[HISTORY: Adopted by the Town Meeting of
the Town of Chelmsford as indicated in article histories. Amendments
noted where applicable.]
[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:
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.
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.
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 Select Board, Conservation Commission, Fire Department
and Water Department for determination that the proposed use meets
all control standards.
[Amended 6-17-2021 ATM by Art. 29]
(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:
The discharge, deposit, injection, dumping, spilling, leaking,
incineration or placing of substance materials below any surface.
The actual or intended containment of subsurface materials.
Any substance defined as:
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;
Septic wastes, whether or not pretreated;
Industrial wastes; and/or
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.
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{END OF CHAPTER}
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