MEETING PACKET JULY 2014 CITY OF SALEM MASSACHUSETTS
BOARD OF HEALTH a
120 W ASHINGTON STREET 4ttt FLOOR PablicHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL lramdinnsalem.com
MAYORL:Ut1tY IL\l4•tL)IN,RS/R13FIS,(.;I iO,CP-FS
I IL;,\L;r I AG:[,N7'
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
Tuesday July 8, 2014 at 7.00 PM
City Hall Annex 120 Washington St.3.d Floor Room 312
MEETING AGENDA
1. Call to order
2. Approval of Minutes
3. Chairperson Communications
4. Public Health Announcements/Reports/Updates
a. Health Agent
b. PHN Report
c. Administrative
d. Council Liaison
5. Hearing request from The Hawthorne Hotel—smoking in a workplace violation
6. Discussion and public Comment on Board of Health Regulation 5A:Backyard Poultry Keeping
the Board of Health will be accepting public comment on its proposed regulation that will address
public health concerns about backyard poultry keeping.
7. Miscellaneous
8. Adjournment
Larr Ramdin
Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
• Next regularly scheduled meeting is October 14, 2014 at 7pm at City Hall Annex, 120
Washington Street Room 312.
Know your rights under the open meeting law MGL chapter 30A ss 18-25 and City
Ordinance section 2-2028 through 2-2033
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
June 10, 2014
DRAFT
MEMBERS PRESENT: Dr. Barbara Poremba, Chair, Dr. Shama Alam&Dr. Danielle Ledoux, Gayle Sullivan
OTHERS PRESENT: Larry Ramdin Health Agent, Suzanne Doty, Public Health Nurse &Councilor David
Eppley
MEMBERS EXCUSED: Martin Fair
TOPIC DISCUSSION/ACTION
1. Call to Order 7:00pm
2. Minutes of Last Meeting G. Sullivan motioned to approve minutes with corrections.
(May 13, 2014) 2nd Dr. Ledoux. Approved unanimously.
3. Chairperson Announcements Regulations for keeping backyard chickens are being developed by
Larry Ramdin. A draft was given to the Board for review. It will
be voted on by City Council June 12, 2014.
Delilah Castro, Sanitarian received a thank you from the
Kernwood Country Club Management for her recent inspection.
The Mayor's nomination for new a Board Member, Paul Kirby,
. will be voted on by City Council on June 12, 2014
4. Monthly Reports-Updates
A. B. Health Agent Approved. Copy available at the BOH
Report Gov. Patrick announced an initiative on opiate use reduction this
week. An Opiate Task Force will be put together to deal with the
increasing use of opiates in the state.
Larry will be chairing The DPH Food Establishment Advisory
Committee.
B. Public Health Approved. Copy available at the BOH
Nurse's Report
C. Administrative Approved. Copy available at the BOH
Report
D. City Council Liaison Not present
Updates
5. New Business
A. Tobacco 21 Youth Risk Behavior Survey data will be obtained for the next
Board meeting along with a packet of information on Tobacco.
A hearing to increase the purchasing age from 18 to 21 for tobacco
products and updating the tobacco regulation will be held in July
and will be open for public comment. No decisions will be made at
that time by the Board.
Dr. Ledoux motioned to have a public hearing next month on
changing the age from 18 to 21 for purchasing tobacco products.
2nd G Sullivan. Approved unanimously
Notifications will be sent out to Dr. Hartman, the Salem High
School principal&school superintendent, SSU Pres., Joyce
Redford, Director of NSCATAPC and Atty. D.J. Wilson
6. Misc. The Board recognized that a former board member, Dr. Ryan, has
passed away. Condolences to the family.
The Board recognized Martin Fair for his 28 years of dedicated
service to the City of Salem as a member of the Board of Health.
Will request that an official citation be issued.
7. MEETING ADJOURNED: 8:20pm
Respectfully submitted,
Heather Lyons-Paul
Clerk of the Board
Next regularly scheduled meeting is July 8, 2014 at 7pm •
At City Hall Annex, 120 Washington Street,Room 311 Salem.
i
• Suzanne Doty RN, BSN
Salem Board of Health
Public Health Nurse
Public Health Nurse Report
Reporting on June l lth 2014 to July 8"2014
Disease Prevention
• Investigated reportable diseases and reported case information to MDPH.
• In contact with North Shore Pulmonary Clinic and MGH pulmonary clinic on current
active tuberculosis cases.
• In contact with NSMC Infection Control department for prevention of disease within the
hospital.
• Conducted joint visits for a hoarding case with Senior Health Inspector David
Greenbaum. The North Shore Center for Hoarding and Cluttering hoarding task force
was consulted and is working closely with this case as well as the Salem health
department and fire department.
Health Promotion
• Continuing to hold blood pressure clinics and provide public health information at the
Salem Farmers Market on a weekly basis.
• Updated the Salem Board of Health Facebook and Twitter pages with links and
information on proper food safety at home for the summer months and holidays.
• Participated in the Collins Middle School Health Fair on June 1 lth and provided
information on Asthma prevention and interventions as well as education and materials to
prevent smoking and smoking cessation materials for families.
• The Salem YMCA's had issues with obtaining their MA SORI reports. This was detected
while conducting their records review. The required Massachusetts SORIs were not
available in time for camp inspections and without them the camps would not be able to
open. I made contact the Sex Offender Registry Board and was able to facilitate the
speedy issuance of the reports to the YMCA's. I was then able to take all the staff lists
submitted by the camps and ensure that all the individual counselors SORI results were
obtained and then notified all the camp directors that their employee reports were
provided.
• Conducted 8 complete camp inspections which included multiple visits to all facilities.
Some of the responsibilities of the Public Health Nurse, are ensuring that all SORI and
CORI checks are completed for all persons employed or volunteering at the camps, that
all health histories, physicals and immunization records are complete for all
• employees/volunteers and all children attending the camps, that all plans and policies
including the health and contingency policies meet state regulations, and that all the
infirmaries, first aid kits and medical logs and injury reports meet state regulations .All
camps were able to begin on schedule as planned. •
Camps Inspected Included:
- Lynch Van Waterloo Marblehead YMCA Camps
- Children's Island
- Salem YMCA Camps
- Naumkeag
- Boys and Girls Club
- Campfire
- Rebel Shakespeare
- Salem State University Athletic Camps
Meetings/Trainings
• On June 23`d, attended the North Shore REACT meeting which included a speaker from
the MSPCA to discuss their capabilities and resources for elderly with animals and
animal hoarding cases.
• On June 261h, attended the Salem REACT meeting to discuss possible at risk cases within
the Salem.
Monthly ep R ort of Communicable Diseases
June 2014
Disease #Of Cases New Carry Over Discharged Running total Total for 2013
Reported for 2014
Tuberculosis 3 0 3 0 4 2
(Active)
Latent 0 0 0 0 30 44
Tuberculosis*
Malaria 0 0 0 0 1 0
Calicivirus/No 0 0 0 0 1 0
rovirus
Group B 1 1 0 1 4 2
Streptococcus
Meningitis 0 0 0 0 2 0
Hepatitis C* 5 5 0 5 11 37
Influenza* 0 0 0 0 21 62
Lyme 0 0 0 0 0 8
Disease*
Campylobacte 1 1 0 1 2 15 •
riosis
I
Giardiasis 0 0 0 0 0 2
Shigellosis 0 0 0 0 0 2
Group A 0 0 0 0 1 1
Streptococcus
Streptococcus 0 0 0 0 0 1
Pneuomoniae
West Nile 0 0 0 0 0 1
Salmonellosis 1 1 0 1 1 3
Legionellosis 0 0 0 0 0 1
Vibrio 0 0 0 0 0 1
Haemophilus 0 0 0 0 0 1
Influenzae
Enterovirus 0 0 0 0 0 1
Pertussis 0 0 0 0 1 2
Hansen's 0 0 0 0 0 1
Disease
Total 11 8 3 8 80 187
*Notifications only, LBOH not required to follow up or investigate per DPH.
Summary of Current Communicable Diseases
TB:
Case#1: Case continuing with DOT visits daily, compliant and feeling well.
Case#2: Case continues to be seen for DOT once per week,using daily medication box, very compliant
and feeling well.
Case#3: Case moved to Salem in early February and has been on DOT visits since November. Daily
DOT visits began in Salem upon notification of arrival on Monday February P. Patients DOT
appointments are 3 times weekly. Continues to be compliant with all medications,using daily medication
box properly and is attending all appointments.
1 Case of probable LTBI reported in February, sputum culture is negative for Tuberculosis. The patient is
continuing to be follow by the NSMC pulmonologists.
Group B Streptococcus: This case was hospitalized after a fall at home where they were then found to
have bacteremia with the Group B Streptococcus. They have been home bound for many years, after
completing treatment in rehabilitation, they will continue to be seen at home with visiting nursing and
therapy. According to close family members, no close contacts are symptomatic of infection.No further
investigation is necessary, the case is closed.
-h
Campylobacteriosis: This case had recently been traveling to several other states for work purposes. 1
Unsure of the source of the bacteria, I educated the case on proper precautions to take. They do not work
in a supervised care setting or as a food handler.No further investigation is required, case has been
closed.
Salmonellosis: This case became ill while visiting another country; the suspect food was ingested there.
Upon returning to the states, they were seen at the emergency room and started on antibiotics.This case
was considered a food handler so I was able to coordinate between them, their employer and primary care
physician's office for a stool sample to be obtained and upon a negative result, issued a return to work
letter. No further follow up is required and the case is now closed.
Ii
Health Dept. Clerical Report FY 20W
ift!s�i
Burial Permits Certificate of
Permits Plan Reviews Copies Fines Revenue Permit Fees
$25 Fitness $50
July-13 $750.00 $2,085.00 $0.00 $2,400.00 $1,100.00 > $6,335.00 Food Service Est. <25 seats $140
August $675.00 $655.00 $0.00 $1,900.00 $0.00 Vl $3,230.00 2.5-99 seats $280 >99 seats $420
Ni
$2,4'"
September $425.00 $640.00 $0.00 $1,450.00 $0.00 A 515.00 Retail Food <l000sq' $7o
October $900.00 $925.00 $0.00 $1,775.00 $1,200.00 $4,800.00 l000-l0000 s28o >i0000 $420
Ts s3oo
November $600.00 $815.00 $180.00 $2,300.00 $1,100.00 $4,995.00 emp.Food 1-3 day
December $300.00 $34,605.00 $0.00 $1,025.00 $0.00 ,.iv_,¢, $35,930.00 4-7daYs :shoo >7 days $
January-14
Example Of>7 day temp food permit.
411
$750.00 $24,167.00 $0.00 $300.00 $0.00 $25,217.00 14(daYS)divided b 7=2 x$qOO=$1200
February $950.00 $2,770.00 $540.00 $1,700.00 $425.00 f,as $6,385.00 Frozen Desserts $25
March $1,375.00 $2,110.00 $450.00 $2,700.00 $1,207.00 $7,842.00 Mobile Food $210
April $1,150.00 $2,900.00 $0.00 $1,700.00 $0.00 ', $5,750.00 Plan Reviews New s18o
Remodel sgo
May $1,125.00 $2,980.00 $180.00 $2,350.00 $0.00 $6,635.00
June Catering $25 per event)$200
$775.00 $5,065.00 $270.00 $2,850.00 $0.00 $8,960.00 catering
kitchen
$315
Body Art Est.
Total $9,775.001 $79,717.00 $1,620.00 $22,450.00 Body Art Practitioner 135
$5,032.00 $118,594.00.
Review Plans s18o
Fiscal Year Bud-get 2014 Suntan Est. $140
Rec.Day Camp $10
Sala Starting Ending Expenses Ext.Paint Removal s35
Full Time $341,259.00 $22,421.79 Startina Ending Transport Off.Subst. sloS
Part Time $19,997.00 $1,107.13 $18,850.00 $390.00* Tobacco Vendors $135
Overtime $2,000.00 $342.83 In-state travel& Swimming Poo Seasonal
beach analysis $140
Balance $363,256.00 $23,871.75 Health Clinic Revolving Account Annual$210 , Nonprofit$4 0
$14,178.28 Title V Review s18o
Well Application $180
Disposal works $225118o
' a CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET,4"FLOOR PublicHealth
Prevent.Promote.Protect.
TEL. (978)741-1800 FAX(978) 745-0343
KIMBERLEY DRISCOLL lramdin@salem.com
LARRY RAMDIN,RS/REHS,CHO,CP-I'S
MAYOR HEALTH AGENT
July 2, 2014
Dear Tobacco Permit Holder
The Salem Board of Health at its regular meeting on July 8, 2014, will be considering amendments to Regulation 24
of the City of Salem Board of Health. Restricting the Sale and Use of Tobacco Products &Nicotine Delivery
Products.
The Board will be accepting input from the public and stakeholders at the meeting. The meeting will be held at the
City Hall Annex, 120 Washington Street, at 7:00 pm in Room 312.
Attached is a copy of the proposed amendments.
Please feel free to contact us at 978-741-1800 if you have questions or concerns
Yours Very truly,
Larry A. Ramdin
Health Agent
•
Salem Board of Health
Regulation#22
Workplace smoking Ban
(Replacing prior Regulation#22, "Concerning Prohibiting of Smoking in restaurants and
Bars")
A. Statement of Purpose: -
Whereas conclusive evidence exists that tobacco smoke causes cancer,
respiratory and cardiac diseases negative birth outcomes irritations to the
p rY g
eyes, nose, and throat: and whereas the harmful effects of tobacco smoke
are not confined to smokers but also cause severe discomfort and illness to
nonsmokers; and whereas environmental tobacco smoke [hereinafter
ETS], which includes both exhaled smoke and the side stream smoke from
burning tobacco products, causes the death of 53,000 Americans each year
(McGinnis JM, Foege W, "Actual Causes of Death in the United States",
JAMA 1993 270: 2207-2212); and whereas in 2000,the Public Health
Service's National Toxicology Program listed environmental tobacco
smoke as a known human carcinogen(U.S DHHS, 2000, citing Cal. EPA,
1997), now therefore, the Board of Health of the efty of Salem rev" I
the right of these who wish to breathe smoke free air establishes this
regulation to protect and improve the public health and welfare by
prohibiting smoking in workplaces.
B. Authority: This regulation is promulgated under the authority granted to the
Salem Board of Health under Massachusetts general Law Chapter 111, section 31
that"boards of health may make reasonable health regulations.
C. Definitions: For the purpose of this regulation, the following words shall have to
meanings respectively ascribed to them by this paragraph:
Business Agent: An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
Board: The Board of Health of the City of Salem
City: The City of Salem
Employee: Any person who performs services for an employer.
i
a
Employer: A person, partnership, association, corporation,trust,or there
organized group of individuals, including the City of Salem or any agency
thereof, which utilities the services of one(1) or more employees.
Enclosed: A space bounded by walls (with or without windows) continuous from
the floor to the ceiling and enclosed by doors, including,but not limited to,
offices, rooms, and halls
Person: Any individual, firm, partnership, association, corporation, company or
organization of any kind including,but not limited to an owner, operator,
manager, proprietor or person in charge of any building establishment, business or
restaurant or retail store,or the business agents or designees of any of the
foregoing.
Private club: A non-profit establishment created and organized pursuant to M.G.L
Ch. 180 as a charitable corporation with a defined membership and in accordance
with 204 CMR 10.02. If a private club holds an alcoholic beverage license, said
license shall be a "club license" or a"war veteran's club license" as a defined in
M.G.L. Ch. 138, section 12 and by the Massachusetts Alcohol Beverage Control
Commission. Said license is subject to the terms set forth by the local licensing
authority.
Public place: Any building, facility owned, leased, operated or occupied by the 40
the general public including, but not limited to, retail stores, retail food stores,
libraries, museums, theaters, banks, Laundromats,.indoor sports arenas,
auditoriums, inn/hotel/motel lobbies, private and public educational facilities,
shopping malls, common areas of residential buildings, public restrooms, lobbies,
staircases, halls, exits, entrance ways, elevators accessible to the public and
licensed child-care locations.
Retail Food Store: Any establishment commonly known as a supermarket,
grocery store,bakery or convenience store,or any other establishment that offers
food items to the public for off-premises consumption.
Retail Store: Any establishment whose primary purpose is to sell or offer for sale
to consumers any goods, wares,merchandise, articles or other things.
Retail Tobacco Store: An establishment that neither possesses nor is required to
possess a retail food permit;whose primary purpose is to sell or offer for sale
tobacco products and tobacco paraphernalia and for which the sale of other
products is merely incidental; that maintains a valid permit for the sale of tobacco
products issued by the Board of Health; and prohibits the entry of the persons
under the age of 18 at all times.
• Employer: A person, partnership, association, corporation,trust,or there
organized group of individuals, including the City of Salem or any agency
thereof, which utilities the services of one(1) or more employees.
Enclosed: A space bounded by walls (with or without windows) continuous from
the floor to the ceiling and enclosed by doors, including,but not limited to,
offices, rooms, and halls
Person: Any individual, firm, partnership, association, corporation, company or
organization of any kind including, but not limited to an owner, operator,
manager, proprietor or person in charge of any building establishment, business or
restaurant or retail store,or the business agents or designees of any of the
foregoing.
Private club: A non-profit establishment created and organized pursuant to M.G.L
Ch. 180 as a charitable corporation with a defined membership and in accordance
with 204 CMR 10.02. If a private club holds an alcoholic beverage license, said
license shall be a"club license"or a"war veteran's club license" as a defined in
M.G.L. Ch. 138, section 12 and by the Massachusetts Alcohol Beverage Control
Commission. Said license is subject to the terms set forth by the local licensing
authority.
Public place: Any building, facility owned, leased, operated or occupied by the
buildings, vi gro cards,
mid enclosed ai ea open to
the general public including,but not limited to, retail stores, retail food stores,
libraries, museums, theaters, banks, Laundromats,.indoor sports arenas,
auditoriums, inn/hotel/motel lobbies, private and public educational facilities,
shopping malls, common areas of residential buildings, public restrooms, lobbies,
staircases, halls, exits, entrance ways, elevators accessible to the public and
licensed child-care locations.
Retail Food Store: Any establishment commonly known as a supermarket,
grocery store,bakery or convenience store,or any other establishment that offers
food items to the public for off-premises consumption.
Retail Store: Any establishment whose primary purpose is to sell or offer for sale
to consumers any goods, wares,merchandise, articles or other things.
