Town of Cohasset, MA
Norfolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Meeting of the Town of Cohasset as Art. XIII of the 1988 General Bylaws; amended 8-17-2001. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 112.
Mercury thermometers — See Ch. 165.
The purpose of this chapter 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 following definitions shall apply in the interpretation and implementation of this chapter:
COMMERCIAL OR INDUSTRIAL FACILITY
Public or private establishment where the principal use is the supply, sale, and/or manufacture of services, products, or information, including but not limited to manufacturing, processing, or other industrial operations; wholesale establishments; service or retail establishments; printing or publishing establishments; research and development facilities; small quantity or very small quantity generators of hazardous waste as defined by the Department; laboratories; hospitals; schools. This definition shall specifically include, but not be limited to, all vehicle body work or repair facilities, machine shops, dry cleaners, photo-processing labs, funeral homes, and furniture strippers.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material upon or into any land or water so that such hazardous material or any constituent thereof may enter the air, land, or waters 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 or sewage disposal system.
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 its quantity, concentration, or physical, chemical, toxic, radioactive or infectious characteristics may reasonably pose a significant, actual, or potential hazard to human health, safety, welfare, or the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as "toxic" or "hazardous" under Massachusetts General Laws (MGL) Chapters 21C and 21E using the Massachusetts Oil and Hazardous Material List (in 310 CMR 40.0000).
MATERIALS SAFETY DATA SHEET (MSDS)
Information sheets, available by law from the manufacturer, containing data on physical characteristics, flammability, explosivity, reactivity, and the health and safety hazards of specific chemicals, as well as information relative to procedures recommended for spills and leaks of specific chemicals and special protection and precautions to be taken in the handling of specific chemicals.
REPORTABLE QUANTITY
The quantity of oil or hazardous material the release of which, or threat of release of which, requires notification to the Department under MGL c. 21E, § 7, and/or 310 CMR 40.0350 through 310 CMR 40.0352.
USE OF HAZARDOUS MATERIAL
The handling, generation, treatment, storage, or management of hazardous materials.
A. 
Registration.
(1) 
Anyone storing hazardous materials in quantities totaling more than 25 pounds dry weight or 50 gallons liquid shall register with the Board of Health the types, quantities, location, and methods of storage of said hazardous materials. Registration required by this provision shall be initially submitted by July 1, 1986, and annually thereafter within 30 days of July 1 each year.
(2) 
Any owners or operators of commercial, industrial or municipal establishments, including home occupations and agriculture, meeting the registration requirement for the first time subsequent to July 1, 1986, shall register initially within 30 days of meeting such requirements and thereafter within 30 days of July 1, each year.
(3) 
Copies of registration information shall be regularly forwarded by the Board of Health to the Fire Department.
(4) 
The Health Agent shall maintain and make available a listing of materials deemed to be hazardous.
(5) 
Registration requirements. The following information must be submitted as part of the registration process:
(a) 
A map or drawing locating areas where hazardous materials are stored, handled, and/or in use. The map shall be drawn to scale, on paper eight inches by 11 inches (or an as-built plan of the facility may be substituted), with a North arrow and names of bordering streets clearly noted. If storage occurs both indoors and outdoors, a map for each of the indoor and outdoor storage areas shall be submitted. Areas in which emergency equipment such as spill kits and medical supplies are kept must also be identified on the map, and submitted to the Board of Health as well as the Fire Department.
(b) 
A written description shall accompany the map and specify: product names (chemical names or types may be substituted here); MSDS sheets for each product; quantities of materials in each location; the type of storage container (e.g., fifty-five-gallon drum, underground storage tank); and anticipated on-site additions, for the subject registration period, of hazardous materials meeting the threshold quantity noted above.
(c) 
Information pertaining to the disposal of hazardous wastes: hazardous waste generator ID number, name of the hazardous waste transporter(s), and methods of handling spills of a volume under the reportable quantity (as defined in this chapter). Facilities without an ID number may contact the Department at 1-800-343-3420 to obtain one.
(6) 
Updating of registration.
(a) 
If, during or after the registration period, a change in ownership and/or occupancy of a business occurs, an updated registration must be submitted to the Board of Health within 30 days. Registration is not transferable between past and future owners of a business and/or occupants of a premises.
(b) 
If any of the following activities occur during or after the registration period, the corresponding information in the business' registration package shall be highlighted and corrected at the time of re-registration:
[1] 
Remodeling, operating changes, or expansion of an existing facility which would modify the type or quantity of hazardous materials managed;
[2] 
Changes in the location or method of use, storage, manufacture or handling of hazardous materials in any facility; and/or
[3] 
Addition of new hazardous materials meeting the threshold quantity listed above which are not anticipated in the registration.
(7) 
Facility closure. In the event that a facility permanently ceases operations during the subject registration period, the owner or operator of the facility shall notify the Board of Health of said closure at least 30 days before the closure.
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 an ongoing record of all quantities of hazardous materials within the Town over the registration period.
(2) 
Owners or operators shall produce the latest reconciled inventory within 24 hours of request by the Health Agent.
(3) 
Storage of flammable fluids may also be subject to inventory control under 527 CMR 1.00, Massachusetts Comprehensive Fire Safety Code.
[Amended 4-30-2018 ATM by Art. 18]
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 MGL c. 21C.
(2) 
Aboveground containers of hazardous materials stored by anyone registered in accordance with Subsection A(1) and (2) 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 home heating oil storage tanks, that have been installed prior to the effective date of this bylaw shall provide the Board of Health the following information by July 1, 1986:
(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) 
Sketch map 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 1.00, Massachusetts Comprehensive Fire Safety Code, whether storing flammable fluids or not.
