YeaY Street Vegetation 1Vlanagement Plan

2017-2021

Town of Framin hamg

De a rtment of PublicpWorks

Municipal Operations Center100 i~Vestern Avenue

Framingham, Massachusetts 01702

TABLE OF CONTENTS

I. Introduction

II. General Statement of Goals and Objectives of the VMP

III. Identification of Target Vegetation

IV. Methods of Vegetation Management and Rationales for Their Use

A. SweepingB. Hand CuttingC. MowingD. Chemical TreatmentsE. Summary

V. Justification of Herbicide Application

VI. Sensitive Area Identification and Vegetation Control Strategies WithinThose Areas

A. Sensitive Area Restriction GuideB. Reference Materials and Sources of InformationC. Control Strategies

VII. Massachusetts Endangered Species Act

VIII. Operational Guidelines for Applicators Relative to Herbicide Use

A. SafetyB. WeatherC. Street Vegetation Management WidthD. Identification of No Spray AreasE. Contractor Duties and ResponsibilitiesF. Street Specifications

IX. Identification and Qualifications of Individuals Developing andSubmitting this Plan

X. Description of the Town's Vegetation Management Plan

XI. Alternative Land Use

XII. Remedial Plan to Address Spills and Related Accidents

A. Equipment

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B. Spill Control and Cleanup of Major and Minor Spills 17

XIII. Appendices

1. History of Vegetation Management Plan, Dan Nau2. Town of Framingham Street Maps3. 333 CMR 11.00 Right-of-Way Management Regulations

Introduction

The purpose of this Vegetation Management Plan (hereafter referred to as"VMP") is to outline the Framingham Department of Public Works' (hereafterreferred to as "FDPW") five-year plan for managing vegetation in compliancewith 333 CMR 11.00. The FDPW manages approximately 265 miles of streetwithin the town.

The primary objective is to provide safe, unobstructed Right of Way (ROW)travel for vehicles and pedestrians. Vegetation must be controlled where it mayinhibit access for the public and compromise sightlines, pavement, sidewalks, anddrainage. Street sweeping is our primary method of vegetation control. Properlymaintained vegetation allows for physical and visual access, and that is importantto provide for inspection and for the maintenance and repairs to the infrastructure.

II. General Statement of Goals and Objectives of the VMP

The goal of this document is to set forth the five-year VMP for the FDPW. Thisplan will outline the standard operating procedures for all vegetation managementoperations within the Town of Framingham streets.

The purpose of this plan is to document the FDPW's VMP standards, practicesand procedures, which are designed to control undesirable vegetation on streetsand sidewalks, while minimizing the risk of unreasonable adverse effects onhuman health and the environment. This document is intended to provide a basicsource of information for state and municipal officials, as well as, any interestedparties regarding the FDPW's VMP. This document is further designed toprovide overall guidance for the licensed applicators working for the FDPW tophysically accomplish the goals of the VMP.

The Town of Framingham's vegetation management goals and objectives are asfollows:

To utilize a VMP designed to maximize control of undesirable vegetationwhile minimizing the use of herbicides through their judicious use.

2. To ensure that all vegetation management operations are conducted in a safe,effective manner and in conformity with federal and state laws, regulations,and permit conditions.

3. To maintain streets to their full width.

4. To maintain protective buffers at environmentally sensitive areas.

5. At a minimum, to identify all sensitive areas such as public or private drinkingwater supplies, surface waters, wetlands, inhabited areas, agricultural areas,

state listed species habitat, and sensitive areas that will require specialconsideration during vegetation management operations.

6. To hand cut, mow, and to sweep in order to protect environmentally sensitiveareas where herbicide use is not permitted.

7. To comply with the law in regards to using certified licensed employees andcontractors to implement FDPW's VMP.

8. To have a FDPW representative respond quickly to any questions orcomplaints from the public and/or governmental agencies that relate to streetvegetation management.

9. To only use herbicides from the "Sensitive Area Material List" of theMassachusetts Department of Agricultural Resources (DAR).