Retail Tobacco Store: An establishment that neither possesses nor is required to
possess a retail food permit;whose primary purpose is to sell or offer for sale
tobacco products and tobacco paraphernalia and for which the sale of other
products is merely incidental;that maintains a valid permit for the sale of tobacco
products issued by the Board of Health; and prohibits the entry of the persons
under the age of 18 at all times.
i �'
t
Ry
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or
other tobacco product in any form..
Workplace: Any enclosed area of a structure or portion thereof at which one(1) or
more employees perform services for their employer.
D. Smoking Prohibited:
1. Smoking is prohibited in all workplaces and public places except as
allowed in Section F. of this regulation
2. It shall be unlawful for any employer or other person having control of the
premises upon which smoking is prohibited by this regulation, or the
business agent or designee of such person, to permit a violation of this
regulation.
E. Posting Notice of prohibition:
Every person having control of premises upon which smoking is
prohibited by and under the authority of this regulation shall
conspicuously display upon the premises "No Smoking" signs are
provided by the Massachusetts Department of Public Health and available
from the Salem Board of Health international "No Smoking" symbol
red circle with a red bar across it) and comparable in size to the sign
provided by the Massachusetts Department of Public Health and available
from the Salem Board of Health
F. Exceptions:
Notwithstanding the provision of Paragraph D of this regulation, smoking
may be permitted in the following places and/or circumstances:
1. Private residences except those portions used as a child care or health care
office when operating as such.
2. Hotel and model rooms rented to guests that are designated as "smoking
rooms", provided that at least 75%of the rooms are smoke free at all
times. A room so assigned shall have signs posted indicating that smoking
is prohibited therein and shall have self-closing doors. No change in room
designations shall take place without prior written approval of the Board
of Health.
3. Private or semiprivate rooms of nursing homes and long term care
ifacilities, which are separately ventilated, occupied by one(1) or more
t
r}
patients, and all of who are smokers who have requested in writing to be
placed in rooms where smoking is permitted.
4. Private clubs that have a cap on all types if memberships: where key
access is required for entry; where all employees are members; provided
that there shall be no smoking in any part of the building when any part of
the building is being used for a function open to the public or when any
part of the building is being used for a private social function other than
club functions and at members-only functions unless the following
conditions are met during such a function:
• Smoking occurs only in those area(s)that are members
only.
• Such an area, areas, is physically separated from the rest of
the building by floor to ceiling walks and self-closing
doors.
• Members only area is under negative pressure in
comparison to function area
• Such an area, or areas, has a separate working ventilation
system.
• Such an area, or areas, has separate make-up air
• All building code requirements must be met
Private clubs established after the passage of this regulation shall not be
considered an expectation.
5. A Retail Tobacco Store separated from other establishments by a solid
wall or self-closing door, all of whose entry doors bear a sign of
dimensions at least 12 inches by 6 inches stating "No under the age of 18
is allowed." Retail Tobacco Stores established or sold after the passage of
this regulation shall not be considered an exception.
6. Open-air outdoor or sidewalk seating provided that a) said area is not
artificially heated or cooled; b) said area is not enclosed except for one
side which may adjoin the building; c) the outdoor space and the indoor
space are, where they adjoin, separated by a solid wall and self closing
doors such that smoke cannot enter the indoor space; and d) customers
carry their own food and/or drinks to the area and are not served in t his
area by wait staff.
G. Violations
Any employer, or his or her businesses agent, who violates any provision of this
regulation, the violation of which is subject to s specific penalty, may be
penalized by the non-criminal method of disposition as provided in Massachusetts
General Laws, chapter 40, Section 21 D or by filing s criminal complaint at the
r
• patients, and all of who are smokers who have requested in writing to be
placed in rooms where smoking is permitted.
4. Private clubs that have a cap on all types if memberships: where key
access is required for entry;where all employees are members;provided
that there shall be no smoking in any part of the building when any part of
the building is being used for a function open to the public or when any
part of the building is being used for a private social function other than
club functions and at members-only functions unless the following
conditions are met during such a function:
• Smoking occurs only in those area(s)that are members
only.
• Such an area, areas, is physically separated from the rest of
the building by floor to ceiling walks and self-closing
doors.
• Members only area is under negative pressure in
comparison to function area
• Such an area,or areas, has a separate working ventilation
system.
• Such an area, or areas, has separate make-up air
• All building code requirements must be met
• Private clubs established after the passage of this regulation shall not be
considered an expectation.
5. A Retail Tobacco Store separated from other establishments by a solid
wall or self-closing door, all of whose entry doors bear a sign of
dimensions at least 12 inches by 6 inches stating "No under the age of 18
is allowed." Retail Tobacco Stores established or sold after the passage of
this regulation shall not be considered an exception.
6. Open-air outdoor or sidewalk seating provided that a) said area is not
artificially heated or cooled; b) said area is not enclosed except for one
side which may adjoin the building; c) the outdoor space and the indoor
space are, where they adjoin, separated by a solid wall and self closing
doors such that smoke cannot enter the indoor space; and d) customers
carry their own food and/or drinks to the area and are not served in t his
area by wait star.
G. Violations
Any employer, or his or her businesses agent, who violates any provision of this
regulation, the violation of which is subject to s specific penalty, may be
penalized by the non-criminal method of disposition as provided in Massachusetts )
General Laws, chapter 40, Section 21 D or by_filing s criminal complaint at the
appropriate venue. It shall be the responsibility of the employer, or his or her
business agent, to ensure compliance with all section of this regulation. The
violator shall receive:
1. In the case of a first violation, a fine of one hundred dollars ($100.00)
2. In case of a second violation within 24 months of the date of the first
violation, a fine of two hundred dollars ($200.00).
3. In the case of three or more violations within 24 months of the current
violation, including the current violation, a fine of three hundred dollars
($300.00).
H. Enforcement
The Board of Health and its desginees shall enforce this regulation.
The Board of Health and its designees may inspect an establishment for
compliance with this regulation during routine code enforcement inspections
and/or during periodic, unannounced inspections of these establishments subject
to this regulation. Any citizen who desires to register a complaint under this
regulation may request that the board of Health initiate an investigation.
I Severability
if any paragraph or provision of this regulation is found to be illegal or against
public policy unconstitutional, it shall not affect the legality of any remaining
paragraphs or provisions.
J Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Paragraph D of this regulation,
nothing in this regulation shall be deemed to amend or repeal applicable fire,
health or other regulations so as to permit smoking in areas where it is prohibited
by such fire, or health or other regulations
K Effective Date:
This regulation shall be effective as of January 1, 2004
As voted by the board of health on May 13, 2003 with a vote of 3 in favor, 1
abstained, and the Chair abstained as is custom except to break a tie
Amended December 16, 2003 to allow smoking inprivate clubs with conditions;
and in outdoor restaurant areas not served by wait staff with a vote of two in
favor,one opposed the Chair abstained as is custom except to break a tie.
Christina Harrington, Chair 2-10-04
This regulation shall take effect January 1, 2004.
City of Salem
Board of Health
120 Washington Street
Salem MA 01970-3523
Joanne Scott, Health Agent
Christina Harrington, Chairperson
Martain Fair
Irving Ingraham, MD
Mary Leary
Miroslaw Kantorosinski
Lucy Corchado
Mary Madore
Barbara A, Sirois, Clerk of the Board
A summary was published in the Salem Evening New January 23.2004
', I
This regulation shall take effect January 1, 2004.
City of Salem
Board of Health
120 Washington Street
Salem MA 01970-3523
Joanne Scott, Health Agent
Christina Harrington, Chairperson
Martain Fair
Irving Ingraham, MD
Mary Leary
Miroslaw Kantorosinski
Lucy Corchado
Mary Madore
Barbara A, Sirois, Clerk of the Board
A summary was published in the Salem Evening New January 23.2004
• �J
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CITY OF MELROSE HEALTH DEPARTMENT
A .4.
Board of Health City Hall,562 Main Street
Frank Brincheiro, MD Melrose,Massachusetts 02176
Maurine Garipay, RN Telephone-Melrose (781)9794130
Joseph DiPietro, Psy.D Fax- (781)979-7696
rclay@cityofmelrose.org
Health Director
Ruth L. Clay, MPH
Regulations for the Keeping of Animals
1. Purpose
As the Melrose Board of Health is responsible for the protection of the public health in Melrose,
these regulations are promulgated to protect the health and safety of the public as well as the
animals in Melrose.
2. Authority
These regulations are adopted in accordance with the provisions of Massachusetts General Laws
_ Chapter 111, Sections 31 and 155.
3. Applicability
4. Definitions
ABUTTER shall mean the owner of properties physically abutting a property
ANIMAL SHELTERS AND CORRALS shall include all stables,coops, pens,piggeries,cages,
and any other means of protecting an animal from the environment or for containing an animal.
BOARD shall mean the Melrose Board of Health
PERSON shall mean a person,persons, association, partnership,trust, company, corporation or
other legal entity.
POULTY shall include,but is not limited to, chickens, guinea fowl,peafowl, pheasants,
partridges,quail and turkey.
SWINE shall not include pot-belly pigs kept as pets.
YARD --A portion of a lot, upon which the principal building is situated,unobstructed artificially
from the ground to the sky and having at least two sides open to lot lines.
YARD, FRONT --A yard extending for the full width of the lot between the front line of the
nearest building wall or building part not specifically excluded by§ 235-25 and the front lot line.
YARD, REAR --A yard,unoccupied except by an accessory structure or accessory use as herein
permitted, extending for the full width of the lot between the rear line of the building wall and the
rear lot line.
YARD,SIDE --A yard extending for the full length of a building between the nearest building
wall and the side lot line.
5. License
5.1 No person shall keep within the limits of the City of Melrose, in any building or on any
premises of which he is the owner,lessee,tenant, or occupant, any horse,cattle, sheep, goats,
swine,poultry, or pigeons without first obtaining a license from the Board.
5.2 Said license shall not be transferable as to other animals nor assignable for the use of other
persons nor as to the use of other premises.
5.3 Said license shall expire on December 31 of each year. Fees for such license shall be included "
in the Board of Health Fee Schedule.
5.4 No license shall be issued for more than 14 P or eons ig 6 poultry per property.
6. Application
6.1 Any person desiring to obtain a license shall file a written application with a form provided by
the Board.
6.2 Such application shall include,but not be limited to the following:
a) Name, mailing address and telephone number of the owner of the property;
b) Name, mailing address and telephone number of the occupant of the property;
c) Number and types of animals to be housed
d) Source of each animal
e) Written verification that each abutter has been notified of the applicant's intent and
informed that the have the right to express grievances,is any,to the Board at or before
Y g p
the Public Hearing
0 A plot plan which includes topographical information, size of lot with structures present
as well as structures planned for the use of intended animals(including fences and
wells), distances of animal housing and enclosures from all abutters'structures and
property lines, any other conditions which could influence the safety and health of the
community if said animal(s)were kept on the applicant's premises.
g) A written plan for the disposal of manure.
6.3 The burden shall be upon the applicant to establish that the granting of such a license shall not be
detrimental in any way to the public welfare and would not endanger the safety or health of the
community, and that the said applicant has sufficient knowledge, ability, and resources to properly
care for said animal(s).
7. Construction and Construction Changes
Any person who proposes to remodel a building or portion thereof, which is being used as an
animal housing facility or who proposes to construct a new building, which is intended to be used
in whole, or in part, as an animal housing facility shall,prior to such remodeling,renovating,or
construction, submit to the Board a new application for a license, as specified in Section 6.
8. Animal Shelters and Corrals
8.1 All horses,cattle, goats, sheep, swine,poultry, and pigeons shall be provided suitable shelter
and corral space. All shelters and corrals shall be kept clean and free of decaying food,filth, dirt,
and stagnant water,and shall be free of exposed nails and other items dangerous to the animal.
8.2 No person shall erect or use as a stable any building unless use is licensed by the Board and
complies with all applicable Building Codes and Zoning Ordinances.
8.3 All shelters shall be of sound construction, well lighted,and have adequate ventilation, either,
mechanical or natural,with no access points for rodents or stray animals.
8.4 All glass windows and ventilation openings shall be screened for fly control and for animal
safety.
8.5 All electrical apparatus,including light bulbs, shall be provided with a suitable safety guard
to help protect animals from injury.
8.6 All buildings used to shelter horses, cattle, sheep, goats or swine shall have at least one
square foot of window glass for each 500 cubic feet of interior space.
8.7 Each stable shall contain at least 160 square feet for each animal.
8.8 All buildings used to shelter horses, cattle, goats or sheep shall have a ceiling at least seven
feet high but not less than one foot above the head of any animal sheltered there. Every roof shall
be water and weather tight.
8.9 All shelters and corrals shall have sufficient drainage to prevent the collection of water inside
said confines. No shelter or corral shall be located in an area subject to flooding.
8.10 All shelters and corrals for horses, cattle, sheep, goats,and swine shall be supplied with an
adequate and potable water source.
8.11 Floors shall consist of any material acceptable to the Board. This shall include hardwood,
concrete, or a thin layer of sand and clay over a gravel base.
8.12 Walls shall be suitably treated with whitewash, paint or other materials approved by the
a
Board to prevent absorption of odors and waste.
8.13 When shelter for more than one animal is provided, stalls or other adequate separation shall
be provided. Animals shall be grouped according to their lifestyles and different species shall be
separated as needed.
8.14 Any person wishing to remodel or construct a building or any portion thereof which is
currently or will be used as a stable or other animal shelter shall submit plans to do so in
duplicate to the Board for approval prior to any construction. After approval is.obtained, all work
shall begin within 30 days of approval and be completed within 90 days of the issuance of the
building permit.
8.15 Bedding shall consist of hay, straw, shredded newspapers, or other like substance but shall
not contain any animal fiber or textile fiber waste.
j 8.16 All corrals shall at all times have adequate shade for the animals, whether by tree or shelter.
8.17 Manure shall be removed from shelters and corrals at least once a day, and as often as
needed to avoid a large accumulation. Manure shall not be allowed to accumulate in corrals and
shall be removed as needed.
8.18 Manure shall be stored in such a manner as to control fliers and odors.
8.19 All feed shall be properly stored and shall be adequately protected so as to keep the food
source free of contaminants and rodents.
8.20 No shelter or corral shall be within 10 feet of a lot line.
8.21 A minimum land area of 26,780 square feet shall be required for one horse, cattle, goat or
sheep with an additional 10,000 square feet required for each additional animal required.
8.22 No shelter, corral, or enclosure shall be in the front or side yard.
9. Animal Health and Safety
9.1 All animals shall be cared for in a humane manner. It shall be illegal to abuse, either
physically or by neglect, any animal. The Board or its agent may at any time cause an animal to
be removed from the custody of any person when it is determined that the health, safety or
welfare of the animal or the general public is endangered. Any costs incurred by the City of
Melrose when seizing and caring for an animal under this regulation shall be borne by the animal
owner.
9.2 All horses shall be immunized against Equine Encephalitis and Tetanus with proof supplied
annual prior to issuance or renewal. No permit shall be issued without proof of immunization.
9.3 All cattle and horses shall be immunized annual against rabies, with proof provided by the
Board prior to the issuance of renewal of any permit.
10. Poultry
10.4 Any person with a license for poultry will comply with MGL 272 section 80D
10.5 All poultry shall be purchased from S. pullorum clean sources from National Poultry
Improvement Plan(NPIP)participants. Chicks must originate from S. pullorum clean stock.
10.6 The shelter must be cleaned and then disinfected after every flock change.
10.7 All chickens must remain in an enclosure. All outside enclosures must be covered for
protection against pests and predators.
10.8 New birds must be in a separate pen as far from the resident birds as possible for at least 14
days.
10.9 Each chicken must have a minimum of 2.5 square feet of enclosed living space.
11. Special animal provisions
11.1 No rooster shall be kept in the City of Melrose.
11.2 No poisonous snakes shall be kept in the City of Melrose.
11.3 No animal regulated herein shall be left tethered unless attended by a responsible person.
11.4 Where pigeons are kept, every effort shall be taken to minimize flying or roosting on, above,
or proximate to abutting properties.
12. Complaints
• 12.1 Upon the receipt of a written complaint,the Board or its agent shall investigate the matter
and provide a written response to the complainant and licensee. If it is determined that a hearing
should be held, such hearing will be conducted as noted in Section 14.
13. Variances
13.1 Variance to any of these regulations may be requested in writing to the Board. When such a
request is received, a hearing shall be scheduled and held in accordance with the requirements of '
Section 13.
13.2 Variances shall be granted only under the following conditions:
a) strict enforcement of these regulations will constitute a manifest injustice,AND
b) the granting of the variance shall not in any way impair the public, the environment,or
animal health.
13.3 The Board may impose any conditions it deems appropriate to protect the public, the
environment, and animal health.
14. Hearing
14.1 When a written request for a variance or a complaint is received, a Public Hearing shall be
required.
14.2 The Public Hearing shall be held at the next scheduled Board of Health meeting but in no
case earlier than 14 days of the request.
14.3 The applicant of a variance shall notify all abutters of the property as noted in Section 6.2 of
these regulations.
14.4 The Public Hearing shall be advertised in a Legal Notice in a local paper at least 7 days in
advance of the date of the hearing. The cost of the Legal Notice for a variance shall be borne
by the applicant.
14.5 Any person to whom an Order to Correct is received shall have the opportunity to request a
hearing before the Board. The request shall be in writing and received in the office of the
Health Department within seven (7) days of the date is served.
15. Penalties
15.1 Any person found in violation of these regulations shall be fined, upon conviction, not more
than$1,000 per violation.
15.2 Any person who is issued a license by the Board and is found to be in violation of these or
any other applicable regulation, may be subject to the immediate suspension or revocation of said
license.
15.3 These regulations.may be enforced by the use of the Non-Criminal citations as put forth in
MGL Chapter 40, section 21D. Fines shall be $50 for the first violation, $100 for the second
violation, and$150 for the third and any subsequent violation.
14.4 Each day of non-compliance shall constitute a separate and new offense.
16. Severability
If any provision of these regulations is declared invalid or not enforceable,the other provisions
shall not be affected thereby but shall continue in full force and effect.
17. Effective date
These regulations will take effect September 1, 2012.
