Town of Southwick, MA Chapter 120 Hazardous Materials

[HISTORY: Adopted by the Special Town Meeting 10-4-1990 by Art. 12. Amendments noted where applicable.]

§ 120-1 Storage and handling of poisonous compounds.

No persons, firm or corporation shall store, handle or dispense any corrosive or poisonous chemicals or chemical compounds, including but not limited to calcium hypochlorite and chlorinated isocyanate, in any manner that creates a fire hazard, a substantial danger of leakage or a danger of any damage to any person or property.

§ 120-2 Written guidelines.

The Fire Department of the town shall prepare written general guidelines specifically detailing methods for compliance with this chapter. Such guidelines shall be furnished to any person requesting the same and shall tell specifically how to comply with the terms hereof.

§ 120-3 Violations and penalties.

Any person, firm or corporation violating any provision of this chapter shall be subject to the penalty provided for under Chapter 1, § 1-5, of the Code of the Town of Southwick. Any violation of this chapter is hereby declared to be a nuisance.

§ 120-4 Injunction.

In addition to any other relief provided for hereunder, the town may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any such violation.

§ 120-5 Cost recovery for hazardous material incident.

[Added STM 11-9-2004 by Art. 3]

The following is a list of costs and fees that will be incurred by a "person liable" as defined by M.G.L. c. 21E et seq. in the event that the Town of Southwick is required to respond to a notice of release as defined in the aforementioned statute:

A. Personnel cost: $29 per hour or union rate, if applicable, per person responding to any hazardous release incident.

B. Apparatus: The charge for all apparatus responding to the hazardous release incident within the first hour will be a flat rate fee of $400 plus materials. For each additional hour, or part thereof, the hourly rates shall be as follows:

	I.	Aerial Device	$250.00/unit
	II.	Engine	$200.00/unit
	III.	Ambulance (Municipal)	$200.00/unit
	IV.	Chemical Truck	$200.00/unit
	V.	Rescue Truck	$150.00/unit
	VI.	Brush Truck	$150.00/unit
	VII.	Tanker	$150.00/unit
	VIII.	Command Vehicle	$100.00/unit
	IX.	Police Vehicles	$35.00/unit

C. Additional costs/fees:

(1) The "person liable" or their insurer shall be obligated to pay the Fire and/or Police Department vehicle insurance deductible in an amount up to $1,000 for each occurrence during any hazardous release incident.

(2) The fee for a HAZ-MAT vehicle shall be $750 per hour and shall include the first hour of response time.

(3) All material used shall be billed at the catalog price. Catalog price shall be defined as the cost of any particular item that must be paid for by the Town of Southwick in its response to the notice of release or threat of release.