III. Identification of Tar e~ etg ation

Any vegetation that grows in such a way as to create an unsafe condition orthreaten the welfare of the general public and/or the environment will beconsidered undesirable, and will be subject to control under this VMP.

In order for grasses, herbaceous plants and woody plants to be consideredundesirable they must meet at least one of the following criteria:

Do they cause an imminent hazard to the general public whereas a personcould be injured as a result of where the vegetation is growing? An examplewould be limiting sightline visibility or creating obstacles to street signs,traffic signals, vehicular and pedestrian movement.

2. Does the vegetation cause a future hazard to the general public if it is allowedto continue to grow where it is? An example would be Poison Ivy.

3. Will the vegetation cause harm to the environment due to the location inwhich it is growing? Examples of this could include invasive plants crowdingout desired species, disrupting biodiversity and generally damaging theintegrity of the environment.

4. Will the vegetation cause damage to the physical infrastructure andinvestment of the Town of Framingham?

Examples of Undesirable Vegetation

Road:All grasses, weeds and woody vegetation growing around guardrails, signs andabutments.

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Sidewalks:Grass and herbaceous weeds in cracks and on curbs. Vines and woody vegetationencroaching from the sides. Noxious and invasive weeds like OrientalBittersweet, Multi-Flora Rose, and Poison Ivy.

IV. Methods of Vegetation Management and Rationales for Their Use

The FDPW utilizes four methods of vegetation management on streets andsidewalks: sweeping, hand cutting, mowing and chemical treatments.

The treatment methods and/or mechanical methods are selected based on targetvegetation height and density, site sensitivity, and topography.

A. Sweeping

Due to recent changes in storm water regulations, the Town applies bestmanagement practices under the MS4 Storm Water Permit. The Town hasdeveloped a comprehensive street sweeping program, which provides theadditional benefit of removing debris and weeds that would grow in theroadways. Street sweepers clean gutter lines and streets throughout thecourse of the year as weather permits.

B. Hand Cutting

Hand cutting consists of the mechanical cutting of target species using.pruning shears, loppers, power trimmers, and power saws. Target speciesare cut as close to the ground as practical. Debris is either swept up orchipped up upon completion.

Hand cutting is used in order to protect environmentally identified sites oron target vegetation greater than twelve feet tall where foliar treatment isprohibited by regulation or easement restriction.

Hand cutting may be used at any time of year.

C. Mowing

Mowing consists of the mechanical cutting of target species. Severaltypes of mowers will be utilized. These include boom rotary or flail typeequipment, commercial walls behind mowers, push mowers and linetrimmers that are used seasonally.

D. Chemical Treatments

Herbicides are used to control undesirable vegetation. The primary reasonherbicides are used is for their ability to kill the root system of the

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undesirable plant, and therefore eliminate its ability to re-sprout.Additionally, herbicides are more cost effective when compared to othercontrol methods.

Types of application equipment or methods:

1. Low pressure backpack selective foliar: A hand pumped or motorizedbackpack sprayer with a hand held gun or wand used to treat individualplants.

2. Low pressure hydraulic pump utilizing hand gun: A gas or electricpowered pump on a vehicle with a hose and gun which the operatoruses by hand.

3. WeedSeeker~ Low pressure hydraulic pump boom: A photoelectricvegetation sensing sprayer such as WeedSeeker~ type of equipmentthat only selectively sprays green vegetation from a boom as it drivesalong the street.

Chemical treatments are used within the cleared width of the streets andsidewalks and in compliance with 333 CMR 11.00.

Application of foliar treatments is limited to the.season when leaves arefully developed in the spring until early fall when leaves begin droppingoff the trees approximately, June 10 to September 20.

All applications are done in accordance with manufacturer labels andUnited States Environmental Protection Agency guidelines.

E. Summary

Street sweeping is the most common method of control used by theFDPW. Chemical treatments will be used primarily where street sweepingis ineffective, such as on areas of the sidewalk surface.

V. Justification of Herbicide Applications

The FDPW uses a VMP emphasizing selective herbicide use to controlundesirable vegetation on its streets and sidewalks. This program integrates theuse of selective herbicide application, non-herbicide, mechanical cutting, andstreet sweeping. The FDPW believes this program is the safest, mostenvironmentally sound and cost effective program currently available. FDPWuses only DAR approved Sensitive Area Herbicides.