Public Hearing May 17, 2012
Vote by Board of Health July 18, 2012
Legal Notice August 2, 2012
Certified copy sent to MassDEP July 19, 2012
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citp of balem
In the year Two Thousand and Fourteen
21tt®rbinattte to amend the Ordinance relative to Zoning
Be it ordained 6y the City Coundfof the City of Sakm, as follows:
bettion 1.
Section 10.0 of the City of Salem Zoning Ordinance is hereby amended by adding the following
definitions:
Urban Agriculture: An umbrella term that describes a range of food growing practices for
personal consumption and uses that may include the keeping of hens,but does not include other
livestock,and does not include the selling of agricultural products.
Hens: Female chickens.
• Run:an outdoor enclosure generally made of wire mesh.
Coop:An enclosed shelter in which a chicken lives.
Livestock: any domestic animals raised for home use,consumption,or profit,such as horses,pigs,
llamas,goats,fowl, sheep,buffalo,and cattle.
Customary agricultural,horticultural and floricultural operations: the growing or harvesting of
agricultural,horticultural and floricultural crops,the raising of all classes of livestock,the
production of eggs,milk,honey and other animal products,or the carrying out of any other
prescribed agricultural activity or process,for the primary purpose of making a profit or
providing a livelihood. Does not include residential gardening for personal consumption or use,
nor the keeping of hens in accordance with the regulations for Urban Agriculture,as described
herein.
�ettion t t
Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS is hereby
amended by adding the following new row immediately following Adult day care under E.Accessory
Uses:
RC R1 R2 R3 B1 132 B4 B5 I BPD
Urban Agriculture Y Y Y Y Y Y Y Y Y Y
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�ettistt 111:
Section 3.2 Accessory Uses is hereby amended by adding the following provision,immediately
following Section 3.2.6 Commercial Vehicles:
3.2.7 Urban Agriculture.
1.Sale of eggs and any other agricultural products is prohibited.
2.The keeping of hens shall be subject to the following rules:
a) Hens may be kept per the Table of Principal and Accessory Use Regulations on
properties in residential use only.
b) Ownership, care and control of the hens shall be the responsibility of a resident of the
dwelling on the lot.
c) If the keeper of the hens is not the lot owner,written permission from the lot owner
permitting the keeping of hens on the lot shall be attached to the Board of Health
permit application.
• d) No roosters may be kept under an Urban Agricultural use on lots in Salem
e) No coop or run shall be located nearer than ten(10)feet to the principal building,and
no coop or run shall be located nearer than 15 feet to any side or rear lot line. Side
lots in this instance refer to a projected line starting from the front lot line,
terminating at the rear lot line parallel 15 feet from the side or 15 feet from the rear
lot line. No coop or run shall be located within any required front yard or within any
side yard of a corner lot.
f) Coops and runs shall not exceed six(6)feet in height,and shall have a combined area
of no more than 120 square feet. Construction of a chicken coop and run shall not
preclude the location of additional accessory structures,such as garages and tool
sheds,and as described under Section 3.2.4 Accessory Buildings and Structures,on
the same property.
g) The on-site slaughtering of hens is prohibited.
h) No person shall keep any hens in any building used as a dwelling.
i) Any person desiring to keep hens shall apply to the Board of Health for a permit.
Oettion 1V. This Ordinance shall take effect as provided by City Charter.
I
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Regulation 5A: Backyard Poultry Keeping
Section 1: Purpose and Authority:
The purpose of this regulation is to reduce/control the risk of zoonotic illnesses to humans and prevent
the occurrence on nuisance conditions.
This regulation is promulgated pursuant to the authority granted to the City of Salem Board of Health by
Massachusetts General Laws Chapter 111,Section 31 that states"Boards of Health may make
reasonable health regulations".
Section 2:13efinitions
ABUTTER shall mean the owner of properties physically abutting a property
BOARD shall mean the Salem Board of Health
PEN shall include the Chicken Coop/house and any run or other appurtenance directly congruent to the
chicken coop in which the chickens are kept.
PERSON shall mean a person, persons,association, partnership,trust,company,corporation or other
legal entity.
POULTY shall include, but is not limited to,chickens,guinea fowl,peafowl, pheasants,
a. partridges,quail and turkey.
b. YARD—A portion of a lot, upon which the principal building is situated,unobstructed
artificially
c. from the ground to the sky and having at least two sides open to lot lines.
d. YARD,FRONT--A yard extending for the full width of the lot between the front line of
the --
e. nearest building wall or building part not specifically excluded by§235-25 and the front
lot line.
f. YARD, REAR—A yard,unoccupied except by an accessory structure or accessory use as
herein permitted,extending for the full width of the lot between the rear line of the
building wall and the rear lot line.
g. YARD,SIDE--A yard extending for the full length of a building between the nearest
building wall and the side lot line
Section 3:Permits
1. No person shall keep poultry without first having obtained a permit from the Board of
Health.
2. Permits are issued to a specific individual and are not transferable or assignable.
3. Permits expire annually on December 31st of each year
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4. No poultry ore s produced b backyard farmed poultry shall be offered for sale or used in
� p N eggs P Y Y
commercial establishments
5. The number of animals kept shall be limited to six(6)birds per lot
6. No poultry shall be kept on property that is not used for residential purposes
7. The slaughter of Hens on the property is prohibited
8. . No person shall keep any hens in any building used as a dwelling
j Section 4:Permitting process:
a. Applicant must submit a completed application on the prescribed form with the appropriate fee.
i
The application shall not be deemed complete and file until all required documentation is submitted.
I b. Plans to scale with size of lot,existing structures,the henhouse, pen,fences,and distances of
henhouse and pens from all abutting property lines and habitable structures.
C. Maintenance plan describing cleaning schedule,pest and predator control measures, and
nuisance prevention measures.
d. Waste management plan that describes procedures for waste and animal disposal.
e. Health management plan that documents that chickens are properly vaccinated and from an
approved source,and procedures for managing sick or injured birds.
f. Written statements signed by the property owner(s)granting permission for the henhouse.
g. If the coop is in a common open space,written approval from all residents with legal access to
the common space is also required.
h. Upon receipt of the completed application and supporting documentation,the Board of Health
will conduct a site inspection.
i. The Board of Health will schedule a public hearing.The hearing date must be scheduled so as to
allow a minimum of 14 days for abutter notification.
j. Following a public hearing,the Board of Health will make a determination as to whether to grant
a permit.
k. In cases in which the coop is to be constructed after the public hearing,the Board of Health may
approve a permit conditional upon a successful inspection of the constructed coop.
I. The applicant must comply with all other laws and regulations concerning zoning and
construction,and must obtain a building permit when required.
M. Permit holders must conform to the conditions of the permit at all times, including with respect
to the number of birds permitted.
• n. The Board of Health may suspend or revoke a permit,after a public hearing if requested,for an
1 ..
applicant's failure to comply with the terms of the permit or if a public health or nuisance condition is
created.
o. The Board of Health or its agent may order the immediate removal of the hens upon a
1 determination that they pose a health risk.
i
Section 5:SitinFt and construction
1. No coop or run shall be located nearer than ten(10)feet to the principal building,and no
i
coop or run shall be located nearer than 15 feet to any side or rear lot line. Side lots in this
instance refer to a projected line starting from the front lot line,terminating at the rear lot
line parallel 15 feet from the side or 15 feet from the rear lot line.
2. No coop or run shall be located within any required front yard or within any side yard of a
corner lot.
3. Coop space must allow a minimum of 2.5 square feet per hen and one nest box per 3 hens.
4. Runs must allow a minimum of 4 square feet per hen.
5. Coops or pens shall not be larger than 120 square feet.
6. Coops and runs shall not be located in the front yard or in aside yard that abuts a public
street.
7. All coops shall be constructed in such a way and with such materials as to be easily
cleanable.
8. All runs shall have a securely built frame and be designed to be predator-proof.
9. Henhouses shall not be located within 200 feet of the high water mark of any known source
of drinking water supply or within 50 feet of any drinking water well.
10. The poultry keep shall ensure that runoff from the poultry coop and run does not leave their
property line —
Section 6: Animal Health and Welfare:
1. Chickens must be treated in a humane manner at all times, including access to fresh food
and water,and protection from the elements.
2. All hens must be sourced from a Salmonella Pullorum-free flock or a hatchery participating
in NPIP(National Poultry Improvement Program.).
3. In the event a hen is known or suspected to be sick or injured,the Owner is responsible for
providing adequate home care orveterinary care or for humanely culling and disposing of
the hen in a prompt and sanitary manner.
Health if an hens are diagnosed with a disease
4. The Owner shall report to the Board of e y g
transmissible to other animals or to humans.
•
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migratory fowl.They may be allowed out
Hens must be enclosed and segregated from wild mi
5. g
of the enclosure only into a securely fenced area when supervised.
Section 7:Nuisance Control:
Animal pens,runs,and adjacent lands must be maintained in a sanitary condition and free from
offensive odors at all times to prevent the occurrence of nuisance conditions.
1. Noise
a. No roosters are permitted on residential property.
b. Perceptible noise from chickens/poultry at the property boundary must conform to all existing
noise regulations and by laws.
2. odor
a. Odors from chickens,chicken manure,or other chicken-related substances shall not be
perceptible at the property boundaries.
b. If possible, waste must be composted.with carbonaceous material such as hay, bedding,or
• leaves. If composting is not possible,waste must be stored in a sealed container until disposal.
At a minimum,weekly cleaning of henhouses is required. More frequent cleanings may be required as
needed to prevent odor. Bedding shall be maintained dry and any wet caked manure shall be removed
immediately from the chicken pen.
3. Predator and Pest Control:
A. Necessary measures must be taken to prevent a buildup of predator, pest or rodent populations due to the presence of hens on the property.
1. Chicken feed must be stored securely in a rodent-proof container.
2. Chicken feed leftover from feeding may not remain past dusk in an area accessible to rodents or
other pests.
3. Pen must be enclosed with aviary netting or other predator-proof material.
Section 8:Complaints
1. Upon the receipt of a written complaint,the Board or its agent shall investigate the matter
• and provide a written response to the complainant and licensee. If it is determined that a hearing
• r
should be held,such hearing will be conducted as noted in Section 10.
Section 9:Variances
1. Variance to any of these regulations may be requested in writing to the Board.When such a
request is received,a hearing shall be scheduled and held in accordance with the requirements of
Section 10.
2. Variances shall be granted only under the following conditions:
a)Strict enforcement of these regulations will constitute a manifest injustice,AND
b)The granting of the variance shall not in any way impair the public,the environment,or
animal health.
3. The Board may impose any conditions it deems appropriate to protect the public,the
environment,and animal health_
• Section 10.Hearing
1. When a written request for a variance or a complaint is received,a Public Hearing shall be
required.
2. The Public Hearing shall be held at the next scheduled Board of Health meeting but in no
case earlier than 14 days of the request.
3. The applicant of a variance shall notify all abutters of the property as noted in Section 6.2 of
these regulations.
4. The Public Hearing shall be advertised in a Legal Notice in a local paper at least 7 days in
advance of the date of the hearing.The cost of the Legal Notice for a variance shall be borne
by the applicant.
5. Any person to whom an Order to Correct is received shall have the opportunity to request a
hearing before the Board.The request shall be in writing and received in the office of the
Board of Health within seven(7)days of the date the order is served.
Section 11. Penalties
1. Any person found in violation of these regulations shall be fined, upon conviction, not more
than $1,000 per violation.
2. Any person who is issued a license by the Board and is found to be in violation of these or
any other applicable regulation,may be subject to the immediate suspension or revocation of said
license.
3. These regulations may be enforced by the use of the Non-Criminal citations as put forth in
MGL Chapter 40,section 211). Fines shall be$50 for the first violation,$100 for the second
violation,and $150 for the third and any subsequent violation.
4. Each day of non-compliance shall constitute a separate and new offense.
• Section 9:Severability:
1. If any provision of these regulations is declared invalid or unenforceable,the other
provisions shall not be affected thereby but shall continue in full force and effect.
Effective Date:These regulations will take effect on
Public Hearing:
Vote: Board of Health
Legal Notice:
Certiifed Copy to MA DEP:
•
Salem Board of Health Regulation 24
Amendment
C Definition
Existing: Minor:Any individual who is under the age of eighteen (18).
Proposed: Minor:Any individual who is under the age of twenty one(21).
Existing:Section 2(C)
a. The owner or other person in charge of a shop or other place used to sell nicotine delivery
products at retail shall conspicuously post a sign stating that"The sale of nicotine delivery
products to minors under 18 years of age is prohibited."The owner or other person in charge of
a shop or other place used to sell e-cigarettes at retail shall conspicuously post a sign stating
that"The use of e-cigarettes at indoor establishments may be prohibited by local law."The
notices shall be no smaller than 8.5" by 11"and shall be posted conspicuously in the retail
establishment or other place in such a manner so that they may be readily seen by a person
standing at or approaching the cash register.These notices shall directly face the purchaser and
shall not be obstructed from view or placed at a height of less than four(4)feet or greater than
nine(9)feet from the floor.
3. Identification: Each person selling or distributing tobacco or nicotine delivery products shall verify the
age of the purchaser by means of valid government-issued photographic identification containing the
bearer's date of birth that the purchaser is 18 years old or older.Verification is required for any person
under the age of 27.
Proposed
a. The owner or other person in charge of a shop or other place used to sell nicotine delivery
products at retail shall conspicuously post a sign stating that"The sale of nicotine delivery
products to minors under 21 years of age is prohibited."The owner or other person in charge of
a shop or other place used to sell e-cigarettes at retail shall conspicuously post a sign stating
that"The use of e-cigarettes at indoor establishments may be prohibited by local law."The
notices shall be no smaller than 8.5"by 11"and shall be posted conspicuously in the retail
establishment or other place in such a manner so that they may be readily seen by a person
standing at or approaching the cash register.These notices shall directly face the purchaser and
shall not be obstructed from view or placed at a height of less than four(4)feet or greater than
is nine (9)feet from the floor.
3. Identification: Each person selling or distributing tobacco or nicotine delivery products shall verify the
age of the purchaser by means of valid government-issued photographic identification containing the
bearer's date of birth that the purchaser is 21 years old or older.Verification is required for any person
under the age of 27.
Existing P(1)
P.Violations:
1. It shall be the responsibility of the establishment, permit holder and/or his or her business agent to
ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco
and/or nicotine delivery products.The violator shall receive:
a. In the case of a first violation,a fine of one hundred dollars($100.00).
b. In the case of a second violation within 36 months of the date of the current violation,a
fine of two hundred dollars($200.00)and the Tobacco and Nicotine Delivery Product
Sales Permit shall be suspended for seven (7)consecutive business days.
c. In the case of three or more violations within a 36 month period,a fine of three hundred
dollars($300.00)and the Tobacco and Nicotine Delivery Product Sales Permit shall be
suspended for thirty(30)consecutive business days or the City of Salem Board of Health
may revoke the Tobacco and Nicotine Delivery Product Sales Permit.
Proposed
P.Violations:
1. It shall be the responsibility of the establishment,permit holder and/or his or her business agent to
ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco
and/or nicotine delivery products.The violator shall receive:
d. In the case of initial violations observed at an inspection within a 36 month period,a
fine of one hundred dollars($100.00)per violation.
e. In the case of violations observed at the second inspection within 36 months of the date
of the current violation,a fine of two hundred dollars($200.00) per violation and the
Tobacco and Nicotine Delivery Product Sales Permit shall be suspended for seven (7)
consecutive business days.
f. In the case of violations observed at the three or more inspections within a 36 months
of a current violation,a fine of three hundred dollars($300.00)and the Tobacco and
Nicotine Delivery Product Sales Permit shall be suspended for thirty(30)consecutive
business days or the City of Salem Board of Health may revoke the Tobacco and Nicotine
Delivery Product Sales Permit.
II
Regulation of the City of Salem Board of Health
Restricting the Sale and Use of Tobacco Products & Nicotine Delivery
Products
A. Statement of Purpose:
Whereas there exists conclusive evidence that tobacco smoke causes cancer, respiratory
and cardiac diseases, negative birth outcomes,irritations to the eyes, nose and throat
(Centers for Disease Control and Prevention(hereinafter "CDC'), Health Effects of Cigarette Smoking
Fact Sheet, (January 2012)); whereas among the 15.7%of students nationwide who currently
smoked cigarettes and were aged less than eighteen(18) years, 14.1%usually obtained
their own cigarettes by buying them in a store(i.e., convenience store, supermarket, or
discount store)or gas station during the thirty(30) days before the survey(CDC, Youth Risk
Behavior, Surveillance Summaries. 2009,MMWR 2010:59(No.SS-55)at 11); whereas nationally in
2000, sixty-nine(69%) percent of middle school age children who smoke at least once a
month were not asked to show proof of age when purchasing cigarettes (CDC, Youth
Tobacco, Surveillance Summaries. 2000,MMWR 2001:50(No. SS-04)); whereas the U.S.
Department of Health and Human Services has concluded that nicotine is as addictive as
cocaine or heroin(U.S. Department of Health and Human Services.How Tobacco Smoke Causes
Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease:A Report of the Surgeon
General,Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention,National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking
and Health, 2010.); whereas despite state laws prohibiting the sale of tobacco products to
minors, access by minors to tobacco products is a major problem; whereas according to
the CDC, cigarette price increases reduce the demand for cigarettes and thereby reduce
smoking prevalence, cigarette consumption, and youth initiation of smoking (U.S.
Department of Health and Human Services.Reducing Tobacco Use:A Report of the Surgeon General.
Atlanta, GA. U.S.Department of Health and Human Services, Centers for Disease Control and Prevention,
National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,
2000 at 358);
Whereas the 2012 U.S. Surgeon General's Report on Preventing Tobacco Use Among
Youth and Young Adults, reports that in 2005 Ringel, Wasserman, &Andreyeva(U.S.
Department of Health and Human Services,Nicotine Addiction,Atlanta, GA: U.S.Department of Health
and Human Services, CDC, National Center for Chronic Disease Prevention and Health Promotion, Office
on Smoking and Health, 1988) conducted logistic regression analyses to examine whether
increased cigar prices and state tobacco control policies affected the rate of cigar use.
(U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young
Adults,Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking
and Health, 2012 at 706). Using the 1999 and 2000 iterations of the National Youth Tobacco
Survey, Ringel and colleagues analyzed data from 33,632 adolescent participants aged
nine to seventeen. They found that increased cigar prices significantly decreased the
probability of male adolescent cigar use and found that a 10% increase in cigar prices
would reduce the sample's cigar use by 3.4% (Ringel JS, Wasserman J,Andreyeva T,Effects of
Public Policy on Adolescents'Cigar Use:Evidence From the National Youth Tobacco Survey, 95 Am.J.
