[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.
B. 
Therefore, the Town of Southampton adopts the following regulation, under its authority as specified in § 280-2, as a preventative measure for the purposes of:
(1) 
Preserving and protecting the Town of Southampton's drinking water resources from discharges of pollutants; and
(2) 
Minimizing the risk to public health and the environment within the Town of Southampton due to such discharges.
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:
COMMERCIAL FERTILIZERS
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.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DISCHARGE
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 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.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.
INTERIM WELLHEAD PROTECTION AREAS (IWPA)
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.
LANDFILL
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.
NON-SANITARY 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(5).
OPEN DUMP
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.
SEPTAGE
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.
SLUDGE
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.
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.
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 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:
(1) 
Very small quantity generators (VSQGs);
(2) 
Household hazardous waste collection centers or collection events;
(3) 
Waste oil retention facilities; and
(4) 
Treatment works for the restoration of contaminated groundwater or surface water in compliance with MGL c. 21E and 310 CMR 40.00.
H. 
Removal of soil, loam, sand, gravel, or any other mineral substances within four feet of the historical high groundwater table elevation, except:
(1) 
Substances which are removed and redeposited within 45 days of removal on-site to achieve a final grade greater than four feet above the historical high-water mark; and
(2) 
Excavations for the construction of building foundations or the installation of utilities.
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.