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MEETING PACKET NOVEMBER 2012 crl'yol" S;\I.]?m NL�ssm"riusErrs 4� 10 BOARD(T 1-11,L\LTH 120 W.\si IINGON ST1z1--1F,'1',4... F T l,()()Jz Public-mme.Health Prevrnt.P Prolret. T];1- (978) 741-1800 F.A (978) 745-0343 K1N1131-`RL1`Y DMSCOLL tranidinoy,salenixorn JQJZ NOV P 3: Ob MAYOR RYRANIDIN,RS/Iwl Is,CI 1(), FILE (f A(;[:N'I' CITY CLERK, SALEM, MASS. NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting Tuesday, November 13, 2012 at 7.-00 PM City Hall Annex, 120 Washington St. Room 311 MEETING AGENDA 1. Call to order 2. Approval of Minutes from October 9, 2012 3. Public Health Announcements/Reports/Updates a. Health Agent b. Public Health Nurse Report c. Administrative d. Council Liaison 4. Chairperson Announcements 5. Dr. Kiame Mahaniah, Chief Medical Officer for North Shore Community Health Center: present the new Community Strategy/goals of the Health Center G. Board of Health Mission/Policy Planning 7. Miscellaneous Wow Maas. on 8. Adjournment —2y Rlalmd in �Ni Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors Next regularly scheduled meeting is December 11, 2012 at 7pm at City Hall Annex, 120 Washington Street Room 312 Know your rights under the open meeting law MGL Chapter 39 Section 23B and City Ordinance section 2-2028 through 2-2033 • JUSTINA POLVERE RN,BSN SALEM BOARD OF HEALTH PUBLIC HEALTH NURSE PUB4 '1 TU d R� ■ II, d If i t0,T N®VE ,� DER 2012 Disease Prevention ■ Investigated 10 reportable diseases and reported case information to MDPH ■ In contact with North Shore Pulmonary Clinic on current active cases and case contacts ■ Active TB case completed medication and has been discharged from TB program Health Promotion -Flu vaccination promotion on going/public flu clinic dates will be announced at the Salem Farmer's Market weekly Meetings/Chnies ■ Attended Mass in Motion meeting -Discussed the action plan and a"kick-off' event -Offered input on having the "kick-off' event near The Point or have it easily assessable and well promoted to individuals who are considered "high-risk" in our community ■ Attended Mass Immunization Action Program(MIAB) conference -Discussed pandemic preparedness—H3N2 variant: there has been 0 new cases even with all the fairs going on during the fall - Discussed vaccines for pregnant woman (CDC guidelines chart attached)— flu vaccine • can cover a newborn up to 6 months if mom gets vaccine while pregnant -Attended breakout sessions— "Vaccine Preventable Disease Epidemiology" and "Travel Vaccines" ■ Attended MAPHN monthly meeting- discussed the new treatment for head lice called "Sklice"- PHN from another community gave feedback on its success with her daughter who has tried many other treatments over the last 5 months without much improvement. This is a one-time treatment on dry hair of children 6 months of age and older. *I sent this info over to Nurse Leader Paula Dobrow as well. -MassHealth will cover this medication if another treatment is tried first without success. Flu Clinics: ■ Salem Council on Aging 2012 flu clinic vaccinated: 110 • Lifebridge Shelter 2012 flu clinic vaccinated: 46 • Employee 2012 flu clinic vaccinated: 95 • 2 home visits forflu vaccination Pneumonia- vaccinated 15 total Upcoming Flu Clinic Dates: Salem Police Department Nov. 8`h 8:00am-9:OOam &4:OOpm-5:OOpm Salem Fire Department Nov. 13`h-16`h 9:30am-10:30am City of Salem, MA Public Flu Clinic Nov. 13`h 4:06pm-6:30pm and every Thursday starting November 29`h-December 27`h 5:30pm-6:30pm V.O.C.E.SNov. 15`h 4:OOpm-6:OOpm -Initiated a walk-through of the EDS at Salem High School and Bowditch with Larry Ramdin for emergency preparedness planning -Attended the Wellness Committee meeting- received the Wellness Policy proposed for June 2012 to review • i • -Discussed obesity and BMI comparisons to Salem, Ma-Nutrition Standards in the Policy being reviewed -Attended and vaccinated at the Swampscott and Lynn flu clinics • Presented on the "Grab & Go"project at Peabody Glenn with David Greenbaum - currently receiving donations of 500 medication cards from ABC Homecare, 500 imprinted backpacks, and a great response from many other individuals who are deciding on an item to donate. Home visits of 2 "at-risk" individuals with David Greenbaum and Elizabeth Gagakis • Initiated a referral for a Salem resident to North Shore Elder Services • Attended "The Language of Tuberculosis" conference -Discussed language barriers and ways to communicate better with clients, also learned about using the "teach back" method Example:"Can you tell me what are the side effects of your medication so that I know I told you everything, before I leave" • -Upcoming meeting;Nov. 71h at "On Point" to discuss PHN involvement in this program Monthly Report of Communicable Disease November 2012 Disease Reported # Of Cases New Carry Over Discharged campylobacter 1 0 1 1 Pertussis 2 2 0 2 Acute Hep-C 1 1 0 1 Tuberculosis 1 0 1 . 1 HGA 2 2 0 2 Varicella— 1 1 0 1 (SUSPECT) Strep Pneumo 1 1 0 0 Dengue Fever 1 1 0 1 • i • Summary of Communicable Diseases for November 2012 Campylobacteriosis: Case 91: This is not food handler or health care worker, no case contacts ill. Unknown cause of illness; case fully recovered. Pertussis: Case#1: This case investigation was done by MDPH. Case and all case contacts treated with an antibiotic; case fully recovered and there is no known sick contacts. Case is not a health care worker and is not employed in a supervised care setting. Case up-to-date on vaccines. Case#2: Case and all case contacts treated with an antibiotic; case fully recovered and there is no known sick contacts. Case is not a health care worker and is not employed in a supervised care setting. Case had no relevant vaccination history. Acute Hep-C: Case#1: This is a suspect case. Case is an IV drug user with a close contact with similar health issues whom case has shared needles; education given in detail by PHN on protection and prevention of further spread; case being followed by specialists and PCP. Case is not exhibiting any symptoms. TB: Case#1: Case discharged from TB program, mediations completed. HGA: Case 1 & 2: Both cases are not current indications of infection nor was this the patients diagnosis with their primary care—no follow up recommended. Varicella: Case#1: This is a suspected case and the case was removed from school until rash completely scabbed or gone. Up-to-date on immunizations, no case contacts exhibiting symptoms and all case contacts up-to-date on immunizations. • Strep-Pneumo: Case#1: This case is currently being investigated. Dengue Fever: Case#1: Case most likely acquired this illness in a recent travel to an endemic area. Case fully recovered and is being followed by PCP. • s • i • K�- � tir orelntorm dons aE .'rciit ++,,..':?dFGeneiei?(t�colnr�ted�t�ogfoLD�g ,P?ena :VYotne3i -< ar Hepatitis A May be used if benefit outweighs risk. 3 Hepatitis B Recommended in some circumstances. 3 Human Pa i m virus Not recommended. 3 p llo a Influenza(Inactivated). Recommended. 3 Influenza(LAIV) Contraindicated. 3 MMR j:;: t. `Contraindicated: 4 MCV4 inadequate data for specific recommendation. 4 PCV13. Inadequate data for specific recommendation. 4 PPSV23 Inadequate data:for specific recommendation. .4 Polio May be used if needed. Td Should be used if otherwise indicated. 5 • Tdap Recommended 5 Varicella Contraindicated. 5 Zoster s ' -.: Contraindicated ;;.,• 6 1, w. ..... �. tFort'More Ir1} rmadoni YaccI& ._, •, , j,? ,, g(teral RegommQn fatlonvfor.U_sesir►;F'regnanf Women;, �' s,See Pa e ?,T, Low risk of exposure-not recommended. , Anthrax High risk of exposure-may be used. 6 BCG "_ .Contraindicated 7 Japanese Encephalitis Inadequate data for specific recommendation. 7 MPSV4 Maybe used`if otherwise indicated. 7 Rabies May be used if otherwise indicated. 7 Typhoid Inadequate data for specific recommendation. 7 Smallpox Pre-exposure-contraindicated. 7 Post-exposure-recommended. Yellow Fever May be used if benefit outweighs risk. 8 2 • Administration Monthly Report October-12 Burial Permits @$25.00 $1,125.00 Permits $2,015.00 Certificate of Fitness@$50.00 $2,700.00 Copies $0.00 Fines $0.00 Total Monies Collected = $5,840.00 Annual Budget Expended Available Balance Total Salary/Longevity $359,198.00 $109,906.45 $246,492.85 Annual Budget Expended Available Balance Non-Personnel $15,600.00 $2,739.79 $12,860.21 xn,as. MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH WEEKLY INFLUENZA UPDATE November 2, 2012 All data in this report are preliminary and subject to change as more information is received. Sentinel Provider Surveillance: Influenza-like illness activity Week 43 Activity'(representing geographic distribution):Sporadic Week 43 ILI Activityz(representing intensity of ILI activity): 1(Minimal) Provider offices across the US report the amount of influenza-like illness(ILI)they see in their patients each week during regular flu season. These outpatient providers'offices,which include doctors'offices,school health services,and community health centers,are called 'sentinel sites.' Here we present Massachusetts sentinel site data. Please note that the data do not represent only confirmed influenza cases, but also those just with ILI,which may be caused by other viruses. ILI is defined as fever above 100.0'in addition to either cough or sore throat. ILI is a marker of influenza and is used throughout the regular influenza season to monitor influenza since most people are not tested for influenza. Figure 1 shows that ILI activity is very low and is consistent with activity levels normally seen at this time of year. For more information,see CDC's influenza surveillance website at www.cdc.gov/flu/weekly/fluactivitysurv.htm. Figure 1:Percentage of ILI visits reported by sentinel provider sites 5.0 —2010-2011 —2011-2012 —2012-2013 4.5 • 4.0 3.5 ar 3.0 a Y J 2.5 N C 7 2.0 w: C 1.5 1.0 0.5 0.80% 0.0 tp 0 tp, fro tab 41 q 'L R ro 4� y0 y'L yo y0 ti� 1y0 -01 1, ,tiD .tit ,50 15'L 41 ,10 151 MMWR Reporting Week *Influenza-like illness(ILI,defined by fever>100F and cough and/or sore throat),as reported by Massachusetts sentinel surveillance sites. 'CDC activity indicator also used in past seasons—indicates how widespread influenza activity level is in the state. 2 New CDC activity indicator,introduced for 2010-2011 season—more quantitative indicator of the level of ILI activity across the state. • Table 1 below shows a geographical distribution of reported ILI in Massachusetts. Table 1 shows that sentinel sites across the state are reporting little to no ILI activity. Table 1:Percent ILI reported weekly by Massachusetts sentinel sites Regional . 2012-2013 2011-2012 Baseline /seline u Report. Total o Report. Total /o ILI ILI Sites enroll. %ILI Sites enroll. Boston 0.69 0.58 3 6 0.50 6 7 Central 1.49 0.55 10 12 1.59 10 11 Inner Metro Boston 0.96 0.74 9 13 1.07 11 12 Northeast 1.00 0.60 9 12 0.83 11 12 Outer Metro Boston 2.62 2.10 3 4 2.81 4 4 Southeast 0.00 0.00 0 3 0.00 3 3 West 0.95 0.57 3 7 0.77 7 8 *Regional baseline%ILI is calculated weekly using reporting providers' baseline%ILI estimates. • • 2 • Laboratory testing for influenza Laboratories in Massachusetts report all positive influenza tests to MDPH, including viral culture,polymerase chain reaction(PCR)and rapid influenza diagnostic tests. Because the majority of cases are not tested,the number of 'confirmed'cases does not reflect the overall incidence of influenza;however,this information is essential to track the types of influenza circulating in Massachusetts and can be a useful indicator of the presence and distribution of influenza in the state. Figure 3 illustrates the number of laboratory confirmed cases in Massachusetts by week,shown along with Massachusetts ILI.Table 2 reflects the number of laboratory-confirmed influenza cases by region and influenza type. Figure 3:Laboratory-confirmed Influenza Cases and Influenza-like Illness Massachusetts,September 30,2012—October 27,2012 100 6 90 M Type A 80 a O Type B 5 M Unknown N 70 Ill �, 4 a� d w 60 c y • Y £ 50 - 3 N L C W o 40 3 i 2 +� ° 30 M u c a m 20 J - 1 10 0 0 D�,�O h'L 'L 0x ro 00 ,yO ,y'L N N N IV I'll IV IV IV .50 500 .5'L ,�D�,��o. MMWR Reporting Week *Influenza cases confirmed via viral culture, PCR or rapid test by specimen collection date. "Influenza-like illness(ILI,defined as fever>100F and cough and/or sore throat),as reported by Massachusetts sentinel surveillance sites by CDC week date. • 3 Table 2:laboratory-confirmed Influenza by Region-2012-2013 and 2011-2012 Influenza Seasons 2012-2013 2011-2012 A B Untyped A B Untyped Region Week YTD Week YTD Week YTD Week YTD Week YTD Week YTD Boston 1 3 0 0 0 0 0 0 0 0 0 0 Central 3 5 0 5 0 0 0 1 0 0 0 0 Inner Metro Boston 3 6 0 1 0 0 0 1 0 0 0 0 Northeast 1 2 0 4 0 0 1 2 1 2 0 0 Outer Metro Boston 2 5 0 2 0 0 0 0 0 1 0 0 Southeast 4 4 4 5 1 1 2 3 0 1 3 3 Unknown 1 2 2 6 0 0 0 0 0 0 0 0 West 0 0 0 0 0 0 3 3 0 1 0 0 • Testing at the Hinton State Laboratory Institute The William A. Hinton State Laboratory Institute performs confirmatory testing,typing and subtyping of influenza using PCR and viral culture. Figure 4 summarizes the testing conducted at the HSLI since MMWR week 40 or the week ending October 6,2012. To date the HSLI has confirmed 1 case of seasonal A/H3N2 influenza for the 2012-2013 season. At the start of the 2012-2013 season,the first 10 early season isolates and thereafter 5 every two weeks will be sent by Hinton State Laboratory Institute(HSLI)for National Routine Surveillance including antigenic characterization by hemagglutination inhibition(HI),genetic analysis(sequencing)and sensitivity to FDA-approved drugs for identification of resistance. HSLI will perform pyrosequencing of 5 or more samples every two weeks to detect the point mutation (H275Y)in the N1 NA gene target of influenza A(2009)viruses to assess trends in oseltamivir-resistance. This information will be reported locally and captured nationally in FluView. Specimens will also be evaluated at commercial laboratories. There were three specimens from MA during the 2009-2010 season with this mutation conferring oseltamivir-resistance and none during the 2010-2011 and 2011-2012 seasons. As it is early in the season, no specimens have been characterized for the 2012-2013 season to date. • 4 • Figure 4:Influenza positive tests reported to CDC by HSLI,September 30,2012—October 27,2012 60 60 55 A(2009 H1N1) 55 50 7 A(Unable to Subtype) 50 ®A(H3) tA 45 7 _A(1-11) 45 v 40 0 A(Subtyping not performed) 40 '(U n 35 ®g 35 v #of specimens rec'd v ? 30 3o E O a 25 25 a O p 20 20 t v m E 15 15 E M Z Z 10 10 5 5 0 17 7 1 10 • 00 a1 6A 11 0 16 0 10 11 1A 16 1% vy0 y1 .ip y6 g6 MMWR Week Table 3: Weekly Summary of HSLI Influenza Surveillance Test Results 2012-2013 Season: Influenza Surveillance William A. Hinton State Laboratory Institute MMWR Week: 2009 Seasonal Seasonal Influenza No. Flu Total Total (Specimen Collected) H1N1 A/H1N1 A/H3N2 B Pos(%) Unsat Tested Rec'd 40(09/30- 10/06/12) 0 0 0 0 0(0%) 1 3 4 41 (10/07- 10/13/12) 0 0 1 0 1(25%) 1 4 5 42 (10/14- 10/20/12) 0 0 0 0 0(0%) 2 2 4 43 (10/21- 10/27/12) 0 0 0 0 0(0%) 1 1 2 Prior 4 wk Total 0 0 1 0 1(10%) 5 10 15 Cumulative Season total 0 0 1 0 1 (10%) 5 10 15 All data are subject to change as test results become finalized.2012-2013 influenza season began MMWR 40(09130-1010612012). • 5 Doctors announce FDA-approved trial to cure autism with cord blood By Jessica Ryen Doyle Published August 21, 2012 1 FoxNews.com advertisement Researchers announced Tuesday the beginning of a FDA-approved clinical trial that uses umbilical cord blood stem cells to `cure' autism. Dr. Michael Chez, director of pediatric neurology at Sutter Neuroscience Institute in Sacramento, • Calif., said he and his colleagues have been processing the trial for more than a year now, and they have high hopes it will succeed. "What we are looking at, is cases that don't have an obvious genetic link," Chez told FoxNews.com. "Patients that we presume something went wrong with their brains, which caused a change to autistic features." In other words, the trial's patients will essentially have no reason to have autism—or at least no genetic markers for the disease. This means they must have presumably developed it through another factor, such as the environment or exposure to an infection. Inspired by Rydr Chez got the idea to `treat' autism with cord blood stem cells when he observed the cells make a big difference for a little boy who had cerebral palsy. Elisa Rudgers of Sacramento, Calif., had a normal pregnancy—but a difficult delivery. Her son, Rydr, was stuck for seven hours in the birthing canal, so doctors used a vacuum to remove him. At birth, he was not moving or breathing, and he had no lower brain function. Rydr spent six weeks in the neonatal intensive care unit, and was diagnosed with cerebral palsy at 11 months old.. Rydr's parents chose to bank his cord blood at birth with CBR—a cord blood storage company • based in Arizona that will provide Chez with participants for his trial. • Rydr received his first infusion at 15 months old. This was a child who couldn't walk, talk or eat on his own—but he began crawling three months later. After the second infusion, he began walking and talking, and after the third infusion, Rydr was also able to chew and swallow soft foods. "I can verify he definitely got better," Chez said. Now, Chez wants to put Rydr's experience to work for children with autism. Related: Cord blood reverses cerebral palsy in Colorado girl Autism is a developmental disorder that appears in a child's first three years of life, according to the National Institutes of Health. One in 88 U.S. children have it, and it affects one in 54 boys. The condition impacts the brain's normal development of social and communication skills— sometimes mildly, sometimes extremely. More children will be diagnosed with autism this year than with AIDS, diabetes and cancer combined, according to AutismSpeaks.org. "We want to see if there is any benefit to giving them an infusion to redirect the nervous system cells, which may have programmed themselves due to a secondary factor," Chez said. • "This may work on autism on different mechanisms in theory by modifying either the immune system or modifying the nervous system by indirect or direct methods." Putting the cord blood to work Chez will give 30 kids infusions of their own cord blood cells. Most of the children for the trial have already been lined up, and they have been screened to make sure they don't have any other issues that may have caused their autism(for example, Fragile X syndrome, stroke, head injury or prematurity). Using the child's own cord blood will make the study safe and ethical—plus, the cells are younger and have not been exposed to environmental factors, like viruses or chemicals, which can alter the cell's function and structure. By using the children's own stem cells, their bodies cannot reject them. However, in the future, a sibling's cord blood could theoretically work—as long as the siblings shared the same blood type. Researchers can develop further goals when and if they see results. "The next level of research will be to determine how that works," Chez said. • Everyone in the pilot study will get a dose of cord blood, however; the children will be divided into two groups. Group 1 will receive an initial infusion of cord blood, while Group 2 will • receive a placebo saline infusion. The groups will be observed over the course of six months, and then the groups will reverse: Group 1 will receive a dose of saline and Group 2 will receive the cord blood cells. Chez is hoping to see results of the study within six weeks. Rydr is now an average 4-year-old boy with some limitations and a cognitive ability at grade level. Autism studies involving stem cells are nothing new—several have already occurred overseas. However, they weren't necessarily controlled studies, or the stem cells may have come from an open pool of donors. "The data is scattered with glimmers of potential benefit," Chez said. "There are also patients who have gone to other countries and gotten so-called cord blood on their