The Town of Walpole Board of Health finds that:
A. The groundwater underlying this Town is the sole source
of its existing and future water supply, including drinking water;
B. The groundwater aquifer is integrally connected with,
and flows into, lakes and streams which constitute significant recreational
and economic resources of the Town used for bathing and other water-related
recreation.
C. Accidental spills and discharges of petroleum products
and other toxic and hazardous materials have repeatedly threatened the quality
of such groundwater supplies and related water resources in other Massachusetts
towns, posing potential public health and safety hazards and threatening economic
losses to the affected communities; and
D. Unless preventive measures are adopted to prohibit discharge
of toxic and hazardous materials and to control their storage within the Town,
further spills and discharges of such materials will predictably occur and
with greater frequency and degree of hazard by reason of increasing construction,
commercial and industrial development, population and vehicular traffic in
the Town of Walpole.
The Walpole Board of Health adopts the following regulations under its
authorization under MGL c. 111, § 31.
As used in this chapter, the following terms shall have the meanings
indicated:
DISCHARGE
The accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying or dumping of toxic or hazardous material upon or into
any land or water of the Town of Walpole.
A.
"Discharge" includes, without limitation, leakage of such materials
from failed or discarded containers or storage systems and disposal of such
materials into any on-site sewage disposal system, drywell, catch basin or
unapproved landfill.
B.
The term "discharge" as used and applied in this regulation does not
including the following:
(1)
Proper disposal of any material in a sanitary or industrial landfill
that has received and maintained all necessary legal approvals for that purpose;
(2)
Application of fertilizers and pesticides in accordance with label recommendations
and with regulations of the Massachusetts Pesticide Control Board;
(3)
Application of road salts in conformance with the Snow and Ice Control
Program of the Massachusetts Department of Public Works; and
(4)
Disposal and "sanitary sewage" to subsurface sewage disposal systems
as defined and permitted by Title 5 of the Massachusetts Environmental Code.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose (in the judgment of the Board of Health) a significant
actual or potential hazard to water supplies or other hazard to human health,
if such substance or mixture were discharged in this Town. Any substance deemed
a hazardous waste in MGL c. 21C shall be deemed a hazardous material. "Toxic
or hazardous materials" include, without limitation, organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes, acids and alkalies
and includes products such as pesticides, herbicides, solvents and thinners.
The following activities, without limitation, are presumed to involve the
use of toxic or hazardous materials, unless and except to the extent that
anyone engaging in such an activity can demonstrate the contrary to the satisfaction
of the Board of Health:
A.
Airplane, boat and motor vehicle service and repair.
B.
Chemical and bacteriological laboratory operation.
E.
Electronic circuit assembly.
F.
Metal plating, finishing and polishing.
G.
Motor and machinery service and assembly.
H.
Painting, wood preserving and furniture stripping.
I.
Pesticide and herbicide application.
Every person having knowledge of a spill, leak or other loss of toxic
or hazardous materials shall immediately report the spill or loss of same
to the Board of Health or other public safety official.
Written notice of any violation of this regulation shall
be given to the owner and operator by the agent of the Board of Health, specifying
the nature of the violation; any corrective measures that must be undertaken,
including containment and cleanup of discharged materials; any preventive
measures required for avoiding future violations; and for a schedule of compliance.
Requirements specified in such a notice shall be reasonable in relation to
the public health hazards involved and the difficulty of compliance. The cost
of containment and cleanup shall be borne by the owner of the premises.
Penalty for failure to comply with any provisions of this regulation shall be subject to a fine after notice thereof under §
799-8 above of $50 per day per violation and/or court action.