Due to the small amount of herbicide applied selectively, and herbicideformulations used are low in acute toxicity, do not bio-accumulate and, as

applied, have a short life span in the environment with very low soil mobility,there is little to no adverse effect on the public. Further, public exposure could beconsidered virtually negligible due to the high degree of control of the herbicidesolutions inherent in the treatment methods and the behavior of the selectedherbicides. A possible route for public exposure to these herbicides is throughdrift during foliar treatments. The FDPW's VMP eliminates significant drift fromfoliar treatments by requiring the use of low drift agents and prohibitingtreatments in high wind situations. Treatments are conducted in a manner whenpedestrian traffic is minimal, controlled, or not present.. Treatments will not beconducted when rain runoff is possible.

Herbicides used selectively have been demonstrated to be the most ecologicallysound vegetation management method especially, when compared to mechanicalmethods, which result in an unsatisfactory clearing of streets, sidewalks, andexpose personnel to potential risks.

Based on actual experience and observations, a selective herbicide program ismore cost effective than a mechanical cutting program. Labor, equipment, fueland traffic control are considerably more expensive and less effective. Due tobudgetary limitations and available resources, the FDPW does not possess thenecessary resources to adequately provide effective control of undesirable plantgrowth while maintaining other critical services.

It is important to reemphasize that the use of herbicides is not appropriate ornecessary in all cases. Herbicides will not be used if site sensitivity, regulatory,or easement restrictions, target species composition or height recommendotherwise. For example, herbicide treatments will not be used on targetvegetation in standing water or within designated no spray areas around drinkingwater supplies.

Presently, there is no practical alternative to a properly planned and implementedVMP emphasizing the selective use of herbicides. Used properly, herbicides arerelatively safe, efficient and effective in providing the necessary control of targetvegetation and will not cause unreasonable adverse effects.

VI. Sensitive Area Identification and Vegetation Control Strategies Within ThoseAreas

A. Sensitive Area Restriction Guide (333 CMR 11.04)

SensitiveNo Sp►•ay Zone Limited Use Zone

WhereArea Identified

Wetlands and Within 10 feet 10 — 100 feet; YOP MapsWater Over 12 months must elapse between and identifyWetlands a lications; on site

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SensitiveArea

Nn Spray Zone Limited Use Zone~'~'here

Identified

Selective low pressure, using foliartechniques or basal or cut-stumpa lications

Certified Within 10 feet 10 feet to the outer boundary of any YOP MapsVernal Pool Certified Vernal Pool Habitat; and identify

12 months must elapse between on siteapplications;Selective low pressure, using foliartechniques or basal or cut-stumpa lications

Public Ground Within 400 feet Zone II or IWPA (Primary Recharge Area); YOP MapsWater Supply (Zone I) 24 months must elapse between

applications;Selective low pressure, using foliartechniques or basal or cut-stumpa lications

Public Surface Within 100 feet of 100 feet to the outer boundary of the Zone YOP MapsWater Supply any Class A public A;

surface water source 24 months must elapse betweenapplications;Selective low pressure, using foliartechniques or basal or cut-stump

----------------------------aPPlications --------------------------------------

Within 10 feet of any 10 feet to the outer boundary of the Zone A;tributary or 24 months must elapse betweenassociated surface applications;water body located Selective low pressure, using foliaroutside of the Zone A techniques or basal or cut-stump

------------------------- _ _ _ a lications pp-----------------------------------

Within 100 feet ofany tributary orassociated surfacewater body locatedwithin the Zone A ofa Class A publicsurface water source ---------------------------- Within alateral

-----------------------------------------------------Within a lateral distance of between 100 -

distance of 100 feet 200 feet for 400 feet upstream of intake;for 400 feet upstream 24 months must elapse betweenof any Class B applications;Drinking Water Selective low pressure, using foliarIntake techniques or basal or cut-stump

a lications

Private Water Within 50 feet50 —100 feet;

