[HISTORY: Adopted by the Town Council of
the Town of South Berwick 8-13-1990. Amendments noted where applicable.]
A.
The purpose of this chapter is to safeguard the groundwater
resources which are or may be used for public or private water supplies.
This protection is provided by limiting and/or regulating the storage,
handling, disposal, use and/or production of hazardous materials which
cannot be rendered harmless by dilution or by the attenuative capacity
of soil prior to reaching water supply wells.
B.
These regulations are intended to:
(1)
Prohibit, restrict or alter uses which have historically
posed severe threats to the potability of water supplies.
(2)
Allow use, handling or storage of hazardous materials
only where adequate protection has been provided to prevent contamination
of groundwater resources.
(3)
Establish strict performance standards for use, handling
or storage facilities associated with hazardous materials so as to
preclude their introduction into the aquifer.
As used in this chapter, the following terms
shall have the meanings indicated:
The raising or keeping of livestock for other than personal
consumption.
Geologic formation composed primarily of rock or sand and
gravel which stores and yields significant quantities of groundwater
to wells, springs or streams.
Any substance whose concentration in surface or groundwater
exceeds the background level or the current public health drinking
water standards for Maine. Background levels can be established by
predevelopment groundwater analysis. The drinking water and aquatic
toxicity standards referenced above may be obtained from the current
manual: State of Maine Rules of the Department of Human Services relating
to Drinking Water (available at the Town Clerk's office).
The accidental or intentional injection, dumping, spilling,
leaking, incinerating or placing of hazardous materials upon or into
any land or waters.
All of the water found beneath the surface of the ground.
For purposes of aquifer protection, this term refers to the subsurface
water present in surficial and bedrock aquifers and their respective
recharge areas.
A product or waste or combination of substances that, because
of quantity, concentration or physical, chemical or infectious characteristics,
poses a substantial present or potential hazard to human health, safety
or welfare or the environment when improperly treated, stored, transported,
used, disposed of or otherwise managed. This term includes petroleum
and any materials or substances designated as hazardous by the United
States Environmental Protection Agency and/or the Maine Department
of Environmental Protection.
Oil, gasoline, petroleum products and by-products, and all
other hydrocarbons which are liquid under normal atmospheric conditions.
Area composed of permeable material which allows precipitation
and surface water to filter into the ground and replenish groundwater
in aquifers.
Residual materials produced by industrial processes, water
or sewage treatment processes or domestic septic tanks.
Any vessel used for containment of liquid or bulk materials
which are classified as hazardous, and which is completely or partially
buried below the surrounding land surface.
A.
Delineation of Aquifer Protection District. For the
purpose of this chapter, the Aquifer Protection District is delineated
on a copy of a topographic map. This map is deemed an integral part
of this chapter and is filed at the Town Clerk's office.
B.
The Aquifer Protection District is an overlay district.
Notwithstanding the South Berwick Zoning Ordinance,[1] if there is any conflict between the provision of the
Aquifer Protection District and other sections of the Zoning Ordinance,
this section controls for all land in the Aquifer Protection District.
C.
Zones.
(1)
The Aquifer Protection District consists of aquifers
and aquifer recharge areas comprised of the following elements:
(a)
Zone 1, as delineated on the Aquifer Protection District
Map, consists of the areas which comprise known sand and gravel aquifers
and are presently in use.
(b)
Zone 2, as delineated on the Aquifer Protection District
Map, consists of the area surrounding a potential bedrock aquifer.
(c)
Zone 3, as delineated on the Aquifer Protection District
Map, consists of several areas of mapped sand and gravel but of unknown
hydrogeologic quality. Size alone is the basis for protection at this
time. At such time as the potential of these areas is proven or disproved,
they may be added to the Zone 1 district or deleted.
(2)
Zones have been mapped around existing and proposed
public water supply well fields.
D.
Notwithstanding anything to the contrary in the South
Berwick Zoning Ordinance,[2] the zone boundaries for purposes of this Aquifer Protection
Ordinance are as shown on the Aquifer Protection District Map. When
a zone boundary divides a lot, the land in each portion of the lot
shall be governed by the regulations for the zone in which it is located.
E.
Revision of zones.
