§ 108-6. License and contingency plan.

A. 

The Board of Health shall adopt regulations from time to time specifying the hazardous materials and acutely hazardous materials which shall be regulated by licensure, specifying the quantities of such hazardous materials and acutely hazardous materials which shall be regulated by licensure, and specifying the fees for such licenses. The Board of Health may have reference to scientific literature, publications, recommendations and regulations of federal, state, and local regulatory agencies, the expertise and experience of public safety agencies, especially and including Fire Departments. Such a determination will be based upon the ignitability, corrosivity, reactivity, or toxicity of the hazardous materials handled or stored, the amounts of hazardous materials and acutely hazardous materials stored, and the proposed storage location and handling location of the acutely hazardous materials and hazardous materials.

B. 

The Health Department shall enforce such Board of Health regulations. The Health Department shall require, after reviewing the submitted registration information set forth in § 108-4, an owner to obtain an annual license.

C. 

It shall be the responsibility of the owner and/or the operator to apply annually for such license.

D. 

New owners of businesses, home occupations, industrial establishments or operators of governmental agencies who have not previously obtained a license in accordance with this section may be required upon registration to obtain a license prior to handling and/or storage at a building or dwelling and prior to commencing business.

E. 

The owner and/or operator shall submit a contingency plan prior to the issuance of a license by the Health Department. A contingency plan shall meet the requirements set forth below:

(1) 

Submission of the names, addresses, and telephone numbers of the owner, operator, and all other persons responsible for implementation of the contingency plan in the absence of the owner and/or operator.

(2) 

A plan showing where and how all regulated substances shall be stored as described within § 108-5 of this chapter such that the method of containing any accidental release to ensure that all such releases will be totally contained and prevented from reaching any surface or ground waters or into any on-site sewage disposal system, sewer system, catch basin, or dry well. This plan shall also be posted in one of the following on-site locations: guard shack, fire alarm box, sprinkler riser, other location acceptable to the Fire Department. The location of the posting shall be specified.

(3) 

The Health Department and/or the Fire Department may require the owner to provide vacuum suction devices or absorbent scavenger materials be present on site in sufficient magnitude so as to control and collect the total quantity of regulated substances present or may require such devices and materials to be readily available and easily accessible from off-site sources consistent with the contingency plan. Emergency containers shall be of such capacity as to hold the total quantity of regulated substances plus any absorbent material. A plan showing the location of all emergency collection devices shall be provided if the provisions of this section are required.

(4) 

Proper and adequate maintenance of containment and emergency equipment shall be required. Procedures shall be established for inspections performed by the operator and/or the operator's designee(s) once every three months and for the verification of maintenance of containment and emergency equipment. Such procedures shall be in writing, including a regular schedule of maintenance. A log documenting any accidental spills, describing how such spills were handled, describing inspection results, and maintenance shall be kept at the site. Such logs and records shall be available for inspection by the Health Department and/or the Fire Department at all times.

(5) 

The procedures which will be followed in the event of release so as to control and collect all released material in such a manner as to prevent it from reaching any surface or ground waters or into any sewage disposal system, municipal sewer system, catch basin, or dry well. Every operator having knowledge of a release or other loss of acutely hazardous materials and/or hazardous materials shall report the release or loss of same to the Health Department and the Fire Department within one hour of detection. The operator shall ensure the telephone number of the appropriate Fire Department and of the Town of Barnstable Health Department office shall be posted on or adjacent to a telephone located at the site.

F. 

Prior to submission of the contingency plan to the Health Department, approval of that plan must be obtained from the Fire Department.

G. 

Upon receipt of the annual fee, completion of the annual application form designated by the Health Department, upon receipt of a complete inventory, and upon receipt of a satisfactory contingency plan, the Director of Public Health shall issue said license to the operator and the site. Said license shall expire on June 30 and shall be administratively renewed annually upon application and payment of the annual fee.

H. 

The Director of Public Health may grant, suspend, modify, or revoke such license for due cause or failure to comply with any section of this chapter and/or failure to perform the conditions set forth in the contingency plan.