In YOP wellSupply

24 months must elapse betweenlist andidentify on

applications;site

SensitiveNo Spray Zone Limited Use Zone

WhereArea Identified

Selective low pressure, using foliartechniques or basal or cut-stumpa lications

Surface Within 10 feet from 10 feet from the mean annual high water YOP MapsWaters mean annual high- line and the outer boundary of the and identify

water line Riverfront Area; on site12 months must elapse betweenapplications;Selective low pressure, using foliartechniques or basal or cut-stumpa lications

Agricultural N/A 0 — 100 feet Identify onand Inhabited 12 months must elapse between application; siteAreas Selective low pressure, using foliar

techniques or basal or cut-stumpapplications.

State-listed No application within habitat area except in accordance with a YOP MapsSpecies Yearly Operational Plan approved in writing by the Division ofHabitat Fisheries and Wildlife

In this policy of the FDPW to use only herbicides and application methodsrecommended for the use in sensitive areas as per 333 CMR 11.4 (d) on thefull length and the width of all streets and sidewalks to be treated.

Sensitive areas not readily identifiable in the field include public ground watersupplies, public surface water supplies, and private wells. To identify thesesensitive areas consulting the appropriate reference material, sources andmaps to determine the precise location of these areas. Boundaries of thesesensitive areas within the Town will be placed on street YOP maps.

The FDPW will be assisted by a Framingham Conservation Agent in thedelineation of sensitive areas in the field. These areas will be stenciled "NoSpray Zones" on the sidewalk, curb, or street with pink spray paint.

B. Reference Materials and Sources of Information

Reference materials and sources to be utilized to identify sensitive areasinclude, but are not limited to the following:

1. U.S. Geological Survey Topographic maps

2. DAR staff and data resource

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3. Massachusetts Dept. of Environmental Protection Water Supplymaps

4. Wetlands Conservation maps

5. Massachusetts Division of Fisheries and Wildlife, Natural Heritageand Endangered Species Program (NHESP)

6. Municipal maps or records, including informationprovided in response to the required municipal notification letters

7. Framingham Board of Health: a list of private water wells

8. Framingham Conservation Personnel

9. Massachusetts Geographic Information System (GIS) and theTown of Framingham (GIS)

These materials and sources shall be compiled and referenced whenavailable, prior to the commencement of the treatment operation on astreet. The FDPW will solicit information from sources, as required in theregulation, for information on sensitive areas not readily identifiable in thefield.

C. Control Strategy

Control strategies to be utilized within and adjacent to Sensitive Areas aredetailed on YOP maps. In areas where herbicides are prohibited, asidentified on the map, hand cut and/or mowing methods are used.

VII. Massachusetts Endan er~pecies Act

The Massachusetts Endangered Species Act, M.G.L. c. 131A, and regulationspromulgated under 321 CMR 10.00 set forth procedures for the listing ofEndangered, Threatened and Special Concern species native to Massachusetts,the designation of Significant Habitats for such species, and established rules andprohibitions regarding the activities which take species or alter their SignificantHabitats.

Provisions of 321 CMR 10.00, Part 11, allow NHESP to designate SignificantHabitat on any land in the Commonwealth. The FDPW would be notified as anowner of interest in any Significant Habitats that incorporates the right-of-way.No such designations have been made to date. Vegetation management activitieswithin Significant Habitats require an Alteration Permit from the Director of theDivision of Fisheries and Wildlife, 321 CMR 10.00, Part 111. The FDPW will, if

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it becomes necessary, seek such a permit under the Coordinated Permit Reviewprocess of the Regulation, Section 10.38.

VIII. Operational Guidelines for Applicators Relative to Herbicide Use

The FDPW is responsible for maintaining the ROW in Framingham. The FDPWis also responsible for the VMP and has contracted out the application ofherbicides to a qualified licensed applicator, which will be supervised by FDPWstaff.

A. Safetv

The Town will comply with all appropriate state and federal safety lawsand regulations. This includes applicable sections of the OccupationalSafety and Health Act (OSHA) and all worker safety related statementsand instructions on the herbicide label.

B. Weather

Herbicide application will be restricted during certain adverse weatherconditions, such as rain or wind.

