[HISTORY: Adopted by the Board of Health
of the Town of Eastham 3-5-2020. Amendments noted where applicable.]
The Town of Eastham Board of Health has adopted the following
Groundwater Protection Regulation pursuant to authorization granted
by MGL c. 111, §§ 31 and 122. This chapter shall apply,
as specified below, to all applicable facilities within the Town of
Eastham.
A.Â
Whereas:
(1)Â
Siting of certain uses and activities have the potential to release
hazardous waste, petroleum products and other pollutants into drinking
water supply areas; and
(2)Â
Discharges of leachate, pathogens, and other pollutants have repeatedly
threatened surface and groundwater quality throughout Massachusetts;
and
(3)Â
Surface and groundwater resources contribute to the Town's public
drinking water supplies;
The regulation shall apply to all applicable facilities within
the Zone II and Interim Wellhead Protection Areas located within the
Town of Eastham. These drinking water supply areas are delineated
on a map entitled Groundwater Protection Overlay District Analysis
and dated 7/27/15, which is set forth at the end of this section.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
An establishment that is maintained, used, or operated for
storing, keeping, buying, or selling wrecked, scrapped, or ruined
vehicles or motor vehicle parts, as defined in MGL c. 140B, § 1.
Code of Massachusetts Regulations.
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 to have value in promoting plant growth, except
un-manipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum, and other products exempted by state regulation.
A public or private establishment where the principal use
is the supply, sale, and/or manufacture of services, products, or
information, including but not limited to: manufacturing, processing,
or other industrial operations; service or retail establishments;
printing or publishing establishments; research and development facilities;
small or large quantity generators of hazardous waste; laboratories;
hospitals.
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, pouring, or placing of toxic or hazardous
material or hazardous waste upon or into any land or water such that
it may enter the surface or groundwaters.
A subsurface pit with open-jointed lining or holes through
which stormwater drainage from roofs, basement floors, foundations
or other areas seep into the surrounding soil.
The drinking water supply area protected by this regulation.
Any substance in any form which because of its quantity,
concentration, or its chemical, corrosive, flammable, reactive, toxic,
infectious or radioactive characteristics, either separately or in
combination with one or more substances, constitutes a present or
potential threat to human health, safety, welfare, or to the environment,
when improperly stored, treated, transported, disposed of, used, 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. 21E. This term shall not include hazardous waste or oil.
Materials used in activities related to the maintenance and operation
of public water supply wells will not be considered hazardous materials
under this definition.
A substance or combination of substances, which because of
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 to the environment when improperly treated,
stored, transported, used or disposed of, or otherwise managed. This
term shall include all substances identified as hazardous pursuant
to the Hazardous Waste Regulations, 310 CMR 30.000.
A groundwater elevation determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water runoff to penetrate
into the soil.
The Mass DEP designated protection radius around a public
water well that lacks a Zone II.
An establishment that is maintained, operated, or used for
storing, keeping, buying, or selling junk, or for the maintenance
or operation of an automobile graveyard, as defined in MGL c. 140B,
§ 1.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to the Solid Waste Regulations, 310 CMR 19.006.
Massachusetts Department of Environmental Protection.
Massachusetts General Law.
Discharges from industrial and commercial facilities containing
wastes from any activity other than collection of sanitary sewage.
A facility operated or maintained in violation of the Resource
Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or
state regulations and criteria for solid waste disposal.
Includes, but is not limited to: fuel oil; gasoline; diesel;
kerosene; aviation jet fuel; aviation gasoline; lubricating oils;
oily sludge; oil refuse; oil mixed with other wastes; crude oils;
or other liquid hydrocarbons regardless of specific gravity. "Petroleum
product" shall not include liquefied petroleum gas including, but
not limited to, liquefied natural gas, propane or butane.
Land areas, such as a Zone II and Interim Wellhead Protection
Areas, where precipitation and surface water infiltrates into the
ground to replenish groundwater and aquifers used for public drinking
water supplies.
The liquid, solid, and semisolid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
This term shall not include any material that is a hazardous waste,
as defined by the Hazardous Waste Regulations 310 CMR 30.000.