own; and we're getting anecdotal Internet studies that we don't want to be misinterpreted. We want to do this in a scientific way and make sure it's not just these parents are so hopeful, they are seeing a placebo effect." If the results are that dramatic and turn the children's symptoms around rapidly, then Chez feels the stem cells will be `talking' to other cells within the body, causing those cells to become more functional than dysfunctional. "In theory, it would take more than that time for the nervous system cells to grow,"he said. "It • might be more than growing tissue. It may be a simple infusion, (and) it doesn't have to travel to your brain." Heather Brown, vice-president of scientific and medical affairs at CBR, said it is exciting to partner with researchers and clinicians like Chez, "who are pursuing a scientifically-sound approach in evaluating new therapeutic uses for cord blood stem cells for conditions that currently have no cures." Related: Cord blood cures bab'sgrapefruit-sized tumor Related: Doctors turn to cord blood transplants in hopes of curing HIV patients Read more: http://www.foxnews.com/health/2012/08/21/doctors-announce-fda-approved-trial- to-cure-autism-with-cord-blood/print##ixzz2BT SPigxN • i • This was sent out to many individuals in the City of Salem, MA: Hi All, I want to let you know that I went yesterday for my flu shot (because we're not around next week during the flu clinic offered by the city). The shot was painless and free!! Justina Polvere, the public health nurse, was so nice and very accommodating to my schedule. This is the first time that I haven't had a sore shoulder the day after my flu shot. She is that good! If you are able to, I recommend you go. A big thanks to Justina, especially for the SpongeBob bandaid. Perla • • EN E jus �a o-I Vere,`a public Health nrs ue from the 8,Id Board of Health, has completed taining`o� ered by the Center for Domestic Preparedness in Anniston, Ala.. The CDP is operate. by the united States Depart- merit of Homeland .Security's Federal. , Emergency Management Agency and is. the Daly federally.char, ter , l wo po s of l assml. estructron traini tg facrlflty the nat.®r . The CDP develops and delivers advanced training for emergency:response providers, emergency managei°s and other. government officials from state, local and tribal governments. Training,,courses focus on incident management, mass case- alty response and emergency response to catastrophic natural disasters or terrorist acts. esident training at the-CDP includes health care and public health courses at the lIoble Training Facility; the nation's' 3 onl h®s ital dedicated to training health.. y p g care :professionals in disaster. prepared- ness and response. ® Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs L) Department of Environmental Protection Northeast Regional Office•205B Lowell-Street, Wilmington MA 01887 6 978-694-3200 DEVAL L PATRICK RICHARO K.SULLIVAN JR. Guvornor Sucrutary TIMOTHY P.MURRAY Ti►is is all elect►•oleic facsimile of a O C T 17 2012 KENNETH L.KIMMEU_ Liouwnant.Governor tiocillne►lf o►l file Ivifll till Vas'sadillSetis Comn7iscionc r Deparbnem of 1?nvb oitnlcnfal Protection. i William Thomson RE: SALEM—Solid Waste Management/COR Northside Carting, Inc. Salem Transfer Station 210 Holt Road 12 Swampscott Road North Andover, MA 01845 FMF Number: 39974 Mayor Kimberley Driscoll BWP SW21/Modification of Handling Facility—Small Salem City Hall Transmittal Number:X239204 93 Washington Street Waste Ban Compliance Plan Approval and Salem, MA 01970 Revised Facility Permit/Authorization to Operate • Dear Mayor Driscoll and Mr.Thomson: The Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau of Waste Prevention, Solid Waste Management Section ("MassDEP" or "the Department") has reviewed your application for modification of the Waste Ban Compliance Plan for the Salem Transfer Station located on Swampscott Road in Salem, Massachusetts (the "Facility"). Green Seal Environmental, Inc. of Sagamore Beach, Massachusetts ("GSE") prepared and submitted the application, category BWP SW 21, Modification of Previously Approved Permit-Small,Transmittal No. X239204,to MassDEP on behalf of Northside Carting, Inc. (the "Application"). MassDEP received the Application on July 28, 2011. GSE provided additional information to MassDEP in support of the Application on January 26, 2012, in response to a Notice of Technical Deficiency issued by MassDEP on September 1, 2011. On June 3,.1.994, MassDEP issued a Permit-By-Rule pursuant 310 CMR 19.023 to the City of Salem to operate the Facility (the "1994 Permit-By-Rule"). Northside Carting, Inc. currently operates the Facility under a lease agreement with the City of Salem,the owner and permittee of the Facility. MassDEP approved the Facility's original WBCP on February 26, 2007 (the "2007 WBCP"). The Application contains a revised WBCP (the "2012 WBCP") which supersedes the 2007 WBCP. • This Information Is available In alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-6761.TDD#1-866-539-7622 or 1.617-574-6868 MassDEP websile:www.mass.gov/dep Printed on Recycled Paper - -- _ I SALEM—Solid Waste Management page 2 of 2 Salem Transfer Station (Northside Carting, Inc.) Revised Waste Ban Compliance Plan/ATO Transmittal No.:X239204 • Waste Ban Compliance Plan As stated in the 2012 WBCP, the Facility does not currently accept waste in greater than 5 cubic yard (yd3) loads. The operator will'record all failed loads discovered during ongoing inspections, send failed load letters to waste haulers, identify the waste generators where possible, and send failed load letters to contract municipalities and maintain on-site signage that reflects the new waste banned materials pursuant to 310 CMR 19.017. MassDEP Determinations MassDEP has reviewed the 2012 WBCP pursuant to 310 CMR 19.000, including, but not limited to section 310 CMR 19.017 Waste Bans. MassDEP issues the enclosed Permit and Authorization to Operate that, in part, approves and incorporates the 2012 WBCP subject to compliance with the conditions of the Permit and Authorization to Operate. Northside Carting, Inc. and the City of Salem, if aggrieved by the Department's decision, may separately or jointly request that the decision be deemed a provisional decision. See Section X.,Appeal Rights, of the enclosed Permit and Authorization to Operate. The enclosed Permit and Authorization to Operate supersedes and replaces in its entirety all previous permits for the Facility including the 1994 Permit-By-Rule. If you have any questions regarding this matter, please contact Mark Fairbrother at (978) 694- i 3298. Sincerely, Sinc ly, Mark G. Fairbrother John A. Ca rigan Environmental Analyst Section Chief Solid Waste Management Section Solid Waste Mana ment Section JAC/MGF/mgf Enclosure: Revised Facility Permit/Authorization to Operate (Permit#: NESW-TS-038) cc: Salem Board of Health 120 Washington Street,4th Floor This is.an eledronicfacsindie of a Salem, MA 01970 document on file with attwassachuseas Department of P.nvironrtzeutal Protection. Greg Wirsen,Green Seal Environmental, Inc. Email:greg@gseenv.com Paul Emond, Mass DEP-Boston/BWP File copy,MassDEP-HERO/Solid Waste Management/COR SalentTS-X239204-ATO-Letter-20121017 1011712012 e Commonwealth of Massachusetts Executive Office of Energy &•Environmbntal Affairs DepeArnent of Environmental Protection Northeast Regional Office o 205B Lowell Btroet,Wilmington MA 01887 a 978-694-3200 DEVAL L RATAICK RICHARD K.SULUVAN JR. Governor - - i - Secretory This Is ail eladi-onic facsimile of a TIMOTHY P.MUnRAY document on file wilt the Massaciarsetts _ KENNET}-I L.KIMMEC.L Lieumnant Gavarnor Depm4ment ofTnvironmerrta/Proleetion. Cnirrinicaronar i FACILITY PERMIT AND AUTHORIZATION TO OPERATE SOLID WASTE TRANSFER FACILITY Effective Date: ,- DEP Region: Northeast OCT 1 .7 20�2 g FMF Facility No.: 39974 Expiration Date: December 31, 2017 Regulated Object No.: 173161 Permit No.: NESW-TS-038 • I. FACILITY DESCRIPTION Name of Permittee: City of Salem Mailing Address: One Salem Green Salem, MA 02767 Name of Facility: Salem Transfer Station Address of Facility: 12 Swampscott Road Salem, MA 02767 Type of Waste Handled: Construction and Demolition Waste' Amount of Waste Accepted: No more than 100 tons per day of Construction and Demolition Waste including incidental Category 3—Bulky Waste. No more than 31,200 tons of C&D Waste in any calendar year. (See Specific Conditions,Section VI.A.) t As defined at 310 CMR 16.02,Construction and Demolition Waste("C&D Waste")means the waste building materials and rubble resulting from the construction,remodeling,repair or demolition of buildings,pavements,roads or other structures. C&D Waste includes concrete,bricks,lumber,masonry, • road paving materials,rebar and plaster fi•om the above activities with only incidental amounts of other solid waste. [Emphasis added] This information is available in alternate format.Cali Michelle Waters-Eka n em,Diversity Director,at 617-292-5751.TDD#1-866-539-7622•or 1-617-574.6868 MassDEP Webslte�%www,mass.govldep Printed on Recycled Paper Facility Permit&Authorization to Operate—October 2012 Page 2 of 19 Salem Transfer Station • Transmittal Number:X239204 Approved Plans: Waste Ban Compliance Plan Application: Modification of a Handling Facility, Small (BWP SW21) Approved: October 17, 2012 Transmittal Number: X239204 Prepared By: Green Seal Environmental, Inc. Dated: July 20, 2011 Revised: January 25, 2012 Other Approvals: Municipal Solid Waste Transfer Station Plans Application: City of Salem, Massachusetts, Facility Plans (12 Sheets) . Approved:' September 9, 1975 Transmittal Number: 79384 Prepared By: C.E. Maguire, Inc. Dated: April 1975 II. PERMIT AND AUTHORIZATION TO OPERATE • This decision is issued pursuant to 310 CMR 19.037 and is a permit pursuant to M.G.L. Chapter 111, § 150A and the regulations promulgated thereunder at 310 CMR 19.000 ("Permit"). This Permit is also an Authorization to Operate ("ATO")the Facility pursuant to 310 CMR 19..042. In the event this Permit conflicts with all