[HISTORY: Adopted by the Board of Health of the Town of Eastham 5-26-2005, effective 7-1-2005. Amendments noted where applicable.]
The Town of Eastham finds that:
The groundwater underlying this Town is the sole source of its existing and future water supply including drinking water.
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.
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.
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.
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 chapter, 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 chapter, does not include the following.
- A. Proper disposal of any material in a sanitary or industrial landfill that has received and maintained all necessary legal approvals for that purpose;
- B. Application of road salts in conformance with the snow and ice control program of the Massachusetts Department of Public Works;
- C. Application of road salts in conformance with the snow and ice control program of the Massachusetts Department of Public Works, and
- D. Disposal of sanitary sewage to subsurface sewage disposal systems as defined and permitted by Title 5 of the Massachusetts Environmental Code.
- TOXIC AND HAZARDOUS MATERIAL
- 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 alkaline, 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.
- A. Airplane, boat and motor vehicle service and repair.
- B. Chemical and bacteriological laboratory operation.
- C. Cabinet making.
- D. Dry cleaning.
- E. Electric circuit assembly.
- F. Metal plating, finishing and polishing.
- G. Motor and machinery service and assembly.
- H. Painting, wood preserving and furniture stripping.
- I. Pesticide and herbicide application.
- J. Photographic processing.
- K. Printing.
The discharge of toxic or hazardous materials upon the ground or into any surface or ground waters within the Town of Eastham is prohibited.
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 § 306-5. For purposes of this subsection, road salts and fertilizer shall be considered as hazardous materials.
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 is 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 chapter and annually thereafter. Maintenance and reconciliation of inventories shall begin within the same sixty-day period.
Exemptions. Registrations and inventory requirements shall not apply to the following:
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 site; or
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.
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, Chapter 704 of the Acts of 1979.
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 pounds dry weight shall report the spill or loss of same to the Board of Health within one hour of detection.
The provisions of this chapter shall be enforced by the Board of Health. The agent of the Board of Health may, according to law, enter upon any premises of any reasonable time to inspect for compliance.
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 chapter, 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 wasted produced on 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.
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.
The Building Commissioner of the Town of Eastham shall condition issuance of construction and occupancy permits upon conformity with the requirements of this chapter respecting any toxic or hazardous materials to be used in the course of such construction or occupancy.
Written notice of any violation of this chapter 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 preventative 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 chapter shall be $200 per day of violation.
Each provision of this chapter 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.