts Department of Environmental Protection.
27. Facility must contract with pest control management for inspection of site for rodents, birds etc.
28. Facility should have air handling system for controlling odors in facility. If any malfunction happens that lasts for 48 hrs the Salem BOH will be notified and remediation plans will be provided and approved by the BOH.
29. Facility shall contain a dust and odor control system at all times during operating hours and as needed after operating hours. A misting deodorizing system will be used that is a masking agent and has no odor.
30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials.  The containers for hazardous materials shall be stored within the secure enclosure of the Facility.
31. Protocol for emissions testing will be done at the stack it self by an independent contractor hired by the BOH and reimbursed by the facility operator.
32. The Facility shall develop and incorporate in to the Operations and Maintenance plan fugitive dust/odor control protocols during the periods when the Facility doors are opened
33. All vehicles containing waste that enter or exit the Facility must be covered with a canvass, tarpaulin or other equivalent method to prevent waste from blowing of falling off vehicles.  All empty departing vehicles that delivered waste to the Facility must not allow residual waste material from becoming a nuisance condition.  All potentially odiferous materials shall be delivered in sealed containers.
34. Exterior of waste vehicle will be cleaned as needed
35. Facility trucks must turn left onto Swampscott Road. No facility trucks will be able to use First Street. All large vehicles must use the southernmost exit.
36. Closing documents for 1 Dipietro Avenue. Has been purchased by applicant and is no longer residential.
37. Authorize representative of the BOH shall have the right to perform unscheduled inspections.
38. All correspondence to the DEP will be cc’d to the BOH.
39. Traffic improvements recommended on pages 28-30 of the December 2007 Traffic Impact and Assessment Study by Vanasse & Associates Inc. is herein incorporated as a condition of this site assignment. These conditions generally include:  a.) traffic signal retiming and lane use restriping.  b) retiming of the study area signalized intersections as an improvement measure to optimize traffic signal operations. c) Pavement marking modifications  at the intersection of Swampscott Road and Highland Avenue.  d) Convert the Swampscott Road northbound roadway movement  from one exclusive left turn-lane and one right-turn lane to one shared left-turn/right-turn lane and one exclusive right-turn lane.  In addition, signal heads and timings shall be modified if necessary to accommodate any lane reconfigurations
40. The proponent shall provide an independent assessment of the traffic generation trips within six months of the facility being fully operation.  The independent monitoring program shall count the site generated traffic for at least three days to be compared to the projections.  If the operation rates are higher than projected, the independent assessment shall provide an assessment of the traffic impacts and recommend additional mitigation to the Salem BOH.

Martin Fair asks if we can request an extension of the time limit requirement from the applicant.  Discussion of continuing meeting or adjourning.

Motion to continue discussion of conditions to Dec 15th at 7 PM.
5 in favor, 1 opposed.
Motion passes.

 5.  MEETING ADJOURNED:


Respectfully submitted,


Heather Lyons
Clerk of the Board

10:35 p.m.

Next  meeting is December 15,  2009 at 7pm
At City Hall Annex, 120 Washington Street, Room 31, Salem.