[HISTORY: Adopted by the Town Council of the Town of Braintree 12-7-2010 by Ord. No. 10-040 (former Ch. 8.16 of the Town Bylaws, which derived from prior code Ch. 92). Amendments noted where applicable.]
Flammable storage license fee — See Ch. 8.200.
This chapter is adopted by the Town under its home rule powers, its police powers to protect the public health and welfare, and its authorization under MGL c. 40, § 21.
This chapter is intended to protect the public health, safety and welfare, and the environment, as well as to preserve and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface waters within the Town from contamination with hazardous materials.
The following definitions shall apply in the interpretation and implementation of this chapter:
- A product or material which decomposes at a significant rate into nontoxic materials by natural biological processes.
- The Code of Massachusetts Regulations.
- Any liquid having a flash point above 100° F. and below 200° F.
- Any portable device in which hazardous materials or wastes are stored, transported, treated, disposed of or otherwise handled.
- Any liquid or solid that causes destruction of human skin tissue or a material that has a severe corrosive rate on steel.
- The Department of Environmental Protection and/or its successors.
- The disposal, deposit, injection, dumping, spilling, escape, incineration or placing of any hazardous material or waste into or on any land, water or air. "Discharge" includes, without limitation, leakage of such hazardous material or wastes from containers, tanks or storage systems, or disposal of such materials or wastes into any sewage disposal systems, dry well, catch basin or landfill.
- DOUBLE-WALLED TANK
- A container with two complete shells which provide both primary and secondary containment. The container shall have continued 360° interstitial space between the primary and secondary shells. The interstitial space shall be designed so that an approved interstitial space monitor is able to continuously monitor this space. All double-walled tanks shall be UL-listed (Underwriters Laboratories).
- EMERGENCY RESPONSE PLAN
- A document setting an organized, planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous materials which could threaten public health, safety, welfare or the environment. A contingency plan prepared in accordance with 310 CMR 30.520 through 30.524 (Massachusetts Hazardous Waste Regulations) may be submitted in lieu of this plan.
- ETIOLOGIC AGENT
- Any viable microorganism or its toxin which causes or may cause human disease.
- A commercial or industrial facility, including a home business that is registered in accordance with this regulation.
- FIRE CHIEF
- The Fire Chief of the Town of Braintree and shall include any designee of the Fire Chief.
- A. Any solid material, other than an explosive, which is liable to cause fires through friction, absorption of moisture, spontaneous chemical change, retained heat from manufacturing or processing, or which can be ignited readily and, when ignited, burns so vigorously and persistently as to create a serious transportation hazard.
- B. Any liquid having a flash point below 100° F.
- C. Any liquid that ignites spontaneously in dry or moist air at or below 130° F.
- D. Any compressed gas meeting that requirement for lower flammability limit range, flame projection or flame propagation criteria as specified by the United States Department of Transportation ("DOT").
- FUEL OIL
- Oil of grades 1, 2, 4, 5 and 6 in accordance with MGL c. 94, § 249H.
- HAZARDOUS MATERIAL
- A product or waste or combination of substances which because of quantity, concentration, physical, chemical or infectious characteristics may reasonably pose, in the determination of the enforcing authority, a substantial present or potential hazard to the human health, safety or welfare, or the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. Any substance which may create a special hazard in the event of a spill, leak, fire or exposure, and all substances regulated as radioactive, explosive, combustible, corrosive, flammable, oxidizer, poison, an etiologic agent or any other material defined by, but not limited to, the United States Department of Transportation, shall be considered a hazardous material for the purpose of this chapter.
- HAZARDOUS MATERIAL GENERATOR
- Any commercial enterprise, government agency, owner or operator who produces, prepares, imports or compounds hazardous material or waste by combining previously nonhazardous materials to create hazardous materials.
- HAZARDOUS MATERIAL USER
- Any commercial enterprise, government agency, owner or operator who utilizes hazardous materials or waste for any purposes other than those specifically exempt from the requirements of this chapter.
- HEALTH HAZARD
- Any chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur to exposed employees. The term "health hazard" includes but is not limited to chemicals which are carcinogens, mutagens, toxins, irritants, corrosives, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which sensitize or damage the lungs, skin, eyes or mucous membranes.