(1)
The delineation of Zones 1 and 2 may be revised only by amendment to the Aquifer Protection District Map in accordance with the procedures for zoning amendments set forth in § 140-6 of the South Berwick Zoning Ordinance and in accordance with the procedures listed below.
(2)
If the accuracy of zone boundaries is questioned,
it is the responsibility of the concerned party to provide evidence,
prepared by a geotechnical engineer or geologist licensed in the State
of Maine with proven experience in hydrogeology, showing that the
boundaries as drawn are inaccurate and showing where the boundaries
lie. The Town may hire a hydrogeologist to review all information
submitted by the concerned party and may charge the concerned party
for the cost of the consultant.
(3)
If zone boundaries are changed by vote of the Town's
legislative body, the date of the revision and the signature of the
Chairman of the Town Council certifying the revision must be noted
on the revised map.
A.
All uses and activities in Zones 1 and 2 must meet
all applicable performance standards.
B.
Nonconforming uses.
(1)
Any lawful use of land or structures which is made nonconforming by the enactment of this chapter may be continued, but must be brought into compliance with the performance standards applicable to that use within two years after the enactment of this chapter, except as provided in Subsection B(2) and (3).
(2)
Any lawful use of land or structures which is made
nonconforming by the enactment of this chapter may be continued despite
noncompliance with the performance standards of this chapter, provided
that:
(a)
The use complies with the applicable federal and state
standards which were in effect when the use was commenced and continues
to comply with applicable and current standards; and
C.
Any proposed use not specifically listed in the Land
Use Table is prohibited. However, if the Code Enforcement Officer
determines that the proposed use is similar in nature and impact to
a use listed in the Land Use Table,[1] the Code Enforcement Officer may refer the proposed use
to the Planning Board for site plan review or, in circumstances where
the quantity or quality of hazardous materials associated with the
proposed use and the adequacy and reliability of the control measures
indicate that site plan review is not necessary, may issue a permit
for the use.
A.
Timber harvesting. Over any ten-year period, harvesting
may not remove more than 50% of the volume of trees over six inches
in diameter. For the purpose of these standards, volume may be considered
equivalent to basal area.
B.
Lot coverage.
(1)
Natural vegetation must be preserved to the maximum
extent possible to promote recharge of the aquifer. Not less than
50% of the original lot area shall remain in its natural condition.
(2)
Where more that 25% of the lot is rendered impervious,
provision must be made for on-site recharge of precipitation unless
the Planning Board determines that recharge is infeasible because
of site conditions or is undesirable because of uncontrollable risks
to water quality. This section is applicable to Zone 1 only.
C.
Agriculture.
(1)
Land application of sludge and spray irrigation of
industrial wastewater or sewage are prohibited in the Aquifer Protection
District.
(2)
Fertilizer spreading is permitted if carried out in
accordance with a plan established by the Soil Conservation Service.
Applicants will be required to provide evidence of their conformance
to this plan to the Planning Board.
D.
Animal husbandry. Animal husbandry and associated
manure handling must be carried out in conformance with a plan which
meets the standards of the State Soil and Water Conservation Commission
and is approved by the York County Soil and Water Conservation District.
The plan must include provision for control of surface water runoff
and nonpoint source pollution.
E.
Industrial and commercial uses.
(1)
Facilities must be designed so that all stored, spilled
or leaked hazardous materials are contained on site.
(2)
Facilities must be designed so that no stored, spilled
or leaked hazardous materials can infiltrate into the ground.
(3)
Permanent disposal of any waste containing hazardous
materials shall not be allowed on site.
(4)
Interior floor drains shall not be directed to any
stream, storm drain, dry well, subsurface wastewater disposal system
or the public sewer system. They must be directed to holding tanks
or private treatment systems.
(5)
Aboveground storage tanks for hazardous materials
must be located within a diked area which is impervious to the substance(s)
being stored and large enough to contain the entire contents of the
tank(s).
(7)
Storage areas for drums must be contained within a
diked area which is impervious to the substances being stored. All
drums must be stored in produce-tight containers which are protected
for leakage, accidental damage and vandalism.
(8)
Commercial or industrial activities which have uncovered
storage areas must have specially designed stormwater drainage facilities
which provide for disposal of stormwater in a manner that will not
adversely affect groundwater quality.
(9)
Dumpsters used to store industrial or commercial wastes
must be covered.
