[HISTORY: Adopted by the Town of Bolton 5-7-2012 ATM by Art. 10 (5-7-1984 ATM by Art. 18; Section 1.11 of the Town Bylaws). Amendments noted where applicable.]
A.
In order to protect, preserve, and maintain the existing and potential
groundwater supply and groundwater recharge areas within the Town
of Bolton, no person shall alter the quality of any surface water
or groundwater without first filing with the Board of Health and obtaining
and complying with a groundwater alteration permit.
B.
For the purposes of this bylaw, the following activities are allowed
without a permit:
(1)
Application of fertilizer and pesticides in accordance with manufacturers'
recommended procedures or standards approved by a state, federal,
or local agency.
(2)
Noninjection sewage disposal (e.g., typical domestic septic systems)
in accordance with Title 5, the State Environmental Code.
(3)
Construction of single-family dwellings, additions and accessory
buildings.
C.
This bylaw should in no way be interpreted to limit or restrict the
authority of the Board of Health.
A.
The Board of Health shall issue and improve regulations which shall
govern filing procedures and other matters related to carrying out
the requirements of this bylaw.
B.
The Board of Health shall, within 21 days of receipt of all required
information, determine at a public meeting whether the proposed alteration
will have a significant effect on the groundwater quality, groundwater
recharge or groundwater elevation. If the Board of Health determines
that insufficient information has been provided by the applicant or
that additional technical consultation is required, it may delay the
determination until the required information and/or consultation can
be provided.
Any alteration subject to the permit requirements of this bylaw
shall comply with the following minimum performance standards:
A.
All hazardous material shall be retained in product-tight containers,
and removal and disposal off-site shall be directed by the Board of
Health. No hazardous material shall be present in wastes disposed
of on-site.
B.
Process wastes from operations other than personal hygiene and food
for residents, patrons, and employees shall be treated so that contaminant
levels in groundwater resulting from such disposal will not exceed
background levels of individual constituents. Process wastes shall
be disposed of in a separate location from wastes generated from personal
hygiene and food for residents, patrons, and employees or from building
and parking area drainage.
C.
All chemicals, fuel, fertilizers, pesticides or other potentially
contaminating substances shall be stored and handled in such a way
that will prevent the release of leachate to (surface water or) groundwater.
Storage and handling measures shall include protection from vandalism,
accidental damage or corrosion.
D.
All underground tanks shall meet the initial and periodic inspection
requirements as promulgated in Board of Health underground tank regulations.
Underground tanks of 300 gallons or less shall not be inspected more
than once every four years.
E.
All runoff from artificial impervious surfaces shall be recharged
where possible on the site, diverted toward areas covered with vegetation
for surface infiltration. Dry wells shall be used only where the above
methods are infeasible, and shall be preceded by grit chambers to
facilitate removal of contaminated solids. No discharge directly into
surface waters without intervening mitigative measures, including
trapped catch basins and oil absorbents, will be allowed.
F.
New commercial earth removal operations shall be limited to a minimum
of four feet above maximum groundwater and exposed land shall be returned
to its natural vegetative state as of the date of implementation of
the bylaw when excavation is complete.
G.
An erosion and sedimentation plan shall be provided to control the
effects of construction to maximize on-site recharge.
The Board of Health, its agents, officers and employees may
enter upon the land on which an alternative is proposed in response
to a filing or application, and/or for the purposes of carrying out
its duties under this bylaw, and may make or cause to be made such
examination or survey as it deems necessary.
This bylaw shall not apply to emergency projects necessary for
the protection of the health and safety of the residents of Bolton
and ordered or performed by an administrative agency of the Town,
state or federal government.
Appeal from this bylaw shall be to the Superior Court within
15 days of the issuance of a decision by the Board of Health.
The invalidity of any section(s) or provision(s) of this bylaw
shall not invalidate any other provision or section thereof.
As used in this bylaw, the following terms shall have the meanings
indicated:
The undertaking of any activity or construction which will
change the existing drainage patterns, recharge characteristics or
recharge, groundwater or surface water constituents, either temporarily
or permanently, or which, through production, storage, or transportation
of toxic or hazardous substances in any amounts beyond those necessary
for normal household use, may foreseeably result in accidental introduction
of those substances into groundwater or surface waters.
A material or combination of material 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 illness;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.
The height of the groundwater table when it is at its maximum
level of elevation as stated in the State Environmental Code, Title
5.
Includes any individual, group of individuals, association,
partnership, corporation, company, business, organization, trust,
estate, the commonwealth or political subdivision thereof, administrative
agency, public or quasi-public corporation or body, or any other legal
entity or its legal representatives, agents or assigns.