or parts of prior plan approvals or permits issued pursuant to c. 111, § 150A and the solid waste regulations,the terms and conditions of this Permit shall supersede the conflicting provisions of such prior permits or approvals. This Permit, upon taking effect pursuant to 19.037(4), supersedes and replaces in its' entirety the Permit-By-Rule issued by MassDEP on June 3, 1994 to the City of Salem (Transmittal No. 79384) for the-operation of the Facility. This Permit does not convey property rights of any sort or any exclusive privilege. This Permit also constitutes an Authorization to Construct pursuant to 310 CMR 19.041 for the purpose of compliance with 310 CMR 19.020(1). This Permit is subject to the Permittee's compliance with 310 CMR 19.000 and the conditions of this Permit imposed by MassDEP pursuant to 310 CMR 19.043(1), Items Subject to Conditions. III. DEFINITIONS Unless indicated otherwise,the following terms in this Permit shall be defined as follows: Action Level means levels or amounts of waste ban materials that when met or exceeded in • a waste load for disposal or transfer for disposal constitute a Failed Load. The Action Levels for the Facility are as follows: SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 3 of 19 Salem Transfer Station • Transmittal Number:X239204 • For any waste load with more than 0% by volume of the following Zero Tolerance Waste Ban Materials: lead batteries, cathode ray tubes (CRTs), and Chlorofluorocarbons (CFCs) containing white goods2; • For any waste load with 10% or more by volume of leaves and yard waste; • For any waste load with 20% or more by volume of recyclable paper (excluding corrugated cardboard 3); • For any waste load with 20%or more by volume of single polymer plastic, metal and glass containers; or • For any waste load, excluding Category 1 C&D Waste loads as described below, with 20%or more by volume of combined asphalt pavement, brick, concrete, wood, metal and clean gypsum wallboard. Application means the application, category BWP SW21, Modification of Previously Approved Permit—Small, Transmittal No. X239204, submitted to MassDEP for the modification of the Facility's Waste Ban Compliance Plan pursuant to 310 CMR 19.017(5)to incorporate modifications to 310 CMR 19.017 Waste Bans that became effective on July 1, 2011. Applicant means Northside Carting, Inca BOH means the City of Salem Board of Health. • Bulky Waste means waste items of unusually large size. Examples of bulky waste include, but are not limited to toys, and furniture such as tables, chairs, desks, carpets, and temporary partitions such as cubicle walls. Construction & Demolition (C&D) Waste, as defined by 310 CMR 16.02, means the waste building materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads or other structures. C&D Waste includes, but is not limited to: concrete, bricks, lumber, masonry, road paving materials, rebar and plaster from the above activities with only incidental amounts of other solid waste. Categories of Construction and Demolition Waste Material: Category 1—Construction and Demolition Waste and partially picked C&D Waste. Partially picked C&D Waste may include, but is not limited to, materials that may have been previously kicksorted off-site for the removal of metal, large pieces of wood, bulky waste, and Zero Tolerance Items, Category 2—Construction and Demolition Residuals, and 2 If any waste load is identified by the hauler prior to tipping as containing source separated(e.g.on top of the load)CFC containing white goods,CRTs,and/or lead batteries,the Facility may remove these materials from the waste load prior to tipping. Under this circumstance,the waste load is not a Failed Load. 3 Corrugated cardboard accepted in any quantity in any waste load is not a Failed Load if the corrugated cardboard will either be: a)separated and diverted from disposal in the Facility's kick-sorting,or b)the waste load will be transferred for separation at another facility. 4 The City of Salem is the owner and permittee for the Facility. Northside Carting,Inc. operates the Facility under contract to the City of Salem and submitted the Application to MassDEP. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 4 of 19 Salem Transfer Station Transmittal Number:X239204 Category 3-Bulky Waste. Construction & Demolition Fines (C&D Fines) means C&D Waste processed through an initial size reduction and screening process in accordance with a MassDEP Beneficial Use Determination (BUD) and prior to grinding_which is: (a) three inches or less (3" minus) in size; (b) consists primarily of soil and other inert materials, and.(c) in no case shall exceed 35%organic content by volume. Construction & Demolition Residuals (C&D Residuals) means C&D Waste that remains after recyclable materials (asphalt pavement, brick, concrete, metals, wood, clean gypsum wallboard, etc.) have been removed from C&D Waste to the greatest extent possible,which may include the C&D Fines if not separated out from the C&D Waste. C&D Residuals consist primarily of non-recyclable material and includes, without limitation: • The materials that remain unpicked during Positive Pick Processing Operations; and • The non-recyclable materials that are picked from the mixed waste stream during Negative Pick Processing Operations. Department and/or MassDEP means the Massachusetts Department of Environmental Protection. Failed Load means a waste load which, when delivered to and inspected at a handling or disposal facility is determined tb contain a quantity of a material banned from disposal, or itransfer for disposal, at or above an Action Level defined herein. Kick-Sorting means the partial separation of waste material which may include,but is not limited to, the removal of metal; large pieces of wood, bulky waste, Zero Tolerance Items (i.e. cathode ray tubes,tires, lead batteries and White goods). Layout Plan means the plan submitted by the Applicant in the Application,titled "Layout Plan", dated July 21, 2011, depicting the Facility Tipping Area, Load-out Area for Category 1 Materials, materials storage areas, and other areas. Municipal Solid Waste (MSW) means any residential or commercial solid waste, for the purposes of this Permit MSW shall not include C&D Waste. MDPH means the Massachusetts Department of Public Health. Negative Pick Processing Operations means the methodology including manpower and equipment to process waste materials by the direct removal of non-Waste Ban Materials from mixed C&D Waste loads. Materials remaining unpicked from Negative Pick Processing Operations generally contain mostly Waste Ban Materials but may contain some residual non-waste ban materials. The non-recyclable materials that are picked from the mixed waste stream during negative pick operations are considered herein as C&D Residuals. Permittee means the Facility owners, Facility operator6, and the Applicant. 'As defined at 310 CMR 19.000,Owner means any person who alone or in conjunction with others has legal ownership,a leasehold interest,or effective control over such property interests,the real property SalemTS-X230204-AT0-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 5 of 19 Salem Transfer Station Transmittal Number:X239204 • Positive Pick Processing Operations means the methodology including manpower and equipment to process C&D Waste by the direct removal of Waste Ban Materials to the greatest extent possible from mixed waste loads. Materials remaining unpicked from positive pick processing operations are considered herein as C&D Residuals. Property means the property known as 12 Swampscott Road in Salem, Massachusetts for which a solid waste site assignment was granted by the City of Salem Board of Health on June 6, 1960. Reiected Load means a waste load which has been determined by the waste handling or disposal facility operator to be a Failed Load, and which the operator elects to refuse acceptance for handling or disposal, and which the operator must reload in the hauler's original delivery vehicle or container and.return to the hauler. Tipping Area means the area designated at the Facility and shown on the Layout Plan for th'e tipping, spreading, and inspection of tipped C&D Waste loads and the kicksorting of C&D Waste. Waste Ban Compliance Plan (WBPQ means the WBPC submitted as part of the Application. Waste Ban Materials means the materials expressly prohibited from disposal, or transfer for disposal, listed in 310 CMR 19.017. (See definitions in Attachment 1.) Zero Tolerance Waste Ban Materials means the materials expressly prohibited from disposal ior transfer for disposal listed in 310 CMR 19.017 where MassDEP has made an Action Level determination of zero. This includes cathode ray tubes (CRT), tires', lead batteries, and white goods. IV. FACILITY BACKGROUND The City of Salem (the "City") is the owner and permittee of the Salem Transfer Station ("Facility"). The Facility was originally constructed as a municipal solid waste incinerator in 1961. The City closed the incinerator portion of the building in 1975 and installed compactors beneath the existing hoppers for the direct tipping of solid waste into the compactors in order to utilize the Facility as a solid waste transfer station. On June 3, 1994, MassDEP issued a Permit-By-Rule for the Facility to the City of Salem, Massachusetts (Transmittal No. 779384). The Facility has been operated by Northside Carting, Inc. ("Northside") of 210 Holt Road, North Andover, Massachusetts under a lease agreement with the City since circa 2000. The Facility is permitted to accept up to one hundred (100)tons per day ("tpd") of refuse. upon which a facility is located,or the airspace above said real property; 'owner" does not mean persons holding bare legal title for the purpose of providing security for financing. 6 As defined at 310 CMR 19.000,Operator means any person who has care,charge or control of facility • subject to 310 CMR 19.000,including without limitation,an agent, lessee of the owner or an independent contractor. 