This chapter is adopted by the Town under its
home rule authority, its police powers to protect the public health
safety and welfare and its authorization under MGL c. 40, § 21,
MGL c. 111, § 31, and MGL c. 148, §§ 9 and
13.
The purpose of this chapter is to protect, preserve
and maintain the Town's existing and potential groundwater supply,
groundwater recharge areas, surface waters, air quality and natural
environment and to assure public health and safety through the proper
management of hazardous materials and waste.
The following terms shall be the following meanings
in this chapter:
A loss of greater than 0.001% of the material stored over
a period of one calendar month, unless such limit is unmeasurable,
in which case the Board of Health shall set the limit.
A product or material which decomposes at a significant rate
into nontoxic materials by natural biological processes.
The Code of Massachusetts Regulations.
Any portable device in which hazardous materials or wastes
are stored, transported, treated, disposed of or otherwise handled.
The Department of Environmental Protection and/or its successors.
The disposal, deposit, injection, dumping, spilling, leaking,
escape, incineration or placing of any hazardous material or waste,
into or on the land, water or air. Discharge includes, without limitation,
leakage of such hazardous materials or wastes from containers, tanks
or storage systems, or disposal of such materials or wastes into any
sewage disposal systems, dry well, catch basin or landfill.
The Fire Chief of the Town of Stoughton and shall include
any designee of the Fire Chief.
Any commercial enterprise, government agency, owner or operator
who produces, prepares, imports or compounds hazardous material or
waste by combining previously nonhazardous materials to create hazardous
materials.
Any substance, including petroleum, derivatives thereof,
or metals, or combination of substances which, because of their quantity,
concentration, physical, chemical, infectious, corrosive, flammable,
combustible, radioactive, genetic or toxic characteristics, may cause
or significantly contribute to a present or potential risk to human
health, safety, or welfare, to the groundwater resources, or to the
natural environment. Any substance regulated under applicable Stoughton
Board of Health regulations and under any state or federal laws and
regulations regulating hazardous, chemical, biological or waste materials,
or any amendments thereof, shall be considered hazardous material
or waste.
Any commercial enterprise, government agency, owner or operator who utilizes hazardous materials or waste, for any purposes other than those specifically exempt from the requirements of this chapter under § 113-5.
Any commercial enterprise, government agency, owner or operator
who separates hazardous materials from discarded products or materials
as a business.
Each and every person who alone or severally with others
has legal title to any property on which is located any hazardous
material or waste subject to this chapter; or a tenant, licensee or
person in possession, who has care, charge or control of any such
property, in any capacity, including without limitation agent, executor,
administrator, trustee or guardian of the estate of the holder of
legal title; or agent, trustee or a person appointed by a court of
competent jurisdiction; or a mortgagee in possession of such property.
Each and every such person is bound to comply with the provisions
of this chapter as if he were an owner.
The holding of any hazardous materials or wastes in one location
for more than 24 hours.
One or more tank(s), and all connecting pipes, valves or
other devices appurtenant thereto.
Any stationary device used to store or to contain an accumulation
of hazardous materials or wastes.
A system in which any or part of any of the tanks, connecting
pipes, valves or other devices are buried below the surface of the
ground unless otherwise specified by the Board of Health.
