[HISTORY: Adopted by the Town Meeting of the Town of Cohasset
as Art. XIII of the 1988 General Bylaws; amended 8-17-2001. Subsequent amendments noted where applicable.]
The purpose of this chapter 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 following definitions shall apply in the interpretation
and implementation of this chapter:
Public or private establishment where the principal use is
the supply, sale, and/or manufacture of services, products, or information,
including but not limited to manufacturing, processing, or other industrial
operations; wholesale establishments; service or retail establishments;
printing or publishing establishments; research and development facilities;
small quantity or very small quantity generators of hazardous waste
as defined by the Department; laboratories; hospitals; schools. This
definition shall specifically include, but not be limited to, all
vehicle body work or repair facilities, machine shops, dry cleaners,
photo-processing labs, funeral homes, and furniture strippers.
The Massachusetts Department of Environmental Protection.
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, incineration, or placing of toxic or hazardous
material upon or into any land or water so that such hazardous material
or any constituent thereof may enter the air, land, or waters of the
commonwealth. "Discharge" includes, without limitation, leakage of
such materials from failed or discarded containers or storage systems
and disposal of such materials into any on-site leaching structure
or sewage disposal system.
Any fluid which will emit a vapor which can be ignited by
a flame or spark.
A product, waste or combination of substances which because
of its quantity, concentration, or physical, chemical, toxic, radioactive
or infectious characteristics may reasonably pose a significant, actual,
or potential hazard to human health, safety, welfare, or the environment
when improperly treated, stored, transported, used, disposed of, or
otherwise managed. Hazardous materials include, without limitation,
synthetic organic chemicals, petroleum products, heavy metals, radioactive
or infectious materials, and all substances defined as "toxic" or
"hazardous" under Massachusetts General Laws (MGL) Chapters 21C and
21E using the Massachusetts Oil and Hazardous Material List (in 310
CMR 40.0000).
Information sheets, available by law from the manufacturer,
containing data on physical characteristics, flammability, explosivity,
reactivity, and the health and safety hazards of specific chemicals,
as well as information relative to procedures recommended for spills
and leaks of specific chemicals and special protection and precautions
to be taken in the handling of specific chemicals.
The quantity of oil or hazardous material the release of
which, or threat of release of which, requires notification to the
Department under MGL c. 21E, § 7, and/or 310 CMR 40.0350
through 310 CMR 40.0352.
The handling, generation, treatment, storage, or management
of hazardous materials.
A.
Registration.
(1)
Anyone storing hazardous materials in quantities totaling more than
25 pounds dry weight or 50 gallons liquid shall register with the
Board of Public Health the types, quantities, location, and methods
of storage of said hazardous materials. Registration required by this
provision shall be initially submitted by July 1, 1986, and annually
thereafter within 30 days of July 1 each year.
[Amended 5-24-2021 ATM by Art. 28]
(2)
Any owners or operators of commercial, industrial or municipal establishments,
including home occupations and agriculture, meeting the registration
requirement for the first time subsequent to July 1, 1986, shall register
initially within 30 days of meeting such requirements and thereafter
within 30 days of July 1, each year.
(3)
Copies of registration information shall be regularly forwarded by
the Board of Public Health to the Fire Department.
[Amended 5-24-2021 ATM by Art. 28]
(4)
The Health Agent shall maintain and make available a listing of materials
deemed to be hazardous.
(5)
Registration requirements. The following information must be submitted
as part of the registration process:
(a)
A map or drawing locating areas where hazardous materials are
stored, handled, and/or in use. The map shall be drawn to scale, on
paper eight inches by 11 inches (or an as-built plan of the facility
may be substituted), with a North arrow and names of bordering streets
clearly noted. If storage occurs both indoors and outdoors, a map
for each of the indoor and outdoor storage areas shall be submitted.
Areas in which emergency equipment such as spill kits and medical
supplies are kept must also be identified on the map, and submitted
to the Board of Public Health as well as the Fire Department.
[Amended 5-24-2021 ATM by Art. 28]
(b)
A written description shall accompany the map and specify: product
names (chemical names or types may be substituted here); MSDS sheets
for each product; quantities of materials in each location; the type
of storage container (e.g., fifty-five-gallon drum, underground storage
tank); and anticipated on-site additions, for the subject registration
period, of hazardous materials meeting the threshold quantity noted
above.
(c)
Information pertaining to the disposal of hazardous wastes:
hazardous waste generator ID number, name of the hazardous waste transporter(s),
and methods of handling spills of a volume under the reportable quantity
(as defined in this chapter). Facilities without an ID number may
contact the Department at 1-800-343-3420 to obtain one.
(6)
Updating of registration.
(a)
If, during or after the registration period, a change in ownership
and/or occupancy of a business occurs, an updated registration must
be submitted to the Board of Public Health within 30 days. Registration
is not transferable between past and future owners of a business and/or
occupants of a premises.
