The discharge of toxic or hazardous materials upon the ground
or into any surface water or groundwater within the Town of Dennis
is prohibited.
Every spill, leak or other loss of toxic or hazardous materials
believed to be in excess of 20 gallons shall be reported to the Board
of Health within two hours of detection.
Written notice of any violation of these regulations shall be given by the agent of the Board of Health, specifying the nature of the violation, any corrective measures that must be undertaken, including containment and cleanup of discharged materials; any preventive measures required for avoiding future violations; and a time for compliance. Requirements specified in such a notice shall be reasonable in relation to the public health hazard involved and the difficulty of compliance. The cost of containment and cleanup shall be borne by the party responsible for the discharge of hazardous waste, as defined in §
250-1, Definitions. If the party at fault cannot be identified, then the cost of containment and cleanup shall be borne by the owner and operator of the premises.
Each provision of these regulations shall be construed as separate,
to the end that if any part of it shall be held invalid for any reason,
the remainder shall continue in full force and effect.
The purpose of the Water Resource District is to protect the
public health by preventing contamination of the groundwater and surface
water resources providing water supply to the Town. The boundaries
of the Water Resource District follow the Zone II Wellhead Protection
Areas for Dennis, as approved by MassDEP, as amended. Electronic copies
of the Zone II Wellhead Protection Areas can be obtained from MassGIS
(Bureau of Geographic Information) or viewed online using the MassGIS
data viewer. In addition to the Townwide Regulations of Part I, the
following regulations apply to the Water Resource District.
The Board of Health is hereby designated the permit granting authority for land use approval in the Water Resource District regarding all activities set forth in §
250-11. The Board of Health shall have the power to promulgate rules and regulations for carrying out its duties under Part
II of the Health Regulations to Control Toxic and Hazardous Materials.
For the purposes of this Part II, the following terms are defined
below:
AQUIFER
Geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
GROUNDWATER PROTECTION DISTRICT
The zoning district defined to overlay other zoning districts
in the Town of Dennis. The Groundwater Protection District may include
specifically designated recharge areas.
IMPERVIOUS SURFACE
Material or structure on, above, or below the ground that
does not allow precipitation or surface water to penetrate directly
into the soil.
MINING
The removal or relocation of geologic materials such as topsoil,
sand, gravel, metallic ores, or bedrock.
RECHARGE AREAS
Areas that collect precipitation or surface water and carry
it to aquifers. Recharge areas may include areas designated as Zone
I, Zone II, or Zone III.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual, or potential hazard
to water supplies or other hazards to human health if such substance
or mixture were discharged to land or water in the Town of Dennis.
Toxic or hazardous materials include, without limitation: synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious wastes, acids alkalis and all substances defined as toxic
or hazardous under MGL c. 21C and 21E and 310 CMR 30.00, and also
include such products as solvents and thinners in quantities greater
than normal household use.
Written notice of any violation shall be provided by the Health
Inspector to the owner of the premises, specifying the nature of the
violations and a schedule of compliance, including cleanup of any
spilled materials. This compliance schedule must be reasonable in
relation to the public health hazard involved. In no event shall more
than 30 days be allowed for either compliance or finalization of a
plan for longer-term compliance.