Town of Dover, MA Groundwater Protection Districts

The groundwater underlying the Town is the primary source of its existing and future drinking water supply. Accidental spills and discharges of petroleum products and other toxic or hazardous materials and sewage discharge have repeatedly threatened the quality of such groundwater supplies and related water resources throughout Massachusetts, posing potential public health and safety hazards and threatening economic losses to affected communities.

Therefore, in order to protect the quality of the groundwater, the Town of Dover hereby establishes 3 Groundwater Protection Districts, which are designed to protect the Town's groundwater systems.

§ 116-2 Groundwater Protection Districts.

There shall be the following Groundwater Protection Districts.

(1)

WP, Wellhead protection areas: the protected areas around wells of public water systems.

(2)

GW-1, Groundwater Protection District 1: stratified drift deposits supplying community wells and potential municipal wells. These areas are delineated and protected for several reasons. They provide Dover with a safety valve should an area of the Town become polluted and those residents need a public supply of water. Presently, there exist several small community supply wells in these deposits which supply water to several homes and businesses. Other Towns use these aquifers for public supply wells. Because groundwater does not respect municipal boundaries, they are dependent upon Dover for the protection of water supplies.

(3)

GW-2, Groundwater Protection District 2: bedrock or till well system. Much of the Town is underlain by bedrock and till. According to the Environmental Protection Agency and the Department of Environmental Protection, the complex nature of bedrock fracture systems and the near impossible task of determining the recharge area to a well constructed in bedrock makes them difficult to protect. For this reason, the approach to these wells shall be to regulate potentially threatening activities that are allowed in order to prevent or mitigate the release of contaminants toward the groundwater.

GW-1 and GW-2 boundary criteria.

(1)

Groundwater Protection Districts GW-1 and GW-2 shall be as delineated on the Groundwater Protection Districts Map [1] of the Town of Dover and shall be superimposed over other districts established by the Town of Dover Zoning Bylaw.[2] The boundary between GW-1 and GW-2 has been set at the limit of saturated stratified drift deposits as determined by borings of record (Ref: IEP, Inc., report, "Groundwater Quality Protection Study -- Dover," March 1990). In areas of dispute, GW-1 shall include areas of saturated stratified drift deposits with a total thickness equal to or greater than 5 feet and areas of saturated and unsaturated stratified drift deposits with a total thickness equal to or greater than 10 feet. Isolated stratified drift deposits shall be included in GW-1 only if the total saturated and unsaturated thickness is equal to or greater than 10 feet and the total area extent of the deposits is equal to or greater than 5 acres.

[1]

Editor's Note: The Groundwater Protection Districts Map is included at the end of this chapter (p. 116:A1).

[2]

Editor's Note: See Ch. 185, Zoning.

(2)

When a Groundwater Protection District boundary crosses a lot line, each portion of the lot shall be treated in accordance with the provisions governing the district in which it lies.

(3)

Where the bounds of a Groundwater Protection District as delineated are in doubt or dispute, the burden of proof shall be upon the owner(s) of the land in question to show in which district they should be properly located, and the owner(s) shall be required to pay for an independent review of their case by an expert of the Town's choosing.

§ 116-3 Regulated activities.

Within WP, GW-1 and GW-2 areas, the following conditions shall apply to all activities:

Road salt must be stored within a structure designed to prevent contaminated runoff or leachate.

Pesticides must be stored within a building or structure which will prevent an accidental release onto or below the land surface.

Commercial fertilizers and soil conditioners, in amounts greater than for normal household use, must be stored in a structure with an impermeable cover and liner designed to prevent the generation of contaminated runoff or leachate.

To the extent a lot contains more than 10% impervious surfaces, all precipitation runoff from such surfaces in excess of 10% of the lot area shall be recharged on site.

[Amended 5-2-2005 ATM by Art. 14]

§ 116-4 Prohibited activities.

