[HISTORY: Adopted by the Board of Health
of the Town of Franklin 8-1-2008. Amendments noted where applicable.]
A.
This regulation has been drafted to comply with the
requirements of the Massachusetts Department of Environmental Protection's
Wellhead Protection "Source Approval" Regulations, 310 CMR 22.21 (2)(a)8,
within designated Zone II areas.
B.
Though the regulations cited above only require the
regulation to cover Zone II of the public water supply in the source
approval process, this regulation will apply to the entire Town of
Franklin so as to be consistent with the state regulation (310 CMR
27.00).
Whereas 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 poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products; and improper maintenance or inappropriate use of these systems may allow the passage of contaminates or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and discharges of hazardous wastes and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface water and groundwater quality throughout Massachusetts; and surface water and groundwater resources in the Town of Franklin contribute to the Town's drinking water supplies, the Town of Franklin Board of Health adopts the following regulation, under its authority as specified in § 222-3, as a preventative measure for the purpose of preserving and protecting the Town of Franklin's drinking water resources from discharges of pollutants to the ground via floor drains, and minimizing the threat of economic losses to the Town due to such discharges.
The Franklin Board of Health adopts the following
regulation pursuant to authorization granted by MGL c. 111 §§ 31
and 122. The regulation shall apply, as specified herein, to all applicable
facilities, existing and new, within the Town of Franklin.
For the purpose of this regulation, the following
words and phrases shall have the following meanings:
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; services or retail establishments;
printing or publishing establishments; research and development facilities;
small or large quantity generators of hazardous waste; laboratories,
hospitals.
The Massachusetts Department of Environmental Protection.
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 water of the
Commonwealth. Discharge includes, without limitation, leaking of such
materials from failed or discharged containers or storage systems
and disposal of such materials into any on-site leaching structure
or sewage disposal system.
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.
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 watertight.
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.
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 Franklin.
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 MGL c. 21C, §§ 21C and 21E
or Massachusetts Hazardous Waste Regulation (310 CMR 30.000), and
also include such products as solvents, thinners, and pesticides in
quantities greater than normal household use.
The handling, generation, treatment, storage, or management
of toxic or hazardous materials.
With the exception of discharges that have received
(or have applied for and will receive) a Department-issued permit
prior to the effective date of this regulation, 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;
B.
A petroleum, toxic, or hazardous materials and/or
waste storage area; or
C.
A leased facility without either Subsection A or B of this section, but in which the potential for a change of use of the property to a use which does have either Subsection A or B is, in the opinion of the Board of Health or its agents, sufficient to warrant the elimination of the ground discharge at the present.
A.
The owner of a facility in operation prior to the
effective date of this regulation with a prohibited (as defined under
§ 322-5) 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 Franklin Board of Health 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 Board of Health
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 Board of Health at the time of hauling.
C.
Compliance with all provisions of this regulation
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 § 222-6A(3), the owner/operator of the facility shall notify the Department of closure of said system by filing the Department's UIC Notification Form (which may be obtained by calling 617-348-4014) with the Department, and sending a copy to the Franklin Board of Health.
The effective date of this regulation is the
date posted on the front page of the regulation, which shall be identical
to the date of the adoption of the regulation.[1]
A.
Existing facilities:
(1)
Owners/Operators of a facility affected by this regulation
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 disconnected immediately through temporary
isolation or sealing of the floor drain.
B.
New facilities:
(1)
As of the effective date of the regulation, all new
construction and/or applicable change of use within the Town of Franklin
shall comply with the provisions of this regulation.
(2)
Certification of conformance with the provisions of
this regulation by the Board of Health shall be required prior to
the issuance of construction and occupancy permits.
[1]
Editor's Note: This regulation was adopted
8-1-2008.
Failure to comply with provisions of this regulation
will result in the levy of fines of not less than $200, but no more
than $1,000. Each day's failure to comply with the provisions of this
regulation shall constitute a separate violation.
The Agent(s) for the Board of Health and the
Director of Public Works and his designee shall enforce this regulation,
and may pursue all civil and criminal remedies for violations thereof.
