[HISTORY: Adopted by the Board of Health of the Town of Dennis. Amendments noted where applicable.]
The Board of Health of the Town of Dennis finds that:
The groundwater underlying this town is the sole source of its existing and future water supply, including drinking water.
The groundwater aquifer is integrally connected with and flows into the surface waters, lakes, streams and coastal estuaries which constitute significant recreational and economic resources of the town used for bathing and other water-related recreation, shellfishing and fishing.
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 on Cape Cod and in other Massachusetts towns, posing potential public health and safety hazards and threatening economic losses to the affected communities.
Unless preventative 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 Dennis and on Cape Cod.
The foregoing conclusions are confirmed by findings set forth in the environmental impact statement and Water Quality Management Plan for Cape Cod (September 1978), prepared by the Cape Cod Planning and Economic Development Commission pursuant to Section 208 of the Federal Clean Waters Act; by the report entitled "Chemical Contamination" (September 1979) prepared by the Special Legislative Commission on Water Supply, Commonwealth of Massachusetts; and by the report Chemical Quality of Ground Water, Cape Cod, Massachusetts (1979), prepared by the United States Geological Survey.
The Board of Health of the Town of Dennis adopts the following regulations under the provisions of MGL C. 111, § 31.
The term "discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of toxic or hazardous material upon or into any land or waters in the Town of Dennis. The term "discharge," as used and applied in this regulation, does not include 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 Pesticide Control Board.
Application of road salts in conformance with the Snow and Ice Control Program of the Massachusetts Department of Public Works.
Disposal of sanitary sewage to subsurface sewage disposal systems as defined and permitted by Title V of the Massachusetts Environmental Code.
The term "toxic or hazardous material" means any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant actual or potential hazard to water supplies or other hazard to human health if such substance or mixture were discharged onto land or in the waters of this town. "Toxic or hazardous materials" include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalines and include 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:
The discharge of toxic or hazardous materials upon the ground or into any surface or ground waters within the Town of Dennis is prohibited.
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 § 250-5 of this regulation. For purposes of this subsection, road salts and fertilizer shall be considered as hazardous materials.
Wastes containing toxic or hazardous materials 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.
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. Containers shall be stored in such a way to facilitate visual inspection of each container for damage and leakage.
Every spill, leak or other loss of toxic or hazardous materials believed to be in excess of twenty (20) gallons shall be reported to the Board of Health within two (2) hours of detection.
The provisions of this 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.
Upon request of an agent for 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 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.
Written notice of any violation of this regulation shall be given 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 a time for compliance. Requirements specified in such a notice shall be reasonable in relation to the public health hazard involved and the difficulty of compliance. The cost of containment and cleanup shall be borne by the owner and operator of the premises.
The penalty for failure to comply with the provisions of this regulation shall be twenty dollars ($20.) per day of violation.
Each provision of this regulation 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.