[Amended 4-30-2018 ATM by Art. 18]
(2) 
The Board of Health or, if having jurisdiction, the Fire Chief 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 reason.
F. 
Testing and defects.
(1) 
All tanks shall be subject to tests conducted at the owner's expense at installation, 10 years after installation, 15 years after installation, and annually thereafter. The test shall be one approved by the Health Agent, shall meet National Fire Prevention Association Pamphlet 329 criteria for better than 0.05 gallon per hour accuracy, and shall comply with 527 CMR 1.00 as amended.
[Amended 4-30-2018 ATM by Art. 18]
(2) 
Owners of tanks for which evidence of installation date is not available shall, at the order of the Health Agent, have such systems tested annually in accordance with Subsection F(1).
(3) 
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 direction of the Fire Chief.
(4) 
All leaking tanks must be emptied by the owner or operator within 12 hours of leak detection and removed by the owner or operator in a period of time not longer than that determined by the Health Agent or, if having jurisdiction, the Fire Chief. Repair of known leaking tanks shall not be 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 removal.
[Amended 4-30-2018 ATM by Art. 18]
(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 Board of Health of this decision and, subject to the directions of the Board of Health, have all the hazardous materials removed from the tank and the tank filled with sand or other inert material, prescribed by the Board of Health.
(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 the tank is subsurface, the materials remaining shall be removed from the tank and disposed of as directed and the tank filed with water or an inert gas, as directed; provided, however, that nothing contained in Subsection G(1) through (3) shall pertain to the seasonal use of heating oils.
Within the Water Resource District as defined in Article 14 of the Cohasset Zoning Bylaw the following additional requirements shall apply:
A. 
New tanks. As of July 1, 1986, new installation of tanks for the underground storage of hazardous materials is prohibited.
B. 
Replacement tanks.
(1) 
Replacement tanks for underground storage most 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 Board of Health.
C. 
Herbicides and pesticides. Notice of planned routine application of herbicides or pesticides by the Town of Cohasset or commercial contractors must be provided to the Board of Health at least seven 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. 300, Zoning, Art. 14, Water Resource District.
A. 
The following materials, activities, and facilities are not within the scope of authority of this bylaw:
(1) 
Household waste including garbage, trash, and domestic sanitary sewage.
(2) 
Wastes generated from the growing of agricultural crops and the raising of animals, including manure which is returned to the soil as fertilizer.
(3) 
The labeling of hazardous materials which are or will be exposed for sale at retail establishments.
(4) 
Treatment, storage, and disposal facilities as defined by 310 CMR 30.000.
(5) 
Large quantity generators of hazardous wastes as defined by 310 CMR 30.000.
(6) 
Facilities that file Tier II reports as defined by SARA Title III.
B. 
The Board of Health 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 chapter will still be achieved, and that all other applicable requirements, including those contained in 527 CMR 1.00 as amended, 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 Health 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 Health 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.
[Amended 4-30-2018 ATM by Art. 18]
C. 
No provision of this bylaw shall be construed as superseding the authority of the Conservation Commission pursuant to Massachusetts General Laws or the General Bylaws.
Other than that which is allowed by other local, state, or federal laws, regulations, and/or permits, the discharge of hazardous materials within the limits of the Water Resource District is prohibited. This prohibition includes, but is not limited to, discharges of hazardous materials to exposed and unsaturated soils, wetlands, surface water resources, groundwater, sanitary sewers, storm drains, floor drains and sinks which discharge to the environment, and septic systems.
A. 
The owner or operator of a facility where a hazardous material has been discharged into the Water Resource District shall immediately report the discharge to the Fire Department, which shall notify the Health Agent and the Water Department.
B. 
The sale and/or use of septic system additives or cleaners not specifically allowed by the Department (310 CMR 15.027 and 15.028) is prohibited.
C. 
The installation of new underground storage containers for hazardous materials other than for gasoline or for chemicals used in the treatment of a public drinking water source is prohibited.
A. 
Notification. In the case of a spill and/or loss of hazardous material at or above the reportable quantity, the owner/operator must immediately report the spill or loss to the Fire Department. Notification to the Board of Health shall occur within 24 hours of the spill. Notification to the Department's Emergency Response Section shall be made in accordance with 310 CMR 40.0000.
B. 
Planning. The following precautions shall be taken by all facilities subject to the registration requirements set forth above:
(1) 
The map and written description specified above must also be posted at one of the following on-site locations: guard shack, fire alarm box, sprinkler riser, or other location acceptable to the head of the Fire Department. The location of this posting must be specified during registration.
(2) 
MSDS sheets must be kept on file at all times at an on-site location, and must be readily available during routine inspections and in the event of an emergency.
(3) 
Facilities shall provide adequate and reasonable employee training programs to ensure the proper use, storage, transportation and handling of hazardous materials.
(4) 
Facilities shall provide emergency spill containment kits on site and in accessible areas, and all employees shall be trained in their use.
Each provision of this bylaw shall be construed as separate to the end that, if any provision, or sentence, clause or phrase thereof, shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect.
A. 
The Board of Health or its agents may enter upon privately owned property for the purpose of performing their duties under this bylaw.
B. 
Any person who fails to comply with provisions of this bylaw shall be punished by a fine of $300. Each day's failure to comply with the provisions of this regulation shall constitute a separate violation. Upon the request of the Board of Health, the Board of Selectmen shall take such legal action as is necessary to enforce this bylaw. This bylaw may be enforced pursuant to the noncriminal disposition statute, MGL c. 40, § 21D.