For the purposes of this regulation, the following
words and phrases shall have the following meanings:
AQUIFER
Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially recoverable potable water.
COMMERCIAL FERTILIZERS
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 by its manufacturer to have value in promoting
plant growth. Commercial fertilizers do not include unmanipulated
animal and vegetable manure, marl, lime, limestone, wood ashes and
gypsum.
DEP
The Massachusetts Department of Environmental Protection.
DISCHARGE
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, incineration or placing of toxic or hazardous
material or waste upon or into any land or water so that such hazardous
waste or any constituent thereof may enter the land or waters of the
commonwealth. "Discharge" includes, without limitation, leakage of
such materials from failed or discarded containers or storage systems
and disposal of such materials into any on-site leaching structure
or sewage disposal system.
DPH
The Massachusetts Department of Public Health.
GROUNDWATER
All the water found beneath the surface of the ground, including,
without limitation, the slowly moving subsurface water present in
aquifers and recharge areas.
HAZARDOUS MATERIAL
A product, waste or combination of substances which because
of its quantity, concentration or physical, chemical, toxic, radioactive
or infectious characteristics may reasonably pose a significant, actual
or potential hazard to human health, safety, welfare or the environment
when improperly treated, stored, transported, used, disposed of 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. 21C and c. 21E, using the Massachusetts Oil and Hazardous
Substance List (310 CMR 40.0000). The definition may also include
acids and alkalis, solvents, thinners and pesticides.
INTERIM WELLHEAD PROTECTION AREAS (IWPA)
For public supply wells or well fields that lack a DEP-approved
Zone II, the DEP will apply an interim wellhead protection area. This
interim wellhead protection area shall be a one-half-mile radius measured
from the well or well field for sources whose approved pumping rate
is 100,000 gallons per day or greater. For wells that pump less than
100,000 gallons per day, the IWPA radius is proportional to the well's
approved daily volume following the IWPA Chart as referenced in Division
Water Supply Policy 92-01.
LANDFILL
A facility established (in accordance with a valid site assignment)
for the purpose of disposing solid waste into or on the land, pursuant
to 310 CMR 19.006.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewage, including but not limited to activities specified in the Standard
Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
OPEN DUMP
A facility which is operated or maintained in violation of
the Resource Conservation and Recovery Act [42 U.S.C. § 4004(a)(b)]
or the regulations and criteria for solid waste disposal.
RECHARGE AND POTENTIAL GROUNDWATER DEVELOPMENT AREAS
The potential groundwater development areas, including potentially
productive aquifers, and those areas that provide recharge to Zone
2 (MASS GIS Map "Potential Drinking Water Source Area Map," approved
by DEP/BWSC).
SEPTAGE
The liquid, solid and semisolid contents of privies, chemical
toilets, cesspools, holding tanks or other sewage waste receptacles.
Septage does not include any material that is a hazardous waste, pursuant
to 310 CMR 30.000.
SLUDGE
The solid, semisolid and liquid residue that results from
a process of wastewater treatment or drinking water treatment. Sludge
does not include grit, screening or grease and oil which are removed
at the headworks 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.
VERY SMALL QUANTITY GENERATOR
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 1, THE PROTECTIVE RADIUS
The protective radius shall extend from each public water
supply well to a distance of 400 feet and will include all land within
the radius.
ZONE 2 (DEP-APPROVED ZONE II)
The recharge area generated by a public water supply well
after 180 days of continuous pumping at approved yield, with no recharge
from precipitation. (Zone II is equivalent to Area 2 as defined in
310 CMR 22.02.)
The storage of certain waste materials, chemicals
and petroleum products is prohibited except if contained in accordance
with the following requirements.
A. Storage of sludge and septage is prohibited unless
storage is in compliance with 310 CMR 32.00.
B. Storage of roadway de-icing chemicals (sodium chloride,
chemically treated abrasives or other chemicals) and the storage of
chemical fertilizers are both prohibited, unless the storage is in
a structure that prevents the generation and release of contaminants
or contaminated runoff.
C. Storage of animal manure is prohibited unless covered
or contained within a structure designed to prevent the generation
and escape of contaminated runoff or leachate.
D. Storage of liquid hazardous materials, as defined
in MGL c. 21E, and/or liquid petroleum products is prohibited unless
the materials are stored above ground level, 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. 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.
E. Compliance with all provisions of this regulation
must be accomplished in a manner consistent with Massachusetts plumbing,
building, and fire code requirements.
F. The storage of commercial fertilizers, soil conditioners
or herbicides as defined in MGL c. 128, § 64, or pesticides
as defined in MGL c. 132B, § 2, unless such storage is within
a structure designed to prevent the generation and escape of contaminated
runoff or leachate.
G. Individual sewage disposal systems (that are designed
to receive more than 440 gallons of sewage per acre under one ownership
per day; allowance is hereby made to proportion the above standard
for lots smaller than one acre), except the replacement or repair
of an existing system that will not result in an increase in design
capacity above the original design, subject to Title Five of the Massachusetts
Environmental Code, 310 CMR 15.000, and local regulations. Where a
municipal sewage system is not available, new systems must be in full
compliance with Title Five of the Massachusetts Environmental Code,
310 CMR 15.000, and must be approved by the Lexington Board of Health.
H. The use of septic system cleaners and additives prohibited
under the Massachusetts Environmental Code, Title 5, 310 CMR 15.027.
Failure to comply with provisions of this regulation
will result in the levy of fines of not less than $200 but no more
than $1000. Each day's failure to comply with the provisions of this
regulation shall constitute a separate violation.
Each provision of this regulation shall be construed
as separate to the end that if any provision or sentence, clause or
phrase thereof shall be held invalid for any reason, the remainder
of that section and all other sections shall continue in full force
and effect.
The Board of Health may, at its discretion,
exempt existing, legal, nonconforming structures and uses from this
regulation, provided that they do not adversely affect an existing
or potential Town drinking water or groundwater resource or aquifer.