[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:
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.
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.
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.
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.
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.
Means any structure used, or designed to be used, for the
storage of hazardous materials of any kind.
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.
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.
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:
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]
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:
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.
