[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.]
GENERAL REFERENCES
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.
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).
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.
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.
The Fire Chief of the Town of Braintree and shall include
any designee of the Fire Chief.
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.
Any liquid having a flash point below 100° F.
Any liquid that ignites spontaneously in dry or moist air at
or below 130° F.
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").
Oil of grades 1, 2, 4, 5 and 6 in accordance with MGL c.
94, § 249H.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
The registration form shall be designated by the Board of Health
and shall include the following information:
A.
Business/facility name.
B.
Business/facility address.
C.
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.
D.
Twenty-four-hour emergency contact phone number.
E.
Alternate contact name.
F.
Alternate contact phone number.
G.
Types of hazardous materials, oils, or hazardous waste stored, used
or generated on site which shall include the following:
(1)
Name of material.
(2)
Hazard type.
(3)
Maximum quantity.
(4)
Container(s).
(5)
Storage location; include underground containers and material
stored in each.
(6)
Attach a diagram of storage areas and/or process areas.
(7)
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).
(8)
Maximum quantity: maximum stored on site at any one time.
(9)
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).
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
A.
Registration required in this chapter shall be submitted by November
1, 1983, and annually thereafter by November 1 of each year.
B.
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
A.
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:
(1)
West Street from the Randolph/Braintree Town line to its intersection
with Washington Street.
(2)
Pond Street from the Randolph/Braintree Town line to its intersection
with Washington Street.
(3)
Granite Street from its intersection with Pond Street to West Street.
(4)
Washington Street from its intersection with Pond Street to its intersection
with Franklin Street.
(5)
Franklin Street from its intersection with Washington Street to West
Street.
B.
Said vehicle shall go directly to its point of destination.
C.
This section shall be enforced by the Braintree Police Department.
[1]
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).[2]
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
All businesses/facilities shall provide adequate employee training
programs to ensure the proper use, storage, transportation and handling
of hazardous materials.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
[1]
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.
[1]
Note: This section was previously amended ATM 5-14-2002 by
Art. 39.
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.
