HomeMy Public PortalAboutWater Quality Review Bylaw
ARTICLE XI WATER QUALITY PROTECTION BYLAW
(approved by Town Meeting November 17, 2008 and by the Attorney General June 15, 2009)
§ 179-53. Purpose.
The purposes of this Water Quality Protection Bylaw are:
A. To promote the health, safety and general welfare of the community by ensuring an adequate quality and
quantity of drinking water for the residents, institutions and businesses of the Town of Brewster;
B. To preserve and protect all existing and potential sources of drinking water supplies within Brewster’s
borders;
C. To identify uses that should be prohibited or allowed only by special permit;
D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen
contamination and pollution from stormwater runoff;
E. To complement the Commonwealth's Department of Environmental Protection regulations governing
groundwater protection and the Commonwealth’s efforts to protect surface and coastal waters;
F. To protect other sensitive water resource areas, including those land areas that contribute recharge to
private drinking water supply wells;
G. To conserve the natural resources of the Town; and
H. To prevent temporary and permanent contamination of the water resources of the Town.
§ 179-54. Scope of Authority; Overlay District.
This Bylaw establishes regulations governing land uses and structures and their potential impact upon the
Town’s water resources. The provisions of Article XI are superimposed over all zoning districts and all land
within the Town of Brewster and shall function as an overlay district. Where this Article establishes rules,
regulations, requirements, standards or provisions that are stricter than the underlying zoning districts,
including those uses and structures found in Table 1 of the Zoning Bylaw, the provisions of this Article shall
control. May 2009 amendment:. In addition, this Article establishes specific requirements for land uses and
activities within those portions of the Town of Brewster mapped and identified on the Zoning Map as the
District of Critical Planning Concern (“DCPC”) entitled “Brewster Water Protection District” as adopted by
the Barnstable County Assembly of Delegates pursuant to the Cape Cod Commission Act which includes
“Zone I” and “Zone II” and the “Groundwater Protection District” and the “Pleasant Bay Watershed.”
§ 179-55. Definitions.
As used in this Article, the following terms shall have the following meanings indicated:
AQUIFER - Geologic formation composed of rock, sand or gravel that contains significant amounts of
potentially recoverable water.
BEST MANAGEMENT PRACTICES - means any structural or non structural mechanism designed to
minimize the impact of non-point source pollution on receiving waters or resources, including, but not
limited to: detention ponds, construction or installation of vegetative swales and buffers, street cleaning,
reduced road salting, and public education programs.
BUILDER’S ACRE – a unit of land measure equal to 40,000 square feet, which is considered a building acre
in accordance with standard real estate practices.
COMMERCIAL FERTILIZERS - Any substance containing one or more recognized plant nutrients which
is used for its plant nutrient content and which is designed for use, or claimed by its manufacturer to have
value in promoting plant growth. Commercial fertilizers do not include un-manipulated animal and
vegetable manures, marl, lime, limestone, wood ashes, and gypsum.
EARTH REMOVAL - The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic
ores or bedrock. Mining activities are considered earth removal, whether the disturbed natural materials are
removed from the site or re-worked on the site.
DEP - The Massachusetts Department of Environmental Protection.
DEVELOPMENT- means the construction, reconstruction, conversion, structural alteration, relocation, or
enlargement of any structure; any mine, excavation, landfill, or land disturbance; and/or any change in use,
or alteration or extension of the use, of land.
DISCHARGE - The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing or toxic or hazardous material or waste upon or into any land or water so that such
hazardous waste or any constituent thereof may enter the land or waters of Brewster. Discharge includes,
without limitation, leakage of such materials from failed or discarded containers or storage systems and
disposal of such materials into any on-site leaching structure or sewage disposal system.
HAZARDOUS OR TOXIC MATERIALS - Any substance or mixture of physical, chemical or any infectious
characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human
health if such substance or mixture were discharged to land or water of the Town of Brewster. Hazardous or
toxic materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive
or infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in
quantities greater than normal household use; and all substances defined as hazardous or toxic under
Massachusetts General Laws (MGL), Chapters 21C and 21E, using the Massachusetts Oil and Hazardous
Substance List (310 CMR 40.0000), and 310 CMR 30.00.
HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF - means any or all of the
following:
a) 275 gallons or less of oil on site at any time to be used for heating of a structure or to supply
an emergency generator, and
b) 25 gallons (or the dry weight equivalent) or less of other hazardous materials on site at any
time, including oil not used for heating or to supply an emergency generator, and
c) a quantity of hazardous waste at the Very Small Quantity Generator level as defined in the
Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.353.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION - A groundwater elevation determined
from monitoring wells and historical water table fluctuation data compiled by the United States Geological
Survey.
IMPERVIOUS SURFACE - Material or structure on, above or below the ground that does not allow
precipitation or surface water to penetrate directly into the soil.
LANDFILL - A facility established in accordance with a valid site assignment for the purposes of disposing
solid waste into or on the land, pursuant to 310 CMR 19.006.
LOT – as per Chapter 179-2 Definitions.
MINING - The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or
bedrock.
NITROGEN MANAGEMENT- means the process of ensuring that nitrogen generated by land uses does not
exceed established capacities of the resources receiving nitrogen inputs.
NON-SANITARY WASTEWATER- Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary sewage including, but not limited to,
activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
OPEN DUMP - A facility which is operated or maintained in violation of the Resource Conservation and
Recovery Act (42 U.S.C. 4004(a)(b)), or the regulations and criteria for solid waste disposal.
POTENTIAL DRINKING WATER SOURCES - Areas that could provide significant potable water in the
future.
PETROLEUM PRODUCT - Petroleum or petroleum by-product including, but not limited to: fuel oil;
gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil
mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petr oleum
product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane
or butane.
PROCESS WASTEWATER - All wastewater disposed of on site other than sanitary wastewater.
RECHARGE AREAS - Areas that collect precipitation or surface water and carry it or have it pumped to
aquifers. "Recharge areas" may include areas designated as Zone I, Zone II or Zone III.
SEPTAGE - The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or
other sewage waste receptacles. Septage does not include any material that is a hazardous waste, pursuant to
310 CMR 30.000.
SLUDGE - The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or
drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the
headworks of a facility.
STORMWATER MANAGEMENT - means the process of ensuring that the magnitude and frequency of
stormwater runoff does not increase the hazards associated with flooding and that water quality is not
compromised by untreated stormwater flow.
SUBDIVISION - means the division or re-division of a lot, tract, or parcel of land into two or more lots,
tracts, or parcels in accordance with G.L. c.41 s.81-L.
TIGHT TANK- Any and all containers or devices with regard to or used for wastewater disposal as defined
and regulated by the State Sanitary Code, 310 CMR 15.260.
TREATMENT WORKS - Any and all devices, processes and properties, real or personal, used in the
collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of
waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the
works for the purpose of treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR - Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any
acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY - A waste oil collection facility for automobile service stations, retail
outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge
of petroleum waste products in accordance with M.G.L. c.21, section 52A.
WATER QUALITY REVIEW COMMITTEE (WQRC)- Shall consist of a Committee to be appointed by the
Board of Selectmen to include seven members; one member each from the Board of Selectmen, Board of
Health, Planning Board, Conservation Commission and Water Commissions, the Brewster Building
Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later than three weeks
after the effective date of this Bylaw, members other than the Building Commissioner and the Health Agent
shall be appointed for one, two and three year terms and thereafter all members shall be appointed for three
year terms. The Building Commissioner and Health Agent shall serve as members of the WQRC while they
are employed in their respective positions.
ZONE I - The immediate land area around a well. It is defined as a 400 foot protective radius for wells
greater than 100,000 gpd and 100 to 400 foot radius for wells less than 100,000 gpd, depending upon the
pumping rate. The Zone I must be owned by the water supplier or controlled through a conservation
restriction. Only water supplier activities are allowed in the Zone I.
ZONE II - The DEP approved area of an aquifer which contributes water to a well under the most severe
pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00. The
Zone II includes the Zone I.
ZONE III - The land area beyond the area of Zone II from which surface water and groundwater drain into
Zone II. Zone III boundaries are determined by identifying the topographic surface water drainage divides.
