[HISTORY: Adopted by the Annual Town Meeting of the Town
of Williamstown 5-22-1990, Art. 42. Amendments noted where applicable.]
This chapter is intended to protect the ground- and surface
waters of the town from contamination, and to protect the public health
and welfare relative to toxic and hazardous materials. It is adopted
under the authority of MGL C. 43B, § 13, the Home Rule Procedures
Act and MGL C. 40, § 21.
This chapter shall apply to all nonagricultural activities required
to obtain an Environmental Protection Agency (EPA) identification
number under 310 CMR 30.061, or involving storage of substances exceeding
the Threshold Planning Quantities of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) Title III Regulations, other than
substances, such as those held for sale by retailers, excluded from
control thereunder.
A.
All persons storing substances subject to this chapter shall, using
a form to be provided by the Municipal Hazardous Materials Coordinator,
annually register such storage with the Municipal Coordinator, initially
upon storage initiation or, in the case of storage in existence upon
adoption of this chapter, within 90 days of bylaw adoption.
B.
Submitted registration materials shall annually be provided by the
Municipal Coordinator to the Board of Health and the Fire Chief, and
shall be maintained in a computer file to facilitate cross referencing
against outstanding permits and licenses for assisting in administration
and enforcement.
A.
All persons applying for a permit or permit renewal under 527 CMR
9.0,0 Board of Fire Prevention Regulations for Tanks and Containers,
shall furnish a duplicate copy of the application and plot plan to
the Board of Health, and the head of the Fire Department shall furnish
to the Board of Health copies of all permits granted under those regulations.
B.
Persons proposing to install tanks or containers subject to this
chapter but not subject to either 527 CMR 9.00 (Board of Fire Prevention
Regulations) or 310 CMR 30.690 (DEP Hazardous Waste Regulations) shall
make written application to the Board of Health prior to doing so.
Such application shall be approved, provided that the requirements
of this chapter are met, but not otherwise.
A.
Storage subject to this chapter shall be product-tight, weatherproof
and vandal-resistant, with redundant security, such as enclosure of
containers within an impervious dike.
B.
Storage containers with capacity of 55 gallons or more shall:
(1)
Meet the requirements of 527 CMR 9.00, Board of Fire Prevention Regulations,
if applicable, or
(2)
Meet the requirements of 310 CMR 30.690, Storage and Treatment in
Tanks, if applicable, or
(3)
Meet the more appropriate of the above, as determined by the Board
of Health, if neither is otherwise applicable, except that in such
case, specific departure may be authorized by the Board of Health
(or its designated agent) upon its written determination, following
consultation with the Conservation Commission and Selectmen, that
the nature of the materials being stored makes such departure appropriate,
and will result in no compromise in the prevention of hazard.
C.
Where storage is not subject to control under 527 CMR 9.00, Board
of Fire Prevention Regulations for Tanks and Containers, responsibilities
assigned in that regulation to the head of the Fire Department shall
be assumed by the Board of Health (or its designated agent).
Persons storing substances subject to this chapter shall file
with the Health Department a hazard prevention and contingency response
plan outlining measures to be taken in the event of release or threat
of release, and personnel training procedures in emergency response.
Such plan may be that submitted to Massachusetts Department of Environmental
Protection (DEP) under 310 CMR 30.520.
Any person who violates any provision of this chapter shall
be punished by a fine of not more than $100, with each day during
which a violation continues being a separate offense. Upon request
by the Board of Health (or its designated agent) or on its own initiative,
the Board of Selectmen shall take such legal action as is necessary
to enforce this chapter.