[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.
A.
Whereas:
(1)
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
(2)
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
(3)
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
(4)
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
(5)
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:
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.
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.
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.
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.
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.
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:
A.
An industrial or commercial process area,
B.
A petroleum, toxic, or hazardous materials and/or
waste storage area, or
C.
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.
A.
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:
(1)
Disconnect and plug all applicable inlets to and outlets
from (where possible) applicable leaching structures, oil/water separators,
and/or septic systems;
(2)
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;
(3)
Alter the floor drain system so that the floor drain
shall be either:
(a)
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;
(b)
Connected to a municipal sanitary sewer line,
if available, with all applicable Department and local permits; or
(c)
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.
B.
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.
C.
Compliance with all provisions of this regulation
must be accomplished in a manner consistent with Massachusetts Plumbing,
Building, and Fire Code requirements.
D.
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.
A.
Existing facilities:
(1)
Owners/operators of a facility affected by this regulation
shall comply with all of its provisions within 90 days of the effective
date.
(2)
All applicable discharges to the leaching structures
and septic systems shall be discontinued immediately through temporary
isolation or sealing of the floor drain.
B.
New facilities:
(1)
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.
(2)
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.
