[HISTORY: Adopted by the Board of Health of the Town of Walpole effective 7-9-1985;
last amended 10-26-1993. Subsequent amendments noted where
applicable.]
The Town of Walpole Board of Health finds that:
A.
The groundwater underlying this Town is the sole source
of its existing and future water supply, including drinking water;
B.
The groundwater aquifer is integrally connected with,
and flows into, lakes and streams which constitute significant recreational
and economic resources of the Town used for bathing and other water-related
recreation.
C.
Accidental spills and discharges of petroleum products
and other toxic and hazardous materials have repeatedly threatened the quality
of such groundwater supplies and related water resources in other Massachusetts
towns, posing potential public health and safety hazards and threatening economic
losses to the affected communities; and
D.
Unless preventive measures are adopted to prohibit discharge
of toxic and hazardous materials and to control their storage within the Town,
further spills and discharges of such materials will predictably occur and
with greater frequency and degree of hazard by reason of increasing construction,
commercial and industrial development, population and vehicular traffic in
the Town of Walpole.
The Walpole Board of Health adopts the following regulations under its
authorization under MGL c. 111, § 31.
As used in this chapter, the following terms shall have the meanings
indicated:
The accidental or intentional spilling, leaking, pumping, pouring,
emitting, emptying or dumping of toxic or hazardous material upon or into
any land or water of the Town of Walpole.
"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 sewage disposal system, drywell, catch basin or
unapproved landfill.
The term "discharge" as used and applied in this regulation does not
including the following:
Proper disposal of any material in a sanitary or industrial landfill
that has received and maintained all necessary legal approvals for that purpose;
Application of fertilizers and pesticides in accordance with label recommendations
and with regulations of the Massachusetts Pesticide Control Board;
Application of road salts in conformance with the Snow and Ice Control
Program of the Massachusetts Department of Public Works; and
Disposal and "sanitary sewage" to subsurface sewage disposal systems
as defined and permitted by Title 5 of the Massachusetts Environmental Code.
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose (in the judgment of the Board of Health) a significant
actual or potential hazard to water supplies or other hazard to human health,
if such substance or mixture were discharged in this Town. Any substance deemed
a hazardous waste in MGL c. 21C shall be deemed a hazardous material. "Toxic
or hazardous materials" include, without limitation, organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes, acids and alkalies
and includes products such as pesticides, herbicides, solvents and thinners.
The following activities, without limitation, are presumed to involve the
use of toxic or hazardous materials, 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.
Motor and machinery service and assembly.
Painting, wood preserving and furniture stripping.
Pesticide and herbicide application.
Photographic processing.
Printing.
A.
The discharge of toxic or hazardous materials within
the Town of Walpole is prohibited.
B.
Outdoor storage of toxic or hazardous materials is prohibited, except in product-tight containers which are protected from the elements, leakage, accidental damage and vandalism, and which are stored in accordance with all applicable requirements of § 799-5 of this regulation. For purposes of this subsection, road salts and fertilizer shall be considered as hazardous materials.
A.
Registration; inventory.
(1)
Except as exempted below, every owner, and every operator
other than an owner, of a site at which toxic or hazardous materials are stored
in quantities totaling at any times more than 50 gallons' liquid volume or
25 pounds' dry weight, shall register with the Board of Health the types and
quantities of materials stored, location and method of storage. The Board
of Health may require that an inventory of such materials 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 regulation and annually thereafter. Maintenance and reconciliation
of inventories shall begin within the same sixty-day period.
(2)
Exemptions: registration and inventory requirements shall
not apply to the following:
(a)
Fuel oil stored in conformance with Massachusetts Fire Prevention
Regulations and regulations of the Walpole Board of Health for the purpose
of heating buildings located on the site; or
(b)
The storage of toxic and hazardous materials at a single-family
or two-family dwelling, except where such materials are stored for use associated
with a professional or home occupation uses as defined by Section _____ of
the Zoning Bylaws of the Town of Walpole.[1]
[1]
Editor's Note: So in original.
B.
Toxic or hazardous wastes shall be held on the premises
in product-tight containers and shall be removed and disposed of in accordance
with the Massachusetts Hazardous Waste Management Act, MGL c. 21C.
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 provisions be made to
contain the product in the case of accidental spillage.
Every person having knowledge of a spill, leak or other loss of toxic
or hazardous materials shall immediately report the spill or loss of same
to the Board of Health or other public safety official.
A.
The provisions of the regulation shall be enforced by
the Board of Health. The agent 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 an agent of the Board of Health, the
owner or operator of any premises at which toxic or hazardous materials are
used or stored shall furnish all information required to enforce and monitor
compliance with this regulation, including a complete list of all chemicals,
pesticides, fuels and other toxic or hazardous materials used or stored on
the premises, 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 of wastewater disposed
to on-site septic systems, drywells or sewage treatment systems may be required
by the agent of the Board of Health.
C.
All records pertaining to storage, removal and disposal
of toxic or hazardous materials shall be retained by the owner or operator
for no less than three years, and shall be made available for review upon
the request of the agent of the Board of Health.
D.
Certification of conformance with the requirements of
this regulation by the Board of Health shall be required prior to issuance
of construction and occupancy permits for any nonresidential uses.
Written notice of any violation of this regulation shall
be given to the owner and operator by the agent 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 for a schedule of compliance.
Requirements specified in such a notice shall be reasonable in relation to
the public health hazards involved and the difficulty of compliance. The cost
of containment and cleanup shall be borne by the owner of the premises.
Penalty for failure to comply with any provisions of this regulation shall be subject to a fine after notice thereof under § 799-8 above of $50 per day per violation and/or court action.