Rain

Herbicide application will not be made during periods of moderateor heavy rainfall.

Foliar applications are effective in light mist situations; however,any measurable rainfall that creates leaf runoff will wash theherbicide from the target. If foliar applications are interrupted byunexpected rainfall, the treatment will not resume until the rainends and active leaf runoff has ceased.

2. Wind

Excessive wind can create drift during foliar applications.Significant herbicide drift can cause damage to desirablevegetation on or off the street.

To prevent any significant off-target drift of herbicides, theapplicator will comply with the following restrictions:

a. During periods of wind which are strong enough to bendthe top of the main stems of tree species on the streets, thecrew supervisor will. closely observe the applications of thefoliar treatment to assure that there is no significant

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movement of the herbicide solution off target. If thesupervisor observes significant movement of the herbicide,off target applications will immediately stop until the windhas subsided enough to continue further applications.

b. Applications are generally performed at night when windconditions are usually calmer. Applicators generally holdspray nozzles 6-12 inches off of the ground, reducing therisk of drift. WeedSeeker~ applications are normally done18 inches from the ground.

All herbicide solutions to be used for a foliar applicationwill contain low-drift agents. Low-drift agents will beadded to the foliar herbicide solution as per the low-driftagent label. In moderate wind conditions, as per labelrecommendations, low drift maybe added at the discretionof the contractor supervisor to control significant drift.

C. Street Vegetation Management Width

The FDPW's VMP should be applied to remove or control all undesirablevegetation within the streets and sidewalks.

D. Identification of No Spray Areas

Visually and environmentally sensitive areas must be buffered and treatedaccording to procedures and specifications set forth in Section VI. Aqualified FDPW employee will be deployed ahead of the treatment crewto identify no spray areas and to designate the appropriate buffers. Thisemployee will stay far enough in advance of the treatment crew so thatadequate time is allowed to identify these boundaries with 28" trafficcones before the treatment crew. reaches the area.

E. Contractor Duties and Responsibilities

Vegetation management operations must be conducted according to thismanagement plan and according to the written instruction of the FDPW.Failure to do so is grounds for removal of the crew from the treatmentsite by the FDPW and/or termination of the contractor's contract at thediscretion of the FDPW.

The contractor is responsible for providing the following:

a. Experienced and/or trained workers, who areappropriately licensed and certified. Workers mustconduct themselves professionally at all times.

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b. Appropriately licensed and certified supervisors whoare knowledgeable with regard to all aspects of thecontracted treatment and who are responsive to theguidance of the FDPW. Supervisors must be able toeffectively communicate with the public. Theymust also effectively supervise contractor crews inorder to ensure the satisfactory completion of thetreatment operation and compliance with allappropriate standards and regulations.

c. Compliance with all applicable federal and statelaws and regulations.

d. Equipment, including backup equipment, which issufficient to maintain the highest practical level ofefficiency and effectiveness. Equipment must bemaintained in good visual order and workingcondition.

e. Herbicides, adjuvants, carriers and additives(hereinafter collectively referred to as "materials").Materials and mixture rates will be specified by theFDPW. The specifications will not be deviatedfrom without the approval of the FDPW. Thecontractor is responsible for the proper disposal ofall excess materials and solutions in accordancewith all applicable federal and state laws,regulations and guidelines.

f. Proper Personal Protective Equipment and spill remediationequipment. Emergency contact list will be provided by FDPW.

F. Street Specifications

The FDPW Director of Highway and Sanitation will inform the contractoremployee which street ways will be treated, the range of dates oftreatment, application methods, materials, and mixing rate to be used.

The FDPW will supply appropriate maps displaying no spray areasand written instructions outlining any special treatment considerationsor instructions for each right-of way.

No work will be done until the FDPW employees and or contractors havethe appropriate maps, directives, and mixing rate instructions unlessotherwise authorized by the FDPW.

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All treatment crews must carry copies of this VMP and a current YOP.

