VOTED: That the Town, acting under the provisions of Article II of the Amendments to the Constitution of the Commonwealth of Massachusetts , commonly called the Home Rule Amendment, and under the Town’s statutory police powers, adopt the following bylaw regarding the protection of groundwater.
Section 1. Authority
This bylaw is adopted by the Town of Concord under its home rule powers, its police powers to protect the public health and welfare, and its authorization under MGL Chapter 40, §21.
Section 2. Purpose
The purpose of this bylaw is to protect, preserve and maintain the existing and potential groundwater supply and groundwater recharge areas within the Town.
Section 3. Definitions
The following terms shall have the following meanings in the bylaw.
a. “Discharge” means the disposal, deposit, injection, dumping, spilling, leaking, incineration or placing of any hazardous material, regardless of volume into or on any land or water so that such hazardous material or any constituent thereof may enter the environment to be emitted into the air or discharged into any waters including groundwaters. Discharge includes, without limitation, leakage of such hazardous or toxic material from failed or discarded containers or storage systems, and disposal of such materials into any on-site sewage disposal system, drywell, catch basin or landfill.
b. “Hazardous Material” means a product or waste, or combination of substances which because of its quantity, concentration, or physical, chemical or infectious characteristics, poses in the Board of Health’s judgment a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. Without limiting the generality of the foregoing, any substance deemed a hazardous waste in 315 Code of Massachusetts Regulations 2.04 or in 40 Code of Federal Regulations Part 261 shall be deemed a hazardous material for purposes of this bylaw.
Wastes generated by but not limited to the following activities are presumed to be toxic or hazardous, unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health:
· airplane, boat and motor vehicle service and repair
· chemical and bacteriological laboratory operation
· cabinet making
· dry cleaning
· electronic circuit assembly
· metal plating, finishing and polishing
· painting, wood preserving and furniture striping
· pest control
· photographic processing
· printing
· and such other activities as may reasonably be determined by the Board of Health.
Section 4. Prohibitions
a.
(i) Except as provided in Section 4 b. hereof, all discharges of hazardous material within the Town are prohibited.
(ii) All handling and storage of hazardous material is prohibited except in accordance with the provisions of this bylaw, the Massachusetts Hazardous Waste Management Act, MGL Chapter 21C, as amended and the Resource Conservation and Recovery Act, P.L. 94-580, as amended and regulations issued incident thereto.
b. Section 4 a. shall not apply to the following discharges.
(i) Proper disposal of any non-hazardous material in a sanitary or industrial landfill that has received and maintains all necessary federal, state and Town permits for such purpose; provided that all current permits have been filed with the Concord Board of Health.
(ii) Application of fertilizer and pesticides in accordance with label recommendations and with applicable regulations of the Massachusetts Pesticide Control Board and the U.S. Environmental Protection Agency.
(iii) Application of road salts in conformance with the snow and ice control program of the Massachusetts Department of Public Works and the Concord Department of Public Works.
(iv) Disposal of “sanitary sewage” to subsurface sewage disposal systems as defined and permitted by Title 5 of the Massachusetts Environmental Code and the supplemental rules and regulations issued by the Concord Board of Health.
(v) Industrial discharges which are point source discharges subject to existing valid permits under S401 of the federal Water Pollution Control Act of 1967 as amended.
Section 5. Storage Controls at Industrial and Commercial Sites
a. Every owner or operator of a commercial, agricultural, horticultural or industrial establishment, including home businesses, storing toxic or hazardous materials in quantities totaling more than 10 gallons liquid volume or 10 pounds dry weight shall register with the Board of Health the types of materials stored, quantities, location and method of storage. An inventory of such materials shall be maintained on the premises and be reconciled with purchase, use, sales and disposal records on a monthly basis, in order to detect any product loss.