Pub. Health 995-8(June 1, 2005); whereas according to the CDC's youth risk behavior
surveillance system, the percentage of high school students in Massachusetts who
reported the use of cigars within the past 30 days went from 11.8% in 2003 to 14.9% in
2009 (CDC, Youth Risk Behavior. Surveillance Summaries, 2009.MMWR 2010;59(No. SS-55)at 72;
CDC, Youth Risk Behavior. Surveillance Summaries, 2003.MMWR 2004;53(No. SS-02)at 54);whereas
nicotine levels in cigars are generally much higher than nicotine levels in cigarettes. (Nat'l
Cancer Institute at the Nat'l Inst. of Health, Questions and Answers About Cigar Smoking and Cancer
(Oct. 27, 2010));
Whereas commercial Roll Your Own(RYO) machines enable loose, unpackaged tobacco
to be poured into a machine and placed into empty, unpackaged cigarette tubes to be
inhaled by individuals who smoke them. This procedure provides risk of contamination
of the tobacco and unsanitary conditions in the machine and is injurious to public health;
whereas commercial Roll Your Own(RYO) machines located in retail stores enable
retailers to sell cigarettes without paying the federal and state excise taxes that are
imposed on conventionally manufactured cigarettes (RYO FILLING STATION,
www.tToflllin,zstation.com (Feb. 27, 2012). High excise taxes encourage adult smokers to quit
and deter youth from starting (Kenneth E. Warner, Smoking and Health Implications of a Change in
the Federal Cigarettte Excise Tax, 255 J.AM.MED.Ass 1028(1986),Frank J. Chaloupka&Rosalie
Liccardo Pacula, The Impact of Price on Youth Tobacco Use, in 14 SMOKING AND TOBACCO
CONTROL MONOGRAPHS: CHANGING ADOLESCENT SMOKING PREVALENCE 193(U.S Dept
Health and Human Services et al. eds., 2001)). Therefore, inexpensive cigarettes, like those
produced from RYO machines, promote the use of tobacco,resulting in a negative impact
on public health and increased health care costs, and severely undercut the evidence-
based public health benefit of imposing high excise taxes on tobacco;
Whereas the sale of tobacco products and nicotine delivery products are incompatible
with the mission of health care institutions because they are detrimental to the public
health and undermine efforts to educate patients on the safe and effective use of
medication;
Whereas educational institutions sell tobacco products to a younger population, which is
particularly at risk for becoming smokers and such sale of tobacco products and nicotine
delivery products are incompatible with the mission of educational institutions that
educate a younger population about social, environmental and health risks and harms;
Now,therefore it is the intention of the City of Salem Board of Health to regulate the
access of tobacco products and nicotine delivery products.
B. Authority:
This regulation is promulgated pursuant to the authority granted to the City of Salem
Board of Health by Massachusetts General Laws Chapter 111, Section 31 that 'Boards of
Health may make reasonable health regulations".
C. Definitions:
For the purpose of this regulation, the following words shall have the following
meanings:
Blunt Wrap: Any tobacco product manufactured or packaged as a wrap or as a hollow
tube made wholly or in part from tobacco that is designed or intended to be filled by the
consumer with loose tobacco or other fillers.
1
Business Agent: An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise in charge of said establishment.
Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing
tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under
Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1.
Commercial Roll-Your-Own(RYO) machine: A mechanical device,by whatever
manufacturer made and by whatever name known, that is designed to roll and wrap
tobacco into products. RYO machines located in a private home, used for personal
consumption, are not Commercial Roll-Your-Own machines.
E-Cigarette: Any electronic Nicotine Delivery Product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine
to the user, or relies on vaporization of solid nicotine or any liquid. This term shall
include such devices whether they are manufactured as e-cigarettes, e-cigars, a-pipes or
under any other product name.
Educational Institution: Any public or private college, school, professional school,
scientific or technical institution, university or other institution furnishing a program of
higher education.
Employee: Any individual who performs services for an employer.
Employer: An individual partnership, association corporation,trust or other r
Y � P p, YP organized
group of individuals that uses the services of one(1) or more employees.
Health Care Institution: An individual, partnership, association, corporation or trust or
any person or group of persons that provides health care services and employs health care
providers licensed, or subject to licensing, by the Massachusetts Department of Public
Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods
and services and subject to the provisions of 247 CMR 6.00. Health care institution
includes,but is not limited to, hospitals, clinics, health centers, pharmacies, drug stores,
doctor offices and dentist offices.
Minor: Any individual who is under the age of eighteen(18).
Nicotine Delivery Product: Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or intended for human
consumption, but not including a tobacco substitute prescribed by a licensed physician or
a product that has been approved by the United States Food and Drug Administration for
sale as a tobacco use cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose. Nicotine delivery
product includes,but is not limited to, e-cigarettes.
Permit Holder: Any person engaged in the sale or distribution of tobacco or nicotine
delivery products directly to consumers who applies for and receives a tobacco and
nicotine delivery product sales permit or any person who is required to apply for a
2
tobacco and nicotine delivery product sales permit pursuant to these regulations, or his or
her business agent.
Tobacco Product: Cigarettes, cigars, chewing tobacco,pipe tobacco,bidis, snuff or
tobacco in any of its forms.
Vending Machine: Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment, dispenses or makes cigarettes,
any other tobacco product or Nicotine Delivery Product.
D. Tobacco and Nicotine Delivery Product Sales to Minors Prohibited:
1. No person shall sell tobacco or nicotine delivery products or permit tobacco or nicotine
delivery products to be sold to a minor; or not being the minor's parent or legal guardian,
give tobacco or nicotine delivery products to a minor.
2. Required Signage
a. In conformance with and in addition to Massachusetts General Law, Chapter 270,
Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall
be posted conspicuously by the owner or other person in charge thereof in the
shop or other place used to sell tobacco products at retail. The notice shall be
provided by the Massachusetts Department of Public Health and made available
from the City of Salem Board of Health. The notice shall be at least 48 square
inches and shall be posted conspicuously by the permit holder in the retail_
establishment or other place in such a manner so that it may be readily seen by a
person standing at or approaching the cash register. The notice shall directly face
the purchaser and shall not be obstructed from view or placed at a height of less
than four(4) feet or greater than nine(9) feet from the floor. The owner or other
person in charge of a shop or other place used to sell tobacco products at retail
shall conspicuously post any additional signs required by the Massachusetts
Department of Public Health.
b. The owner or other person in charge of a shop or other place used to sell tobacco
products at retail shall conspicuously post signage provided by the City of Salem
board of health that discloses current referral information about smoking
cessation.
c. The owner or other person in charge of a shop or other place used to sell nicotine
delivery products at retail shall conspicuously post a sign stating that "The sale of
nicotine delivery products to minors under 18 years of age is prohibited."The
owner or other person in charge of a shop or other place used to sell e-cigarettes at
retail shall conspicuously post a sign stating that "The use of e-cigarettes at indoor
establishments may be prohibited by local law."The notices shall be no smaller
than 8.5"by 11" and shall be posted conspicuously in the retail establishment or
other place in such a manner so that they may be readily seen by a person
istanding at or approaching the cash register. These notices shall directly face the
purchaser and shall not be obstructed from view or placed at a height of less than
four(4) feet or greater than nine(9) feet from the floor.
3
3. Identification: Each person selling or distributing tobacco or nicotine delivery products
shall verify the age of the purchaser by means of valid government-issued photographic
identification containing the bearer's date of birth that the purchaser is 18 years old or
older. Verification is required for any person under the age of 27.
4. All retail sales of tobacco or nicotine delivery products must be face-to-face between
the seller and the buyer.
E. Tobacco and Nicotine Delivery Product Sales Permit:
1. No person shall sell or otherwise distribute tobacco or nicotine delivery products at
retail within the City of Salem without first obtaining a Tobacco and Nicotine Delivery
Product Sales Permit issued annually by the City of Salem Board of Health. Only owners
of establishments with a permanent, non-mobile location in Salem are eligible to apply
for a permit and sell tobacco products or nicotine delivery products at the specified
location in Salem.
2. As part of the Tobacco and Nicotine Delivery Product Sales Permit application
process,the applicant will be provided with the City of Salem Board of Health regulation.
Each applicant is required to sign a statement declaring that the applicant has read said
regulation and that the applicant is responsible for instructing any and all employees who
will be responsible for tobacco and nicotine delivery product sales regarding both state
laws regarding the sale of tobacco and this regulation.
i3. Each applicant who sells tobacco is required to provide proof of a current tobacco sales
license issued by the Massachusetts Department of Revenue before a Tobacco and
Nicotine Delivery Product Sales Permit can be issued.
4. The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be determined
by the City of Salem Board of Health annually. All such permits shall be renewed
annually.
5. A separate permit is required for each retail establishment selling tobacco or nicotine
delivery products.
6. Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the
retail establishment in a conspicuous place.
7. No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any
employee to sell tobacco products or nicotine delivery products until such employee
reads this regulation and state laws regarding the sale of tobacco and signs a statement, a
copy of which will be placed on file in the office of the employer, that he/she has read the
regulation and applicable state laws.
8. A Tobacco and Nicotine Delivery Product Sales Permit is non-transferable. A new
owner of an establishment that sells tobacco or nicotine delivery products must apply for
a new permit. No new permit will be issued unless and until all outstanding penalties
incurred by the previous permit holder are satisfied in full.
4
9. Issuance of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned
on an applicant's consent to unannounced, periodic inspections of his/her retail
• establishment to ensure compliance with this regulation.
10. Issuance and holding of a Tobacco and Nicotine Delivery Product Sales Permit shall
be conditioned on an applicant's on-going compliance with current Massachusetts
Department of Revenue requirements and policies including,but not limited to, minimum
retail prices of tobacco products.
11. A Tobacco and Nicotine Delivery Product Sales Permit will not be renewed if the
permit holder has failed to pay all fines issued and the time period to appeal the fines has
expired and/or has not satisfied any outstanding permit suspensions.
12. Maximum Number of Tobacco and Nicotine Delivery Product Sales Permits.
At any given time, there shall be no more than 60 Tobacco and Nicotine Delivery
Product Sales Permits issued in City of Salem. No permit renewal will be denied
based on the requirements of this subsection except any permittee who has failed to
renew their current permit within(30) days of expiration will be treated as a first-time
permit applicant. Applicants who purchase a business that holds a current Tobacco
and Nicotine Delivery Product Sales Permit at the time of the sale of said business
may apply within sixty(60) days of such sale, and if complying with all application
requirements shall receive, the permit held by the Seller if the Buyer intends to sell
tobacco products and/or Nicotine Delivery Products. New applicants for permits who
iare applying at a time when the maximum number of permits have been issued will
be placed on a waiting list and will be eligible to apply for a permit on a"first-come,
first-serve"basis as issued permits are either not renewed or are returned to the
Board.
F. Cigar Sales Regulated:
1. No retailer, retail establishment, or other individual or entity shall sell or distribute or
cause to be sold or distributed a cigar unless the cigar is contained in an original package
of at least four(4) cigars.
2. This Section shall not apply to:
a. The sale or distribution of any cigar having a retail price of more than two dollars
and fifty cents ($2.50).
b. A person or entity engaged in the business of selling or distributing cigars for
commercial purposes to another person or entity engaged in the business of
selling or distributing cigars for commercial purposes with the intent to sell or
distribute outside the boundaries of City of Salem.
3. The Board of Health may adjust from time to time the amounts specified in this
Section to reflect changes in the applicable Consumer Price Index by amendment of this
regulation.
G. Prohibition of the Sale of Blunt Wraps
5
I �
No person or entity shall sell or distribute blunt wraps within the City of Salem.
H. Free Distribution and Coupon Redemption:
No person shall distribute, or cause to be distributed, any free samples of tobacco
products or nicotine delivery products. No means, instruments or devices that allow for
the redemption of tobacco products for free or at a reduced price below the minimum
retail price determined by the Massachusetts Department of Revenue shall be accepted by
any permittee.
I. Out-of-Package :
No person may sell or cause to be sold or distribute or cause to be distributed, any
cigarette package that contains fewer than twenty(20) cigarettes, including single
cigarettes.
J. Self-Service Displays:
All self-service displays of tobacco products and/or nicotine delivery products are
prohibited. All humidors including,but not limited to,walk-in humidors must be locked.
K. Vending Machines:
All tobacco and/or nicotine delivery product vending machines are prohibited.
L. Commercial Roll-Your-Own Machines
All commercial Roll-Your-Own machines are prohibited.
M. Prohibition of the Sale of Tobacco and Nicotine Delivery Products by Health Care
Institutions:
No health care institution located in City of Salem shall sell or cause to be sold tobacco
or nicotine delivery products. No retail establishment that operates or has a health care
institution within it, such as a pharmacy or drug store, shall sell or cause to be sold
tobacco products or nicotine delivery products.
N. Prohibition of the Sale of Tobacco and Nicotine Delivery Products by Educational
Institutions:
No educational institution located in City of Salem shall sell or cause to be sold tobacco
or nicotine delivery products. This includes all educational institutions as well as any
retail establishments that operate on the property of an educational institution.
O. E-Cigarette Use:
The use of e-cigarettes is prohibited wherever smoking is prohibited per M.G.L. Ch.270,
§22 and the Salem Environmental Tobacco Smoke(ETS) regulation.
6
J
P. Violations:
1. It shall be the responsibility of the establishment, permit holder and/or his or her
business agent to ensure compliance with all sections of this regulation pertaining to his
or her distribution of tobacco and/or nicotine delivery products. The violator shall
receive:
a. In the case of a first violation, a fine of one hundred dollars ($100.00).
b. In the case of a second violation within 36 months of the date of the current
violation, a fine of two hundred dollars ($200.00) and the Tobacco and Nicotine
Delivery Product Sales Permit shall be suspended for seven(7) consecutive
business days.
c. In the case of three or more violations within a 36 month period, a fine of three
hundred dollars ($300.00) and the Tobacco and Nicotine Delivery Product Sales
Permit shall be suspended for thirty(30) consecutive business days or the City of
Salem Board of Health may revoke the Tobacco and Nicotine Delivery Product
Sales Permit.
2. Refusal to cooperate with inspections pursuant to this regulation shall result in the
suspension of the Tobacco and Nicotine Delivery Product Sales Permit for thirty(30)
consecutive business days.
3. In addition to the monetary fines set above, any permit holder who engages in the sale
or distribution of tobacco or nicotine delivery products directly to a consumer while his
or her permit is suspended shall be subject to the suspension of all board of health issued
permits for thirty(30) consecutive business days.
4. The City of Salem Board of Health shall provide notice of the intent to suspend or
revoke a Tobacco and Nicotine Delivery Product Sales Permit, which notice shall contain
the reasons therefore and establish a time and date for a hearing which date shall be no
earlier than seven(7) days after the date of said notice. The permit holder or its business
agent shall have an opportunity to be heard at such hearing and shall be notified of the
Board of Health's decision and the reasons therefore in writing. After a hearing, the City
of Salem Board of Health shall suspend or revoke the Tobacco and Nicotine Delivery
Product Sales Permit if the Board finds that any violations have occurred. For purposes
of such suspensions or revocations, the Board shall make the determination
notwithstanding any separate criminal or non-criminal proceedings brought in court
hereunder or under the Massachusetts General Laws for the same offense. All tobacco
products and nicotine delivery products shall be removed from the retail establishment
upon suspension or revocation of the Tobacco and Nicotine Delivery Product Sales
Permit. Failure to remove all tobacco and nicotine delivery products shall constitute a
separate violation of this regulation.
Q. Non-Criminal Disposition:
Whoever violates any provision of this regulation may be penalized by the non-criminal
method of disposition as provided in General Laws, Chapter 40, Section 21 D or by filing
a criminal complaint at the appropriate venue.
7
Each day any violation exists shall be deemed to be a separate offense.
R. Enforcement:
Enforcement of this regulation shall be by the City of Salem Board of Health of or its
designated agent(s).
Any citizen who desires to register a complaint pursuant to the regulation may do so by
contacting the City of Salem Board of Health or its designated agent(s) and the Board
shall investigate.
S. Severability:
If any provision of these regulations is declared invalid or unenforceable,the other
provisions shall not be affected thereby but shall continue in full force and effect.
T. Effective Date:
This regulation shall take effect on September 1, 2012, with the exception of Section F
(Cigar Sales Regulated) which shall take effect on February 4, 2013.
8
r C.� ,�'rz�t� t, 'fi �- -'17L 4y.76/V4AJl7 Vu.7L7.1/I�J.Lda►:y
S a e �
STATE UNIVERSITY
July 9, 2014
aoq�o op 0.�, ,�
Ms. Barbara Poremba pFy�����
Chair,Salem Board of Health Fq�T
120 Washington Street, (4th Floor) y
Salem, Massachusetts 01970
0
Dear Ms. Poremba:
00
As requested of all speakers last evening, I am sending you a letter confirming my comments
,a, about the issue of changing the age of purchasing nicotine products from 18 to 21 years of age.
w As I mentioned during the meeting, I represent Salem State University and its President, Dr.
0 Patricia Maguire Meservey,and we strongly support this change to the Salem Board of Health
0
Regulation 24.
N ,
N Salem State University was the first state university in Massachusetts to go completely tobacco
free, i.e.,the use of any tobacco product is strictly prohibited on campus.Your proposed change
in regulation,we believe, is very complementary to our philosophy of prohibiting the use of
-o
tobacco products on the campus. Significant research has proven the deleterious health effects
nicotine can have on those using such products and the collateral impact that is also
experienced by others exposed to any second hand smoke generated by the product.
It was gratifying to learn that twenty-six other communities in the Commonwealth have already
N raised their nicotine purchasing age to 21.The President and I believe that Salem would be
M joining an ever-expanding group of cities and towns that have made a commitment to improve
M the health and well-being of their residents and guests and in so doing, make their community a
0
more attractive place to live,work and study.
My best regards to you and the other members of your committee as you continue your good
y work on behalf of all the citizens of Salem.
rely,
U
N
Stanley P. Cahill h.D.
