Section 1.0: The purpose of
This Bylaw is hereby adopted to provide rules and guidelines for safe handling, transport of hazardous materials used in commercial settings for residential, industrial or others to reduce, prevent, or eliminate negative environmental impacts and protect public health.
Section 2.0: Definitions
This Bylaw the following terms shall mean:
2.1 “System” means Bedford Board of Health shall include enforcement officer / s as the Board may designate a representative to enforce this Bylaw.
2.2 “in charge”, will include the owners, tenants, and operators of premises and new or existing operations, other than residential, which use, handle, or manage hazardous materials.
2.3 “Hazardous Materials” means any material or combination of substances, which because of its quantity, concentration, or physical chemical, or infectious characteristics may cause or contribute significantly increased mortality or an increase in serious irreversible, or incapacitating reversible illness or danger present a significant potential health or human safety, or welfare or the environment when properly cared for, stored, transported, used or disposed of, or otherwise managed. However, it does not include solid or dissolved materials domestic sewage, or solid materials or dissolved in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Control Act of 1967, water pollution as amended, or materials which are released subject to permits According to the Clean Air Act of 1970 as amended, or source of nuclear material, or special product as defined by the Atomic Energy Acts of 1954. The definition of hazardous substances include substances considered toxic or hazardous by the Division of Hazardous Waste of the Commonwealth of Massachusetts under the provisions of Massachusetts General Law, Chapter 21C as amended.
2.4 “Default”, shall include: failure to comply with the provisions of this Bylaw, the required contingency plan or training program required.
2.5 “Certificate of Compliance”, hereafter COC, is a document confirming formal recognition of compliance of this Bylaw.
2.6 “leaks leaks”, will mean the following: i) the actual release of any substance to the environment Public Law 99-499 appears (“Sarah”) Sections 302 and 304, or any substance listed in Massachusetts General Law Chapter 21E, totaling over on one half of the amount of reporting (RQ), it said, b) the actual release of any material environmental Detailed Massachusetts General Law Chapter 111F (List and alcohol Massachusetts) totaling over one year (1) pound, and that the material does not appear already above.
Section 3.0: Compliance
Board may vary any requirement of paragraphs 3.1 and 3.2 on the demonstration by the applicant that the intent of said Sections 3.1 and 3.2 can be satisfied otherwise. (See also section 4.5 reference)
3.1 Possible Plan
3.1.1 The responsible party will be a contingency plan for each facility. Environmental Policy Statement signed by the responsible will be included indicating management’s intention to resolve to prevent and minimize accidental spillage safe handling of hazardous materials.
3.1.2 User contingency plan will be implemented immediately whenever there is a spill or leak as defined in Section 2.6.
3.1.3 contingency plan will clearly define the lines of communication and responsibility among members of the facility shall describe the steps they take to;
(A) conform to Sections 3.1.1 and 3.1.2, and
(B) incident reports and complete messages
3.1.4 If the charge of him, before the effective date of this Bylaw, prepared a plan to prevent the fluid, control, countermeasures (SPCC) or other plan or emergency contingency responsible for the program should only add that whatever is necessary to meet the requirements of this Bylaw .
3.1.5 Each facility shall at all times have a crisis center or area, or, if the facility’s operations make this option inappropriate, on the call is available to respond to an emergency situation by the arrival in the facility within one hour. Emergency Coordinator will be responsible for coordinating all emergency response measures. This person will be well known to all aspects of the plan, all operations and activities at the facility, the location and characteristics of hazardous materials, the location of all records, as well as the layout of the facility. Coordinator will have access to all parts of the facility. In addition, this person shall have the authority to hire emergency contractors, consultants, or other resources necessary to carry out the contingency plan in case of emergency.
3.1.6 contingency plan will include maps and information which illustrate the Bedford Fire Department, Public Works Department, Police Department, area hospitals, and the Ministry of Health, the layout of the facility site, full details of any hazardous material on site with the estimated maximum volumes of all hazardous material site that volumes estimated maximum cost of volumes referenced in Section 2.6, and additional information regarding quantities, locations and methods of storage, handling, and disposal of materials / hazardous waste. effort to consider and identify wetlands, in accordance with MGL CH. 131 s. 40 and Town Bylaw Wetlands Protection Bedford , will be given on the map database. As a minimum, City of Bedford Wetlands Maps will be used as a reference. Following the spill of hazardous materials on the site map will be revised to include wetlands delineation on the site.
