Statutory authority. This section is adopted by the Town under its Home Rule powers, its police powers to protect public health and welfare and its authorization under MGL c. 40, § 21.
Purpose. The purpose of this section is to protect, preserve and maintain the environment and the public's health from contamination and exposure to hazardous materials. This includes maintaining the existing and potential groundwater supply, recharge areas and surface waters within the Town from contamination with hazardous materials. This section is not intended to supersede or replace those regulations set forth by the Department of Environmental Protection (DEP), Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA) or any other local, state or federal regulation.
Definitions. The following definitions shall apply in the interpretation and implementation of this section:
- The disposal, deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into any waters, including groundwaters.
- A commercial or industrial establishment, including home businesses, that is registered in accordance with Subsection (d) of this section.
- HAZARDOUS MATERIALS
- A product, waste or combination of substances which, because of its quantity, concentration or physical, chemical, toxic, radioactive or infectious characteristics, poses, in the Director of Public Health's judgment, a substantial present or potential hazard to human health, safety or welfare or the environment when improperly treated, stored, transported, used, disposed of or otherwise managed. Hazardous materials include, without limitation, petroleum products, heavy metals, radioactive or infectious materials and all substances deemed as "toxic" or "hazardous" under MGL c. 21C and c. 21E using the Massachusetts Oil and Hazardous Substance List (as contained in 310 CMR 40.000).
- REPORTABLE DISCHARGE
- The discharge of a reportable quantity (RQ) of a material as defined under the Massachusetts Contingency Plan, 310 CMR 40.000; the threshold quantity above which a spill or release of oil or a hazardous material must be reported to the DEP.
Every owner or operator of a commercial or industrial establishment, including home businesses, storing hazardous materials with a total quantity for all types equal to or exceeding 50 gallons liquid volume or 25 pounds dry weight shall register with the Director of Public Health the types, quantities, locations and method of storage of said hazardous materials. Registration required by this provision shall be immediate and annually thereafter within 30 days of November 1 of each year.
Registration shall be on a form designated by the Director of Public Health and shall indicate, at a minimum:
Name of applicant;
Type of material by hazard class and maximum quantity stored at any point in time of each type of hazardous material stored during the period of registration;
A diagram and description of the general storage or processing location of each material type within the facility;
The size, type, age and location of all underground containers and the type of hazardous material stored in each;
Person to contact in the event of an emergency and telephone number(s) where that person can be contacted. This person must be knowledgeable in the types of hazardous materials used at this establishment, proper storage and handling procedures and emergency response procedures and authorized to act upon such procedures;
Any alternate person(s) to contact if the primary contact is not available and the telephone number of each;
Further information as may be required by the Director of Public Health to complete registration.
Owners or operators of commercial or industrial establishments, who have not previously registered in accordance with Subsection (d)(1) shall, if they meet the registration requirement, register initially within 30 days of meeting such requirements and within 30 days of November 1 each year.
In addition to registration, owners or operators of commercial or industrial establishments registered in accordance with Subsection (d)(1) shall maintain on the premises an inventory, reconciled on a monthly basis, of purchase use, sale and disposal of hazardous materials and/or waste. The purpose of this account is to detect any product loss and to provide an ongoing record of all quantities of hazardous materials within the Town over the registration threshold.
Upon the request of the Director of Public Health, owners or operators shall produce immediately the latest reconciled inventory.
Homeowners with underground storage tanks for home heating fuel (not within the confines of basement or other containment) shall register said tank(s) with the Director of Public Health. No other sections of this section shall apply to homeowners.
In the event that a facility closes, moves to a new location or changes ownership, the owner or operator of the facility shall notify the Director of Public Health of said changes at least 30 days prior to those changes. For those facilities that close, a closure inspection will be performed by the Director of Public Health. For those facilities that move or undergo change of ownership, a new registration form must be completed by the new owner in accordance with Subsection (d) of this section. Existing registration is not transferable between past and future owners and/or operators. Provisions of this section shall not operate to prevent the transfer, sale or change of ownership of a piece of property.
Each facility must keep on file, at a location known and accessible to all emergency response personnel, material safety data sheets (MSDS) on all hazardous materials stored or used at the facility. These data sheets must be available to the Director of Public Health and Fire Department during inspections, investigations or in the event of a hazardous materials emergency.
Each facility must keep on file an emergency response/spill contingency plan at one location known and accessible to all emergency response personnel. This plan must detail the procedures to be used for prevention and control of emergencies, the emergency equipment available on site, outside agencies and organizations which would be notified and/or may provide assistance in an emergency and an evacuation plan for personnel. Plans must be posted in a prominent location and be available for inspection by the Director of Public Health or the Fire Department. Plans must be updated every year.
Storage, handling and transportation.
All hazardous materials and/or waste shall be stored so as to minimize any discharge of said material to ensure maximum protection of the environment and the public health, safety and welfare.
All facilities shall provide adequate employee training programs to ensure the proper use, storage, transportation and handling of hazardous materials and/or waste.
All hazardous materials shall be removed by a licensed carrier and disposed of in accordance with state and federal laws and regulations.
All records pertaining to storage, removal and disposal of hazardous wastes shall be retained for no less than five years and shall be made available for review by the agent or designated representative of the Director of Public Health upon request.
Hazardous materials and/or wastes shall be held on the premises in product tight, approved containers for said materials. All containers shall be stored appropriately according to chemical/toxicity characteristics as outlined by state and federal regulations.
