Section 1. Findings
The Town of Walpole Board of Health finds that:
1. The groundwater underlying this town is the sole source of its
existing and future water supply, including drinking water;
2. The groundwater aquifer is integrally connected with, and
flows into, lakes and streams which constitute significant
recreational and economic resources of the town used for bathing
and other water-related recreation.
3. Accidental spills and discharges of petroleum products and
other toxic and hazardous materials have repeatedly threatened
the quality of such groundwater supplies and related water
resources in other Massachusetts towns, posing potential public
health and safety hazards and threatening economic losses to the
affected communities; and
4. Unless preventive measures are adopted to prohibit discharge
of toxic and hazardous materials and to control their storage
within the town, further spills and discharges of such materials
will predictably occur and with greater frequency and degree of
hazard by reason of increasing construction, commercial and
industrial development, population and vehicular traffic in the
Town of Walpole.
Section 2. Authority
The Walpole Board of Health adopts the following regulations
under its authorization under Chapter 111, Section 31.
Section 3. Definitions
A. The term "discharge" means the accidental or
intentional spilling, leaking, pumping, pouring, emitting,
emptying or dumping of toxic or hazardous material upon or into
any land or water of the Town of Walpole.
Discharge includes, without limitation, leakage of such materials
from failed or discarded containers or storage systems and
disposal of such materials into any onsite sewage disposal
system, drywell, catch basin or unapproved landfill.
The term "discharge" as used and applied in this
regulation does not including the following:
1. Proper disposal of any material in a sanitary or industrial
landfill that has received and maintained all necessary legal
approvals for that purpose;
2. Application of fertilizers and pesticides in accordance with
label recommendations and with regulations of the Massachusetts
Pesticide Control Board;
3. Application of road salts in conformance with the Snow and Ice
Control Program of the Massachusetts Department of Public Works;
and
4. Disposal and "sanitary sewage" to subsurface sewage
disposal systems as defined and permitted by Title 5 of the
Massachusetts Environmental Code.
B. The term "toxic or hazardous material" means any
substance or mixture of such physical, chemical or infectious
characteristics as to pose (in the judgment of the Board of
Health) a significant actual or potential hazard to water
supplies or other hazard to human health, if such substance or
mixture were discharged in this town. Any substance deemed a
hazardous waste in Massachusetts General Laws Chapter 21C shall
be deemed a hazardous material. Toxic or hazardous materials
include, without limitation, organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes, acids
and alkalies and includes products such as pesticides,
herbicides, solvents and thinners. The following activities,
without limitation, are presumed to involve the use of toxic or
hazardous materials, unless and except to the extent that anyone
engaging in such an activity can demonstrate the contrary to the
satisfaction of the Board of Health:
*Airplane, boat and motor vehicle service and repair
*Chemical and bacteriological laboratory operation
*Cabinet making
*Dry cleaning
*Electronic circuit assembly
*Metal plating, finishing and polishing
*Motor and machinery service and assembly
*Painting, wood preserving and furniture stripping
*Pesticide and herbicide application
*Photographic processing
*Printing
Section 4. Prohibitions
A. The discharge of toxic or hazardous materials within the Town
of Walpole is prohibited.
B. Outdoor storage of toxic or hazardous materials is prohibited,
except in product-tight containers which are protected from the
elements, leakage, accidental damage and vandalism, and which are
stored in accordance with all applicable requirements of Section
5 of this regulation. For purposes of this subsection, road salts
and fertilizer shall be considered as hazardous materials.
Section 5. Storage Controls, Registration and Inventory
A. Except as exempted below, every owner, and every operator
other than an owner of a site at which toxic or hazardous
materials are stored in quantities totaling at any times more
than 50 gallons liquid volume or 25 pounds dry weight, shall
register with the Board of Health the types and quantities of
materials stored, location and method of storage. The Board of
Health may require that an inventory of such materials be
maintained on the premises and be reconciled with purchase, use,
sales and disposal records on a monthly basis, in order to detect
any product loss. Registration required by this subsection shall
be submitted within 60 days of the effective date of this
regulation and annually thereafter. Maintenance and
reconciliation of inventories shall begin within the same 60 day
period. Exemptions: registration and inventory requirements shall
not apply to the following:
1) Fuel oil stored in conformance with Massachusetts Fire
Prevention Regulations and regulations of the Walpole Board of
Health for the purpose of heating buildings located on the site;
or
2) The storage of toxic and hazardous materials at a
single-family or two-family dwelling, except where such materials
are stored for use associated with a professional or home
occupation uses as defined by ... the Zoning By-Laws of the Town
of Walpole.
B. Toxic or hazardous wastes shall be held on the premises in
product-tight containers and shall be removed and disposed of in
accordance with the Massachusetts Hazardous Waste Management Act,
Chapter 21C, MGLA.
C. The Board of Health may require that containers of toxic or
hazardous materials be stored on an impervious, chemical
resistant surface compatible with the material being stored, and
that provisions be made to contain the product in the case of
accidental spillage.
Section 6. Report of Spills and Leaks
Every person having knowledge of a spill, leak or other loss of
toxic or hazardous materials shall immediately report the spill
or loss of same to the Board of Health or other public safety
official.
Section 7. Enforcement
A. The provisions of the regulation shall be enforced by the
Board of Health. The agent of the Board of Health may, according
to law, enter upon any premises at any reasonable time to inspect
for compliance.
B. Upon request of an agent of the Board of Health, the owner or
operator of any premises at which toxic or hazardous materials
are used or stored shall furnish all information required to
enforce and monitor compliance with this regulation, including a
complete list of all chemicals, pesticides, fuels and other toxic
or hazardous materials used or stored on the premises, a
description of measures taken to protect storage containers from
vandalism, corrosion and spillage, and the means of disposal of
all toxic or hazardous wastes produced on the site. A sample of
wastewater disposed to onsite septic systems, drywells or sewage
treatment systems may be required by the agent of the Board of
Health.
C. All records pertaining to storage, removal and disposal of
toxic or hazardous materials shall be retained by the owner or
operator for no less than three years, and shall be made
available for review upon the request of the agent of the Board
of Health.
D. Certification of conformance with the requirements of this
regulation by the Board of Health shall be required prior to
issuance of construction and occupancy permits for any
non-residential uses.
Section 8. Violation
Written notice of any violation of this regulation shall be given
to the owner and operator by the agent of the Board of Health,
specifying the nature of the violation; any corrective measures
that must be undertaken, including containment and cleanup of
discharged materials; any preventive measures required for
avoiding future violations; and for a schedule of compliance.
Requirements specified in such a notice shall be reasonable in
relation to the public health hazards involved and the difficulty
of compliance. The cost of containment and cleanup shall be borne
by the owner of the premises.
Section 9. Penalty
Penalty for failure to comply with any provisions of this
regulation shall be subject to a fine after notice thereof under
Section 8 above of $50/day per violation and/or court action.
Regulation amended October 26, 1993.