[HISTORY: Adopted by the Board of Health of the Town of Ashland 5-9-2023. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A
The purpose of this Regulation is to protect the health, safety, and general welfare of the residents of Ashland, Massachusetts from groundwater emanating from the Nyanza Chemical Waste Dump Superfund Site. There are potential risks associated with exposure to ground water contaminants through direct ingestion, dermal contact, inhalation, irrigation of lawns and food crops, or watering of animals that are later to be consumed. This Regulation identifies a "Groundwater Use Restriction Sector" where controls are required to prevent human exposure from the use and consumption of, and public exposure to, potentially contaminated groundwater; and to prevent the further migration of groundwater or a change in groundwater hydrology (flow patterns) due to the extraction or pumping of groundwater.
The primary intent of this Regulation is to:
A. 
prevent the use and consumption of, and public exposure to, contaminated groundwater drawn from the Groundwater Use Restriction Sector;
B. 
prevent the further migration and/or changes in flow patterns of contaminated groundwater;
C. 
establish controls to help minimize public exposure to contamination; and,
D. 
protect the integrity of current, past, and/or future remedial efforts for the Nyanza Chemical Waste Dump Superfund Site.
To protect the public from exposure to potentially contaminated groundwater, the Ashland Board of Health adopts the following regulation to establish a Groundwater Use Restriction Sector and restrict the use of groundwater in that Sector, under the authority of Massachusetts General Laws Chapter 111, Sections 31 and 122A.
These regulations and the testing requirements, herein, reflect prudent means of minimizing, but not eliminating the potential risk from exposure to groundwater contamination. Persons withdrawing water for drinking or irrigation are encouraged to stay informed about newly identified contaminants that may be contained in the groundwater they use, and to exercise prudence in all aspects of water withdrawal.
A. 
MassDEP: MassDEP shall mean the Massachusetts Department of Environmental Protection.
B. 
Groundwater: All water found beneath the surface of the ground including all subsurface water stored in bedrock, and overburden aquifers and recharge areas within the Groundwater Use Restriction Sector. Groundwater does not include waters found in fire ponds or any other surface water bodies.
C. 
Groundwater Use Restriction Sector: All of the parcels of land within the boundary depicted on Exhibit A in the Town of Ashland, attached to this Regulation and incorporated by reference.
D. 
US EPA: US EPA shall mean the United States Environmental Protection Agency.
E. 
Well: Any reference to a well includes a Drinking Water Well, Irrigation/Supply Well, or Monitoring Well as defined herein.
F. 
Drinking Water Well: Any private source of groundwater for human use, including but not limited to, a source approved for such by the Ashland Board of Health or Massachusetts Department of Environmental Protection (MassDEP) in accordance with M.G.L. c. 111 section 122A or 310 CMR 22.00. Such drinking water wells may or may not be associated with community or non-community potable water systems.
G. 
Irrigation/Supply Well: Any water supply well not approved as a drinking water supply used for the watering of plants and livestock or for commercial or industrial use.
H. 
Monitoring Well: A well installed for the express purpose of monitoring water quality or water level in an area.
I. 
Contaminant: any chemical, including but not limited to volatile organic compounds, pharmaceuticals, pesticides, radionuclides and metals, for which a regulatory limit for the maximum allowable contaminant level in drinking water has been established by the Environmental Protection Agency and/or the Massachusetts Department of Environmental Protection. Contaminant shall also include any compound for which a recommended health advisory has been promulgated by the Environmental Protection Agency and or the Massachusetts Department of Environmental Protection.
J. 
Irrigation - a network of valves, pipes, tubing, and emitters that applies water directly into the root zones.
There is hereby established within the Town of Ashland a Groundwater Use Restriction Sector, as depicted on Exhibit A ("Groundwater Use Restriction Sector") and all of which is serviced by the Town of Ashland public water supply. Due to the historical presence of DNAPL (Dense Non-Aqueous Phase Liquid) and a plume of contaminated groundwater emanating from the Nyanza Chemical Waste Dump Superfund Site, a Groundwater Use Restriction Sector has been identified where controls are required to prevent the use and consumption of, and public exposure to groundwater; and to prevent the further migration of groundwater or a change in groundwater hydrology (flow patterns) due to the extraction or pumping of groundwater.
The parcels of land contained within the Groundwater Use Restriction Sector are within the boundary depicted on Exhibit A and can be identified using maps on file with the Town of Ashland's Assessors Office or online at the Town of Ashland's website. The specific Map and Lot numbers for the parcels as of the date of adoption hereof are also identified on Exhibit A. The boundaries of this Sector are based on the facts and data available in consultation with the US EPA and MassDEP, and subject to future revision or amendment. This Regulation and the Groundwater Use Restriction Sector shall be reviewed every 5 (five) years under the jurisdiction of the Board of Health and track and incorporate any findings from EPA's Five-Year Reviews. Any revision or amendment to the Groundwater Use Restriction Sector shall be considered an amendment hereto and shall require a vote of the Board of Health.
