When Dan Foley, CLP, president of D. Foley Landscape, Inc., in South Walpole, Massachusetts, decided to build a new facility, he researched what kind of storage he needed for his pesticides. “When I first looked into hazardous materials (Hazmat) storage regulations, I was intimidated,” Foley recalls. “As I became more involved in the process, I discovered the regulations were practical and compliance was not even that expensive.”

Foley’s new facility features a 10’ x 11’ self-contained structure for storing treatment products. Constructed with fire-rated concrete blocks, the structure has a ventilation system, fire-rated doors, secondary containment capability, explosion-proof electrical outlets and light switches, and a fire suppression (sprinkler) system. It also has a concrete roof. The building contractor constructed the storage area for a cost of less than $4,000.

As Foley explains, contractors have several resources available to lead them to the proper storage for their pesticides, herbicides, and insecticides. Fertilizers, because they have a high percentage of nonhazardous material, were not subject to the same regulations as

D. Foley’s other chemical products.

“Contractors generally fall in two categories,” says Foley. “They either own or are going to build a facility, or they lease their facility.” For owners and prospective owners, he advises taking the following precautions:

·         Before building, contact a civil engineer to determine if the location of the proposed facility meets standards for distances away from aquifers and other water sources. In addition, a civil engineer may be able to identify any use restrictions related to the zoning of the land.

·         Building architects are familiar with federal and state building codes. Just give them the MSDS (material storage data sheets) for hazardous material and the quantities involved, and they can relay the requirements.

·         Another excellent source of information is your local fire department. Foley encourages contractors to use fire department officials as allies. His fire department had two specific recommendations for the storage structure — labeling the door with a Hazmat warning sign and locating the MSDS just outside of the door. Officials had the following three other suggestions as well — (1) Never store fertilizer more than two pallets high without storage structures such as racks or shelving; (2) do not keep oil and fertilizer in the same proximity; and (3) allow fire department personnel to tour the facility.

Contractors who lease a facility would use the same resources except they may look to their landlord instead of a civil engineer to determine if a building meets ALL zoning requirements.

There are other additional sources of Hazmat safety information, Foley points out. “Your local pesticide bureau can give good advice on housekeeping (e.g., how to label chemicals and how to rinse and clean out containers). They can also give advice on disposing old or unlabeled products.” Foley’s company recently retained a private contractor to dispose of old and unlabeled chemicals. “The contractor took away no more than six gallons of material and charged about $550 for the effort,” says Foley. The message, he adds, is to “use up your old inventory and make sure labels are in place on all containers.” His company has since instituted a quarterly inspection process to ensure chemicals are properly stored, labeled, and scheduled for use.

Product suppliers can also be of help, especially by making sure your company has updated MSDS for products. Insurance risk assessors can provide good insight, too. Most insurance companies will visit a site on request and give a risk assessment.

As Foley emphasizes, “Contractors concerned that they may not be complying with Hazmat regulations should just make a call or two.” Regarding the construction of a storage structure, he notes that there are several alternatives, including hiring a private contractor to build one, like he did, or contacting one of several aftermarket providers that sell containers for storing material both inside and outside of a shop. In fact, smaller contractors may be able to comply simply by using an inexpensive fire suppression cabinet.

Contractors may never be questioned about Hazmat storage, Foley notes. Then again, he says, “If your company has a fire or an accident, or if a building inspector stops in, chances are how you store your herbicides, fungicides, and insecticides will be open for discussion.” At that point, the contractor is better off being in compliance than the alternative. Furthermore, he adds, the rules and regulations regarding the storing of hazardous material are practical and not that expensive to meet. “It is always better to be safe than sorry.”

3/04

By Rod Dickens, ALCA Contributing Writer