[HISTORY: Adopted by the Town Meeting of the Town of Sherborn
1992; amended 1993; 2006 (Ch. 21 of the 1968 Bylaws.) Subsequent amendments
noted where applicable.]
The purpose of this bylaw is to promote the health, safety and
welfare of the inhabitants of the Town of Sherborn by protecting,
preserving and maintaining the groundwater supplies of the Town. The
groundwater underlying the Town is the sole source of the drinking
water for the residents of the Town. Because there is no public water
supply available, residents maintain private wells located on the
various lots within the Town. Spills and discharges of petroleum products
and other toxic and hazardous material and discharges of sewage and
salt have repeatedly threatened the quality of groundwater and related
water resources, throughout the commonwealth and elsewhere, posing
potential public health and safety hazards and threatening economic
losses to the affected communities. By adopting this bylaw, the Town
intends to reduce the threat of such spills and discharges. An additional
purpose of this bylaw is to protect the residents of the Town and
the Town itself from the potentially devastating financial and environmental
consequences of contamination of wells or groundwater due to leakage
arising from failure of underground storage tanks.
Shall mean the introduction of a liquid or soluble or leachable
solid material upon or into land or water bodies having an effect
within the Town of Sherborn. Discharge includes, without limitation,
leakage of such materials from failed or discarded containers or storage
systems and includes disposal of such materials into any wastewater
disposal or treatment system, dry well, catch basin or landfill which
has not received approval by the Board of Health.
[Amended 4-25-2023 ATM
by Art. 22]
Shall mean any of a large number of natural and synthetic
materials, including, but not limited to, nitrogen, phosphorus and
potassium compounds, the normal use of which is by spreading on or
working into soil to increase its capacity to support plant growth.
[Amended 4-25-2023 ATM
by Art. 22]
All water below the surface of the ground, including that
in bedrock.
Shall have the same definition as is set forth in 310 Code
of Massachusetts Regulations (CMR) 40.000, as follows: material, including,
but not limited to, any material in whatever form which, because of
its quantity, concentration, chemical, corrosive, flammable, reactive,
toxic, infectious or radioactive characteristics, either separately
or in combination with any substance or substances, constitutes a
present or potential threat to human health, safety, welfare or to
the environment when improperly stored, treated, transported, disposed
of, used or otherwise managed. The term shall not include oil, but
shall include waste oil and all those substances which are included
under 42 U.S.C. § 9601(14), but it is not limited to those
substances. The term shall also include, but is not limited to, all
material regulated as hazardous waste or recyclable material under
310 CMR 30.000.
[Amended 4-25-2023 ATM
by Art. 22]
Shall mean barnyard or stable dung, which may include discarded
animal bedding, used to fertilize soil. It shall not mean manure deposited
naturally.
Shall mean any substance or mixture of substances intended
for preventing, destroying, repelling or mitigating any pest, any
insecticide, herbicide, rodenticide, any other substance or mixture
of substances intended for use as a plant regulator, defoliant or
desiccant, provided that the term "pesticide" shall not include (i)
any article that is a "new animal drug" within the meaning of Section
201v of the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 321(v)],
or that has been determined by the Secretary of the United States
Department of Health, Education and Welfare not to be a new animal
drug by a regulation establishing conditions of use for the article;
(ii) any article that is an animal feed within the meaning of Section
201w of such Act [21 U.S.C. § 321(w)], or (iii) any chemical
the storage of which is governed by regulations adopted by the Commonwealth
of Massachusetts State Pesticide Board pursuant to MGL c. 132B.
[Amended 4-25-2023 ATM
by Art. 22]
Shall mean the transportation of snow by means of a truck,
excavator, loader or similar equipment to a location off the property
onto which it has fallen. It shall not refer to simply plowing, shoveling
or blowing such snow to the edges of a highway, street, road, sidewalk
or parking lot.
Shall include any tank of any design and any capacity, whether
above or under the ground, and includes both the tank itself together
with related piping and controls, and shall also include drums, and
bulk storage containers of any kind, description and design but excluding
tanks that are part of aircraft or motorized vehicles and contain
fuel for such vehicles, and excluding tanks used exclusively for the
storage of propane.
A.
