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BEACON HILL BEAT
JUNE 2006

OSHA 10-HOUR CERTIFICATION LAW EFFECTIVE JULY 1, 2006

Starting on July 1, 2006, employees working on public construction projects in MA must have completed the OSHA 10-Hour Safety Training course.  Documentation of each employee’s training must be submitted with the first certified payroll.  The Attorney General’s Office, which is in charge of enforcing the law, is still determining the exact scope of the law and has not released an advisory on how the law will be enforced. UCANE has had several meetings with the AG’s Office to clarify the meaning of the law, but they have yet to issue an official advisory.

UCANE has been holding OSHA 10-Hour Training Courses over the past six months.  We recommend that all employees working on a construction site take the training and carry a copy of their OSHA 10-Hour card with them at all times.  Additionally, all employers should keep photocopies of each employee’s OSHA 10-Hour card at their office and their jobsite so that it can be easily located. 

Once the AG’s Office provides documentation on how this law will be enforced, we will immediately notify our members. 

MWRA RELEASES 2006 WATER QUALITY REPORT

The MWRA released their annual Drinking Water Quality Report describing how the Authority treats, tests, and delivers drinking water to their ratepayers.  Tests are conducted on water samples after treatment and also sampled from MWRA or community lines.  As a result of the completed construction of the MetroWest Tunnel and the Norumbega Water Storage Tanks, MWRA drinking water is protected once it leaves the Wachusett Reservoir until the time it comes out of faucets. 

Below are some MWRA test results, none of which are violations of state or federal water quality restrictions.  Further information on MWRA’s water quality can be found at www.mwra.com        

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DEP ENFORCES SAFE DRINKING WATER REGULATIONS

Companies Fined $55,000 for Violating  Safe Drinking Water Act Requirements

The DEP has fined two companies a total of $55,000 for violations of the Safe Drinking Water Act that occurred at their combined gasoline station/convenience store in Boxborough, MA.  The two firms, Pauleo LLC, the owner of the property, and Verc Enterprises, the operator of the gas station and convenience store must pay $13,750 of the penalty to the Commonwealth, with the remaining $41,250 to be used to complete a Supplemental Environmental Project (SEP) with the community. 

The DEP conducted an inspection of the Boxborough facility in July of 2004, and determined that the owner/operator had modified the public water system at the facility by expanding the use of the water supply source, and also by operating a water treatment system for the source without having received the appropriate permits. The DEP also determined that land uses within the 100-foot water supply protection area around the well were in violation of the regulations.  As a result of negotiations with DEP, the two companies have entered into a consent order which contains a schedule for the development of a new water supply source at the facility that will comply with DEP’s New Source Approval Process, and the requirements of the Safe Drinking Water Act. The order also contains a comprehensive water testing and monitoring plan that will allow for the continued use of the existing, non-compliant source during the development of the new compliant well. 

Condominium Trust Fined $17,000 for Violating Safe Drinking Water Act Requirements

The DEP fined Woodvale Condominium Trust $17,000 for violations of the Massachusetts Drinking Water regulations that occurred at the public water supply serving the condominiums in Acton, MA.  Based upon the review of water monitoring data and inspection reports, the DEP determined that the Trust had failed to notify residents that levels of naturally occurring uranium in the drinking water exceeded the state standards, and also failed to take appropriate action to reduce the concentration of uranium in the water to a level deemed safe for consumption.  It was also determined that the drinking water well does not meet the well redundancy or water storage requirements in the regulations, and the protective zone around the water supply well does not meet the land use activity requirements to assure safety of the water supply source. The condominiums’ wastewater treatment facility is located within the water supply protection zone.

As a result of negotiations with the DEP, the Trust has agreed to enter into a consent order that requires public notification be distributed to all persons served by the water supply, each time tests show uranium levels exceed the standard, until the Trust ties the condominiums into the Acton Water District supply and abandons the on-site source. The consent order also requires the installation of additional monitoring wells around the wastewater treatment facility.  The DEP has agreed to suspend $14,500 of the penalty provided the Trust remains in compliance with the order.

~ FEDERAL LEVEL ~

On May 26th The Unite States Senate, in a voice vote, confirmed Dirk Kempthorne as the 49th Secretary of the Department of the Interior.  President Bush administered the oath of office later the same day.  Prior to his conformation, Kempthorne served nearly two terms as Governor of Idaho, first elected in 1998, and reelected in 2002.  He also served one full term in the United States Senate from 1993 to 1999.  As a Senator he wrote two major pieces of legislation that were adopted by Congress.  The first was a bill to end unfunded federal mandates on state and local governments and the second a substantial revision of the federal Safe Drinking Water Act.  He has also served on the local level as the Mayor of the City of Boise from 1986 to 1992.  Kempthorne replaces Gale A. Norton who served as Secretary under the Bush Administration for five years.     

United States Secretary of Transportation Norman Mineta announced that he will be stepping down from his position effective July 7, 2006.  As the 14th Secretary, Mineta is the longest serving Secretary in the history of the Department of Transportation, formed in 1967. 

Prior to joining President Bush's administration, Secretary Mineta served as Secretary of Commerce under President Clinton. Mineta was the first Asian-American Cabinet member and the first Cabinet member to switch directly from a Democrat to a Republican Cabinet.  Prior to accepting the Cabinet position in the Clinton Administration in 2000, he was vice president of Lockheed Martin Corporation. 

From 1975 to 1995, he served as a member of U.S. House of Representatives where he was Chairman of the House Public Works and Transportation Committee from 1992 to 1994.  He also served as Mayor of San Jose, CA prior to his term in the House.  Mineta is one of only three original Bush Cabinet members still serving, the others being Defense Secretary Donald Rumsfeld and Labor Secretary Elaine Chao, and the only Democrat to serve in the Bush Cabinet.      

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