This chapter is adopted by the Town under its home rule powers,
its police powers to protect the public health and welfare and its
authorization under MGL C. 40, § 21.
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 with toxic
or hazardous materials.
As used in this chapter, the following terms shall have the
meanings indicated:
TOXIC OR HAZARDOUS MATERIALS
Includes all liquid hydrocarbon products, including but not
limited to gasoline, fuel and diesel oil, and also any other toxic,
caustic or corrosive chemicals, radioactive materials or other substances
controlled as being toxic or hazardous by the Division of Hazardous
Waste under the provisions of Massachusetts General Laws, Chapter
21C.
The following provisions shall apply to all underground liquid
toxic or hazardous material storage systems with capacities of 50
gallons or greater:
A. Owners shall file with the Fire Department the size, type, age and
location of each tank and the type of material stored in each on or
before January 1, 1982. Evidence of date of purchase and installation
shall be included along with a sketch map showing the location of
such tanks on the property. The Fire Department shall notify the Board
of Health of all underground storage systems containing toxic or hazardous
waste materials, including flammable and explosive materials, as regulated
under MGL C.148.
B. Owners of a tank system(s) for which evidence of installation date
is not available shall, at the order of the Board of Health/Fire Department,
as applicable, have such tank system tested. Should the governing
board/department determine that the tank is not product-tight, it
shall be removed.
C. Nonconforming steel tanks installed prior to January 1, 1961, shall
be removed and properly disposed of by June 1, 1982. All other nonconforming
steel tanks installed prior to the effective date of this chapter
shall be tested annually when 20 years old. Certification of testing
shall be submitted to the Fire Department, with a copy sent to the
Board of Health.
D. New installations and replacements are restricted to tanks of Owens/Corning
fiberglass, Buffhide tanks or the equivalent.
E. Tank installations on lots not having a permit prior to adoption
of this chapter are not permitted within four feet of the maximum
high-water table or within 100 feet of a surface water body.
F. Fifteen years after installation, all tanks shall be subject to one
of the following tests conducted in the presence of the Fire Chief
and/or the Board of Health: the five-pounds-per-square-inch air-pressure
test performed on an empty tank or the Kent-Moore pressure test. Twenty
years after installation, all tanks must pass one of these tests annually.
Any tank without evidence of the date of installation shall be required
to be tested annually. Any tank failing either of these tests shall
be immediately replaced with a new tank or immediately repaired or
suitably dismantled or abandoned with its contents removed. Removal,
repair or abandonment shall be done with the approval of the Board
of Health and the Fire Chief or by the issuance of a permit by the
Fire Chief pursuant to Massachusetts General Laws, Chapter 148.
The Board of Health may vary the application of any provision
of this chapter, with the exception of materials regulated pursuant
to Massachusetts General Laws, Chapter 148, in any case when, in its
opinion, the enforcement thereof would do manifest injustice and the
applicant has demonstrated that the same degree of environmental protection
required under this chapter will still be achieved. Requests for such
variance shall be in writing. The applicant must notify all abutters
by certified mail, at his own expense, at least 10 days before the
Board of Health meeting at which the variance request will be considered.
The Board of Health and the Fire Department may charge for expenses
incurred for the enforcement of this chapter.
All discharges of toxic or hazardous materials within the Town
are prohibited.
All spills, leaks or other loss of toxic or hazardous materials
shall be reported to the Board of Health and the Fire Department.
Any person who violates any provision of this chapter shall
be punished by a fine of not more than the maximum allowed by the
state. Each day during which a violation continues shall constitute
a separate offense; if more than one, each condition violated shall
constitute a separate offense.
This chapter may be enforced by the Select Board pursuant to
MGL C. 40, § 21D.