[HISTORY: Adopted by the Board of Health of the Town of Nantucket 8-22-1990, effective 8-24-1990. Amendments
noted where applicable.[1]]
TOWN CODE REFERENCES
Underground fuel storage tanks — See Ch. 135.
TOWN REGULATIONS REFERENCES
Administration and enforcement of Board of Health regulations; definitions — See Ch. 223.
Fertilizer — See Ch. 252.
Septic systems — See Ch. 327.
Underground tanks — See Ch. 363.
Wellhead protection district — See Ch. 382.
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
These regulations are intended to protect the public health
and general welfare by ensuring that storage and handling of toxic
and hazardous materials are regulated in a manner which will protect
the quality of the groundwater on Nantucket Island.
The storage and handling of toxic/hazardous materials in the
Town of Nantucket represents a potentially serious threat to groundwater
quality. The current business and commercial areas, some of which
are located in the recharge areas for the public wells and the drainage
areas to surface waters, present a threat to water quality. The Town
of Nantucket finds that:
A.
The groundwater underlying this Island is the sole source of its
existing and future water supply, including drinking water.
B.
The groundwater aquifer is integrally connected with, and flows into,
the surface water, lakes, streams and marshes which constitute significant
recreational and economic resources of the Island used for water-related
recreation, fishing and shellfishing.
C.
Accidental spills and discharges of petroleum products and other
toxic and hazardous materials will likely occur by reason of increasing
construction, commercial and industrial development, population and
vehicular traffic on the Island of Nantucket.
As used in these regulations, the following terms shall have
the meanings indicated:
The accidental, negligent or intentional spilling, leaking,
pumping, pouring, emitting, emptying, dumping or other disposing of
toxic or hazardous material upon or into any land or water on the
Island of Nantucket. 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 sewage disposal system,
dry well, catch basin or landfill.
The term "discharge," as used and applied in this regulation,
does not include the following:
Proper disposal of any material in a sanitary or industrial
landfill that has received and maintained all necessary legal approvals
for that purpose;
Application of fertilizers and pesticides in accordance with
label recommendations and with regulations of the Massachusetts Pesticide
Board;
Application of road salts in conformance with the Snow and Ice
Control Program of the Massachusetts Department of Transportation;
and
Disposal of sanitary sewage to subsurface sewage disposal systems
as defined and permitted by Title 5 of the Massachusetts Environmental
Code and the Town of Nantucket Board of Health regulations.
In the case of a vessel, any person owning, operating or
chartering by demise such vessel; in the case of a site, any person
owning or operating or in possession of such site; and in the case
of an abandoned site, any person who owned, operated, or otherwise
controlled activities at such site immediately prior to such abandonment.
The term shall not include a person who, without participating in
the management of a vessel or site, holds indicia of ownership primarily
to protect his/her security interest in said vessel or site.
Any agency or political subdivision of the federal government
or the commonwealth, any state, public or private corporation or authority,
individual, trust, firm, joint-stock company, partnership, association,
or other entity, and any officer, employee, or agent of such person,
and any group of persons.
Any substance or mixture of such physical, chemical, or infectious
characteristics as to pose a significant actual or potential hazard
to water supplies or other hazard to human health, if such substance
or mixture were discharged on this Island. "Toxic or hazardous materials"
include, without limitation, organic chemicals, petroleum products,
heavy metals, radioactive or infectious wastes, acids and alkalides;
and include products such as pesticides, herbicides, solvents and
thinners. The following activities, without limitation, are presumed
to involve the use of toxic or hazardous materials, unless and except
to the extent that anyone engaging in such an activity can demonstrate
the contrary to the satisfaction of the Board of Health:
Airplane, boat and motor vehicle service and repair.
Boat manufacturing.
Chemical and bacteriological laboratory operation.
Cabinet making.
Dry cleaning.
Electronic circuit assembly.
Metal plating, finishing and polishing.
Motor and machinery service and assembly.
Painting, wood preserving and furniture stripping.
Pesticide and herbicide application.
Photographic processing.
Printing.
The Board of Health may, consistent with this definition, and
by authority of MGL c. 111, § 31, issue regulations further
identifying specific materials and activities involving the use of
materials which are toxic or hazardous.
A.
The discharge of toxic or hazardous materials by any person on the
Island of Nantucket is prohibited.
B.
Outdoor storage of toxic or hazardous materials by any person is prohibited, except in product-tight containers which are protected from the elements, leakage, accidental negligent or intentional damage and vandalism, and which are stored in accordance with all applicable requirements of § 371-6 of this regulation. For purposes of this subsection, road salts and fertilizer shall be considered as hazardous materials.
A.
Except
as exempted below, every owner and every operator of a facility at
which toxic or hazardous materials are stored in quantities totaling
at any time more than 25 gallons liquid volume or 50 pounds dry weight
shall register with the agent of the Board of Health the types and
quantities of materials stored, location and method of storage. The
Board of Health or its agent may require an inventory of such materials
to be maintained on the premises and be reconciled with purchase,
use, sales and disposal records on a monthly basis, in order to detect
any product loss. Registration required by this subsection shall be
submitted within 60 days of the effective day of this regulation,
and annually thereafter. Maintenance and reconciliation of inventories
shall begin with the same sixty-day period.
B.
Exemptions.
Registration and inventory requirements shall not apply to the following:
Containers of toxic or hazardous materials for commercial uses
are required to be stored on or above an impervious, chemically resistant
surface compatible with the material being stored, and owners are
required to make provisions to properly contain the product in the
case of accidental spillage. For commercial uses existing prior to
the effective date of this regulation, August 24, 1990, the Board
of Health or its agent may require or waive such compliance to the
extent permitted by the General Laws.
Every person having knowledge of a spill, leak or other loss
of toxic or hazardous materials believed to be in excess of 10 gallons
shall immediately report the spill or loss of same to the Board of
Health or other public safety official.
A.
The provisions of this regulation shall be enforced by the agent
of the Board of Health. The agent of the Board of Health may, to the
extent permitted by law, enter upon any premises at any reasonable
time to inspect for compliance.
B.
Upon request of the agent of the Board of Health, the owner or operator
of any premises at which toxic or hazardous materials are used or
stored shall furnish all information required to enforce and monitor
compliance with this regulation, including a complete list of all
chemicals, pesticides, fuels, and other toxic or hazardous materials
used or stored on the premises, a description of measures taken to
protect storage containers from vandalism, corrosion and spillage
and the means of disposal of all toxic or hazardous wastes produced
on the site. A sample of wastewater disposed to on-site septic systems,
dry wells or sewage treatment systems may be required by the agent
of the Board of Health.
C.
All records pertaining to storage, removal and disposal of toxic
or hazardous materials shall be retained by the owner or operator
for no less than three years, and shall be made available for review
upon the request of the agent of the Board of Health.
D.
Certification of conformance with the requirements of this regulation
by the agent of the Board of Health shall be required prior to issuance
of construction and occupancy permits for any nonresidential uses.
B.
Written notice of any violation of this regulation shall be given
to the owner and operator by the agent of the Board of Health, specifying
the nature of the violation, any corrective measures that must be
undertaken, including containment and cleanup of discharged materials,
any preventive measures required for avoiding future violations and
for a schedule of compliance. Requirements specified in such a notice
shall be reasonable in relation to the public health hazards involved
and the difficulty of compliance. The cost of containment and cleanup
shall be borne by the owner and operator of the premises.
The penalty for failure to comply with any provisions of this regulation shall be $200 per day of violation, after notice thereof under § 371-10B.
