219 Complaints 1996-1998 BOARD OF HEALTH
MEMBERS
JOHN T.JOYCE,Chairman
ANNE BURES,M.D.
CYNTHIA DOURMASHKIN,R.N.
PETER J.McERLAIN,Health Agent
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
210 MAIN STREET
01080
(413)586-6950 Ext.213
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
I
219 Main Street, 3r" Floor Apartment, Northampton, MA 01060
DATE: October 7, 1996
ORDER ADDRESSED TO: Richard M.Tranchida
4 Pioneer Drive
Avon, CT 06001
COPIES OF REPORT TO: Laura Ramos
P. O. Box 334
Northampton, MA 01061
This is an important legal document. It may effect your rights. You may
obtain a translation of this form at:
Isto a urn documento legal muito importante que podere afectar os seus
direitos. Podem adquirir uma tradgao deste documento de:
Le suivante est un important document legal. II pourrait effecter vas
droits. Vous pouvez obtenir une traduction de cette forme a:
Questo a un documento legale importante. Potrebbe avere effectto sui
suoi diritti. Lei pub ottenere una traduzione di questa modulo a:
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradcci5n de esta forma en:
To jest wazne legalny dokument. To more miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie:
NORTHAMPTON BOARD OF HEALTH
City Hail, 210 Main Street
Northampton, MA 01060
Tel #: (413) 586 -6950 x217
The Northampton Board of Health has inspected the premises at
219 Main Street, #3, Northampton, MA (assessor's map 31D parcel 239 .),
for compliance with Chapter II of the State Sanitary Code.
This letter will certify that the inspections revealed violations listed below,
which are serious enough as to endanger or materially impair the
health, safety, and well-being of the occupants & or abutters.
Under authority of Chapter III, Section 127 of the Massachusetts General
Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to
make a good faith effort to correct the following violations
within SEVEN DAYS of the receipt of this order.
EGULATION
VIOLATION
REMEDY
10.200 & /
10.201
Tenant complaint regarding
inadequate temperature within
apartment....Temp. at time of
investigation was a borderline 680F.
and radiators were all cold. Radiator
controls were either not operational or
missing.
Repair/replace radiator controls.
Take whatever action is required
which will provide uniform, adequate
heating in the 3'"floor apartment.
10.253 ✓
No outside lighting provided to
properly illuminate the rear fire
escape during nightime hours.
Provide adequate lighting for the rear
fire escape which will allow safe
passage, in necessary, during the
nighttime hours.
10.351 v
✓
✓
(1) "Owner provided" refrigerator
with a large interior crack/hole along
the inside bottom of unit....Freezer
section icing heavily.
(2) Middle bedroom-Ceiling light
fixture defective (shorting) and in need
of repair.
(3) Doorbell wiring hanging loosely
along the stairwell wall and upper
step.
(1) Repair/replace refrigeration unit in
an approved manner.
(2) Repair/replace ceiling light fixture
in an approved manner.
(3) secure doorbell wiring in an
approved manner.
110.482 ✓
Smoke detector in kitchen not
operational (battery?) Also not
properly located.
Repair/replace battery/smoke dector
in an approved manner. Relocate unit
to the hallway area.
Inspection of premises was made on October 7, 1996 at approximately
9:15 a.m.
* Repair of fire escape violations(Lighting requirements and refinishing of
all exterior surfaces) should be coordinated with other property owners who
share the common fire escape along the back of the building. Should they
not want to cooperate in this matter, contact me at the Northampton Board
of Health and I will sent individual orders to all property owners as required.
0.500,
0.501;
0.551 &
0.553
e
(1) Kitchen prime window is not
weathertight. Storm window panes
are missing.
(1) Repair prime window in an
approved manner which will render it
weathertight. Replace missing storm
window panes.
/
(2) Kitchen back exit door is not
weathertight. Open gaps noted
between door and door frame.
(2) Repair kichen exit door so to be
weathertight and fully operational.
✓
(3) Both front bedroom prime
windows are deteriorated and not
weathertight. Locks are missing.
(3) Repair prime windows in an
approved manner which will render
them weathertight and lockable.
Storm window panes and screens are
missing.
Replace mssing storm windows and
screens.
✓
(4) Front bedroom ceiling with some
ceiling cracks and staining from
moist5re exposure in spotty areas.
(4) Repair ceiling cracks and stained
areas and re-finish in an approved
manner.
✓
(5) Living room skylight well with
stained surfaces and peelinglflaking
areas.
(5) Refinish skylight well inner
surfaces in an approved manner.