[Amended 5-24-2021 ATM by Art. 28]
(b)
If any of the following activities occur during or after the
registration period, the corresponding information in the business'
registration package shall be highlighted and corrected at the time
of re-registration:
[1]
Remodeling, operating changes, or expansion of an existing facility
which would modify the type or quantity of hazardous materials managed;
[2]
Changes in the location or method of use, storage, manufacture
or handling of hazardous materials in any facility; and/or
[3]
Addition of new hazardous materials meeting the threshold quantity
listed above which are not anticipated in the registration.
(7)
Facility closure. In the event that a facility permanently ceases
operations during the subject registration period, the owner or operator
of the facility shall notify the Board of Public Health of said closure
at least 30 days before the closure.
[Amended 5-24-2021 ATM by Art. 28]
B.
Inventory.
(1)
In addition to registration, owners or operators of commercial, industrial, or municipal establishments, including home occupations and agriculture, registered in accordance with Subsection A(1) or (2) above shall maintain on the premises an inventory, reconciled on a monthly basis, of purchase, sale, use and disposal 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.
(2)
Owners or operators shall produce the latest reconciled inventory
within 24 hours of request by the Health Agent.
(3)
Storage of flammable fluids may also be subject to inventory control
under 527 CMR 1.00, Massachusetts Comprehensive Fire Safety Code.
[Amended 4-30-2018 ATM
by Art. 18]
C.
Aboveground storage.
(1)
Wastes containing hazardous materials shall be held on the premises
in product-tight containers for removal by a licensed carrier and
for disposal in accordance with MGL c. 21C.
(2)
Aboveground containers of hazardous materials stored by anyone registered in accordance with Subsection A(1) and (2) shall be stored on a surface impervious to the material being stored. The storage area shall be enclosed by a dike of impermeable construction, with provisions for rainwater shelter or removal. The volume of the area enclosed by the dike shall be equal to or greater than 120% of the capacity of the containers within the dike.
D.
Existing underground storage tanks. Owners of every underground storage
facility, including home heating oil storage tanks, that have been
installed prior to the effective date of this bylaw shall provide
the Board of Public Health the following information by July 1, 1986:
[Amended 5-24-2021 ATM by Art. 28]
(1)
Name, address and telephone number (day and night) of the owner;
(2)
Name, address and telephone number (day and night) of the operator;
(3)
The number of tanks on the property and the capacity and contents
of each tank;
(4)
Evidence of the date of purchase and installation of each tank, including
license and Fire Department permit, if any;
(5)
Sketch map showing the location of all tanks on the property.
E.
New or replacement underground tanks. The following provisions apply
to new or replacement underground tanks:
(1)
All new and replacement tanks shall be designed and constructed to
minimize the risk of corrosion and leakage, and shall comply with
the provisions of 527 CMR 1.00, Massachusetts Comprehensive Fire Safety
Code, whether storing flammable fluids or not.
[Amended 4-30-2018 ATM
by Art. 18]
(2)
The Board of Public Health or, if having jurisdiction, the Fire Chief
may prohibit placement or replacement of a tank or approve it subject
to conditions if a determination is made that placement or replacement
constitutes a danger to a public or private water supply, by reason
of its proximity to any public or private well, groundwater supply,
groundwater recharge area, or body of surface water or for any other
reason.
[Amended 5-24-2021 ATM by Art. 28]
F.
Testing and defects.
(1)
All tanks shall be subject to tests conducted at the owner's expense
at installation, 10 years after installation, 15 years after installation,
and annually thereafter. The test shall be one approved by the Health
Agent, shall meet National Fire Prevention Association Pamphlet 329
criteria for better than 0.05 gallon per hour accuracy, and shall
comply with 527 CMR 1.00 as amended.
[Amended 4-30-2018 ATM
by Art. 18]
(2)
Owners of tanks for which evidence of installation date is not available shall, at the order of the Health Agent, have such systems tested annually in accordance with Subsection F(1).
(3)
If the Health Agent determines that the tank is not product-tight,
it shall be disposed of under his direction or, if involving flammable
liquids, under direction of the Fire Chief.
(4)
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 period of time not longer than that determined by the Health Agent
or, if having jurisdiction, the Fire Chief. Repair of known leaking
tanks shall not be permitted.
G.
Abandonment of tanks.
[Amended 4-30-2018 ATM
by Art. 18; amended 5-24-2021 ATM by Art. 28]
(1)
Except as provided in Subsection G(2) below, no tank may be abandoned in place. Aboveground tanks shall be disposed of after being emptied of all products. Any underground storage tank out of service for a period in excess of six months shall be considered abandoned. Any tank taken out of service (even temporarily) shall be emptied of all hazardous materials under the direction of the Fire Chief if involving flammable liquids, and otherwise under direction of the Board of Public Health. The product and tank shall be disposed of at the owner's expense as directed by the official directing removal.
