The Board of Health adopts the following regulation pursuant
to authorization granted by MGL c. 111, §§ 31 and 122.
This regulation shall apply to all new and existing facilities located
within the Town of Eastham MassDEP approved Zone II Groundwater Protection
Overlay District (see map from previous section).
For the purposes of this regulation, the following words and
phrases shall have the following meanings:
COMMERCIAL AND INDUSTRIAL FACILITY
A public or private establishment where the principal use
is the supply, sale, and/or manufacture of services, products, or
information, including but not limited to: manufacturing, processing,
or other industrial operations; service or retail establishments;
printing or publishing establishments; research and development facilities;
small or large quantity generators of hazardous waste; laboratories;
hospitals.
DISCHARGE
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, incineration, or placing of toxic or hazardous
material or waste upon or into any land or water so that such hazardous
waste or any constituent thereof may enter the land or waters of the
Commonwealth. 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 leaching structure or
sewage disposal system.
FLOOR DRAIN
An intended drainage point on a floor constructed to be otherwise
impervious which serves as the point of entry into any subsurface
drainage, treatment, disposal, containment, or other plumbing system.
LEACHING STRUCTURE
Any subsurface structure through which a fluid that is introduced
will pass and enter the environment, including, but not limited to,
dry wells, leaching catch basins, cesspools, leach fields, and oil/water
separators that are not water-tight.
MASSDEP
Massachusetts Department of Environmental Protection.
OIL/WATER SEPARATOR
A device designed and installed to separate and retain petroleum
based oil/grease, flammable wastes and sand particles from normal
wastes while permitting normal sewage or liquid wastes to discharge
into the drainage system by gravity. Other common names for such systems
include MDC traps, gasoline and sand traps, grit and oil separators,
grease traps, and interceptors.
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 waters. "Toxic or hazardous
materials" include, without limitation, synthetic organic chemicals,
petroleum products, heavy metals, radioactive or infectious wastes,
acids and alkalis, and all substances defined as toxic or hazardous
under MGL c. 21C and 21E or Massachusetts Hazardous Waste Regulations
(310 CMR 30.000), and also include such products as solvents, thinners,
and pesticides in quantities greater than normal household use.
ZONE II
The delineated recharge area to a public drinking water well
as approved by MassDEP and defined under the MA Drinking Water Regulations
310 CMR 22.00. Zone II may be seen on the Groundwater Protection District
Map in previous section.
With the exception of discharges that received MassDEP permit
prior to July 30, 2015, no floor drain shall be allowed to discharge,
with or without pretreatment (such as an oil/water separator) to the
ground, a leaching structure, or septic system in any industrial or
commercial facility if such floor drain is located in:
A. An industrial or commercial process area; or
B. A petroleum, toxic, or hazardous materials and/or hazardous waste
storage area; or
C. A leased facility lacking either A or B as described above, but which
has the potential for a change in use to one which has either A or
B; and is in the opinion of the Board of Health or its agent sufficient
to warrant the elimination of the ground discharge present at this
facility.
Failure to comply with provisions of this regulation will result
in the levy of fines of not less than $200, but no more than $1,000.
Each day's failure to comply with the provisions of this regulation
shall constitute a separate violation.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.