[Added 11-4-1985 STM, Art. 24 (Amdt. No. 66)]
The purpose of the Water Resource Districts
are to protect the public health by preventing contamination and degradation
of surface water and groundwater resources providing water supply
for the Town, including other Towns which exchange water with this
Town or may do so, namely Groveland, Newbury and Rowley.
Water Resource Districts (WR) are hereby created as shown on the map entitled "Map 22 Water Resource Districts Map. May 6, 1985," and described in § 165-36. Said districts shall be considered to be superimposed over any other districts established in this chapter. Land in a Water Resource District may be used for any purpose otherwise permitted in the underlying district, subject to the following additional restrictions. In case of conflict, the greater restriction shall apply.
The following uses are prohibited in a Water Resource District: commercial car washes, road salt stockpiles, subsurface hazardous chemical, gasoline and oil storage in corrodible containers, coin-operated or commercial laundries and any other use which involves as a principal activity the manufacture, storage, use transportation or disposal of toxic or hazardous materials as defined in § 165-7.
The following shall be allowed only if granted a special permit as provided in §§ 165-33, 165-34 and 165-35:
A.
Any principal use involving the sale, storage or transportation
of fuel oil or gasoline.
B.
Any use involving the retention of less than 30% of
lot area in its natural state with no more than minor removal of existing
trees and ground vegetation, or rendering impervious more than 40%
of lot area.
C.
Any use involving on-site disposal of process wastes
from operations other than personal hygiene and food for residents,
patrons and employees.
D.
Any use, other than a single-family dwelling, with
a sewage flow, as determined by Title 5 of the State Environmental
Code, exceeding 110 gallons per day per 10,000 square feet of lot
area or exceeding 15,000 gallons per day regardless of lot area.
E.
Any use involving the generation of toxic or hazardous
waste materials in quantities greater than associated with normal
household use.
F.
Sanitary landfills and transfer stations, junkyards
and Class Two motor vehicle licenses, dry-cleaning establishments,
motor boat and motor vehicle service and repair.
[Amended 6-26-1995 ATM, Art. 8 (Amdt. No. 93)]
A special permit may be granted by the special
permit granting authority, or SPGA, which shall consist of the members
of the Zoning Board of Appeals. The applicant shall submit the information
listed below, together with any other information listed in a regulation
issued by said SPGA, which regulation and others appropriate to carry
out the purpose of this are hereby authorized.
A.
A complete list of all chemicals, pesticides, fuels
and other potentially toxic or hazardous materials to be 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 or facilities from vandalism, corrosion
and leakage and to provide for control of spills.
B.
A description of potentially toxic or hazardous wastes
to be generated indicating storage and disposal methods.
C.
Evidence of approval by the Massachusetts Department
of Environmental Protection (DEP) of any industrial waste treatment
or disposal system or any wastewater treatment system over 15,000
gallons per day capacity.
D.
For underground storage of toxic or hazardous materials,
evidence of qualified professional supervision of system, design and
installation.
Except for single-family dwellings, the following
design and operations guidelines shall be observed within the Water
Resource Districts:
A.
Safeguards. Provision shall be made to protect against
toxic or hazardous materials discharge or loss resulting from corrosion,
accidental damage, spillage or vandalism through such measures as
spill control provisions in the vicinity of chemical or fuel delivery
points; secure storage areas for toxic or hazardous materials; and
indoor storage provisions for corrodible or dissolvable materials.
For operations which allow the evaporation of toxic or hazardous materials
into the interiors of any structures, a closed vapor recovery system
shall be provided for each such structure to prevent discharge of
contaminated condensate into the groundwater.
B.
Location. Where the premises are partially outside
the Water Resource District, potential pollution sources such as on-site
waste disposal systems shall be located outside the district to the
extent feasible.
C.
Disposal. For any toxic or hazardous waste to be produced
in quantities greater than those associated with normal household
use, the applicant must demonstrate the availability and feasibility
of disposal methods which are in conformance with MGL C. 21C.
D.
Drainage. All runoff from impervious surfaces shall
be recharged on the site, diverted towards areas covered with vegetation
for surface infiltration to the extent possible. Dry wells shall be
used only where other methods are infeasible and shall be preceded
by oil, grease and sediment traps to facilitate removal of contaminants.
Upon filing an application on a form approved as to design by the special permit granting authority (SPGA) and payment of a filing fee payable to the Town in an amount set by regulation of the SPGA, and posting of a notice in the Town Office Building and with the Town Clerk, and advertising in a newspaper as provided in MGL C. 40A, § 11, and compliance with said section, and delivery of the application and other information as requested to the Conservation Commission, Fire Chief, Hazardous Waste Coordinator, Building Inspector and any other board or officer listed in a regulation of the SPGA and as required by state law, and after a site plan review has been held by the Boards as provided in § 165-83 and notice to abutters as provided in MGL. C. 40A, § 11, and after a public hearing is held by the SPGA, the SPGA may grant a special permit if it makes the following determination as well as those in § 165-29 of this Article, namely: that the applicant has proved that any proposed use will not result in the degradation or the potential degradation of any ground and of any surface water resources provided water supply to the Town as defined above, including potential water supply to the Town or any other Town.
Water Resource Districts are defined as any area within 1,000 feet of the following brooks or any tributary thereto: Parker, Penn, Bulford, Lufkins, Muddy, Wheeler, Jackman, Great Sweep and Plough Brooks. Also any area in or flowing into Floodplain Districts described in § 165-28. Said brooks are shown on a map on file in the office of the Selectmen entitled "Map 22, Water Resource Districts, May 6, 1985," and Appendix, pages 15 and 16.
The penalty for violation of this articlemay be recovered by the Hazardous Waste Coordinator or any person designated in writing by the Selectmen as well as the Building Inspector as provided in § 165-99 of this chapter.
