[Amended 11-24-1998 by Ord. No. 9799-3]
As used in this chapter, the following words and terms shall have the
meanings hereinafter set out:
BUSINESS
An enterprise including, but not limited to, a factory, mill operation,
laboratory, warehouse, refinery, machine shop, medical facility or any facility
that may use or store hazardous materials on the premises; specifically excluded
are restaurants and professional offices.
HAZARDOUS MATERIAL
Any substance identified in the Hazardous Materials Table of the
U. S. Department of Transportation Regulations as shown in Table 172.101,
49 Code of Federal Regulations (CFR) (1997), as revised.
REPORTABLE QUANTITY
An amount of a hazardous material equal to or more than the quantity
shown in Column 9B of said Hazardous Materials Table, 172.101 CFR (1997),
as revised, provided, where said Column 9B shows the wording "Forbidden" or
shows no notation under such column, any amount of the applicable material
shall be reportable and where said Column 9B shows the wording "No Limit,"
an amount of the applicable material shall be reportable if it exceeds 50
pounds or 10 gallons.
Any person in Newington who is required to report any release of a hazardous
substance in the Town to a regulatory authority under state or federal law
or regulations shall immediately make a similar notification to the Newington
Fire Department.
Information provided pursuant to this chapter which is designated by
the provider as a trade secret(s) in accordance with C.G.S. § 1-210
shall not be considered public information, and its disclosure upon filing
with the Town shall be limited to administrative, public health and public
safety agents of the Town.
It shall be considered material misrepresentation and fraud by any owner
or operator responsible for a business to fail to provide true and correct
information as herein required or to fail to keep such information current
and accurate. Any such owner or operator who violates the provisions of this
chapter shall be subject to a penalty of $90 per day for every day of operation
during which a hazardous material exists on the premises of a business but
is not reported as required herein.
Any application to the Town Plan and Zoning Commission,
Zoning Board of Appeals, Conservation Commission, or Development Commission
on behalf of a business (as defined herein) should not be deemed complete
unless it contains the applicant's certification of compliance with the requirements
of this chapter.