Description
I believe that the Good Fortune Market's HVAC units on their recently completed addition are in violation of MA DEP Noise Control Regulation 310 CMR 7.10 and so far the City of Quincy has done nothing to look into or otherwise investigate. In accordance to 310 CMR 7.52 Enforcement Provisions:
"Any police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized by the DEP to enforce, as provided in M.G.L. c. 111, S 142B, any regulation in which specific reference to 310 CMR 7.52 is cited."
Not sure what my next steps are but I will not stop until this issue is addressed.
4 Comments
Acknowledged Katie Conso (Registered User)
Timothy Feehan (Registered User)
So, an email received from Jay Duca on April 19, 2016, is included below. However, what is lacking in the email is a description of equipment used to measure the noise source, physical location of the measurements, and what distance from the noise sources the measurements were taken. Further, it is not clear if measurements were taken at times when the HVAC and refrigeration units were operational. The measurement location could also have been shielded by the building itself resulting in lower recorded noise levels. It should be noted that the DEP's policy is:
"A noise source will be considered to be violating the Department’s noise regulation (310 CMR 7.10) if the source:
1. Increases the broadband sound level by more than 10 dB(A) above ambient, or
2. Produce a "pure tone" condition – when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.
These criteria are measured both at the property line and at the nearest inhabited residence. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time (L90), measured during equipment operating hours. "Ambient" may also be established by other means with consent of the Department."
The 2 arbitrary measurements in the email below contain no information on "pure tone" condition, fail to identify what is considered "Ambient", fail to show any analysis as to the requisite L90 levels, and fail to address the need to measure sound at the nearest inhabited residence and at the property line. Measurements from the 2nd story of my home would be in direct line-of-sight (approximately 100 ft) to the noise sources and not shielded by the rooftop of the supermarket. In addition, early morning (12AM to 3AM) would likely be more typical for determining the worst-case noise differential, as noise would carry different at night, and may more accurately represent ambient conditions when equipment was not operating. For reference, typical suburban noise levels (likely applicable here given the physical location in what was a quiet dead end) usually ranges from 35 to 45 dBA.
I would think a longer-term assessment establishing more appropriate measurement protocol would be appropriate considering the real impact that surrounding residents, particularly myself and my closest neighbors, are currently experiencing. Given the measurements provided, I would speculate that an accurate assessment more in-line with the parameters outlined in existing regulations, particularly for A-weighted L90 sound pressure levels at appropriate locations to account for existing sound receptors and during the appropriate times when equipment is actually operating, may in fact result in exceedance of the DEP noise regulations.
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Dear Citizen,
I took two sound measurements , one on 4/12 at 9:30pm and one today at 1 pm. The readings were 55-58Db and 56-62Db respectively. There was no noticeable difference in measurement between the building sound and ambient sound. The sound readings are well within the City Ordinance and DEP limitations.
Sincerely,
Jay Duca
Director ISD
Timothy Feehan (Registered User)
Timothy Feehan (Registered User)