Within the WP areas, the following activities are prohibited:

(1)

The removal or destruction of trees, shrubs or other vegetation in such a manner as to affect the surface of the wellhead protection areas;

(2)

Surface activities detrimental to the preservation of the wellhead protection areas in their natural state or detrimental to drainage, flood control, erosion control or soil conservation;

(3)

The construction or placing of buildings, roads, utilities or other structures on or above the ground (other than in connection with the development, maintenance and operation of the water supply wells, equipment and related facilities on the premises);

(4)

Activities detrimental to the integrity and water quality of the water supply wells on the premises or inconsistent with the purposes of the protection of the wells; and

(5)

Any activity or construction prohibited by the Wellhead Protection regulations of the Department of Environmental Protection for public water supply wells [310 CMR 22.21(2) (a) and (b) or any modification thereof.]

Within WP and GW-1 areas, the following activities are specifically prohibited:

(1)

Storage of liquid petroleum products of any kind, except those incidental to: normal household use and outdoor maintenance or the heating of a structure; waste oil retention facilities required by MGL c. 21, § 52A; or emergency generators required by statute, rule or regulation, provided that any allowable storage is either in a freestanding container within a building or in a freestanding container above ground level with protection adequate to contain a spill the size of the container's total storage capacity.

(2)

Any generation, treatment, storage or disposal of hazardous waste which is subject to MGL c. 21C and § 30.00 of Title 310, Appendix 1, of the Code of Massachusetts Regulations, as amended, except by or in connection with the following:

(a)

Very small quantity hazardous waste generators;

(b)

Household hazardous waste collection centers or events; and

(c)

Waste oil retention facilities.

(3)

The dumping, disposal or buying of waste, chemicals or other hazardous or offensive materials, or the dumping or placing of soil or other material as landfill, except in connection with construction of an approved structure or in compliance with an approved site plan. Nothing in this Groundwater Protection Districts chapter shall prevent the operation of a municipal recycling facility or leaf composting facility.

(4)

Land application and above ground storage of sludge and septage.

(5)

Any removal of soil, loam, sand, gravel or any other mineral substances within 4 feet of the historical high-water level, as determined by the Board of Health, unless the substances removed are deposited on site in the entire area of said removal to achieve a final grading greater than 4 feet above the historical high-water mark within 45 days of removal, except for excavations for permitted structures, drainage systems or the installation of utility works or those activities within wetlands subject to Massachusetts wetlands statutes and regulations and the Dover Wetlands Protection Bylaw.[1]

[1]

Editor's Note: See Ch. 181, Dover Wetlands Protection.

(6)

The keeping or storing of motor vehicles and motor vehicle parts in any manner which allows fuels, lubricants and solvents to be able to penetrate into the ground.

(7)

Septic disposal systems, including repairs and replacement, which are not approved by the Board of Health pursuant to applicable state and local laws and regulations.

[Amended STM 10-24-1994 by Art. 1]

(8)

Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, except that treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater or surface waters and sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection and the Dover Board of Health's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality.

(9)

Industrial and commercial activities which discharge processed wastewater on-site.

(10)

The utilization of septic system cleaners which contain toxic or hazardous chemicals.

(11)

Floor drainage systems in existing facilities, in industrial and commercial process areas and/or hazardous material and/or hazardous waste storage areas which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.

(12)

The stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II of a well, as defined by DEP regulations 310 CMR 22.02, as amended, that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.

(13)

The storage of hazardous materials, unless such storage is either in a freestanding container within a building or within a freestanding covered container above ground with protection adequate to contain a spill the size of the containers total storage capacity.

§ 116-5 Permits.

Within the GW-2 District, any of the activities prohibited in § 116-4B(1) through (6) and (8) through (13) of this Groundwater Protection Districts Bylaw may be allowed by permit; provided, however, that the proposed location is located outside the WP area and outside of the area identified as Zone II in 310 CMR 22.00 of any public water supply.

[Amended STM 10-24-1994 by Art. 1]

Permit authority. The permit authority under this Groundwater Protection Districts chapter shall be the Board of Selectmen.

Review by other Town agencies.

(1)

Upon receipt of any permit application, the Board of Selectmen shall refer copies of the application to the Board of Health, the Conservation Commission, the Superintendent of Streets and the Planning Board, which shall review, either jointly or separately, the application. The necessary number of copies of the application shall be furnished by the applicant. The Board of Selectmen shall schedule a public hearing to determine if the permit shall be issued. This public hearing shall be advertised twice in a newspaper of general circulation, the first advertisement at least 14 days prior to the day of the public hearing.