(10)
Design of storage and containment storage areas is
subject to approval by the Planning Board.
F.
Pollution levels. No contaminant may exceed a concentration
in the groundwater, measured at the property boundary, that is greater
than background levels or current public health drinking water standards
(Federal Primary and Secondary Interim Drinking Water Standards, the
Maine Drinking Water Rules and Environmental Protection Agency Health
Advisories), whichever is most stringent. Information regarding standards
can be obtained from current manuals, including but not limited to:
State of Maine Rules Relating to Drinking Water and Rules relating
to Testing of Private Water Systems for Potentially Hazardous Contaminants,
published by Maine Department of Human Services and the Safe Drinking
Water Act. Any violation of this standard is cause to order the immediate
cessation of the use or activity responsible for the contamination.
The landowner is responsible for the cost of all remedial action.
G.
Subsurface wastewater disposal system.
(1)
In areas which are not served by public sewer, no
more than one dwelling unit may be connected to a subsurface waste
disposal system, and no engineered systems are permitted unless a
full hydrogeologic study which examines the specific groundwater impacts
of the proposed system indicates that there will be no off-site impacts
on groundwater quality. The study must be conducted by a licensed
geotechnical engineer or geologist with proven experience in hydrogeology.
(2)
Disposal of hazardous materials to wastewater disposal
system is prohibited.
H.
Sand and gravel extraction.
(1)
Maximum extraction depth will not be closer than five
feet to the average seasonal high water table. No ditches, trenches,
pumping or other methods may be used to artificially lower the water
table to permit more mineral extraction than could occur under natural
conditions.
(2)
All petroleum products must be kept out of the pit.
If refueling and oil changes must be conducted in the pit, a special
area must be constructed that would contain all spills from entering
the ground. Absorbent pads must be kept on site to be used immediately
should any petroleum products be spilled on the soil.
(3)
The pit may not be used for storage or dumping of
any substances.
(4)
Any washing or crushing operations must be conducted
in a manner that will minimize runoff and evaporation.
(5)
Access and haul roads into and around the pit may
not be oiled or salted.
(6)
Access to the pit must be strictly controlled at all
times with locking gates. When the pit is permanently closed, all
vehicular entrances must be made impassable.
(7)
When the pit is permanently closed, it must be reclaimed
in a manner consistent with its surroundings. Application of fertilizer,
manure or other soil amendments to bare soil whose topsoil has been
removed is prohibited.
I.
Junkyards/automobile graveyards. Every automobile
stored in a junkyard or automobile graveyard, as defined in state
law, 30-A M.R.S.A. § 3752, must have its battery removed
and must have its engine coolant, transmission fluid, brake fluid,
engine oil and gasoline drained into watertight, covered containers.
These waste materials must be disposed of according to all applicable
federal and state laws, rules and regulations regarding disposal of
waste oil and hazardous materials. No discharge of any fluids from
any motor vehicle is permitted into or onto the ground.
J.
Design and installation requirements for underground
tanks.
(1)
New and/or replacement underground tanks must meet
applicable state and federal standards for construction, installation
and monitoring.
(2)
As a condition of approval of any new or replacement
underground tank, the Planning Board may require groundwater monitoring
if it determines that such monitoring is necessary to ensure protection
of the water supply.
(a)
Monitoring wells must be a minimum of two inches in
diameter.
(b)
The slotted zone must extend at least five feet into
the water table and at least five feet above the groundwater surface,
as determined at the time of installation.
(c)
The screened portion of the well must be a minimum
of 10 feet in length and must be factory slotted with a slot of 0.010
inch.
(d)
Monitoring wells must be installed with a cap at the
bottom of the slotted section of the well.
(e)
Monitoring wells may not be constructed of Schedule
20 PVC sewer or leach field piping.
(f)
Monitoring wells must be constructed of flush joint,
threaded Schedule 40 PVC or other brand PVC which have equivalent
or greater wall thicknesses. O-ring seals must be used at each joint.
(g)
Monitoring wells must be numbered such that all monitoring
and testing results may be easily correlated to a specific monitoring
well location.
(h)
All monitoring wells must be equipped with liquid-proof
caps.
(i)
Monitoring wells must be properly distinguished from
fill pipes.