7 Tires may be disposed at solid waste combustion facilities and shredded tires may be disposed at landfills. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 6 of 19 Salem Transfer Station • Transmittal Number:X239204 The Facility does not currently accept C&D Waste in greater than 5 cubic yard (yd3) loads. In addition to C&D Waste, source-separated leaf and yard waste from residents of Salem and asphalt pavement, brick, and concrete rubble ("ABC") from the City of Salem are accepted at the Property pursuant to 310 CMR 16.05. The ABC is currently transferred to Miles River Sand and Gravel in Ipswich, Massachusetts for recycling. Leaf and yard waste is currently accepted at the Property for transfer off-site for composting pursuant to 310 CMR 16.05. The materials accepted at the Facility are weighed at the Facility's scale and then tipped at the proper location. C&D Waste is tipped at the entrance to the hopper area where it is inspected and large pieces of metal and concrete are removed by Kick-Sorting prior to the C&D Waste passing through the hoppers into the compactors and then the 100-cubic yard trailers. Due to the proximity of the hoppers to the building entrance, tipped C&D Waste extends beyond the door beneath the overhang of the roof, outside of the enclosed Facility. The C&D Waste is then transferred to TBI Inc. in North Andover for further processing and removal of recyclables. The following equipment is utilized at the Facility: • Excavators for the handling of recyclables and loading the waste compactors; • A front end loader for pushing recyclables, pre-sorted materials and sorted materials; • A skid steer for handling recyclables and sorting Waste Ban Materials; and • A yard truck for moving containers and/or trailers.. The current best management practices ("BMPs.' for the tipping of C&D Waste at solid waste transfer facilities provides for the tipping and handling of the C&D Waste to occur totally within an enclosed structure8;to minimize the potential.occurrence of off-site . nuisance.conditions (dust, noise, or odors)from the tipping and handling of the C&D Waste. The current practice at the Facility of partially tipping the C&D Waste outside of the Facility building is not consistent with these BMPs. Therefore, Section VII.A. of this Permit requires that on or before March 1, 2013 the Permittee submit an Operation and Maintenance Plan to MassDEP for review and approval that in part provides for the tipping and handling of the C&D Waste within an enclosed area including, if necessary a schedule and proposal for any modifications to the Facility for this purpose. . V. GENERAL CONDITIONS A. Standard Conditions: The Permittee shall comply with 310 CMR 19.000 including, but not limited to,the requirements of 310 CMR 19.007 through 19.012 and 19.043(5) Standard Conditions, and this Permit. The activities authorized by this Permit shall be • $The regulations at 310 CMR 19.206(1)state all handling(unloading,storage,crushing,shredding, chipping,sorting,etc.)of C&D waste shall occur indoors unless otherwise approved by the Department. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 7 of 19 Salem Transfer Station Transmittal Number:X219204 carried out in.a manner that is not hazardous to public health, safety, and the environment. B. Site Assignment: This Permit shall not supersede, nor otherwise diminish, the Permittee's requirement to comply with the conditions of the Site Assignment, or other permit(s), issued by the City of Salem including, but not limited to the Site Assignment issued by the BOH on June 6, 1960 or any successor documents thereto. C. Compliance with Plans: The Permittee shall operate the Facility in accordance with the approved plans, reports, and other submissions described in Section I., the regulations set forth at 310 CMR 19.000, and this Permit. D. Compliance with Other Regulations: This Permit does not relieve the Permittee from the obligation to comply with all applicable state, federal and local laws and regulations. E. Nuisance Control: The Permittee shall not cause or contribute to a condition of air pollution, including, without limitation, odors,fugitive dust and noise. The Permittee shall comply with 310 CMR 7.00 and 19.000, and shall implement measures to effectively prevent nuisance conditions and conditions of air pollution during construction of the Permanent Facility. Pursuant to 310 CMR 7.00 and 19..000, MassDEP reserves the right to require additional equipment and/or measures to prevent or control nuisance conditions. Pursuant to 310 CMR 19.207(14), water shall not be used for dust control in amounts that produce excessive infiltration, ponding, runoff or �. erosion. F. Waste Disposal Restrictions: The Permittee shall comply with all restrictions upon the type of waste received by the Facility as established by the Facility's Site Assignment, 310 CMR 19.000 including, but not limited to 310 CMR 19:017, and the conditions of this Permit. G. Special Wastes: The Facility shall not accept any Special Wastes except as provided by an Approval to Manage a Special Waste issued pursuant to 310 CMR 19.061. All Special Wastes handled by the Facility shall be handled in conformance with the provisions of 310 CMR 19.061. H. Hazardous Wastes: The Facility shall not accept Hazardous Waste. I. Joint Liability: This Permit is issued subject to the conditions of joint liability of the Permittee and owner in accordance with 310 CMR 19.043(3). J. Transfer of Permit: No transfer of this Permit shall be permitted except in accordance with 310 CMR 19.044. In the event of a change in the Permittee's name or mailing address,the Permittee shall, pursuant to 310 CMR 19.043(5)(i)6, notify the Department within seven (7) days of the effective date of the change. K. Facility Modifications: The Permittee shall not.modify the Facility including, but not limited to its design and operation without prior notice to MassDEP and, if required by MassDEP, approval of an application submitted to MassDEP pursuant to 310 CMR 19.000 and 310 CMR 4,00. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 8 of 19 Salem Transfer Station Transmittal Number:X239204 • L. Permit Modification: The Department reserves the right to rescind, suspend or modify this Permit pursuant to 310 CMR 19.000 including, but not limited to by the imposition of additional conditions based upon a determination of actual or the threat of adverse impacts from the construction, operation, maintenance or closure of the Facility, or as may otherwise be required to comply with the requirements of the laws and/or regulations of the Commonwealth as they exist at the time of such action. A. SPECIFIC CONDITIONS A. Acceptable Wastes and Recyclables: The Facility shall not accept more than one hundred (100)tons per day (tpd), and shall not accept more than 31,200 tons per year of C&D Waste including incidental Category 3—Bulky Waste, B. Prohibited Waste: The Facility shall not accept any wastes not specifically allowed by this Permit, including without limitation: 1. Asbestos'-The Facility shall not knowingly accept asbestos waste, as defined at 310 CMR 19.006. In the event asbestos waste is accepted inadvertently, when discovered it shall be managed in accordance with all applicable local, state, and federal regulations, including, but not limited to, 310 CMR 7.00 and 310 CMR 19.000. • 2. Category 2—C&D Residuals—The Facility shall not knowingly accept Category 2— C&D Residuals. C. Waste Ban Compliance: The Permittee shall comply with 310 CMR 19.017 and the WBCP including, but not limited to the following handling and operating procedures. The Permittee shall, without limitation: 1. Remove and divert from disposal all Waste Ban Material from every C&D Waste load accepted by the Facility for disposal, or for transfer for disposal,to the greatest extent possible, unless banned materials cannot be recycled because doing so would endanger workers or substantially disrupt the Facility's operations. 2. Reduce its actual daily intake of waste at the Facility as necessary to maintain compliance with MassDEP's waste ban regulations, the Facility's WBCP, and, if any, the materials storage limits set forth in the approved plans, reports, and other submissions described in Section I. and specified in this Permit. 3. Staff the area where waste is tipped at the Facility at all times with an adequate number of personnel to ensure that large pieces of metal and ABC, as described in the WBCP, and zero tolerance items are removed prior to shipment of the C&D Waste to an off-site C&D Waste Processing Facility. 4. Post and maintain on-site signage clearly listing all Waste Ban Materials and acceptable wastes for tipping at the Facility. SalemTS4239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 9 of 19 Salem Transfer Station Transmittal Number:X239204 • 5. Conduct comprehensive load inspections of any vehicle with a.capacity of greater than five (5) cubic yards that delivers C&D Waste to the Facility using the procedures described in the WBCP, and complete a Comprehensive Load Inspection Reporting Sheet for each such inspection.9 6. Inspect all incoming loads for Waste Ban Materials and to determine if the load is acceptable in accordance with this Permit, the Facility's WBCP and 310 CMR 19.017, The inspections shall be performed pursuant to requirements of 310 CMR 19.000 and the WBCP including, without limitation: a. Inspection of all loads prior to, during, and after the tipping of the load; and b. Inspection of all loads for suspect asbestos-containing materials and manage any suspect asbestos containing-material loads in a.manner consistent with this p g Permit and all applicable regulations. 7. Record any waste load that contains an amount of Waste Ban Materials in excess of any Action Level as defined herein as a Failed Load. 8. Manage loads-that trigger an Action Levels) in accordance with the following hierarchy: a. Reject the load, including reloading into the hauler's vehicle, if it is safe to do so; b. Transfer the waste to a facility that has an approved WBCP that is permitted to, • accept the materials in mixed loads and not fail the load,for separation and recycling of the banned materials or will transfer to such a facility; or c. Dispose the load because recycling or reloading the waste would endanger workers or substantially disrupt Facility operations. 