(2)

The Selectmen shall make their decision within 60 days of the receipt of the application unless extended upon request of the applicant. The Board of Health, The Conservation Commission, the Superintendent of Streets and the Planning Board shall submit their recommendations to the Board of Selectmen. Failure to make such recommendations within 45 days of the referral of the application shall be deemed lack of opposition. The Board of Selectmen must indicate in its decision why it varied from any recommendation of the agencies to which the proposal was referred. A copy of the Board's decision shall be filed with the Town Clerk and transmitted to the applicant, the Board of Health, the Conservation Commission, the Superintendent of Streets, the Planning Board and the Building Inspector, as well as to any person requesting a copy.

Permit criteria. Permits under this Groundwater Protection Districts Bylaw shall be granted only if the Board of Selectmen determines, in concurrence with the Board of Health, that groundwater quality resulting from on-site wastewater disposal and other on-site operations will not fall below acceptable standards for drinking water at the downgradient property boundary and that the project has been designed to eliminate any significant threat of contamination to the groundwater. In making such a determination, the Board of Selectmen shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree and threat to water quality which would result if the control measures fail.

Submittals. In applying for a permit required by this Groundwater Protection Districts Bylaw, the applicant shall provide the following information:

(1)

Each application for a permit shall be filed in writing with the Board of Selectmen and shall contain a complete description of the proposed activity, a site plan extending at least 400 feet in all directions showing all existing and planned structures, septage systems and water wells, together with any supporting information and plans, including engineering data proving protection of groundwater resources, which the Board of Selectmen may require.

(2)

Determination that the site is located outside the WP area and outside of the area identified as Zone II in 310 CMR 22.00 of any public water supply.

(3)

A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be manufactured, used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures proposed to protect all storage containers/facilities from vandalism, corrosion and leakage and to provide for the control of spills.

(4)

A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods.

§ 116-6 Design and operation requirements.

The following design and operation requirements shall be observed within the Town of Dover.

Safeguards. Provisions shall be made to protect against toxic or hazardous material discharge or loss resulting from corrosion, accidental damage, pillage or vandalism through measures for:

(1)

The prohibition of underground liquid petroleum products storage tanks, in accordance with Board of Health regulations.

(2)

Secured storage areas for toxic or hazardous materials.

(3)

Proper manure storage in accordance with Board of Health regulations.

(4)

Prohibition of discharge of any toxic or hazardous wastes onto or below the land surface.[1]

[1]

Editor's Note: Former Subsection B, Drainage, which immediately followed this subsection, was repealed 5-2-2005 ATM by Art. 14.

§ 116-7 Notice of violation; compliance schedule.

Written notice of any violations of this chapter shall be provided by the agent of the Board of Health to the owner of the premises, with said notice specifying the nature of the violation(s) and a schedule of compliance, including cleanup of any spilled materials. This compliance schedule must be reasonable in relation to the public health hazard involved and the difficulty of compliance. In no event shall more than 30 days be allowed for either compliance or finalization of a plan for longer-term compliance.

§ 116-8 Enforcement.

This chapter shall be enforced by the Board of Selectmen, its agents and employees, who shall have the authority to enter upon privately owned land for the purpose of performing their duties under this chapter, and shall have all other powers and authority necessary to accomplish the purposes of this chapter.

§ 116-9 Definitions.

The following definitions apply to this chapter:

AQUIFER

A geologic formation, group of formations or part of a formation which contains sufficient saturated permeable material to yield potable groundwater to public or private wells.

AUTOMOBILE GRAVEYARD

Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

COMMERCIAL FERTILIZER

Any substance containing 1 or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum and other products exempted by regulation of the Commissioner.

DISCHARGE

The introduction of a liquid or soluble or leachable solid material upon or into land or water bodies. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any wastewater disposal system, drywell, catch basin or landfill which has not received approval by the Board of Health. It does not include irrigation or the use of fertilizer for residential or agricultural purposes.