(2)
If the owner of a tank used for storage of nonflammable materials,
which is located under a building and which cannot be removed from
the ground without first removing the building, decides to abandon
it, the owner shall promptly notify the Fire Chief and the Board of
Public Health of this decision and, subject to the directions of the Board
of Public Health, have all the hazardous materials removed from the
tank and the tank filled with sand or other inert material, prescribed
by the Board of Public Health.
(3)
The owner of a tank which will be out of service for less than six months shall promptly give notice of the decision to the Fire Chief, if involving flammable liquids, or otherwise to the Board of Public Health, and, where the tank is subsurface, the materials remaining shall be removed from the tank and disposed of as directed and the tank filed with water or an inert gas, as directed; provided, however, that nothing contained in Subsection G(1) through (3) shall pertain to the seasonal use of heating oils.
Within the Water Resource District as defined in Article 14 of the Cohasset Zoning Bylaw the following additional requirements shall apply:
A.
New tanks. As of July 1, 1986, new installation of tanks for the
underground storage of hazardous materials is prohibited.
B.
Replacement tanks.
(1)
Replacement tanks for underground storage most 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 Board of Public Health.
[Amended 5-24-2021 ATM by Art. 28]
C.
Herbicides and pesticides. Notice of planned routine application
of herbicides or pesticides by the Town of Cohasset or commercial
contractors must be provided to the Board of Public Health at least
seven days prior to application in order to allow review regarding
consistency with the pesticide label and state pesticide regulations.
[Amended 5-24-2021 ATM by Art. 28]
A.
The following materials, activities, and facilities are not within
the scope of authority of this bylaw:
(1)
Household waste including garbage, trash, and domestic sanitary sewage.
(2)
Wastes generated from the growing of agricultural crops and the raising
of animals, including manure which is returned to the soil as fertilizer.
(3)
The labeling of hazardous materials which are or will be exposed
for sale at retail establishments.
(4)
Treatment, storage, and disposal facilities as defined by 310 CMR
30.000.
(5)
Large quantity generators of hazardous wastes as defined by 310 CMR
30.000.
(6)
Facilities that file Tier II reports as defined by SARA Title III.
B.
The Board of Public Health 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 chapter will still
be achieved, and that all other applicable requirements, including
those contained in 527 CMR 1.00 as amended, 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 Board of Public Health 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 Board of Public 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.
[Amended 4-30-2018 ATM
by Art. 18; 5-24-2021 ATM by Art. 28]
C.
No provision of this bylaw shall be construed as superseding the
authority of the Conservation Commission pursuant to Massachusetts
General Laws or the General Bylaws.
Other than that which is allowed by other local, state, or federal
laws, regulations, and/or permits, the discharge of hazardous materials
within the limits of the Water Resource District is prohibited. This
prohibition includes, but is not limited to, discharges of hazardous
materials to exposed and unsaturated soils, wetlands, surface water
resources, groundwater, sanitary sewers, storm drains, floor drains
and sinks which discharge to the environment, and septic systems.
A.
The owner or operator of a facility where a hazardous material has
been discharged into the Water Resource District shall immediately
report the discharge to the Fire Department, which shall notify the
Health Agent and the Water Department.
B.
The sale and/or use of septic system additives or cleaners not specifically
allowed by the Department (310 CMR 15.027 and 15.028) is prohibited.
C.
The installation of new underground storage containers for hazardous
materials other than for gasoline or for chemicals used in the treatment
of a public drinking water source is prohibited.
A.
Notification. In the case of a spill and/or loss of hazardous material
at or above the reportable quantity, the owner/operator must immediately
report the spill or loss to the Fire Department. Notification to the
Board of Public Health shall occur within 24 hours of the spill. Notification
to the Department's Emergency Response Section shall be made in accordance
with 310 CMR 40.0000.
[Amended 5-24-2021 ATM by Art. 28]
B.
Planning. The following precautions shall be taken by all facilities
subject to the registration requirements set forth above:
(1)
The map and written description specified above must also be posted
at one of the following on-site locations: guard shack, fire alarm
box, sprinkler riser, or other location acceptable to the head of
the Fire Department. The location of this posting must be specified
during registration.
(2)
MSDS sheets must be kept on file at all times at an on-site location,
and must be readily available during routine inspections and in the
event of an emergency.
(3)
Facilities shall provide adequate and reasonable employee training
programs to ensure the proper use, storage, transportation and handling
of hazardous materials.
(4)
Facilities shall provide emergency spill containment kits on site
and in accessible areas, and all employees shall be trained in their
use.
Each provision of this bylaw 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 and effect.
[Amended 5-24-2021 ATM by Art. 28]
A.
The Board of Public Health or its agents may enter upon privately
owned property for the purpose of performing their duties under this
bylaw.
B.
Any person who fails to comply with provisions of this bylaw shall
be punished by a fine of $300. Each day's failure to comply with the
provisions of this regulation shall constitute a separate violation.
Upon the request of the Board of Public Health, the Board of Selectmen
shall take such legal action as is necessary to enforce this bylaw.
This bylaw may be enforced pursuant to the noncriminal disposition
statute, MGL c. 40, § 21D.
