Storage Of Hazardous Materials
Section 8 - Board Of Health Rules & Regulations - Amended
Replaces Previous Regulation Entitled "Underground Storage Of Hazardous
Materials"
Section 8.1 - Authority
This regulation is recodified and adopted by the Plainville Board of Health under the provisions of Massachusetts General Laws,
Chapter 111, Section 31 in the exercise of its power to protect the health and welfare of the public.
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Section 8.2 - Purpose
The purpose of this regulation is to protect, preserve and maintain the existing and potential groundwater supply, groundwater
recharge areas and surface water within the Town of Plainville from contamination from hazardous materials.
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Section 8.3 - Definitions
HAZARDOUS MATERIALS: A product or waste, or combination of substances which because of quantity, concentration,
or physical, chemical or infectious characteristics, in the Board's judgment, poses a substantial present or potential hazard to
the human health, safety, or welfare, or to the environment when improperly treated, stored, transported, used or disposed of, or
otherwise managed. Any substance deemed a hazardous waste in Massachusetts General Laws, Chapter 21C, shall also be deemed a
hazardous material for the purpose of these regulations.
DISCHARGE: The deposit, disposal, injection, spilling, leaking, incineration, or placing of any Hazardous materials
into or onto 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 but not limited to ground waters.
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Section 8.4 - Installation and Replacement of Underground Storage Tanks
A. Following the effective date of this regulation, the installation of underground storage tank/tanks for hazardous
materials is prohibited "except for storage tank/tanks for commercial gasoline and diesel fuel in excess of five hundred (500)
gallons".
B. Existing underground tank/tanks and lines that are less than ten (10) years of age, that were installed according
to CMR 527 Section 4 - 4.08 and Section 9 - 9.08 in their entirety and have been inspected and certified by the Fire Department to be
in full compliance with all current regulations shall be exempt until they reach the age of ten (10) years.
C. During the removal of all underground storage utilities, the owner/owners/operator and/or contractor shall notify
the Fire Department and Board of Health.
D. During the removal of all underground storage utilities, A Licensed Site Professional shall measure for the
presence of a release of product that was stored in the tank/tanks. If contamination is found the owner/owners/operator and contractor
shall immediately notify the Fire Department, Board of Health as well as the Department of Environmental Protection Bureau of Waste
Site Cleanup.
E. Tank removals shall be done by a contractor licensed by the Commonwealth of Massachusetts and registered with the
Town of Plainville Board of Health for such removal.
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Section 8.5 - Installation and Replacement of Aboveground Storage Tanks
Following the effective date of this regulation, the installation and replacement of all aboveground hazardous material tanks as per
definition shall conform to the following criteria. This includes any size tank/tanks for commercial and home heating purposes.
A. Secondary containment of all tanks, piping and supply lines shall be installed and required according to the
Board of Fire Prevention Regulations CMR 527 Section 4.00 - 4.08, CMR 527 Section 9.00 - 9.08 and the Plainville Board of Health
regulations. The Plainville Fire Department and the Plainville Board of Health Agent shall approve of the secondary containment and
delivery line protective sleeve.
B. CMR 527 Section 4.04 (e) now requires that all new delivery lines are incased in a non-metallic protective
sleeve.
C. Interior tanks shall be installed so that any basement flooding will not deteriorate or compromise the integrity
of the tank.
D. No exterior aboveground tank/tanks shall be permitted within thirty-five (35) feet of any water body, vernal
pool, stream, river, wetland, well, one hundred (100) year flood zone, pond, brook, swamp, marsh as defined in State regulations 310
CMR 10.0 - 10.99 of the Wetland Protection Act.
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Section 8.6 - Criteria For Removal & Installation of Aboveground Tanks
In any new construction or replacement of existing commercial and/or home heating fuel aboveground storage tank/tanks, either inside
or outside a building, double walled tank/tanks shall be required to provide a containment capacity of 110% of the tank. The delivery
line must have a protective sleeve. Home heating fuel storage tank/tanks and lines shall not be installed underground. Both the Fire
Chief and the Board of Health agent must approve all storage tank/tanks.
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Section 8.7 - Report of Leaks and/or Spills
Any person who is aware of a spill, loss of product, or unaccounted for increase in the consumption which may indicate a leak shall
report such spill, loss of product, or increase immediately to the Fire Department and to the Board of Health.
If a leak, loss of product, or unaccounted increase in consumption is confirmed the leak shall be identified, isolated, contained and
repaired forthwith and shall be brought up to code as specified in these regulations. Said upgrade shall be under the direction of the
Fire Chief or his designee. If determined by the Board of Health and the Fire Chief or his designee, a hazardous waste handler
licensed by the Department of Environmental Protection Agency for the Commonwealth of Massachusetts must dispose of all contaminated
soil.
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Section 8.8 - Section Eight of Board of Health Rules & Regulations
All storage of Hazardous Materials in the rules and regulations in Section Eight (8) of the Board of Health shall also apply to the
above regulations.
In Section 8.4 and 8.7 underground storage is no longer permitted. Existing underground tank/tanks and lines that are less than ten
(10) years of age, that have been inspected and have been certified to be in full compliance with all current regulations shall be
exempt.
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Section 8.9 - Plans
For all new construction the property owner/owners and/or the contractor shall submit to the Town of Plainville Board of Health and
the Fire Department, plans showing the location of exterior and interior aboveground tank/tanks and the relative position to all of
the resource areas listed in the previous paragraph of the regulations.
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Section 8.10 - Costs
In every case, whoever may be responsible the owner/owners, operator and/or contractor working on such property shall assume the
responsibility for all costs incurred necessary to comply with this regulation.
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Section 8.11 - Enforcement
Any owner/owners, operator and/or contractor who violates any provisions in regulations, CMR 527 Section 4.01 - 4.08 and CMR 527
Section 9.00 - 9.08 shall be subject to the penalties provided under MGL Chapter 148, Section 38H and MGL Chapter 111, Section 31,
as amended. Each day during such violation/violations that continue shall constitute a separate offense. Upon request of the Fire
Chief or his designee and the Board of Health through their agent, the licensing authority shall take any legal action as may be
necessary to enforce the provisions of these regulations.
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Section 8.12 - Variances
The Board of Health and the Fire Chief may grant variances from the regulations to the applicant after a hearing. The applicant
must establish the following:
Installation of aboveground storage tank/tanks will not adversely affect public or private water resources, water body, vernal pool,
stream, river, wetland, well, pond, brook, swamp, marsh and any flood zone.
In granting a variance, the Board of Health will take into consideration the direction of groundwater flow, soil conditions, depth to
groundwater, size, shape and slope of lot and existing and known future water supplies.
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Section 8.13 - Severability
Provisions of this regulation are severable and if any provision hereof shall be held invalid under any circumstances, such
invalidity shall not affect any other provisions or circumstances.
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Section 8.14 - Effective Date
The effective date of this regulation is October 20, 2004.
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