DRIFT

Any rock material, such as boulders, till, gravel and sand, or clay transported by a glacier and deposited by or from the ice or by or in water derived from the melting of the ice.

GROUNDWATER

All water beneath the surface of the ground in a saturated zone, including perched groundwater.

HAZARDOUS MATERIALS

Any material or waste, in whatever form which, because of its quantity, concentration, corrosivity, flammability, reactivity, toxicity or infectious, chemical or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare or the environment. Hazardous materials shall include, but not be limited to, those materials or wastes listed in Section 261 of Title 40 of the Code of Federal Regulations, as amended, or Section 40.900 of Title 310, Appendix 1, of the Code of Massachusetts Regulations, as amended or MGL c. 21E, as amended.

HAZARDOUS WASTE

Any waste or combination of wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or the environment when improperly treated, stored, transported, used or disposed of or otherwise managed. Hazardous waste shall include, but shall not be limited to, those wastes governed by MGL c. 21C, as amended, or 310 CMR 30.00 et seq., as amended.

HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTERS

Events operated pursuant to Section 30.390 of Title 310, Appendix 1, of the Code of Massachusetts Regulations, as amended.

IMPERVIOUS

A condition which does not allow significant amounts of surface water to penetrate into the soil.

JUNKYARD

Any establishment, place of business or use of property which is maintained, used or operated for storing, keeping, buying or selling junk or for the maintenance or operation of a motor vehicle graveyard and garbage dumps.

LAND APPLICATION

Applying to the surface of soil by spreading, spraying or other similar means; and/or

Mixing or working into the soil or beneath the surface of the soil within the root zone of the crop by harrowing, plowing, rototilling, injecting or other similar means.

LEACHABLE WASTES

Waste materials, including solid wastes, sewage, sludge and agricultural wastes, that are capable of releasing waterborne contaminants to the surrounding environment.

OPEN DUMP

The consolidation of waste from 1 or more sources at a common disposal site.

PESTICIDE

A substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

PUBLIC WATER SUPPLY

A system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.

RECHARGE AREA

Any porous, permeable geologic deposits, especially, but not exclusively, deposits of stratified sand and gravel and fractured bedrock, through which water from any source drains into and replenishes an aquifer and includes any wetland or body of surface water surrounded by or adjacent to such area, together with the watershed of any wetland or body of surface water adjacent to such area. As used in § 116-2, the "recharge area" consists of stratified drift deposits, both saturated and unsaturated, with a total thickness equal to or greater than 10 feet.

ROAD SALT

Sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads.

SANITARY LANDFILL

A method of disposing of solid wastes on land.

SEPTAGE

The liquid, solid and semisolid contents removed from privies, portable toilets, cesspools, holding tanks or other sewage waste receptacles.

SLUDGE

The solid, semisolid and liquid residue that results from a process of wastewater treatment or industrial process by-product.

SOIL CONDITIONER

Any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth. This does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, charcoal, sand, pumice and clay. Examples of unmanipulated vegetable manures are hay, straw, peat, bark mulch and leaf compost.

STRATIFIED DRIFT

Glacial deposits consisting of sorted and layered material deposited by a meltwater stream or settled from suspension in a body of quiet water adjoining a glacier. Till deposits are, by definition, not stratified.

TILL

Poorly stratified and poorly sorted heterogeneous mixture of gravel, boulders, cobbles, pebbles, sand and silt.

VERY SMALL QUANTITY HAZARDOUS WASTE GENERATORS

An operation that does limited generation of hazardous materials. The threshold quantities for a very small quantity generator are set forth in Section 30.353 of Title 310, Appendix 1, of the Code of Massachusetts Regulations, as amended.

WASTE OIL RETENTION FACILITIES

Facilities for collecting waste oil that are required for businesses that sell motor oils. They are required by MGL c. 21, § 52A, with standards set forth in Section 22.22(2)(a)(4) of Title 310, Appendix I, of the Code of Massachusetts Regulations, as amended.

WELLHEAD PROTECTION AREAS

Those protective radii around a public water supply well or wellfield identified as Zone 1 in 310 CMR 22.00.