The surface water drainage area commonly coincides with the groundwater drainage; however, in areas
where they are not coincident, the Zone III encompasses both the surface and groundwater drainage area.
§ 179-56. Use Regulations.
A. Provided that all necessary permits, orders, or approvals as required by local, county, state, or federal
law are also obtained and notwithstanding any requirement to the contrary found w ithin this Article, the
following uses and activities shall be exempted from the requirements of this Article and may occur
without a special permit:
(1) Continuous Transit. The transportation of hazardous wastes or materials provided that the
transporting motor vehicle is in continuous transit;
(2) Vehicular and Lawn Maintenance Fuel and Lubricant Use. The use in a vehicle or lawn
maintenance equipment of any hazardous material solely as fuel or lubricant in that vehicle or
equipment fuel tank;
(3) Retail/Wholesale Sales/Office/Commercial Uses that store or handle hazardous materials or
wastes in amounts that do not exceed household quantities;
(4) Construction Activities. The activities of constructing, repairing, or maintaining any building or
structure, provided that all contractors, subcontractors, laborers, and their employees follow all
local, county, state and federal laws, when using, handling, storing, or producing any hazardous
materials or wastes.
(5) Household Use. The household use of hazardous materials or wastes in amounts that do not
exceed household quantities.
(6) Municipal Use. The municipal use of hazardous materials and any materials stored and used for
the sole purpose of water supply treatment or as required by law; and
(7) Storage of Oil(s). The storage of oil(s) used for heating fuel, provided that the container used for
such storage shall be located within an enclosed structure that is sufficient to preclude leakage of
oil to the external environment and to afford routine access for visual inspection and shall be
sheltered to prevent the intrusion of precipitation.
(8) Conservation of soil, water, plants, and wildlife;
(9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally
permitted;
(10) Normal operation and maintenance of existing water bodies and dams, splash boards,
and other water control, supply and conservation devices;
(11) Use and development of single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan, special permit, or variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
(14) Construction, maintenance, repair, and enlargement of drinking water supply related
facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels;
(15) Underground storage tanks related to permitted activities.
B. Prohibited uses within the Town of Brewster.
The following uses are prohibited throughout and within the Town of Brewster:
(1) [Deleted]
(2) Landfills receiving only wastewater and/or septage (wastewater residuals “monofils”) as defined
in 310 CMR 32.05, approved by the DEP pursuant to M.G.L. c. 21, sections 26 through 53;
M.G.L. c. 111, section 17; M.G.L. c. 83, sections 6 and 7, and regulations promulgated
thereunder;
(3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31.
(4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the
removal of ice and snow on roads, unless such storage, including loading areas, is within a
structure designed to prevent the generation and escape of contaminated runoff or leachate.
(5) Storage of animal manure, unless such storage is covered or contained within a structure
designed to prevent the generation and escape of contaminated runoff or leachate.
(6) Earth removal, not consistent with Section 179-39 of the Brewster Zoning Bylaw.
(7) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310
CMR 30.000, except for the following:
(a) Very Small Quantity Generators of Class A Regulated Recyclable Material as defined
under 310 CMR 30.000.
(b) Household hazardous waste centers and collection events under 310 CMR 30.390.
(c) Waste oil retention facilities required by MGL c. 21, § 52A.
(d) Water remediation treatment works approved by the Department of Environmental
Protection (DEP) designed in accordance with 314 CMR 5.00 for the treatment of
contaminated ground or surface waters and operated in compliance with M.G.L. c. 21E and
310 CMR 40.000.
(8) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(9) Storage of dry hazardous materials, as defined in MGL C. 21E, unless in a freestanding container
within a building or above ground with adequate secondary containment adequate to contain a
spill the size of the container's total storage capacity.
(10) Storage of fertilizers unless such storage is within a structure designated to prevent the
generation and escape of contaminated runoff or leachate.
(11) Land uses that result in rendering impervious any lot or parcel more than 15% or 2,500
square feet, whichever is greater, unless a system for artificial recharge of precipitation is
provided that will not result in the degradation of groundwater quality.
