Article XVII · SECTION 1: HAZARDOUS MATERIALS
ARTICLE XVII 17 SECTION 1: HAZARDOUS MATERIALS Subsection 1: Authority This By-Law is adopted by the Town of Canton under its home rule powers, its police powers to protect the public health and welfare, and its authorization under M.G.L., Chapter 40, Section 21. Subsection 2: Purpose This By-Law is intended to protect the public health, safety and welfare, and the environment; as well as preserve and maintain the existing and potential groundwater supply, groundwater recharge areas, and surface waters within the Town from contamination with hazardous materials. Subsection 3: Definitions The following definitions shall apply in the interpretation and implementation of this By-Law. Hazardous Materials means a product or, waste or combination of substances which because of quantity, concentration, or physical, or chemical, or infectious characteristics may reasonably pose, in the determination of the enforcing authority, a substantial present or potential hazard to the human health safety or welfare, or the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. Any substance which may create a special hazard in the event of a spill, leak, fire, or exposure and all substances deemed a hazardous waste in M.G.L., Chapter 21C shall also be considered a hazardous material for the purpose of the By-Law. Contingency plan means a document setting an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous materials which could threaten public health, safety, or welfare, or the environment. Discharge means the disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment. 17 This article was inserted under article 26 ATM 1983. 171 Materials Safety Data Sheet means the form containing data on physical characteristics, flammability, explosivity, reactivity, and the health and safety hazards of specific chemicals, as well as information relative to procedures recommended for spills and leaks of specific chemicals and special protections and precautions to be taken in the handling of specific chemicals. Reportable Discharge means all discharge greater than three gallons liquid volume or five pounds dry weight, or any discharge which would potentially threaten the public health and safety or the environment by entering surface water, ground waters, or water recharge areas, or by emitting toxic fumes or gases into the air. Discharges which are in compliance with all Federal, State, and local regulations, or which are permitted by governing Federal, State, or local agencies are not considered reportable discharges. Subsection 4: Severability Each provision of this By-Law shall be construed as separate to the end, that if any provision, or sentence, clause or phrase thereof, shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect. Subsection 5: Hazardous Materials Not Subject to Regulation By This By- Law The following materials are not within the scope of authority of this By-Law: