[HISTORY: Adopted by the Special Town Meeting
of the Town of Stoughton 4-30-1990, Art. 1 (Ch. 77 of
the 1983 Code). Amendments noted where applicable.]
This chapter is adopted by the Town of Stoughton
under its home rule powers, its police powers to protect the public
health and welfare, and its authorization under MGL c. 40, § 21.
This chapter is intended to protect the public
health, safety and welfare, by preserving and maintaining the existing
and potential groundwater supply, groundwater recharge areas, including
surface waters within the Town of Stoughton; to preserve and protect
present and potential sources of water supply for the public health
and safety; to conserve the natural resources of the Town; and to
prevent blight and the pollution of the environment from contamination
with hazardous materials.
The following definitions shall apply in the
interpretation and implementation of this chapter:
Geological formation composed of rock or sand and gravel
that contains significant amounts of potentially recoverable potable
water.
A document setting an organized, planned and coordinated
course of action to be followed in the case of a fire, explosion,
or release of hazardous waste which could threaten public health,
safety, or welfare, or the environment.
The disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of hazardous material into or on any land
or water so that such hazardous waste or any constituent thereof may
enter the environment.
All the water found beneath the surface of the ground.
A product or waste or combination of substances which, because
of quantity, concentration, or physical or chemical, or infectious
or radioactive characteristics, may reasonably pose, in the determination
of the enforcing authority, a substantial present or potential hazard
to human health, safety or welfare, or the environment when improperly
treated, stored, transported, used or disposed of, or otherwise managed.
Any substance which may create a special hazard in the event of a
spill, leak, fire or exposure; and all substances deemed to be hazardous
waste as defined in MGL c. 21C, § 2, and the Hazardous Waste
Regulations promulgated thereunder by the Massachusetts Department
of Environmental Protection ("DEP") at 310 CMR 30.010 in amounts in
excess of those normally used in household maintenance or other materials
which are listed as toxic, hazardous or a priority pollutant by the
United States Environmental Protection Agency under any of the following
laws: (1) Toxic Substances Control Act, 15 USC 2601 et seq.; (2) Federal
Insecticide, Fungiside and Rodenticide Act, 7 USC 136 et seq.; (3)
Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq.;
(4) Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 USC 9601 et seq.; and (5) Federal Water Pollution
Control Act, 33 USC 1251 et seq.
Material on the ground that does not allow surface water
to penetrate into the soil.
Waste materials, including solid wastes, sewage and sludge,
that are capable of releasing waste-borne contaminants to the surrounding
environment.
The form containing data on physical characteristics, flammability,
explosivity, reactivity, and the health and safety hazards of specific
chemicals, as well as information relative to procedures recommended
for spills and leaks of specific chemicals and special protections
and precautions to be taken in the handling of specific chemicals.
The removal or relocation of geological materials such as
topsoil, sand and gravel, metallic ores, or bedrock.
Areas composed of permeable stratified sand and gravel and
certain wetlands that collect precipitation or surface water and carry
it to aquifers.
All discharges greater than three gallons' liquid volume
or five pounds' dry weight, or any discharge which would potentially
threaten the public health and safety or the environment by entering
surface waters, groundwaters, or water recharge areas, or which, by
emitting toxic fumes or gases into the air, could pose a threat of
contamination to groundwater. Discharges which are in compliance with
all federal, state and local regulations, or which are permitted by
governing federal, state or local agencies, are not considered reportable
discharges.
Useless, unwanted, or discarded solid material with insufficient
liquid content to be free flowing. This includes but is not limited
to rubbish, garbage, scrap materials, junk, refuse, inert fill material
and landscape refuse.
The handling, generation, transportation, storage or management
of hazardous materials.
Each provision of this chapter shall be construed
as separate to the end that if any provision, or sentence, clause
or phrase thereof shall be held invalid for any reason, the remainder
of that section and all other sections shall continue in full force
and effect.
The following materials are not within the scope of authority of this chapter, except for the disposal and storage requirements set forth in § 107-9:
[Adopted 5-3-1993 ATM, Art. 53, approved 10-27-1993]
A.
For the purposes of this chapter, there are hereby
established within the Town certain aquifer protection areas, consisting
of aquifers and/or aquifer recharge areas, including areas that through
hydrogeological testing are considered for potential public water
supply, which are delineated on a map entitled "Town of Stoughton,
Massachusetts Town-Wide Hydrogeologic Study, Hydrogeologic Zone Delineations
and Groundwater Protection Areas, Camp, Dresser & McKee, Inc.
