[Adopted 10-7-2024 by Order No. 2024-089]
A. 
The City of Quincy adopts the following measures pursuant to its police powers to protect the public health and welfare, its authority under MGL c. 40, § 21, and consistent with the federal mandates contained in the Emergency Planning and Community Right-to-Know Act (EPCRA). The federal law known as EPCRA established emergency planning and reporting requirements for industries and local governments with respect to hazardous and toxic chemicals. These federal reporting requirements apply to any facility that is required by the Occupational Safety and Health Administration (OSHA) to prepare a Material Safety Data Sheet (MSDS) for any chemical that is present on-site for one or more days in a calendar year and when the quantity of such chemical is equal to or greater than the following threshold limits established by the federal Environmental Protection Agency (EPA).
(1) 
10,000 pounds (4,500 kg) of hazardous chemicals.
(2) 
500 pounds (230 kg) or lesser threshold planning quantity for extremely hazardous substances (EHS).
B. 
The City adopts the following measures pursuant to the mandates described in § 175-26. Facilities within the City of Quincy that are subject to the reporting requirements described in this section shall annually submit Hazardous Chemical Inventory (Tier II) reports prior to March 1 to the City of Quincy Local Emergency Planning Committee (LEPC), the Quincy Fire Department, and the Massachusetts State Emergency Response Commission (SERC).
A. 
Enforcement agencies. City of Quincy Fire Department (QFD), and Quincy Emergency Management Department (EMD).
B. 
Other terms.
AUTHORITIES HAVING JURISDICTION (AHJ)
Authorities having jurisdiction for purposes of Article VI and its provisions consist of the City of Quincy's Fire Department, Emergency Management, police, and public safety officials with response jurisdiction over facilities possessing hazardous chemicals or materials.
EXTREMELY HAZARDOUS MATERIAL
A material which is extremely toxic or reactive. Facilities may obtain a list of extremely hazardous substances from the U.S. Environmental Protection website. That website may be accessed on the City of Quincy's Emergency Management Department website.
HAZARDOUS MATERIAL
One or more of the following:
(1) 
A product or waste or combination of substances which, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a present or potential hazard to human health, safety, or welfare, or the environment when improperly treated, stored, transported, used, or disposed of or otherwise managed.
(2) 
Any material regulated under 310 CMR 30.122; 310 CMR 30.123; 310 CMR 30.124; 310 CMR 30.125; 310 CMR 30.131; 310 CMR 30.132; and 310 CMR 30.160 of the Massachusetts Department of Environmental Protection Hazardous Waste Regulations.
(3) 
Any material, waste, product, or substance which has one or more of the following characteristics:
(a) 
Ignitable: easily catches fire, with a flashpoint of less than 140° F;
(b) 
Corrosive: easily corrodes certain materials, very acidic or alkaline, the pH is less than or equal to 2.0 or greater than or equal to 12.5;
(c) 
Reactive: explosive, produces toxic gases when mixed with water or acids;
(d) 
Toxic: poisonous.
MATERIAL SAFETY DATA SHEET (MSDS)
The form containing data regarding physical characteristics, flammability, reactivity, toxicity, health and safety hazards of specific chemicals, and information relative to procedures recommended for spills and leaks of specific chemicals and specialized precautions to be taken during handling of specific chemicals.
RELEASE
The accidental or intentional spilling, leaking, pumping, discharging, pouring, emitting, emptying, or dumping of any toxic or hazardous material or substance upon or into any land, air, or waters within the City of Quincy or into the coastal waters of the City. Release includes, without limitations, leakage of such materials from failed or discarded containers or storage systems, or disposal of such materials into any sewage disposal system, dry well, catch basin, unapproved hazardous waste landfill, or any other discharge of toxic or hazardous materials into the environment. The term "release" as used in this chapter does not apply to the proper disposal of material or substances in accordance with the laws and regulations of the Commonwealth of Massachusetts.
Facility owners and operators in possession of reportable quantities of hazardous materials within the City are required to register with the City of Quincy's Emergency Management Department (EMD) and to pay a registration fee to the EMD. Facility owners/operators shall be billed annual registration fees based on federally mandated Hazardous Chemical (Tier II) reporting. Owners and operators may be fined for failure to make registration fee payments, for failing to report on-site hazardous chemicals, or for safety violations connected to storage of hazardous chemicals.
A. 
Annual registration fees shall be $150 per reportable chemical and $300 per extremely hazardous (EHS) chemical. Facilities that possess an amount equal to or greater than 1,000,000 pounds or gallons of any one chemical shall pay an annual registration fee of $1,000 per chemical equal to or greater than 1,000,000 pounds up to a maximum total of $10,000 in annual registration fees for all on-site chemicals per company/facility per year. Owners/operators shall be billed annually by the City on June 1 for the yearly fees based on that year's submitted Hazardous Chemical Inventory Reports (Tier II) due to the state and City no later than March 1.
