The Town of Plainville Board of Health adopts the following
regulation pursuant to authorization granted by MGL c. 111, §§ 31
and 122. The regulation shall apply, as specified herein, to all applicable
facilities, existing and new, within the Town of Plainville.
For the purposes of this regulation, the following words and
phrases shall have the following meanings:
COMMERCIAL AND INDUSTRIAL FACILITY
A public or private establishment where the principal use
is to supply, sale, and/or manufacture of services, products, or information,
including but not limited to manufacturing, processing, or other industrial
operations; service or retail establishments; printing or publishing
establishments; research and development facilities; small or large
quantity generators of hazardous waste; laboratories; and hospitals.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DISCHARGE
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, incineration, or placing of toxic or hazardous
material or waste upon or into any land or water so that such hazardous
water or any constituent thereof may enter the land or water of the
commonwealth. "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 leaching structure
of sewage disposal system.
FLOOR DRAIN
An intended drainage point on a floor constructed to be otherwise
impervious which serves as the point of entry into any subsurface
drainage, treatment, disposal, containment, or other plumbing system.
LEACHING STRUCTURE
Any subsurface structure through which a fluid that is introduced
will pass and enter the environment, including, but not limited to,
drywells, leaching catch basins, cesspools, leach fields, and oil/water
separators that are not watertight.
OIL/WATER SEPARATOR
A device designed and installed so as to separate and retain
petroleum-based oil or grease, flammable wastes as well as sand and
particles from normal wastes while permitting normal sewage or liquid
wastes to discharge into the drainage system by gravity. Other common
names for such systems include MDC traps, gasoline and sand traps,
grit and oil separators, grease traps, and interceptors.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water of the Town of Plainville.
"Toxic or hazardous materials" include, without limitation, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalis, and all substances defined as
"toxic" or "hazardous" under MGL c. 21C and c. 21E or Massachusetts
Hazardous Waste Regulations (310 CMR 30.000), and also include such
products as solvents, thinners, and pesticides in quantities greater
than normal household use.
With the exception of discharges that have received (or have
applied and will receive) a Department issued permit prior to the
effective date of this regulation, no floor drain(s) shall be allowed
to discharge, with or without pretreatment (such as an oil/water separator),
to the ground, a leaching structure, or septic system in any industrial
or commercial facility if such floor drain is located in either:
A. An industrial or commercial process area;
B. A petroleum, toxic, or hazardous materials, and/or waste storage
area; or
C. A leased facility without Subsection
A or
B of this section, but in which the potential for a change of use of the property to a use which does have either Subsection
A or
B is, in the opinion of the Board of Health, sufficient to warrant the elimination of the ground discharge at the present.
The effective date of this regulation is February 5, 2003.
A. Existing facilities.
(1) Owners/operators of a facility affected by this regulation shall
comply with all of its provisions within 120 days of the effective
date;
(2) All applicable discharges to the leaching structures and septic systems
shall be discontinued immediately through temporary isolation or sealing
of the floor drain.
B. New facilities.
(1) As of the effective date of the regulation, all new construction
and/or applicable change of use within the Town of Plainville shall
comply with the provisions of this regulation.
(2) Certification of conformance with the provisions of this regulation
by the Board of Health shall be required prior to issuance of construction
and occupancy permits.
Failure to comply with provisions of this regulation will result
in the levy of fines of not less than $200, but no more than $1,000.
Each day's failure to comply with the provisions of this regulation
shall constitute a separate violation.