Exterior Fire Escape
Exterior Fire Escape
(6) All metal elements are severely
rusted and in need of refinishing.
(6) Refinish all metal fire escape
elements in an approved manner.*
✓
(7) Wooden fire escape flooring is
badly deteriorated and in need of
repair definite safety hazard to
users in its current condition.
(7) Repair/replace deteriorated
wooden fire escape flooring in a
manner which will eliminate any safety
hazard.*
10.500
&
✓ Interior apartment stairwell handrail is
Tighten handrail in an approved
10.503
very loose.
manner.
Inspection of premises was made on October 7, 1996 at approximately
9:15 a.m.
* Repair of fire escape violations(Lighting requirements and refinishing of
all exterior surfaces) should be coordinated with other property owners who
share the common fire escape along the back of the building. Should they
not want to cooperate in this matter, contact me at the Northampton Board
of Health and I will sent individual orders to all property owners as required.
If you have any questions regarding this abatement order contact the Board
of Health office.
Very truly yo s,
afift
David E. Kochan
Sanitary Inspector
Northampton Board of Health.
This Inspection report is signed and certified under the pains and penalties
of perjury.
cc: Casa Latina, Inc.
Thetamera Shop
CERTIFIED MAIL# P 489 932 970
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES
TENANTS MAY USE TO GET HOUSING CODE VIOLATIONS CORRECTED:
I. RENT WITHHOLDING (GENERAL LAWS,CHAPTER 239,SECTION 8A)
If Code Violations arc not being corrected you may he entitled to hold back your rent payments. You can do
this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough
to endanger or materially impair your health or safety and that your landlord knew about the violations
before you were bci' I in rent.
B. You did not cause the violations and they can be repaired while you continue to live in
the building or apartment
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it Is
bat to put rent money aside in a safe place.)
2. REPAIR AND DEDUCT(GENERAL LAWS ChIAPTER III,SECTION 127L)
The law sometimes allows you to use your rent money to notice the repairs yourself. If your local code
enforcement agency certifies that there arc code violations which seriously endanger or materially impair your
health,safety or well-being and your landlord has received written notice of the violations,you may be able to use
this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)
within five days after notice or to complete repairs within fourteen days after the notice you can use up to four
months' rent in any one year to make the repairs.
3. RETALIATORY RENT INCREASES OR EVICTIONS PROHIBITED(GENERAL LAWS CHAPTER
186,SECTION 18 AND CHAPTER 239,SECTION 2A)
The owner may not increase your rent or evict you in retaliation for making a complaint to the local
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after
you have made the complaint he or slielwill have to show a good reason for the increase or eviction which is
unrelated to your complaint. You may lk'nble to sue the landlord for damages if he or she tried this.
4. RENT RECEIVERSHIP(GENERAL LAWS CHAPTER III,SECTIONS C-II)
The occupants and/or the Board of Iicolth may petition the District or Superior Court to allow rent to be paid
into court rather than to the owner. The court may appoint a"receiver" who may spend as much of the rent
money as is needed to correct the violation(s). The receiver is not subject to a spending limitation of four months'
rent.
5. BREACH OF WARRANTY OR IIAurrABILTTY
You may be entitled to sue your landlord to have all or some of your rent retuned if your dwelling unit does
not meet minimum standards of human habitability.
6. UNFAIR AND DECEPTIVE PRACTICES(GENERAL LAWS CHAPTER 93A)
Renting an apartment with code violations is a violation of the Consumer Protection Regulations for which
you may sue an owner.
THE INFORMATION PRESENTED ABOVE IS JUST A SUMMARY OF THE LAW.
BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE OTHER LEGAL
ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT
AFFORD AT ATTORNEY, YOU SHOULD CONTACT I S I IlE NEAREST LEGAL SERVICES
OFFICE
WESTERN MASSACHUSETTS LEGAL SERVICES
584 - 4034
20 HAMPTON AVENUE, SUITE 100, NORTHAMPTON, MA 01060
HEARING
Persons have the right to seek a modification of an order. To accomplish a
modification,th. Petitions must be filed on time in accordnace with the regulations below:Board of
A. Any person or persons upon whom any order has been served pursuant to any
regulation of this code (except for an order issued after the requirements of.