The solid, semisolid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment including
wastewater residuals. This term shall not include grit, screening,
or grease and oil which are removed at the head-works 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.
Regulated activities providing for public services, including
roads, water, sewer, electricity, gas, telephone, transportation and
their associated maintenance activities. This term shall include the
installation of detention and retention basins for the purpose of
controlling stormwater.
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.
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.
The delineated recharge area to a public drinking water well
as approved by MassDEP and defined under the MA Drinking Water Regulations
310 CMR 22.00. Zone II of the Municipal Water System can be seen on
the Groundwater Overlay District Map dated 7/27/15.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
A.Â
Prohibited land uses and activities. The following land uses and
activities are prohibited in the Groundwater Protection Overlay District:
(1)Â
Landfills and open dumps; except for areas approved for the disposal
of brush and stumps;
(2)Â
Automobile graveyards and junkyards;
(3)Â
Disposal or stockpiling of chemically treated snow and ice that have
been removed from highways and roadways from outside the Groundwater
Protection Area;
(4)Â
Petroleum, fuel oil, and heating oil bulk stations and terminals
including, but not limited to, those listed under North American Industry
Classification System (NAICS) Codes 424710 and 454311, except for
liquefied petroleum gas;
(5)Â
Treatment or disposal works, subject to 314 CMR 5.00, for nonsanitary
wastewater, including those activities listed under 310 CMR 15.004(6),
except for:
(a)Â
Replacement or repair of an existing treatment works that will
not result in a design capacity greater than the design capacity of
the existing treatment works;
(b)Â
Treatment works approved by MassDEP designed for the treatment
of contaminated ground or surface water and operating in compliance
with 314 CMR 5.05(3) or 5.05(13); and
(c)Â
Publicly owned treatment works.
(6)Â
Facilities that generate, treat, store, or dispose of hazardous waste
subject to MGL. c. 21C and 310 CMR 30.000, except for:
(7)Â
The use, generation, storage, treatment or disposal of toxic or hazardous
materials in quantities greater than those associated with normal
household use.
B.Â
Additional prohibited land use and activities unless designed in
accordance with specific performance standards.
(1)Â
Storage of liquid hazardous materials and/or liquid petroleum products,
unless such materials are stored above ground and on an impervious
surface, and in containers (or aboveground tanks) within a building,
or outdoors in covered containers (or aboveground 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. However 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;
(2)Â
Rendering impervious more than 15% or 2,500 square feet, whichever
is greater, of any lot, except one with artificial recharge that will
not degrade water quality. Artificial recharge methods used must comply
with best management practices described in MassDEP's "Storm
Water Handbook," Volumes I, II, III, as amended;
(3)Â
Removal of soil, loam, sand, gravel or any other mineral substances
within four feet of the historical high groundwater table, unless
the substances removed are re-deposited on-site within 45 days of
removal to achieve a final grading greater than four feet above the
historical high water mark, and except for excavations for the construction
of building foundations, the installation of utility works, or wetland
restoration work conducted in accordance with a valid order of condition
issued pursuant to MGL c. 131, § 40;
(4)Â
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 32.31;
(5)Â
Storage of de-icing chemicals including sodium chloride and chemically
treated abrasives, unless such storage is within a structure designed
to prevent the generation and release of contaminated leachate and
runoff;
(6)Â
Storage of animal manure, unless such storage is within a structure
designed to prevent the generation and release of contaminated leachate
and runoff; and
(7)Â
Storage of commercial fertilizers, unless such storage is within
a structure designed to prevent the generation and release of contaminated
leachate and runoff.
A.Â
Certification of conformance with the provisions of this regulation
by the Board of Health shall be required prior to issuance of construction
and occupancy permits.
B.Â
All new construction and/or applicable change of use within the Town
of Eastham shall comply with the provisions of this regulation.
Any person who violates any provision of this regulation, or
who fails to comply with any order by the Board of Health under this
regulation, for which a penalty is not otherwise provided in any of
the general laws shall be subject to a fine of not less than $200
but no more than $1,000. Each day's failure to comply with an
order may constitute a separate violation.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.