New underground tanks prohibited. Following the effective date of
this bylaw, the installation of any underground tank of any design
and of any capacity for storage of any material other than water,
propane or septage if part of a septic system approved by the Board
of Health is prohibited within the Town of Sherborn. New commercial,
municipal or agricultural tanks meeting all requirements of 527 CMR,
including those requirements that have deferred effective dates, are
exempt from this provision.
B.
Storage tanks. Following the effective date of this bylaw, storage
tanks may be installed either:
C.
Local rules and regulations. The Fire Chief may adopt rules and regulations
implementing, detailing and specifying additional requirements so
that:
[Amended 4-25-2023 ATM
by Art. 22]
(1)
Underlying each tank shall be a surface that is designed and at all
times operated so that it is free of cracks and gaps and is sufficiently
impermeable to contain leaks and spills until the leakage or spillage
of stored material is detected and removed; and further
(2)
Each tank shall be placed on such surface so that the surface beneath
the tank is visible for inspection for spills and structural integrity;
and further
(3)
Piping and related fittings are to meet specifications set forth
in the regulations; and
(4)
Such regulations shall contain a procedure for the issuance of variances
from such requirements upon good cause shown when unusual conditions
related to size, location, or geography exist and when an alternative
design would accomplish the intent of this bylaw.
D.
Existing underground tanks. Any existing underground tank shall be
removed from the ground or closed in accordance with 527 CMR by April
30, 2007, unless documentation is provided that it has been upgraded
to comply with the requirements of 527 CMR regarding equipment for
the prevention and detection of leaks, including cathodic protection,
double walls and monitoring systems. Documentation of compliance with
the testing requirements of 527 CMR must also be provided.
A.
Outdoor storage. Because of the risk of soil contamination from rain, wind and weather conditions, the outdoor storage of hazardous material, except as exempted by Subsection D of this section, is prohibited within the Town of Sherborn. Unless exempted in Subsection D, hazardous material lawfully used within the Town may be stored only in sheltered conditions within weatherproof buildings or under waterproof roofs where there exists an impermeable floor graded to contain spills or discharges, or an impermeable floor with a containment berm or wall.
B.
Disposal prohibited. The release or disposal of hazardous material
within the limits of the Town, other than at such lawful disposal
sites and times as may be designated by the Board of Health, is prohibited.
C.
Notification requirements. In order that the Town, the abutters and public safety officials may know of the existence and locations where hazardous materials are stored, every person who regularly stores or keeps at one location 200 pounds or more of any one hazardous material, or a cumulative total of 200 pounds of several different hazardous materials, except as exempted in Subsection D of this section, shall notify the Select Board prior to initiating such storage and on or before December 31 of each year thereafter. The notification shall consist of a statement setting forth the owner's name, the quantity and type of hazardous material, the date when the hazardous material will be or was first stored and location thereof.
[Amended 4-25-2023 ATM
by Art. 22]
D.
Exemptions. The following are exempt from the requirements of this
section:
(1)
Pipelines: existing utility pipeline facilities constructed and used
for the purpose of transporting and conveying petroleum products and
natural gas; provided, however, that any such transportation and conveyance
complies with all applicable law and is designed, constructed, operated
and used so as to prevent contamination of groundwater or surface
water.
(2)
Commercial or agricultural tanks: existing or new commercial or agricultural
tanks meeting all requirements of 527 CMR, including those requirements
that have deferred effective dates.
A.
Fertilizer storage. Because of the risk of groundwater contamination
from rain, wind and weather conditions, the outdoor storage of 200
pounds or more of fertilizers at any one location is prohibited, except
as follows:
(1)
The temporary and transitory outdoor storage of fertilizer of no
more than one week duration shall be allowed as of right in areas
other than within 100 feet of a well head, bank, or freshwater wetland,
beach, marsh, meadow, bog, or swamp, or within 200 feet of any estuary,
creek, river, stream, pond or lake or any land under said waters or
bordering lands subject to flooding as defined in the Sherborn Wetlands
Regulations.[1]
(2)
Fertilizers may be stored under waterproof roofs where there exists
an impermeable floor; or in or upon a motor vehicle or trailer, provided
that such fertilizers are sealed within waterproof containers and
are covered by a waterproof tarp, roof or the equivalent overhead
coverage from exposure to weather.
B.
