1. Ordinance Regulating the Storage, Handling and Distribution of Hazardous Substances
Questions and Answers

2. What is the Purpose of This Ordinance?
Protects the health, safety and welfare of Shelburne’s residents from the inherent risks of the storage and handling of large quantities of hazardous substances.
Some inherent risks include fire, explosion and contamination.
Specifically aimed at protecting schools and waterways.
This includes lakes, rivers, wetlands, ground waters, etc.
Fills in regulatory gaps due to insufficient state and federal regulations. e

3. Why is This Ordinance Necessary?
Inherent risks of listed hazardous substances
Amplification of risks due to location near schools and waterways
State and federal regulations are not tailored to and do not account for the particular geography or response capabilities of individual communities
Shelburne’s emergency response capabilities are not sufficient for potential disasters considered by this ordinance
Insufficient recognition that road salt is hazardous when stored in sufficient amounts e

4. How Does the Ordinance Accomplish Its Purpose?
Prohibits the storage of hazardous substances for more than twenty-four hours.
Prohibition only applies to facilities located within 250 meters of a school or waterway.
Prohibition only applies to hazardous substances in amounts exceeding specific quantities.
Prohibits releasing hazardous substances into waterways, ground water, and surface soils. e

5. Who Does This Ordinance Apply To?
The ordinance applies broadly and evenly
Discharge and release of hazardous substances is banned anywhere it may escape into surface or ground waters
Storage component only applies to facilities within 250 meters of a school or waterway and for storage of more than 24 hours
Exceptions for pre-existing fueling stations
Exceptions for fuel tanks located within vehicles and used for operating those vehicles, rather than for storage e

6. What Hazardous Substances are Included in This Ordinance?
Sodium chloride, calcium chloride, magnesium chloride, potassium chloride
These are common components of road salt
Hydraulic oil
Diesel fuel
Unleaded fuel
Heating oil
Motor oil
Ammonia
Chlorine
Hydrogen fluoride e

7. What Are Some Notable Exceptions in the Ordinance?
Cooking and drying
Generally, cooking and drying propane tanks are not larger than the Table 1 limits, but we have added an amendment to make these fuels exempt when used for these and other listed purposes.
Fuel tanks
An exception has been added such that fuels in tanks of cars, boats, equipment, planes and trains does not count toward maximum aggregate amounts.
Pre-existing fuel filling stations
Amendments define this as: “A facility that sells to a consumer, dispenses, or uses on- site fuel or lubricants for automobiles or other motorized equipment or vessels which was in existence in the Town of Shelburne prior to the passage of this Ordinance. A pre-existing fuel filling station is permitted to include a private fueling terminal used for on-site fueling of vehicles, vessels, or equipment if it was in existence prior to the passage of this Ordinance. All Pre-existing fuel filling stations shall register with the Town of Shelburne, Town Manager’s office within 60 days of the effective date of this Ordinance.” e

8. What are Some Inherent Risks That This Ordinance Protects Against?
Fires, explosions, and toxic releases
Reactions between substances
Degradation of equipment and hazardous materials containers
Leaching of substances into groundwater and waterways
Contamination of drinking water supplies and sensitive environments
Destruction of vegetation and wildlife e

9. e

10. Is Road Salt Really a Hazardous Substance?
Growing recognition across the country that road salt harms the environment and drinking water.
Road salt primarily consists of sodium chloride but also includes anti-caking agents and impurities.
Dilution decreases the impacts of road salt, but runoff from road salt stored in large quantities has destroyed water supplies in many municipalities across the country.
Pooling, funneling, and concentrating exacerbates the impacts of road salt. e

11. Is Road Salt Really a Hazardous Substance?

12. e

13. Sodium and Chloride Removal Methods
State of New Hampshire Department of Environmental Services Fact Sheet:

14. Sodium and Chloride Removal Methods
“Source Identification of Sodium and Chloride Contamination in Natural Waters: Preliminary Results”:

15. Will This Ordinance Apply to Railroads? Why?
Ordinance applies to many vehicle types, not just railroads
Railroads frequently carry and store hazardous substances
Railroad operations are often conducted in open air with minimal containment and mitigation measures in place
Increase in train de-railments and explosions from the boom in rail transport of Bakken crude oil since 2012 e

16. What Causes Train De-Railments?
Mechanical failure of a track component
Broken rails, gauge spread due to tie, etc.
Mechanical failure of a component of the train’s running gear
Axlebox failure, wheel breakage, etc.
Failure in track-train interaction
Track shift under a train, excessive speed, earthworks slip
Human error
Improper operation of points, or improper observance of signals protecting them (signal errors)
Collisions with other trains, road vehicles, or other obstructions on the line e

17. Oil Train De-Railments Since 2012

18. Lynchburg, VA (2014) e
Aliceville, AL (2013)
Mount Carbon, WV (2015)

19. October 2015 Vermont De-Railment

20. Megantic, Quebec Oil Train Explosion

21. How Will This Ordinance Be Enforced?
Two main persons responsible for enforcement:
Town Health Officer
Designated official (Selectboard has not yet designated this person)
Inspections and investigations
Emergency Health Orders
Fines, compensation, removal, remediation, monitoring
Ordinance allows for appealing these
Violations are civil, not criminal
May seek injunctions and other relief in Superior Court e

22. What Am I Required to Do If There’s a Release of a Hazardous Substance?
Safety is top priority
Two primary responsibilities: (1) report and (2) mitigate
Report release or discharge to 911, Fire Department, and Health Officer
Take immediate action to prevent further release
Report release to Vermont Agency of Natural Resources Hotline e

23. Why Was This Ordinance Passed?
Letter from Charlotte Fire Chief
Growing recognition that road salt can be harmful in large quantities
Other municipalities have similar ordinances
Winooski, South Portland, Detroit e