Executive Vice President
Salem State University
1
Heather Lyons
From: Beth Rennard
Sent: Tuesday,July 08, 2014 3:18 PM
To: Heather Lyons; Barbara Poremba (bbporemba@hotmail.com); Larry Ramdin
Cc: Victoria Caldwell; Beth Gerard
Subject: RE: Posted Agenda issue
Heather, et al., See ordinance below. From what I understand,you are not sure how long the link to the agenda
was/was not operational on the website. See the ordinance section set forth below. Where you are not sure if the link
problem was a temporary issue or not and where I understand many retailers may be attending the meeting this
evening,if the Bd. goes forward with the hearing tonight,no final action`shouldbe-taken and the hearing .continued fo:a
�- ___ -__ -�w
,date:certa n. The-nevv hearing date shouldxfhen:be%posted7properiy:_N
No public hearing may be held on any matter except pursuant to an agenda published on the
meeting calendar and viewable by the public, as provided in this article. No board, committee or
other multiple-member body may take final action on any matter except pursuant to an agenda
published on the meeting calendar and viewable by the public. Failure to include a matter on an
agenda published pursuant to this article shall be grounds for invalidating any public hearing,
approval, disapproval or other final action on such matter;except that the following actions may be
taken even if the matters are not included on an agenda published on the meeting calendar pursuant
is to this article:
(1)
Decisions by the city council to accept"late-filed" (after noon two days prior to a regular
meeting of the city council)ordinances, and "first readings" and referral to committee for
such late-filed ordinances;
(2)
Review of correspondence, including decisions by the city council to reject appointments by
the mayor;
(3)
Decisions about employing consultants to review applications or projects, or to otherwise
advise the board, committee or multiple-member body; and
(4)
Authorization for a department to pay bills that are otherwise lawfully incurred.
From: Heather Lyons
Sent:Tuesday,July 08, 201412:47 PM
To: Barbara Poremba (bbporemba hotmail.com); Larry Ramdin
Cc: Beth Rennard
Subject: Posted Agenda issue
• Hello Barbara and Larry,Councilor Beth Gerard brought this to my attention today.Just so you are aware no one could
see the agenda I posted on the website last week. For some reason the link was broken even though I posted it like I
normally do. I did remove the old link and reposted it today, it is a working link but I wanted you both to be aware in
case anyone says anything at tonight's meeting. I posted the agenda at the clerk's on Wednesday last week.We do have
i
a city ordinance to uphold so I have copied this email to Beth Rennard to make sure she is aware of this issue. Beth can
you please let me know if this was the right thing to do.
�iincerely,
Principal Clerk
Salem Board of Health
978-741-1800 work
978-745-0343 fax
J-oe (16-
m,�ng►+�tonr
2
�a � s Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
One Winter Street Boston, MA 02Po 7-292-5500
DEVAL L.PATRICK � � RICHARD K.SULLIVAN JR.
Governor e O6y 2 3 2n�L Secret3+y
04RD OPS,ALEM DAVID W.CASK!
Comrnassioner
r�
2014 Annual Notice to Local Boards of Health
Dear Health Agent: June 16, 2014
The Massachusetts Department of Environmental Protection(MassDEP) Drinking Water Program
(DWP) annually provides local boards of health(BOH) with information of interest and an
inventory of all public water systems (PWS) in the Commonwealth for review and comment.
For your convenience, we have reorganized this mailing by topics and placed the items requiring
action by you in Part I: Action Items. One of these action items requires updating your emergency
contact information. Please update and return the attached emergency contact sheet(Attachment
D). Your submission of this information will provide us with your emergency contact information
so that we can effectively communicate with each other and our PWSs during all drinking water
emergencies, especially those that occur outside of normal working hours. You may also provide
us with your emergency contact information by sending an email to me at Program.Director-
DWP@state.ma.us with the subject line: Emergency Contact.
If you have a drinking water emergency that occurs outside of normal working hours (evenings
and weekends), you can contact MassDEP at 1-888-304-1133 (24 hrs, toll-free).
Thank you for continuing to work together with us to protect public health. If you have any
problems accessing links for the DWP, or any questions on the material provided.in this document,
please contact the person listed in the pertinent section or call the regional contact persons listed in
Attachment F on page 28
Sincerely,
Yvette DePeiza, Program Director
MassDEP/Drinking Water Program
Attachments:BOH Update,Private Public Chart,Definition of a PWS,Camp Notification Form,Emergency Contact list,
PWS listing in your town,Regional and Boston DWP Contacts
ecc:MDPH,MassDEP Website
Y:\DWPArchive\BOSTON\Annual BOH letter-statewide-2014-06-16.docx
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1-617-574-6868
MassDEP Website:www.mass.gov/dep
Printed on Recycled Paper
This year the annual update includes information on the following:
Part I :Action Items
Board of Health Emergency Contacts 4
Annual Recreational Camp Requirement 4
Inventory of All Registered Public Water Systems 4
Part 11: How to Determine if a Facility is a Public or Private Systems
Identifying Daycares that Meet the Definition of a Public Water System 5
Property Conversions that Create'.Public Systems 5
Condominium Developments and Public Systems 6
Part III:..Notifications
Emergency Response Notification 6
Ground:Water Rule
7
Boil Orders and Other Public Orders 8
Part IV: Emerging Issues
Control of Legionella in Healthcare Facilities and Other Large Buildings 9
Chlorine Dioxide Secondary Treatment at Hospitals 10
Manganese in Drinking Water 10
Dog Waste 11
Cyanobacteria 11
Water Supply Safety Issues at Local Fairs 11
Part V:Wells
Recommended Guidance for Private.Wells 12
Radionuclide Sampling 13
Well Drillers Program 13
Hydrofracturing Wells 14
Part VI: Lead in Drinking Water
Lead Reduction Act 14
Lead in Drinking Water at Schools and Early Education and Care Facilities 16
Part VII: Underground Injection Control Related
Inventory of Title 5 Systems 16
Local Floor Drain Regulations 17
Page 2 of 29
Part Vill:TNCs
Guides for Owners and Operators of Small Systems 17
Annual Transient Non-Community Water Quality Reports/Regulations 17
Drinking Water Vending Machines 17
Part IX: Plumbing Issues
Cross:Connection Control 18
Point of Entry/Point of Use Treatment Devices 18
Part X: Electronic Info
Electronic Water Quality Data 19
Specific Drinking Water Information on the MassDEP Website 19
• Attachments:
Attachment A 21
Attachment B 22
Attachment C 23
Attachment D 25
Attachment E 26
Attachment F 28
Page 3 of 29
2014 Board of Health Update
Part I: Action Items
Board of Health Emergency Contacts
Please find attached an Emergency Contact Information sheet for your board(Attachment D:page 25). It is
populated with the information we have in our files. If it is correct,no action is needed. If there are
changes to be made please cross out the incorrect information,add the correct information,and send
the sheet.back by July 18,2014,to MassDEP—Drinking Water Program; 1 Winter Street 5t'floor;
Boston,MA 02108;Attn.: BOH Emergency Contact. If the.sheet is blank, please fill out and return to
MassDEP at the above address. You may also respond by email to Program.Director-DWWP@state.ma.us,
Subject: BOH Emergency.Contact. If.you have any question about this information contact Paul Niman at
617-55.6=1166 or Paul;Niman `state.ma.us.
Annual Recreational a Carp Requirement t
BOHs have the responsibility for licensing local recreational camps. Licenses are issued in accordance
with 105 CMR 430.000, which stipulates,"Upon the issuance of a license,the local board of health shall
notify Massachusetts Department of Environmental Protection and the Massachusetts Department of
Public Health. Said notification shall include the name and address of the camp,.the name of the owner,
the number of campers and staff,and the number of days per year that the camp will be.in operation."
Please remember to submit this information to MassDEP by July 18,2014,using the attached form
(Attachment C: page 23 ).
Information on drinking water requirements and campgrounds is available on the MassDEP.website at
http://www.mass.gov/ee, /docs/dep/water/drinkino- alpha/a-thru-h/cmdfs.doc .You may also contact Suzanne
Robert at 617-292-5620,or Suzanne.Robert@state.ma.us. Alternately;you may contact the regional staff
listed in Water Supply Safety Issues at Local Fairs on page 12.
Inventory of All Registered Public Water Systems
Please find attached to this letter a list of PWS in your city or town(Attachment E: page 26). An
electronic list of all PWS is available at
http://www.mass.gov/eea/agencies/massdep/water/drinking/healtli-and-safely.html#3 then click on MA
Public Water Supplier Contacts. e Town.This information is provided to make you aware of all
csSort Sorted pp . Y p
of the PWSs in your city or town that are registered with MassDEP. Please review this information for
any discrepancies. Discrepancies may include the following:
■ Systems should be added to the list if the facility meets the definition of a PWS: has at least 15
service connections or serves an average of at least 25 individuals daily at least 60 days of the
year.
■ Systems should be deleted from the list if the facility no longer has its own well or source of
water.
■ Systems are currently listed as "Inactive" but have re-opened and should now be listed as
"Active." An "Inactive" designation suspends MassDEP's requirements such as water quality
testing and certified operator requirements. It is recommended that licensing departments and
agencies contact MassDEP to verify compliance with MassDEP drinking water requirements
prior to issuance of licenses or occupancy.
■ Changes in address and ownership.
Please update and return the list by July 18,2014,to MassDEP-Drinking Water Program, 1 Winter
St., 5`h Floor, Boston, MA, 02108; Attn.: BOH Update. You may also respond by email to
Program.Director-DWP(cr�,state.ma.us, Subject: BOH update. If y6u have any questions on this
information contact Andrew Durham at 617-574-6855 or Andrew.Durham@state.ma.us.
Certificate of Registrations
DWP is no longer mailing out a Certificate of Registration to every public water system in the state.This
certificate is very useful for some PWSs especially Transient Non-Community(TNC)systems. When a
survey or an audit is being done or even when applying for permitting or being inspected by a local BOH,
this certificate may need to be produced for the agency official to verify.
To conserve resources these Certificates.of Registrations have now become electronic. If a PWS does not
have internet access and need'a certificate a hard copy can be printed out and mailed to them.
For a PWS to get their certificate electronically,they need to know their PWS identification (ID)number,
then go to: http://www.rriass.gov/eea/agencies/massdep/water/drinking/certificate-of-registration.htmI .
Then click on their PWS ID#and name from the pull down menu and then click the"Get Certificate"
button. The certificate can then be printed. If a PWS does not remember its ID#it can check the
electronic list of PWSs located at http://www.mass. ov/eea/agencies/massdep/water/`drinking/health-and-
safe, .lty itml#3 then click on MA Public Water Supplier Contacts Sorted by Town.
Each.January,the current year's Certificate of Registration will be posted and ready for retrieval. Only the
current year will be posted. PWS should print and file copies if they wish to keep copies of past years'
certificates.
Part II: How to. Determine if a Facility is a Public or Private System
To help the BOH quickly determine whether a facility is a public or private water system, a flowchart has.
been attached for your use(Attachment A, page 21). We encourage you to post this flowchart for easy
reference. An electronic copy of the chart is also available at
.y;
http://www.mass.gov/eea/docs/dep/water/compliance/privpubl.pdf.
If a facility is a PWS and it is not currently registered with MassDEP then the facility must be added to
the inventory list(see Part.I:Action Items)and referred to MassDEP for oversight. If you have any
question on this information contact the DWP at 617-292-5770 or Program.Director-DWPna state.ma.us.
Attachment B is an excerpt of the Massachusetts Drinking Water Regulations 310 CMR 22.02 containing
definitions of what constitutes a PWS and the different categories of PWSs(page 22).
Identifying Daycares that Meet the Definition of a Public Water System
Recently MassDEP identified several daycare facilities that were unregistered PWSs. These daycare
facilities serve 25 or more persons, at least 60 days a year and had their own source of drinking water
(e.g., a well). If a daycare facility with its own source of water is licensed/permitted to have.a total of 25
or more children and childcare workers, it must be added to the inventory list requested in Part 1 and
referred to MassDEP for registration to ensure compliance with 310 CMR 22.00 and all applicable
MassDEP standards, permits, and approvals. Daycares that meet the definition of a PWS but are not
currently registered with MassDEP will be subjected to enforcement action(which may include a
monetary penalty). Please contact Kenneth Pelletier at 617-348-4014 or Kenneth.Pelletier@state.ma.us
for more information on daycare regulations. You may also contact the Massachusetts Department of
Early Education and Care at http://www.mass.gov/edu/government/depart►nents-and-boards/depart►nent-
of-early-education-and-care/
Property Conversions that Create Public Water Systems
As properties continue to change their locally permitted functions, BOH must be vigilant in determining
when a conversion will result in the creation of a PWS or a change in the type of PWS. If a facility that is
Page 5 of 29
currently classified as a private water supply proposes or initiates any changes in the use of the
establishment that would cause the system to be classified as a PWS,the facility must meet all applicable
MassDEP standards, and obtain the proper MassDEP permits and approvals. Some examples of changes
that may affect their drinking water status include:
■ A change in number of permitted occupancy, e.g., increasing the number of children and.staff at a
daycare or business to 25 or more persons per day.
■ A change in type of permitted occupancy,e.g., changing from a residential home to a daycare or
doctor's office. Changing from a small office or gas station to a daycare,coffee shop,restaurant,
or other facility that may serve beverages,handle food,require food permits,or supply water to
25 or more persons on average per day.
Proponents creating any new or potential PWS or changing their PWS type should be directed to contact
MassDEP, as they would be subject,to 3.10 CMR 22.00 and all applicable MassDEP standards, permits,
and approvalsz. It should also be noted that if a,proponent subsequently creates and/or operates a facility
as.a..PWS prior to obtammg Mass.DEP approvals,the:facility owner(s)and.operator(s)would be subject to
enforcement action(mcludzng monetary penalties) If:you have any'question on a property conversion.
please contact the DWP regional staff listed under New System Registration in Attachment F on page 28.
y
Condominium Developments and Public Water Systems
Please be aware that some types of construction, such as residential or business condominium
developments, which propose to use two or more wells to serve the on-site facilities so that each well
serves less than 25 persons per day,may still be considered PWSs. With an increase in development
throughout the state,these cases may come before the BOHs as private well proposals. In these cases,the
applicant should be.referred.to MassDEP for a written determination of public or private water system
status during the design.phase, and/or prior to the issuance of local permits. This information should be
communicated to your local planning office, planning board,building inspector's office,and to the
applicant as it could substantially change the outcome of the project.
From 310 CMR 22.02 Definition of a PWS:
MassDEP "...reserves the right to evaluate and determine whether two or more wells located on
commonly owned property, that individually may serve less than 25 people, but collectively serve more
than 25 people for more than 60 days of the year should not be regulated as a public water system, taking
into account the risk to public health."
For any questions or clarifications.on PWS definitions and applicable permitting.requirements, either .
generally or for a specific project, please contact your MassDEP regional office(see Attachment F on
page 28)for technical assistance.
Part III: Notifications
Emergency Response Notification Requirements
The Massachusetts Drinking Water Regulations, 316 CMR 22.00, in specific notification
requirements for reporting.emergencies to MassDEP and the local board of health. The regulations
identify specific incidents or emergencies that require notification.within 2 hours and 24 hours. Section
310 CMR 22.15(9)requires each PWS to notify MassDEP and the local BOH after the occurrence of
any of the following incidents or emergencies that result in the consumers of the system receiving water
that does not meet required or routine quantity or quality conditions*.
1. .Emergencies or incidents requiring notification within 2 hours:
a. . Loss of water or drop in pressure to less than 20 psi, affecting 50% or more of
consumers for a system serving less than 10,000 persons
Page 6 of 29
ib. Loss of water or drop in pressure to less than 20 psi, affecting 5,000 or more of
consumers for a system serving.10,000 or more persons
c. Chemical or microbiological contamination of the water supply in exceedence of
limits specified by MassDEP's Office of Research and Standards as set forth in the
Standards and Guidelines for Contaminants in Massachusetts Drinking Waters.This
document is available at
http•//www mass gov/eea/agencies/massdep/water/drinking/standards/standards-and-
gu idel ines-for-drinking-water=contaminants.htm l
d. Discovery of malicious intent or an act of vandalism,which may impact a system
component
e. Any consumer complaint in which the water may have caused physical injury
f. A pattern of unusual customer complaints about the water quality such as taste, odor,
etc.
g. Any other emergency as determined by MassDEP in writing
2. Emergencies or incidents requiring notification within 24 hours:
a. Loss of water supply from a source
b. Loss of water supply due to major component failure
c. Damage to power supply equipment or loss of power
d. Contamination of water in the distribution system from backflow or cross connection
incident
e. Collapse of a reservoir, reservoir roof,or pump house structure
f. Break in a transmission or distribution line that results in a loss of service to 100
consumers for more than four hours
g. Chemical or microbiological contamination of the water supply, including overfeed
of drinking water`treatment chemicals
h. Any other failure of part or all of the water supply system due to equipment failure,
human acts(deliberate or accidental),or natural or human made disasters
More information on the Emergency Response Regulations is available at
http•//wwv mass gov/eea/agencies/massdep/water/drinkin /g emerizency- response-regulations.html. If you
have any question about this information contact Paul Niman at 617-556-1166 or Paul.Niman@state.ma.us.
To report an emergency situation outside of normal business hours(evenings and weekends)you
can contact MassDEP at 1-888-304-1133 (toll-free,24 firs).
Ground Water Rule
In 2009,MassDEP adopted a new federal Safe Drinking Water Act regulation,the Ground Water Rule
(GWR). The rule is intended to increase public health protection against potential viral contamination in
all PWSs—regardless of size or type-using ground water sources(wells). Over 1,400 Massachusetts
PWSs were required to comply with the rule by.December 1, 2009. All PWSs that do not remove or kill
99.99%of viruses through state approved treatment processes must test their source water(well)for E.
soli or enterococci(fecal indicator)each time the PWS is notified of a total coliform positive sample
collected under routine Total Coliform Rule bacteria monitoring.
If the source(well)sample is positive,the PWS must initiate public notification within 24 hours;this is a
federal rule and federal public notification requirement. Boil orders and do not drink orders may be
associated with the public notification. The PWS must then take an additional five samples at the source.
If all five follow-up samples are negative,the public notice and associated requirements are terminated.