Manure storage. Manure piles of more than 200 pounds shall not be
stored:
(1)
Within 100 feet of any water supply well head; or
(2)
Within 100 feet of (a) any bank, freshwater wetland, beach, marsh,
meadow, bog, swamp, estuary, creek, river, stream, pond or lake; or
(b) bordering land subject to flooding (generally the 100-year storm
flood line); all as defined in the Sherborn Wetlands Regulations,
unless such storage is covered or within a waterproof container or
structure with an impermeable floor that prevents the release of runoff
from the manure.
A.
Prohibition of introduction of snow from outside Town into the Town
for storage and/or melting. Because of the use of road salt and other
deicing chemicals in snow removal and snow clearing, following the
effective date of this bylaw, the transportation of snow from outside
the Town into the Town for storage and/or melting within the Town
limits is prohibited.
B.
The stockpiling or disposal of snow or ice removed from highways,
streets, roadways, sidewalks and parking lots is prohibited except
as follows:
(1)
In the event of severe winter weather the DPW Director may stockpile
snow as necessary only at locations designated by the Select Board.
(2)
Where the Planning Board has required snow removal to maintain parking
spaces as a condition of its site plan approval, property owners may
remove snow from the premises and stockpile it in coordination with
the DPW Director.
C.
Bulk storage. The bulk storage outside of road salt or deicing chemicals
or any mixture of sand and road salt or sand and deicing chemical
is prohibited. Bulk storage of road salt or deicing chemicals or any
mixture of sand and road salt or sand and deicing chemicals, whether
mixed or unmixed, is allowed within weatherproof buildings or under
waterproof roofs where there exists an impermeable floor graded to
contain spills or discharges or an impermeable floor with a containment
berm or wall.
D.
Exemption. The following are exempt from the requirements of this
section:
[Amended 4-25-2023 ATM
by Art. 22]
(1)
The outside storage of one twenty-five-pound or less bag of salt
or deicing chemical for normal home, office or store use on the premises;
or
(2)
The outside storage of one fifty-five-gallon drum or equivalent container
of sand-salt mixture, provided that the open end of the drum is equipped
with a covering.
[Amended 4-25-2023 ATM
by Art. 22]
Because of the existence within the Town of certain types of
commercial petroleum-based activities and because of the unreasonable
risk of groundwater contamination created by such commercial activities,
any commercial operation within the Town, whether new or preexisting,
involving new or used automobile and/or truck sales or storage establishments,
gasoline service stations, automobile repair shops, truck service
stations, or similar commercial petroleum-based establishments, shall
be required following the effective date of this bylaw to comply with
the standards set forth below, without regard to whether such activities
are new or preexisting:
A.
Such activity is at all times to be in full compliance with a site
management plan prepared by the owner or operator of the site and
approved by the Board of Health, which plan is to specify:
C.
Such activity shall at all times be conducted so that all reasonable
precautions are taken to minimize the threat of spills and to prevent
the discharge of contaminants into the soil and groundwater of the
Town of Sherborn.
The disposal within the Town of solid waste except grass, compost,
brush and other decomposing plant or animal material other than at
the Sherborn Transfer Station, or at such locations as may be established
from time to time by the Board of Health, is prohibited.
All departments of the Town of Sherborn shall comply with all
sections of this bylaw.
[Amended 4-25-2023 ATM
by Art. 22]
In the event of a discharge, spill or loss of petroleum product,
pesticides, hazardous materials or other chemicals regulated by this
bylaw, or the unaccounted for decline in volume of such substances
that may indicate that a leak or discharge has occurred, that requires
such owner or operator to report such spill, loss or discharge to
representatives of the governments of the United States or the Commonwealth
of Massachusetts, such owner or operator shall also immediately provide
duplicate notification or report to the Fire Chief and to the Board
of Health.
The Town recognizes that pesticides play an important and necessary role in controlling insects and other pests. To protect further the groundwater of the Town, the storage of 250 pounds or more of pesticides on one lot of land within the Town of Sherborn is prohibited unless such pesticides are stored in sheltered conditions within weatherproof buildings where there exists an impermeable floor. This § 149-11 shall take effect on January 1, 1995.
Provisions of this chapter are severable and if any provision
hereof shall be held invalid by any court of competent jurisdiction
under any circumstances, such invalidity shall be construed as narrowly
as possible and the balance of the chapter shall be deemed to be amended
to the minimum extent necessary to effect its purposes.
