[Adopted as amended 2016 (Ch. 730 of the 2002 Bylaws)]
This regulation is adopted by the Town of Greenfield under its
Home Rule powers, its police powers to protect the public health and
welfare and its authorization under the provisions of MGL c, 111,
§§ 31 and 122.
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 designated Water Resource District(s)
of the Town of Greenfield, as identified in 1) the Zoning Ordinance
of the Town of Greenfield or 2) as shown on a plan titled "Water Resource
District(s) 8-8-1985" and as approved and defined by the Board of
Health. Nothing in this regulation shall be construed as inconsistent
with, or in interference with, the authority vested upon the Greenfield
Fire Chief under MGL c. 148, or the rules and regulations adopted
pursuant thereto.
The following definitions shall apply in the interpretation
and implementation of this regulation:
Being out of service for a period in excess of six months,
in the case of a storage facility for which a license is required
under the provisions of MGL c. 148, § 13, or for a period
of 12 months, in the case of any other storage facility.
The Town of Greenfield Board of Health or its designated
agent. The Board of Health may designate as its agent for the purpose
of the administration and/or enforcement of any or all of this regulation
the Director of the Board of Health, head of the Fire Department or
any other Town official that the Board judges to be appropriate.
A district so designated by written and/or plan definition
by a majority vote of the Board of Health at a properly convened meeting.
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 any
waters, including groundwaters.
Any substance or combination of substances which, because
of quantity, concentration or physical, chemical or infectious characteristics,
poses a significant present or potential hazard to water supplies
or to human health if disposed into or on any land or water in the
Town of Greenfield. Any substance deemed a "hazardous waste" under
Section 3001 of the Resource Conservation and Recovery Act of 1976,
as amended, 40 CFR Part 261, shall also be deemed a hazardous material
for the purposes of this regulation.[1]
Any uncontrolled movement, measurable by a testing method
accurate to 0.05 gallon per hour or less, of any hazardous material
out of a tank or its components, or any uncontrolled movement of water
into a tank or its components.
Any structure used, or designed to be used, for the storage
of hazardous materials of any kind.
The Town of Greenfield.
Storage below ground level, but shall not include storage
for heating purposes in a freestanding container within a building.
[1]
Editor's Note: Amended during codification.
A.
Every owner or operator of a commercial or industrial establishment,
including home occupations, storing hazardous materials in quantities
totaling more than 50 gallons liquid volume or 25 pounds dry weight
shall register with the Town Board of Health, on a form so obtained,
the following information:
(1)
Name, address and telephone numbers (day and night) of the owner
or operator.
(2)
Capacity and contents of the tank(s), with a specific description
of the type of hazardous materials being stored.
(3)
The date of installation of the tank, if available.
(4)
The type of tank construction and indication of any leak detection
system in place.
(5)
The depth below ground level of the lowest and highest points of
the tank if the tank is subsurface.
(6)
Description of any previous leaks, including approximate dates, causes,
estimated amounts, and repairs undertaken.
B.
Owners or operators of commercial or industrial establishments who meet the registration requirement of Subsection A shall register initially by January 15, 1987, and annually thereafter within 30 days of January 15 each year. Owners or operators of commercial or industrial establishments who later meet the registration requirement shall register initially within 30 days of meeting such requirements, and thereafter within 30 days of January 15 each year.
C.
In addition to registration, owners or operators of commercial or industrial establishments registered in accordance with Subsections A and B shall maintain, on premises, an inventory, reconciled on a monthly basis, of purchase, sale, use, disposal or discharge of hazardous materials. The purpose of this inventory is to detect any product loss and to provide an ongoing record of all quantities of hazardous materials within the Town over the registration period. If unaccounted-for product loss is discovered in the monthly reconciliation, the owner or operator shall comply with the provisions of § 507-51B below. Accurate daily inventory records required pursuant to MGL c. 148 and 527 CMR 5.05(3)(a) shall suffice for the purposes of this section, and may be submitted under Subsection D below, in accordance with this regulation.
D.
Upon the request of the Board of Health, owners or operators shall
produce within 24 hours the latest reconciled inventory.
E.
Wastes containing hazardous materials shall be held on the premises
in product-tight containers for removal by a licensed carrier for
disposal in accordance with MGL c. 21C, the Hazardous Waste Management
Act.
F.
Surfaces underlying areas where hazardous materials are stored above
ground, or used, transferred or delivered to such tanks, shall be
impermeable to the materials being stored and shall be enclosed by
a permanent dike of impermeable construction.
(1)
At
a minimum, the capabilities of the dike system must be sufficient
to contain 10% of the total volume of the containers or the largest
container, whichever is greater.
(2)
Nothing
in this subsection shall be construed to replace the application of
Chapter 148 dike requirements to tanks licensed pursuant to that chapter
of the General Laws, or licenses under 527 CMR 9.09.
A.
Required information.