Environmental Engineers, Cambridge, Massachusetts, Scale: one inch
equals 1,200 feet, January 1993, and as it may be amended from time
to time by vote of Town Meeting based on information developed through
hydrogeologic investigations. This map is part of the general bylaw
on file with the office of the Town Clerk.
A.
Every owner or operator of a commercial or industrial
establishment (including municipal operations) located within the
aquifer protection area which uses hazardous materials shall register
with the Board of Health. Registration includes the following:
(1)
Submission of a map or written description locating
areas where hazardous materials are stored, handled, or in use, specifying
approximate average quantities of materials in each location and special
handling required in a fire, leak, spill, or exposure. Areas must
also be identified which store emergency equipment, including medical
supplies, along with a brief description of the capabilities of the
equipment. This map or written description must also be posted in
one of the following on-site locations: (a) guard shack, (b) fire
alarm box, (c) sprinkler riser, (d) other location acceptable to the
head of the Fire Department. The location of this posting must be
specified during registration.
(2)
Submission of names, addresses, and telephone numbers
of all qualified "emergency coordinators," who are individuals identified
by owners or operators of commercial or industrial establishments
which must register in accordance with this chapter. Emergency coordinators
must be knowledgeable in the types of hazardous materials used at
the establishment, proper storage and handling of those materials,
familiar with the establishment's emergency contingency plan, and
authorized as on-site coordinator in the event of an emergency.
(3)
Keeping on file at all times in an on-site location
known and accessible to all emergency coordinators, material safety
data sheets on all hazardous materials manufactured, stored, or used
at the establishment. These material safety data sheets must be available
to the Board of Health and the head of the Fire Department during
routine inspections, investigations and in the event of an emergency.
(4)
Keeping on file at all times in an on-site location
known and accessible to all emergency coordinators an emergency contingency
plan which identifies emergency coordinators and details the area
where and ways in which an emergency could come about, the techniques
and procedures to be used for prevention and control of such emergencies,
the emergency organizations who should be notified and/or may provide
services in an emergency, evacuation plan for personnel, and an inventory
of the types, approximate quantities, and method of storage, transportation,
and disposal of all hazardous materials.
B.
Effective date of registration. Registration required by § 107-7 shall be initially submitted October 1, 1990, and annually thereafter. Records required by § 107-7 to be kept on file at each establishment should be updated as frequently as necessary to insure proper handling of hazardous materials and adequate procedures to minimize emergencies and the damage which would result from such emergencies.
A certificate of approval of registration shall be required and obtained from the Board of Health for all uses of hazardous materials requiring registration in accordance with § 107-7, prior to the operation of said establishment, to determine that the provisions of this chapter have been met. Thereafter, annual registration as required in § 107-7 is required.
In order to protect and preserve existing and
potential drinking water sources, the following regulations apply
within the aquifer protection area:
A.
The following activities are permitted within the
aquifer protection area, provided that all necessary permits, orders,
or approvals required by local, state, or federal law are also obtained:
(1)
Conservation of soil, water, plants and wildlife;
(2)
Outdoor recreation, nature study, boating, fishing,
and hunting where otherwise legally permitted;
(3)
Foot, bicycle and/or horse paths and bridges;
(4)
Normal operation and maintenance of existing water
bodies and dams, splash boards, and other water control, supply and
conservation devices;
(5)
Maintenance, repair and enlargement of any existing
structure, provided there is no increase in impermeable pavement;
(6)
Residential development, provided that on-site recharge
is required for all surfaces rendered impervious in excess of 15%
of lot area;
(7)
Farming, gardening, nursery, conservation, forestry,
harvesting and grazing, provided that fertilizers, herbicides, pesticides
and other leachable materials are not stored outdoors.
B.
