[HISTORY: Adopted by the 1986 Annual Town
Meeting of the Town of Westwood by Art. 17 (Art. 17 of the General
Bylaws); amended in its entirety by the 1996 Annual Town Meeting by
Art. 19. Subsequent amendments noted where applicable.]
This bylaw is adopted by the Town of Westwood
under its home rule powers, its powers to protect the public health
and welfare, and its authorization under MGL c. 40, § 21.
This bylaw is intended to protect the public
health, safety, welfare, and environment as well as to preserve and
maintain existing and potential groundwater supply, groundwater recharge
areas, and surface waters from risk of hazardous material release
within the Town of Westwood, and to provide local emergency responders
with appropriate contingency plans to mitigate emergencies in a safe
and timely manner.
An establishment whose principal use is nonresidential and
nonagricultural, either public or private.
A person designated by the contingency plan to interact with
the appropriate governmental agencies involved with response to a
release or potential release of a hazardous material and given the
authority to procure outside resources to help avert or mitigate such
contingency, having been so designated based upon his or her knowledge
of the facility; specific knowledge of areas where hazardous materials
are manufactured, used, stored, or disposed; and understanding of
the ramifications of a release of hazardous material for the safety
of responders, the environment, and the community.
A material or combination of materials which, because of
its quantity, concentration, or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in serious or
incapacitating illness or pose a substantial present or potential
hazard to human health, safety or welfare or to the environment when
improperly treated, stored, transported, used, disposed of, or otherwise
managed. These materials shall include, but not be limited to, synthetic
organic chemicals, petroleum products, heavy metals, radioactive or
infectious materials, and any substances defined as "toxic" or "hazardous"
under MGL c. 21C and c. 21E using the Massachusetts Oil and Hazardous
Substance List (in 310 CMR 40.000).
Information sheets, available by law from the manufacturer,
containing data including physical characteristics, flammability,
explosivity, reactivity, and the health and safety hazards of a product,
as well as information relative to procedures recommended for spills
and leaks of specific chemicals and special protection and precautions
to be taken in the handling of the product.
The "right-to-know" law within the Superfund Amendments and
Reauthorization Act of 1986, also titled the "Emergency Planning and
Community Right-To-Know Act."[1]
[1]
Editor's Note: See MGL c. 111F.
In order to focus efforts on significant threats
not fully addressed by other authorities, the following materials,
activities and facilities are not within the scope of authority of
this regulation:
A.
Household waste, including garbage, trash, and domestic
sanitary sewage.
B.
Wastes generated from the growing of agricultural
crops and the raising of animals, including manure which is returned
to the soil as fertilizer.
C.
Treatment, storage, and disposal facilities as defined
by 310 CMR 30.000, Hazardous Waste Regulations.
D.
Large quantity generators of hazardous wastes as defined
by 310 CMR 30.000, Hazardous Waste Regulations.
E.
Hazardous materials which are the subject of Tier
II reporting, as defined by SARA Title III (this shall not apply to
hazardous materials not otherwise excluded).
[Amended 1997 ATM by Art. 14]
F.
Materials storage subject to regulation by the Fire
Department under MGL c. 148.
G.
Materials kept at the dwelling where they are used
for routine yard or swimming pool maintenance.
In order that the Town, the abutters, and public safety officials may know of the existence and location where hazardous materials are stored, every owner or operator of a commercial or industrial establishment, including governmental entities, which stores, transports, uses, handles, or otherwise manages hazardous materials which, summed across all such materials, total 50 gallons liquid volume or 25 pounds dry weight or more in a calendar year must register with the Board of Health, unless excluded under § 250-4.
A.
Timing. Registration must be made prior to initiation
of activity or construction of facilities subject to this bylaw, and
prior to each two-year anniversary date as established by the Board
of Health. In addition, if any of the following activities occur during
the registration period, an updated registration must be obtained
prior to such change:
(1)
Remodeling, operating changes, or expansion of an
existing facility which substantially modifies the type or quantity
of hazardous materials managed.
(2)
Changes in the location or method of use, storage,
manufacture or handling of hazardous materials in any facility.
(3)
Change in ownership of a facility. Registration is
not transferable between past and future owners.
(4)
Addition of new hazardous materials not documented
in the original registration and resulting in the quantity threshold
(50 gallons, 25 pounds) being exceeded.
B.
Submittals. The following must be submitted to the
Board of Health as part of the registration process:
(1)
A hazard prevention and contingency plan, to include
the following:
(a)
A list of all qualified emergency coordinators,
including names and addresses with both work and residence telephone
numbers.
(b)
A list of the resource agencies (including telephone
numbers) to be contacted in the event of a hazardous material emergency.
(c)
A list of all relevant emergency supplies and
equipment available on the site, together with brief description of
their capabilities and usage.
(d)
Scale maps or drawings of the premises locating
the areas where hazardous materials are stored, handled, or in use;
areas where emergency equipment, such as spill kits and medical supplies,
is kept; and emergency evacuation routes and assembly locations.
(e)
Electronic copies of material safety data sheets
(MSDS) on CD-ROM, one MSDS for each hazardous chemical in the workplace.
If CD-ROM is unavailable, hard copies of MSDS are acceptable.
[Amended 5-4-2009 ATM by Art. 21]
(f)
A written description of the types of emergency
which are the most likely, even if highly improbable; procedures to
be followed routinely in reducing the risk of an emergency actually
occurring through error, vandalism, corrosion or spillage, including
employee training, and product loss detection through inventory reconciliation
and monitoring; and procedures to be followed in response to any contingency,
in order to protect safety and minimize any damage.
