This bylaw is adopted by the Town of Foxborough under its home
rule powers, and its authorization under MGL c. 40, § 21.
The purpose of this bylaw is to protect, preserve, and maintain
the existing and potential groundwater supply, groundwater recharge
areas, and surface water within the Town from contamination, and to
protect the public health and welfare.
The provisions of this bylaw shall apply Town wide, except as
specifically noted.
The following definitions shall apply in the interpretation
and implementation of this bylaw:
DISCHARGE
The disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of any hazardous material or any constituent
thereof into or on any land or water so that such material may enter
the environment or be emitted into the air or discharged into waters,
including groundwaters.
FLAMMABLE FLUID
Any fluid which will emit a vapor which can be ignited by
a flame or spark.
HAZARDOUS MATERIAL
A product, waste, or combination of substances which, because
of quantity, concentration, or physical, chemical, or infectious characteristics,
poses a significant hazard to human health or safety if improperly
treated, stored, transported, used, disposed of, or otherwise managed.
Among others, any substance deemed a "hazardous waste" under Massachusetts
General Laws Chapter 21C, as amended, or regulated substances defined
under Subtitle 1, § 9001, of the Resource Conservation and
Recovery Act, as amended, shall be considered a toxic or hazardous
material for purposes of this bylaw.
Within the Water Resource Protection Overlay District (as established
in the Foxborough Zoning Bylaw), the following additional requirements apply:
A. New tanks. As of November 29, 1993, new installation of tanks for
the underground storage of hazardous material is prohibited.
B. Replacement tanks.
(1) Replacement tanks for underground storage must not be of greater
storage capacity than the tanks they replace.
(2) Replacement tanks shall have complete secondary containment, including
piping with overfill detection, monitoring devices and alarms as designed
and certified by a registered professional engineer. Such installation
shall be annually certified as operational to the satisfaction of
the Fire Chief.
C. Herbicides and pesticides. Notice of planned application of herbicides
or pesticides by municipal agencies or commercial contractors must
be provided to the Board of Health at least 14 days prior to application
in order to allow review regarding consistency with the pesticide
label and state pesticide regulations.
[Amended 1-30-2023 STM by Art. 1]
The Select Board may, unless otherwise required by law, vary
the application of any provision of this bylaw in any case when, in
its opinion, the applicant has demonstrated that a degree of environmental
protection equivalent to that required under this bylaw will still
be achieved, and that all other applicable requirements, including
those of 527 CMR 9.00, will be met. The applicant, at his own expense,
must notify all abutters by certified mail at least 14 days before
the hearing at which such variance request will be considered. The
notification shall state the variance sought and the reasons therefor.
The Select Board shall also notify the Water Department, Planning
Board, Fire Chief, and Building Inspector of any variance requested
under this section, for their response in writing. Any variance granted
by the Select Board shall be in writing; any denial of a variance
shall also be in writing and shall contain a brief statement of the
reasons for the denial.
The invalidity of any provisions of this bylaw shall not affect
the validity of the remainder.