Regulation 33.2 have been satisfied); provided, such petition must be filed
within seven days after the day the ordered was served;
B: Any person aggrieved by the failure of any inspector(s) or other personnel
of the Board of Health:
1. to inspect upon request any premises as required under this code;
provided, such petition must be filed within thirty days after such
inspection was requested; or
2. to issue a report on an inspection as required by this code; provided,
such petition must be filed within thirty days after the inspection; or
3. upon an inspection to find violations of this Article where such violations
are claimed to exist or to certify that a violation or combination of
violations may endanger or materially impair the health or safety and well-
being of the occupant(s) of the premises; provided, such petition must be
filed within thirty days after receipt of the inspection report or
4. to issue an order as required by Regulation 33.1; provided,that such
petition must be filed within thirty days-after the receipt of the inspection
report.
Any person upon whom this order has been served, or any person aggrieved by the
failure of the inspector to perform as enumerated above, has the right to be
represented at a hearing and any adverse party has a right to appear at said hearing.
PUBLIC DOCUMENTS
All relevant inspection or investigation reports, orders, notices, and other
documentary information in the possession of the Board of Health are open,for
inspection and may be copied for a fee.
REMEDIES AND PENALTIES
Part of the Inspection Report contains abrief summary of some legal remedies
tenants may use in order to get Housing Code violations corrected. Failure to comply
with this order also subjects the person ordered to a criminal fine of not less than ten
($10.00) dollars, nor more than five hundred ($500.00) dollars for each day's failure to
comply with this order.
BOARD OF HEACHOPY
CITY HALL
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EO PAUL CELLUCCI
rnor
CERTIFIED
COMMONWEAIffH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Ritz Camera Center 4823
219 Main Street
Northampton, MA 01060
A 1 IN. Doug Timberlake
SEP 4 1998
TRUDY COKE
Secretory
DAVID B.STRUHS
Commissioner
Re: I3 W P-Northampton
DEP Facility ID N 295346
Unregistered hazardous waste generator
N mot'm"with
MGL Chapter 21C, Sections I - 14
and 310 CMR 30.0000
(Hazardous Waste Regulations)
• 310 CMR 70.00(Environmental Results
Program Certification)
Enforcement Document No.NON-WE-98-9024-2H
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT THE NOTICE COULD RESULT SERIOUS I EOAL COND ACTION IN RESPONSE TO
QUENCES
Dear Mr. Timberlake:
Department personnel have observed that on May 22, 1998 activity occurred at your facility located at
219 Main Street,Northampton,Massachusetts. in noncompliance with one or more laws,regulations,
orders, licenses, permits,or approvals enforced by the Department. Specifically,Department personnel
observed activities in noncompliance with applicable I lazardous Waste Management andEnvironmental
Results Program Certification regulations. the
Attached is a written description of(1)each activity referred to above,(2)the requirements violated,(3)
penalty mayDepartment
be assessed for eve wants
ry to take,and
now on that you area in for
oncompliance with the requirements
administrative
described in this Notice of Noncompliance.
Notwithstanding this Notice of Noncompliance,the Department reserves the right to exercise the full extent
of its legal authority in order to obtain full compliance with all applicable requirements,including but not
limited to,criminal .rosecution,civil action includin court-im.osed civil •enalties,or administrative
enalties assessed by the Department,in order to obtain full compliance with all applicable requirements.
This information is available in alternate format by calling our ADA Coordinator
• Tn0(4Doordina • Telephone)574-6872 00
oordinator at(617)574-6 .
436 Dwight Street Sptlngfeltl,Massachusetts 01103 •
C, Printed on Recycled Paper (20%Fog Consumer)
Ritz Camera Center M23,219 Main Strect,Northampton
Notice of Concomplj uice NON-WE-98-9024-211
Page?
SOURCE REDUCTION OPPORTUNITIES
You may be able to reduce environmentally driven costs and possibly reduce the regulatory requirements
and fees applied to your firm if you eliminate or reduce the use of toxic materials or other inputs,or the
generation of wastes through decreased chemical use or increased process efficiency. As a result,you may
save money, and improve quality and productivity. Moreover,tracking annual usage of each toxic
substance or other input, if you are not already doing so,may lead to identification of additional source
reduction opportunities.
For further information on source reduction or toxic and other waste you may contact:
the Office of Technical Assistance(617-727-3260) for FREE,CONFIDENTIAL
technical assistance including on-site assessments, financial evaluations,the handbook The
Practical Guide to Toxics Use Reduction", and other resources.
the Toxics Use Reduction Institute(508-934-3262) for courses for certified "Toxics Use
Reduction Planners."
DEP's Toxic Use Reduction Implementation Team(617-292-5870) for guidance material
on the Toxics Use Reduction Act requirements.
