Town of West Boylston, MA - 2.6 Aquifier and Watershed Protection District

2.6 Aquifer and Watershed Protection District

A. Purpose of District

The purpose of this Aquifer and Watershed Protection District is:

1.) To promote the health, safety, and general welfare of the community by ensuring the adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town of West Boylston;

2.) To preserve and protect existing and potential sources of drinking water supplies;

3.) To conserve the natural resources of the town; and

4.) To prevent temporary and permanent contamination of the environment.

1.) "Aquifer" means a geological formation which contains potable water and which yields or could yield a significant quantity of water

2.) "Discharge" means the pouring, dumping, spilling, leaking, pumping, depositing or injecting of any hazardous substance upon or into any land or water within the town.

3.) "District" means the zoning district defined to overlay the other zoning districts in the Town of West Boylston.

The Aquifer Protection District includes two recharge areas:

Zone II: The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days at safe yield with no recharge from precipitation) as defined in 319 Code of the Commonwealth of Massachusetts Regulations (CMR) 22.00.

Zone III: The land area beyond the area of Zone II from which the surface water and groundwater drain into Zone II, as defined in 310 CMR 22.00

4.) "Groundwater" means all the water beneath the surface of the ground.

5.) "Hazardous Substance" means any material, the presence of which in drinking water, poses a significant, actual or potential risk of injury to the health of person, animals, or plants, including, without implied limitations, any material which constitutes "hazardous waste" for the purpose of M.G.L. Chapters 21C, 21E and 310 CMR 30.00. The Town Clerk shall maintain a list of the substances so designated under M.G.L. Chapters 21C, 21E and CMR 30.00.

6.) "Impervious" means impenetrable by water.

7.) "Map" means the Aquifer and Watershed Protection Overlay District identified below.

8.) "Mining" means the removal or relocation of geological materials including, without implied limitation, topsoil, sand, gravel, ores and rock.

9.) "Recharge Area" means:

a.) A geological formation of permeable, porous material which allows the infiltration and/or collection of precipitation or surface water and the transmission of such water to an aquifer;

b.) Any wetland, stream, or body of water surrounded by, or adjacent to such an area; and

c.) The watershed of any such area, wetland, stream, or body of water.

10.) "Solid Waste" means useless, unwanted, or discharge materials with insufficient liquid content to be free flowing, including, without implied limitation, scrap, junk, garbage, rubbish, inert fill material and landscape refuse.

11.) "Septic Waste" means wastewater from normal domestic use containing normal kinds and concentrations of hazardous substances.

12.) "Town" means the Town of West Boylston.

C. Scope of Authority

The Aquifer Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction or expansion of existing buildings and new or expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the Aquifer Protection District must additionally comply with the requirements of this district. Uses that are prohibited in the underlying zoning districts shall not be permitted in the Aquifer Protection District.

D. Establishment and Delineation of the Aquifer Protection District

For the purpose of this district, here are hereby established within the town certain groundwater protection areas consisting of aquifers or recharge areas and delineated on map as "Aquifer Protection District". This map is at a scale of 1 inch to 800 feet and is entitled "Town of West Boylston Zoning Map", dated June 2, 1975 and revised December 1992. This map is hereby made a part of the Town by-laws and is on file in the office of the Town Clerk.

E. District Boundary Disputes

If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a Special Permit application to the Special Permit Granting Authority (SPGA). Any application for a Special Permit for this purpose shall be accompanied by an adequate documentation.

The burden of proof in such case concerning the proposed designation of the land at issue shall be upon the owner(s) of the land in question. The owner(s) may engage a geologist, hydrologist, soil scientist or a Massachusetts Professional Engineer experienced in groundwater evaluation or hydrology to determine more accurately the boundaries of the District with respect to the individual parcel(s) of land.

The SPGA may engage a professional geologist, hydrologist, soil scientist or a Massachusetts Professional Engineer experienced in groundwater evaluation or hydrogeology for the purpose of determining whether the land in question possesses the characteristics by which resource protection districts are delineated or whether land designated a lying within Zone II actually possesses the characteristics by which Zone II is delineated and may charge the owner(s) for the cost of making such determination.

The SPGA shall provide the owner(s) with a statement of work performed and the cost thereof when charging owner(s) hereunder.

