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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
AQUIFER
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
AUTOMOBILE GRAVEYARD
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.
CMR
Code of Massachusetts Regulations.
COMMERCIAL FERTILIZER
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.
COMMERCIAL/INDUSTRIAL FACILITY
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.
DISCHARGE
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.
DRY WELL
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.
HAZARDOUS MATERIAL
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.
HAZARDOUS WASTE
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.
HISTORICAL HIGH GROUNDWATER TABLE
A groundwater elevation determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above, or below the ground that
does not allow precipitation or surface water runoff to penetrate
into the soil.
JUNKYARD
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.
LANDFILL
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.
MASSDEP
Massachusetts Department of Environmental Protection.
MGL
Massachusetts General Law.
NON-SANITARY WASTEWATER
Discharges from industrial and commercial facilities containing
wastes from any activity other than collection of sanitary sewage.
OPEN DUMP
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.
PETROLEUM PRODUCT
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.
RECHARGE AREAS
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.
SEPTAGE
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.
SLUDGE
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.
TREATMENT WORKS
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.
UTILITY WORKS
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.
VERY SMALL QUANTITY GENERATOR (VSQG)
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.
WASTE OIL RETENTION FACILITY
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.
ZONE II
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.
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.