[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:
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.
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.
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 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.
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 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.
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.
A.
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:
B.
Facilities for the treatment or disposal of nonsanitary wastewater
are prohibited, with the following exceptions:
C.
Facilities that generate, treat, store or dispose of hazardous waste
are prohibited, with the following exceptions:
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 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.
[Amended 10-12-2020 ATM
by Art. 26]
The storage of certain waste materials, chemicals and the storage
and dispensing of liquid petroleum products is prohibited except 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 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.
C.
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.
D.
Storage of liquid hazardous materials is prohibited unless the materials
are either in a freestanding container within a building, in a freestanding
covered container outdoors above ground level with spill containment
capacity of 100% of the volume, stored, or unless the materials are
either gasoline or diesel fuel and are stored within Business District
D either below grade in a double wall non-metal tank with both USEPA
compliant interstitial leak detection or above grade in tanks with
leak detection and said tanks are installed within a concrete vault
or a concrete containment structure with spill containment capacity
of 100% of the volume stored, and with an internal coating inert to
petroleum products. Further, gasoline and diesel fuel storage shall
have systems to monitor for vapor in soil or to monitor for contamination
in groundwater.
E.
Storage of any type of liquid petroleum products is prohibited, unless
any of the following applies:
(1)
The products are incidental to normal household use, including outdoor
maintenance, or for the heating of a structure;
(2)
Waste oil retention facilities;
(3)
Emergency generators;
(4)
Treatment works in compliance with MGL c. 21E and 310 CMR 40.000
designed for the restoration of contaminated ground or surface waters;
and
(5)
Gasoline and diesel fuel for retail sale within Business District
D; so long as the dispensing systems for gasoline and diesel fuel
are comprised of double wall piping with both USEPA compliant interstitial
leak detection and monitoring for vapor in soil or monitoring for
contamination in groundwater.
G.
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.
A.
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.
B.
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.
