[HISTORY: Adopted by the Town Meeting of
the Town of Southborough 4-14-1986 ATM by Art 39. Amendments noted where applicable.]
This chapter is intended to protect the ground
and surface waters of the Town from contamination, and to protect
the public health and welfare. It is adopted under the authority of
MGL c. 43B, § 13, the Home Rule Procedures Act.
[Amended 11-1-2021 STM
by Art. 2]
The requirements of 527 CMR 9.00 Board of Fire
Prevention Regulations for Tanks and Containers, as adopted January
9, 1986,[1] shall be complied with for the design, location, and testing
of all storage facilities containing 55 gallons or more of toxic or
hazardous materials, regardless of whether flammable or not, unless,
in cases not under jurisdiction of the Fire Chief, specific departure
is authorized by the Board of Health upon its written determination,
following consultation with the Conservation Commission and Select
Board, that the nature of the materials being stored makes such departure
appropriate, and will result in no compromise in the protection of
ground and surface waters.
[1]
Editor's Note: See now the Massachusetts Comprehensive Fire
Safety Code, 527 CMR 1.00, which adopts by reference the provisions
of National Fire Protection Association NFPA 1, 2012 Edition, as modified
by 527 CMR 1.05.
As used in this chapter, the following terms
shall have the meanings indicated:
Substances listed on the Massachusetts Substance List contained
in 105 CMR 670.000, Appendix A, substances regulated as hazardous
wastes under MGL c. 21C, as amended, and regulated substances defined
under Subtitle 1, Section 9001 of the Resource Conservation and Recovery
Act, as amended.
Where storage is not subject to control under
527 CMR 9.00 Board of Fire Prevention Regulations for Tanks and Containers,[1] responsibilities assigned in that regulation to the head
of the Fire Department shall be assumed by the Board of Health.
[1]
Editor's Note: See now the Massachusetts Comprehensive Fire
Safety Code, 527 CMR 1.00, which adopts by reference the provisions
of National Fire Protection Association NFPA 1, 2012 Edition, as modified
by 527 CMR 1.05.
All persons applying for a permit or permit
renewal under 527 CMR 9.00 Board of Fire Prevention Regulations for
Tanks and Containers[1] shall furnish a duplicate copy of the application and
plot plan to the Board of Health, and the head of the Fire Department
shall furnish to the Board of Health copies of all permits granted.
[1]
Editor's Note: See now the Massachusetts Comprehensive Fire
Safety Code, 527 CMR 1.00, which adopts by reference the provisions
of National Fire Protection Association NFPA 1, 2012 Edition, as modified
by 527 CMR 1.05.
[Amended 11-1-2021 STM
by Art. 2]
Any person who violates any provision of this
chapter shall be punished by a fine of not more than $100, with each
day during which a violation continues being a separate offense. Upon
request by the Board of Health or on their own initiative, the Select
Board shall take such legal action as is necessary to enforce this
chapter.
