Town of Rocky Hill, CT Chapter 153 Hazardous Materials

[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 10-21-1985 by Ord. No. 132-85. Amendments noted where applicable.]

GENERAL REFERENCES

Fire prevention — See Ch. 129.

§ 153-1 Report of presence of certain materials required.

When any nonprofit, commercial industrial firm or utility which manufactures, sells, uses, stores and/or disposes as a product, by-product or waste any substance, solid, liquid or gas, listed in the Connecticut Department of Environmental Protection, United States Environmental Protection Agency or Department of Health, Education and Welfare lists of hazardous materials, latest revision, operates, locates, relocates or changes its operation in Rocky Hill, it shall annually report the presence of these materials or substances to the Fire Marshal's office. Furthermore, it shall present copies of all plans, information, materials and documentation made in application for or in compliance with all state and federal permits, statutes or regulations.

§ 153-2 Responsibilities of property owner.

A. Every owner, operator, employee or agent of a business as described in § 153-1 of this chapter shall notify the Fire Marshal of each proposed change in materials, use, operations, facilities or disposal which will affect the substances referred to above.

B. The responsibility of a property or business owner to comply with this chapter shall not be terminated with the sale of the business, property or interest, unless proof of notice to the purchaser of this chapter is delivered to the Fire Marshal's office within 30 days of the sale or transfer.

C. Every property owner, manager or landlord on whose land or property exists a business as defined in § 153-1 of this chapter shall be responsible and liable to ensure that every tenant and/or lessee shall comply with the provisions of this chapter.

§ 153-3 Annual written assurance of compliance.

A. Submission of the above materials and information shall include an annual written assurance of compliance with all applicable storage, handling, emission and disposal requirements.

B. The Fire Marshal is hereby authorized to permit, upon review of their initial submission, any restaurant, liquor, package, retail, pharmacy, clothing, convenience store, beauty/barber shop, theater, motel, office or other such insubstantial generators to be relieved from the obligation to update their submission until such time as a change in their operation shall occur or for a period of four years, whichever shall occur first.

C. The Fire Marshal shall review all information submitted and shall consult and/or make referrals for appropriate action to all appropriate local agencies as necessary to protect the public health, safety and welfare.

§ 153-4 Reporting of unsafe conditions required.

Every person, owner, operator, agent, employee or any individual having knowledge of or reason to believe that an unsafe condition, imminent hazard, impending release, discharge or accident is anticipated involving any substance referred to above shall notify the Rocky Hill Fire Division of said knowledge or belief immediately, but in no instance beyond a period of two hours thereafter.

§ 153-5 Filing required.

No department, agency or commission of the Town of Rocky Hill shall consider any application before it to be complete and ready for decision unless it contains a declaration that the applicant or his agent has filed with all applicable local departments, agencies and commissions.

§ 153-6 Placards and key boxes. [1]

The Fire Marshal, upon review of the information provided in compliance with § 153-1 herein, may require that placards and/or a key box shall be installed at any or all site or building entrances of an applicant enterprise. It shall be the obligation of a reporting enterprise to install and maintain said placards and/or key boxes as specified by the Fire Marshal in operating and useful condition, with current and accurate information as to the specific location, amounts and details of hazardous materials on the premises. The cost of all materials and installation of the same shall be borne by the reporting enterprise.

[1] Editor's Note: See also Ch. 129, Fire Prevention, Art. III, Key Boxes.

§ 153-7 Penalties for offenses.

It shall be considered material misrepresentation and fraud for any nonprofit, commercial industrial firm, utility, person or entity to fail to provide true and correct information and/or to fail to keep such information current and accurate. The business as defined in § 153-1 and the individual who represented the enterprise shall be both jointly and separately liable for a penalty of no less than $100 per day for each day of operation or failure to notify since the last day of compliance or notice to the Town, whichever is longer.[1]

[1] Editor's Note: Original Section 8, re: a schedule for compliance by existing enterprises, which immediately followed this section, was deleted 1-6-1992 by Ord. No. 171-92.