[HISTORY: Adopted by the Town Meeting of the Town of Sharon as Art. 33 of the Town Bylaws. Amendments noted where applicable.]
Whereas siting of land uses that have the potential to release hazardous waste, petroleum products or other contaminants significantly increases the risk of contamination; and poor management practices, accidental discharges, and improper maintenance of these facilities may lead to the release of pollutants; and discharges of hazardous wastes, leachate, pathogens, and other pollutants have repeatedly threatened surface and groundwater quality throughout Massachusetts; and surface and groundwater resources in the Town of Sharon contribute to the Towns' drinking water supplies; therefore, the Town of Sharon adopts the following regulation, under its authority as specified in § 160-2, as a preventative measure for the purpose of preserving and protecting the Town's drinking water resources from discharges of pollutants and minimizing the risk to public health and the environment of the Town due to such discharge.
The Town of Sharon adopts the following regulation pursuant to authorization granted by MGL c. 40. The regulation shall apply, as specified herein, to all applicable facilities within the Zone IIs and/or the Interim Wellhead Protection Areas (IWPA), whichever is the accepted area of protection around the drinking water resources of the Town. This regulation is in addition to the provisions of Section 4500 (Water Resource Protection District) of the Town of Sharon Zoning Bylaws, Chapter 141 of the General Bylaws (stripping or removal of earth materials) and any other bylaw, regulation, rule, or ordinance of the Town of Sharon or its boards or commissions.
As used in this bylaw, the following terms shall have the meanings indicated:
- COMMERCIAL FERTILIZERS
- Any substance containing one or more recognized plant nutrients which is used for 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 manures, 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.
- 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 Massachusetts General Laws (MGL) Chapters 21C and 21E using the Massachusetts Oil and Hazardous Substances 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 wellfields that lack a Department-approved Zone II, the Department will apply an interim wellhead protection area. This interim wellhead protection area shall be a one-half mile radius measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells that pump less than 100,000 gpd, 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 purposes of disposing of 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.
- The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material which is a hazardous waste, pursuant to 310 CMR 30.000.
- The solid, semi-solid, 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.
Notwithstanding any land uses which are otherwise permitted by local, state and/or other federal laws, the siting of any of the following is prohibited in the Zone II or IWPA:
Facilities for the treatment or disposal of nonsanitary wastewater are prohibited, with the following exceptions:
Facilities that generate, treat, store or dispose of hazardous waste are prohibited, with the following exceptions:
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:
Land uses that result in impervious cover of more than 15% or 2,500 feet of any lot, whichever is greater, are prohibited, unless a system of artificial recharge or precipitation is provided that will not result in the degradation of groundwater quality.
The storage of certain waste materials, chemicals, and petroleum products is prohibited except if contained in accordance with the following requirements:
Storage of sludge and septage is prohibited unless storage is in compliance with 310 CMR 32.00.
Storage of roadway deicing 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.
Storage of animal manure is prohibited unless covered or contained in accordance with the standards and guidelines of the United States Natural Resources Conservation Service.
Storage of liquid hazardous materials is prohibited unless the materials are either in a freestanding container within a building, outdoors, or in a freestanding covered container above ground level with spill containment capacity of 100% of the volume.
Storage of any type of liquid petroleum products is prohibited, unless any of the following applies:
The products are incidental to normal household use, including outdoor maintenance, or for the heating of a structure;
Waste oil retention facilities;
Emergency generators; and
Treatment works in compliance with MGL c. 21E and 310 CMR 40.000 designed for the restoration of contaminated ground or surface waters.
Compliance with all provisions of this regulation must be accomplished in a manner consistent with Massachusetts Plumbing, Building, and Fire Code requirements.
The effective date of this regulation is the date of adoption of the regulation.
As of the effective date of the regulation, all new construction and/or applicable change of use within the Town of Sharon shall comply with the provisions of this regulation.
Certification of conformance with the provisions of this regulation by the Town Engineer acting as agent for the Select Board 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 $1,000. 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.