Chapter 56 Aquifer Protection

Prohibit, restrict or alter uses which have historically posed severe threats to the potability of water supplies.

Allow use, handling or storage of hazardous materials only where adequate protection has been provided to prevent contamination of groundwater resources.

Establish strict performance standards for use, handling or storage facilities associated with hazardous materials so as to preclude their introduction into the aquifer.

§ 56-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANIMAL HUSBANDRY

The raising or keeping of livestock for other than personal consumption.

AQUIFER

Geologic formation composed primarily of rock or sand and gravel which stores and yields significant quantities of groundwater to wells, springs or streams.

CONTAMINANT

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).

DISCHARGE

The accidental or intentional injection, dumping, spilling, leaking, incinerating or placing of hazardous materials upon or into any land or waters.

GROUNDWATER

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.

HAZARDOUS MATERIAL

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.

PETROLEUM

Oil, gasoline, petroleum products and by-products, and all other hydrocarbons which are liquid under normal atmospheric conditions.

RECHARGE AREA

Area composed of permeable material which allows precipitation and surface water to filter into the ground and replenish groundwater in aquifers.

SLUDGE

Residual materials produced by industrial processes, water or sewage treatment processes or domestic septic tanks.

UNDERGROUND STORAGE TANK

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.

§ 56-3 Aquifer Protection District.

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.

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.

[1]

Editor's Note: See Ch. 140, Zoning.

Zones.

The Aquifer Protection District consists of aquifers and aquifer recharge areas comprised of the following elements:

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.

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.

Zones have been mapped around existing and proposed public water supply well fields.

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.

[2]

Editor's Note: See Ch. 140, Zoning.

Revision of zones.

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.

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.

§ 56-4 Uses of land within Zones 1 and 2.

If zone boundaries are changed by vote of the Town's legislative body, the date of the revision and the signature of the Chair of the Town Council certifying the revision must be noted on the revised map.

All uses and activities in Zones 1 and 2 must meet all applicable performance standards.

Nonconforming uses.

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).

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:

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

The use is reviewed and approved as a site plan review by the Planning Board under § 56-7B of this chapter, except that Subsection B(3)(a) and (b) of § 56-7 shall not apply.

This section shall not apply to those standards governing lot coverage (§ 56-5B) and subsurface wastewater disposal (§ 56-5G).

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.

[1]

Editor's Note: This table is located at the end of Ch. 140, Zoning.

§ 56-5 Performance standards.

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.

Lot coverage.

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.

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.

Agriculture.

Land application of sludge and spray irrigation of industrial wastewater or sewage are prohibited in the Aquifer Protection District.

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.

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.

Industrial and commercial uses.

Facilities must be designed so that all stored, spilled or leaked hazardous materials are contained on site.

Facilities must be designed so that no stored, spilled or leaked hazardous materials can infiltrate into the ground.

Permanent disposal of any waste containing hazardous materials shall not be allowed on site.

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.

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).

Underground tanks must meet the criteria listed in § 56-10 of this chapter.

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.

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.

Subsurface wastewater disposal system.

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.

Disposal of hazardous materials to wastewater disposal system is prohibited.

Sand and gravel extraction.

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.

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.

The pit may not be used for storage or dumping of any substances.

Any washing or crushing operations must be conducted in a manner that will minimize runoff and evaporation.

Access and haul roads into and around the pit may not be oiled or salted.

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.

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.

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.

Design and installation requirements for underground tanks.

New and/or replacement underground tanks must meet applicable state and federal standards for construction, installation and monitoring.

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.

Monitoring wells must be a minimum of two inches in diameter.

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.

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.

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.

Piping may not be relined.

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.

§ 56-6 Registration of underground storage facilities.

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.

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.

No person may install or cause to be installed a new or replacement underground storage tank or facility without first having:

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.

Sent a copy of the materials and any subsequent amendments to the South Berwick Fire Department.

Retained a copy to be made available on site to municipal officials.

Received written approval from the Department of Environmental Protection.

Registration materials for new or replacement facilities not in conformance with this chapter must not be accepted by the Planning Department.

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.

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.

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:

The registrant can demonstrate to the Planning Board that an emergency situation exists; and

The South Berwick Fire Department has been notified, by the registrant, that the tank is being installed without the five-day notice due to an emergency situation.

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.

Registrations must be submitted on forms currently used by the Department of Environmental Protection.

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.

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.

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.

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.

§ 56-7 Administration and enforcement.

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.

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:

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.

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.

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:

The proposed use meets the specific requirements set forth in this chapter and will be in compliance with all applicable state and federal laws.

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.

(f)

The application meets all applicable standards of § 56-9, Submissions, of this chapter.

[1]

Editor's Note: This table is located at the end of Ch. 140, Zoning.

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.

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.

§ 56-8 Lot coverage.

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.

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.

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.

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.

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.

§ 56-9 Submissions.

Applications for a site plan review in the Aquifer Protection District must contain the following information:

A site plan drawn to a scale no smaller than one inch equals 100 feet, showing:

Aquifer Protection District boundaries if they cross the parcel.

Boundaries of the property and abutting streets.

Outlines of all buildings.

Layout and location of access drives, parking areas and vehicular maneuvering areas.

Location of all areas used for storage of petroleum or hazardous materials.

Location of buffers, landscaping and existing vegetation which will be retained.

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.

A description of the manner in which the applicant intends to meet all applicable performance standards.

Where applicable:

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.

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.

For animal husbandry operations, a conservation plan, approved by the York County Soil and Water Conservation District.

For dwellings with subsurface waste disposal systems, a completed site evaluation form (HHE-200).

If required by the Board:

A map showing groundwater contours of the seasonal high water table.

A hydrogeological study of the proposed use's impact on groundwater quality.

Water quality data from on-site monitoring wells.