Registration required by this subsection shall be submitted within 60 days of the effective date of this bylaw, and annually thereafter. Maintenance and reconciliation of inventories shall begin within the same 60-day period.
b. Wastes containing toxic or 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, Chapter 21C, as amended.
c. The Board of Health may require that containers of toxic or hazardous materials be stored on an impervious, chemical resistant surface compatible with the material being stored, and that the storage area be enclosed with a permanent dike of impermeable construction.
d. This section does not apply to storage or activities permitted or licensed in accordance with Administrative Policies and Procedures for storage of inflammable materials and explosives (APP #22) as amended, and issued by the Concord Board of Selectmen on February 22, 1980. [Editor’s Note: APP #22 revised 6/19/80]
Section 6. Special Permits
Any owner or operator of a commercial or industrial establishment or any person who desires to engage in discharges within the Town other than those discharges permitted pursuant to Section 4 b. (i) through 4 b. (v) hereof may petition the Board of Health in writing for permission to do so. Within six months of the effective date of this bylaw, the Board of Health shall adopt regulations to administer this bylaw, but nothing in this bylaw or in any such regulations shall be construed by implication or otherwise to impose upon the Board of Health any obligation to permit any discharges other than those specifically permitted by Sections 4 b. (i) through 4 b. (v) hereof.
Section 7. Filings Required
Every owner or operator of a commercial or industrial establishment or any person within the Town whose operations are subject to any of the following acts shall file with the board copies of all permit applications and supporting data filed pursuant thereto as well as all permits obtained, notices of approval, denial, revocation and citations for violations in respect thereof and shall provide the board with such additional information as the board shall by rule from time to time require:
a. the Resource Conservation and Recovery Act 42 U.S.C. S6901 et seq.
b. the Federal Clean Air Act 42 U.S.C. S1857 et seq.
c. the Federal Clean Water Act 33 U.S.C. S1251 et seq.
d. the Toxic Substance Control Act 15 U.S.C. S2601 et seq.
e. the Safe Drinking-Water Act 42 U.S.C. S300f et seq.
f. the Federal Insecticide, Fungicide and Rodenticide Act
g. the Massachusetts Hazardous Waste Management Act, MGL, Chapter 21C as amended, and other Massachusetts counterpart statutes to the federal acts listed in sub-paragraphs a. through f. above.
h. the Massachusetts Clean Water Act, MGL, Chapter 21, §26 et seq.
Section 8. Report of Spills and Leaks
Every person having knowledge of a spill, leak or other loss of hazardous materials shall immediately report the spill or loss of same to the Board of Health and Fire Department.
Section 9. Enforcement
a. The provisions of this bylaw and regulations adopted hereunder shall be enforced by the Board of Health. The agent or designated representative of the Board of Health may, according to law, enter upon any premises at any reasonable time to inspect for compliance.
b. Upon request of the agent or designated representative of the Board of Health, the owner or operator of any premises at which hazardous materials are used or stored shall furnish all information required to monitor compliance with this bylaw and regulations adopted hereunder including a complete list of all chemicals, pesticides, fuels and other hazardous materials used or stored on the premises, their volumes and concentrations, a description of measures taken to protect storage containers from vandalism, corrosion and spillage, and the means of disposal of all toxic or hazardous wastes produced on the site. A sample and analysis of wastewater disposed to on-site septic systems, drywells or sewage treatment systems may be required by the agent or designated representative of the Board of Health.
c. A current (not more than 2 years old) written plan for dealing with potential spillage, leakage, or loss of hazardous materials used or stored on one’s premises shall be filed with the Board of Health.
d. All records pertaining to storage, removal and disposal of hazardous wastes shall be retained for no less than 10 years, and shall be made available for review by the agent or designated representative of the Board of Health upon request.
e. The Building Inspector of the Town of Concord shall condition issuance of building and occupancy permits upon conformity with the requirements of this bylaw and regulations adopted hereunder respecting any hazardous materials to be used in the course of such construction or occupancy.
Section 10. Violation
a. Written notice of any violation of this bylaw and regulations adopted hereunder shall be given by the agent or designated representative of the Board of Health, specifying the nature of the violation; any corrective measures that must be undertaken, including containment and cleanup of discharged materials; any preventive measures required for avoiding future violations; and a time for compliance. Requirements specified in such notice shall be reasonable in relation to the public health hazard involved and the difficulty of compliance.
b. Any violation of this bylaw shall be punishable by a fine of up to $200 (two hundred dollars) for each day of violation, and the Town of Concord may enforce the same remedy available to the Commonwealth for any such similar violation.
Section 11. Severability
Each provision of this bylaw shall be construed as separate, to the end that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.
Article 42, Town Meeting, April 1981
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