Town of North Reading, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of North Reading as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 152.
[Adopted 10-7-1985 ATM by Art. 14, approved 11-21-1985]
Trucks containing hazardous chemicals, including but not limited to herbicides and pesticides, which draw water on site shall be equipped with a safety valve arrangement so that the transported chemicals cannot enter the water suction hose. This shall be enforced through a required permit to be issued yearly by the Board of Health.
[Adopted 10-9-1986 ATM by Art. 4, approved 11-4-1986]
This by-law is adopted by the Town of North Reading under its home rule powers, its police powers to protect the public health, safety, and welfare, and its authorization under MGL Chapter 40, Section 21.
The purpose of this by-law is to protect, preserve, and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface water within the Town of North Reading from contamination. Nothing in this by-law shall be construed as inconsistent with, or in interference with, the authority vested upon the North Reading Fire Chief under MGL Chapter 148, or any rules and regulations adopted pursuant thereto.
The following definitions shall apply in the interpretation and implementation of this by-law:
ABANDONED
Means being out of service for a period in excess of 180 days, in the case of a storage facility for which a license is required under the provisions of MGL Chapter 148, or for a period of twelve (12) months, in the case of any other storage facility.
DISCHARGE
Means the disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material or any constituent thereof into or on any land or water so that such material may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
HAZARDOUS MATERIALS
Means any substance or combination of substances which, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a significant present or potential hazard to water supplies or to human health if disposed into or on any land or water in the Town of North Reading. Any substance deemed a hazardous waste under Section 3001 of the Resource Conservation and Recovery Act of 1976, as amended, 40 CFR, Part 261, shall also be deemed a hazardous material for the purposes of this by-law. A copy of 40 CFR, Subpart 261.30 to 261.33 is on file with the Town Clerk.
LEAK
Means any uncontrolled movement, measurable by a testing method accurate to 0.05 gallons per hour, of any hazardous material out of a tank or its components, or any uncontrolled movement of water into a tank or its components.
OUT OF SERVICE
Shall mean not in use, with no regular filling or drawing; or not being maintained, without adherence to the requirements of this by-law; or uncontrolled, without being attended or secured; or any combination thereof.
TANK
Means any structure used, or designed to be used, for the storage of hazardous materials of any kind.
UNDERGROUND TANK OR STORAGE
Shall mean any storage containment system including piping in connection therewith, which meets at least one of the following criteria: (1) the top of which is located below ground; (2) any portion of which is four (4) feet or more below ground. "Underground Tank or Storage" shall not include the storage of fuel oil for heating purposes in a freestanding container within a building.
WATER SUPPLY RECHARGE AREA
Means those areas designated Zones 1 and 2 as depicted on a map prepared by Camp, Dresser & McKee, entitled "Aquifer Protection Districts Town of North Reading." The Water Supply Recharge Areas are those areas that supply drinking water directly or indirectly to any public water supply.
A. 
Every owner or operator of a commercial or industrial establishment, including home occupations and agriculture, storing hazardous materials in quantities totaling more than fifty (50) gallons liquid volume or twenty-five (25) pounds dry weight shall register with the Board of Health, on a form so obtained, the following information:
(1) 
Name, address, and telephone numbers (day and night) of the owner or operator.
(2) 
Capacity and contents of the tank(s), with specific description of the type of hazardous material being stored.
(3) 
The date of installation of the tank(s), if available.
(4) 
The type of tank construction, and indication of any leak detection methods in place.
(5) 
The depth below ground level of the lowest and highest points of the tank, if the tank is subsurface.
(6) 
Description of any previous leaks, including approximate dates, causes, estimated amounts, and repairs undertaken.
(7) 
If the tank is underground, additional material as required by § 80-6A herein.
B. 
Owners or operators of commercial or industrial establishments who meet the registration requirements of Subsection A shall register initially within ninety (90) days of the enactment of this by-law, and annually thereafter within thirty (30) days of January 1. Owners or operators of commercial or industrial establishments who later meet the registration requirements shall register initially within thirty (30) days of meeting such requirements, and thereafter within thirty (30) days of January 1.