(j)
The outside of the monitoring wells must be sealed
using bentonite or a similar product to a depth of 1 1/2 feet
below ground surface.
(k)
Monitoring wells which are located in traffic areas
must be cut off at ground level or properly protected from vehicles.
(l)
Any damaged monitoring well must be repaired or replaced
as soon as possible after discovery of the damage.
(3)
Used fiberglass or cathodically protected tanks or
piping may not be reinstalled, unless the manufacturer supplies documentation
indicating that the manufacturer will warranty the tanks and piping
against internal and external corrosion and structure failure for
a period of at least 10 years, after which time the tank(s) or piping
must be properly abandoned.
(4)
If a tank is replaced, all associated piping not meeting
the design requirements of this chapter must be replaced. Any replacement
piping must be designed and installed in accordance with this rule.
(5)
Piping may not be relined.
(6)
All new and replacement tank fill openings must be
installed with collection boxes or sumps with a capacity of 25 gallons
or greater, which are sealed around the fill pipe and will collect
spillage during delivery or with an automatic shutoff device which
will prevent overfills.
(7)
A new material and/or technology which can be demonstrated
to the satisfaction of the Department of Environmental Protection,
to be equivalent to the standards set forth herein, may be approved
for use on a case-by-case basis. Approval must be submitted to the
Planning Board.
(8)
Upon discovery of any evidence of a leak or discharge
of stored product, the owner of the tank must cause notice to be given
to the South Berwick Fire Department. Water District and Town Planner
immediately upon discovery.
(9)
A permit must be obtained from the South Berwick Fire
Department to remove or place tanks out of service.
(10)
Any tank not used for a period of 90 days must be
properly safeguarded or removed in a manner approved by the South
Berwick Fire Department.
(11)
Any tank which has been abandoned for a period of
one year must be removed from the property and disposed of in a manner
approved by the South Berwick Fire Department and the site restored
in an approved manner.
(12)
A record of tank size, location, registration number
and date of removal/disposal must be submitted to the South Berwick
Fire Department, Water District and Town Planner, within 30 days of
removal.
A.
All underground storage tanks and facilities must
be registered on the form currently provided by the Maine Department
of Environmental Protection. It is the intent of this subsection to
have that form serve as notice to the Planning Board.
B.
No person may install or cause to be installed a new
or replacement underground storage tank or facility without first
having:
(1)
Filed registration materials (Department of Environmental
Protection form) in accordance with information requirements specified
herein, which have been deemed complete by the Planning Department
at least five business days prior to installation.
(2)
Sent a copy of the materials and any subsequent amendments
to the South Berwick Fire Department.
(3)
Retained a copy to be made available on site to municipal
officials.
(4)
Received written approval from the Department of Environmental
Protection.
C.
Registration materials for new or replacement facilities
not in conformance with this chapter must not be accepted by the Planning
Department.
D.
Acceptable evidence that a new or replacement tank
has been properly registered consists of receipt of a written acknowledgment
from the Planning Department. The Planning Department will determine
the completeness of the registration materials and notify the registrant
within five business days of receipt.
E.
A person who installs or causes to be installed a
new or replacement underground storage tank after five business days
of the Planning Department's receipt of the registration form, without
first having received confirmation that the registration is complete,
does so at his own risk. If it is determined that the facility was
not installed in accordance with regulations, the tank owner is required
to retrofit the facility such that it is in conformance with the regulations.
F.
When an emergency situation occurs, the time requirement of Subsection B may be waived by the Planning Board upon petition of a tank registrant if:
G.
For existing tanks, the information required for registration
must be submitted to the Planning Department and a copy provided to
the South Berwick Fire Department in accordance with this section.
No person may operate, maintain or store any product in an underground
storage facility after the effective date of this chapter unless each
underground storage tank at that facility has been registered with
the Planning Department and a copy of the registration materials has
been received by the South Berwick Fire Department.
H.
Registrations must be submitted on forms currently
used by the Department of Environmental Protection.
I.
It is the responsibility of the facility owner to
register all tanks. Where the facility owner cannot be determined
or is disputed, it is the responsibility of the property owner to
register all facilities and tanks located on the property.
J.
