A. 
Any hazardous materials or waste generator or user of hazardous materials or waste which exceeds the thresholds in Subsection B, including residential tanks as specified in § 113-19D, must obtain a permit from the Board of Health to store, use or generate hazardous materials or wastes. The permit shall be granted for one year, and may be renewed by the Board of Health or the Hazardous Materials Coordinator, unless there has been a substantial change in the quantity, type, or method of storage, generation or use, or the Board of Health or the Hazardous Materials Coordinator concludes for any reason that re-issuance of the permit should be reviewed by the Board. This permit shall be in addition to any license required in accordance with MGL c. 148, § 13, and/or any permit required in accordance with 527 CMR 14.00 or any other fire prevention regulation.
B. 
A permit must be obtained for hazardous materials and wastes when use, generation or storage are above the following thresholds:
(1) 
Small-scale or large-scale generator as defined in the Massachusetts Hazardous Waste Management Act, MGL c. 21C, and the Federal Resource Conservation and Recovery Act, 42 USC 6901 et seq., or as defined in any subsequent amendments or new regulations; or generation in excess of 100 kilogram/month of hazardous waste or materials, whichever is the smallest quantity.
(2) 
Any storage or use within a twenty-four-hour period exceeding 25 gallons' liquid volume or 25 pounds' dry weight of any hazardous material or waste, except for retail sale.
(3) 
Storage, use or generation of any quantity of any chemical on the List of Extremely Hazardous Materials, as published in the Federal Register Volume 52, Number 77, April 22, 1987, and any additional chemicals added subsequently.
(4) 
Storage of any hazardous materials or waste overnight in delivery trucks or tank trailers.
(5) 
Storage of more than 50 gallons or 50 pounds' dry weight of any prepackaged hazardous materials for retail sale.
The following information shall be supplied with the application for a permit:
A. 
A list of the size, type, age and location of each container or tank, regardless of size. Evidence of the date of purchase and installation shall be included for existing storage systems. A plot plan showing the location of all containers, tanks, drains and piping on the property, both inside and outside buildings. In complex applications, the Hazardous Materials Coordinator and/or the Board of Health may require a plot plan certified by a professional land surveyor. Any changes in the information contained in the initial application, including any change in the use of the storage system, shall be reported immediately.
B. 
A list of daily amounts stored, used or generated and estimate of yearly throughput of all hazardous materials and waste to be used, stored or generated on the site, and copies of pertinent material safety data sheets.
C. 
Documentation stating that all information previously filed with the Board of Health is correct, or indicating a change in the status of the existing permit, shall be submitted annually. A new permit shall be obtained within 30 days from the Board of Health whenever:
(1) 
There is any change in the type or method of generation, use or storage, or significant change in the quantity or composition of hazardous materials or wastes previously permitted.
(2) 
The method of storage, generation or use fails to comply with information previously submitted to the Board of Health.
(3) 
The Board of Health may require additional information if it is necessary to adequately evaluate the application.
Permits shall not be required under this chapter for the following:
A. 
Septic systems.
B. 
Gasoline and diesel fuel stored in tanks mounted on a vehicle and used solely to fuel the same vehicle.
C. 
Hydraulic oil reservoir tanks on heavy vehicular equipment.
D. 
Use of domestic biodegradable cleaners for residential and business maintenance.
E. 
Aboveground residential oil tanks in place and in use prior to passage of this chapter. New residential oil tanks require permits as noted in § 113-19D of this chapter, provided that a permit has also been obtained from the Fire Chief.
The Board of Health may impose conditions on any storage permit as necessary to serve the purposes of this chapter or to protect the public health and environment.
Hazardous materials and waste permits, with the exception of aboveground residential home heating oil tanks, shall be granted by the Board of Health only if the following criteria are fulfilled:
A. 
The proposed storage use or generation system shall provide adequate discharge-prevention safeguards which are appropriate to the materials and wastes to be stored, used or generated and to the location of the storage, use or generation.
B. 
The proposed storage, use or generation system shall comply with all local, state and federal regulations.
C. 
The proposed storage, use or generation system shall not cause a threat to the public health and safety or to the environment.
D. 
The applicant has established a satisfactory hazardous materials and waste discharge contingency plan.
E. 
All hazardous materials or wastes to be stored above ground shall be stored in product-tight containers on an impervious, chemical-resistant surface, under cover and sheltered from the weather unless otherwise specified by the Board. The storage area shall be enclosed with a permanent dike of impervious construction providing a volume of at least 100% of the maximum volume of the largest single container or tank plus 10% of the total storage capacity. All outdoor storage areas shall be surrounded by a five-foot fence, at a minimum, and shall be locked at all times when unattended.
F. 
Hazardous waste shall be held on the premises for removal by a licensed carrier in accordance with the Massachusetts Hazardous Waste Management Act, MGL c. 21C.
G. 
Owners or operators shall park delivery trucks or tank trailers only in designated overnight parking areas approved by the Board of Health and Fire Department. These parking areas must allow for detection and containment of discharge from the parked vehicles that are acceptable to the Board of Health and Fire Department.
All hazardous materials stored above ground, with the exception of residential home heating oil tanks, shall be monitored weekly unless more frequent monitoring is specified in the permit. Monitoring shall consist of a thorough visual inspection of the container(s) and tank(s) and stock(s) of materials as well as the dike area for deterioration, leakage or unaccounted for loss of materials.
Throughout the permit period, owners, users, generators, or operators shall keep copies of all hazardous waste transport manifests on-site, as required under the Resource Conservation and Recovery Act, 42 USC 6901 et seq., and the Massachusetts Hazardous Waste Management Act, MGL c. 21C. If a hazardous waste generator is exempt from the manifest requirements, sufficient proof of a proper disposal method shall be maintained.