{"operation":"document","citation":"08-0162","title":"Montvale Cares, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-07-21","effective_on":null,"summary":"08-0162 response to Montvale Cares, Inc. concerning 172.201.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0162.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0162.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0162","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080162.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave.. S.E\nWashington, DC 20590\nJUL 2 1 2008\nMs. Pamela Smith\nMontvale Cares, Inc.\n29 Hickory Hill\nMontvale, New Jersey 07645\nRef. No.: 08-0162\nDear Ms. Smith:\nThis is in response to your June 6,2008 letter addressed to Ms. Colleen Abbenhaus, Chief,\nEastern Region, Office of Hazardous Materials Enforcement, and to this Office, requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80)\napplicable to the shipping paper retention requirements. Your scenario is based on a company\nthat receives UN 179 1, Hypochlorite solutions, 8, PG 11, for use in its water storage tank.\nSpecifically, you ask if the company is required to maintain copies of the shipping papers\nused for the delivery of the hypochlorite solution.\nIt is unclear from the information contained in your letter if the subject company also\ntransports the Class 8, PG I1 material to its facility. The shipping paper retention\nrequirements contained in the HMR apply to each person who offers a hazardous materials for\ntransportation (§§ 172.200(a) and 172.201(e)) and each person who accepts a hazardous\nmaterial for transportation in commerce ($ 177.8 17(f) for highway transportation). The\nshipping paper retention requirements do not apply to a company that receives Class 8\nmaterial for use at its facility. In addition, if the subject company transports the Class 8\nmaterial for use at its facility, the shipment may qualifl under the materials of trade (MOTS)\nexception if the material is contained in a packaging having a gross mass or capacity not over\n\n<<<PAGE 2>>>\n\n30 kg (66 pounds) or 30 L (8 gallons). If the applicable requirements in § 173.6 are met,\nother requirements in the HMR (including shipping papers) do not apply. See the MOT\nprovisions in $ 173.6.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\ncc: Ms. Colleen Abbenhaus\nChief, Eastern Region\nOffice of Hazardous Materials Enforcement\n\n<<<PAGE 3>>>\n\nMONTVALE CARES INC. ,\n29 Hickory Hill 8 j f 1.' ' - 9 p:! Zt 32\nMontvale, New Jersey 07645 Sag< r (h.l waf kc\nJune 6,2008\nVIA FACSIMILE (609) 989-2277 AND REGULAR MAIL\nChief Colleen Abbenhaus\nOffice of Hazardous Materials Enforcement - Eastern Region\n820 Bear Tavern Road, Suite 306 West Trenton, New Jersey 08628\nOg-Ol6Z\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTJPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRE: UNITED WATER NE w JERSE Y (PD 95 PUMPING STATION)\nB ~ o c ~ 1 8 0 4 , L 0 ~ 5 MONTVALE,NEWJERSEY\n-Shipping Records of Sodium Hypochlorite (UNI 791)\nDear Ms. Abbenhaus and Mr. Mazzulo:\nPlease be advised that Montvale Cares Inc. is a New Jersey Nonprofit Corporation with\nover two hundred members that is concerned with the health, safety, and welfare of the residents\nof their community. This letter is requesting direction from the United States Department of\nTransportation, Pipeline and Hazardous Materials Safety Administration (\"PHMSA\") concerning\npotential code violations regarding the shipment of sodium hypochlorite by United Water New\nJersey.\nUnited Water New Jersey has submitted an application to the Borough of Montvale\nZoning Board of Adjustment for the construction of a water treatment and pumping station on a\nresidentially zoned property in which Montvale Cares Inc. is objecting to. United Water is the\nowner of said property and is proposing to construct a pumping and treatment facility adjacent to\na water storage tank presently existing on site. Said application is currently under review by the\nMontvale Zoning Board of Adjustment which is holding ongoing hearings in furtherance of same.\nAn integral part of United Water's Application involves the addition of a liquid sodium\nhypochlorite feed and storage tank. Sodium hypochlorite is classified as a \"hypochlorite solution\"\nunder \"hazard class 8\" and is identified as \"UN1791.\" As such, it is a regulated hazardous\nmaterial and is subject to the applicable placarding and shipping requirements pursuant to Title 49\nof the Code of Federal Regulations.\nThe Applicant presently maintains that multiple deliveries of sodium hypochlorite have\nbeen made to the water storage tank currently on site. Specifically, the Director of Operations for\n\n<<<PAGE 4>>>\n\nPHMSA\nJUNE 6,2008\nPAGE -2-\nUnited Water New Jersey, Gary Harstead, testified at the January 30, 2008 Montvale Zoning\nBoard of Adjustment meeting that deliveries have been made to the subject site several times a\nyear in the past. Mr. Harstead stated when questioned by a concerned citizen:\nMr. Santarelli: \"How often do you treat it presently?