[HISTORY: Adopted by the Town of Barnstable Board of Health as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials —  See Ch. 108.
[Adopted 9-28-1999, effective 10-8-1999 (Section 1.00 of Part XI
of the 1991 Codification as updated through 6-1-1996)]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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 Town of Barnstable.
E.Â
Surface and ground water resources in the Town of Barnstable
contribute to the Town's drinking water supplies.
The Town of Barnstable adopts the following regulation, under its authority as specified in § 381-3, as a preventive measure for the purpose of preserving and protecting the Town of Barnstable's drinking water resources from discharges of pollutants to the ground via floor drains, and minimizing the threat of economic losses to the Town due to such discharges.
The Town of Barnstable 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 Barnstable.
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 the
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; very small or large quantity generators of hazardous
waste; laboratories; 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 waste or any
constituent thereof may enter the 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.
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, dry wells,
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 Barnstable. 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 Massachusetts General Laws (MGL) Chapter
21C and 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.Â
An industrial or commercial process area;
B.Â
A petroleum, toxic, hazardous materials, or waste storage
area; or
C.Â
A leased facility without either A or B of this section,
but in which the potential for a change of use of the property to a use which
does have either A or B is, in the opinion of the Board of Health, sufficient
to warrant the elimination of the ground discharge at the present.
A.Â
The owner of a facility in operation prior to the effective date of this regulation with a prohibited (as defined under § 381-5) floor drain system shall:
(1)Â
Disconnect and block all applicable inlets to and outlets
from applicable leaching structures, oil/water separators, and/or septic systems,
in accordance with the Massachusetts Plumbing Code and after obtaining permit
to conduct plumbing work;
(2)Â
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 soil or groundwater sampling must be performed in accordance with appropriate
Department policies (310 CMR 27.00);
(3)Â
Alter the floor drain system so that the floor drain
shall be either:
(a)Â
Connected to a holding tank that meets all applicable
requirements of Department policies and regulations, with hauling records
submitted to the Barnstable Board of Health at the time of hauling;
(b)Â
Connected to a municipal sanitary sewer line with all
applicable Department and local permits including a permit from the Town of
Barnstable Department of Public Works Engineering Division; or
(c)Â
Permanently sealed. Any facility sealing a drain shall
be required to submit for approval to the Board of Health a hazardous waste
management plan detailing the means of collecting, storing, and disposing
of any hazardous waste generated by the facility, including any spill or other
discharge of hazardous materials or wastes.
B.Â
Any oil water separator remaining in use shall be monitored
monthly, cleaned not less than every 90 days, and restored to proper conditions
after cleaning so as to insure proper functioning. Records of the hauling
of the removed contents of the separator shall be submitted to the Board of
Health at the time of hauling.
C.Â
Compliance with all provisions of this regulation must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire Code requirements and Chapter 108, Hazardous Materials, of the Code of the Town of Barnstable.
D.Â
Upon complying with one of the options listed under Subsection A(3) of this section, the owner/operator of the facility shall notify the Department of the closure of said system by filing the Department's UIC Notification Form with the Department, and sending a copy to the Barnstable Board of Health.
A.Â
Existing facilities.
(1)Â
Owners/operators of a facility affected by this regulation
shall comply with all of its provisions within 90 days of the effective date.
(2)Â
All applicable discharges to the leaching structures
and septic systems shall be discontinued immediately through temporary isolation
or sealing of the floor drain.
B.Â
New facilities.
(1)Â
As of the effective date of the regulation, all new construction
and/or applicable change of use within the Town of Barnstable shall comply
with the provisions of this regulation.
(2)Â
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.
Each provision of this regulation 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.