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]
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.
[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.