[HISTORY: Adopted by the Town Council of the Town of Newington 9-27-1983;
amended 10-25-1983; 7-28-1987 (§§ 6-50
to 6-57 of the 1974 Code) . Subsequent amendments noted where applicable.]
[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:
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.
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.
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.[1]
A.
Any business which brings into the Town, stores, manufactures
as a product or by-product, merchandises, uses, or generates as a waste any
hazardous material (solid, liquid or gas) shall make written notice to the
Town Manager, on a form approved by the Town Manager, as to the presence of
any reportable quantities of said hazardous materials on the premises, and
submit a written assurance of compliance with all applicable federal, state
and municipal storage, handling, emission and disposal requirements. Those
businesses having reportable quantities of hazardous materials shall also:
(1)
Make written notice, on or before March 31 of each year,
of the presence of said hazardous material(s) to the Town Manager by name
or hazard class, method of storage, building location, and maximum quantity
of said hazardous material which shall be on the premises of said business
at any one time.
(2)
Present to the Town Manager copies of all documentation
made in application for, or in compliance with, any state or federal permits,
statutes or regulations which pertain to the handling or disposal of said
hazardous materials.
(3)
Notify the Town Manager in writing within 30 days of
any intended substantial change in the maximum quantity or location which
will affect the hazardous materials referred to above.
(4)
Provide, upon written request, to the Town Manager a
copy of the Material Safety Data Sheet (MSDS) for each such hazardous material
so requested.
B.
With the exception of a manufacturing establishment,
the Town Manager may waive the requirement for a business to file subsequent
notification (annual update) with the Town when in the opinion of the Fire
Marshal and Director of Health the hazardous material in question poses no
special risk to emergency response personnel or the general public. Such exception
will subsequently be reviewed and approved or disapproved by the Town Council,
and said business will be notified in writing by the Town Manager.
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.
A.
The Fire Chief may require, following review of the information provided in § 250-2 herein, that, due to potential risk(s) involved from one or more hazard classes being present on the same premises:
(1)
The main entrance (or other entrance designated by the Fire Chief)
of the building or area shall be placarded by a reporting business using the
U.S. Department of Transportation Hazard Class system of placards; and/or
(2)
A key box shall be installed and thereafter maintained by a reporting
business at the building or site entrance containing current information regarding
specific locations and details of hazardous materials on the premises.
B.
The cost of all materials and installation of such key box will
be borne by the reporting business, and such device shall comply with specifications
which the Fire Chief adopts and may from time to time amend.
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. [1]
