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.
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.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DISCHARGE
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.
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.
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.
(3) The use of any new oil/water separator shall comply with the same requirements as for existing systems, as specified above in §
304-5B.
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.