9. Complete and maintain the records required by 310 CMR 19.000, the WBCP and Section VI.F. of this Permit including, but not limited to,the Daily Log, Failed Load Log, and Failed Load Letters. D. Communication of Fail Loads: The Permittee shall: 1. Notify drivers of the type and amount of banned material found in their loads; 2. ' Notify haulers by letter (Attachment C of the WBCP) within forty-five (45) days of the date that the load arrives at the Facility of the type and amount of Waste Ban Materials found in the load and encourage the haulers to work with their customers to separate Waste Ban Materials to prevent recurrences of the Failed Loads; 3. Notify the driver only, in accordance with Section VI.D.1. above, when the waste load is delivered in a vehicle with a capacity of 51 cubic yards or less; and 4. Notify municipalities by letter (Attachment C of the WBCP) within 45 days of the date that the load arrives at the Facility of the type and amounts of banned material • 9 The application states that the Facility receives C&D Waste from homeowners and small contractors in loads that are equal to or less than five cubic yards. SalemTS-X239204-ATO-20121017 10/17/12 f Facility Permit&Authorization to Operate—October 2012 Page 10 of 19 Salem Transfer Station Transmittal Number:X239.204 • found in waste loads from their communities and encourage those communities to contact MassDEP for technical assistance. E. Routine Site Monitoring: The Perm.ittee shall perform routine monitoring of the Property in accordance with the requirements of this Section and the approved plans to ensure compliance with this Permit and the approved plans. The routine monitoring shall include, without limitation: 1. A daily assessment including,without limitation, inspection of the status and condition of the Facility, structures, equipment, devices, environmental control systems, paved surfaces,fencing, gates, and the general cleanliness of the Facility area. 2. A monthly assessment including, without limitation, inspection of the condition and performance of the Facility's storm water control and discharge system. 3. Documentation of the results of the routine monitoring, and any corrective actions, repairs, or maintenance in the Facility's Daily Log required by Section VI.F. of this Permit. F. Record Keeping and Reporting: The Permittee shall maintain and make available at the Facility upon request to authorized representatives of MassDEP and the BOH, all records and copies of all reports required by this Permit and all approved plans. The Permittee • shall maintain records and provide reports to MassDEP in compliance with 310 CMR 19.000, including, but'not limited to, the following: 1. Copy of Permits &Approvals—The Permittee shall maintain at the Property, and, upon request, make available to authorized representatives of MassDEP and the BOH for review, a complete copy of this Permit and all approved plans, appendices, protocols and attachments, and all records, logs and reports required to be maintained by this Permit. 2. Records & Daily Log—Pursuant to 310 CMR 19.207(22),the Permittee shall create and maintain at the Facility a daily log that includes, at a minimum: a. A daily summary of wastes received; b. A daily summary of wastes shipped for recycling, itemized by material type; c. A daily summary of.Failed and/or Rejected waste loads, including, but not limited to, a description of the Failed/Rejected Load and the identity of the waste generator for each Failed/Rejected Load, if available; d. Documentation of the sources and final disposition of wastes; e. Documentation of the routine site monitoring required by Section VI.E. of this Permit, including any corrective actions, repairs, or maintenance required or performed; • f. Records of inspections and waste monitoring pursuant to compliance with waste bans as established at 310 CMR 19.017, et al; Salem TS-X239204-A TO-2012101 7 10/17/12 _ Facility Permit&Authorization to Operate-October 2012 Page 11 of 19 Salem Transfer Station Transmittal Number:X239204 • g. A description of any deviations from the approved plans and operating procedures, as they relate to this Permit, or from this Permit or the Facility's Site Assignment; Description of actions taken, and/or to be taken, to mitigate or correct operational problems which are deviations from the approved plans and operating procedures, as they relate to this Permit, or from this Permit or the Facility's Site Assignment; h. A log of any complaints received regarding the Facility's operation including, but not limited to, the emission of dust, odor, and/or noise from the Facility; i. A description(s) of actions taken, and/or to be taken, in response'to a complaint regarding the Facility's operation; and j. The date,the number of personnel performing Waste Ban Materials picking for the day,the tonnage of C&D Waste accepted, and the calculation of the Average Daily Tonnage of C&D Waste accepted over the most recent twelve (12) working days; and k. Copies of all Failed Load letters sent to waste haulers, and municipalities, in accordance with the WBCP, whenever the Permittee identifies a Failed Load that is subject to the notification procedures in the WBCP. • 3. Annual Report—By no later than February 15th of each year,the Permittee shall submit to the Department an annual operations report for the preceding calendar year. Wherein a form is published by the Department for the annual report,the annual report shall be submitted on and provide the information requested in that form. Should the Department not publish a prepared form for annual reports,this annual report shall include at a minimum: a. A monthly summary of the wastes and materials accepted or shipped for recycling received during the prior calendar year that includes, itemized by type: i. The average daily quantity received and shipped; ii. -The peak day quantity received; iii. Exceedances of authorized maximum daily and annual quantities; and iv. Other information as appropriate to demonstrate seasonal variations in the quantities received and shipped. b. A summary of wastes rejected, including the sources (if known), the reason for rejection and (to the extent known) ultimate disposition of the waste; and c. A summary of operational problems that are deviations from the approved plans and operating procedures, as they relate to this Permit, or from this Permit or the Facility's Site Assignment, including recommendations and a schedule for • changes or modifications required to address such problems. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 12 of 19 Salem Transfer Station Transmittal Number:X239204 • 4: -Quarterly Waste Ban Compliance Report—The Permittee shall submit quarterly summaries of waste ban compliance activities at the Facility to MassDEP.The summary shall be submitted by the 215t day of every January, April, July, and October,for the proceeding three (3) calendar months. Unless another form is provided by MassDEP,the Facility shall use MassDEP's "2011 Solid Waste Facility Report- Construction & Demolition Processor or Construction & Demolition Transfer Station" form and instructions (http•//www.mass.gov/dep/recycle/approvals/swforms.htm#afr) and shall also report the total quantity of Bulky Waste received during the reporting period in the "Mater[al Type—'other' section of Part C.1 of the 2011 Annual Report Form." 5. Special Reporting—In the event that any load of waste is rejected by the Facility, or is returned to the Facility, because it contains infectious waste, asbestos, or hazardous waste, or any incidents occur at the Facility that result in a disruption in or shut-down of Facility operations,the Permittee shall notify the Department's Division of Solid Waste Management, Northeast Regional Office,without delay and in no case more than twenty-four (24) hours of the Permittee or its contractors becoming aware of such event. This written notification shall be made by FAX to MassDEP's Solid Waste Management Section, Northeast Regional Office-at (978) 694-3499. If a FAX machine is not available,the notification may be made by telephone instead within twenty-four (24) hours. Such notification by telephone • shall be followed up by a certified letter to MassDEP within twenty-four (24) hours. This notice (and follow-up letter where applicable) shall provide to the Department the following information: a description of the event,the origin of load, a description of load, the reason for rejection, and the name of hauler and license plate number of the vehicle involved. In the case of a hazardous waste,this notification shall be in addition to, and shall not substitute for, any notification which may be required pursuant to 310 CMR 40.0000 (the Massachusetts Contingency Plan [MCP]), if any, or other applicable law or regulation. G. Instruction of Contractors and Employees: The Permittee shall instruct all contractors and employees in the requirements of this Permit, as applicable to their work; and the Permittee shall maintain and make available at the Property a.copy of this Permit and all approved plans, appendices, protocols and attachments for use by the Permittee's contractors and employees. H. Weigh Devices: As required by 310 CMR 19.205(3) and 310 CMR 19.207(22)(b),the Permittee shall provide, operate and maintain on a continuous basis-a weigh scale(s) for the weighing of all waste and materials delivered to, and transferred from,the Facility. Such weigh devices shall be properly maintained at all times and shall be certified%calibrated in accordance with all applicable laws, regulations, ordinances, and the manufacturer's recommendations. The Facility shall maintain all documentation • regarding the certification/calibration and maintenance/repair of weigh devices in the Facility's Daily Log required by Section VI.F. of this Permit. