Town of Foxborough, MA
Norfolk County
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[HISTORY: Adopted by the Town Meeting of the Town of Foxborough as Art. V, § 5, of the General Bylaws. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 275.
This bylaw is adopted by the Town of Foxborough under its home rule powers, and its authorization under MGL c. 40, § 21.
The purpose of this bylaw is to protect, preserve, and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface water within the Town from contamination, and to protect the public health and welfare.
The provisions of this bylaw shall apply Town wide, except as specifically noted.
The following definitions shall apply in the interpretation and implementation of this bylaw:
DISCHARGE
The disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material or any constituent thereof into or on any land or water so that such material may enter the environment or be emitted into the air or discharged into waters, including groundwaters.
FLAMMABLE FLUID
Any fluid which will emit a vapor which can be ignited by a flame or spark.
HAZARDOUS MATERIAL
A product, waste, or combination of substances which, because of quantity, concentration, or physical, chemical, or infectious characteristics, poses a significant hazard to human health or safety if improperly treated, stored, transported, used, disposed of, or otherwise managed. Among others, any substance deemed a "hazardous waste" under Massachusetts General Laws Chapter 21C, as amended, or regulated substances defined under Subtitle 1, § 9001, of the Resource Conservation and Recovery Act, as amended, shall be considered a toxic or hazardous material for purposes of this bylaw.
A. 
Registration.
(1) 
Anyone storing hazardous materials in quantities totaling more than 25 pounds dry weight or 50 gallons liquid shall file MSDS sheets and register with the Fire Department and Board of Health the types, quantities, location, and methods of storage of said hazardous materials. Registration required by this provision shall be initially submitted within 30 days of such storage and annually thereafter.
(2) 
Anyone meeting the registration requirement for the first time shall register initially within 30 days of meeting such requirements and thereafter each year.
(3) 
The Health Agent shall maintain and make available a listing of materials deemed to be hazardous on a standard form which will be known as the "hazardous materials registration form." The Board of Health shall make the completed forms readily available to the police, fire department, emergency response personnel, and any other Town official requesting same.
B. 
Inventory.
(1) 
In addition to registration, owners or operators of commercial, industrial, or municipal establishments, including home occupations and agriculture, registered in accordance with Subsection A(1) or (2) above shall maintain on the premises an inventory, reconciled on a monthly basis, of purchase, sale, use, and disposal of hazardous materials. The purpose of this inventory is to detect any product loss and to provide ongoing record of all quantities of hazardous materials within the Town of Foxborough over the registration period.
(2) 
Owners or operators shall produce the latest reconciled inventory within 24 hours of request by the Fire Department or the Health Agent.
(3) 
Storage of flammable fluids are also subject to inventory control under 527 CMR 9.00, Board of Fire Prevention Regulations for Tanks and Containers.
C. 
Aboveground storage.
(1) 
Wastes containing hazardous materials shall be held on the premises in product-tight containers for removal by a licensed carrier and for disposal in accordance with the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws Chapter 21C.
(2) 
Aboveground containers of hazardous materials shall be stored on a surface impervious to the material being stored. The storage area shall be enclosed by a dike of impermeable construction, with provisions for rainwater shelter or removal. The volume of the area enclosed by the dike shall be equal to or greater than 120% of the capacity of the containers within the dike.
D. 
Existing underground storage tanks. Owners of every underground storage facility, including fuel storage tanks, that has been installed prior to the effective date of this bylaw shall provide the Fire Department and Board of Health the following information by January 1, 1994:
(1) 
Name, address and telephone number (day and night) of the owner;
(2) 
Name, address and telephone number (day and night) of the operator;
(3) 
The number of tanks on the property and the capacity and contents of each tank;
(4) 
Evidence of the date of purchase and installation of each tank, including license and Fire Department permit, if any;
(5) 
A map to scale showing the location of all tanks on the property.
E. 
New or replacement underground tanks. The following provisions apply to new or replacement underground tanks:
(1) 
All new and replacement tanks shall be designed and constructed to minimize the risk of corrosion and leakage, and shall comply with the provisions of 527 CMR 9.00, Board of Fire Prevention Regulations for Tanks and Containers, whether storing flammable fluids or not.
(2) 
The Fire Chief and/or Board of Health may prohibit placement or replacement of a tank or approve it subject to conditions if a determination is made that placement or replacement constitutes a danger to a public or private water supply, by reason of its proximity to any public or private well, groundwater supply, groundwater recharge area, or body of surface water or for any other reasons which would constitute a danger to public or private water supply.
