[HISTORY: Adopted by the Town of Barre Board of Health 5-8-2000. Amendments noted where applicable.]
The Town of Barre Board of Health adopts the following regulation pursuant to authorization granted by MGL c. 111 §§ 31 and 122. The regulation shall apply, as specified herein, to all applicable facilities, existing and new, within the Town of Barre.
Floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure (e.g. dry well, cesspool, leach field) or a septic system; and
Poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products; and
Improper maintenance or inappropriate use of these systems may allow the passage of contaminants or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and
Discharges of hazardous materials and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface and ground water quality throughout Massachusetts; and
Surface and ground water resources in the Town of Barre contribute to the town's drinking water supplies.
For the purposes of this regulation, the following words and phrases shall have the following meanings:
- COMMERCIAL AND INDUSTRIAL FACILITY
- A public or private establishment where the principal use is the supply, sale, and/or manufacture of services, products, or information, including but not limited to: manufacturing, processing, or other industrial operations; service or retail establishments; printing or publishing establishments; research and development facilities; small or large quantity generators of hazardous material; laboratories; hospitals.
- The Massachusetts Department of Environmental Protection.
- The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material upon or into any land or water so that such hazardous material or any constituent thereof may enter the land or waters of the commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system.
- FLOOR DRAIN
- An intended drainage point on a floor constructed to be otherwise impervious which serves as the point of entry into any subsurface drainage, treatment, disposal, containment, or other plumbing system.
- LEACHING STRUCTURE
- Any subsurface structure through which a fluid that is introduced will pass and enter the environment, including, but not limited to, dry wells, leaching catch basins, cesspools, leach fields, and oil/water separators that are not watertight.
- OIL/WATER SEPARATOR
- A device designed and installed so as to separate and retain petroleum-based oil or grease, flammable materials as well as sand and particles from normal wastes while permitting normal sewage or liquid wastes to discharge into the drainage system by gravity. Other common names for such systems include MDC traps, gasoline and sand traps, grit and oil separators, grease traps, and interceptors.
- TOXIC OR HAZARDOUS MATERIAL
- Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Barre. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, acids and alkalis, and all substances defined as toxic or hazardous under MGL c. 21C and c. 21E or Massachusetts hazardous waste regulations (304 CMR 30.000), and also include such products as solvents, thinners, pesticides, and herbicides.
- USE OF TOXIC OR HAZARDOUS MATERIAL
- The handling, generation, treatment, storage, or management of toxic or hazardous materials.
With the exception of discharges that have received (or have applied and will receive) a Department-issued permit prior to the effective date of this regulation, no floor drain(s) shall be allowed to discharge, with or without pretreatment (such as an oil/water separator), to the ground, a leaching structure, or septic system in any industrial or commercial facility if such floor drain is located in either:
An industrial or commercial process area,
A petroleum, toxic, or hazardous materials and/or waste storage area, or
A leased facility without either A or B of this section, but in which the potential for a change of use of the property to a use which does have either A or B is, in the opinion of the Board of Health or its agent, sufficient to warrant the elimination of the ground discharge at the present.
The owner of a facility in operation prior to the effective date of this regulation with a prohibited (as stated in § 304-4) floor drain system shall:
Disconnect and plug all applicable inlets to and outlets from (where possible) applicable leaching structures, oil/water separators, and/or septic systems;
Remove all existing sludge in oil/water separators, septic systems and, where accessible, leaching structures. Any sludge determined to be a hazardous material shall be disposed of in accordance with state hazardous waste regulations (304 CMR 30.000). Remedial activity involving any excavation and/or soil or groundwater sampling must be performed in accordance with appropriate Department policies;
Alter the floor drain system so that the floor drain shall be either:
Connected to a holding tank that meets all applicable requirements of Department policies and regulations, with hauling records submitted to the Barre Board of Health at the time of hauling;
Connected to a municipal sanitary sewer line, if available, with all applicable Department and local permits; or
Permanently sealed. Any facility sealing a drain shall be required to submit for approval to the Board of Health a hazardous materials management plan detailing the means of collecting, storing, and disposing of any hazardous material generated by the facility, including any spill or other discharge of hazardous materials.
Any oil/water separator remaining in use shall be monitored (by periodic inspections conducted by the Board of Health or by agents for the Board of Health), cleaned not less than every 90 days, and restored to proper conditions after cleaning so as to ensure proper functioning. Records of the hauling of the removed contents of the separator shall be submitted to the Board of Health at the time of hauling.
Compliance with all provisions of this regulation must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire Code requirements.
Upon complying with one of the options listed under Subsection A(3), the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's UIC Notification Form, which may be obtained by calling 617/292-5770, with the Department, and sending a copy to the Barre Board of Health.
The effective date of this regulation is indicated in § 304-10 of the regulation, which shall be identical to the date of adoption of the regulation.
Owners/operators of a facility affected by this regulation shall comply with all of its provisions within 90 days of the effective date.
All applicable discharges to the leaching structures and septic systems shall be discontinued immediately through temporary isolation or sealing of the floor drain.
As of the effective date of the regulation, all new construction and/or applicable change of use within the Town of Barre shall comply with the provisions of this regulation.
Certification of conformance with the provisions of this regulation by the Board of Health shall be required prior to issuance of construction and occupancy permits.
Enforcement of these regulations shall be implemented by the Board of Health, its staff, or other persons who may be designated by the Board as its agents. The Board will enforce these regulations through Chapter 67, Noncriminal Disposition of Bylaw Violations.
Noncriminal disposition is a progressive ticketing fine process, which allows for a hearing, and only becomes criminal if the ticket is not paid. First offense is a fine of $200. Second offense is a fine of $500. Third offense is a fine of $1,000. Failure to comply with any provision of this regulation once ordered to do so shall result in a noncriminal disposition fine. Each day of noncompliance shall constitute a separate offense.
Each provision of this regulation shall be construed as separate to the end that if any provision, or sentence, clause or phrase thereof shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect.
These regulations are signed on the eighth day of May in the year 2000, and are effective on the first day of July in the year 2000.