- Any liquid or solid substance which upon contact with fire, or when exposed to air, gives off dangerous or intensely irritating fumes, but is not a poisonous material.
- Any written, printed or graphic material displayed or affixed to containers of toxic or hazardous materials.
- The Local Emergency Planning Committee.
- MATERIAL SAFETY DATA SHEET (MSDS)
- A form containing data on physical, chemical and hazardous characteristics, health and safety hazards of specific chemicals, procedures recommended for spills and leaks of specific chemicals, and special protection and precautions to be taken in the handling of specific chemicals.
- The lessee or person(s) in control of and having responsibility for the daily operation of a facility for the storage and dispensing of toxic and hazardous materials.
- OTHER REGULATED MATERIALS (ORM)
- Any material that does not meet any other definition of a hazardous material but is an anesthetic, noxious, toxic or contains any other similar property, or has a characteristic which makes it unsuitable for shipment or storage unless properly identified and prepared for transportation or storage, or presents a limited hazard during transportation or storage due to its form, quantity or packaging, or has otherwise been classified as a hazardous material.
- Any person with effective control or legal ownership of a site, facility, or activity.
- Any substance that yields oxygen readily to stimulate the combustion of organic matter.
- PHYSICALLY HAZARDOUS
- A chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
- Any poisonous gas or liquid of such nature that a very small amount of the gas or vapor of the liquid mixed with air is dangerous to life; or any substance, liquid or solid, which is known to be so toxic to man as to afford a hazard to health during transportation or storage; or which, in the absence of adequate data on human toxicity, is presumed to be toxic to man.
- Any material, or combination of materials, that spontaneously emits ionizing radiation, and having a specific activity greater than 0.002 microcuries per gram.
- Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any toxic or hazardous material into the environment.
- REPORTABLE DISCHARGE
- Any discharge which could threaten public health or safety or the environment by entering the surface water, groundwaters, or water recharge areas or by emitting toxic fumes or gases into the air. Discharges which are in compliance with all federal, state and local regulations or which are permitted by governing federal, state or local agencies are not considered reportable discharges.
- The holding of any hazardous materials or wastes for more than 24 hours.
- Any stationary device used to store or to contain an accumulation of hazardous materials or wastes.
- UNDERGROUND STORAGE TANK (UST)
- A storage tank where 10% or more of the tank volume and piping is buried below the ground surface, but shall not include storage in a freestanding container within a building.
- An establishment, job site, or project, at one geographical location containing one or more work areas.
Every owner or operator for each commercial and industrial establishment (including municipal, state and federal operations) which stores, transports, uses, handles, or otherwise manages hazardous materials shall register with the Health Department. Also required are proper permits from the Braintree Fire Department.
The registration form shall be designated by the Board of Health and shall include the following information:
Twenty-four-hour emergency contact name. This individual must be knowledgeable in the types of hazardous materials used at the business/facility, proper storage and handling procedures, familiar with emergency response procedures and authorized to enact such procedures.
Twenty-four-hour emergency contact phone number.
Alternate contact name.
Alternate contact phone number.
Types of hazardous materials, oils, or hazardous waste stored, used or generated on site which shall include the following:
Name of material.
Storage location; include underground containers and material stored in each.
Attach a diagram of storage areas and/or process areas.
Hazard type; hazard types include: corrosive (C), irritant (I), oxidizer (0), combustible (D), flammable (F), explosive (E), reactive (R), toxic (T), poison (P), etiological agent (A), and radioactive (N).
Maximum quantity: maximum stored on site at any one time.
Container(s): list type, size and construction material of the containers (i.e., one-gallon plastic bottles, fifty-five-gallon drums, one-thousand-gallon steel UST).
Registration required in this chapter shall be submitted by November 1, 1983, and annually thereafter by November 1 of each year.
Owners and operators of commercial or industrial establishments who have not previously registered, if they meet registration requirements, shall register initially within 30 days of meeting such requirements and thereafter by November 1 of each year.
Any owner/operator registering storage of hazardous materials pursuant to § 8.600.040 shall pay to the Town a registration fee as determined by the Board of Health. Such a fee shall be due on the same date as the annual registration. Failure to pay shall constitute a violation and shall be subject to the penalties of § 8.600.210 of this chapter.