IX. Identification and Qualifications of Individuals Developing and SubmittingThis Plan

The Town of Framingham feels strongly that it is necessary to have qualifiedprofessionals to conceive, design, implement, and supervise all phases ofvegetation management operations. Vegetation management, especiallyherbicide application operations, requires an elevated level of technical expertiseand experience in order to design the best integrated management approach,and to adequately prescribe the proper treatments to control undesirablevegetation while minimizing site impacts.

The FDPW has four licensed individuals.

The professional responsible for developing and submitting this plan is:

Daniel NauDirector of Highway and Sanitation/Tree WardenTown of FraminghamDepartment of Public Works100 Western AvenueFramingham, MA 01701

Mr. Nau developed and wrote the previous three Five Year VMP plans andoversaw the redevelopment of this plan. He is responsible for system-widedesign, planning, coordination, and supervision of all street vegetationmanagement operations. This includes, but is not limited to, preparing andimplementing this VMP, scheduling work, estimating budgets, prescribingherbicides and application methods for each street, obtaining necessary permits,preparing required notification, selecting contractors, spot checking treatmentcrews, providing technical expertise, and acting as the liaison between thecontractors, employees and landowners.

X. Description of the Town's Vegetation Management Pro~am

The use of herbicides, as outlined in this VMP, are applied to streets andsidewalks as a means of controlling target vegetation, while reducing reliance onchemical pesticides by using selective pesticides, timing applications to maximizecontrol while minimizing pesticide use and avoiding fixed application schedules,utilizing street sweepers, mowers, and hand cutting methods. Protecting non-target organisms and environmentally sensitive areas.The Town's VMP program recognizes and considers all of the concepts identifiedin the VMP definition:

• Reducing reliance on chemical pesticides

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• Using selective pesticides/application procedures• Timing applications

• Avoid fixed applications schedules

~ Protecting non-target organisms

• Protecting environmentally sensitive areas

The Town is reducing its use of chemical pesticides. This reduction has beendemonstrated by observing herbicide use through the history of the Town's VMP.Over the last fifteen years the Town has regained control of weed growth. At theinception of this program weed growth was heavy and prevalent on all streets tobe treated. As the program has progressed there is much less initial growth earlyin the year and there is a steady decline of weeds in general. What wouldoriginally take seven to eight nights of treatment now is done in two to threenights.

The Town is using highly selective application procedures. The key factor withinthe Town's program that minimizes herbicide use and provides selective results isthe utilization of the very selective application methods. Therefore, evennonselective herbicides, such as glyphosate formulations, can result in veryselective results.

Timing applications are important to maximize control while minimizingpesticide use. The Town schedules herbicide applications during a time frame inwhich the particular herbicide or application method is most efficient andeffective. Further, long-term timing is critical in minimizing herbicide use andensuring maximum control. Optimum treatment conditions for street targetvegetation are, on average, heights of six to ten inches.

Avoiding fixed application schedules is accomplished by not treating a street untiltarget vegetation height reaches optimum levels. The Town inspects streets thesecond year after the treatment and every year prior to the next treatment toobserve target vegetation. When target vegetation height averages six to teninches, a street is scheduled for treatment.

Protecting non-target organisms is accomplished through the utilization of veryselective treatment methods with restrictions placed on those methods to furthercontrol applications, through selections of herbicides that are low in toxicity, andby using those herbicides at the lowest effective rate that the risk of unreasonableadverse impacts through herbicide mobility or persistence is expected to bevirtually eliminated.Protection of environmentally sensitive areas is accomplished by limitingherbicide treatments on and near the sensitive areas. This includes the use of rion-herbicide mechanical treatment methods where appropriate. To protect these

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sites, sensitive area setbacks are established and treatments are restricted. Theprescription of these treatments are based on the regulations, which consider thedegree of sensitivity of each site and the requirements to minimize anyunreasonable adverse impacts to that area.

Annually, the FDPW Director of Highway and Sanitation, Highway OperationsManager, and Tree Warden will review the YOP and the Town's VMP to ensurethat they reflect the most current and practical industry standards. References andresources to be used for this review include but are not limited to: operationalexperience, industry publications, new research, and comments frommunicipalities, state agency input, contractors, and regulatory changes.Amendments will be made to this VMP according to 333 CMR 11.05 if theFDPW determines changes are appropriate.

