[HISTORY: Adopted by the Town Council of the Town of Franklin 8-14-1985 by Bylaw Amendment 85-54. Amendments noted where applicable.]
This chapter is adopted by the Town under its home rule powers, its police powers to protect public health and welfare and its authorization under MGL c. 40, § 21, and c. 148, § 38A.
The purpose of this chapter is to protect, preserve and maintain the existing and potential groundwater supply, groundwater recharge areas and surface waters within the Town from contamination from hazardous substances and material.
The following definitions shall apply in the interpretation and implementation of this chapter:
- The disposal, deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material, or any constituent thereof, may enter the environment, be emitted into the air or be discharged into any waters, including groundwaters.
- HAZARDOUS MATERIAL
- A product, waste or combination of substances which, because of quantity, concentration or physical, chemical or infectious characteristics, poses, in the judgment of the Board of Health, a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used, disposed of or otherwise managed. Any substance deemed a hazardous waste pursuant to Chapter 21C of the Massachusetts General Laws, shall also be deemed a hazardous material for the purpose of this chapter.
[Amended 5-12-1986 by Bylaw Amendment 86-64]
Every owner or operator of a commercial or industrial establishment, including home occupations, storing hazardous materials and substances in quantities totaling more than 50 gallons liquid volume or 25 pounds dry weight shall register with the Board of Health the types, quantities, location and method of storage of such hazardous materials and substances. Registration of existing facilities required by this provision shall be initially submitted by April 30, 1986, and on or before April 30 of each year thereafter or upon change of operation.
The owners or operators of new commercial or industrial establishments not previously registered in accordance with this section shall, if they meet registration requirements, register initially not less than 30 days prior to operating a storage facility and on or before April 30 of each year thereafter.
Every owner or operator registered in accordance with § 99-4 shall maintain on the premises an inventory, reconciled on a monthly basis, of purchase, use, sale and disposal of hazardous materials and substances. The purpose of this inventory is to detect any product loss and to provide an ongoing record of all quantities of hazardous materials within the Town over the registration threshold. Upon the request of the Board of Health, owners or operators shall produce within 24 hours the latest reconciled inventory.
Wastes containing hazardous materials shall be held on the premises in product-tight containers for removal by a licensed carrier and for disposal in accordance with the Massachusetts Hazardous Waste Management Act, Chapter 21C of the Massachusetts General Laws.
Aboveground containers of wastes containing hazardous materials shall be stored on a surface impervious to the materials being stored. The storage area shall be enclosed by a permanent dike or impermeable construction. The volume of the area enclosed by the dike shall be equal to or greater than the capacity of the containers within the dike. Storage of hazardous materials and substances, except for fuel products, shall only be stored aboveground in approved containers.
[Amended 5-12-1986 by Bylaw Amendment 86-64; 5-7-2003 by Bylaw Amendment 03-516]
Underground fuel storage systems shall comply with the most recent edition of 527 Code of Massachusetts Regulation (CMR) Section 9.00.
[Amended 5-7-2003 by Bylaw Amendment 03-516]
New installations shall comply with the most recent edition of 527 Code of Massachusetts Regulations (CMR) Section 9.00.
[Amended 5-7-2003 by Bylaw Amendment 03-516]
Tank testing shall be accomplished in a manner compliant with the most recent revision of 527 Code of Massachusetts Regulations (CMR) and 502 Code of Massachusetts Regulations (CMR).
Tank installations installed after the adoption of this chapter are not permitted within four feet of the maximum high water table, within four feet of bedrock, within 50 feet of a private well nor within 100 feet of a surface water body.
All leaking tanks must be emptied by the owner or operator within 12 hours of leak detection and removed by the owner or operator in a time period to be determined by the Board of Health and the Fire Chief. The owner shall be responsible for any cleanup, removal or repair.
The Board of Health, with the approval of the Chief of the Fire Department, may vary the application of any provision of this chapter, other than the provisions of § 99-14, upon finding that the applicant therefor has conclusively demonstrated that an equivalent degree of environmental protection as would be achieved by strict compliance with the provisions hereof will be achieved.
An applicant for such variance shall submit an application therefor to the Board of Health and shall file a copy thereof with the Chief of the Fire Department.
The Board shall schedule a public hearing on the matter within 30 days next following receipt of the application. Notice of the date and time of the hearing and of the matters to be considered thereat shall be published by the Board in a newspaper in general circulation within the Town not less than 10 days prior to such hearing at the expense of the applicant. The applicant shall obtain from the office of the Assessors a certified list of the names of the owners of all property abutting that property with respect to which a variance is sought and shall mail a copy of the notice of hearing published in the newspaper to each of those persons by certified mail, return receipt requested, within three days of the date such notice is published. The applicant shall deliver to the Board at the hearing a receipt from the newspaper evidencing that the bill for advertising has been paid, the certified list of abutters prepared by the Assessors and the post office receipts evidencing that the requirements of notice by mailing have been complied with.
The Board shall render a written decision setting forth its findings and the reasons therefor within 20 days following the close of the hearing. Such decision shall be filed in the office of the Town Clerk and a copy mailed to the applicant.
Discharge of hazardous material within the Town is prohibited. There shall be no variance from this section. Any person having knowledge of a discharge of hazardous material shall immediately report the discharge to the Board of Health and, if involving flammable or explosive materials, to the Fire Chief.
The Town of Franklin and its agents may enter upon privately owned property for the purpose of performing their duties under this chapter.
Any person who violates any provision of this chapter shall be punished by a fine not exceeding $300. Each day or portion thereof during which such violation continues shall constitute a separate offense. This chapter may be enforced pursuant to MGL c. 40, § 21D, by a Town police officer or other officers having police powers. Upon request of the Board of Health or the Fire Chief, the Town Counsel shall take such legal action as may be necessary to enforce this chapter.
[Amended 5-12-1986 by Bylaw Amendment 86-64; 12-9-1987 by Bylaw Amendment 87-116]
Every owner or operator of a commercial or industrial establishment initially registering storage of hazardous material pursuant to § 99-4 shall pay to the Town, through the Town Clerk, a registration fee as provided in Chapter 82, Fees. An annual fee as provided in Chapter 82, Fees, shall be paid to the Town Clerk on or before April 30 of each year for inspection and registration. The Board of Health and Fire Department may charge for expenses incurred in the enforcement of this chapter.