C. 
In addition to registration, owners or operators of commercial or industrial establishments registered in accordance with Subsections A and B shall maintain on the premises an inventory, reconciled on a monthly basis, of purchase, sale, use, disposal, or discharge of hazardous materials. The purpose of this inventory is to detect any product loss and to provide ongoing record of all hazardous materials within the town over the registration period. If unaccounted for product loss is discovered in the monthly reconciliation, the owner or operator shall comply with the provisions of § 80-10B herein. Accurate daily inventory records required pursuant to MGL Chapter 148 and 527 CMR 5.06 shall suffice for the purposes of this section, and may be submitted, under Subsection D below, in accordance with this by-law.
[Amended 10-6-2003 OTM by Art. 4, approved 11-12-2003; 10-5-2009 OTM by Art. 15,[1] approved 2-2-2010]
[1]
Editor's Note: This article also changed all instances of “M.G.L.A.” to “MGL.”
D. 
Upon the request of the Board of Health or the Fire Chief, owners or operators shall produce, within twenty-four (24) hours, their latest reconciled inventory.
E. 
Wastes containing hazardous materials shall be held on the premises in product-tight containers for removal by a licensed carrier for disposal in accordance with MGL Chapter 21C.
F. 
Surfaces underlying areas where hazardous materials are stored aboveground, or used, transferred, or delivered to such tanks, shall be impermeable to the materials being stored, and shall be enclosed by a permanent dike of impermeable construction. The dike system shall be sufficient to contain 10 per cent of the total volume of the containers, or the largest container, whichever is greater. Nothing in this section shall be construed to replace the application of the dike requirements to tanks licensed under MGL Chapter 148, or 527 CMR 9.00, thereunder.
[Amended 10-6-2003 OTM by Art. 4, approved 11-12-2003; 10-5-2009 OTM by Art. 15, approved 2-2-2010]
A. 
All owners of underground storage tanks containing hazardous materials, in any quantity, including owners of buried fuel oil storage tanks, shall file with the Board of Health the following information:
(1) 
The size of the tank.
(2) 
The type of subsurface tank.
(3) 
The type of hazardous material(s) being stored and quantity.
(4) 
The location of each tank on the premises, complete with sketch map.
(5) 
The age of each tank, evidence of the date of installation, including any permits, if applicable.
B. 
Such information shall be filed in the same manner, and at the same times, on a form so obtained, as that information required by § 80-5A above.
C. 
Owners of tanks for which evidence of installation date is not available shall, at the order of the Board of Health or Fire Chief, have such subsurface tanks and systems tested, in accordance with Subsection D herein. If the Board of Health or the Fire Chief determines that the tank is not product-tight, it shall be repaired or disposed of under the direction of that authority. The provisions of this Subsection C shall apply only within a water supply recharge area of the Town of North Reading.
D. 
[1]All materials used in the construction of any tank or container shall be suitable for the purpose, and such tank or container shall be designed or constructed to withstand any normal stress to which it may be subjected. Where applicable, tanks shall be constructed in accordance with MGL Chapter 148 and 527 CMR 9.00, et seq., as amended.
[1]
Editor's Note: Former Subsection D, regarding testing of steel subsurface tanks, as amended, was repealed 10-5-2009 OTM by Art. 15, approved 2-2-2010. This ordinance also redesignated former Subsection E as Subsection D.
A. 
The holder of any license issued for underground storage of any liquid hazardous material shall notify the Board of Health and the Fire Chief whenever the provisions of said license cease to be exercised. Upon notification, the Fire Chief shall prescribe appropriate action under 527 CMR 10.00, and MGL Chapter 148, as amended.
[Amended 10-6-2003 OTM by Art. 4, approved 11-12-2003; 10-5-2009 OTM by Art. 15, approved 2-2-2010]
B. 