F. 
Testing and defects.
(1) 
All tanks not regulated by 527 CMR 9.00 shall be subject to test conducted at the owner's expense at installation, 10 years after installation, 15 years after installation, and annually thereafter, or if evidence of installation date is not available as directed by the Fire Chief. The test shall meet the requirements of NDPA Pamphlet 329 criteria for better than 0.05 gallon per hour accuracy, and shall meet the requirements of 527 CMR 9.00 for storage of flammable liquids.
(2) 
Owners of tanks for which evidence of installation date is not available shall, at the order of the Board of Selectmen, have such systems tested as per Subsection F(1). If the Health Agent determines that the tank is not product-tight, it shall be disposed of under his direction or, if involving flammable liquids, under the direction of the Fire Chief.
(3) 
All leaking tanks must be emptied by the owner or operator within 12 hours of leak detection and removed by owner or operator in a period of time not longer than that determined by the Board of Health or, if having jurisdiction, the Fire Chief. Repair rather than removal of known leaking tanks is not permitted.
G. 
Abandonment of tanks.
(1) 
Except as provided in Subsection G(2) below, no tank may be abandoned in place. Aboveground tanks shall be disposed of after being emptied of all products. Any underground storage tank out of service for a period in excess of six months shall be considered abandoned. Any tank taken out of service (even temporarily) shall be emptied of all hazardous materials under the direction of the Fire Chief if involving flammable liquids, and otherwise under direction of the Board of Health. The product and tank shall be disposed of at the owner's expense as directed by the official directing.
(2) 
If the owner of a tank used for storage of nonflammable materials, which is located under a building and which cannot be removed from the ground without first removing the building, decides to abandon it, the owner shall promptly notify the Fire Chief and the Building Commissioner, have all hazardous materials removed from the tank and the tank filled with sand or other inert material as directed by the Fire Chief and/or the Building Commissioner.
(3) 
The owner of a tank which will be out of service for less than six months shall promptly give notice of the decision to the Fire Chief if involving flammable liquids, or otherwise to the Board of Health, and where that tank is subsurface, the materials remaining shall be removed from the tank and disposed of as directed.
Within the Water Resource Protection Overlay District (as established in the Foxborough Zoning Bylaw[1]), the following additional requirements apply:
A. 
New tanks. As of November 29, 1993, new installation of tanks for the underground storage of hazardous material is prohibited.
B. 
Replacement tanks.
(1) 
Replacement tanks for underground storage must not be of greater storage capacity than the tanks they replace.
(2) 
Replacement tanks shall have complete secondary containment, including piping with overfill detection, monitoring devices and alarms as designed and certified by a registered professional engineer. Such installation shall be annually certified as operational to the satisfaction of the Fire Chief.
C. 
Herbicides and pesticides. Notice of planned application of herbicides or pesticides by municipal agencies or commercial contractors must be provided to the Board of Health at least 14 days prior to application in order to allow review regarding consistency with the pesticide label and state pesticide regulations.
[1]
Editor's Note: See Ch. 275, Zoning.
The Board of Selectmen may, unless otherwise required by law, vary the application of any provision of this bylaw in any case when, in its opinion, the applicant has demonstrated that a degree of environmental protection equivalent to that required under this bylaw will still be achieved, and that all other applicable requirements, including those of 527 CMR 9.00, will be met. The applicant, at his own expense, must notify all abutters by certified mail at least 14 days before the hearing at which such variance request will be considered. The notification shall state the variance sought and the reasons therefor. The Board of Selectmen shall also notify the Water Department, Planning Board, Fire Chief, and Building Inspector of any variance requested under this section, for their response in writing. Any variance granted by the Board of Selectmen shall be in writing; any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial.
A. 
All discharges of hazardous materials within the Water Resource Protection Overlay District are prohibited.
B. 
Any persons having knowledge of any discharge of hazardous materials within such area shall immediately report the discharge to the Fire Department, which shall alert the Board of Health.
C. 
The Board of Health or its agents may enter upon privately owned property for the purpose of performing their duties under this bylaw.
D. 
Any person who violates any provision of this bylaw shall be punished by a fine of not more than $100. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition shall constitute a separate offense. Upon the request of the Board of Health, the Board of Selectmen shall take such legal action as is necessary to enforce this bylaw.
The invalidity of any provisions of this bylaw shall not affect the validity of the remainder.