[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.
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]
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