F. Use Regulations

Within the District both the regulations of this Section 2.6 and the regulations of the underlying district shall apply, except that in case of a conflict or inconsistency between such regulations, the more restrictive regulations shall apply.

The following uses are permitted within the Aquifer Protection District, provided all necessary permits, orders or approvals required by local, state or federal law are also obtained and remain in force for such use:

a.) Conservation of soil, water, plants and wildlife;

b.) Outdoor recreation not involving the use of motorized vehicles, nature study, boating, fishing and hunting;

c.) Foot, bicycle and/or horse paths and bridges;

d.) Normal operation and maintenance of existing water bodies and dams, splash boards and other water control supply and conservation devices;

e.) Maintenance, repair, and enlargement of any existing structure, subject to Section 2 (Prohibited Uses) and Section 3 (Special Permit Uses);

f.) Residential development, subject to Section 2 (Prohibited Uses) and Section 3 (Special Permit Uses);

g.) Farming, gardening, nursery, conservation, forestry, harvesting and grazing subject to Section 2 (Prohibited Uses) and Section 3 (Special Permit Uses);

h.) Construction, maintenance, repair and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts and tunnels;

i.) Operation and maintenance of roads and existing highways:

j.) Individual sewage disposal systems that are designed in accordance with 310 CMR 15.00 or the Town of West Boylston's Board of Health Codes, whichever is more strict, provided that:

i.) The replacement or repair of a system, which will not result in an increase of design capacity over the original design, or design capacity of 310 CMR 15.00 whichever is greater, shall be exempted;

ii.) In the event cluster zoning subdivisions become allowed, the total sewage flow allowed shall be calculated based on the number of lots in the entire parcel.

a.) Landfills and open dumps

b.) Storage of liquid petroleum products except the following;

i.) Normal household use, outdoor maintenance and heating of a structure;

ii.) Waste oil retention facilities required by statue, rule or regulation;

iii.) Emergency generators required by statue, rule or regulation;

iv.) Treatment works approved under 314 CMR 5.99 for treatment of ground or surface water;

Provided that such storage listed in items 1 through 4 above is in free standing containers within building or above ground with secondary containment adequate to contain a spill the size of the container's total storage capacity.

c.) Landfilling of sludge or septage as defined in 310 CMR 32.05;

d.) Storage of sludge and septic unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

e.) Storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;

f.) Storage of animal manure unless covered or contained in accordance with the specification of the United States Conservation Service;

g.) Earth removal consisting of the removal of soil, loam, sand, gravel or any other earth material (including mining activities) to within 100 feet of historical high groundwater as determined from monitoring wells and historical water tables fluctuation data compiled by the United States Geological Survey except for excavations for building foundations, roads or utility works.

h.) Facilities that generate, treat, store or dispose of hazardous waste subject to M.G.L. 21C and 310 CMR 30.00 except the following:

i.) Very small quantity generators as defined under 310 CMR 30.00;

ii.) Household hazardous waste centers and events under 310 CMR 30.390;

iii.) Waste oil retention facilities required by M.G.L. Chapter 21, Section 52A;

iv.) Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters.

i.) Automobile graveyards and junkyards;

j.) Treatment works that are subject of 314 CMR 5.00 including privately owned sewage treatment facilities except the following;

i.) The replacement or repair of and existing treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);

ii.) The replacement of existing sub-surface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s);

iii.) Treatment works approved by the Massachusetts Department of Environmental Protection (DEP) designed for the treatment of contaminated groundwater;

iv.) Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the Special Permit Granting Authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality.

k.) Storage of hazardous materials as defined in M.G.L. chapter 21E, unless in a free standing container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container's total storage capacity;

l.) Industrial and commercial uses which discharge process water on site;

m.) Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district;

n.) Storage of commercial fertilizers as defined in M.G.L. Chapter 128, Section 64, unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff and lechate;

o.) The use of septic system cleaners which contain toxic or hazardous chemicals;

p.) Any floor drainage systems as defined in 310 CMR 22.21 (2) (a) 8;

q.) All development in which more than 15 percent on the building lot (including one-half of the area portion of any new street which abuts the lot) is rendered impervious.