(1)
All owners, including but not restricted to owners of buried fuel,
gasoline and diesel fuel storage tanks, shall file with the Board
of Health the following information on a form obtained from the Town
Clerk, if hazardous materials are stored underground in any quantity:
(a)
The size of the tank.
(b)
The type of subsurface tank.
(c)
The type of hazardous material being stored and its quantity.
(d)
The location of each tank on the premises, complete with sketch
map.
(e)
The age of each tank and evidence of the date of installation
and purchase, including any permits, if available.
(2)
Such information shall be filed in the same manner and at the same
times as that information required by § 507-46B above.
(3)
Owners of tanks for which evidence of installation date is not available
shall, at the order of the Board of Health, have such subsurface systems
tested as per Subsection C below. If the Board of Health determines
that the tank is not product-tight, it shall be disposed of under
the direction of that authority. The provisions of this subsection
shall be in addition to the provisions of MGL c. 148 and 527 CMR 10.
(4)
All steel subsurface tanks shall be subject to mandatory testing
15 years after the date of installation, and annually thereafter,
or if evidence of the date of installation is not available and the
Board of Health so determines, in accordance with the standards of
National Fire Protection Association Pamphlet No. 329, Chapter 4-3.10,
or other test of superior or equivalent accuracy. Owners may demonstrate
to the Board of Health that such tests are not appropriate when, after
a showing to the Board of Health of monitoring devices, double -walled
construction, or equivalent safety precautions, the Board of Health
determines that the subsurface tank does not represent a threat to
groundwater or surface water quality. Such waivers shall be required
yearly. Nothing in this section shall be construed to replace or supersede
the testing requirements of MGL c. 148 or 527 CMR 9.00 et seq., as
amended.
(5)
All materials used in the construction of any tank or container shall
be suitable for the purpose, and such tank or container shall be designed
and constructed to withstand any normal stress to which it may be
subjected. Where applicable, tanks shall be constructed in accordance
with MGL c. 148 and 527 CMR 9.00 et seq.
A.
The holder of any license issued for underground storage of any liquid
shall notify the local licensing authority and the head of the Fire
Department whenever provisions of said license cease to be exercised.
Upon notification, the Fire Chief shall prescribe appropriate action
under 527 CMR 10.12(2), as amended, and MGL c. 148.
B.
All other tanks not regulated by MGL c. 148 shall be regulated as
follows:
(1)
To abandon a tank which is located under a building and which cannot
be removed from the ground without first removing the building, the
owner shall promptly notify the Board of Health of this decision and,
subject to the directions of the Board of Health, have all hazardous
materials removed from the tank and the tank filled with sand or other
inert material as prescribed by the authority.
(2)
Except as provided in Subsection B(1), no tank may be abandoned in place. Above-ground tanks shall be disposed of after being emptied of all hazardous materials. Underground storage tanks out of service for a period in excess of 12 months shall be considered abandoned and the tank shall be thereafter emptied of all hazardous materials under the direction of the Board of Health. The product and the tank shall be disposed of at the owner's expense, as directed by that authority.
(3)
The owner of a tank which will be out of service for less than 12
months shall promptly notify the Board of Health of the decision and,
where the tank is subsurface, the materials remaining shall be removed
from the tank and disposed of as per the instructions of that authority
and the tank filled with water.
(4)
If the Board of Health determines that a tank and its components
shall be removed, any removal shall be completed within 90 days after
that authority has notified the owner, in writing, of its decision.
All leaking tanks must be emptied by the owner or operator within
12 hours after detection of the leak and removed by the owner or operator
as per § 507-48B(4) above, or, where applicable, under the
provisions of 527 CMR 9.00 or MGL c. 148.
A.
The Board of Health may vary the application of any provision of
this regulation unless otherwise required by law, and, in any case,
when, in its opinion, the applicant has demonstrated that an equivalent
degree of environmental protection required under this regulation
will still be achieved. The applicant, at his/her own expense, must
notify all abutters by certified mail at least 10 days before the
hearing at which time such variance request shall be considered. The
notification shall state the variance sought and the reasons therefor.
The Board of Health shall also notify the Mayor, Conservation Commission,
Fire Department and Director of Public Works of any variance requested
under this section for their response, in writing. 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.[1]
[1]
Editor's Note: Amended during codification.
B.
Nothing in this section shall be construed to interfere with or replace
the authority of the Fire Chief under MGL c. 148.
A.
All discharges of hazardous materials within the Town are prohibited.
B.
Any person having knowledge of any discharge of hazardous materials
shall immediately report the discharge to the Fire Chief and to the
Police Department. The Police Department shall alert the Board of
Health of the discharge.
C.
The Board of Health or its agents may enter upon privately owned
property for the purpose of performing their duties under this regulation.
D.
Any person who violates any provision of this regulation shall be
punished by a fine of not more than $100. Each day or portion thereof
during which a violation continues shall constitute a separate offense;
if more than one, each condition shall constitute a separate offense.
Upon the request of the Board of Health, the Board of Selectmen shall
take such legal action as is necessary to enforce this regulation.