If you have any questions on this matter, please contact John Downes of this office at 413-784-1100,
extension 231.
Sincerely,
x.gn_
Loretta Oi
Chief,Compliance and Enforcement Section
Bureau of Waste Prevention
Western Region
LO/J FD
Certified Mail No P 153 691 186, Return receipt requested
Enclosure
cc: Steven Ellis(two copies), Roberta Baker,Thomas Orszak, DEP/W'ERt
William Sirull, Alissa Whiteman,DEP, Boston
Northampton Board of Health,210 Main St.,Northampton, MA 01060
RitzcCamera Center 4227,Route 08,Old State Road, Lanesborough2 Mn: Alan Buckley
MA01237
Attn: Paul Brassard
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE:
Ritz Camera Center 4823
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
219 Main Street.Northampton, Massachusetts
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: May 22. 1998
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED WITH:
A. §§I -Noncompliance
t4,and the Hazardous Waste Management Act,M.G.L.e.21C,
Waste Regulations,[ ns,310 CMR 30.0000
I. Hazardous waste(photographic process wastewater containing silver)has been generated
without notification to the Department. in violation of 310 CMR 30.061(1),which states that each
generator of hazardous waste must notify the Department of such activity, and must apply to the
Department for an identification number.
2. set hazardous 3 waste CMR 30 685 1),wh chlprovides during
that each contaccumulation,
ainer holding hazardous waste)not
as shall forth in e closed CMR 30ng a(cu, provides
always be closed during accumulation, except when waste is being added or removed.
3. Hazardous waste was being accumulated in an unlabeleed container,eainer, in v l in n o 31a CMR
30.353(6)(g) as set forth in 310 CMR 30.682,
small quantity generator accumulates hazardous waste must be clearly marked and labeled
throughout the period of accumulation with the following:
a.the words "Hazardous Waste";
b. the hazardous waste(s) identified in words; and
c.the type of hazard(s) associated with the waste(s)(for wastewater containing silver.
"Toxic").
4. There was no "HAZARDOUS WASTE" sign in the accumulation area, in violation of 310
CMR 30.340(1)6). which states that hazardous waste accumulation areas shall have posted at all
times a sign with the words "HAZARDOUS WASTE" in capital letters at least one inch high.
5. The accumulation area boundary was not clearly marked, in violation of 310 CMR
30.340(1)(k), which states that hazardous waste accumulation areas shall be dearly marked so
that they are distinguishable at all times from other areas at the site of generation.
B. Noncompliance with the Massachusetts Environmental Results Program Certification,310
CMR 70.00
6. Records of maintenance and wastewater flow of the silver er recovery
which stem werenoot photo
kept on site, in violation of 310 CMR 71.05(4)(a),(b),(d) (e),processor shall keep the following records on-site for at least three(3)years:
Ritz Camera Center tt821,219 Main Street,NOrthampton
Notice of Noncompliance NON-WE-98-9024-2H
Page 4
(a)
(b)
(d)
(e)
sampling dates and results conducted in accordance with 310 CMR 71.05(3);
dates of silver recovery cartridge installation and replacement;
total amount of wastewater discharged in the past twelve(12)months;and
total amount of wastewater passing through the silver recovery system in the past twelve
(12) months.
7. The facility's 1997 compliance certification dated September 15, 1997 contained one or more
false, inaccurate, incomplete,or misleading statements (question 13 should be checked"No"
instead of"Yes" because of the noncompliance in paragraphs A.I. through 5. above), in violation
of310 CMR 70.04(2)(3).
ACTION TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTION:
A. Massachusetts Hazardous Waste Management Act,M.G.L.c.21C,§§1 - 14,and the
Hazardous Waste Regulations,310 CMR 30.0000
I. Within seven (7)days from the date of receipt of this notice, Ritz Camera Center shall forward
a completed hazardous waste notification form (copy enclosed)to the Department.
2. Immediately upon receipt of this notice, Ritz Camera Center shall keep all containers of
hazardous waste closed except when waste is being added or removed.
3. Immediately upon receipt of this notice, Ritz Camera Center shall mark and label all
containers of hazardous waste in accordance with 310 CMR 30.682.
4H
"HAZARDOUS (7)days
in the accumulation area, nitcompliance ew with 10p CMR
30.340(1)0).
5. Within seven (7) days from the date of receipt of this notice, Ritz Camera Center shall mark
the boundary of the hazardous waste accumulation area, in compliance with 310 CMR
30.340(1)(k).