All hazardous materials within the Town must be stored, handled, transported and used in such a way as to minimize any discharge of any hazardous material to ensure maximum protection of the environment and the public health, safety and welfare.
The transportation of any materials listed on the Environmental Protection Agency's SARA Title III extremely hazardous material list is prohibited on the following public ways:
West Street from the Randolph/Braintree Town line to its intersection with Washington Street.
Pond Street from the Randolph/Braintree Town line to its intersection with Washington Street.
Granite Street from its intersection with Pond Street to West Street.
Washington Street from its intersection with Pond Street to its intersection with Franklin Street.
Franklin Street from its intersection with Washington Street to West Street.
Said vehicle shall go directly to its point of destination.
This section shall be enforced by the Braintree Police Department.
Note: This section was originally added STM 5-1-1989 by Art. 4 and amended ATM 5-16-1990 by Art. 46 and ATM 5-14-2002 by Art. 39.
Each business/facility must keep a file at a location known and accessible to all emergency response personnel, material safety data sheets on all hazardous materials stored or used at the facility. These data sheets must be available to the Health Department and Fire Department during inspections, investigations or in the event of an emergency. Data sheets must be made available to all employees (Right to Know Law).
Each business/facility must keep on file at a location known and accessible to all emergency response personnel an emergency response plan. This plan must detail the procedures to be used for prevention and control of emergencies, the emergency equipment available on site, outside agencies and organizations which would be notified and/or may provide assistance in an emergency, and an evacuation plan for personnel.
All businesses/facilities shall provide adequate employee training programs to ensure the proper use, storage, transportation and handling of hazardous materials.
All businesses/facilities registered in accordance with § 8.600.040 of this chapter must keep sufficient records to provide best estimates of quantities of hazardous materials on site.
In the event of a spill, leak or unexpected release, each owner or operator must take immediate steps to contain the hazardous material to ensure that such materials do not enter surface waters or groundwaters, sewer or septic systems, land, or air, and shall remove and dispose of such materials in accordance with all applicable local, state and federal regulations.
In the event that the Health Department or its agent(s) is unable to contact the owner/operator to institute emergency response procedures to contain a discharge, then the Board of Health shall invoke its emergency power as granted under MGL c. 111 and any other authority. The owner/operator will be responsible for all costs incurred by the Town during this emergency response.
Any person having knowledge of a reportable discharge of hazardous material shall immediately report the discharge to the Health, Police and Fire Departments and LEPC Chairman.
The Board of Health shall establish rules and regulations consistent with, and as may be necessary to promulgate, a comprehensive code for the safe storage, use and handling of hazardous materials.
All geotechnical test borings, probes, pits and wells that penetrate the groundwater table shall be sealed after the investigation of the properties of the soil and rock with a cement bentonite material from the bottom to ground surface of the test boring, probe, pit and well to prevent the potential contamination of the groundwater table by hazardous materials. The Director of Planning and Community Development, in association with the Conservation Commission and the hazardous materials coordinator of the Town, shall promulgate regulations for the issuance of permits for the investigation of soil, rock, groundwater and other materials located below the surface of the earth. These regulations shall include procedures for sealing any penetrations into the water table and the methods for reporting results to the Conservation Commission of any investigations used to determine the physical properties of the soil, rock and contaminants found in the groundwater of the Town.
Note: This section was originally added ATM 5-3-1995 by Art. 19.
The Board of Health may vary the application of any provision of this chapter, unless otherwise required by law, when, in its opinion, the applicant has demonstrated that an equivalent degree of environmental protection required under this chapter will still be achieved. The applicant at his/her own expense must notify all abutters by certified mail at least 10 days before the Board of Health meeting at which the variance request will be considered. The notification shall state the variance sought and the reasons therefor. Any variance granted by the Board of Health shall be in writing and shall contain a brief statement of the reasons for its decision.
The Board of Health or its agent(s) shall be the enforcing authority of this chapter and may enter upon privately owned property for the purpose of performing their duties under this chapter.
Any owner/operator who violates any provision of this chapter shall be punished by a fine of not more than $250 in addition to all costs incurred to the Town associated with each violation. Each day or portion thereof during which a violation continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. This chapter may be enforced pursuant to MGL c. 40, § 21D, by the Police Department or Health Department.