ARTICLE 33
GROUNDWATER PROTECTION REGULATION
Whereas:
· siting of land uses that have the potential to release hazardous waste, petroleum products or other contaminants significantly increases the risk of contamination; and
· poor management practices, accidental discharges, and improper maintenance of these facilities may lead to the release of pollutants; and
· discharges of hazardous wastes, leachate, pathogens, and other pollutants have repeatedly threatened surface and ground water quality throughout Massachusetts; and
·
surface and ground water resources in the Town
of
· preserving and protecting the Town's drinking water resources from discharges of pollutants; and
· minimizing the risk of public health and the environment to the Town due to such discharge
SECTION II. Scope Of Authority
The Town of
SECTION III. Definitions
Commercial fertilizers: Any substance containing one or more recognized plant nutrients which is used for plant nutrient content and which is designed for use, or claimed by its manufacturer to have value in promoting plant growth. Commercial fertilizers do not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum.
Department: The Massachusetts Department of Environmental Protection.
Discharge: The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous waste or any constituent thereof may enter the land or waters of the Commonwealth. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system.
Hazardous Material: A product, waste or combination of substances which because of its quantity, concentration, or physical, chemical, toxic, radioactive, or infectious characteristics may reasonably pose a significant, actual, or potential hazard to human health, safety, welfare, or the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as "toxic" or "hazardous" under Massachusetts General Laws (M.G.L.) Chapter 21C and 21E using the Massachusetts Oil and Hazardous Substances List (310 CMR 40.0000). The definition may also include acids and alkalis, solvents, thinners, and pesticides.
Historical High Groundwater Table Elevation: A groundwater elevation which is determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
Interim Wellhead Protection Areas (IWPA): For public supply wells or wellfields that lack a Department approved Zone II, the Department will apply an interim wellhead protection area. This interim wellhead protection area shall be a one-half mile radius measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells that pump less than 100,000 gpd, the IWPA radius is proportional to the well's approved daily volume following the IWPA Chart as referenced in Division Water Supply Policy 92-01.
Landfill: A facility established (in accordance with a valid site assignment) for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
Non-sanitary wastewater: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage, including, but not limited to activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004 (6).
Open Dump: A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004 (a)(b), or the regulations and criteria for solid waste disposal.
Septage: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material which is a hazardous waste, pursuant to 310 CMR 30.000.
Sludge: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening or grease and oil which are removed at the headworks of a facility.
Treatment Works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not including any works, receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal.
Use of Toxic or Hazardous Material: The handling, generation, treatment, storage, or management of toxic or hazardous materials.
Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
Waste Oil Retention Facility: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge, of petroleum waste products in accordance with M.G.L. c.21.s.52A.
SECTION IV. Prohibitions
A. Notwithstanding any land uses which are otherwise permitted by local, state and/or other federal laws, the siting of any of the following is prohibited in the Zone II or IWPA:
1. landfills.
2. open dumps.
3. sludge and septage monofils, and
4. stockpiles (disposal) of chemically treated snow and ice that have been removed from highways and roadways outside the Zone II.
B. Facilities for the treatment or disposal of non-sanitary wastewater are prohibited, with the following exceptions:
1. Replacement or repair of an existing system is exempt if the existing design capacity is not exceeded.
2. Treatment works approved and in compliance with M.G.L. c.21E and 310 CMR 40.000 designed for the treatment of contaminated ground or surface waters.
C. Facilities that generate, treat, store or dispose of hazardous waste are prohibited, with the following exceptions:
1. very small quantity generators.
2. household hazardous waste collection centers or collection events.
3. waste oil retention facilities, and
4. treatment works for the restoration of contaminated ground or surface waters in compliance with M.G.L. c.21E and 310 CMR 40.000.
D. Removal of soil, loam, sand, gravel, or any other mineral substances within four feet of the historical high groundwater table elevation is prohibited with the following exceptions:
1. substances which are removed and redeposited within 45 days of removal on site to achieve a final grade greater than four feet above the historical high water mark; and
2. excavations for the construction of building foundations or the installation of utilities.
E. Land uses that result in impervious cover of more than 15% or 2500 feet of any lot, whichever is greater, are prohibited, unless a system of artificial recharge or precipitation is provided that will not result in the degradation of groundwater quality.
SECTION V. Conditional Prohibitions
The storage of certain waste materials, chemicals, and petroleum products is prohibited except if contained in accordance with the following requirements:
1. Storage of sludge and septage is prohibited unless storage is in compliance with 310 CMR 32.00.
2. Storage of roadway de-icing chemicals, (sodium chloride, chemically treated abrasives, or other chemicals) and the storage of chemical fertilizers are both prohibited, unless the storage is in a structure that prevents the generation and release of contaminants or contaminated runoff.
3. Storage of animal manure is prohibited unless covered or contained in accordance with the standards and guidelines of the US Soil Conservation Service.
4. Storage of liquid hazardous materials is prohibited unless the materials are either in a free standing container within a building, outdoors, or in a free standing covered container above ground level with spill containment capacity of 100% of the volume.
5. Storage of any type of liquid petroleum products is prohibited, unless any of the following applies:
a. the products are incidental to normal household use, including outdoor maintenance, or for the heating of a structure;
b. waste oil retention facilities;
c. emergency generators; and
d. treatment works in compliance with M.G.L.c21E and 310 CMR 40.000 designed for the restoration of contaminated ground or surface waters.
Storage of the exempted liquid petroleum products (5.a through 5.d) must be either in a free standing container within a building, outdoors, or in a free standing covered container above ground level with spill containment capacity of 100% of the volume stored.
6. Compliance with all provisions of this regulation must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire Code requirements.
SECTION VI. Effective Dates For All Facilities
The effective date of this regulation is the date of adoption of the regulation.
1. As of
the effective date of the regulation, all new construction and/or applicable
change of use within the Town of
2. Certification of conformance with the provisions of this regulation by the Town Engineer acting as Agent for the Board of Selectmen shall be required prior to issuance of construction and occupancy permits.
SECTION VII. Penalties
Failure to comply with provisions of this regulation will result in the levy of fines of not less than $200.00 but no more than $1,000.00. Each day's failure to comply with the provisions of this regulation shall constitute a separate violation.
SECTION VIII. Severability
Each provision of this regulation 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.