Please note that public notice is REQUIRED after the first positive source(well)sample.. This is a new
li practice for PWSs which may result in consumer questions. MassDEP has prepared standard public
notice language to assist water systems,BOH, and consumers. Public notice information is located at
Page 7 of 29
http://www.mass.p,ov/eea/agencies/massdep/water/drinking-/public-notification-reps-templates.html click
on the GWR templates. If MassDEP determines that the well is contaminated,the source of
contamination must be eliminated or the deficiency in design must be corrected; if not,the PWS must
install or increase treatment.
If you have questions on the GWR, please contact Frank Niles at 617-574-6871 or
Frank.Niles@state.ma.us. Please look online for GWR information at
http:/./www-.mass.gov/ee,a/aigencies/massdep/water/drinkiii new-reizulatioli-notice-ground-water-
rule.html
Boil Orders and Other Public Health Orders
There are 3 types of public health orders issued by.MassDEP. During any of these orders,bottled water or
water from.an approved MassDEP source may be used during the period of concern.
• Boil Water Order
• Do Not Drink Order.
• Do Not Use Order
Boil Orders are issued by MassDEP to the.PWS to,notifyconsumers to boil the water or use water from
another approved source:This occurs when,a PWS exceeds or has the potential to exceed the standard for
total coliform bacteria or a fecal indicator. During this type of situation there is no other identified public
health risk due to inhalation, skin irritation, or flammability.
Do Not Drink Orders are issued by MassDEP when there is a suspected or known synthetic organic
compound (SOC), inorganic compound(IOC),volatile organic compound(VOC),or radiological
contamination in the drinking water. Continued drinking or other human consumptive uses of the water
would or could pose an immediate threat to health.During this type of situation there is no identified
public health risk due to inhalation,skin irritation,or flammability.
Do Not Use Orders are issued by MassDEP when there is or may be an unknown chemical,radiological
or other unknown contamination and there may be a risk from inhalation, skin irritation,or flammability.
A Do Not Use Order may also be issued for a known chemical or radiological contamination that exceeds
an immediate health and/or safety risk e.g., gasoline in the water.
What happens when sample results or a situation indicates the need for a public health order?
• The PWS informs MassDEP and their local BOH within 2 hours of learning of the problem.
• MassDEP consults with the PWS and determines the appropriate course of action in accordance
with Federal and State Drinking Water regulations.The local BOH is made aware of the situation
and may participate in discussions with MassDEP and the PWS. MassDEP verbally notifies the
PWS of the issue and issues a written order to the PWS within 24 hours or as soon as possible.
The order always includes the actions consumers should take with the drinking water and
steps the PWS must take to protect the public health, monitor the situation,and correct the
problem.MassDEP keeps Massachusetts Department of Public Health(MDPH)and US
Environmental Protection Agency(EPA) informed throughout the situation.
• MassDEP lists all public health orders on its webpage. If the order is issued on a normal business
day the information is on the web within 24 hours. If the order is issued on a weekend or a.
holiday the information is on the webpage within 24 hours of the first business day following the
issuance of the order.This information is.located at
http://public.dep.state.ma.us/BoilOrder/Search.asp-
How are consumers notified of a MassDEP public health order or advisory? .
The PWS is required to issue a MassDEP approved notice within 2 hours of receipt of the MassDEP
notification of the situation or receipt of the written order,whichever occurs first,by the following means:
Page 8 of 29
• Broadcast media(radio,television, newspaper)
• Posting the notice
• Hand delivery
• Any other method approved by MassDEP e.g., reverse 911
To expedite the consumer notification process MassDEP has pre-approved template notices available for
use.
Where can I get information on Boil Orders and other,MassDEP public health orders?
Most frequently asked questions and other information is available on the MassDEP website at
http://www.m.ass.gov/dep/water/drinking/boilordr.litin.
What instructions should a food establishment follow during a drinking water order?
MDPH has specific guidance for food establishments. Restaurants and other food establishments must
follow the MDPH Guidance for Emergency Action Planning for Retail Food Establishments. This
information is available on the MDPH website at
http://www.mass.gov/eohhs/does/dpli/environmental/foodsafety/emergency-action-p l ans.pdf
All questions on food establishment requirements should be referred to the MDPH Food Protection
Program at 617-983-6700.
How can MassDEP,the PWS,and the BOH assist each other with drinking water orders?
BOH and health officials should be familiar with the MassDEP required Emergency Response Plan
(ERP)for each of the PWSs in their community. For more information on ERP visit
http://www.mass.gov/eea/do6s/dep/water/drinking/alpha/a-thru-li/erplan.pdf. At a minimum, MassDEP,
BOH, and PWSs must share up-to-date contact information so that all parties can be kept informed when
a public health order is necessary. Here are a few steps that will go a long way to help PWSs and BOH
address emergencies and other public health orders:
• Before an order or emergency,occurs-PWS and BOH should work and train together on the
_ • PWS's ERP. Follow all applicable MassDEP regulations, policies,and guidance to maintain a
fully compliant system.
• Duxing an order—The PWS and BOH should follow the PWS's ERP and the MassDEP Order.
Tin• After a situation—The PWS and BOH should evaluate the situation and make adjustments to the
ERP as needed. The PWS and BOH should continue working and training together on the ERP.
MassDEP DWP Contacts
Look under Boil Orders on Attachment F on page 28 for regional contact information.To contact
MassDEP after regular business hours call 888-304-1133.
For questions regarding public health orders listed on our webpage,please contact Tio Yano at 617-292-
5843 or Tio.Yano@state.ma.us.
Part IV: Emerging Issues
Control of Legionella in Healthcare Facilities and Other Large Buildings
In the last several years there has been a increasing number of healthcare facilities(e.g., hospitals and
nursing homes), and hotels in the U.S.that are providing secondary disinfection to their water to prevent
outbreaks of several pathogens(primarily Legionella pneumophila)known to grow in the biofilms of the
plumbing of large buildings. These pathogens grow best where the water temperature in the pipes is
above 68' F and have been found in cooling towers, hot tubs and hot water tanks. Healthcare facilities
are particularly concerned about Legionella because older people, and those with weakened immune
systems, are especially vulnerable. More information on Legionella can be found on the Center for
Disease Control's website at: http://www.cdc.pov/legionella/index.html
Page 9 of 29
An healthcare facility that intends to install and operate a permanent disinfection treatments stem
Y h' P P Y
would be considered a PWS and would require prior MassDEP approval. Any facility that intends to
perform shock disinfection on a temporary basis would not be considered a.PWS, but would need to
contact the local water authority and have the procedure overseen by a consultant/engineer. In addition to
contacting MassDEP, any facility considering secondary disinfection would also need to contact both the
MDPH and the local Health Agency.
Chlorine Dioxide Secondary Treatment at Hospitals
Recently, companies that manufacture chlorine dioxide treatment have inquired about the process for
installing this treatment at local hospitals. Some hospitals may want to add chlorine dioxide as a
secondary disinfectant to their water supply because it helps'to control pathogens such as Legionella
pneurnophila, Stenotrophomonas maltophilia, and Mycobacterium avium complex. We want.you be
aware that a hospital,that linstalls chlorine dioxide as secondary treatment:-Will be regulated by MassDEP
as a PWS..A hospital is covered by the federal and state drinking water standardsif the hospital adds any
form of additional,(chemical)treatment fo the.water wlen.it_enters.tlie buildingccording to the EPA, .
who regulates the`amount of chlorine dioxide.in drinking water because of the potential health risks`
associated with its use,.has identified the following issues:
• Certain populations i.n hospitals are particularly susceptible to health risks from chlorine dioxide,
including fetuses, infants,and those with compromised immune systems.
• Short-teen exposure to.excessive levels of chlorine dioxide can damage red blood cells and can
produce neurotoxic effects in vulnerable populations. Other acute health effects include irritation
of the,mouth, esophagus, and stomach.
• Long-term exposure to chlorine dioxide and its byproduct, chlorite ions,can lead to an increased
risk for certain types of cancer and developmental effects.
If you are aware of any facility that has introduced chlorine dioxide as a secondary treatment please
contact.Frank Niles at,627-574-6871 or the DWR program at Program.Director-DW.P@state.ma.us.
Manganese in Drinking Water
Based on the EPA Health Advisory(HA) level for manganese in drinking water MassDEP Office of
Research and Standards(ORS)has set a Guidance level(ORSG). Manganese is a naturally occurring
mineral and is an essential nutrient in our diets. Recent studies have identified possible public health risks
associated.with the ingestion of elevated levels of manganese,especially among infants and young
children.
As a precaution, MassDEP in conjunction with the MDPH provided tips for reducing exposures for
susceptible individuals to manganese at concentrations.greater than advisory levels. PWSs are currently
conducting baseline monitoring for manganese. For more information on manganese including a
consumer Q&A see: http://www.mass.gov/eea/agencies/massdep/water/drinkin manganese-in-drinking-
water.html,or contact Margaret Finn at 617-292-5746 or Margaret.Finn@state.ma.us for more
information.
wrl
pos�reerio vE O
mg .
%
General population Lifetime 0.3.
.General population::: 10-day Lo
Infants/children less than 1 < 10 days 0.3
year of age (Address within 10 days or sooner
ifpossible)
Page 10 of 29
Dog Waste
Residents should be reminded to pick up and dispose of their dog's waste whether on their own property
or on public property. The average dog generates 3/4 of a pound(lb.)of waste per day. That'/4 Ib.
contains about 7.8 billion fecal coliform. Fecal coliform can contaminate public and private drinking
water supplies and ground water in general. As more and more communities undertake the task of
designing a dog park, one of the most important considerations is the proper disposal of pet waste. Pet
owners should know that dog waste contains a long list of bad bugs, in fact 23 million microorganisms of
bacteria as well as parvovirus, roundworm,tapeworm and e.coli.
When left on.the ground,rain water can easily wash dog waste into lakes and rivers or leach it into the
water table. Not only does this negatively impact the ecosystem, but if it enters a public or private
drinking water source it can present a serious public health threat. At a minimum,a dog park design
should include a waste eliminator station and posted notices throughout the park reminding owners to
pick up after their pet. Some communities post fines and even the threat of being banned from the park if
they leave waste on the ground. MassDEP is developing a fact sheet to help communities protect their
drinking water quality when designing a dog park. It should be available in in the fall 2014, look for it on
http://www.mass.gov/eea/ap,encies/niassdep/water/drinkinp,/source-water-protection-for-drinkin -water-
supplies.html
Cyanobacteria
Cyanobacteria(once called blue-green algae)blooms are increasing in water bodies in Massachusetts,
including in public water supplies. Higher water temperatures, seasonal changes in water flow, increased
carbon dioxide levels, and other factors lead to increased numbers of cyanobacteria. Large populations of
cyanobacteria cause problems for drinking water operators. These problems include taste and odor issues
and the production of cyanotoxins. BOHs are asked to contact,and work with,their local water supplier
if cyanobacteria issues are identified in public water supplies.
In addition to the risk of ingestion,cyanobacteria; under the right conditions,can also pose a health risk to
those coming into contact with blooms in pond water at recreational camp facilities. For more detailed
guidance hy MDPH on evaluating the potential health concerns related to the presence of cyanobacteria in
recreational freshwater bodies,see
http://www.mass.gov/eohhs/docs/dph/env ironmental/exposure/protocol-eyanobacteria.pdf
Four Worcester Polytechnic Institute students will.be working with the DWP during 2014 on a study
about the potential for cyanobacteria to impact ground water wells under the influence of surface waters
and.actions to take to address that issue. For more information contact Kathy Romero at 617-292-5727 or
Kathleen.Romero@state.ma.us.
Water Supply Safety Issues at Local Fairs
MassDEP recommends the following procedures to help BOH provide oversight of private water supply
sources used for public drinking water at local,county, and state fairs. Currently,these sources may not
be regulated by MassDEP as a public water source and are more commonly regulated by MDPH and the
BOH.
The recommendations listed below should be considered part of the local permitting process for these
events. They are intended to help prevent waterborne disease outbreaks.
■ A buffer area of at least 100 feet should be established around wells.No animal shelters,animal
feed lots, animal waste disposal, septic systems, portable sanitary facilities, chemical or fuel
storage,or vehicle parking should occur within this buffer zone.
Page 11 of 29
■ Event operators should work with a certified drinking water operator at least 30 days prior to the
opening of each fair to assure that water sources and all water lines are thoroughly flushed and
disinfected.
■ Total coliform bacteria samples should be collected and the samples must test"absent"for
coliform bacteria. Coliform samples should be collected 30 days prior to the event and again at
least 1 week prior to any use of the water system. Coliform bacteria samples should continue to
be collected and analyzed during each seven-day period the fair is in operation,or as determined
by the BOH as a result of a site-specific inspection. Samples for nitrate and nitrite should also be
collected 30 days prior to the event and again at least I.week prior to any use of the water system.
If any contaminants are detected, or.if site-specific criteria require it,additional sampling may be
required.
■ Only use piping and plumbing materials approved by the Massachusetts Plumbing Board for
potable water use.
■ A.Massachusetts'e6tified:laboratory must perform all testing.To locate a`certified lab and
certified drinking water operator in your are a;'visit the following websites or contact your
regional MassDEP office;._
http://license.reg;state.ma.us/loca/locaProf.asp(Find a Certified Operator)
http://www.state.ma:Us/regjboards/dw/emr.htm (Board of Certified Operators)
http://www.mass. og v/dep/water/drinking/certifie.htm (List of Massachusetts Certified Labs)
Information on securing private sources.of drinking water at local fairs is available on the MassDEP
website at http://www.mass.gov/eea/docs/dep/water/drinkinWalpha/a-thru-li/fairfs,do.c . You may also
contact Suzanne Robert at 617-292-5620 or Suzanne.Robert@state.ma.us.
Alternately,you may contact the regional offices at:
Western Regional Office Northeast Regional Office Central Regional Office Southeast Regional Office
Doug Paine 413-755-2281 James Dillon Kelly Momberger Karen Dube 508-946-2720
Douglas.Painenstate.ma.us 978-694-3231 508-849-4023 Karen.Dube@state.ma.us
James.Dillon@state.ma.us Ke11y.Momber era,state.ma.us
Part V: Wells
Recommended Guidance for.Private Wells
Over the last ten years,.we have updated our recommendations on water quality sampling to keep current
with the latest available information on private well testing. In the MassDEP Private Well.Guidelines,
DWP has sampling recommendations for private wells in tables 8, 9, 10, and 11 in the"Water Quality and
Water Testing"chapter. These tables can be accessed at Private Wells Testing Parameters and
Frequency Guidelines at http://www.mass.gov/eea/docs/dep/water/laws/i-thru-z/priwells.pdf.
Please note that recommended concentration limits in these tables are subject to change based on new
research and updated reviews.The MassDEP ORS document Standards and Guidelines for Contaminants
in Massachusetts Drinking Waters
(http•//www mass gov/eea/agencies/massdep/water/drinkinWstandards/standards-and-guidelines-for-
drinking-water-contaminarits.httnl) should be reviewed by the BOH each year. It contains updated
concentration limits;and general information on contaminants in public drinking water and would be a
good source of information for local BOH-decision-making on,private wells. For example, EPA has
developed a Lifetime Health Advisory for manganese in drinking water of 0.3 milligrams per liter(mg/L).
For more information on this advisory.,see Manganese in Drinking Water on page 10. Also, in 2006
MassDEP established a Maximum Contaminant Level (MCL)for perchlorate at 2.0 micrograms per liter
Page 12 of 29
(ug/L)(or 0.0020 parts per million(ppm)), lowered the arsenic MCL to 10.ug/L(0.010 ppm),and
developed guideline limits for tertiary-amyl methyl ether(TAME)and tertiary-butyl alcohol(TBA)-
gasoline derivatives:
Many of the local BOH Private Well Regulations were originally adopted over a decade ago and the
water quality sampling sections have become outdated and are in need of revision in order to be .
protective of public health. We have posted a Model BOH Private Well Regulation on the MassDEP
Private Well website at http://www.mass.gov/eea/docs/dep/water/drinking/alpha/i-thru-z/modwell.pdffor .
guidance in updating your regulation. Contact Suzanne.Robert@state.ma.us at 617-292-5620 if you have
any questions,or if you would like assistance in revising your Private Well Regulation.
As a reminder, Section 31 of MGL 111 and Section 8 of MGL 21 A requires BOHs to file attested copies .
of all local regulations affecting public health, including any changes to a Private Well Regulation with.
the Central Registry of the MassDEP Watershed Permitting Group in Boston. DWP is trying to compile a
separate library of current Private Well regulations, and would appreciate a courtesy hard and/or
electronic copy of the revised regulation to be sent to Suzanne..Robert@state.ma.us.for our files at the
same time.
Radionuclide Sampling
The Well Driller Program has become aware of radionuclide treatment systems being placed on private
wells without having a full set of analyses. MassDEP's recommended approach is to first test for gross
alpha. If the is gross alpha result is less than 5 picocuries per liter(pCi/L)then no testing for radium 226,
radium 228, or uranium is needed because the results will be below the drinking water standards. If the
gross alpha result is equal to or greater than 5 pCi/L,then testing for radium 226 and radium 228 should
be done. If the is gross alpha result is equal to or greater than 15 pCi/L then testing for uranium should
also be done.The concentration of radioactive minerals in well water can vary substantially based on
rainfall and other factors. For this reason,at least two samples(taken a month or two apart, if possible)
should be taken before conclusions are reached regarding the average concentration of any radionuclide.
Treatment,-systems for radionuclides should be designed to specifically mitigate the radioactive mineral(s)
that exceed.the drinking water standards indicated by the water analysis. Using a mixed resin bed to treat
all possibg'radionuclides,rather than using the resin type specific to the radionuclide of concern can be .
problematic. Due to the ability of the mixed resins to treat a variety of contaminants by design, the resins
may become saturated early on by other less hazardous contaminants and allow for the breakthrough of
the radionuclide of concern. The early saturation and breakthrough will also result in the more frequent
need to replace or regenerate the resin.material.The waste from the regeneration process,which may be
radioactive,.must be disposed of in accordance with local and federal regulations. In the long run,what
may seem like a cost savings initially by not getting all of the analyses done,or overdesigning the
treatment system may end.in expensive disposal costs or a potential health risk.
A factsheet with more information on radionuclides in,drinking water can be found on our website at:
http://www.mass.aov/eea/agencies/massdep/water/drinking/fact-sheet-for-radionuclides-including-
uranium-in-drin.html.If you have any questions concerning these recommendations, feel free to contact
Steve Hallem(at 617=292-5681 or Stephen.Hallem@state.ma.us) or Suzanne Robert(at 617-292-5620 or
Suzanne.Robert@ state.ma.us).
