[HISTORY: Adopted by the Board of Health of the Town of Walpole effective 5-25-2000;
last amended 1-23-2001. Subsequent amendments noted where
applicable.]
A.
Whereas:
(1)
Siting of land uses that have the potential to release
hazardous waste, petroleum products, or other contaminants significantly increases
the risk of contamination; and
(2)
Poor management practices, accidental discharges, and
improper maintenance of these facilities may lead to the release of pollutants;
and
(3)
Discharges of hazardous wastes, leachate, pathogens,
and other pollutants have repeatedly threatened surface and ground water quality
throughout Massachusetts; and
(4)
Surface and ground water resources in the Town of Walpole
contribute to the Town's drinking water supplies;
A.
The Walpole Board of Health adopts the following regulation
pursuant to authorization granted by MGL c. 111, §§ 31 and
122. The regulation shall apply, as specified herein, to all applicable facilities
within the Zone 2.
B.
This regulation applies to all parcels within the Town
of Walpole that have been designated by MA DEP within Zone 2.
For the purposes of this regulation, the following words and phrases
shall have the following meanings:
Any substance containing one or more recognized plant nutrients which
is used for its 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.
The Massachusetts Department of Environmental Protection.
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.
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 MGL c. 21C and c. 21E, using the Massachusetts
Oil and Hazardous Substance List (310 CMR 40.0000). The definition may also
include acids and alkalis, solvents, thinners, and pesticides.
A groundwater elevation which is determined from monitoring wells
and historical water table fluctuation data complied by the United States
Geological Survey.
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.
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).
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.
The liquid, solid, and semisolid 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.
The solid, semisolid, 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.
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.
The handling, generation, treatment, storage, or management of toxic
or hazardous materials.
Any public or private entity, other than residential, which produces
less than 27 gallons (100 kilograms) a month of hazardous waste oil, but not
including any acutely hazardous waste as defined in 310 CMR 30.136.
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 MGL c. 21, § 52A.
That 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 of pumping at approved yield, with no recharge from precipitation).
It is bounded by the groundwater divides which result from pumping the well
and by the contact of the aquifer with less permeable materials such as till
or bedrock. In some cases, streams or lakes may act as recharge boundaries.
In all cases, Zone 2 shall extend up gradient to its point of intersection
with prevailing hydrogeologic boundaries (a groundwater flow divide a contact
with till or bedrock, or a recharge boundary).
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 2.
(1)
Landfills,
(2)
Open dumps,
(3)
Automobile graveyards and junkyards,
(4)
Sludge and septage monofils,
(5)
Stockpiles (disposal) of chemically treated snow and
ice that have been removed from highways and roadways outside the Zone 2.
(6)
Petroleum, fuel oil and heating oil bulk stations and
terminals, including, but not limited to, those listed under standard industrial
classification (SIC) codes 5171 and 5983. SIC codes are established by the
US Office of Management and Budget and may be determined by referring to the
publication Standard Industrial Classification Manual, and any subsequent
amendments.
B.
Facilities for the treatment or disposal of nonsanitary
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; and
(2)
Treatment works approved by the Department and designed
for the treatment of contaminated ground or surface waters and operated in
compliance with 314 CMR 5.05(3) or 5.05(13); and
(3)
Publicly owned treatment works.
C.
Facilities that generate, treat, store, or dispose of
hazardous waste are prohibited, with the following exceptions;
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; or greater than the original topographic elevation,
whichever is less; and
(2)
Excavations for the construction of wetland areas, ponds,
building foundations or the installation of utilities including but not limited
to retention and/or detention drainage basins and swales.
E.
Land uses that result in impervious cover of more than
15% or 2,500 feet of any lot, whichever is greater, are prohibited; unless
a system of artificial recharge of precipitation is provided that will not
result in the degradation of groundwater quality.
A.
The storage of certain waste material, 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 liquid hazardous materials, as defined in MGL c. 21E,
and/or liquid petroleum products is prohibited unless the materials are stored:
(a)
Above ground level, and
(b)
On an impervious surface, and
(c)
In containers (or above ground tanks) within a building,
or outdoors in covered containers (or above ground tanks) designed and operated
to hold either 10% of the total possible storage capacity of all containers,
or 110% of the largest container's storage capacity, whichever is greater.
B.
These storage requirements shall not apply to the replacement
of existing tanks or systems for the keeping, dispensing or storing of gasoline
provided the replacement is performed in a manner consistent with state and
local requirements.
C.
Compliance with all provisions of this regulation must
be accomplished in a manner consistent with Massachusetts Plumbing, Building,
and Fire Code requirements.
Failure to comply with provisions of this regulation will result in
the levy of fines of not less than $200, but no more than $1,000. Each day's
failure to comply with the provisions of this regulation shall
constitute a separate violation.
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.
