[HISTORY: Adopted by the Special Town Meeting 3-15-2008 by Art. 7.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 120.
Sewers — See Chs. 145 and 415.
[1]
Editor's Note: This Article was originally adopted as Ch. 80, but was renumbered as Ch. 110 to maintain the style of the Code.
A. 
Whereas:
(1) 
floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure (e.g. dry well, cesspool, leach field) or a septic system; and
(2) 
poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous material into these drainage systems in facilities managing these products; and
(3) 
improper maintenance or inappropriate use of these systems may allow the passage of containments or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and
(4) 
discharges of hazardous wastes and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface and ground water quality throughout Massachusetts; and
(5) 
surface and ground water resources in the Town of Southwick contribute to the town's drinking water supplies;
B. 
The Town of Southwick adopts the following by-law, as a preventive measure for the purpose of:
(1) 
preserving and protecting the Town of Southwick's drinking water resources from discharges of pollutants to the ground via floor drains, and
(2) 
minimizing the threat of economic losses to the Town due to such discharges.
For the purposes of this by-law, 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.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
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.
OIL/WATER SEPARATOR
A device designed and installed so as to separate and retain petroleum based oil or grease, flammable wastes as well as sand and 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.
[Amended STM 3-16-2009 by Art. 9]
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 water of the Town of Southwick. 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 Massachusetts General Laws (MGL) Chapter 21 E and the Massachusetts Hazardous Waste Regulations promulgated at 310 CMR 30.000, and also include such products as solvents, thinners, and pesticides in quantities greater than normal household use.
[Amended STM 3-16-2009 by Art. 9]
USE OF TOXIC OR HAZARDOUS MATERIAL
The handling, generation, treatment, storage, or management of toxic or hazardous materials.
WELLHEAD PROTECTION DISTRICT
The area of land as described by a map entitled "Town of Southwick Commonwealth of Massachusetts Wellhead Protection District" prepared by Dodson Associates, Ltd. dated March 26, 2007, and any subsequent amendments thereto. A copy of said map is on file in the Town Clerk's Office.
[Added STM 3-16-2009 by Art. 9]
[Amended STM 3-16-2009 by Art. 9]
With the exception of discharges that have received (or have applied and will receive) a Department issued permit prior to the effective date of this by-law, no floor drain(s) 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 either:
A. 
an industrial or commercial process area in the Wellhead Protection District.
B. 
a petroleum, toxic, or hazardous materials and/or waste storage area in the Wellhead Protection District.
A. 
The owner of a facility in operation prior to the effective date of this by-law with a prohibited floor drain system shall:
(1) 
disconnect and plug all applicable inlets to and outlets from (where possible) applicable leaching structures, oil/water separators, and/or septic systems;
(2) 
remove all existing sludge in oil/water separators, septic systems, and where accessible, leaching structures. Any sludge determined to be a hazardous waste shall be disposed of in accordance with state hazardous waste regulations (310 CMR 30.000). Remedial activity involving any excavation and/or soil or groundwater sampling must be performed in accordance with appropriate Department policies;
(3) 
Alter the floor drain system so that the floor drain shall be either:
(a) 
connected to a holding tank that meets all applicable requirements of Department policies and regulations, with hauling records submitted to the Southwick Department of Public Works at the time of hauling;
(b) 
connected to a municipal sanitary sewer line, if available, with all applicable Department and local permits; or
(c) 
permanently sealed. Any facility sealing a drain shall be required to submit for approval to the Department of Public Works a hazardous waste management plan detailing the means of collecting, storing, and disposing any hazardous waste generated by the facility, including any spill or other discharge of hazardous materials or wastes.
B. 
Any oil/water separator remaining in use shall be monitored weekly, cleaned not less than every 90 days, and restored to proper conditions after cleaning so as to ensure proper functioning. Records of the hauling of the removed contents of the separator shall be submitted to the Department of Public Works at the time of hauling.
C. 
Compliance with all provisions of this by law must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire code requirements.
D. 
Upon complying with one of the options listed under § 110-4A(3) the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's UIC Notification Form with the Department, and sending a copy to the Town of Southwick Department of Public Works.
[Amended STM 3-16-2009 by Art. 9]
[Amended STM 3-16-2009 by Art. 9]
The effective date of this by-law is governed by G.L. c. 40, § 32.
A. 
Existing Facilities:
(1) 
Owner/Operators of a facility affected by this by-law shall comply with all of its provisions within (120) days of the effective date;
(2) 
All applicable discharges to the leaching structures and septic systems shall be discontinued immediately through temporary isolation or sealing of the floor drain.
B. 
New Facilities:
(1) 
As of the effective date of the by-law, all new construction and/or applicable change of use within the Town of Southwick shall comply with the provisions of this by-law.
(2) 
Certification of conformance with the provisions of this by-law by the Department of Public Works shall be required prior to issuance of construction and occupancy permits.
(3) 
The use of any new oil/water separator shall comply with the same requirements as for existing systems, as specified above in § 110-4B.
[Amended STM 3-16-2009 by Art. 9]
Failure to comply with provisions of this by-law will result in the levy of fines of not less than $200.00, but no more than $300.00. Each day's failure to comply with the provisions of this by-law shall constitute a separate violation.
Each provision of this by-law shall be constructed as separate to the end that, if any provision, or sentence, clause, or phrase thereof, shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect.
[Amended STM 3-16-2009 by Art. 9]
The provisions of this by-law shall be administered and enforced through inspection by the Southwick Building Department.