[HISTORY: Section 8 of the Plainville Board of Health Regulations, effective 10-20-2004. Amendments noted where applicable.]
This regulation is recodified and adopted by the Plainville Board of Health under the provisions of MGL c. 111, § 31, in the exercise of its power to protect the health and welfare of the public.
The purpose of this regulation is to protect, preserve and maintain the existing and potential groundwater supply, groundwater recharge areas and surface water within the Town of Plainville from contamination from hazardous materials.
As used in this chapter, the following terms shall have the meanings indicated:
- The deposit, disposal, injection, spilling, leaking, incineration, or placing of any hazardous materials into or onto any land or water so that such hazardous materials, or any constituent thereof, may enter the environment, or be emitted into the air, or discharged into any waters, including but not limited to groundwaters.
- HAZARDOUS MATERIAL
- A product or waste, or combination of substances which because of quantity, concentration, or physical, chemical or infectious characteristics, in the Board's judgment, poses a substantial present or potential hazard to the human health, safety, or welfare, or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. Any substance deemed a hazardous waste in MGL c. 21C shall also be deemed a hazardous material for the purpose of these regulations.
Following the effective date of this regulation, the installation of underground storage tank/tanks for hazardous materials is prohibited except for storage tank/tanks for commercial gasoline and diesel fuel in excess of 500 gallons.
Existing underground tank/tanks and lines that are less than 10 years of age, that were installed according to 527 CMR 4-4.08 and 9-9.08 in their entirety and have been inspected and certified by the Fire Department to be in full compliance with all current regulations shall be exempt until they reach the age of 10 years.
During the removal of all underground storage utilities, the owner/owners/operator and/or contractor shall notify the Fire Department and Board of Health.
During the removal of all underground storage utilities, a licensed site professional shall measure for the presence of a release of product that was stored in the tank/tanks. If contamination is found the owner/owners/operator and contractor shall immediately notify the Fire Department and Board of Health, as well as the Department of Environmental Protection, Bureau of Waste Site Cleanup.
Tank removals shall be done by a contractor licensed by the Commonwealth of Massachusetts and registered with the Town of Plainville Board of Health for such removal.
Following the effective date of this regulation, the installation and replacement of all aboveground hazardous material tanks as per definition shall conform to the following criteria. This includes any size tank/tanks for commercial and home heating purposes.
Secondary containment of all tanks, piping and supply lines shall be installed and required according to the Board of Fire Prevention Regulations, 527 CMR 4.00 to 4.08, 527 CMR 9.00 to 9.08 and the Plainville Board of Health regulations. The Plainville Fire Department and the Plainville Board of Health agent shall approve of the secondary containment and delivery line protective sleeve.
527 CMR 4.04(c) now requires that all new delivery lines are encased in a nonmetallic protective sleeve.
Interior tanks shall be installed so that any basement flooding will not deteriorate or compromise the integrity of the tank.
No exterior aboveground tank/tanks shall be permitted within 35 feet of any water body, vernal pool, stream, river, wetland, well, one-hundred-year flood zone, pond, brook, swamp, marsh as defined in state regulations 310 CMR 10.00 to 10.99 of Wetlands Protection Act.
Editor's Note: See MGL c. 131, §§ 40 and 40A.
In any new construction or replacement of existing commercial and/or home heating fuel aboveground storage tank/tanks, either inside or outside a building, double-walled tank/tanks shall be required to provide a containment capacity of 110% of the tank. The delivery line must have a protective sleeve. Home heating fuel storage tank/tanks and lines shall not be installed underground. Both the Fire Chief and the Board of Health agent must approve all storage tank/tanks.
Any person who is aware of a spill, loss of product, or unaccounted for increase in the consumption which may indicate a leak shall report such spill, loss of product, or increase immediately to the Fire Department and to the Board of Health.
If a leak, loss of product, or unaccounted increase in consumption is confirmed the leak shall be identified, isolated, contained and repaired forthwith and shall be brought up to code as specified in these regulations. Said upgrade shall be under the direction of the Fire Chief or his designee. If determined by the Board of Health and the Fire Chief or his designee, a hazardous waste handler licensed by the Department of Environmental Protection Agency for the Commonwealth of Massachusetts must dispose of all contaminated soils.
All storage of hazardous materials in the rules and regulations in this Chapter 619 of Division 5, Board of Health Regulations, of the Code of the Town of Plainville shall also apply to the above regulations.
For all new construction the property owner/owners and/or the contractor shall submit to the Town of Plainville Board of Health and the Fire Department plans showing the location of exterior and interior aboveground tank/tanks and the relative position to all of the resource areas listed in § 619-5D of these regulations.
In every case, whoever may be responsible, the owner/owners, operator and/or contractor working on such property, shall assume the responsibility for all costs incurred necessary to comply with this regulation.
Any owner/owners, operator and/or contractor who violates any provisions in regulations 527 CMR 4.01 to 4.08 and 527 CMR 9.00 to 9.08 shall be subject to the penalties provided under MGL c. 148, § 38H, and MGL c. 111, § 31, as amended. Each day during such violation/violations that continue shall constitute a separate offence. Upon request of the Fire Chief or his designee and the Board of Health through its agent, the licensing authority shall take any legal action as may be necessary to enforce the provisions of these regulations.
The Board of Health and the Fire Chief may grant variances from the regulations to the applicant after a hearing. The applicant must establish the following:
Installation of aboveground storage tank/tanks will not adversely affect public or private water resources, water body, vernal pool, stream, river, wetland, well, pond, brook, swamp, marsh and any flood zone.
In granting a variance, the Board of Health will take into consideration the direction of groundwater flow, soil conditions, depth to groundwater, size, shape and slope of lot and existing and known future water supplies.
The effective date of this regulation is October 20, 2004.