[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.
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.
A.
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.
B.
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.
C.
During the removal of all underground storage utilities, the owner/owners/operator
and/or contractor shall notify the Fire Department and Board of Health.
D.
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.
E.
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.
A.
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.
B.
527 CMR 4.04(c) now requires that all new delivery lines are encased
in a nonmetallic protective sleeve.
C.
Interior tanks shall be installed so that any basement flooding will
not deteriorate or compromise the integrity of the tank.
D.
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.[1]
[1]
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.
A.
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.
B.
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.
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:
A.
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.
B.
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.