Prior to the start of the herbicide application season, the detailed VMP for thecalendar year consistent with the terms of the long term VMP will be described inthe Yearly Operational Plan (YOP). The YOP will be made available fora forty-five day municipal agency review and comment period, and newspapernotification will be provided 48 hours in advance of the commencement of thespray activity (in accordance with 333 CMR 11.06 & 11.07 and Chapter 85 of theActs of 2000). The YOP will contain maps locating the ROW and No SprayAreas not readily identifiable in the field, information on the herbicides proposedfor use, and applicator contact information.

XI. Alternative Land Use

Every effort will be given for alternative land use options. However, there arespecific criteria to be met for adoption of alternative land use options. First, thealternative land use option must control the undesirable vegetation in a similarmanner, ecologically and efficaciously as allowed in this VMP. For example, acommon practice of abutters to roadways is to mow and maintain road shoulders.In this instance, the monitoring program would reveal that the area does notwarrant vegetation control. A written agreement with landowners for alternativevegetation control methods will be obtained. This agreement would clearlyspecify that FDPW will not treat vegetation in these areas and outline thelandowner's responsibilities for vegetation control.

XII. Remedial Plan to Address Spills and Related Accidents

The Town retains licensed employees and contractors to accomplish all aspects ofthe herbicide applications including the containment, cleanup, and reporting of anherbicide spill or related accidents. However, per the terms of the contract,employees are required to comply with all applicable laws, regulations and rulesincluding conformance with the following minimum standards:

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A. Equipment

Applicator crews must carry with them, at all times, a shovel, broom,heavy duty plastic bags or other leak proof containers, spill booms, andadsorptive clay.

B. Spill Control and Cleanup of Major and Minor Spills

As soon as any spill is observed, immediate action must be taken tocontain the spill and protect the area. The cause of thespill must be identified and secured. Spill containment maybeaccomplished by covering the spill with adsorptive clay or otheradsorptive material. For large spills, building clay or soil dikes toimpede spill progress. Protection of the spill area until proper cleanup canbe accomplished by placing barriers, flagging, or placing crew members atstrategic locations. If a fire is involved, caxe must be taken to avoidbreathing fumes from any burning chemical.

Cleanup of minor spills may be accomplished by soaking up the spill withadsorptive clay or other adsorptive material and placing it in leak proofcontainers for proper disposal. Dry herbicides, such as granular, may beswept or shoveled up directly and placed in leak proof containers forproper disposal. All contaminated soil should be placed in leak proofcontainers, removed from the site, and disposed of properly. Activatedcharcoal should be incorporated into the soil at the spill location at a rateof seven pounds per thousand square feet to deactivate any residualherbicide. Any minor spill will be reported to the Pesticide Bureau within24 hours.

Major spills are defined by DEP as reportable quantities of a hazardousmaterial that are managed by 333 CMR. Any major spills should beevaluated under the reporting requirements of Massachusetts ContingencyPlan (MCP) 310 CRM 40.000. Major spills should be handled in the samefashion as minor spills. However, more equipment and materials may berequired for cleanup and certain notifications are mandatory. If the spill istoo large for the treatment crew to clean up, then, after containment andsite protection is accomplished, a hazardous waste cleanup companyshould be contacted immediately and directed to the site. The FDPW,DAR, as per 333 CMR 10.15 (4) Record Keeping Requirements, DEP andany other persons or agencies stipulated in applicable federal, state ormunicipal laws will be notified.

Once contained, or if unable to contain, control or absorb the spillproperly, ca11911 for the local fire department. The fire department is thefirst responder in spill situations.

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Report the spill to the appropriate authorities as necessary:

DEP 24-hour Spill ReportingTo report a release of oil or hazardous material, call the DEP 24-hour•notification line toll-free (888) 304-1133From Northeast Regional Office (978) 694-3200

DAR (Department of Agricultural Resources) Pesticide BureauWithin 48 hours (617) 626-1700

Director of Highway and SanitationDaniel Nau (508) 532-6030

Minor non-reportable spills must be thoroughly absorbed, shoveled, swept up, andput into a leak proof container for disposal in a legal manner. Spread activatedcharcoal, or suitable material, over area to inactive any residual material.