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 13 of 19 Salem Transfer Station Transmittal Number:X239204 • I. Mercury-Added Products:10 Pursuant to 310 CMR 19.207(26), End-of-life mercury- added products"that are hazardous waste pursuant to 310 CMR 30.000 shall be handled in accordance with 310 CMR 30.000. Mercury-added products that are not hazardous waste shall be handled in accordance with 310 CMR 76.05(2). J. Independent Third Party Inspections: The Permittee shall have the Facility inspected by a qualified, independent third-party inspector, a minimum of quarterly(once every three months)'per year for compliance with 310 CMR 19.000 and the requirements of this Permit including, but not limited to the WBCP, plans, approvals and other documents identified in Section I and the records identified in Section VI.F. of this Permit. 1. Each inspection shall be unannounced and randomly timed;the Facility may not be given prior notice of any inspection. 2. The inspections shall be conducted by a licensed professional engineer or other qualified environmental professional as determined by MassDEP. The qualifications of any inspectors that are not registered professional engineers must be submitted with the inspection reports. 3. The third-party inspector shall prepare an inspection report for each inspection and a copy of each report shall be submitted to MassDEP and the BOH within fourteen (14) days of the date of the inspection and shall be consistent with 310 CMR • 19.207(25). 4. The inspection reports shall include, without limitation, a comparison of the Facility's operation relative to this Permit and 310 CMR 19.000. The comparison shall identify whether or not the Facility is in compliance with each of the operation and maintenance.requirements of 310 CMR 19.207, 310 CMR 19,017,the Site Assignment, and this Permit. Where the inspection identifies deviation(s) from the approved plans and operating procedures as they relate to, or from,the regulations, or this Permit, the report shall identify the operator's intended actions to correct such deviations, any actions taken to correct such deviations, as required by MassDEP or recommended by the inspecting engineer, and schedule(s)to correct identified problems. 10 Mercury-added product means a product to which the manufacturer intentionally introduces mercury, including,but not limited to,electric lamps,thermostats,automotive devices,electric switches,medical or scientific instruments,electric relays or other electrical devices,but not including products made with coal ash or other products that are incorporated into equipment used to manufacture semiconductor devices, elemental mercury in pre-capsulated form that is sold,distributed or provided to a dental practitioner for use in compliance with the department's regulations concerning amalgam wastewater and recycling for dental facilities,or mercury-added formulated products. This term includes mercury-added components . that are incorporated into larger products. 11 End-of-life mercury-added product means any mercury-added product that is no longer being used for its intended purpose and meets the definition of solid waste or hazardous waste. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate-October 2012 Page 14 of 19 Salem Transfer Station Transmittal Number:X239204 • VII.SPECIAL CONDITIONS A. Operation and Maintenance Plan: On or before March 1, 2013,the Permittee shall submit to MassDEP for review and approval a completed application, category BWP SW07, Modification of Previous Approval- Large, together with all applicable fees under 310 CMR 4.00. The application shall include, but is not limited to, the following: '1. A completed application form, category BWPSWO7, Modification Previous Approval -Large. 2. An Operation and Maintenance Plan for the Facility (the "O&M Plan"), updated to comply with the requirements of 310 CMR 19.030(3)(c)(4)that addresses the current regulatory requirements of 310 CMR 19.000, including, but not limited to, the standards set forth at 310 CMR 19.200, et seq. and provides for the tipping and handling of C&D Waste entirely within an enclosed area. 3. Certification by a responsible corporate officer pursuant to 310 CMR 19.011 of all papers pertaining to the Facility including, but not limited to,the statements of fact therein. 4. The seal and certification of an independent Massachusetts registered professional engineer in accordance with 310 CMR 19.011(2) on all papers pertaining to the design, operation, maintenance, or engineering of the Facility. Vill. AUTHORIZATION TO CONSTRUCT In addition to being a facility permit and ATO, this Permit also constitutes an Authorization to Construct for the purposes of 310 CMR 19.020(1)(c). No changes or modifications of the Facility shall commence without prior notification to MassDEP and the Permittee obtaining the necessary approvals pursuant to 310 CMR 19.000 and 310 CMR 4.00. IX. PERMIT DURATION This decision and permit is effective on the date of execution by MassDEP as signed below, except as provided by the Notice of Appeal Rights in Section X., below and 310 CMR 19.037(4)(b). This Permit shall terminate on December 31, 2017; unless the Permittee on or before July 6, 2017 submits an application, pursuant to 310 CMR 19.000 and 310 CMR 4.00, for review and approval by MassDEP to continue operation of the Facility. In the event that the Permittee submits an application to MassDEP, in compliance with the provisions of this section, to continue operation of the Facility the Termination Date is extended to such time as MassDEP issues a final decision on the Permittee's application to continue operation of the Facility. If MassDEP denies the application then the Permittee shall close the Facility, in compliance with 310 CMR 19.000, within ninety (90) days of the date of • MassDEP's denial of the application. SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 15 of 19 Salem Transfer Station Transmittal Number:X239204 • MassDEP reserves and nothing in this section shall limit MassDEP's authority to require the Permittee to cease operation at and/or close the Facility pursuant to applicable statute and regulation. X. APPEAL RIGHTS Right to Appeal—The City of Salem and Northside Carting, Inc. are hereby notified that they may individually or together, within twenty-one (21) days of the date of issuance, file a request for revision of this Permit. Such request shall include a written statement of the basis on which the City of Salem or Northside Carting, Inc. believes it is aggrieved,together with any supporting materials. Upon timely filing of such a request, MassDEP shall reopen the administrative record, and the Department may rescind, supplement, modify, or reaffirm its decision. Failure by the City of Salem or Northside Carting, Inc. to exercise the right provided in this section shall constitute a waiver of their right to appeal.. Right to Appeal - Pursuant to 310 CMR 19.037(5), any person aggrieved by the issuance of this Permit, except as provided for under 310 CMR 19.037(4)(b), may file an appeal for judicial review of said decision in accordance with the provisions of M.G.L. c. 111, s. 150A and C. 30A not later than thirty (30) days following notice of this decision. Notice of Appeal -Any aggrieved person intending to appeal the decision to the superior court • shall provide notice to the Department of intention to commence such action. Said notice of intention shall include the Department File Number and shall identify with particularity the issues and reason(s) why it is believed the approval decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which made the decision.The appropriate addresses to which to send such notices are: General Counsel Department of Environmental Protection One Winter Street-Third floor Boston, 02108 Regional Director Massachusetts Department of Environmental Protection Northeast Regional Office 205B Lowell Street Wilmington, MA 01887 No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised at the appropriate point in the administrative review procedures established in those regulations, provided that matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have been raised during such • Salem TS-X239204-ATO-2012101 7 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 16 of 19 Salem Transfer Station Transmittal Number:X239204 • procedures or that matter sought to be raised is of critical importance to the public health or environmental impact of the permitted activity. hn A. Carrigan Section Chief. Solid Waste Manag ent �7 /2-- Date This is all electronie facshidle of a rlocuntent on file with the Uwachuseus Department ofisttvirorfntental protection. SalemTS-X239204-ATO-20121017 10/17/1-2 Facility Permit&Authorization to Operate—October 2012 Page 17 of 19 Salem Transfer Station Transmittal Number:X239204 • ATTACHMENTS Attachment 1: DEFINITIONS OF MATERIALS BANNED BY 310 CMR 19.017 • • SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 18 of 19 Salem Transfer Station Transmittal Number:X239204 • ATTACHMENT 1 DEFINITIONS OF MATERIALS BANNED BY 310 CMR 19.017 Asphalt Pavement, Brick, and Concrete: asphalt.pavement, brick and concrete from construction activities and demolition of buildings, roads and bridges and similar sources. Cathode Ray Tubes: any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes. Glass Containers: glass bottles and jars (soda-lime glass) but excluding light bulbs, Pyrex cookware, plate glass, drinking glasses, windows,windshields and ceramics. Clean Gypsum Wallboard: gypsum wallboard that is not contaminated with paint,wallpaper, joint compound, adhesives, nails, or other substances after manufacture. Gypsum wallboard means a panel (also known as drywall) with a gypsum core and faced with. a heavy paper or other material on both sides. Pieces of clean gypsum wallboard 2 square feet or less in size are exempt. • Lead Batteries: lead-acid batteries used in motor vehicles or stationary applications. Leaves: deciduous and coniferous