Within the Groundwater Use Restriction Sector, the following restrictions shall apply, except as specifically provided in § 316-6 (Exceptions):
A. 
The extraction, consumption, or use of groundwater for any purpose by any person, corporation, or business, including without limitation, irrigation, industrial, commercial, geothermal, and residential use, is strictly prohibited. No new or existing well, shall be permitted, drilled, installed, reactivated, used, or created in any way.
B. 
Any existing groundwater well must be abandoned in accordance with the provisions of 310 CMR 22.00 of the MA DEP Regulations, § 316-8, below, and any other applicable laws, Regulations or regulations of the Town of Ashland within 120 days of the effective date of this Regulation.
C. 
Any parcel which includes a habitable dwelling, is otherwise occupied or where groundwater is in use, shall, within the time period noted in subparagraph B above, connect to the Town of Ashland public water supply.
A. 
The following exceptions apply to the general restrictions:
a. 
Groundwater sampling or Monitoring Wells installed or required to be installed, by any federal, state, or local government authority, or activities pursuant to MGL 21E.
b. 
Existing Groundwater Monitoring Wells that have already been installed by a federal, state, local government authority, or by a private property/business owner, and are used solely for the purpose of monitoring actual or potential groundwater contamination.
c. 
A closed-loop system for geothermal heating purposes, provided that penetrations of any foundation or slab are properly sealed and no component of the system creates a potential pathway for vapor intrusion. This exception only applies to closed-loop systems that do not pump or extract groundwater.
d. 
Sumps or sump pumps installed within buildings for the purpose of preventing or mitigating flooding within those buildings. The installation and use of sumps and/or sump pumps shall be governed by existing Regulations, rules, and regulations.
e. 
The routine pumping of septic systems. Septic system maintenance shall be governed by existing Regulations, rules, and regulations, including wells less than twenty feet deep used for purposes of determining groundwater elevations associated with the installation of a septic system and which are removed at the time of septic system installation or when they are no longer needed.
B. 
Anyone seeking an exception from the Regulations shall complete an Exception Form which shall be reviewed and approved by the Board of Health or its designated agent. Approved Forms shall be filed with the Building Department for the affected parcel.
C. 
Notwithstanding the restriction against the extraction, consumption, or use of groundwater contained in Section 3(A), any person, corporation, or business that owns or controls a property within the Groundwater Use Restriction Sector may apply to the Board of Health for a permit to use and/or install a groundwater well.
D. 
A permit may be granted only after the property owner obtains the written approval of the Massachusetts Department of Public Health in consultation with the MassDEP, and the US EPA (collectively the "Agencies").
E. 
Any party seeking such a permit shall provide any information requested by the Board of Health or any of the Agencies, including, without limitation, data showing that a proposed well will not result in:
a. 
potential human risks from the consumption of or public exposure to contaminated groundwater;
b. 
migration of contaminated groundwater by adversely modifying groundwater hydrology (flow patterns) or creating preferential flow paths for residual contaminants; or
c. 
interference with the integrity of current, past, and/or future remedial efforts for the Nyanza Chemical Waste Dump Superfund Site.
F. 
Any proposed management, treatment, and/or disposal of groundwater extracted during the open excavation of the ground surface shall be reviewed by the Board of Health and if deemed appropriate, the Board of Health shall issue a permit. The Board of Health may consult with the US EPA, MassDEP, and other town boards as needed. Any groundwater proposed to be extracted shall be managed, treated, and/or disposed of according to all applicable rules, regulations, or laws (including NPDES (National Pollutant Discharge Elimination System) permits), Groundwater Discharge permit regulations (314 CMR 5.00), and the MCP, as applicable.
G. 
The Board of Health shall approve, deny, or approve with conditions a permit described herein, based on the evidence submitted to the Board of Health and presented at a public meeting, which meeting shall be held within four (4) weeks of submission of an application. Notice of said meeting that includes the date, time and location, shall be advertised once in a newspaper of general circulation and mailed via electronic or first-class mail to the applicant at least one week prior to said meeting.
Uses allowed by exception or permit are subject to the following requirements:
A. 
