Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
[Adopted 11-18-1998]
A. 
Findings.
(1) 
Certain land uses have the potential to release hazardous waste, petroleum products or other contaminants significantly increasing the risk of groundwater contamination;
(2) 
Poor management practices, accidental discharges and improper maintenance of these facilities may lead to the release of pollutants;
(3) 
Discharges of hazardous wastes, leachate, pathogens and other pollutants have repeatedly threatened surface and ground water quality throughout Massachusetts; and
(4) 
Surface and ground water resources in the Town of Lexington contribute to the town's water resources and the drinking water supplies of other towns.
B. 
Therefore, the Town of Lexington adopts the following regulation, under its authority as specified in § 155-63, as a preventative measure for the purposes of:
(1) 
Preserving and protecting the Town of Lexington's ground and surface water resources from discharges of pollutants; and
(2) 
Minimizing the risk to public health and to the environment of the Town due to such discharges.
A. 
The Town of Lexington Board of Health adopts the following regulation pursuant to authorization granted by MGL c. 111, §§ 31 and 122. The regulation shall apply, as specified herein, to all applicable facilities within the Zone IIs and/or interim wellhead protection areas (IWPA) or over a potentially productive aquifer. These regulations supersede all inconsistent regulations adopted by the Board of Health prior to the effective date.
B. 
The effective date is the date of issuance of this regulation.
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.
BOARD OF HEALTH
The Lexington Board of Health.
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.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation which is determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
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.
USE OF TOXIC OR HAZARDOUS MATERIAL
The handling, generation, treatment, storage or management of toxic or hazardous materials.
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.)
A. 
The following uses are prohibited in Zones 1 and 2 and potential groundwater development areas:
(1) 
Landfills.
(2) 
Open dumps.
(3) 
Automobile graveyards, junk and salvage yards and automotive service and repair shops.
(4) 
Sludge and septage monofils.
(5) 
Stockpiles (disposal) of chemically treated snow and ice.
(6) 
Petroleum, fuel oil and heating oil bulk stations and terminals, including but not limited to those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes are established by the United States Office of Management and Budget and may be determined by referring to the publication Standard Industrial Classification Manual and any subsequent amendments.
(7) 
Storage of liquid petroleum products, except for the following:
(a) 
Normal household use, outdoor maintenance and heating of a structure.
(b) 
Waste oil retention facilities required by statute, rule or regulation.
(c) 
Emergency generators required by statute, rule or regulation.
B. 
Facilities for the treatment or disposal of non-sanitary wastewater are prohibited, with the following exceptions:
(1) 
Replacement or repair of an existing system is exempt if the existing design capacity is not exceeded;
(2) 
Treatment works approved by the DEP and designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05(13); and
(3) 
Publicly owned treatment works.
C. 
Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.000 are prohibited, with the following exceptions:
(1) 
Very small quantity generators (310 CMR 30.000);
(2) 
Household hazardous waste collection centers or collection events (310 CMR 30.390);
(3) 
Waste oil retention facilities (MGL c. 21, § 52A); and
(4) 
Treatment works for the restoration of contaminated ground or surface waters in compliance with MGL c. 21E and 310 CMR 40.000.
D. 
Removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation is prohibited with the following exceptions:
(1) 
Substances which are removed and redeposited within 45 days of removal on site to achieve a final grade greater than four feet above the historical high water mark; and
(2) 
Excavations for the construction of building foundations or the installation of utilities.
E. 
Land uses that result in impervious cover of more than 25% of any lot are prohibited, unless a system of artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
F. 
All uses not expressly allowed are prohibited.
G. 
Discharge of any septic waste in Zone 1 is prohibited.
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.
A. 
As of the effective date of this regulation, all new construction and/or applicable change of use within the Town of Lexington shall comply with the provisions of this regulation.
B. 
Approval of compliance with all provisions of this regulation by the Board of Health shall be required prior to issuance of construction and occupancy permits.
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.