leaf deposition. Metal: ferrous and non-ferrous metals derived from used appliances, building materials, industrial equipment, transportation vehicles, and manufacturing processes. Metal Containers: al'umirtum, steel or bi-metal beverage and food containers. Recyclable Paper: all paper, corrugated cardboard, and paperboard products, except tissue paper,toweling, paper plates and cups, wax-coated corrugated cardboard, and other low-grade paper products. Single Polymer Plastics: all narrow-neck plastic containers where the diameter of the mouth of the container is less than the diameter of the body of the container. This includes single polymer plastic container's labeled 1—6. Tires: a continuous solid or pneumatic rubber covering intended for use on a motor vehicle.' White Goods: appliances employing electricity, oil, natural gas or liquefied petroleum gas to • preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items; or to cool or to heat air or water. For'purposes of the waste bans, white goods include, but are not SalemTS-X239204-ATO-20121017 10/17/12 Facility Permit&Authorization to Operate—October 2012 Page 19 of 19 Salem Transfer Station Transmittal Number:X239204 limited to, refrigerators,freezers, air conditioners, water coolers, dishwashers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters. White goods do not include microwave ovens. Wood: treated and untreated wood, including wood waste.2 Yard Waste: deciduous and coniferous seasonal depositions (e.g., leaves), grass clippings, weeds, hedge clippings, garden materials, and brush 1 (one) inch or less in diameter (excluding diseased plants). s Shredded tires, defined as tires that have been cut, sliced or ground into four or more pieces such that the circular form of the tire has been eliminated, can be landfilled. 2 "Wood waste"is defined in the solid waste regulations as follows: Wood waste means discarded material consisting of trees, stumps, and brush, including but not limited to sawdust, chips, shavings and bark. Wood waste does not include new or used lumber or wood from construction and demolition waste and does not include wood pieces or particles containing or likely to contain asbestos, chemical preservatives such as creosote or pentachlorophenol, or paints, stains or other coatings. • SalemTS-X239204-ATO-20121017 10/17/12 • The Salem Board of Health Mission Statement The mission of the Salem Board of Health is to deliver public health services to residents, businesses.and visitors f th the culturally diverse population of the City of Salem. Public health includes preventing and monitoring disease, providing health educatio 00 5enforcin oden public healt E r � ti}�;a,,., i Pees. s accomplished through the core values of public health which are to prevent, promote, and protect. ---------------------------------------------------------------------------------------------------------- The mission of the Salem BOH is to protect, promote and improve the health of residents, business, and visitors in a culturally sensitive manner that demonstrates professional courtesy, respect and caring. Public health includes preventing and monitoring of disease,providing health education and enforcing codes and public health ordinances. Public health is everyone's health. • The Salem Board of Health Mission Statement The mission of the Salem Board of Health is to deliver public health services to residents, businesses and visitors in a Zanne)r t est benefit the culturally diverse population of the City of Salem. Public health includes preventing and monitoring disease, providing health education enf6rc4r+g-G-Pdes-and public health ordinanwes. Thi& accomplished through the core values of public health which are to prevent, promote, and protect. ---------------------------------------------------------------------------------------------------------- The mission of the Salem BOH is to protect, promote and improve the health of residents, business, and visitors in a culturally sensitive manner that demonstrates professional courtesy, respect and caring. Public health includes preventing and monitoring of disease, providing health education and enforcing codes and public health ordinances. Public health is everyone's health. • e t Pd vere;"a pui he health,nu"se from tiie SaleBoard of Health; has c®rxrpleted tx'airring offered by the Center for Domestic Preparedness in Anniston, Ala. The CDP is operated by the United States`Depart- meA of Homeland Security's Federal. EmergO.ncy management Agency and is 1 . the Drily iledually .chartered: Teapoxis.:;of V Iass`Destruction training facili -y.In the { nation. The CDP. develops and delivers advanced training for emergency response :. providers, emergency managers and other government officials from state, local and rnents. Training.-courses.', trib al,govern 'incident management, mass casu focus on flnc 9 . g alty response and emergency response to catastrophic natural disasters. or terrorist acts.`Resident training at the-CDP includes health`care and public health.courses at the NOW 'e Training Facility; the nation's only li®spitaI dedicated to training health.. i care r®fessionals in: disaster prepared- ness and response. 1( iLe®C i t y THE SAT,'EM.-NEWS Fnday,November Salem wiF, hol g' { u tj BY TOM DALg®Yb of an allergic reaction and STAFF wRirEa are encouraged to consult SALEM—The Board of a doctor before getting a Health will hold a flu clinic shot. • Tuesday from 4 to 6:30 p.m. Beginning Nov.29,addi- in the City'Hall Annex at 120 tional clinics will be held Washington St. every Thursday by appoint The flu shots are available ment from 5:30 to 6:30 p.m. . to Salem residents 12 and while the flu vaccine is older. Anyone with health available. insurance is asked to bring. There are a limited hum- an insurance card. ber of pneumonia vaccines. Salem health officials ree- Anyone who needs one ommend the vaccination for should contact a public , anyone with chronic illness, health nurse to reserve a diabetes,heart or,lung dis- dose. ease,cancer,a compromised For more information = immune system,or who is on contact Justina Polvere,the , aspirin therapy. city's public.health nurse, Individuals who are aller- at 978-619-5651 or jpolvere@ is to g. eggs may be risk salem.com. Q Q 77a'1 Cttp of 6alem, Aaq'5aCbU5ett!6 o Office of the Citp (Council Citp fall COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS PRESIDENT 2012 CHERYL A. LAPOINTE 2012 KEVIN R.CARR,JR. CITY CLERK ROBERT K.MCCARTHY THOMAS H. FUREY MICHAEL SOSNOWSKI JOAN B.LOVELY TODD A.SIEGEL ARTHUR C.SARGENT III JERRY L. RYAN JOSH H.TURIEL PAUL C.PREVEY RECEIVED JOSEPH A.O'KEEFE,SR. November 16, 2012 N0� CITY or SALEM Mr. Larry Ramdin BOARD OF HEALTH Health Agent City of Salem Salem, MA 01970 Dear Mr. Ramdin: At a regular meeting of the City Council held in the Council Chambers on November 15, 2012, the City Council voted to deny the enclosed Orders. /Very truly yours, C YL A. LAPOINTE CITY CLERK SALEM CITY HALL•93 WASHINGTON STREET•SALEM, MA 01970-3592•WWW.SALEM.COM CITY OF SALEM a O B� In City Council, January 12, 2012 Ordered: That the Committee on Public Health, Safety and Environment meet to discuss the possibility of reduction of members to the Board of Health over a period of time from seven to five members. Invited Health Inspector, Board of Health members, City Solicitor, Representative of the Mayors office, Past Health Inspector Joanne Scott and Robert Blenkhorn. In City Council January 12, 2012 Adopted In City Council February 9, 2012 Matter remain in Committee and co-post with Committee of the- Whole Adopted In City Council November 15, 2012 Motion fialed by a roll call vote of 5 yeas, 5 nays, 0 absent A motion for immediate reconsideration in the Wopes it would not prevail was denie ATTEST: OtCHYL A. LAPOINTE CITY CLERK oNDIT�Q CITY OF SALEM z - 0 NBDpC� In City Council, January 12, 2012 Ordered: That the Committee on Public Health, Safety and Environment meet to discuss changing the job title of the Health Agent to Health Director. Invited Health Agent (Inspector), City Solicitor, Chairperson of the Board of Health, Members of the Board of Health, representative of the Mayor office. In City Council January 12, 2012 Adopted In City Council February 9, 2012 Motion that matter remain in Committee and co-post with Committee of the Whole Adopted In City Council November 15, 2012 Motion failed by roll call vote of 3 yea6, . 7 nays, 1 absent A motion for immediate reconsideration in the hopes it would not prevail was denied ATTEST: CH YL A. LAPOINTE CITY CLERK CITY OF SALEM In City Council, February 9, 2012 Ordered: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause(1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT relative to the composition of the Salem Board of Health. Be it enacted by the Senate and House of Representatives in General Court 40 assembled, and by the authority of the same, as follows: SECTION 1. Chapter 654 of the acts of 1972 is hereby repealed. SECTION 2. Notwithstanding the provisions of section 26 of chapter I I I of the General Laws, the Salem Board of Health shall consist of five persons, one of whom shall be a physician. No one of them shall be a member of the city council. Members shall be appointed in January for three years from the first Monday in February. The members shall be appointed by the mayor, subject to confirmation by the city council, and may be removed by the mayor for cause, and vacancies shall be filled by appointment for the residue of the unexpired term. Initial appointments or reappointments made under the provisions of this special act shall be made so that three of the five members of the board shall have terms which expire one year following the expiration of the remaining two members. SECTION 3. This act shall take effect upon its passage. In City Council February 9, 2012 Referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole In City Council November 15, 2012 Motion fialed A motion for immediate reconsideration i the hopes ould not prevail was denied. �� ATTEST: CHERYARK . LAPOINTE CITY - - 1