Town of Williamstown, MA
Berkshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Williamstown 4-5-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and water — See Chs. 49, 67, 117 and 137.
Fuel storage tanks — See Ch. 92.
Wells — See Ch. 164.

§ 142-1 Findings; purpose.

Whereas floor drains in industrial and commercial facilities are often tied to a system leading to a leaching structure (e.g. dry well, cesspool, leach field) or a septic system; and poor management practices and accidental and/or intentional discharges may lead petroleum and other toxic or hazardous materials into these drainage systems in facilities managing these products; and improper maintenance or inappropriate use of these systems may allow the passage of contaminants or pollutants entering the drain to discharge from the leaching structure or septic system to the ground; and discharges of hazardous wastes and other pollutants to floor drains leading to leaching structures and septic systems have repeatedly threatened surface and ground water quality throughout Massachusetts; and surface and ground water resources in the Town of Williamstown contribute to the town's drinking water supplies; the Town of Williamstown adopts the following regulation, under its authority as specified in § 142-2, as a preventative measure for the purposes of: preserving and protecting the Town of Williamstown's drinking water resources from discharges of pollutants to the ground via floor drains; and minimizing the threat of economic losses to the town due to such discharges.

§ 142-2 Statutory authority; scope.

A. 
The Town of Williamstown Board of Health adopts the following regulation pursuant to authorization granted by MGL c. 111, §§ 31 and 122.
B. 
The chapter shall apply, as specified herein, to all applicable facilities, existing and new, within Well Protection Zone II of the Town of Williamstown.

§ 142-3 Definitions.

For the purposes of this chapter, the following words and phrases have the following meanings:
BOARD
The Williamstown Board of Health or its designated agent.
BOARD OF HEALTH
The Williamstown Board of Health.
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 waste; 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 or waste upon or into any land or water so that such hazardous waste 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 wastes, 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 Williamstown. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as "toxic or hazardous" under MGL c. 21C and 21E or Massachusetts Hazardous Waste regulations (310 CMR 30.000), and also include such products as solvents, thinners and pesticides in quantities greater than normal household use.
USE OF TOXIC OR HAZARDOUS MATERIAL
The handling, generation, treatment, storage or management of toxic or hazardous materials.
ZONE II
That area defined by the Roman Numeral "II" in the "Green River Well and Stetson Road Wellfield Zone II Map," attached as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Inspection Services Office and may be examined there during regular business hours.

§ 142-4 Prohibitions.

With the exception of discharges that have received (or have applied for and will receive) a Department issued permit prior to the effective date of this chapter, no floor drains 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.

§ 142-5 Requirements for existing facilities.

A. 
The owner of a facility in operation prior to the effective date of this chapter with a prohibited (as defined under § 142-4) floor drain system shall:
(1) 
Disconnect and plug all applicable inlets to and outlets from (where possible) applicable leaching structures, oil/water separators and/or septic systems.
(2) 
Remove all existing sludge in oil/water separators, septic systems and, where accessible, leaching structures. Any sludge determined to be a hazardous waste shall be disposed of in accordance with state hazardous waste regulations (310 CMR 30.000). Remedial activity involving any excavation and/or soil or groundwater sampling must be performed in accordance with appropriate Department policies.
(3) 
Alter the floor drain system so that the floor drain shall be either:
(a) 
Connected to a holding tank that meets all applicable requirements of Department policies and regulations, with hauling records submitted to the Williamstown Board of Health at the time of hauling;
(b) 
Connected to a municipal sanitary sewer line, if available, with all applicable Department and local permits; or
(c) 
Permanently sealed.
B. 
Compliance with all provisions of this chapter must be accomplished in a manner consistent with Massachusetts Plumbing, Building and Fire Code requirements.
C. 
Upon complying with one of the options listed under § 142-5(A)(3), the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's UIC Notification Form (which may be obtained by calling 413-784-1100 or 617-292-5770) with the Department and sending a copy to the Williamstown Board of Health, in compliance with Department requirements.

§ 142-6 Effective dates for all facilities.

The effective date of this chapter is the date posted on the front page of the chapter, which shall be identical to the date of adoption of the chapter.[1]
A. 
Existing facilities.
(1) 
Owners/operators of a facility affected by this chapter shall comply with all of its provisions within 120 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 chapter, all new construction and/or applicable change of use within the Town of Williamstown shall comply with the provisions of this chapter.
(2) 
Certification of conformance with the provisions of this chapter by the Board of Health shall be required prior to issuance of construction and occupancy permits.
[1]
Editor's Note: See chapter history.

§ 142-7 Violations and penalties.

Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of this chapter is subject to a fine as stated in Chapter 1, General Provisions, Article II, Noncriminal Disposition, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.

§ 142-8 Appeals.

[Added 2-7-2011[1]]
A. 
Any person or persons aggrieved by any order issued under this chapter may appeal by filing a written petition for hearing to the Board of Health, which must be received within 10 days after the day the order was served.
B. 
The hearing shall be commenced not later than 14 days after the receipt of a petition.
C. 
At the hearing the petitioner and other affected parties shall be given an opportunity to be heard, to present witnesses or documentary evidence, and to show why an order should be modified or withdrawn. Failure to hold a hearing within the time period specified herein shall not affect the validity of any order.
D. 
The Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner.
E. 
Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
[1]
Editor's Note: This amendment also renumbered former § 142-8 as § 142-9.

§ 142-9 Severability.

Each provision of this chapter 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.