\"\nMr. Harstead: \"Perhaps several times a year\"\nMr. Santarelli: \"Several times a year and then it'll go. . .\"\nMr. Harstead: \"NO it's several; times a year now\"\n(Montvale ZBA Meeting: 1/30/08; p.59, lines 13-21)\n----------\nMr. Santarelli: \"Presently, you treat the water, you said several times a year. Is that\nright? With hypochlorite presently?\"\nMr. Harstead: \"Yes\"\n(Montvale ZBA Meeting: 1/30/08; p.60, lines 12-15)\nMr. Harstead expounded on his initial statements concerning the deliveries of sodium\nhypochlorite when cross examined by opposing counsel, Mr. Mayland, at the January 30, 2008\nZoning Board meeting:\nMr. Harstead: \"Well like I said, it could be, you know about four times a year.\nWhat should happen is, during the year, generally from I'd say, you\nknow, from late fall through mid-summer, the chlorine level\ndegradation is not an issue at this part in our system or most parts of\nour system. The problem is from, perhaps August through earlier\nOctober, mid-October. The water in the reservoir is warmer and\ntherefore the chlorine dissipates quicker.\nThere are certain times and conditions where we have\nnoticed when we've taken sample that the chlorine level up here in\nMontvale is approaching the .2 level. At that point, we would take\naction. No, it does not happen all the time but it does happen.\"\nMr. Mayland: \"But there is a record the last time this happened. Correct?\"\nMr. Harstead: \"I assume there's a record somewhere, yes.\"\nMr. Mayland: \"And y our company can provide that, I assume?\"\nMr. Harstead: \"Yeah\"\n(Montvale ZBA Meeting: 1/30/08; p.87 line 11- p.88 line 6)) (emphasis added)\n\n<<<PAGE 5>>>\n\nPHMSA\nJUNE 6,2008\nPAGE -3-\nThe Applicant has maintained throughout the subject proceedings that sodium\nhypochlorite deliveries were made to the Montvale site, however has stated they do not maintain\nthe records of such deliveries. Specifically, at the March 26, 2008 Montvale Zoning Board of\nAdjustment meeting, the applicant's attorney, Mr. Daniel Gielchinsky, stated when questioned by\nthe objectors' counsel Mr. Strasser:\nMr. Strasser: \"The other point that was discussed, the chlorine delivery\nrerecords.\"\nMr. Gielchinsky: \"We have ascertained we do not have them\"\n(Montvale ZBA Meeting: 3/26/08 p. 53, lines 18-23)\nMr. Gielchinsky further stated in response to objectors inquiries:\nMr. Strasser: \". . . The applicant, just for the record, is saying there is no record at\nall\"\nMr. Gielchinsky: \"Correct\"\nMr. Strasser: \"-as to this issue?\"\nMr. Gielchinsky: \"Correct.\"\nMr. Strasser: \"United Water does not maintain records regarding the chlorine\nlevel and issues which were requested?\nMr. Gielchinsky: \"We can move on, Mr. Strasser.\"\n(Montvale ZBA Meeting: p.55, lines 2-12)\nNumerous requests have been made to the Applicant to supply the delivery records of said\nsodium hypochlorite deliveries, however, the Applicant has responded by stating it is not in\npossession of any such records. Montvale Cares Inc. is not aware if any such records ever existed.\nFurthermore, Montvale Cares Inc.'s legal representation, Strasser & Associates, P.C., alerted the\nApplicant that pursuant to title 49 of the Code of Federal Regulations it is mandated by law to\nmaintain such records, however, the Applicant summarily dismissed said request and stated that\nthe statute does not apply to its transportation of the hazardous material.\nFor your convenience please find annexed hereto as \"Exhibit A\" a copy of our counsel's\ncorrespondence directed to the Applicant's attorney dated April 30, 2008 addressing the\naforementioned subject matter. Additionally, annexed hereto as \"Exhibit B\" please find the\nApplicant's response dated May 2, 2008 concerning same. Moreover, annexed hereto as \"Exhibit\nC\" please find our counsel's letter dated May 9,2008 addressing the potential code violations\n\n<<<PAGE 6>>>\n\nPHMSA\nJUNE 6,2008\nPAGE -4-\nmade by United Water New Jersey. It should be noted that a lengthy discussion of the\naforementioned correspondences took place during the May 14,2008 Zoning Board of\nAdjustment meeting. Full transcripts of the proceedings before the Montvale Zoning Board of\nAdjustment to date can be provided upon request.\nPlease advise Montvale Cares Inc. if United Water New Jersey is in violation of the\napplicable federal regulations and what the consequences of said violations will be.\nThank you for your time and anticipated cooperation regarding the within, and should\nyour office require any further documentation or would like to discuss this matter in more detail\nplease do not hesitate to contact me.\nSincerely,\nPAMELA SMITH\nPresident, Montvale Cares Inc.","truncated":false,"body_characters":9469}