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.
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.
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.