The Town of Easton Board of Health adopts the following regulations
pursuant to authorization granted by MGL c. 111, §§ 31
and 112. The regulation shall apply, as specified herein, to all applicable
facilities, existing and new, within the Town of Easton.
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 the 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; 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
waste upon or onto any land or water so that such hazardous waste
or any constituent thereof may enter the land or waters 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 or 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 Easton.
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 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 for 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 either 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 or its agent, sufficient to warrant the elimination of the ground discharge at the present.
The effective date of this regulation is August 8, 1996, which
shall be identical to the date of adoption of the regulation.
A. Existing facilities.
(1) Owner/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 system
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 Easton 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.
(3) The use of any new oil/water separators shall comply with the same requirements as for existing systems, as specified above in §
316-5B.
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.
Each provision of this regulation 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.