The following activities are prohibited within the
aquifer protection area:
(1)
Disposal of solid wastes, other than brush and stumps;
(2)
Underground storage of hazardous materials except for the continued use of underground petroleum products storage vessels already constructed and in use as of the date of the vote to adopt this chapter which are operated in accordance with an approved management plan as specified in the following Subsections C and D;
(3)
Commercial or industrial aboveground storage of petroleum
products except within buildings which they will heat. Exempted storage
must be designed to contain spills and prevent any flow of petroleum
product to floor drains or exposed soils;
(4)
The disposal of liquid or leachable wastes and individual
sewage disposal systems that are designed in accordance with 310 CMR
15.00 to receive more than 110 gallons of sewage per quarter acre
under one ownership per day, or 440 gallons of sewage on any one acre
under one ownership per day, whichever is greater, except the replacement
or repair of an existing system that will not result in an increase
in design capacity above the original design;
[Amended 5-5-1992 ATM, Art. 36]
(5)
The introduction of acids, enzymes, degreasers, or
bacterial additives into on-site septage disposal systems;
(6)
Commercial or industrial activities which discharge
process waste water on-site;
(7)
Storage of road salt or other deicing chemicals;
(8)
Dumping of snow containing deicing chemicals which
is brought in from outside the area;
(9)
Mining of land except as necessary and incidental
to a permitted activity;
(10)
Discharge or disposal of hazardous wastes;
(11)
Use of chemicals for deicing unless deemed necessary
for public safety;
(12)
Commercial or industrial activities which recharge
stormwater to groundwater without passage through oil and grease traps
and sediment traps constructed, operated, and maintained to minimize
groundwater contamination, permitted and conducted in accordance with
all applicable federal, state and local regulations;
(13)
Landfilling of sludge or septage as defined
in 310 CMR 32.05;
[Added 5-5-1992 ATM, Art. 36]
(14)
Storage of sludge and septage, unless such storage
is in compliance with 310 CMR 32.30 and 310 CMR 3231;
[Added 5-5-1992 ATM, Art. 36]
(15)
Commercial or industrial generation, treatment
or storage of hazardous wastes subject to MGL c. 21C and 310 CMR 30.00
not already being lawfully conducted and registered in accordance
with this chapter, with the exception of very small quantity generations
as defined under 310 CMR 30.00; waste oil retention facilities required
by MGL c. 21, § 52;[1] and water remediation treatment works approved under 310 CMR 5.00. Exempted activities may only commence after a certificate of approval has been issued by the Board of Health in accordance with § 107-8.
[Added 5-5-1992 ATM, Art. 36]
[1]
Editor's Note: MGL c. 21, § 52,
was repealed 1979, 704, Sec. 1.
C.
The following activities are permitted within the aquifer protection area if conducted in accordance with a management site plan approved by the Board of Health, in addition to the registration information required in § 107-7, under such conditions as it may require:
(1)
The application of pesticides for nondomestic or nonagricultural
activities, provided that all necessary precautions shall be taken
to prevent hazardous concentrations of pesticides in the water and
on the land within the aquifer protection area as a result of such
application. Such precautions shall be detailed in an approved management
and site plan which will include, but not be limited to, erosion control
techniques, the control of runoff water (or the use of pesticides
having low solubility in water), the prevention of volatilization
and redeposition of pesticides and the lateral displacement (i.e.,
wind drift) of pesticides;
(2)
The application of fertilizers for nondomestic or
nonagricultural activities, provided that such application shall be
made strictly in accordance with an approved management and site plan,
delineating at a minimum the manner in which the application is to
be performed in order to minimize adverse impacts on surface and groundwater
due to nutrient transport and deposition and sedimentation;
(3)
Commercial and industrial development shall require
an approved management and site plan detailing measures to be taken
to prevent compaction and siltation, loss of recharge in excess of
15% of lot area, exfiltration for sewer pipes and contamination by
oil, chemicals, nutrients, etc.
(4)
The continued use of underground petroleum storage
vessels already constructed and in use as of the date of the vote
to adopt this chapter, provided that the storage is conducted in accordance
with an approved management plan detailing a testing program sufficient
to detect product loss. Other precautions taken to prevent and detect
any loss of product to soils or groundwater and the resulting contamination
must also be submitted detailing the age and construction of the vessels,
and any monitoring equipment or observation wells on site.
(5)
The continued operation of automobile services and
repair shops already constructed and in operation as of the date of
the vote to adopt this chapter, provided that all activities are conducted
in accordance with an approved management and site plan specifying
storage, use and handling of all hazardous materials, as well as all
precautions taken to minimize spills and prevent the release of contaminants
to the soil and groundwater.
(6)
The continued operation of junk and salvage yards
already in operation as of the date of the vote to adopt this chapter,
provided that:
(a)
An assessment of the site is conducted in accordance
with MGL c. 21E to identify the existence, source, nature and extent
of a release or threat of release of a hazardous material, as defined
in this chapter; a copy of the assessment to be provided to the Board
of Health prior to or in conjunction with the submittal of a management
plan.
(b)
All activities on the site are conducted in
accordance with an approved management plan and site plan specifying
the response action to be taken on the site to address releases or
threat of releases, including soil and/or groundwater monitoring,
and specifying the storage, use and handling of all hazardous materials,
as well as precautions taken to minimize spills and prevent the release
of contaminants to the soil and groundwater.
D.
Procedures for submittal and review of management plans in accordance with the requirements of Subsection C.
(1)
A management plan shall be filed with the Board of Health and shall be accompanied by six copies of a site plan prepared in accordance with Board of Health rules and regulations. Management plans for activities delineated in § 107-9, Subsections C(5), (5) and (6) shall be submitted by October 1, 1990.