(2)
Information pertaining to any disposal of hazardous
wastes: hazardous waste generator ID number assigned by the Department
of Environmental Protection (DEP), name of the hazardous waste transporter(s),
and methods of handling spills of less than the volume which must
be reported under the Massachusetts Contingency Plan, 310 CMR 40.000.
(3)
Fees. The basic fee shall be $250 for initial registration
and $100 for biannual renewal. In addition, the Board of Health may
require that the applicant pay for the reasonable fees and expenses
of consultants selected by the Board if necessary for the review and
evaluation of applications for registration.
C.
Approval. Registration submittals shall be acted upon
and the applicant notified within 60 days following their receipt
by the Board of Health. Submittals shall be approved only if, following
consideration of recommendations by the Westwood Emergency Management
Agency (WEMA), the Board, or the Health Director acting on behalf
of the Board, finds that:
(1)
Submittals are substantially complete;
(2)
All other approvals relating to hazardous materials
have been applied for and, if not yet received, operation has clearly
been made contingent upon such approval; and
(3)
The contingency plan assures adequate protection of
the environment and of public health and safety, taking into consideration
the scale, location, and degree of hazard involved from the materials
in question, and the norms of contemporary best management practices.
A.
Aboveground storage. Storage of hazardous materials
above ground is permitted only in accordance with the following:
(1)
Materials shall be stored in product-tight containers,
in an orderly manner with wastes stored separately from usable materials,
and on an impervious surface.
(2)
Outdoor storage must be provided with secondary containment
with impervious materials able to contain spills of not less than
110% of the volume stored, and to prevent any flow of product to exposed
soils or outside drains, and must be protected from the elements,
accidental damage, and vandalism, which in some cases may require
a roof structure and fencing.
(3)
Indoor storage must be designed (by means of a berm,
dike, or other means of containment) to prevent any flow of product
to exposed soils, floor drains, or outside drains.
B.
Underground storage.
(1)
Underground storage of hazardous materials is permitted
only in underground storage facilities authorized by the Fire Department
in accordance with state and federal law and regulations.
(2)
New installations for underground storage of hazardous
materials are prohibited in the following locations:
C.
Identification.
(1)
Hazardous material storage areas must be clearly delineated,
and signs must be posted noting the dedicated nature of the area.
(2)
Containers of all non-waste hazardous materials must
be labeled as required under SARA Title III, including the name of
the product or chemical(s), the producer's name, address, and telephone,
a listing of the physical and health hazards associated with the materials,
and target organ effects from exposure.
(3)
Containers of hazardous wastes must be prominently
labeled as "Hazardous Waste" and must also be labeled with the hazardous
waste generator ID number and the date the container began accumulating
waste.
A.
Notification. In case of a spill and/or loss of hazardous
material at or above the volume which must be reported under the Massachusetts
Contingency Plan, 310 CMR 40.000, the owner/operator must immediately
report the spill or loss to the Fire Department. Notification shall
be made to the Board of Health within 24 hours of the spill. Notification
to the Massachusetts Department of Environmental Protection Emergency
Response Section shall be in accordance with 310 CMR 40.0000.
B.
Planning.
(1)
The map and written description required at § 250-5B(1) and (2) must also be posted at one or more of the following on-site locations: guard shack, fire alarm box annunciator panel, or other location acceptable to the Fire Department. The location of posting must be specified in the registration materials.
(2)
Material safety data sheets must be kept on file and
freely accessible at all times at an on-site location approved by
the Health and Fire Departments. The data sheets must be available
to the Fire and Health Departments during routine inspections and
in the event of an emergency.
(3)
The owner/operator shall provide adequate and reasonable
employee training programs to ensure the proper use, storage, transportation
and handling of hazardous materials, in compliance with SARA Title
III.
C.
Penalties. Whoever fails to take corrective action consistent with the time schedule for compliance required under Subsection B(3) shall be subject to a fine of $50 per day per violation pursuant to the Town of Westwood General Bylaws, Chapter 1, § 1-6, Noncriminal disposition of bylaw violations, and as authorized by MGL c. 40, § 21D.
[Amended 1997 ATM by Art. 14; 2000 ATM by
Art. 29]
D.
Appeals and variances.
(1)
An administrative appeal of the interpretation of this bylaw by the Health Director in a specific application may be made to the Board of Health by the owner or operator of the premises in question, or by the owner or operator of any abutting premises, or by any Town official. Procedure shall be as prescribed at Subsection D(3) below.
(2)
Variance in the application of this bylaw, unless
otherwise precluded by law, may be granted by the Board of Health
upon application by the owner or operator of the premises in question,
upon the Board's determination that the alternative proposed, subject
to any conditions imposed, will provide protection equivalent under
the circumstances to that assured by literal compliance with the bylaw.
(3)
Applications for administrative appeals or variances
shall be made in writing to the Board of Health. The Board shall hold
a public hearing on the application, at least 10 days prior to which
notice shall be provided in a newspaper of general circulation in
the Town and by certified mail to all abutters, at the expense of
the applicant. A written decision shall be made by the Board within
30 calendar days of the close of the hearing, unless an extension
is agreed to in writing by the applicant. Copies of the decision shall
be provided to the Town Clerk, the applicant, the owner or operator
of the premises, if different, and to any others requesting it.
(4)
Any person aggrieved by a decision of the Board of
Health or its agent(s) may seek relief therefrom within 30 days in
any court of competent jurisdiction, as provided by the laws of this
commonwealth.
Each provision of this bylaw shall be construed
as separate, to the end that if any part of it shall be held invalid
for any reason, the remainder shall continue in full force and effect.
