[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.
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:
Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially recoverable potable water.
The Lexington Board of Health.
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.
The Massachusetts Department of Environmental Protection.
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.
The Massachusetts Department of Public Health.
All the water found beneath the surface of the ground, including,
without limitation, the slowly moving subsurface water present in
aquifers and recharge areas.
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.
A groundwater elevation which is determined from monitoring
wells and historical water table fluctuation data compiled by the
United States Geological Survey.
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.
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.
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).
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.
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).
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.
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.
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.
The handling, generation, treatment, storage or management
of toxic or hazardous materials.
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.
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.
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.
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.
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:
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.
