Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Chelmsford, MA
Middlesex 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.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Chelmsford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms and explosives — See Ch. 39.
Solid waste — See Ch. 137.
Waste automobile oil — See Ch. 201, Art. XII.
[Adopted 5-3-1982 ATM by Art. 26]
There are hereby adopted the following measures to provide adequate safeguards from hazardous materials which pose substantial present or potential hazards to public health, welfare and safety and to the environment and to establish a program to provide for safe management of all such hazardous materials.
[Amended 10-21-1999 ATM by Art. 38]
In this article, the following terms have the following meanings:
DISPOSAL
The unlawful discharge, deposit, injection, dumping, spilling, leaking, incineration or placing of hazardous materials into or on any land or water so that such hazardous materials or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
HAZARDOUS MATERIAL
A substance, or combination of substances, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of or otherwise managed, however not to include solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act of 1967, as amended, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954. Those substances considered to be hazardous materials shall include but shall not be limited to substances considered to be toxic or hazardous by the Division of Hazardous Waste of the Commonwealth of Massachusetts under the provision of MGL c. 21C.
STORAGE
The actual or intended containment of hazardous materials in a safe manner so as to prevent unlawful disposal.
The disposal of hazardous materials within the Town of Chelmsford is hereby prohibited except at a hazardous waste disposal facility established and maintained in accordance with applicable law. Occupancy of any existing or new premises, other than residential dwellings, is hereby prohibited except in conformance with the provisions of this article.
A. 
All hazardous materials shall be properly stored within a building in product-tight containers protected from corrosion, accidental damage or vandalism and shall be used and handled in a manner which does not constitute disposal. An inventory of such hazardous materials stored or handled in quantities that could pose a present or potential hazard shall be maintained and reconciled with purchase, use, sales and disposal records at sufficient intervals to detect product loss. Subsurface fuel and chemical storage facilities in compliance with Article II, Subsurface Material Discharge and Fuel Storage, of this chapter and applicable Massachusetts fire prevention regulations shall be deemed to be in compliance with this standard.
B. 
No hazardous materials shall be present in materials disposed on the site. Waste materials composed in part or entirely of hazardous materials shall be retained in product-tight containers for removal and disposal by a hazardous waste licensee or as directed by the Board of Health or its enforcement officer.
The provisions of this article shall be enforced by the Board of Health or by a designated enforcement officer appointed annually by the Board of Health.
A. 
Certificate of compliance.
(1) 
New premises. Owners or occupants of new premises, other than residential dwellings, for which a building permit is issued after the effective date of this article shall obtain a certificate of compliance prior to occupying the premises.
(2) 
Existing premises. Owners or occupants of existing premises, other than residential dwellings, shall obtain a certificate of compliance before January 1, 1983, or upon any change in use or occupancy requiring a certificate of use and occupancy under Section 119.0 of the Massachusetts Building Code, whichever occurs first.
(3) 
Requirements. The certificate of compliance shall be issued by the Board of Health or by its enforcement officer upon demonstration by the owner or occupant that the use and occupancy of the premises are in conformance with the requirements of this article or, in the case of existing premises not in compliance, shall specify a compliance schedule which is reasonable with regard to the public health threat involved and the difficulty of compliance.
B. 
Compliance review. Application for an original certificate of compliance shall be forwarded by the Board of Health or its enforcement officer to the Board of Selectmen, Conservation Commission, Fire Department and Water Department for determination that the proposed use meets all control standards.
(1) 
All information necessary to demonstrate compliance must be submitted, including but not limited to the following:
(a) 
A complete list of all chemicals, pesticides, fuels and other potentially hazardous materials to be used or stored on the premises in quantities that could pose a present or potential hazard, accompanied by a description of measures to protect from corrosion, accidental damage or vandalism, leakage or any disposal, together with provisions to control any accidental disposals; and
(b) 
A description of hazardous materials to be generated, indicating the type of storage and the method and place of disposal.
(2) 
Any information, record or particular part thereof obtained by the Board of Health or its enforcement officer pursuant to the provisions of this article shall, upon request, be kept confidential and not considered to be public record when it is deemed by the Board that such information, record or report relates to secret processes or methods of manufacture or production or that such information, record or report if made public would divulge a trade secret. This subsection shall not prevent disclosure of any information for an enforcement action.