Well Driller Program
MassDEP has initiated.a quarterly Well Drillers e-newsletter that will begin this summer. Are you
interested in receiving an e-copy of the MassDEP Well.Driller Newsletter? If you are, send an email to
Program.Director-DWP@state.ma.us with the subject line: Well Driller Newsletter.
Since MassDEP took over the Well Driller Program,we have seen an increase in the number of BOH's
that check the certification of the person applying for a permit to drill a well. Well driller certification
Page 13 of 29
ensures the well is being installed by a professional who has passed the required tests and has experience
to do the work:A properly installed well will protect water quality and the source water. A certified well
driller must-also prepare a Well Completion Report(WCR). The WCR records the location,owner,
important facts about the well such as depth and the amount of water produced. This info goes into a
database available to engineers and others doing work in the area; allowing for.better protection of the
waters of the Commonwealth.
You.can review Well Completion Reports submitted to the Well Driller Program for wells in your town in
the SearchWell database at http:Hwww.iiiass.gov/eea/agencies/massdep/water/drinkinp-,/well-driller-
pro gram-searchwe l l.htm l
A list of-certified drillers is updated periodically and can be found at
http://www.mass.gov/eba/agencies/massdep/water/drinking/wel l-drillers-program:html
Should you.become aware of a.driller operating in your area without the proper,Massachusetts
certification.or if you need any assistance please visifour website or call or email Steve Hallem at 617
292-5681 or StephenMallem@k:ate:rna:us.
Hydrofracturing Wells
Much concern has been,expressed lately about the contamination of groundwater as a result of a new
method natural gas producers are utilizing called high-volume horizontal fracturing(hydrofracking)to
release gas locked in untapped shale formations in'the eastern United States. This process is primarily
being used to produce gas in the Marcellus Shale,a large gas deposit that underlies parts of western New
York, Pennsylvania, West Virginia and eastern Ohio. These productive hydrocarbon deposits do not
exist in Massachusetts or.the other New England states. This type of fracking is not authorized under
MassDEP,regulations.
Although similarly named, the process sometimes employed by Massachusetts well drillers to improve
the yield of bedrock water wells is different and does not.pose risks to the environment. Hydrofracking
performed by local well drillers is a water well development process that involves injecting potable water
under high pressure into the bedrock for the purpose of increasing the well's yield. Potable water is used
to pressurize the well. By injecting water under high pressure,fine particles and rock fragments from
existing bedrock fractures are flushed, increasing the flow of water to the well. Well yield increases by
hydrofracking are generally modest, usually in the range of 0.5 to 5 gallons per minute(gpm)making this
process more applicable to low yield domestic wells. Although the procedure is most frequently used on
new deep bedrock wells, it.is occasionally used on older existing wells that have progressively diminished
recovery rates over time, which is usually caused by mineralization and incrustation.of rock fractures..
Because of the modest increase in yield realized by this process,this technique is seldom applied to public
bedrock water supply wells.
For more information please contact Paul Blain at 617-292 5948 or Paul.Blain@state.ma.us or Steve
Hallem at 617-292-5681 or Steve.Hallem gstate:ma.us.
Part VI: Lead in Drinking Water
Lead Reduction Act
In January 2011,President Barack Obama signed into law The Reduction of Lead in Drinking Water Act
(Lead Reduction Act), which amends Section 1417 of the Safe Drinking Water Act. The Lead Reduction
Act changes the definition of"lead-free"from 8.0 percent to 0.25 percent.The Lead Reduction Act went
into effect on January 4 2014 arid requires pipes pipe fittings;plumbing fittings,and fixtures to be"lead
free:
Page 14 of 29
The Safe Drinking Water Act states the following:
"it[is]unlawful for any person to introduce into commerce any pipe, or any pipe or plumbing,fitting or
fixture that is not leadfree."and "no person may use any pipe, any pipe or plumbing fitting or fixture, any
solder, or any flux, in the installation or repair of any public water system or any plumbing in a
residential or nonresidential facility providing water for human consumption that is not lead free."
Lead is not normally found in source water, but can enter drinking water systems through the corrosion of
the pipes and plumbing fixtures. Regulatory efforts to reduce the presence of lead in drinking water tend
to focus on the lead content of drinking water system components.The federal law applies to any product
used in systems where water is anticipated to be used for human consumption.
GUIDANCE:
EPA has provided the following guidance for PWSs to assist them in implementing the Lead Reduction
Act..
1. Existing Stock of Materials: After January 4,2014,the Lead Reduction Act prohibits the"use"
of"any pipe, any pipe or plumbing fitting or fixture, any solder,or any flux, in the installation or
repair of any public water system... providing water for human consumption that is not lead
free." Therefore, if any public water system carries existing stock of materials not meeting the
new definition of"lead free", then such materials may not be used after January 4,2014.
2. Valves and Hydrants: EPA has indicated that valves over 2-inches and hydrants will be exempt.
3. Water Meter Change-out/Repair: EPA staff did not articulate a clear position on water meter
repairs/change-outs,except that if a meter is repaired,then the replacement parts inserted into the
meter must meet the new definition of"lead free"after January 4,2014. However,the written
guidance from EPA may indicate that once a meter is removed for repair, it cannot be returned to
service after January 4,2014, unless the entire unit meets the new definition of"lead free."
4. Seasonal Water Meters: EPA has decided that a seasonal meter removed from service in the
Fall of 2013 may be placed back into service in the Spring of 2014.
` ACTIONS-TO EMPLOY NOW:
• Public water systems should check their inventory to.determine if their existing stock of materials
meets the revised definition of"lead free."Any inventory that does not meet the revised
definition of"lead free"cannot be used after January 4, 2014.
• Take time to research the specific language within this new federal law. Professional associations
or federal representatives may offer guidance or support.
• Understand which water system components are affected by the"lead free" requirements and
which fall under the exemptions.
• Work with vendors and suppliers to identify"lead free"product markings, packaging and
certifications.
• Inform contractors and update specifications in normal bid procedures.
The complete text of the Lead Reduction Act can be found at
http://www..gpo.gov/fds�s/pkkgBU LS-I 11s3874enr/pdfBILLS-1 l 1s3874enr Rdf
If you have any questions about the Act,contact Paul Niman at 617-556-1166 or Paul.Niman@a state.ma.us.
Page 15 of 29
Lead in Drinking Water at Schools and Early Education and Care Facilities
MassDEP and its partners are continuing to work with schools and early education and care facilities to
eliminate sources of lead in drinking water. MassDEP and MDPH, Massachusetts Departments of
Elementary& Secondary:Education,and Early Education and Care are working together to inform and
educate school officials and child care administrators on how to identify, evaluate, and eliminate the.
sources of lead contamination in.school drinking water. The Massachusetts lead action level is 15 ug/L
(0.015 ppm).
Schools and early education and care facilities have two unique features,that make them susceptible to
lead in drinking water problems: sub-populations that are very sensitive to lead and buildings that have
long periods of time when water sits in the internal plumbing potentially increasing contaminant levels
(overnight, over.weekends, and over vacations).
MassDEP sent letters to all.school and child care facilities asking them to complete an evaluation of their
plumbing systems fo"usceptibility to lead in drinking water contamination. The facilities were reminded
to contact their local PW-S;BOH and plumbing inspector for assistance: BOH are-encouraged to work
with their local schools and::chldcare:facihties to lielp.eval.uate`and to provide technical'assistance
to correct any lead in drinking.water problems. Please go to
hitp•//www mass i ov%eea/do.cs/dep/water/drinkihWalpha/i=thru-z/selcatlg_odf for more information or
contact Kenneth Pelletier at617-348-4014 or Kenneth.Pelletier@§tate.rna.us.
Part VI I: Underground Injection Control Related
Inventory of Title 5 Systems
Under MassDEP's primacy agreement with EPA for the administration of federal Underground Injection
Control (UIC) regulations, MassDEP is required to report to the EPA the entire inventory of UIC Class V
wells that are permitted or registered in Massachusetts. Since obtaining primacy for the UIC regulations,
MassDEP has only reported to EPA on the UIC Class V discharges that are directly permitted or '
registered by MassDEP.
Title 5 soil absorption systems meet the federal and state definitions of a UIC Class V well. As such,
MassDEP is required to report the following basic inventory information to EPA:
Facility name and location;(1) Fac tty ,
(2)Name and address of legal contact;
(3)Ownership of facility and;
(4)Operating status of injection well.
As you know, in accordance with the MassDEP Title 5 Regulations, 310 CMR 15.003,Title 5 systems are
approved by the local"Approving Authority'.'with some exceptions,as specified in 310 CMR 15.003. In
an effort to meet its reporting requirements to EPA, MassDEP will be requesting your assistance in
identifying these locally permitted Class V wells by filling in fields in an.Excel spreadsheet file that
MassDEP will be emailing to you in the coming months or by providing us with a list of these wells. If
you don't already have a database of Title 5 system records,please consider using the Excel file to start
one.to keep an inventory of future approvals.
MassDEP will be requesting updated information on an-annual basis. The only Title 5 wells that are
exempt from EPA's reporting requirements are those systems serving a one family residence. Therefore,
a UIC Class V well serving duplex residences or a multi-unit apartment or condominium dwelling is not
exempt from EPA's reporting requirements. If you have any questions on this information please contact
Joe Cerutti at 617-292-5859 or Joseph.Cerutti@state.ma.us
Page 16 of 29
Local Floor Drain Regulations
MassDEP encourages local BOHs to adopt a Floor Drain Regulation. Floor drain discharges from
commercial and industrial facilities pose a serious threat to drinking water quality. If your community is
served by public drinking water wells;check now to be sure you have a regulation that prohibits
unauthorized floor drain discharges. For more information contact MassDEP's Wellhead Protection
Program at 617-556-1070; or visit the Groundwater Sources section on the Drinking Water website at
http://www.mass.g;ov/eea/agencies/massdep/water/drinking/planning=and-implementin g-a-local-floor
drain-control.html.
Part VIII: TNCs
Guides for Owners and Operators of Small Systems
MassDEP has produced a booklet titled A Business Owner's Guide to Complying with Massachusetts
State Drinking Water.Rules,which discusses such subjects as: what is a TNC system,where to find
assistance,what to test for,sampling schedules, etc. It can be found on MassDEP website at
bZ:HWww.mass.gov/eea/docs/dep/water/drinkin /g_alpha/i-thru-z/tncguide.pdf or call any of the MassDEP
offices(see Attachment F on page 28)for a color hard copy of the booklet.
There is a booklet on the web(produced by New England Interstate Water Pollution Control
Commission)that is meant to educate gas station owners and operators of the responsibilities associated
with having an onsite TNC public drinking water well. The booklet(PDF version)and Power Point slides
for Protecting the Drinking Water You Provide-A Guide for Owners and Operators of Gas Stations can
now be found at http://www.neiwpce.org/tncguide.asp .
Annual Transient Non-Community Water Quality Reports/ Regulations
Every July;MassDEP mails a water quality report to each TNC system, which is very similar to the
J Consumer'Confidence Report(CCR)that community systems are required to provide to consumers. This
water quality report must be signed by the operator and owner of the system and then.posted in a
conspicuous area for TNC customers to read. Please look for the current report when issuing local
permits. A copy of the reports can also be found on the web at
http://www.mass.g;ov/eea/agencies/massdep/water/drinking/transient-non-community-systems-annual-
,water-quality-reports.html. For more information contact Marie Tennant at 617-292-5885 or
Marie.Tennant@state.ma.us.
Drinking Water Vending Machines
EPA determined that drinking"Water vending machines which either treat water in some way or sell
water are covered by the National Interim Primary Drinking Water Regulations(NIPDWR)as a non-
community, public water supply". See the EPA information at
http://www.epa.gov/safewater/wsg/wsg 3.pdf. MassDEP routinely reviews and approves all
applications for the new technology of drinking water vending machines. The approval process includes
the following steps:
• Approval for the treatment unit if the unit has not been previously approved in the state. The
permit application for this step,BRP WS31— Vending Machines and POU/POE Devices, must be
submitted to MassDEP Boston Office at One Winter St., 5th Floor, Boston, MA 02108. See
MassDEP information at http://www.mass.gov/eea/agencies/massdep/water/drinkin new-
technolog,�-aapprovals-for-poe-pou-devices-systems.htm l .
• Approval of individual unit locations based on incoming water quality. This step is done by
MassDEP Regional Offices and the forms are located at the same web link in the previous step.
• MDPH site registration.
Page 17 of 29
All water vending machines must also comply with local public drinking water system cross connection
control program, BOH requirements and MassDEP UIC requirements if a Reverse Osmosis(RO)device
is used.
Please note that there are new testing requirements for water vending machines. Bacteria samples have to
be collected monthly,just prior to the connection with the machine and at the dispenser nozzle. For water
vending machines that obtain their water from public water supplies whose water supply sources are
surface water or ground water under the direct influence of surface water,each bacteria sample collected
must include a chlorine residual test. If there is no chlorine detected then a heterotrophic plate count
(HPC)analysis must be completed.
If you have identified an operating drinking water vending machine that has not received MassDEP
approval or you have questions on drinking water vending machines,please contact Otavio Paula-Santos
at 617-556-1085 or Otavio.Paula-Santos@state.nia.us.Please look on line for more information at
http//www mass gov/eea/agencies/massdep/water/drinkin steps-for-the-approval-of-water-vending-
machines.html
Part IX-Plumbing Issues
Cross-Connection Control
BOHs are encouraged to•report to the local public drinking water supplier any potential or actual cross-
connections found within facilities under their jurisdiction,and identified in the Massachusetts Associated
Health Boards (MAHB)Legal Handbook or the Guidebook for Massachusetts Boards of Health,such as:
• food service facilities (restaurants, cafeterias, bars,coffee shops, bakeries);
• food handling facilities(supermarkets,convenience stores,fish markets, groceries and fruit
stores); .
• human and animal health care offices/clinics; .
• hospitals;
• dental offices/clinics;
• schools and day care facilities;
• . swimming pools, spas, bath houses, and gyms; and
• campgrounds and other recreation facilities.
BOHs may find more information on cross connections at the following websites:
• Cross-connection: littp://www.mass.gov/eeaJdocs/dep/water/drinkinglalpha/a-thrU-.
h/cccpman.pdf
• Guidelines for Public Water Systems: Chapter 9 Distribution System Piping and
Appurtenances: liitp�//www mass gov/eea/does/dep/water/laws/a-thru-li/glchpt9.pdf
• EPA Cross-connection Control: A Best Practices Guide
http://www.epa.gov/ogwdw/smallsystems/pdfs/guide smallsystems crossconnectioncontrol.pdf
• EPA Cross-connection Control Manual:
http•//water epa gov/infrastructure/drinki4gwateLpws/crossconnectioncontrol/cros§connectioncon
trol manual.cfm
If you need,any further information on the Massachusetts Cross-Connection Control.Program,please
contact Otavio DePaula-Santos at 617-556-1.085 or Otavio.Paula-Santos@state.ma.us.
Point of Entry/Point of Use.Treatment Devices
BOHs are encouraged to review the MassDEP fact,sheet.titled"Point of Entry/Point of Use Treatment"
(POE/POU). This fact sheet was developed to help the PWS, BOH,facility owner, and consumer
understand when the installation of a POE/POU treatment device would create a PWS and thereby require
Page 18 of 29
MassDEP approval and oversight. The fact sheet also summarizes the minimum requirements for
POE/POU installations noted in the Drinking Water Regulations 31.0 CMR 221.00. The fact sheet is
available on the MassDEP website at http://www.mass.gov/eea/agencies/massdep/water/drinkin home-
treatment-devices-point-of-entry-point-of-use-tre.html. Please contact Margaret Finn at 617-292-5746 or
Margaret.Finn@state.ma.us for more information on POE/POU.
Part X: Electronic Info
Electronic Water Quality Data
MassDEP continues to see an increase in the number of electronic submittals through its eDEP online
reporting tool including water quality results for PWSs. Reporting is completed only by Massachusetts
certified laboratories on behalf of their PWS clients and meets EPA and MassDEP record keeping
requirements. PWSs, or their operators,have the ability to save these water quality reports in a PDF
format or print the PDF report. These reports look different than the"paper"reports generated by
laboratories but may be used and accepted for reporting requirements to BOHs. MassDEP is exploring the
possibilities of using the eDEP portal as a secure location to share all electronic data, including water
quality data,with BOH and.the public. For more information please contact Andrew Durham at 617-574-
6855 or Andrew.Durham@state.ma.us.
Specific Drinking Water Information on the MassDEP Website
BOH might find the following information useful:
■ MassDEP Board of Health webpage:
http://www.inass gov/eea/agencies/massdep/water/drinkingihealth-and-safety-boh.htmi
■ Boil orders and other public health orders: http://www.mass.gov/dep/water/clrinking/boilordr.htm
• PWS contact information(city/town, PWS name, PWS ID#, location and mailing address,
contact person name,phone and fax#):
http://www.mass.gov/eea/docs/dep/about/organization/pwscont.pdf
■ List of Massachusetts certified laboratories: hqp://www.mass.gov/dep/water/drinking/certifie.htm
■ Lead and copper in school drinking water:
http://www.mass.gov/eea/docs/dep/water/drinking/alpha/i-thru-z/scleatig.pdf
■ Private well guidelines: http://www.mass.gov/eea/docs/dep/water/laws/i-thru-z/prwellg_d.pdf
• List of certified operators: http://www.mass.gov/eea/agencies/massdep/water/drinkin contract-
operator-companies.htm l
■ UIC: http://www.mass.gov/eea/agencies/massdep/water/drinkin /ug nderground-injection-
control.html
■ Drinking water regulations(310 CMR 22.00):
http://www.mass.gov/eea/agencies/i-nassdep/water/regulations/3 I O-cmr-22-00-massachusetts-
dri nking-water-regulations.html
Page 19 of 29
■ How to contact MassDEP offices:
http•//www mass gov/eea/agencies/massdep/about/contdcts/find-the-massdep-regional-office-for-
. o� rr cityor-town.html
Email the program at Pro arm.Director-DW Qstate.ma.us
Boston; 1 Winter St. 5`h floor; Boston,MA .02108 617-292-5770
Western: Statehouse West 5`h floor; 436 Dwight St; Springfield,MA 01103 413-784-1100
Central; 627 Main St.; Worcester, MA 01608 508-792-7650
Northeast; 205-B Lowell St.; Wilmington,MA 01887 978-694-3200
Southeast; 20 Riverside Dr.; Lakeville, MA 02347 508-946-2700
You may also write or call any of the above offices if you do not have internet access and would like to
request hard copies of any of the materials mentioned in this letter.