B. 
Registration fees shall be billed to each facility by the EMD annually based on annual Tier II reporting no later than June 1, and payment shall be due prior to August 1. For calendar year 2024 billing will occur not later than August 1 and payment will be due no later than October 1. Companies that fail to pay registration fees prior to August 1 may be fined up to $300 per day for each on-site reported chemical for which registration fees are overdue.
A. 
Any facility, company, or resident found to possess any on-site EPCRA reportable hazardous chemical not reported as required by law before March 1 annually may be fined up to $300 per day for each on-site chemical.
B. 
Facilities that experience any changes during the Tier II reporting year after reports are submitted that affect emergency planning, such as the elimination or addition of a chemical, the reporting quantity on hand, or changes of ownership, must update their Tier II reports to the Quincy Fire Department and the City of Quincy LEPC and within 30 days. Facilities that are found to violate this reporting policy may be fined up to $300 per day for each on-site chemical not reported.
C. 
Per 42 U.S.C. § 11022(f), the authorities having jurisdiction (AHJ) within the City of Quincy - specifically: City public safety, Fire, Police and Emergency Management Department officials with response jurisdiction over facilities possessing hazardous chemicals - are authorized to conduct no notice on-site inspections at any reasonable time to ensure that hazardous chemicals are being reported, as required, and are also being stored and maintained safely.
D. 
Facilities that are found to be failing to store or maintain hazardous chemicals safely as determined by the authorities having jurisdiction (AHJ) may be fined up to $300 per safety violation and may be ordered to cease operations until conditions are deemed safe as determined by the AHJ.
E. 
Any facility in possession of an extremely hazardous substance (EHS) that fails to maintain an on-site emergency response plan (ERP), appoint a facility emergency coordinator, and submit that information to the City of Quincy LEPC as required by EPCRA law (Section 303)[1] may be fined up to $300 for each violation and/or may be ordered to cease operations by the authorities having jurisdiction (AHJ).
[1]
Editor's Note: See 42 U.S.C. § 11003.
F. 
Fees and fines collected through this article will be submitted into the Emergency Management revolving account established by the City and will be utilized for expenses related to City-wide emergency planning, response, and training, as determined by the Emergency Management Director.
The Emergency Management Department shall be authorized to utilize for enforcement of the provisions of this chapter the non-criminal disposition procedure set forth in MGL c. 40, § 21D.
MGL c. 21E states that "any person or agency that undertakes a necessary and appropriate response action regarding the release or threat of a release of oil, gasoline or a hazardous material shall be entitled to reimbursement from any other person or company liable for such release or threat of a release."
A. 
Any facility, owner, or operator in the City of Quincy that experiences a release of oil, gasoline, or any other hazardous material within the City or waterways shall be responsible for reimbursement payment of all expenses incurred by the City of Quincy during the response and mitigation of the incident.
B. 
Expenses due will be billed and payable within 30 days to the Emergency Management Department. Fees will be based on the yearly published FEMA schedule of equipment rates for response apparatus equipment, the cost of any utilized materials, and City-set payment rates for response personnel required to mitigate the incident.
C. 
All fees/fines collected through this article related to the storage, possession, or spill/release of hazardous materials will be deposited into the Emergency Management Department revolving account and will be utilized for expenses related to emergency planning, equipment, and training for City emergency response personnel, as determined by the Emergency Management Director.
D. 
All assessments for expense reimbursement shall be directly proportionate to actual costs incurred by City agencies.
The provisions of this chapter shall be enforced by the Fire and Emergency Management Departments of the City of Quincy. Members of the City's Fire and Emergency Management Departments may, at reasonable times, enter upon any premises at which toxic or hazardous materials are used or stored to inspect for compliance with the provisions of this article.
Written notice of any violation of the provisions of this article shall be given by the Emergency Management Department, specifying the nature of any violation, any corrective action that must be taken, the time limit for compliance, and any fine imposed. Notice shall also include an advisory as to an alleged violator's right to appeal.
When any person or entity that has received notice from the City that a fine has been assessed for failure to report as required by law or for failure to maintain and store hazardous substances in a safe manner, such person or entity may request a hearing before the City of Quincy's Director of the Department of Emergency Management. Such request must be filed within seven days after the day the notice of fine was served. In response to a hearing request, the Director shall hold a hearing at which time the appellant may offer testimony, present witnesses, and offer documentary evidence. Following the requested hearing, the Director shall issue a written decision to the appellant within seven days of the hearing.
Each provision of this article shall be construed as separate, and if any section or provision of this article shall be held invalid for any reason, the remainder shall continue in full force and effect.