3. Uses and Activities Requiring a special Permit

The following uses and activities are permitted upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:

a.) Enlargement or alteration of existing uses that do not conform to the Aquifer and Watershed Protection District;

b.) The Application of pesticides, including herbicides, insecticides, fungicides and rodenticides for non-domestic or non-agricultural uses in accordance with state and federal standards. The Special Permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan (PMP) or Integrated Pest Management (IPM) program under 333 CMR 12.00;

c.) The application of fertilizers for non-domestic or non-agricultural uses. Such application shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation;

d.) Those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use is permitted in the underlying Zone (except as prohibited under Section 2). Such activities shall require a Special Permit to prevent contamination of groundwater;

e.) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses created for swimming, fishing or other recreational uses, agricultural uses or drainage improvements. Such activities shall not adversely affect water quality or quantity.

G. Procedures for issuance of Special Permit

1.) The Special Permit Granting Authority (SPGA) under this by-law shall be the Planning Board. Such Special Permit shall be granted if the SPGA determines that the intent of this by-law as well as its specific criteria are met.

The SPGA shall not grant a Special Permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed information to support positive findings in relation to the standards delineated in Section 2.6 E and given in this section.

2.) Upon receipt of the Special Permit application under this Section 2.6, the SPGA shall, in addition to complying with Section 2.6, transmit one copy to the Water District, the Inspector of Buildings, the Board of Health, the Conservation Commission, and the Town Engineer/Department of Public Works for their written recommendations.

Failure to respond in writing within 35 days of receipt by the Board shall indicate approval or no desire to comment by said agency. The necessary number of copies shall be furnished by the applicant.

3.) The SPGA may grant the required Special Permit only upon finding that the proposed use meets the following standards in Section 2.6 of this by-law and shall:

a.) Not during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Aquifer Protection District; and

b.) Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristics of the site to be developed.

4.) The SPGA may adopt regulations to implement this by-law to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Town.

5.) The applicant shall file required number of 6 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a Massachusetts Professional Engineer. All additional submittals must be prepared by qualified professionals. The site plan and its attachments shall, at a minimum, include the following information where pertinent:

a.) A complete list of chemicals, pesticides, herbicides, fertilizers, fuels and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;

b.) For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, Fire Chief and Board of Health.

c.) Proposed down-gradient locations(s) for the groundwater monitoring well(s) should the SPGA deem the activity a potential aquifer threat.

The Plan shall include:

i.) Provisions to protect against discharge of hazardous materials or wastes to the environment die to spillage, accidental damage, corrosion, leakage or vandalism including spill containment and cleanup procedures;

ii.) Procedures for indoor secured storage of hazardous materials and wastes with impervious floor surfaces;

iii.) Evidence of compliance with the Regulation of the Massachusetts Hazardous Waste Management Act 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of environmental Protection.

6.) The SPGA shall hold a hearing in conformity with the provision of M.G.L. chapter 40A, Section 9 within 65 days after the filing of the application and after the review by the Town boards, departments, commissions and the Water District.

Notice of the public hearing shall be given by publication and posting and by first-class mailing to "parties of interest" as defined in Chapter 40A, Section 11.

The SPGA shall obtain with each submission a filing fee (to be established by the SPGA) and a deposit sufficient to cover any expenses connected with the public hearing and review of the Special Permit application. Review fees shall be paid by the applicant before the Special Permit application review process shall begin. Any portion of the fee not used shall be returned to the applicant.

The decision of the SPGA and any extensive, modification or renewal thereof shall be filed with the SPGA and the Town Clerk within 90 days following the close of the Public Hearing. Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by said Section 11.

7.) Written notice of any violations of this Section 2.6 shall be given by the Zoning Officer (Inspector of Buildings) to the responsible person as soon as possible after the detection of a violation or a continuing violation.

Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation and may also identify the actions necessary to remove or remedy the violations and preventative measures required for avoiding future violations and a schedule of compliance.

A copy of such notice shall be submitted to the Planning board, the Board of Health, conservation commission, Town Engineer/Department of Public Works and Water District. The cost of containment, clean-up or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the Aquifer Protection District, the Town of West Boylston, the Inspector of Buildings, the Board of Health, or any of their agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the Town of West Boylston, the Inspector of Buildings, the Board of health or any of their agents, if authorized to enter upon such premises under the terms of the Special Permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and/or operator of the premises.

A determination that any portion or provision of this Aquifer Protection District is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any Special Permit previously issued hereunder.

June 23, 1986 - Article 2

May 16, 1994 - Article 2