Town of Rockland, MA Chapter 397 Toxic and Hazardous Materials

[HISTORY: Adopted 4-7-1986 ATM, Art. 49 (Section V, J, of the 5-1-2005 printing of the Zoning Bylaws). Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 415.

§ 397-1 Prohibitions.

A. The discharge of toxic or hazardous materials within the Town of Rockland 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 § 397-2 of this bylaw. For purposes of this subsection, road salts and fertilizer shall be considered as hazardous materials.

§ 397-2 Storage controls, registration and inventory.

A. 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 a cumulative quantity totaling at any time more than 50 gallons liquid volume or 25 pounds dry weight, shall register with the Municipal Coordinator the types and qualities of materials stored, location and method of storage. The Municipal Coordinator will require that an inventory of such materials be maintained on the premises. Registration required by this subsection shall be submitted within 60 days of the effective date of this bylaw, and annually thereafter. Exemptions: registration and inventory requirements shall not apply to the following:

(1) Fuel oil stored in conformance with Massachusetts Fire Prevention Regulations and regulations of the Rockland Board of Health for the purpose of heating buildings located on the site; or

(2) 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 use, as defined by § 415-37 of the Zoning Bylaws of the Town of Rockland.

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 Municipal Coordinator 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 or vandalism.

§ 397-3 Report of spills and leaks.

Every person having knowledge of a spill, leak, or other loss of toxic or hazardous materials believed to be in excess of 10 gallons shall immediately report the spill or loss of same to the Municipal Coordinator or other public safety official.

§ 397-4 Enforcement.

A. The provisions of this bylaw shall be enforced by the Municipal Coordinator or Zoning Enforcement Officer. The agent of the Municipal Coordinator may, according to law, enter upon any premises at any reasonable time to inspect for compliance.

B. Upon request of an agent of the Municipal Coordinator, 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 bylaw, 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, per the Massachusetts Right to Know Law.[1] A sample of wastewater disposed to on-site septic systems drywells, or sewage treatment systems may be required by the agent of the Municipal Coordinator.

[1] Editor's Note: See MGL c. 111F.

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 Municipal Coordinator.

D. Certification of conformance with the requirements of this bylaw by the Municipal Coordinator shall be required prior to issuance of construction and occupancy permits for any nonresidential uses.

§ 397-5 Violations and penalties.

Penalty for failure to comply with any provisions of this bylaw shall be $300 per day of violation.

§ 397-6 Definitions.

DISCHARGE

A. 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 of the Town of Rockland. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems, and disposal 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.

B. The term, "discharge," as used and applied in this bylaw does not include the following:

(1) Proper disposal of any material in a sanitary or industrial landfill that has received and maintained all necessary legal approvals for that purpose;

(2) Application of fertilizers and pesticides in accordance with label recommendations and with regulations of the Massachusetts Pesticide Control Board;

(3) Application of road salts in conformance with the Snow and Ice Control Program of the Massachusetts Department of Public Works; and

(4) Disposal of "sanitary sewage" to subsurface sewage disposal systems as defined and permitted by Title 5 of the Massachusetts Environmental Code.

TOXIC OR HAZARDOUS MATERIAL

A. 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 in this Town. "Toxic or hazardous materials" include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents and thinners.

B. The Municipal Coordinator may, consistent with this definition, and by authority of MGL c. 111, § 31, issue regulations further identifying specific materials and activities involving the use of materials which are toxic or hazardous.

§ 397-7 Severability.

Each provision of this bylaw 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.

§ 397-8 Purposes and intent.

A. The groundwater underlying this Town is a source of its existing and future water supply, including drinking water;

B. Accidental spills and discharges of petroleum products and other toxic and hazardous materials have threatened the quality of such groundwater supplies and related water resources, posing potential public health and safety hazards and threatening economic losses to the affected communities;

C. Unless preventive measures are adopted to prohibit discharge of toxic and hazardous materials and to control their storage within the Town, further spills 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 Rockland.