[HISTORY: Adopted by the Board of Health
of the Town of Groton 5-16-1983, as amended through 12-3-2007. Subsequent amendments noted where applicable.]
There are hereby adopted the following regulations
to provide adequate safeguards from hazardous materials which pose
additional present or potential hazards to public health, welfare,
safety and to the environment and to establish a program to provide
for safe management of all such hazardous materials.
In this chapter, the following terms shall have
the following meanings:
The unlawful discharge, deposit, injection, dumping, spilling,
leaking, incineration or placing of hazardous materials into or on
any land or water so that such hazardous materials or any constituent
thereof may enter the environment or be emitted into the air or discharge
into any waters, including groundwaters.
A substance or combination of substances which, because of
its quantity, concentration or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness or pose a substantial present or potential hazard to human
health, safety or welfare or to the environment when improperly treated,
stored, transported used or disposed of or otherwise managed; however,
not to include solid or dissolved material in domestic sewage or solid
or dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act of 1967, as amended, or source,
special nuclear or by-product material, as defined by the Atomic Energy
Acts of 1954. Those substances considered to be "hazardous materials"
shall include, but shall not be limited to, substances considered
to be toxic or hazardous by the Division of Hazardous Waste of the
Commonwealth of Massachusetts under the provision of MGL, Chapter
21(c).
Town of Groton Board of Health regulations entitled "Control
and Management of Hazardous Materials."
The actual or intended containment of hazardous materials
in a safe manner so as to prevent unlawful disposal.
The disposal of hazardous materials within the
Town of Groton is hereby prohibited, except at a hazardous waste disposal
facility established and maintained in accordance with applicable
law. Occupancy of any existing or new premises, other than residential
dwellings, is hereby prohibited, except in conformance with the provisions
of this chapter.
A.
All hazardous materials shall be properly stored within
a building in product-tight containers protected from corrosion, accidental
damage or vandalism and shall be used and handled in a manner which
does not constitute disposal. An inventory of such hazardous materials
stored or handled in quantities that could pose a present or potential
hazard shall be maintained and reconciled with purchase, use, sales
and disposal records at sufficient intervals to detect product loss.
Subsurface fuel and chemical storage facilities in compliance with
the Town of Groton Underground Fuel and Chemical Storage Regulation[1] and applicable Massachusetts fire prevention regulations
shall be deemed to be in compliance with this standard.
B.
No hazardous materials shall be present in materials
disposed on the site. Waste materials composed in part or entirely
of hazardous materials shall be retained in product-tight containers
for removal and disposal by a hazardous waste licensee or as directed
by the Board of Health or its enforcement officer.
The provisions of these regulations shall be
enforced by the Board of Health or by a designated enforcement officer
appointed annually by the Board of Health.
A.
Certificate of compliance.
(1)
New premises. Owners or occupants of new premises,
other than residential dwellings, for which a building permit is issued
after the effective date of these regulations shall obtain a certificate
of compliance prior to occupying the premises.
(2)
Existing premises. Owners or occupants of existing
premises, other than residential dwellings, shall obtain a certificate
of compliance before June 16, 1983, or upon any change in use or occupancy
requiring a certificate of use and occupancy under Section 119.0 of
the Massachusetts Building Code, whichever occurs first.
(3)
Requirements. The certificate of compliance shall
be issued by the Board of Health or by its enforcement officer upon
demonstration by the owner or occupant that the use and occupancy
of the premises are in conformance with the requirements of these
regulations or, in the case of existing premises not in compliance,
shall specify a compliance schedule which is reasonable with regard
to the public health threat involved and the difficulty of compliance.
B.
Compliance review.
(1)
Application for an original certificate of compliance
shall be forwarded by the Board of Health or its enforcement officer
to the Select Board, Conservation Commission, Fire Department and
Water Department for determination that the proposed use meets all
control standards. All information necessary to demonstrate compliance
must be submitted, including but not limited to the following:
[Amended 10-1-2018 ATM
by Art. 14]
(a)
A complete list of all chemicals, pesticides,
fuels and other potentially hazardous materials to be used or stored
on the premises in quantities exceeding 25 gallons, accompanied by
a description of measures to protect from corrosion, accidental damage
or vandalism, leakage or any disposal, together with provision to
control any accidental disposals.
(b)
A description of hazardous materials to be generated,
indicating the type of storage and the method and place of disposal.
(2)
Any information, record or particular part thereof
obtained by the Board of Health or its enforcement officer pursuant
to the provisions of these regulations shall, upon request, be kept
confidential and not considered to be public record when it is deemed
by the Board that such information, record or report relates to secret
processes, methods of manufacture or production or that such information,
record or report, if made public, would divulge a trade secret. This
section shall not prevent disclosure of any information necessary
for an enforcement action.
(3)
The Board of Health or its enforcement officer shall
act upon an application within 30 days of a filing. Upon failure of
the Board of Health or its enforcement officer to act within 30 days,
the certificate of compliance shall be deemed to be granted.
C.
Renewal application. Application shall be made for
renewal of the certificate of compliance upon change in use or occupancy
requiring a certificate of use and occupancy under the Massachusetts
Building Code or upon significant change in materials used or stored
on the premises from those described in the original application.
D.
Report of spills and leaks. Any person having knowledge
of a spill, leak or other disposal of hazardous materials or violation
of these regulations shall report the same to the Board of Health
or its enforcement officer and the Fire Department within two hours
of detection.
E.
Enforcement. The Board of Health or its enforcement
officer may, according to law, enter upon any premises at any reasonable
time to inspect for compliance with the provisions of these regulations.
Upon demand by the owner or person in control of the premises, however,
the Board of Health or its enforcement officer shall obtain a warrant
authorizing such entry and inspection. Information necessary to demonstrate
compliance shall be submitted by the occupant of the premises at the
request of the Board of Health or its enforcement officer. If requested,
samples of hazardous materials shall be provided to the Board of Health
or its enforcement officer for testing. All records pertaining to
hazardous materials, disposal and removal shall be retained for no
less than five years and shall be made available for review within
48 hours of a request.
F.
Violation. Upon determination by the Board of Health
of a violation of these regulations, the Board may issue such order
as it deems appropriate to remedy the violation. The order may include
a compliance schedule for those activities which the Board of Health
deems reasonably necessary to abate the violation.
G.
Penalty. Violation of these regulations shall be punishable
by a fine of $200 for each offense. Each day that such violation continues
shall constitute a separate offense.
It is hereby declared that the provisions of
these regulations are severable, and if any provision of these regulations
shall be declared unlawful by a valid judgment or decree of any court
of competent jurisdiction, such invalidity shall not affect any of
the remaining provisions thereof.