All other tanks, not regulated by MGL Chapter 148, shall be regulated as follows in Subsection C to F.
C. 
If the owner of a tank, which is located under a building and which cannot be removed from the ground without first removing the building, decides to abandon said tank, the owner shall promptly notify the Board of Health of this decision, and, subject to the directions of the Board of Health, have all the hazardous materials removed from the tank and have the tank filled with sand or other inert material, as prescribed by the Board of Health.
D. 
Except as provided in Subsection C, no tank may be abandoned in place. Aboveground tanks shall be disposed of after emptied of all hazardous materials. Abandoned tanks shall be emptied of all hazardous materials under the direction of the Board of Health and the Fire Chief. The product and tank shall be disposed of, at the owner's expense, as directed by those authorities.
E. 
The owner of an abandoned tank shall promptly notify the Board of Health and the Fire Chief of the decision, and, where the tank is subsurface, the materials remaining shall be removed from the tank and disposed of as directed by those authorities, and the tank filled with water.
F. 
If the Board of Health or the Fire Chief determine that a tank or its components shall be removed, any removal shall be completed within ninety days after that authority has notified the owner, in writing, of its decision.
A. 
All leaking tanks must be emptied by the owner or operator within twelve hours after detection of the leak, and the tank removed by the owner or operator in accordance with § 80-7F above.
B. 
The Fire Chief shall determine whether any tank or its components that have been identified as the source of a leak shall be repaired, or removed and replaced, and shall notify the owner of his decision. In making his determination, the Fire Chief shall be governed by the following conditions, on the repair, by relining, of any steel tank:
(1) 
The tank must have a minimum design shell thickness of 0.18 inches or 7 gauge.
(2) 
The tank must have no open seam or split.
(3) 
The tank must meet all standards of the lining manufacturer for structural soundness.
The Board of Health may vary the application of any provision of this by-law, unless otherwise precluded by law, when, in its opinion, the applicant has demonstrated that an equivalent degree of environmental protection required under this by-law will still be achieved. Variances pursuant to § 80-6D shall be governed by the criteria set forth therein. The applicant at his own expense must notify all abutters by certified mail at least ten days before the hearing at which such variance request shall be considered. The notification shall state the variance sought and the reasons therefore [sic]. The Board of Health shall also notify, within fourteen (14) days of receipt of a variance request, the Fire Chief, Conservation Commission, and Building Inspector, of any variance requested under this Section, for their response in writing. The Board of Health shall hold a hearing on such variance request within forty-five (45) days of its receipt. Any variance granted by the Board of Health shall be in writing, as shall be any denial of a variance request, and shall contain a brief statement of the reasons for the granting or denial of the variance.
A. 
All discharges of hazardous materials within the Town are prohibited.
B. 
Any person having knowledge of any discharge of hazardous materials shall immediately report the discharge to the Board of Health and the Fire Chief.
C. 
The Board of Health or its agents may enter upon privately owned property for the purpose of performing their duties under this by-law.
D. 
Any person who violates any provision of this by-law shall be punished by a fine of not more than fifty dollars ($50) first offense, one hundred dollars ($100) second and subsequent offenses. Each day or portion thereof during which a violation continues shall constitute a separate offense. If more than one violation exists, each condition shall constitute a separate offense. Upon the request of the Board of Health or the Fire Chief, the Select Board shall take such legal action as is necessary to enforce this by-law.
[Amended 10-2-1989 OTM by Art. 9, approved 12-7-1989; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
If any provision of this general by-law is held to be unconstitutional, or in violation of state law, it shall not affect any other provision or the administration thereof.
[Added 10-1-1990 OTM by Art. 13, approved 12-18-1990]
A. 
Registration of hazardous material: 50 gallons of liquid volume - 25 gallons of dry weight: $25.00.
B. 
Annual testing of an underground storage tank per location: $25.00.
C. 
Removal from the ground of an underground storage tank: $25.00.
D. 
Permit to install underground storage tank: $200.00.
E. 
Permit to alter tank or piping: $25.00.