(a)
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.
(b)
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.
(c)
DISCHARGE
FACILITY
HAZARDOUS MATERIALS
REPORTABLE DISCHARGE
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.
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).
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.
(d)
Registration.
1.
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.
2.
Information required.
a.
Registration shall be on a form designated by the Director of Public
Health and shall indicate, at a minimum:
(i)
Name of applicant;
(ii)
Facility address;
(iii)
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;
(iv)
A diagram and description of the general storage or processing
location of each material type within the facility;
(v)
The size, type, age and location of all underground containers
and the type of hazardous material stored in each;
(vi)
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;
(vii)
Any alternate person(s) to contact if the primary
contact is not available and the telephone number of each;
b.
Further information as may be required by the Director of Public
Health to complete registration.
3.
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.
4.
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.
5.
Upon the request of the Director of Public Health, owners or operators
shall produce immediately the latest reconciled inventory.
6.
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.
7.
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.
8.
Emergency information.
a.
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.
b.
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.
(e)
Storage, handling and transportation.
1.
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.
2.
All facilities shall provide adequate employee training programs
to ensure the proper use, storage, transportation and handling of
hazardous materials and/or waste.
3.
All hazardous materials shall be removed by a licensed carrier and
disposed of in accordance with state and federal laws and regulations.
4.
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.
(f)
Aboveground storage.
1.
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.
2.
Hazardous waste accumulation areas must be posted with a sign that
says "hazardous waste."
3.
Labeling. All aboveground storage containers shall be labeled at
a minimum with the following information:
4.
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.
5.
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.
(g)
Underground storage. The following provisions shall apply to all
underground liquid hazardous material storage systems:
1.
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.
2.
Testing and removal.
a.
All underground storage tanks must be tested according to state and
federal regulations. The test methods used must be approved by the
Fire Department.
b.
Any steel, noncontained, underground storage system which is 20 years
or older must be tested on an annual basis or removed.
c.
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.
d.
Certification of testing shall be submitted to the Director of Public
Health and the Fire Chief within seven days of testing.
e.
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.
f.
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.
3.
New installations.
a.
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.
b.
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.
c.
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.
(h)
Enforcement.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
(i)
Fees.
1.
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.
2.
The Director of Public Health may charge for expenses incurred in
the enforcement of this section or any emergency actions necessary.
(j)
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.
(k)
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.
(l)
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.