(2)
Said management plan and site plan shall be prepared in accordance with the data requirements of Subsection C above for the proposed development, (e.g., site plan review, erosion and sedimentation control plan, etc.).
(3)
The Board of Health shall refer copies of the management
plans and site plans to the Board of Selectmen, Conservation Commission,
Town Engineer and the Department of Public Works, which shall review,
either jointly or separately, the application and shall submit their
recommendations to the Board of Health. Failure to make recommendations
to the Board of Health within 35 days of the referral of the application
shall be deemed lack of opposition.
(4)
The Board of Health shall hold a hearing within 65
days after the filing of the application. Notice of the public hearing
shall be given by publication and posting and by first class mailings
to direct abutters at the expense of the applicant. The decision of
the Board of Health, and any extension, modification or renewal thereof,
shall be made in writing. Failure of the Board of Health to issue
a written decision within 90 days of the filing date of the application
shall be deemed as an approval of the plans.
(5)
After notice and public hearings, and after due consideration
of the reports and recommendations of the boards/departments, the
Board of Health may approve a management plan and site plan, provided
that it finds that the proposed activity:
(a)
Is consistent with the purpose and intent of
this chapter;
(b)
Is appropriate to the natural topography, soils,
and other characteristics of the site to be developed;
(c)
Will not, during construction or thereafter,
have an adverse environmental impact on the aquifer or recharge area;
and
(d)
Will not threaten or adversely affect an existing
or potential water supply.
All hazardous materials within the Town of Stoughton
must be stored, handled, transported and used in such a way as to
minimize discharges and to ensure maximum protection of the groundwater
and the public health, safety, and welfare.
A.
All commercial and industrial establishments (including
municipal operations) must provide adequate employee training programs
to ensure proper use, storage, transportation and handling of hazardous
materials.
B.
Owners and operators of establishments must keep sufficient
records to provide best estimates of quantities of hazardous materials
on site.
C.
All locations where hazardous materials are stored
or generated in quantities that could cause a substantial hazard in
the event of a spill, leak, fire, or exposure shall be designated
with legible warning signs of bright yellow, or other equally conspicuous
color, indicating the potential danger and how to overcome or avoid
such danger.
D.
All hazardous materials shall be held in product-tight
containers. All containers of hazardous materials which permit leaking
or spillage shall be disposed of or repaired to their original product-tight
state.
E.
Every owner of a commercial or industrial establishment
(including municipal operations) shall comply with all federal, state,
and municipal laws and regulations relative to hazardous materials.
A.
Aboveground containers of hazardous materials shall
be kept in an orderly manner, shall be adequately marked to identify
the hazard, and shall be stored on a surface impervious to the material
being stored. The storage area shall be enclosed by a permanent dike
of impermeable construction. The volume of the areas enclosed by the
dike shall be equal to or greater than the capacity of the containers
within the dike.
B.
There shall be no storage of incompatible materials
(those which react with one another to create a special hazard) in
the same area.
C.
Drainage and ventilation of storage areas containing
hazardous materials shall be constructed and maintained so as to control
spills and prevent the release of fumes, gases and other discharges
which may pose a threat of groundwater contamination.
Any person having knowledge of a reportable
discharge of hazardous materials shall immediately report the discharge
to the Board of Health and, if involving flammable or explosive materials,
to the head of the Fire Department.
The Board of Health may vary the application of any provision of this chapter, with the exception of § 107-9, unless otherwise required by law, in any case when, in its opinion, the applicant has demonstrated than an equivalent degree of environmental protection required under this chapter will still be achieved. The applicant, at its own expense, must notify all abutters by certified mail at least 10 days before the Board of Health meeting at which the variance request will be considered. The notification shall state the variance sought and the reasons thereof. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for denial. The Board of Health may, as an alternative to denial of a variance, impose such conditions as it deems necessary to contribute to the environmental protection required under this chapter.
Any person who violates any provision of this
chapter shall be punished by a fine of not more than $300. Each day
or portion thereof during which a violation continues shall constitute
a separate offense. This chapter may be enforced pursuant to MGL c.
40, § 21D. When enforced pursuant to MGL c. 40, § 21D,
the penalty shall be $100 per day.
[Amended 5-6-2019 ATM,
Art. 38]
The fee for registering storage of hazardous materials pursuant to § 107-7, for a certificate of approval pursuant to § 107-8 or for review of a management and site plan pursuant to § 107-9C and D, shall be set from time to time in accordance with § 96-1 of the Bylaws, and shall be payable at the time of submission.