Hazardous waste accumulation areas must be posted with a sign that says "hazardous waste."
Labeling. All aboveground storage containers shall be labeled at a minimum with the following information:
Aboveground containers of hazardous materials and/or waste shall be stored on a surface impervious to the materials and/or wastes being stored. The storage shall not be in a location that would allow spilled material to exit the building via door, drain, sump or otherwise. If these conditions are not met, then secondary containment, as outlined below for outdoor storage, will be required. An outdoor storage area must have secondary containment, such as a berm or dike which will hold any spills or leaks in the following amount: either 10% of the total volume of the containers or 110% of the largest container, whichever is larger.
Owners or operators of delivery trucks or tank trailers containing liquid hazardous materials which are parked overnight on a regular basis must obtain an assignment from the Director of Public Health approving the storage location. The owner or operator must make provisions for detection and containment of spillage from the parked vehicle acceptable to the Director of Public Health.
Underground storage. The following provisions shall apply to all underground liquid hazardous material storage systems:
Owners shall file with the Director of Public Health the size, type, age and location of each tank, leak detection and containment devices and the type of hazardous material stored in each. Evidence of the date of purchase and installation, including the Fire Department permit, if any, shall be included, along with a sketch map showing the exact location of such tanks on the property.
Testing and removal.
All underground storage tanks must be tested according to state and federal regulations. The test methods used must be approved by the Fire Department.
Any steel, noncontained, underground storage system which is 20 years or older must be tested on an annual basis or removed.
Owners of tanks for which evidence of installation is not available shall, at the order of the Director of Public Health, have such tank systems tested. If either the Director of Public Health or the Fire Chief determines that the tank is not product tight, it shall be disposed of under the direction of the Director of Public Health or the Fire Chief according to all state and federal regulations. All leaking tanks must be emptied by the owner or operator within 12 hours of leak detection and removed by the owner or operator in a time period to be determined by the Director of Public Health. Such notification must be immediate to the Fire Chief and Director of Public Health.
Certification of testing shall be submitted to the Director of Public Health and the Fire Chief within seven days of testing.
All underground storage tanks removed must be cleaned and disposed of according to all local, state and federal regulations. A copy of disposal receipt must be submitted to the Director of Public Health within seven days of removal.
All abandoned tanks must be removed with all deliberate speed. An abandoned tank is one taken out of service and/or no longer usable with present business. Any tank which remains unused for six months shall be considered abandoned.
Newly installed tanks shall be protected from internal and external corrosion and shall be of a design approved by the Director of Public Health and the Fire Chief. These must meet all state and federal standards.
Tank installation on lots not having a permit prior to adoption of this section are not permitted within four feet of maximum high water table or within 100 feet of a surface water body or within 400 feet of Great Pond and all Town water supply wells.
Any location which had a storage permit at the time this section was first adopted and which seeks an expansion of that preexisting permit will require a variance of the provisions of this section for the expansion.
Protection. Other than that which is allowed by a permit issued by other local, state and/or federal laws, any discharge of hazardous materials within the Town is prohibited.
Reporting of discharges. Any person having knowledge of a reportable discharge of hazardous materials shall immediately report the discharge to the Director of Public Health, Police and Fire Departments. A reportable discharge in the watershed protection district or involving the sanitary sewer requires immediate notification to the Director of Public Works. Acceptable immediate notification shall be a telephone call with a follow-up report in writing within 24 hours.
Written notices of violation. Any violator of this section shall be notified in writing of said violations by the Director of Public Health. This written notice may specify corrective actions necessary, including containment and cleanup of discharged materials; preventative measures required to avoid future violations; requests for documentation; a compliance schedule and any other action deemed necessary by the Director of Public Health to meet the purpose of this section.
Right of entry. The Director of Public Health and his/her agents may enter upon privately owned property for the purposes of performing their duties under this section.
Penalty. Any person who violates any provision of this section shall be punished by a fine of not more than $200. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This section may be enforced pursuant to MGL c. 40, § 21D, by a Town police officer or other officer having police powers as well as the Director of Public Health. Upon request of the Director of Public Health or the Fire Chief, the Mayor and Town Solicitor may take legal action as may be necessary to enforce this section.
Any person registering storage of hazardous materials pursuant to this section shall pay to the Town of Weymouth an annual registration fee of $30. Such fee shall be due on the same date as the annual registration. Failure to pay the registration fee shall constitute a violation with respect to the penalties provided in Subsection (h)(5) of this section. No fee shall be charged for homeowner underground storage tanks for home heating fuels.
The Director of Public Health may charge for expenses incurred in the enforcement of this section or any emergency actions necessary.
Severability. Each provision of this section shall be construed as separate, to the end that, if any provision or sentence, clause or phrase thereof shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force.
Establishment of rules and regulations. The Director of Public Health shall establish rules and regulations consistent with, and as may be necessary to promulgate a comprehensive code for the safe storage, use and handling of hazardous materials to meet the stated purpose of this section.
Variances. The Director of Public Health may vary the application of any provision of this section, unless otherwise required by law, in any case when, in its opinion, the applicant has demonstrated that an equivalent degree of environmental protection required under this section will still be achieved. The applicant, at his own expense, must notify abutters by certified mail at least 10 days before the Board of Health meeting at which the variance request will be considered. The notification shall state the variance sought and the reasons therefor. Any variance granted by the Board of Health 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.