[HISTORY: Section 15 of the Plainville Board of Health Regulations.
Amendments noted where applicable.]
A.
Whereas:
(1)
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
(2)
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
(3)
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
(4)
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
(5)
Surface
and ground water resources in the Town of Plainville contribute to
the Town's drinking water supplies;
The Town of Plainville Board of Health adopts the following
regulation pursuant to authorization granted by MGL c. 111, §§ 31
and 122. The regulation shall apply, as specified herein, to all applicable
facilities, existing and new, within the Town of Plainville.
For the purposes of this regulation, the following words and
phrases shall have the following meanings:
A public or private establishment where the principal use
is to 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; and hospitals.
The Massachusetts Department of Environmental Protection.
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
water or any constituent thereof may enter the land or water 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
of sewage disposal system.
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.
Any subsurface structure through which a fluid that is introduced
will pass and enter the environment, including, but not limited to,
drywells, leaching catch basins, cesspools, leach fields, and oil/water
separators that are not watertight.
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.
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 Plainville.
"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 c. 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.
The handling, generation, treatment, storage, or management
of toxic or hazardous materials.
With the exception of discharges that have received (or have
applied and will receive) a Department issued permit prior to the
effective date of this regulation, no floor drain(s) 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.
The owner of a facility in operation prior to the effective date of this regulation with a prohibited, as defined under § 602-4, 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 tight holding tank that meets all applicable
requirements of Department policies and regulations, with hauling
records submitted to the Plainville Board of Health at the time of
hauling;
(b)
Connected to a municipal sanitary sewer line, if available,
subject to all applicable Department and local permits; or
(c)
Permanently sealed. Any facility sealing a drain shall be required
to submit for approval to the Board of Health prior to any activity,
a hazardous waste management plan detailing the means of sealing and
procedures for collecting, storing, and disposing any hazardous waste
generated by the facility, including any spill, or other discharge
of hazardous material or wastes.
B.
Compliance with all provisions of this regulation must be accomplished
in a manner consistent with Massachusetts Plumbing, Building, and
Fire Code; and with all Department and other applicable local requirements.
C.
Upon complying with one of the options listed under Subsection A(3), the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's underground injection control, UIC, notification form, with the Department, and sending a copy to the Plainville Board of Health.
The effective date of this regulation is February 5, 2003.
A.
Existing facilities.
(1)
Owners/operators of a facility affected by this regulation 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 regulation, all new construction
and/or applicable change of use within the Town of Plainville shall
comply with the provisions of this regulation.
(2)
Certification of conformance with the provisions of this regulation
by the Board of Health shall be required prior to issuance of construction
and occupancy permits.
Failure to comply with provisions of this regulation will result
in the levy of fines of not less than $200, but no more than $1,000.
Each day's failure to comply with the provisions of this regulation
shall constitute a separate violation.