B. Massachusetts Environmental Results Program Certification,310 CMR 70.00
6. Immediately upon receipt of this Notice, Ritz Camera Center shall begin keeping records on
site of maintenance and wastewater flow of the silver recovery system, in compliance with 310
CMR 71.05(4). Refer to Standard 3.6 in the Photo Processor Environmental Certification
Workbook.
7. Ritz Camera Center shall notify the Department in writing of its intentions to comply and
remain in compliance with the above referenced regulations. Said notification shall be
postmarked or otherwise received by the Department not later than fourteen (14) days from the
date of receipt of this Notice.
Date: SEP 41998
Loretta Oi
Chief,Compliance and Enforcement Section
Bureau of Waste Prevention
Western Region
PAUL CELLUCCI
for
SWIFT
nant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
Ritz Camera Center#823
219 Main Street
Northampton,MA 01060
ATTN:Doug Timberlake
JUL 11 2000
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
RE: BWP -Northampton
COMPLIANCE with M.G.L.Chapters
21C, 111 §142A-M,21 §43(2),211;
310 CMR 30.0000,310 CMR 6.00-8.00,
314 CMR 3.00-7.00,310 CMR 50.00 and 70.00
•I-IW ID#MV 413 584 6040
hazardous waste classification-V SQG
•DEP Facility ID#295346
RETURN TO COMPLIANCE
Dear Mr.Timberlake:
Department personnel on May 22 and November 25, 1998 conducted multimedia inspections of your
facility located at 219 Main Street, Northampton, Massachusetts. The purpose of this inspection was to
determine compliance with the above referenced laws and regulations, including the Hazardous Waste
Management and Environmental Results Program Certification regulations.
As of a result plthese inspections,N N-WE 9024-2H and NON-WE 0019003 2H,ato Ritz Camera Center of
of 3 for violation n ("NON"),
#823 for violation of the following regulations enforced by the Department:
A. Noncompliance With the Massachusetts Hazardous Waste Management Act,M.G.L.c.21C,
§§1-14,and the Hazardous Waste Regulations,310 CMR 30.0000
1. Hazardous waste (photographic process wastewater containing silver)has been generated
without notification to the Department,in violation of 310 CMR 30.061(1) (this was corrected on
December 3, 1998).
2 A hazardous waste container was not closed during accumulation, in violation of 310 CMR
30.6850)and as referred to in 310 CMR 30.353(6)(g).
This information is available in alternate formai by calling our ADA Coordinator at(617)574-6872.
436 Dwight Street•Springfield.Massachusetts 01103 F Recycled
M(4 ))e Paper•TOO(413)746-6620•Telephone(413)704-1100
Ritz Camera Center-#823,219 Main Street,Northampton
Return to Compliance
Page 2 of 2
3 Hazardous waste was being accumulated in) unlabeled container,in violation of 310 CMR
30.682 and as referred to in 310 CMR 30.353 6 ).
4. There was no "HAZARDOUS WASTE" sign in the accumulation area, in violation of 310
CMR 30.340(1)(j).
5. The accumulation area boundary was not clearly marked,in violation of 310 CMR
30.340(1)(k).
B. Noncompliance with the Massachusetts Environmental Results Program Certification,310
CMR 70.00
6. Records of maintenance and wastewater flow of the silver recovery system were not being
kept on site, in violation of 310 CMR 71.05(4)(a), (b), (d)and(e).
7. The facility's 1997 compliance certification dated September b 15, 997 co tai edoked or
o"more
false, inaccurate,incomplete, or misleading statements(question
of"Yes"because of the noncompliance in paragraphs A.1.through 5. above),in violation
of 310 CMR 70.04(2).
Department personnel re-inspected Ritz Camera Center#823 on April 14, 2000 for the purpose of verifying
compliance with the NON. As a result of this re-inspection, the Department has determined that your
facility has corrected the violations listed above and that Ritz Camera Center#823 was,at the time of the re-
inspection,in compliance with the laws and regulations cited in the NON.
If affectng this facility, please contact John re-inspection
thel concerning
ad other
or byncalling(413) 55-
2231.
Sincerel
Robert ucido
Chief,Compliance&Enforcement Section
Bureau of Waste Prevention
Western Region
ROUTED
ce-jfd-2: nhamrit4.doc
cc: Steven Ellis(two copies),Doris LeClair,DEP/WERO
William Sirull, Alissa Whiteman,DEP,Boston
Northampton Board of Health,210 Main St.,Northampton,MA 01060
Ritz Camera Center#227,Route 8, Old State Road,Lanesborough,MA 01237,
Attn: Paul Brassard.