Page 20 of 29
Attachment A
Sr Massachusetts Department of Environmental Protection
Drinking Water Program Rev.May 2010
+
ra��,ji�
k"^ti'"ar�x' .'��,.:�4:FX� :m3 7 'a:� 'Sa', �Ya
aKR_- ` 2 ,�"' ' a,,{�., r ' t ': :.rY. x";h i S�,�.s<�r -;3'S. .v. ';a
: (or tie{fa�1lyou areb ornate)
y 'h1 f t 2 x3 '° `*'
�`
':-
.�wa ..:�i+.«b:.w.w:cam,�,.>. e.,�,:..�..e�'w,.'ez �.�_ -aa���.�rii�s�����+.k_.'�'x `��.�..,a�,r:..,...•ua..�-�=,e* +�*_, .,Ss��.,..e..:.., ,�„-�r�,av}�r�.S� w .ter.
Follow this flow-chart to determine your drinking water system type.
Population served daily }
NO (people who have access to the system)
On an average, does this system serve 25 or more persons daily .
not necessarily the same persons) or possess 15 or more
PRIVATE ( Y p � P � �
IR
SYSTEM service connections?2,3 �;
Contact your tip,
local board ` `
of health. YES
Number of days per year the system is available for service, � �'
NO Does this system operate 60 or more days per year? 0.
(not necessarily consecutive days) ��'
YES
Your facility(or facility you are about to create) is a public water system and you � 6
must comply with the Massachusetts Drinking Water requirements. �,4
Call the Drinking Water Program at the following offices for more information: ; +{
Western Region (Springfield) 413-784-1 100 " �:
Central Region (Worcester) 508-792-7650 �
Northeast Region (Wilmington) 978-694-3200 w
Southeast Region (Lakeville) 508-946-2700 ;
Boston 617-292-5770
Email: Program.Di rector-DWP(cDstate.ma.us
Web site:www.mass.govldep
As defined by the Massachusetts Drinking.Water Regulations 310 CMR 22.00 and the Federal Safe Drinking Water Act.
Regulations can be found at http://www.mass.gov/eea/agencies/massdep/water/regulations/310-cmr-22-00-massachusetts-
drinking-water-regulations.html.
z To determine a residential population you may take the number of bedrooms and multiply by two, or take service
connections and multiply by 1.67. Use the greater number. For more details see Policy 88-1 1.
3 For more information about food establishments see Policy 94-02.
Policies are found at http://www.mass.gov/eea/agencies/massdep/water/regulations/water-resources-policies-and-guidance-
documents.html#3.
Attachment B
Excerpt
Massachusetts Drinking Water Regulations - 310 CMR 22.02
Definitions of Public Water Systems:
Public Water System means a system for the provision to the public of water for human consumption,
through pipes or other constructed conveyances, if such system has at least.15 service connections or
regularly serves an average of at least 25 individuals daily at least 60 days of the year. Such term
includes any collection,.treatment, storage; and distribution facilities under control of the operator of such
a system and used primarily in connection with such system, and any collection or pretreatment storage
facilities not under such control,which are used primarily in connection with such system.
The Department may presume that a system is a public water system as defined herein based on the
average number of persons using a facility served by the system or on the number of bedrooms in a
residential home or facility.The Departmient reserVes;the:right to:evaluate and determine whether two or
more_wells located on.commonly owned property,that individually may serve less than 25'people,but
collectively serve more.than_25 people for more than 66 days of the year should not be regulated:as a
public water system,taking into account the risk to public health. A public water system includes a
"community.water system" or a"non-community water system".
(a)Community Water System means a public water system that serves at least 15 service
connections used by year-round residents or regularly serves at least 25 year-round residents. !�
(b)Non-community Water System means a public water system that is not a community water
system.
1. Non-transient Non-community Water System or"NTNC" means a public water
system that is not a community water system.and that has at least 15 service connections
or regularly serves at.,least 25 of the same persons or more approximately four or more
hours per day,four or more days per week,more than six months or 180 days per year,
such as a workplace providing water to its employees.
2.Transient Non-community Water System or"TNC"means a public water system
that is not a community water system or a non-transient non-community water system,
but is a public water system that has at least 15 service connections or serves water to 25
Some examples of these es of systems
year. S Y
different persons at least 60 days of the y p types
are: restaurants, motels, camp grounds, parks, golf courses,ski areas, and community
centers.
Attachment C. Complete and return to MassDEP at address below.
MassDEP Drinking Water Program
Recreational Camps Licensed by Local Boards of Health in 2014*
Please print in black ink.Determine if the camps in your town'fit B or C and complete the information in each.
City/Town Date
A Board of Health Contact Person Phone
Address E-mail
All camps in our city/town are served by a public water system (PWS) that is
registered with MassOEP.
B PWS Name PWS ID
PWS Name PWS ID
PWS Name PWS ID
Camps with their own source of water supply
Camp# Camp name:. Camp phone:
Camp location/address: Contact person phone:
Camp owner's name: Camp owner's address:
C Maximum number of campers: Number of staff:
Number of days camp is open: Dates:from to
Number of days of pre-open-training or startup time:
Number of days of post camp closing close-down time:
Comments:
Camp ik Camp name: Camp phone:
Camp location/address: Contact person phone:
Camp-owner's name: Camp owner's address:
C Maxim'u.m'number of campers: Number of staff:
Number of days camp is open: Dates:from to
Number of days of pre-open training or startup time:
Number of days of post camp closing close-down time:
Comments:
C Camp# Camp name: Camp phone:
Camp location/address: Contact person phone:
Camp owner's name: Camp owner's address:
Maximum number of campers: Number of staff:
Number of days camp is open: Dates:from to
Number of days of pre-open training or startup time:
Number of days of post camp closing close-down time:
Comments:
* "Upon the issuance of a license,the local board of health shall notify the Massachusetts Department of Environmental
Protection and the Massachusetts Department of Public Health. Said notification shall include the name and address of
the camp,the name of the owner,the number of campers and staff,and the number of days per year that the camp will be
in operation". 105 CMR 430.000
Return this form by July 18,2014 to: MassDEP-Drinking Water Program—5th floor; 1 Winter Street;Boston,
MA 02108;Attention: WQA/Campgrounds
You may also email your response to Program.Director-DWP@state.ma.us,Subject: WQA/Campgrounds
. An a-Copy of this form can be found at httr):.//www.mass.gov/eea/docs/dep/water/drinking/alpha/i-thru-z/recamP.pdf
Blank Page
Page 24 of 29
BOH Emergency Contacts
Please update the information below and return to:
MassDEP Drinking Water Program
1 Winter Street, 5t'Floor
Boston, MA 02108
City/Town: SALEM
Board Name: Salem Board of Health
Address Line 1: 120 Washington Street
Address Line 2: 4th Floor
City/Town, State, Zip:SalemMA1970
Agent:
Business Phone:
Evening Phone:
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LIST OF PUBLIC WATER SYSTEMS IN YOUR TOWN
SALEM
PWS ID SYSTEM NAME ADDRESS] ADDRESS2 TOWN STATE ZIP
CURRENT STATUS: A
3258000 SALEM WATER DEPARTMENT 120 WASHINGTON ST 4TH FLOOR SALEM MA 01970
PWSs with a current status of"A"are providing public drinking water and are regulated by the Massachusetts DEP. Systems with a current status of"D"have
been declassified meaning that they dropped below the minimum criteria in the definition of a PWS and would fall under local Board of Health jurisdiction for
as long as they stay below the PWS threshold. PWSs with a current status of"I"are closed but remain under the oversight of the Massachusetts DEP.
Tuesday,June 17,20.14
Attachment F
Regional and Boston Contact Names and Phone Numbers
2014
AOL
Topic Region Contact Person. Phone. . . . Topic Region Contact Person Phone
CERO Susan Connors 508-767-2701 Electronic
nual NERO Tatyana Karpenko 978-694-3233 Data BOSTON Andrew Durham 617 574 6855
Statistical SERO Dan Disalvio 508-946-2793. Reporting
Reports WERO Dan Laprade 413-755.2289 eDEP
BOSTON Tio Yano 617-292-5843 CERO Bob Bostwick 508-849-4036
Assessment NERD Nick Zessoules 978-694-3230.
BOSTON Kathy Romero 617-292-5727 Emergency
Fee SERO Chuck Shurtleff 508-946-2879
Plans
Awards WERO Doug Paine 413-755-2281
Program BOSTON Marie Tennant 617-292-5885 BOSTON Paul Niman 617-556-1166
CERO Paula Caron 508-767-2719 CERO Bob Bostwick 508-849-4036
NERO Jim Persky(COM) 978-694-3227 NERO Melissa Privetera 978-694-3403
Bacteria Zachary Peters(NC) 978-694-3247 Enforcement SERO Jonathan Hobill 518-946-2870
Monitoring SERO Karen Dube 508-946-2720 WERO Doug Paine 413-755-2281
WERO Rick Larson 413-755-2207 BOSTON Bruce Bouck 617-556-1055
Sue Steenstrup 413-755-2264 CERO Margo Webber 508-767-2738
BOSTON Anita Wolovick 617-292-5920 Nora Hanley 508-767-2720
Filter
CERO Bob Bostwick 508-849-4036 NERO Hilary Jean 978-694-3229
Boil Orders NERO Tom Mahin 978-694-3226 Backwash
and other Rule SERO Gilliane Tardieu 508-946-2789
Public Health SERO Chuck Shurtleff 508-946-2879 WERO Mike McGrath 413-755-2202
Orders WERO Deirdre Doherty 413-755-2148 BOSTON Frank Niles 617-574-6871
BOSTON Frank Niles 617-574-6871 CERO Linda Laine 508-849-4027
CERO Paula Caron 508-767-2719 Kristin Divris 508-849-4028
NERO Jim Dillon 978-694-3231 NERO Hilary Jean 978-694-3229
Bottled SERO Chuck Shurtleff 508-946-2879 Fluoride
Water SERO Allison Rescigno 508-946-2763
WERO Rick Larson 413-755-2207 WERO Dan Kurpaska 413-755-2274
BOSTON Otavio Paula-Santos 617-556-1085 BOSTON Frank Niles 617-574-6871
Capacity CERO Kelly Momberger 508-849-4023
evelopment BOSTON Mike Maynard 508-767-2735 NERO Jim Dillon 978-694-3231
IqW CERO Ed Gates 508-767-2786 Ground SERO Scott Sayers 508-946-2780
Certified NERO Hilary Jean 978-694-3229 Water Rule WERO Jim Bumgardner 413-755-2270
Operators SERO Chuck Shurtleff 508-946-2879 BO. Anita Wolovick 617-292-5920
WERO Doug Paine 413-755-2281 Frank Niles 617-574-6871
BOSTON Paul.Niman 617-556-1166 CERO Paula Caron 508-767-2719
CERO -Liz Kotowski 508-767-2179 NERO Hilary Jean 978-694-3229
Consumer NERO Hilary Jean; 978-694-3229 Inorganics SERO Allison Rescigno 508-946-2763
Confidence SERO Courtland Ridings 508-946-2722 WERO Jim Gibbs 413-755-2299
Report(CCR) WERO. Rick Larson 413-755-2207 BOSTON Ken Pelletier 617-348-4014
BOSTON Marie Tennant 617-292-5885 Laboratory
CERO Bob Bostwick 508-849-4036 Certification http://public.dep.state.ma.us/Labcert/Labcert.aspx
Cross NERO Sean Griffin 978-694-3404 List
Connection SERO Giliane Tardieu 508-946-2805 CERO Andrea Lemerise 508-767-2723
WERO Jim Gibbs 413-755-2299 Lead and NERO Tatyana Karpenko 978-694-3233
BOSTON Otavio Paula-Santos 617-556-1085 Copper SERO Giliane Tardieu 508-946-2805
CERO Bob Bostwick 508-849-4036 WERO Dan Kurpaska 413-755-2274
Daycares NERO Jim Dillon 978-694-3231 BOSTON Paul Niman 617-556-1166
(Childcares) SERO Scott Sayers 508-946-2780 CERO Paula Caron 508-767-2719
WERO Doug Paine 413-755-2281 NERO Hilary Jean 978-694-3229
BOSTON Ken Pelletier 617-348-4014 Sean Griffin 978-694-3404
Manganese n
CERO Kelly Momberger 508-849-4023 SERO Allison Resci g o 508-946-2763
NERO Jim Dillon 978-694-3231 WERO James Gibbs 413-755-2299.
Disinfection By-Products SERO Gilliane Tardieu 508-976-2789 BOSTON Margaret Finn 617-292-5746
ule Jim McLaughlin 508-946-2805 CERO Paula Caron 508-767-2719
WERO Dan Laprade 413-755-2289 NERO Tatyana Karpenko 978-694-3233
BOSTON Otavio Paula-Santos 617-556-1085 NONs SERO Chuck Shurtleff 508-946-2879
WER I Doug Paine 413-755-2281
BOSTON Bruce Bouck 617-556-1055
Page 28 of 29
Attachment F '
Regional and Boston Contact Names and Phone Numbers
2014
Topic Region Contact Phone Topic Region Contact Person Phone
CERO Barbara Kickham 508-767-2724 CERO Liz Kotowski 508-767-2779
NERO Jim Persky 978-694-3227 NERO Hilary lean 978-694-3229
New Source Approval SERO Kermit Studley 508-946-2803 Training and SERO Allison Rescigno 508-946-2763
WERO Kim Longridge 413-755-2215 Outreach WERO Dan,Laprade 413-755-2289
BOSTON Bruce Bouck 617-556-1055 Ken Pelletier 617-348-4014
CERO Susan Connors 508-767-2701 BOSTON Marie Tennant 617-292-5885
NERO Jim Dillon 978-694-3231 CERO Bob Bostwick 508-849-4036
New System .Registration SERO Chuck Shurtleff 508-946-2879 NERO Hilary Jean 978-694-3229
WERO Doug Paine 413-755-2281 Treatment SERO Jim McLaughlin 508-946-2805
BOSTON Damon Guterman 617-514-6811 WERO Dan Laprade 413-755-2289
CERO Paula Caron 508-767-2719 BOSTON Frank Niles 617-574-6871
Organics NERO Jim Persky 978-694-3227 CERO Nora Hanley 508-767-2720
Monitoring SERO Courtland Ridings 508-946-2722 Turbidity NERO Nick Zessoules 978-694-3230
(VOC/SOC) WERO Rick Larson 413-755-2207 (SWTR and SERO Jim McLaughlin 508-946-2805
BOSTON Damp.n Guterman 617-574-6811 LT2) WERO: Mike McGrath 413-755-2202
CERO' KeIly,Momberger 508-849-4023 BOSTON Frank Niles 617-574-6871
NERO AMP 978-694 3227 . CERO Gene Brunelle 5087767-2710
Perchlorate: SERO Courtland Ridings 508-946-2722 NERO Ron Stelline. 978-694-3252
WERO Sue�Steenstrup 413-755-2264 UIG SERO. Chuck Shurtleff - 508-946-2879
BOSTON Dart n Guterman 617-574-6811 WERO Rick Larson 413-755-2207
POU/POE BOSTON Frank Niles 617-574-6871 BOSTON Joe Cerutti .617-292-5859
CERO Paula.Caron 508-767-2719 Vending BOSTON Otavio Paula-Santos 617-556-1085
NERO Melissa Pr.ivetera 978-694-3403 Machines
Public Notification SERO Karen Dube 50.8-946-2720 CERO Paula Caron 508-767-2719
WERO Sue Steenstrup 413-755-2264 NERO Jim Persky 978-694-3227
Waivers,
BOSTON Marie Tennant 617-292-5885 Monitoring SERO Isabel Collins 508-946-2726
CERO Barb Kickham 508-767-2724 WERO Rick Larson 413-755-2207
NERO James Persky 978-694-3227 BOSTON Marie Tennant 617-292-5885
Source SERO Isabel Collins 508-946-2726 CERO Barbara Kickham 508-767-2724
Protection WERO Kim Longridge 413-755-2215 Water NERO Richard Friend 617-654-6522
Kathy Romero(SW) 617-292-5727 Management SERO Jonathan Hobill 508-946-2870
BOSTON Catherine Hamilton Act WERO Jim Bumgardner 413-755-2270
(GW) 617-556-1070 BOSTON Duane LeVangie 617-292-5706
CERO Paula Caron 508-767-2719. Well Drillers BOSTON Steve Hallem 617-292-5681
NERO Jim Persky 978-694-3227 CERO Barbara Kickham 508-767-2724
Sampling SERO Allison Rescigno 508-946-2763 NERO James Persky 978-694-3227
Schedules Zone I II
WERO Jim Gibbs. 413-155-2299 SERO Kermit Studley 508-946-2803
BOSTON Damon Guterman 617-574-6811 Approvals WERO Kim Longridge 413-755-2215
CERO Bob Bostwick 508-849-4036 BOSTON Bruce Bouck 617-556-1055
NERO Nick Zessoules 978-694-3230 CERO Bob Bostwick 508-849-4036
SERO Chuck Shurtleff 508-946-2879' Drinking NERO Tom Mahin 978-694-3226
Sanitary WERO Jim Bumgardner 413-755-2270 Water Chiefs SERO Rick Rondeau 508-946-2816
Surveys Mike McGrath 423-755-2202 WERO Deirdre Doherty 413-755-2148
Anita Wolovick 617-292-5920 Director BOSTON Yvette DePeiza 617-292-5857
BOSTON . Mike-Maynard 508-767-2735 Emergency MassDEP After Hours or Holidays 1-888-304-1133
Bruce Bouck(E-surveys) 617-556-1055
CERO Nora Hanley, 508-767-2720
Surface NERO Hilary Jean 978-694-3229
Water Treatment SERO Scott Sayers 508-946-2180
Rule WERO Mike McGrath 413-755-2202
BOSTON Frank Niles 617-574-6871
TN—E- BOSTON Michael Maynard 508-767-2735
Page 29 of 29