The Planning Department will assign the Department
of Environmental Protection registration number to each facility and
to each tank at a facility. These registration numbers must be provided
to the owner or operator and must be used for annual reregistration
and in all subsequent correspondence regarding registered facilities
and tanks. The owner or operator must post the registration number
or certification in a prominent location at the facility.
K.
The owner or operator of an underground storage tank
must file an amended registration form with the Planning Department
and the South Berwick Fire Department immediately upon any change
in the information required pursuant to this section. No fee will
be charged for filing an amended registration.
L.
When a transfer of ownership takes place, the new
owner must notify the Planning Department, in writing, within 30 days
of transfer of ownership. The new owner must comply with all aspects
of this chapter.
A.
No activity or land use may be conducted in Zone 1
or 2 except in accordance with these provisions. Failure to conform
to these provisions constitutes a violation and is subject to the
penalties and actions set forth in this chapter.
B.
Whenever a use is proposed in the Aquifer Protection
District, the Code Enforcement Officer shall first determine whether
the proposed use is permitted, not permitted or requires a site plan
review permit, according to the Land Use Table.[1] If a site plan review permit is required:
(1)
The Planning Board may require an applicant to submit
a hydrogeological study examining the potential impact of the proposed
use on groundwater quality. The study must be prepared by a licensed
geotechnical engineer or geologist with proven experience in hydrogeology.
The Planning Board may hire an expert to review all information submitted
by the applicant and shall charge the applicant the cost of the consultant.
(2)
In reviewing applications for a site plan review permit under this chapter, the Planning Board shall utilize the procedures set forth in § 140-77 of the South Berwick Zoning Ordinance.
(3)
The Planning Board must, after a public meeting with
due notice, approve, deny or approve with conditions all applications.
The Board must approve or approve with conditions an application if
it makes a positive finding, based on the information presented, that:
(a)
The proposed use meets the specific requirements set
forth in this chapter and will be in compliance with all applicable
state and federal laws.
(b)
The proposed use meets all applicable performance
standards.
(c)
The proposed use will not create the risk of bacterial
or viral contamination of groundwater in Zone 1.
(d)
The risk of accidental spills and discharges of petroleum
or hazardous materials is not significant, and control measures proposed
to prevent adverse impacts on water quality are adequate to prevent
contamination of the groundwater.
(e)
The use will not create an undue risk of discharge
of hazardous materials to groundwater.
C.
It is the responsibility of the Code Enforcement Officer
to enforce the provisions of this chapter. The Code Enforcement Officer,
at reasonable hours, may enter and inspect any building, structure
or property within the district to determine if the provisions of
the Aquifer Protection District are being met. Upon request of the
Code Enforcement Officer, the owner or operator of any premises at
which hazardous materials are used or stored must furnish all information
necessary to show compliance with these regulations, including a complete
list of all chemicals, pesticides, fuels or other hazardous materials
used or stored on the premises and a description of measures taken
to meet performance standards for industrial and commercial uses.
D.
Uses of limited- or restricted-use pesticides require a permit from the Planning Board. A "limited pesticide" is any pesticide or pesticide use classified for limited use by the State Pesticide Control Board. A limited-use pesticide can only be used after the applicator has obtained a permit from the State Pesticide Control Board. A "restricted pesticide" is any pesticide classified for use only by or under the direct supervision of a certified (licensed by the State Pesticide Control Board) applicator. The applicant must submit the information required in § 56-9A through D, Submissions, to the Planning Board. A permit must be issued unless reliable evidence is presented to the Planning Board indicating use of the substance(s) being used poses a significant risk to the water quality. The Board may approve the permit with conditions if conditions are necessary to ensure that continued use will not cause a violation of the performance standard for pollution level. Once a permit has been granted, any subsequent increase in application levels or use of substances not listed in the original permit submissions must first be approved by the Planning Board.
Maximum lot coverage with impervious surface
shall not exceed 10%, except that the Planning Board may authorize
an increase in impervious cover to a maximum of 30% of a lot, provided
that the criteria established below are met. The Planning Board may
authorize an increase in the allowable lot coverage with impervious
surfaces to a maximum of 30% of a lot, except for areas within 400
feet from any springs and well sites controlled by the Water District,
provided that the Board finds that criteria established in Subsections
A through D below have been met. Evidence as to whether the criteria
below have been met shall be submitted by the applicant in the form
of a stormwater management plan and a hydrogeologic analysis prepared
by a registered professional engineer(s). The Planning Board shall,
when deemed necessary to determine compliance with the criteria contained
in this section, retain the services of the Town's consulting engineer;
the cost of such services to be covered by the applicant.
