The purpose of this section is to promote the
health, safety and welfare of the community by protecting and preserving
the public drinking water resources of Northampton and abutting communities
from any use of land or structures which reduces the quality or quantity
of its public drinking water resources. There is sufficient data to
show that the minimum lot size in water supply areas should be at
least 80,000 square feet (e.g., the Ward Mott study performed for
the Northampton drinking water supply), although smaller and larger
minimum lot sizes are not uncommon. As such, it is the purpose of
this zoning to generally have a minimum lot size of 80,000 square
feet.
The Water Supply Protection Districts are herein
established to include all specified lands within the City of Northampton.
The intent of the Water Supply Protection Districts is to include
lands lying within the primary and secondary recharge areas of groundwater
aquifers which provide public water supply, as well as watersheds
of public surface water supplies.
The following uses are prohibited in the Water
Supply Protection Districts:
A. All uses which manufacture, process, store or dispose
of hazardous materials as a principal activity, including, but not
limited to, metal plating, chemical manufacturing, wood preserving
and furniture stripping, auto body repair and dry cleaning.
B. All facilities that generate, treat, store or dispose
of hazardous wastes which are subject to MGL c. 21C and 310 CMR 30.00
as amended, except very small quantity generators, as defined by 310
CMR 30.353, as may be amended.
C. Trucking or bus terminals; motor vehicle gasoline
sales.
D. Car washes, except when located on public water/sewer
systems and disposing of wastewater in said sewer system.
E. Sanitary landfills and open dumps, as defined in 310
CMR 19.01 as amended, except for sanitary landfills that have a site
assignment permit issued in accordance with 310 CMR 16.000 that predates
the adoption of this amendment and a heavy public use special permit
from City Council. Specific landfill operations and types of wastes
accepted must be in accordance with Massachusetts Department of Environmental
Protection Solid Waste Management Facility Regulations (310 CMR 19.000)
and policies. Ancillary operations associated with the landfill facility
are also acceptable, including various recycling collections, household
hazardous waste collection events, leaf and yard waste composting
and composting of other organic materials.
F. Automobile graveyards and junkyards, as defined in
MGL c. 140B, § 1, as may be amended, solid wastes, and junk
and salvage yards.
G. Business and industrial uses which involve the on-site
disposal of process wastes from operations.
H. Animal feedlots exceeding 10 animals.
I. Disposal of liquid or leachable wastes, including:
(1)
The installation or enlargement of a subsurface
waste disposal system and any wastewater treatment works that discharges
onto or below the land for any building or use when it is feasible
to hook into a municipal sanitary sewer system B.
(2)
Business or industrial uses which involve the
on-site disposal of wastes from personal hygiene and food preparation
for residents, patrons and employees.
(3)
Land application and storage of sludge and septage
and sludge and septage monofils, as defined in 310 CMR 32.05, as amended.
J. Petroleum, fuel oil and heating oil bulk stations
and terminals and underground storage of oil, gasoline and all other
petroleum products, excluding propane, liquefied petroleum, and natural
gases. Notwithstanding this prohibition, such storage shall be allowed
outside of any DEP aquifer zone I and II as follows:
(1)
Underground storage of heating oil shall be
allowed where natural gas is not available and where such storage
meets all requirements for secondary containment specified in 527
CMR 1-50; or
(2)
When storage is incidental to emergency generators
required by statute, rule or regulation, provided that such 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.
K. Underground transmission of oil, gasoline or other
petroleum products, excluding propane, liquefied petroleum and natural
gases.
L. Storage of sodium chloride (road salt), calcium chloride,
chemically treated abrasives or other chemicals used for the removal
of snow or ice on roads, unless such storage does not exceed 50 gallons
and is within a structure designed to prevent the generation of contaminated
run-off and the off-site stockpiling and disposal of snow or ice containing
sodium chloride, calcium chloride, chemically treated abrasives or
other chemicals used for the removal of snow or ice on roads which
has been removed from highways and streets (other than by plowing
to the edge of the street).
M. Outdoor storage of pesticides or herbicides, including
those defined in MGL c. 132B, § 2, as may be amended, the
storage of commercial fertilizers and soil conditioners, as defined
in MGL c. 128, § 64, as may be amended, and the stockpiling
of animal manures, unless such storage is within a building or structure
with an impermeable cover and liner designed to prevent the generation
of contaminated run-off or leachate and accidental release onto or
below the land surface.
N. The use of septic system cleaners which contain toxic
chemicals, including, but not limited to, methylene chloride and 1-1-1
trichlorethane.
O. Medical, testing and research laboratories that dispose
of biological or chemical wastes.
All runoff from impervious surfaces shall be
recharged on the site by being diverted toward 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
contamination. Any and all recharge areas shall be permanently maintained
in full working order by the owner.
Businesses and industries shall make provisions
for protection against toxic or hazardous materials, discharge or
loss resulting from corrosion, accidental damage, spillage or vandalism,
including, but not limited to, the following:
A. Spill containment and cleanup provisions to prevent
hazardous material spillage to the environment;
B. Provisions for the prevention of corrosion and leakage
of containers storing hazardous materials;
C. Provisions for indoor, secured storage of hazardous
materials and accumulated hazardous wastes, and for protection from
vandalism; and
D. Provisions for impervious floor surfaces where hazardous
materials are used or stored with no drainage discharge to the environment.