[HISTORY: Adopted by the Annual Town Meeting of the Town of Townsend 4-23-1985 by Art. 26; amended 9-9-1997] STM by Art. 59. Subsequent amendments noted where applicable.]
This by-law is adopted by the Town under its home rule powers, its enforcement powers to protect the public health and welfare, and its authorization under MGL c. 40, § 21.
The purpose of this by-law is to protect, preserve, and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface water within the Town of Townsend from contamination with hazardous materials.
The following definitions shall apply in the interpretation and implementation of this bylaw.
A. 
"Hazardous material" means a product or waste, or combination of substances which because of quantity, concentration, or physical, or chemical, or infectious characteristics, poses, in the Hazardous Waste Coordinator, Fire Chief or his designee's judgment, a substantial present or potential hazard to the human health, safety, or welfare, or the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. Any substance deemed a hazardous waste in MGL c. 21C shall also be deemed a hazardous material for the purpose of this by-law.
B. 
"Discharge" means the disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
A. 
Every owner or operator of a commercial or industrial establishment (including home occupations) storing hazardous materials in quantities totaling more than 10 gallons liquid volume or 10 pounds dry or liquid weight shall register with the Hazardous Waste Coordinator, Fire Chief or his designee the types, quantities, location, and method of storage of said hazardous materials. Registration required by this provision shall be initially submitted by July 1, 1985 and annually thereafter within 30 days of May 1 each year.
B. 
Owners or operators of commercial or industrial establishments who have not previously registered in accordance with Subsection A shall, if they meet registration requirement, register initially within 30 days of meeting such requirements and thereafter within 30 days of May 1 of each year.
C. 
In addition to registration, owners or operators of commercial or industrial establishments registered in accordance with Subsections A and B shall maintain on the premises an inventory, reconciled on a monthly basis, of purchase, use, sale, and disposal of hazardous materials. The purpose of this account is to detect any product loss and to provide an ongoing record of all quantities of hazardous materials within the Town of Townsend over the registration threshold.
D. 
Upon the request of the Hazardous Waste Coordinator, Fire Chief or his designee, owners or operators shall produce within 24 hours the latest reconciled inventory.
E. 
Hazardous wastes. Generally wastes containing hazardous materials shall be held on the premises in product-tight containers for removal by a licensed carrier and for disposal in accordance with the Massachusetts Hazardous Waste Management Act, MGL c. 21C.
F. 
Aboveground storage of hazardous wastes. Aboveground containers of wastes containing hazardous materials shall be stored on a surface impervious to the material being stored. The storage area shall be enclosed by a permanent dike of impermeable construction. The volume of the area enclosed by the dike shall be equal to or greater than the capacity of the containers within the dike. Any contaminated soils must be removed prior to installation and disposed of at the direction of the Hazardous Waste Coordinator, Fire Chief or his designee.
The following provisions shall apply to all underground liquid hazardous material storage systems with capacities of 55 gallons or greater.
A. 
Owners shall file with the Hazardous Waste Coordinator, Fire Chief or his designee the size, type, age, and location of each tank, and type of hazardous material stored in each, on or before July 1, 1985. Evidence of date of purchase and installation, including Fire Department permit, if any, shall be included along with a sketch map showing the location of such tanks on the property.
B. 
Owners of tanks for which evidence of installation date is not available shall, at the order of the Hazardous Waste Coordinator, Fire Chief or his designee, have such tank systems tested. If either the Hazardous Waste Coordinator, Fire Chief or his designee or the head of the Fire Department determines that the tank is not product tight, it shall be disposed of under the direction of the Hazardous Waste Coordinator, Fire Chief or his designee or the head of the Fire Department.
C. 
All tanks and systems shall be subject to one of the following tests: 10 years after installation and annually thereafter, or if evidence of installation date is not available: a five-pounds-per-square-inch air pressure test performed on an empty tank, or a Kent-Moore pressure test, or any other testing system approved in advance by the Hazardous Waste Coordinator, Fire Chief or his designee or head of the Fire Department. Certification of testing shall be submitted to the Hazardous Waste Coordinator, Fire Chief or his designee and the head of the Fire Department. Any tanks or systems failing the test shall be disposed of or repaired under the direction of the Hazardous Waste Coordinator, Fire Chief or his designee or the head of the Fire Department. There shall be mandatory upgrading or replacement of all steel tanks the same age or older at a site where a leak has occurred, and all tanks will be tested.
D. 
Newly installed tanks shall be protected from internal and external corrosion and shall be of a design approved by the Hazardous Waste Coordinator, Fire Chief or his designee and the head of the Fire Department. The following tank construction systems are considered to provide adequate corrosion protection: all fiberglass construction; steel with bonded fiberglass and internal lining; the Steel Tank Institute three-way protection system; and/or such other tank construction systems as the Hazardous Waste Coordinator, Fire Chief or his designee and the head of the Fire Department shall approve.
The following provisions shall apply to all hazardous material storage systems of any capacity.
A. 
All leaking tanks must be emptied by the owner or operator within 12 hours of leak detection and removed by the owner or operator in a time period to be determined by the Hazardous Waste Coordinator, Fire Chief or his designee. Abandoned or unused tanks will be removed by the owner or operator within six months. Any contaminated soils must be removed and disposed of at the direction of the Hazardous Waste Coordinator, Fire Chief or his designee.
B. 
Tank installations on lots not having a permit prior to adoption of this by-law are not permitted within six feet of maximum high water table, or within 100 feet of, or when the tank system may pose a potential hazard to, any body of water. The Hazardous Waste Coordinator, Fire Chief or his designee shall have control of the installation.
The Hazardous Waste Coordinator, Fire Chief or his designee may vary the application of any provision of this by-law, unless otherwise required by law, in any case when in its opinion, the applicant has demonstrated that an equivalent degree of environmental protection required under this by-law will still be achieved. The applicant at his own expense must notify all abutters by certified mail or by hand delivery at least 10 days before the Hazardous Waste Coordinator, Fire Chief or his designee meeting at which the variance request will be considered. The notification shall state the variance sought and the reasons therefor. Any variance granted by the Hazardous Waste Coordinator, Fire Chief or his designee shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial.
A. 
Protection. All discharges of hazardous material within the Town of Townsend are prohibited.
B. 
Reporting of discharge. Any person having knowledge of a discharge of hazardous material shall immediately report the discharge to the Hazardous Waste Coordinator, Fire Chief or his designee, and if involving flammable or explosive materials, to the head of the Fire Department.
C. 
Right of entry. The Hazardous Waste Coordinator, Fire Chief or his designee and its agents may enter upon privately owned property for the purpose of performing their duties under this by-law.
D. 
Penalty. Any person who violates any provision of this by-law shall be punished by a fine of not more than $100. Each day or a portion thereof during which a violation continues shall constitute a separate offense. This by-law may be enforced pursuant to MGL c. 40, § 21D by a Town police officer or other officer having police powers. Upon request of the Hazardous Waste Coordinator, Fire Chief or his designee or the Fire Department, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this by-law.
Any person registering storage of hazardous materials pursuant to § 49-4 shall pay to the Townsend Hazardous Waste Coordinator, Fire Chief or his designee an annual registration fee of $10. Such fee shall be due on the same date as the annual registration. Failure to pay shall constitute a violation and shall subject the violator to the penalties of § 49-8 of the by-law. The Hazardous Waste Coordinator, Fire Chief or his designee may charge for expenses incurred in the enforcement of this by-law.