[HISTORY: Adopted by the Annual Town Meeting
of the Town of Williamstown 5-22-1990, Art. 42. Amendments noted where applicable.]
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.
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.
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.
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.
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 Select
Board Members, that the nature of the materials being stored makes
such departure appropriate, and will result in no compromise in the
prevention of hazard.
[Amended 5-17-2022 ATM, Art. 32]
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).
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.
[Amended 5-17-2022 ATM, Art. 32]
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 Select Board shall take such legal action as is
necessary to enforce this chapter.
