The Town of Erving adopts the following measures under its home rule powers, its police powers to protect the public health and welfare, and its authority under MGL c. 40, § 21.
[HISTORY: Adopted by the Town Meeting of the Town of Erving as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1991 ATM by Art. 32]
The purpose of this bylaw is to ensure the public health and safety of the residents of Erving, their air, and water supplies. In particular, the Town seeks to ensure that discharges of hazardous materials which may contaminate our environment and present health risks do not occur, and that if they do, timely notice of such discharge is taken and remedial action pursued.
As used in this bylaw, the following terms shall have the meanings indicated:
The spilling, leaking, pumping, emitting, or dumping of toxic or hazardous materials upon or into any land, air, or water of the Town of Erving.
Any chemical substance or mixture of substances which is listed in the Massachusetts substance list compiled in compliance with the provisions of the state Right to Know Law, MGL c. 111F, § 4, and which is manufactured, processed, used or stored in the workplace, but which shall not include alcoholic beverages, or articles intended for personal consumption by employees in the workplace, or consumer articles packaged for distribution to, and used by, the general public, or articles sold or used in retail food establishments and all other retail trade establishments, exclusive of articles used in processing and repair areas, or substances being transported in interstate commerce.
Within four hours.
The discharge of hazardous materials within the Town of Erving is prohibited, with the following exceptions:
A.
Disposal of sanitary sewage to subsurface sewage disposal systems approved under Title V of the Massachusetts Environmental Code.
B.
Application of fertilizers and pesticides in accordance with label recommendations and with regulations of the Massachusetts Pesticide Board.
C.
Application of road salts or other de-icing chemicals, provided that such use is minimized and consistent with public highway safety standards.
D.
Proper disposal of acceptable materials at a facility or site which has received and maintained all legal approvals as specified in the Massachusetts Hazardous Waste Management Act, MGL c. 21C, § 7, or for household hazardous wastes and materials, disposal at a designated household hazardous waste collection site.
A.
Any person, firm, corporation or organization handling hazardous material in the Town shall make appropriate filings with the state and Town. All filings of Material Safety Data Sheets (MSDS) under the Massachusetts Right to Know Law shall also be filed with the Erving Town Clerk's office within 15 days of such filings. A copy of those filings shall be forwarded to the Fire Department.
[Amended 8-28-2024 STM by Art. 2]
B.
Any person possessing more than 25 gallons or 25 pounds of any type of hazardous material listed on the state Right to Know Law list, MGL c. 111F, § 4, for more than one week must notify the Erving Town Clerk's office and disclose the type and amount of hazardous material. A copy of those filings shall be forwarded to the Fire Department.
C.
The Fire Department may require that an inventory of hazardous materials be maintained on the premises and be reconciled with purchase, use, sales, and disposal records on a monthly basis.
D.
Hazardous materials shall be stored in product-tight storage containers, where possible, and shall be removed and disposed of in accordance with the Massachusetts Hazardous Waste Management Act, MGL c. 21C.
E.
Any container of more than 10 gallons of hazardous material must be stored on an impervious, chemical-resistant surface, and the storage area must be enclosed with an impermeable dike or within an impermeable basement. The containers must be protected from weather, vandalism, corrosion, and leakage.
[Amended 8-28-2024 STM by Art. 2]
Any person who is aware of any spill, leak, or loss of a toxic or hazardous material shall report such spill, leak, or loss immediately to the Fire Department and the Board of Health and the appropriate state agency as required by MGL and/or CMR.
A.
The Town or its agents may, in compliance with the law, enter upon property for the purpose of performing their duties under this bylaw.
B.
Any person who knowingly violates any provision of this bylaw five days after receiving written notification of such violation may be punished by a fine of not more than $300. 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.
In every case, the owner shall assume responsibility for costs incurred necessary to comply with this bylaw. The owner shall be responsible for all costs of recovering and properly disposing of any hazardous material that has discharged and for all costs of restoring the environment, including groundwater and surface water to an acceptable condition.
In the event that any provision of this bylaw shall be deemed invalid, unreasonable, or unenforceable by any court of competent jurisdiction, such provision shall be stricken from the bylaw or modified so as to render it reasonable, and the remaining provisions shall continue in full force and effect and be binding so long as such remaining or modified provisions reflect the intent of the parties and are valid under existing state law.