A.
Recharge to the aquifer shall not be significantly
impaired. To avoid reduction in recharge, the ground surface of the
site in question shall be modified so as to create recharge swales
and/or recharge dry wells. Swales and dry wells shall be designed
to accept stormwater from a twenty-four-hour, ten-year storm, falling
on the total area of impervious surface and the area of the swale
itself.
B.
Stormwater runoff shall be satisfactorily infiltrated
into the aquifer. Wetland conditions shall not be created in recharge
swales. Test pit logs, water level readings from wells or piezometers
or other climatological data shall determine that the bottom of recharge
swales and/or dry wells will not interest the seasonal high water
level.
C.
For the purposes of encouraging recharge, evaporation
of impounded stormwater shall be minimized. Surface and subsurface
soil permeabilities shall be sufficient to drain runoff generated
by the twenty-four-hour, ten-year storm within a period of seven days.
D.
The hydrogeologic analysis shall provide evidence
that the resultant water quality of runoff due to the increased impervious
cover will not be degraded over existing predevelopment conditions.
Applications for a site plan review in the Aquifer
Protection District must contain the following information:
A.
A site plan drawn to a scale no smaller than one inch
equals 100 feet, showing:
(1)
Aquifer Protection District boundaries if they cross
the parcel.
(2)
Boundaries of the property and abutting streets.
(3)
Outlines of all buildings.
(4)
Layout and location of access drives, parking areas
and vehicular maneuvering areas.
(5)
Location of all areas used for storage of petroleum
or hazardous materials.
(6)
Location of buffers, landscaping and existing vegetation
which will be retained.
(7)
Location and description of storage areas and types
of materials to be stored.
(8)
Location of wastewater disposal systems or public
sewer facilities.
(9)
Location of all public and private water supplies
on the property and abutting properties.
(10)
Topography of a contour interval not greater than
two feet showing the effects of drainage and runoff on adjacent properties.
A greater contour interval may be used if the Board determines that
the plan is adequate to evaluate site conditions.
B.
A description of the manner in which the applicant
intends to meet all applicable performance standards.
C.
Where applicable:
(1)
A complete list of all chemicals, pesticides, fuels
and other potentially toxic or hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use, and a description of measures to provide for control
of spills, design of storage areas and any other information necessary
to show compliance with performance standards.
(2)
For a permit to use limited- or restricted-use pesticides,
a complete list of products proposed for application and a detailed
description of the application program.
(3)
For animal husbandry operations, a conservation plan,
approved by the York County Soil and Water Conservation District.
(4)
For dwellings with subsurface waste disposal systems,
a completed site evaluation form (HHE-200).
D.
If required by the Board:
(1)
A map showing groundwater contours of the seasonal
high water table.
(2)
A hydrogeological study of the proposed use's impact
on groundwater quality.
(3)
Water quality data from on-site monitoring wells.
(4)
Any other information needed to prove that the use
will not adversely affect groundwater quality.
A.
A nonconforming use of a structure, building or property
may be changed to another nonconforming use by appeal to the Planning
Board if the applicant can prove that the proposed new use will be
less detrimental to groundwater than the prior use. The case shall
be heard as a site plan review.
B.
Extension or expansion of nonconforming uses is not
permissible by variance or otherwise.
Appeals from decisions of the Code Enforcement Officer or the South Berwick Planning Board shall go to the Zoning Board of Appeals using the appeal procedure outlined in § 140-76C of the South Berwick Zoning Ordinance.
A.
When any violation of any provision of this chapter
shall be found to exist, the Municipal Attorney, upon recommendation
of the Code Enforcement Officer, is hereby authorized and directed
to institute any and all actions and proceedings, either legal or
equitable, that may be appropriate or necessary to enforce the provisions
of this chapter in the name of the municipality.
B.
Any person, firm or corporation being the owner or
having control or use of any building or premises who violates any
of the provisions of this chapter shall commit a civil violation and,
upon being found liable, shall be fined in accordance with 30-A M.R.S.A.
§ 4452. All fines are payable to the Town.