[HISTORY: Adopted by the Special Town Meeting of the Town of Eastham
10-26-1981 by Art. 13. Amendments noted where applicable.]
The Town of Eastham finds that:
A.
The groundwater underlying this Town is the sole source
of its existing and future water supply including drinking water.
B.
The groundwater aquifer is integrally connected with,
and flows into, the surface waters, lakes, streams and coastal estuaries which
constitute significant recreational and economic resources of the Town used
for bathing and other water-related recreation, shellfishing and fishing.
C.
Accidental spills and discharges of petroleum products
and other toxic and hazardous materials have repeatedly threatened the quality
of such groundwater supplies and related water resources on Cape Cod and in
other Massachusetts towns, posing potential public health and safety hazards
and threatening economic losses to the affected communities.
D.
Unless preventive measures are adopted to prohibit discharge
of toxic and hazardous materials and to control their storage within the Town,
further spills and discharges of such materials will predictably occur, and
with greater frequency and degree of hazard by reason of increasing construction,
commercial, and industrial development, population, and vehicular traffic
in the Town of Eastham and on Cape Cod.
E.
The foregoing conclusions are confirmed by findings set
forth in the Environmental Impact Statement and Water-Quality Management Plan
for Cape Cod (September 1978), prepared by the Cape Cod Planning and Economic
Development Commission pursuant to Section 208 of the Federal Clean Waters
Act; by the report entitled Chemical Contamination (September 1979), prepared
by the Special Legislative Commission on Water Supply, Commonwealth of Massachusetts;
and by the report, Chemical Quality of Ground Water, Cape Cod, Massachusetts
(1979), prepared by the U.S. Geological Survey.
The Town of Eastham adopts the following measures under its home rule
powers to protect the public health and welfare, and its authorization under
MGL C. 40, § 21.
As used in this bylaw, the following terms shall have the meanings indicated:
The accidental or intentional spilling, leaking, pumping, emitting,
emptying or dumping of toxic or hazardous material upon or into any land or
waters of the Town of Eastham. Discharge includes, without limitation, leakage
of such materials from failed or discarded containers or storage systems,
and disposal of such materials into any on-site sewage disposal system, dry
well, catch basin or unapproved landfill. The term "discharge," as used and
applied in this bylaw, does not include the following:
Proper disposal of any material in a sanitary or industrial landfill
that has received and maintained all necessary legal approvals for that purpose;
Application of fertilizers and pesticides in accordance with label recommendations
and with regulations of the Massachusetts Pesticide Control Board;
Application of road salts in conformance with the snow and ice control
program of the Massachusetts Department of Public Works; and
Disposal of sanitary sewage to subsurface sewage disposal systems as
defined and permitted by Title 5 of the Massachusetts Environmental Code.
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose, in the Board of Health's judgment, a significant
actual or potential hazard to water supplies, or other hazard to human health,
if such substance or mixture were discharged to land or waters of this Town.
"Toxic or hazardous materials" include, without limitation, organic chemicals,
petroleum products, heavy metals, radioactive or infectious wastes, acids
and alkalies, and include products such as pesticides, herbicides, solvents
and thinners. Wastes generated by the following activities, without limitation,
are presumed to be toxic or hazardous, unless and except to the extent that
anyone engaging in such an activity can demonstrate the contrary to the satisfaction
of the Board of Health:
Airplane, boat and motor vehicle service and repair.
Chemical and bacteriological laboratory operation.
Cabinetmaking.
Dry cleaning.
Electric circuit assembly.
Metal plating, finishing and polishing.
Motor and machinery service and assembly.
Painting, wood preserving and furniture stripping.
Pesticide and herbicide application.
Photographic processing.
Printing.
A.
The discharge of toxic or hazardous materials upon the
ground or into any surface or ground waters within the Town of Eastham is
prohibited.
B.
Outdoor storage of toxic or hazardous materials is prohibited, except in product-tight containers which are protected from the elements, leakage, accidental damage and vandalism, and which are stored in accordance with all applicable requirements of § 77-5 of this bylaw. For purposes of this subsection, road salts and fertilizer shall be considered as hazardous materials.
A.
Except as exempted below, every owner and every operator
other than an owner of a site at which toxic or hazardous materials are stored
in quantities totaling, at any time, more than 50 gallons liquid volume or
25 pounds dry weight shall register with the Board of Health the types of
materials stored, quantities, location and method of storage. The Board of
Health may require that an inventory of such materials be maintained on the
premises and be reconciled with purchase, use, sales and disposal records
on a monthly basis, in order to detect any product loss. Registration required
by this subsection shall be submitted within 60 days of enactment of this
section and annually thereafter. Maintenance and reconciliation of inventories
shall begin within the same sixty-day period.
B.
Exemptions. Registrations and inventory requirements shall not
apply to the following:
(1)
Fuel oil stored in conformance with Massachusetts Fire
Prevention regulations and regulations of the Eastham Board of Health for
the purpose of heating buildings located on the site; or
(2)
The storage of toxic and hazardous materials at a single-family
or two-family dwelling, except where such materials are stored for use associated
with a professional or home occupation use as defined by § 165-3
of the Zoning bylaws of the Town of Eastham.
C.
Wastes containing toxic or hazardous materials shall
be held on the premises in product-tight containers and shall be removed and
disposed of in accordance with the Massachusetts Hazardous Waste Management
Act, Ch. 704 of the Acts of 1979.
D.
The Board of Health may require that containers of toxic
or hazardous materials be stored on an impervious, chemical-resistant surface
compatible with the material being stored and that provisions be made to contain
the product in the case of accidental spillage.
Every person having knowledge of a spill, leak or other loss of toxic
or hazardous materials believed to be in excess of five gallons or five pounds
dry weight shall report the spill or loss of same to the Board of Health within
one hour of detection.
A.
The provisions of this bylaw shall be enforced by the
Board of Health. The agent of the Board of Health may, according to law, enter
upon any premises at any reasonable time to inspect for compliance.
B.
Upon request of an agent of the Board of Health, the
owner or operator of any premises at which toxic or hazardous materials are
used or stored shall furnish all information required to monitor compliance
with this bylaw, including a complete list of all chemicals, pesticides, fuels
and other toxic or hazardous materials used or stored on the premises, a description
of measures taken to protect storage containers from vandalism, corrosion
and spillage, and the means of disposal of all toxic or hazardous wastes produced
on the site. A sample of wastewater disposed to on-site septic systems, dry
wells or sewage treatment systems may be required by the agent of the Board
of Health.
C.
All records pertaining to storage, removal and disposal
of toxic or hazardous wastes shall be retained for no less than three years
and shall be made available for review by the agent of the Board of Health
upon request.
D.
The Building Commissioner of the Town of Eastham shall
condition issuance of construction and occupancy permits upon conformity with
the requirements of this bylaw respecting any toxic or hazardous materials
to be used in the course of such construction or occupancy.
Written notice of any violation of this bylaw 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 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 owner and operator of the premises.
Penalty for failure to comply with any provisions of this bylaw shall
be $200 per day of violation.
Each provision of this bylaw 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.