(3) 
The Board of Health or its enforcement officer shall act upon an application within 30 days of a filing. Upon failure of the Board of Health or its enforcement officer to act within said 30 days, the certificate of compliance shall be deemed to be granted.
C. 
Renewal application. Application shall be made for renewal of the certificate of compliance upon change in use or occupancy requiring a certificate of use and occupancy under the Massachusetts Building Code or upon significant change in materials used or stored on the premises from those described in the original application.
D. 
Report of spills and leaks. Any person having knowledge of a spill, leak or other disposal of hazardous materials or violation of this article shall report the same to the Board of Health or its enforcement officer within two hours of detection.
E. 
Enforcement. The Board of Health or its enforcement officer may, according to law, enter upon any premises at any reasonable time to inspect for compliance with the provisions of this article. Upon demand by the owner or person in control of the premises, however, the Board of Health or its enforcement officer shall obtain a warrant authorizing such entry and inspection. Information necessary to demonstrate compliance shall be submitted by the occupant of the premises at the request of the Board of Health or its enforcement officer. If requested, samples of hazardous materials shall be provided to the Board of Health or its enforcement officer for testing. All records pertaining to hazardous materials, disposal and removal shall be retained for no less than five years and shall be made available for review within 48 hours of a request.
F. 
Violation. Upon determination by the Board of Health of a violation of this article, the Board may issue such order as it deems appropriate to remedy the violation. The order may include a compliance schedule for those activities which the Board of Health deems reasonably necessary to abate the violation.
G. 
Penalty. Violation of this article shall be punishable by a fine of $200 for each offense. Each day that such violation continues shall constitute a separate offense.
It is hereby declared that the provisions of this article are severable, and if any provisions of this article shall be declared unlawful by a valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining provisions of this article.
[Adopted 5-5-1986 ATM by Art. 15]
In this article, the following terms have the following meanings:
DISCHARGE
The discharge, deposit, injection, dumping, spilling, leaking, incineration or placing of substance materials below any surface.
STORAGE
The actual or intended containment of subsurface materials.
SUBSURFACE MATERIAL
Any substance defined as:
A. 
A hazardous waste by any federal or state agency, by any federal or state regulation or pursuant to Article I, Control and Management, of this chapter;
B. 
Septic wastes, whether or not pretreated;
C. 
Industrial wastes; and/or
D. 
Any other material found to be hazardous and/or dangerous to the public health, welfare and safety and/or environment by the Board of Health.
No subsurface material shall be discharged or stored within 1,200 feet of any wells located within the town, if said wells supply the inhabitants of the town with water, whether through an established water district or municipal wells.
[Amended 10-21-1999 ATM by Art. 38]
No fuels shall be stored within 1,200 feet of any wells located within the town, if said wells supply the inhabitants of the town with water, whether through an established water district or municipal wells.
The Board of Health or its enforcement officer may, according to law, enter upon any premises at any reasonable time to inspect for compliance with the provisions of this article. Upon demand by the owner or person in control of the premises, however, the Board of Health or its enforcement officer shall obtain a warrant authorizing such entry and inspection. Information necessary to demonstrate compliance shall be submitted by the occupant of the premises at the request of the Board of Health or its enforcement officer. If requested, samples of subsurfaces materials and/or materials stored shall be provided to the Board of Health or its enforcement officer for testing. All records pertaining to said materials, disposal and removal shall be retained for no less than five years and shall be made available for review within 48 hours of a request.
Upon determination by the Board of Health of a violation of this article, the Board may issue such order as it deems appropriate to remedy the violation. The order may include a compliance schedule for those activities which the Board of Health deems reasonably necessary to abate the violation.
The Planning Board, Board of Appeals and Building Inspector shall be prohibited from issuing any special permits, variances or building permits in contravention of this article, and any said permits shall be deemed null and void.
Violation of this article shall be punishable by a fine of $300 for each offense. Each day that such violation continues shall constitute a separate offense.
It is hereby declared that the provisions of this article are severable, and if any provisions of this article shall be declared unlawful by a valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining provisions of this article.
{END OF CHAPTER}