3.1.7 contingency plan will show an updated list containing the names, addresses, and office and home telephone numbers of all persons qualified to act as a coordinator of emergency. If one or more of the individual is listed, one shall be called primary emergency coordinator and others shall be listed in the order they will be liable for as intermittently. For new facilities, this information will be provided initially the Ministry of Health as a request COC. Ministry of Health shall immediately of any change in this information.
3.1.8 contingency plan shall include a list of all emergency equipment, including emergency medical supplies, should be kept and maintained at the facility. This list will be kept up to date. In addition, the program will include the location and physical description of each item in the list, as well as a brief overview of its capabilities.
3.1.9 contingency plan shall include a description of the procedures, or equipment used in the facility to prevent and / or comment:
(A) uncontrolled reaction of incompatible materials especially wastes, for example, procedures to prevent fires, explosions, or toxic gases;
(B) unloading operations risks, for example, ramps, special fork lifts, containment of emergency equipment;
(C) runoff from handling hazardous material in other areas of the facility or environment, for example, floor drains to an external surface and storm drainage systems;
(D) flooding;
(E) side effects of equipment failure or power outages;
(F) The health hazards and public safety, or welfare or the environment from fires, explosions, spills, or any planned release or other sudden no hazardous materials into the air, soil, surface water or groundwater;
(G) of the unnecessary exposure to hazardous materials (such as clothing, protective).
1.3.10 The plan will include the facility evacuation plan. This plan shall describe signal (s) used to begin evacuation, evacuation routes and alternate evacuation routes in case main routes were to be blocked by actual or potential releases of hazardous waste or fires.
1.3.11 Liquidity report leaks. Any person with knowledge spill or leak of hazardous materials shall report it immediately and Fire Department in addition to the Council as soon as possible and within two (2) hours.
03/01/12 Board of Directors may require the party responsible for implementing reasonable measures to protect the environment or public health is consistent with Section 1.0. Said requirements will be reasonable in relation to the risk and difficulty of compliance.
3.2 Training Program
3.2.1 The training program:
(A) A person assigned management or treatment of hazardous substances will successfully complete preliminary plans annual review refresher instruction or on-the-job training that teaches and reminds them to do their job in a promising means of protecting the environment, adequate personal health, public health, and the terms of the contingency plan of the facility in accordance with the reference section 3.1. This program shall be directed by a trained instructor hazardous materials and hazardous waste management procedures will include specific instructions regarding hazardous waste management procedures, including contingency plan implementation relevant to the point where the individual is employed.
(B) The new man will not work facility unsupervised positions until they have successfully completed training according to Bylaw Section 3.2.1.
(C) Within 6 months of being assigned to a new location for the facility that will be given additional training as needed to perform their new duties in accordance with the reference section 3.2.1.
(D) Training records of current members will be kept for employment at the facility. Training records of former personnel, will be kept for at least three years after the person last worked at the facility.
3.2.2 The training program content:
(A) All instructors have access to and use any training session short introductory training unit is ready and / or approved by the Bedford Board of Health. Said training unit will constitute “Bedford’s experience”, ie the implications for the continuation of hazardous waste and hazardous materials releases in general.
(B) The charge shall prepare a written training program designed to ensure the compatibility with auxiliary sections 3.2.1 (a) – 3.2.1 (d). To ensure that a person can respond effectively to emergencies training program will be:
(1) Specify the frequency and manner in which the person will recognize the chemical properties of hazardous substances at the facility, emergency procedures, emergency equipment, emergency systems, and personnel safety equipment. This may be provided separately by job title or by category of job performance.
(2) provide procedures for use, testing, repairing, and replacing facility emergency and monitoring equipment.
(3) providing proper user use of automatic safety systems, if any;
(4) providing guidance and emergency communication procedures and the use of alarm systems, if any;
(5) providing guidelines and procedures to return fire, explosions, and the threat of leakage or spillage;
(6) providing guidance to respond to groundwater or surface water contamination potential incidents;
(7) provide a list, by job title, position regarding the management or treatment of hazardous substances;
(8) provide a written account of ongoing training (as opposed to starting training) that will be given to each person plays a role specified in Bylaw under section 3.2.1 (a).
(9) provide a system that documents the training records required by Bylaw Section 3.2 .. 1 (a) given, and satisfactorily completed by the facility; and
(10) provider operations shutdown procedures.