Drinking Water Wells - All Drinking Water Wells shall be located 1) to maintain a minimum lateral distance from the well to the nearest septic system of 100 feet; 2) to provide minimum risk of exposure to contamination from any known or suspected source; and 3) so that they do not infringe upon the ability of adjacent property owners to locate septic systems. No Drinking Water Well shall be physically connected with a public water supply line. A Drinking Water Well must be tested for coliform, nitrate-nitrogen, and volatile organic compounds and found to be within potable water limits as defined in 310 CMR 22.00 Drinking Water Regulations and must not exceed the Commonwealth of Massachusetts' Maximum Contaminant Levels. The Board of Health by this regulation reserves the right to require more extensive testing in areas of known or suspected contamination. A Drinking Water Well shall not be used until an as-built plan and the results of all required testing have been submitted and approved by the Board of Health.
B. 
Irrigation/Supply Wells - Irrigation/Supply Wells shall be located 1) to maintain a minimum lateral distance from the well to the nearest septic system of 50 feet; 2) a minimum of 50 feet from a lot line in un-sewered areas; 3) to provide minimum risk of exposure to contamination from any known or suspected sources and; 4) for a lot served by Town sewer, Irrigation/Supply wells may be located 10 feet or greater from a lot line, provided that only subsurface irrigation is used. No Irrigation/Supply well shall be physically cross-connected with the plumbing of either a Drinking Water Well or a public water supply line. All Irrigation/Supply well spigots shall be placarded with a notice that reads "Irrigation/Supply well - not for drinking water purposes." Spigots for Irrigation/Supply Wells shall not be attached to a residence. An Irrigation/Supply Well shall not be used until 1) an as-built plan and the results of all required testing have been submitted and approved by the Board of Health, and 2) a notice of the existence and location of the Irrigation/Supply well shall be recorded with the Registry of Deeds. Initial testing of Irrigation/Supply Wells for contaminants shall be required prior to use. Irrigation/Supply Wells must not exceed the Maximum Contaminant Levels as set forth in 310 CMR 22.00 for contaminants.
C. 
Monitoring Wells - All Monitoring Wells shall have a locking cap or other device or structure to prevent unlawful use or entry. Caps shall be secure at all times when the well is not in use.
D. 
Compliance with water use restrictions. Private Drinking Water Wells and Irrigation/Supply wells shall be subject to water use restrictions to the same degree and extent that any such water use restrictions are placed upon the users of the Town's public water supply by the Commonwealth of Massachusetts or the Town of Ashland.
A. 
Any existing groundwater well must be abandoned in accordance with the provisions of 310 CMR 22.00 of the MA DEP Regulations, and any other applicable laws or regulations.
B. 
Drinking Water Wells - a Drinking Water Well may be abandoned by permanently taking it out of service by disconnecting it from the residential drinking water system and sealing it with concrete followed by permitting and inspection by the Ashland Board of Health.
C. 
Irrigation/Supply Well - An Irrigation/Supply Well may be abandoned by filling in the entire pipe volume with concrete, followed by a notice and inspection by the Ashland Board of Health and recording said abandonment with the Registry of Deeds.
D. 
Monitoring Well - Abandonment of a Monitoring Well requires notice to and certification by the Board of Health. Monitoring wells should be decommissioned in accordance with MassDEP Standard References for Monitoring Wells, Section 4.6 Decommissioning of Monitoring Wells. https://www.mass.gov/doc/wsc-310-91-standard-references-for-monitoring-wells-section-1/download.
A. 
For every property located within the Groundwater Use Restriction Sector, a notation shall be included on the Assessor's property card and Town's GIS map indicating that the property is located within the Groundwater Use Restriction Sector and that the property is subject to this Regulation.
B. 
When fulfilling requests for municipal tax lien certifications for properties within the Groundwater Use Restriction Sector, the Tax Collector shall include a copy of this Regulation and Exhibit A with the municipal tax lien certification.
C. 
When fulfilling requests for building permits for properties within the Groundwater Use Restriction Sector, the Planning and Development Offices shall provide a copy of this Regulation and Exhibit A to the applicant.
A. 
This regulation will be enforced by the Board of Health or its designated agent(s) under the authority granted it under MGL Chapter 111, Section 31. The Board of Health may institute or cause to be instituted, any and all actions, legal and equitable, that shall be appropriate or necessary for the enforcement of the provisions of this Regulation in a court of competent jurisdiction.
B. 
Failure to comply with the conditions of any permit granted under this Regulation, or loss of qualifications for an exception hereunder, shall constitute a violation of this Regulation and the Board of Health may issue a cease and desist order. Further, the Board of Health may hold a hearing, with notice to the permittee, to determine if a permit should be modified, suspended or revoked.
This Regulation shall take effect on May 10, 2023. Approved at a Board of Health meeting held on May 9, 2023.
If any provision of this Regulation is declared invalid or unenforceable, the remaining provisions shall not be affected thereby but shall continue in full force and effect.