[Adopted 5-5-2009 STM by Art. 1]
A.
Perchlorate is an inorganic chemical commonly used
in the manufacturing of rockets, missiles, fireworks and explosives.
It may be found in surface water and groundwater around military operations,
defense contracting, manufacturing facilities, and areas where blasting
agents have been used.
B.
Perchlorate is highly mobile in water and can persist
for many years in groundwater and surface water. It can cause adverse
health effects at even low concentrations, and the United States Environmental
Protection Agency and the Massachusetts Department of Environmental
Protection (DEP) have made it a priority to implement regulations
to protect drinking water supplies and public health from perchlorate
impacts. Accordingly, the DEP is promulgating a drinking water standard
of two parts per billion (ppb) that comes into effect during 2007.
C.
Given the potential for adverse effects on groundwater
resources from perchlorate, the purpose of this bylaw is to protect
the Town's drinking water supplies from contamination.
The storage, use, handling, igniting, or disposal
of any materials, including without limitation explosives or fireworks,
containing perchlorate within 1,500 feet of the boundary of the Zone
II protective area around any public water supply as approved by the
Massachusetts Department of Environmental Protection, including drinking
water wells owned and operated by the Town, is hereby prohibited.
The limit of the protective radius of 1,500 feet for each Town-owned
well field is shown on the map included as Appendix A to this bylaw.[1] In the event that the delineation of a Zone II changes,
the Board of Water Commissioners ("Board") shall revise Appendix A
and shall keep a copy of the revised map on file with the Town Clerk
and the Water Department.
[1]
Editor's Note: Appendix A is on file with
the Town Clerk and the Water Department.
A.
The Board shall administer, implement, and enforce
this bylaw. Any powers granted to or duties imposed upon the Board
may be delegated in writing by the Board to its employees or agents.
B.
The Board may adopt, and periodically amend, rules
and regulations relating to the administration of this bylaw. Failure
by the Board to promulgate such rules and regulations or a legal declaration
of their invalidity by a court shall not act to suspend or invalidate
the effect of this bylaw.
A.
The Board or an authorized agent may issue a written
order to enforce the provisions of this bylaw or the regulations thereunder,
which may include requirements to cease and desist from any specified
activity until there is compliance with this bylaw.
B.
Any person who violates any provision of this bylaw,
or regulation, order or permit issued thereunder, shall be punished
by a fine of $300. Each day or part thereof that such violation occurs
or continues shall constitute a separate offense.
