Abrasive Blasting – Newton

NEWTON HEALTH DEPARTMENT

RULES AND REGULATIONS FOR CONDUCTING ABRASIVE BLASTING

The City of Newton Health Department hereby orders that the following regulations be and are hereby adopted this Fifteenth Day of May, 1983 to be effective on June 1, 1983 under authority of Sections 31C, 122, and 142E of Chapter 111 of the General Laws of the Commonwealth of Massachusetts.

SECTION I DEFINITIONS

1.1 Air Contaminant – Means any substance in the ambient air space

and includes, but not limited to dust, fly ash, fume, mist, odor,

smoke, vapor, pollen, micro-organism, heat, any combination

thereof, or any decay or reaction product thereof.

1.2 Air Contamination Source – Means any source at, from, or by

reason of which any air contaminant is emitted directly into

the ambient air space.

1.3 Ambient Air Space – Means the unconfined space occupied by the

atmosphere above the geographical area of Newton,.-

1.4 Atmospheric Pollution – Means the presence in the ambient air

space, or partition thereof, of one or more air contaminants

or combinations thereof in such concentration and of such

duration as;

(a) To cause a nuisance;

(b) To be injurious or tend to be, on the basis of current

information, injurious to human or animal life, vegetation,

or to property, or

(c) To unreasonably interfere with the comfortable enjoyment

of life and property or the conduct of business.

 

1.5 Department – Means the Health Department, City of Newton.

1.6 Dry Abrasive Blasting – Propulsion, by means of a stream of shot or other finely divided abrasive material, for the purpose of abrading or cleaning a surface.

1,7 Dust – Means finely divided solid matter

1.8 Emission – Means of discharge or release to the ambient air space

of any air contaminant.

1.9 Fluid – Air, steam, other gas, water or other liquid.

1.10 Ash – Means the aerosolized solid component of burned or

partially burned fuel.

1.11 Fume – Means any aerosol resulting from chemical reaction,

distillation, or sublimation.

1.12 Mist – Means any liquid aerosol formed by the condensation of

vapor or by the atomization of liquids.

1.13 odor – Means that property of gaseous, liquid, or -olid materials

that elicits a physiologic response by the human sense of smell.

1.14 Particulate Matter – Means any material that exists in a finely

divided form as a liquid or solid at ambient air temperature,

humility, and pressures.

1.15 Person – Means an individual, partnership, association, firm,

syndicate, company, trust, corporation, city department, bureau,

or agency, or any other entity recognized by law as the subject

of rights and duties.

1.16 Smoke – Means the visible aerosol, which may contain fly-ash,

resulting from combustion of materials.

1.17 Vapor – Means the gaseous state of certain substances that can

exist in equilibrium with their solid or liquid states under

standard conditions.

1.18 wet Abrasive Blasting – Propulsion, by means of or accompanied

by a fluid under pressure, or the use of high-pressure water in

conjunction with chemical solvents, for the purpose of abrading

or cleaning a surface.

 

SECTION II ABRASIVE BIASTING

Dry abrasive blasting is prohibited except under the following

circumstances:

2.1 As part of a manufacturing process in which the abrasive process

is completely enclosed without exhaust or discharge to the

atmosphere, or n which the abrasive process is enclosed and

exhausted to the atmosphere in a manner and location approved

in writing by the Health Department.

(a) Approval will be granted if during the manufacturing

process any material discharged or exhausted to the

atmosphere has first passed through a filtration system.

2.2 As part of a manufacturing, construction, or repair process,

conducted at a location zoned for manufacturing, and for which

the Health Department has granted an ANNUAL RENEWABLE LICENSE

setting forth location at and conditions under which such

process may be conducted.

2.3 Any person engaged in abrasive blasting of a building or other

structure for which the Health Department has granted an

ANNUAL RENEWABLE LICENSE must obtain a PERMIT limited in time

and specific to 1 cation where blasting s to be performed.

SECTION III LICENSES/PERMITS

3.1 Permits for the conduct of abrasive blasting shall be granted

by the Health Department only upon the following general terms

and conditions, and subject to such other special terms and

conditions as the Health Department shall find necessary to

protect the public health and welfare.

3.2 Application for a temporary permit (and for renewal of annual

licenses) shall be in writing, on a form provided by the Health

Department.

 

SECTION IV ABRASIVE BLASTING

4.1 Abrasive blasting activities shall be so enclosed or curtained-

off as to prevent the escape onto public property, rights-of-way,

or the property of others, of visible abrasive material.

Enclosure (s) shall not be removed until all surfaces, including

the ground, are thoroughly cleaned of all loose material

attributable to the abrasive blasting operation.

4.2 The re-use of abrasive material is prohibited.

 

SECTION V CLEAN-UP PROCEDURES

5.1 Ground cleaning capabilities shall include equipment designed to

remove used blasting material and surface material (i.e. paint

chips, dust, and any other particulate matter) from lawns, shrubs,

and any other area exposed to visible abrasive material or by-

products. For the purpose of this section broom sweeping will

not be sufficient.

5.2 It shall be the responsibility of the contractor to prevent

ground contamination as a direct result of any chemical or solvent

used during the blasting operation or failure to recover by-

products of the operation with regard to paint chips or other

material abraded from a specific surface.

 

LEAD TESTING

6.1 If the surface to be abraded has been painted, the paint shall

be tested for the presence of lead by the Health Department or

Massachusetts Department of Public Health, Division of Lead

Poisoning Prevention, before a permit will be issued.

6.2 If dangerous levels of lead are found to be present, the Health

Department shall require additional precautions to be taken to

prevent the exposure of lead dust or particles to children, as

well as the general public, and to prevent potential contamination

of ground surfaces.

6.3 “Dangerous Level of Lead” means level which materially endangers

the health of children or adults, by producing a substantial and

serious danger of lead poisoning. When present in paint, a

dangerous level shall be deemed, pursuant to M.G.L. Chapter III

g 194 and 196, to be the following:

 

A. More than 0.5 percent lead by dry weight as measured by

atomic absorption spectrophotometry test of sample or by

testing with 6 to 8 percent sodium sulfide solution.

B. More than 1-2 milligrams lead per square centimeter of

surface as measured on site by mobile x-ray fluorescence

analyzer or comparable equipment.

6.4 Employees or persons engaged in the performance of any aspect

of the blasting operation shall be protected against particulate

matter through the use of approved protective devices.

 

SECTION VII EVIDENCE OF VIOLATION

7.1 Any of the following conditions shall be prima facie evidence

of violation and can result in the revocation of any license or

permit issued and the immediate cessation of the blasting operation.

A. Visible emission of particulate matter, beyond the

vertically extended property line of the owner of the

property on which abrasive blasting is permitted;

B. Failure to enclose or curtain off that area of the building

under-going abrasive blasting.

C. Visual amounts of particulate matter upon public or other

private property.

D . Failure to ensure adequate precautions against ground surface

contamination.

E. Operating without a license or permit.

 

SECTION VIII FEES

8.1 Fee for annual license to perform abrasive blasting shall be

Ton ($10.00) Dollars.

8.2 Fee for Abrasive Blasting Permits shall be Five ($5.00) Dollars.

 

SECTION IX PENALTY

violators of these regulations shall be punished, for the first offense, by a fine of not less than fifty dollars per more than one hundred dollars and for a subsequent offense, by a fine of not less than two hundred dollars nor more than five hundred dollars. Each day or part thereof of violation, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense. (M.G.L. Chapter 111, Section 31C).