Town of Williamstown, MA
Berkshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Williamstown 5-22-1990, Art. 42. Amendments noted where applicable.]
GENERAL REFERENCES
Fuel storage tanks — See Ch. 92.
Environmental protection — See Ch. 70, § 70-5.3G.

§ 29-1 Purpose and authority.

This chapter is intended to protect the ground- and surface waters of the town from contamination, and to protect the public health and welfare relative to toxic and hazardous materials. It is adopted under the authority of MGL C. 43B, § 13, the Home Rule Procedures Act and MGL C. 40, § 21.

§ 29-2 Applicability.

This chapter shall apply to all nonagricultural activities required to obtain an Environmental Protection Agency (EPA) identification number under 310 CMR 30.061, or involving storage of substances exceeding the Threshold Planning Quantities of the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III Regulations, other than substances, such as those held for sale by retailers, excluded from control thereunder.

§ 29-3 Registration.

A. 
All persons storing substances subject to this chapter shall, using a form to be provided by the Municipal Hazardous Materials Coordinator, annually register such storage with the Municipal Coordinator, initially upon storage initiation or, in the case of storage in existence upon adoption of this chapter, within 90 days of bylaw adoption.
B. 
Submitted registration materials shall annually be provided by the Municipal Coordinator to the Board of Health and the Fire Chief, and shall be maintained in a computer file to facilitate cross referencing against outstanding permits and licenses for assisting in administration and enforcement.

§ 29-4 Notification.

A. 
All persons applying for a permit or permit renewal under 527 CMR 9.0,0 Board of Fire Prevention Regulations for Tanks and Containers, shall furnish a duplicate copy of the application and plot plan to the Board of Health, and the head of the Fire Department shall furnish to the Board of Health copies of all permits granted under those regulations.
B. 
Persons proposing to install tanks or containers subject to this chapter but not subject to either 527 CMR 9.00 (Board of Fire Prevention Regulations) or 310 CMR 30.690 (DEP Hazardous Waste Regulations) shall make written application to the Board of Health prior to doing so. Such application shall be approved, provided that the requirements of this chapter are met, but not otherwise.

§ 29-5 Storage requirements.

A. 
Storage subject to this chapter shall be product-tight, weatherproof and vandal-resistant, with redundant security, such as enclosure of containers within an impervious dike.
B. 
Storage containers with capacity of 55 gallons or more shall:
(1) 
Meet the requirements of 527 CMR 9.00, Board of Fire Prevention Regulations, if applicable, or
(2) 
Meet the requirements of 310 CMR 30.690, Storage and Treatment in Tanks, if applicable, or
(3) 
Meet the more appropriate of the above, as determined by the Board of Health, if neither is otherwise applicable, except that in such case, specific departure may be authorized by the Board of Health (or its designated agent) upon its written determination, following consultation with the Conservation Commission and Selectmen, that the nature of the materials being stored makes such departure appropriate, and will result in no compromise in the prevention of hazard.
C. 
Where storage is not subject to control under 527 CMR 9.00, Board of Fire Prevention Regulations for Tanks and Containers, responsibilities assigned in that regulation to the head of the Fire Department shall be assumed by the Board of Health (or its designated agent).
D. 
Underground storage proposed within 100 feet of a wetland protected under the Wetlands Act[1] is also subject to review by the Conservation Commission under that Act.
[1]
Editor's Note: See MGL C. 131, § 40 et seq.

§ 29-6 Hazard prevention and response plan.

Persons storing substances subject to this chapter shall file with the Health Department a hazard prevention and contingency response plan outlining measures to be taken in the event of release or threat of release, and personnel training procedures in emergency response. Such plan may be that submitted to Massachusetts Department of Environmental Protection (DEP) under 310 CMR 30.520.

§ 29-7 Violations and penalties.

Any person who violates any provision of this chapter shall be punished by a fine of not more than $100, with each day during which a violation continues being a separate offense. Upon request by the Board of Health (or its designated agent) or on its own initiative, the Board of Selectmen shall take such legal action as is necessary to enforce this chapter.