3.3 Annual Review of contingency plan and training program
Drawer and training programs will be reviewed by the responsible and the Council on an annual basis utilizing a form provided by the Board, and the programs will be corrected if necessary, whenever:
3.3.1 The plan is to be corrected voluntarily by the responsible party;
3.3.2 The plan fails in an emergency;
3.3.3 The list of emergency coordinators changes;
3.3.4 A list of hazardous materials, estimated quantities of hazardous materials, or the list of emergency equipment changes;
3.3.5 There is no change in the operation or maintenance of the facility;
3.3.6 there occurs any other circumstance which indicates the need for change;
3.3.7 At the request of the Board.
Section 4.0: Compliance Procedures
4.1 Renewal application requirements: the responsible parties shall submit a letter to the Board would like COC and shall adhere to the following procedures:
4.1.1 Five copies of the initial contingency plan required five copies of a detailed outline of the required initial training program will be provided by the applicant. Full training program will be provided upon request during the meeting the Council’s initial or any renewal.
4.1.2 The site will be identified a short summary of site operations will be provided on the cover of each program.
4.1.3 Renewal Form, as supplied by the Board, shall be completed and returned to the Board on an annual basis by all responsible parties issued COC.
4.1.4 filing fees submitted with each initial COC application any request to renew. Deposit fee shall be consistent with the fee schedule developed by the Board and said fee schedule may change from time to time in accordance with MGL Ch.111 Sec. 31. To another post, the fee schedule will be as follows:
(A) $ 200. – For each copy of initial application submittal
(B) $ 25. – All annual exam on amendments contingency plans and training programs. See Section 3.3.
(C) $ 300. – For all requests for inspection and / or amend contingency plan and / or training plan submitted in response to an emergency event or program which has failed as determined by the board.
4.2 interagency review
Upon receipt of a complete application, the Board will immediately transmit a copy of the program possible and a detailed outline of the fire training program Public Works Department, Conservation Commission, and Selectmen. Agency to recommend that they can fit these recommendations forward the Health Council within 30 days after receipt of said documentation.
4.3 Decision Process
Board of Directors will act on request for COC was completed within 75 days of receiving the request. In making such determinations the Board shall give consideration for simplicity, reliability, feasibility of the proposed control measures, and the degree of threat to the environment and the public which will result if the control measures failed. Board not to respond or act within the 75 day referral period will be considered lack of objection.
4.4 Supervision
Board of directors may, by law, make assumptions about each individual dwelling, at any reasonable time to check the existence of this Bylaw. With a demand by the owner or whoever controls the area, however, the Board shall obtain a warrant authorizing entry into this trial. Information necessary to demonstrate compliance shall be submitted by the occupier of the shop at the request of the Board. If requested, samples of hazardous materials will be given to Council for review. All records relating to hazardous materials, removal and disposal will be maintained for five (5) years, shall be made available for inspection within 48 hours after application.
4.5 different process
Upon receipt of a written request, different from the specific requirements of this Bylaw may be approved by the Board, after public hearing notice, the Board finds that, due to circumstances regarding the type of operation, hazardous materials, or the expected volume of hazardous materials, the literal enforcement of Bylaw would involve substantial suffering, financial or otherwise, and that the requested relief may be granted without substantial harm to the public interest and without canceling or significantly detract from the intent and purpose of this Bylaw. Board may impose such conditions, restrictions and limitations, are in the time of use, as it may see fit to provide any different.
4.6 Confidentiality
Any information, record or a document obtained by the Board shall, upon written request by the applicant will be kept confidential and not considered a public record when it is deemed by the board that record such information, or statement relating to proprietary processes, methods of production, or production or record such information, or report, if known, would reveal a trade secret. This section shall not prevent disclosure of any information necessary enforcement action.
Section 5.0: Enforcement
5.1 the provisions of this Bylaw shall be enforced by the Ministry of Health.
5.2 the factors responsible for breach of this Bylaw will be notified in writing of the violation. Said notice shall include the time allowed to correct the violation and may suggest corrective action / s which would be acceptable to the Board. Penalties, in accordance with paragraph 7.0, will begin to accrue after the elapse of time allowed to correct said violation.
Section 6.0: Administrative Appeal
Whenever the Board denies or modifies the Board shall inform the COC for those responsible for such action is addressed of its right to submit, within 15 days, a written request for reconsideration of that action. The request will be as specified in detail the facts supporting the request for reconsideration. The Board shall oversee schedule interviews with responsible submitting the application and shall rule on the request in writing within 45 days of completion of the interview process.
Section 7.0: Penalties
Violations of this Bylaw shall be the maximum penalty fines in accordance with Massachusetts General Law Chapter 40 section 21 and also as stipulated by law, ie recovery of all costs incurred associated with the Town as a result of the breach. Every day or part thereof that such violation continues shall constitute a separate punishable offense.
Section 8.0: Validity and Separability
Disability of one or more parts, small, sections or provisions of this law will not invalidate or impair the whole reference or any other part of it.