[HISTORY: Adopted by the Board of Health of the Town of Southampton 9-13-2005; amended 4-25-2023. Subsequent amendments noted where applicable.]
A.
Findings.
(1)
Siting of land uses that have the potential to release hazardous
waste, petroleum products, or other contaminants significantly increases
the risk of contamination; and
(2)
Poor management practices, accidental discharges, and improper maintenance
of these facilities may lead to the release of pollutants; and
(3)
Discharges of hazardous wastes, leachate, pathogens, and other pollutants
have repeatedly threatened surface water and groundwater quality throughout
Massachusetts; and
(4)
Surface water and groundwater resources in the Town of Southampton
contribute to the Town's drinking water supplies.
A.
The Southampton 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 II and/or the interim wellhead protection
areas (IWPA) and watershed areas, all as delineated by "Southampton
Massachusetts Water Resource Map" dated August 2005, prepared by Pioneer
Valley Planning Commissioners.
B.
These regulations supersede all inconsistent regulations adopted
by the Board of Health prior to the effective date. The effective
date is September 13, 2005.
For the purposes of this regulation, the following words and
phrases shall have the following meanings:
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 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 MGL c. 21C and MGL c. 21E, using the Massachusetts Oil and Hazardous
Substance List (310 CMR 40.1600). The definition may also include
acids and alkalis, solvents, thinners, and pesticides.
A groundwater elevation determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey.
A one-half-mile radius around a well or wellfield that lacks
a DEP approved Zone II and whose approved pumping rate is 100,000
gpd or greater.
A facility established in accordance with a valid site assignment
for the purposes 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(5).
A facility which is operated or maintained in violation of
the Resource Conservation and Recovery Act (42 U.S.C. § 6901
et seq.) or the regulations and criteria for solid waste disposal.
The liquid, solid, and semisolid 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 30.00.
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.
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.
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 and IWPA:
A.
Landfills and open dumps.
B.
Automobile graveyards and junkyards.
C.
Sludge and septage monofils.
D.
Disposal or stockpiling of chemically treated snow and ice that have
been removed from highways and roadways from outside the Zone II.
E.
Petroleum, fuel oil and heating oil bulk stations and terminals,
including, but not limited to, those listed under Standard Industrial
Classification (SIC) Codes 5983 and 5171, not including liquefied
petroleum gas. SIC Codes are established by the U.S. Office of Management
and Budget and may be determined by referring to the publication Standard
Industrial Classification Manual and any subsequent amendments.
F.
Facilities for the treatment or disposal of non-sanitary wastewater,
except:
(1)
Replacement or repair of an existing system is exempt if the existing
design capacity is not exceeded; and
(2)
Treatment works approved by the Department and designed for the treatment
of contaminated groundwater or surface water and operated in compliance
with 314 CMR 5.05(3) or (13); and
(3)
Publicly owned treatment works.
G.
Facilities that generate, treat, store, or dispose of hazardous waste,
except:
H.
Removal of soil, loam, sand, gravel, or any other mineral substances
within four feet of the historical high groundwater table elevation,
except:
I.
Land uses that result in impervious cover, of any lot or parcel,
more than 15% or 2,500 feet (whichever is greater), unless a system
of artificial recharge of precipitation is provided that will not
result in the degradation of groundwater quality.
A.
The storage of certain waste materials, chemicals, and petroleum
products is prohibited except if contained in accordance with the
following requirements:
(1)
Storage of sludge and septage unless such storage is in compliance
with 310 CMR 32.00.
(2)
Storage of roadway de-icing chemicals (sodium chloride, chemically
treated abrasives, or other chemicals), chemical fertilizers and animal
manure, unless such storage is within a structure designed to prevent
the generation and release of contaminated leachate or runoff.
(3)
Storage of liquid hazardous materials, as defined in MGL c. 21E,
and/or liquid petroleum products, unless materials are stored:
(a)
Above ground level and on an impervious surface; and
(b)
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.
B.
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.
C.
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 September 13, 2005,
which is also 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 Southampton shall
comply with the provisions of this regulation.
B.
Certification of conformance with the 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 $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.