In the event of personal contact with hazardous materials:

• Remove clothing that is soaked with hazardous materials.• Wash affected area with sufficient soap and water.• Provide appropriate first aid.• Contact a physician or poison control center if necessary.• Do not breathe fumes of hazardous materials.

Other Helpful Numbers

Massachusetts Poison Center (800) 682-9211

American Association of Poison Control (800) 222-1222

Massachusetts Department of Public Health Bureau of Environmental HealthToxicology ProgramFor questions about exposure to pesticides (617) 624-5757

Massachusetts State Police Headquarters

Chemtrec /Emergency 24 Hour Number

(508)820-2300 or 911

(800) 424-9300

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Appendix 1History of Vegetation Management Plan 2002-2016Dan Nau ~ Director of Highway and Sanitation

Prior to having an approved Vegetation Management Plan (VMP), the Town ofFramingham had to utilize manual mechanical means to control weed growth. Thisprocess was time consuming and inefficient. Several problems that the Department ofPublic Works faced included out of control weed growth, debris cleanup, and employeehealth issues, including poison ivy and respiratory related problems. Additionally, thismethod generated severe dust clouds, which limited the visibility of the crew,pedestrians, and vehicular traffic. This created the potential for traffic issues andhazardous situations for the crews working in the roadway. In an attempt to manage theout of control vegetation, afive-man crew and supervisor were typically assigned, usingmainly line trimmers. The crew was able to cut and trim about one mile per day, as wellas address associated clean up issues. This use of manpower depleted the Department'sresources during the relatively short New England construction season and left manynecessary infrastructure repairs unaddressed. It was clear the Town and the Departmentneeded to move toward a more productive and proactive solution to reduce potentialhazaxds, expenditures, and the use of resources.

The Department's first VMP and first Yearly Operational Plan (YOP) were approved in2002. The application of herbicides was then able to be contracted out to a qualifiedcompany. In the first year, the contracted company worked ten, ten hour nights and wasonly able to complete approximately half of the approved street list. We observed a highlevel of usage and although target spraying was the goal, anearly-constant trigger pu11seemed necessary to address the high volume of vegetation. It took several years to get ahandle on growth control, but with every successive treatment, we observed significantimprovement. Soon crew sizes, application time, and the amount of herbicide used weredecreased. Some streets even required little or no treatment at all. Today, our programtypically consists of a two or three man crew, working two or three nights, and isconsidered a maintenance program.

At the program's inception, the Department was inundated with complaints, both fromother Town departments and from residents. The School Department was concernedabout walking routes, bus stops, and poison ivy. The Police Department requested thatwe address sightline and obstruction issues. The Fire Department requested fire hydrantand fire pull boxes be addressed. Residents of the Town were concerned about all of theabove issues and had complaints regarding the aesthetics of their neighborhoods.Residents wanted not only the vegetation to be addressed, but also damage done to theroads and sidewalks by established root systems.

Due to recent changes in storm water regulations, the Town has developed acomprehensive street sweeping program, which provides the additional benefit ofremoving debris and weeds that would grow in the roadways.

Today, the majority of complaints that the Department now receives regarding vegetationmanagement are relative to tree and scrub trimming or removal concerns. As we enterinto the sixteenth year of the program, it is easy to see how much the program hasprogressed. The Town's VMP has succeeded in its goals to reduce and control weedgrowth and to provide safe and unobstructed roads and sidewalks. By having anapproved VMP, the Town benefits from a significant financial advantage. In today'seconomic climate, with reduced budgets and labor forces, the Department could notafford to put a five to six man crew on daily weed removal operations. This use of theDepartment's labor force would defer other critical maintenance, necessitating even morecostly repairs. The program is a major factor in reducing hazards to the Department'screws and to the residents of Framingham.

The Town has had a VMP in place for fifteen years and herbicide applications have beenperformed without incident. The program has been extremely successful and beneficialto achieving the goals of the Department of Public Works.

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