[HISTORY: Recodified ATM 3-8-1965 by Art. 14;
ATM 5-3-1993 by Art. 28. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Junk and junkyards — See Ch. 123.
Recycling — See Ch. 157.
Vehicles, abandoned and junked — See Ch. 167.
Water — See Ch. 177.
Wetlands protection — See Ch. 181.
Zoning — See Ch. 185.
Manure — See Ch. 213.
Sewage disposal systems — See Ch. 217.
Underground storage tanks — See Ch. 230.
Wells — See Ch. 233.
Wetlands protection rules and regulations — See Ch. 263.
A.
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.
B.
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.
A.
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.
B.
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)
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.
Within WP, GW-1 and GW-2 areas, the following conditions shall apply
to all activities:
A.
Road salt must be stored within a structure designed
to prevent contaminated runoff or leachate.
B.
Pesticides must be stored within a building or structure
which will prevent an accidental release onto or below the land surface.
C.
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.
D.
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]
A.
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.]
B.
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:
(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]
(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.
A.
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]
B.
Permit authority. The permit authority under this Groundwater
Protection Districts chapter shall be the Board of Selectmen.
C.
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.
D.
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.
E.
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.
The following design and operation requirements shall be observed within
the Town of Dover.
A.
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:
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.
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.
The following definitions apply to this chapter:
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.
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.
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.
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.
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.
All water beneath the surface of the ground in a saturated zone,
including perched groundwater.
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.
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.
Events operated pursuant to Section 30.390 of Title 310, Appendix
1, of the Code of Massachusetts Regulations, as amended.
A condition which does not allow significant amounts of surface water
to penetrate into the soil.
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.
Waste materials, including solid wastes, sewage, sludge and agricultural
wastes, that are capable of releasing waterborne contaminants to the surrounding
environment.
The consolidation of waste from 1 or more sources at a common disposal
site.
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.
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.
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.
Sodium chloride, calcium chloride, chemically treated abrasives or
other chemicals used for the removal of snow or ice on roads.
A method of disposing of solid wastes on land.
The liquid, solid and semisolid contents removed from privies, portable
toilets, cesspools, holding tanks or other sewage waste receptacles.
The solid, semisolid and liquid residue that results from a process
of wastewater treatment or industrial process by-product.
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.
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.
Poorly stratified and poorly sorted heterogeneous mixture of gravel,
boulders, cobbles, pebbles, sand and silt.
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.
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.
Those protective radii around a public water supply well or wellfield
identified as Zone 1 in 310 CMR 22.00.
