This regulation is promulgated by the Board
of Health of the Town of Yarmouth, Massachusetts, pursuant to authority
established under the provisions of MGL c. 111, § 31.
The provisions of this regulation shall be applicable
to every person who stores, handles, uses or discharges toxic or hazardous
materials in quantities greater than those associated with normal
household use in the Town of Yarmouth.
The Board of Health will annually license all
applicable persons as determined by this regulation. Upon receipt
of the annual fee and completion of the registration form and annual
application form, the Board of Health will issue said license. The
annual fee for said license will be determined by the Board of Health.
As used in this chapter, the following terms
shall have the meanings indicated:
OPERATOR
Any person who is responsible for operation of a site. The
term shall not include a person who, without participating in the
management of a site, holds indicia of ownership primarily to protect
his security interest in said site. In the case of an abandoned site,
the term "operator" means any person who operated such site immediately
prior to such abandonment.
OWNER
Any person who has effective control or legal ownership of
a site. The term shall not include a person who, without participating
in the management of a site, holds indicia of ownership primarily
to protect his security interest in said site. For the purpose of
this regulation, the Board shall be entitled to rely on the most current
list of owners in the records of the Town Board of Assessors as providing
sufficient evidence of ownership under this regulation. In the case
of an abandoned site, the term "owner" means any person who owned
such a site immediately prior to such abandonment.
PERSON
Any agency or political subdivision of the federal government
or the commonwealth, any state, public or private corporation or authority,
individual, trust, firm, joint-stock company, partnership, association
or other entity, and any officer, employee or agent of such person,
and any group of persons.
SITE
Any real estate, personal property, facility, activity, building,
structure, installation, equipment, pipe or pipeline, including any
pipe into a storm drain, sewer or publicly owned treatment works,
well, pit, pond, lagoon, impoundment, ditch, tank, landfill, storage
container, motor vehicle, rolling stock, vessel or aircraft, or any
other place or area to, from or at which toxic or hazardous materials
have been discharged.
TOXIC OR HAZARDOUS MATERIALS
A.
Material including but not limited to any material,
in whatever form, which, because of its quantity, concentration or
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare or to the environment, when improperly stored,
treated, transported, disposed of, used or otherwise managed.
B.
Any waste, material, product or substance deemed
hazardous under the Massachusetts Hazardous Waste Management Act,
MGL c. 21C, the Massachusetts Superfund Act, MGL c. 21E, the Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et
seq., or the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), known as "Superfund," 42 U.S.C. § 9601
et seq., as these statutes may be amended, shall be deemed a hazardous
waste for the purpose of this regulation.
C.
Toxic or hazardous materials include but are
not limited to organic chemicals, petroleum products, heavy metals,
radioactive or infectious wastes, acids and alkalies, and include
products such as pesticides, herbicides, solvents and thinners.
D.
The sole authority with regard to determining
whether or not a substance is considered a toxic or hazardous material
shall rest with the Board of Health.
E.
Wastes generated by the following activities
are presumed to be toxic or hazardous materials unless and except
to the extent that any person engaging in such an activity can demonstrate
to the contrary and to the satisfaction of the Yarmouth Board of Health:
(1)
Airplane, boat and land vehicle sales, rental,
service and repair.
(2)
Chemical and bacteriological laboratory operation.
(3)
Cabinetmaking and woodworking.
(4)
Electronic manufacturing and repairing facilities.
(5)
Metal manufacturing, plating, grinding, finishing
and polishing.
(7)
Chemical and petroleum manufacturing.
(8)
Motor and machinery service sales, rental and
repair.
(9)
Painting, wood preserving and furniture stripping.
(10)
Pesticide and herbicide application.
(11)
Photographic and X-ray processing.
(13)
Leather tanning and finishing.
(14)
Stone, clay and glass manufacturing.
The term "discharge," as used in this regulation,
shall be defined as any spilling, leaking, pumping, pouring, emitting,
emptying, injecting, escaping, leaching, dumping or disposing of toxic
or hazardous material upon or into any land, air, surface water or
groundwater of the Town of Yarmouth, and including leakage of such
materials from failed or discarded containers or storage systems and
disposal of such materials into any on-site sewage disposal system,
dry well, catch basin or unapproved landfill. The term "discharge,"
as used and applied in this regulation, does not include the following:
A. Proper disposal of any material in a sanitary or industrial
landfill that has received and maintained all necessary legal approvals
for that purpose.
B. Application of fertilizers and pesticides applied
in accordance with manufacturer's label recommendations and with regulations
of the Massachusetts Pesticide Control Board.
C. Application of road salts in conformance with the
snow and ice control program of the Massachusetts Department of Public
Works and standards as may be determined by the Yarmouth Highway Surveyor.
D. Disposal of sanitary sewage to approved subsurface
sewage disposal system(s) as defined and allowed by Title 5 of the
Massachusetts Sanitary Code and Town of Yarmouth amendments to Title
5.
Any use of additional toxic or hazardous materials
not submitted on the registration form will require prior notification
and approval by the Board of Health as to the types of materials stored,
handled or used, quantities, location and method of storage, with
copies of all such material safety data sheets for each additional
product to be used.
Penalty for failure to comply with any provision
of this regulation shall be governed by MGL C. 111, § 31.
Each day of violation shall constitute a separate offense. Further,
the Board of Health, after notice to and after a public hearing thereon,
may suspend, revoke or modify any license issued hereunder for cause
shown.
Each provision of this regulation shall be construed
as separate, to the extent that, if any part of this regulation shall
be held invalid for any reason, the remainder shall continue in full
force and effect.