(12) Any floor drainage system which discharges to the ground without a DEP permit or
authorization
C. Prohibited uses within Zones I and Zones II of the Ground Water Protection District.
The following uses, which may be allowed in other areas of the Town of Brewster are prohibited in
Zones I and II of the Ground Water Protection District. Notwithstanding language to contrary found
within Section 179-52 of the Zoning Bylaw, no variance for a use or activity not otherwise permitted
shall be granted by the Board of Appeals within Zones I or Zones II of the Ground Water Protection
District.
(1) Storage of liquid petroleum and/or liquid hazardous products (as defined in M.G.L. c. 21E),
except the following: normal household use, outdoor maintenance and heating of a structure; fuel
storage facilities as licensed by the Town; waste oil retention facilities required by statute, rule or
regulation; emergency generators required by statute, rule or regulation.
(2) Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those
listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including
liquefied petroleum gas.
(3) Treatment works that are subject to 314 CMR 5.00 (not Title 5 septic systems), including
privately owned sewage treatment facilities, except for the following:
(a) The replacement or repair of an existing treatment works that will not result in a system
capacity greater than the system capacity of the existing treatment work;
(b) The replacement of existing subsurface sewage disposal system(s) with wastewater
treatment works that will not result in a system capacity greater than the system capacity of
the existing system(s);
(c) Treatment works approved by DEP designed for the treatment of contaminated
groundwater; and
(d) Sewage treatment facilities in those areas with existing water quality problems when it has
been demonstrated to DEP and the Planning Board’s satisfaction that these problems are
attributable to current septic problems and that there will be a net improvement in water
quality.
(4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a
Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for
snow and ice removal.
(5) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material
within ten (10) vertical feet of historical high groundwater table elevation, as determined from
monitoring wells and historical water table fluctuation data compiled by the United States
Geological Survey.
(6) Industrial and commercial uses which discharge process wastewater on site.
(7) Facilities or works for the treatment or disposal of non-sanitary wastewater that are subject to
314 CMR 5.00, or that discharge to the ground nonsanitary wastewater, including industrial and
commercial process waste water, except the following:
(a) the replacement or repair of an existing system/treatment works that will not result in a
design capacity greater than the design capacity of the existing system/treatment works;
(b) treatment works approved by the Department of Environmental Protection designed for
the treatment of contaminated ground water and operating in compliance with 314 CMR
5.05(3) or 5.05(13); and
(c) publicly owned treatment works.
(8) Storage of commercial fertilizers, as defined herein and in G.L c. 128, § 64.
(9) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat
storage or repair. For the purposes of this Chapter, “commercial” is defined as any activity
involving the sale of goods or services carried out with the intent of earning a profit.
(10) Dry cleaning establishments.
D. Uses/Structures Allowed by Special Permit –
(1) Unless otherwise exempted or prohibited elsewhere by this Article and as otherwise permitted in
the underlying zoning district, the following uses and activities shall require a Special Permit
from the Planning Board. Where the use or activity requires a special permit from another
special permit granting authority, the provisions of this Article shall nevertheless apply, although
the Planning Board and the other special permit granting authority may hold a combined public
hearing pursuant to G.L. c.40A, s.9 in lieu of separate public hearings:
(a) [Deleted]
(b) the application for the construction of 10 or more dwelling units, whether on one or more
contiguous lots, tracts, or parcels, or whether contained within one or more structures;
(c) the application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000
square feet gross floor area;
(2) Provided that the following uses and/or structures are permitted by the underlying zoning district
and other relevant regulations, a special permit may be issued by the Planning Board for the
following uses and/or structures, provided that the Planning Board may impose conditions upon
the use or structure, consistent with the authority provided in G.L. c.40A, s.9, such that the use or
structure will not, in the Planning Board’s sole judgment, be inconsistent with the purpose and
intent of this Bylaw. Notwithstanding the powers hereby conveyed by this Article and G.L .c.40A,
s.9 to the Planning Board and in recognition of the expertise found within the members of the
Water Quality Review Committee, the Planning Board shall, in accordance with the procedures
of G.L. c.40A, s.11, cause all applications for a special permit pursuant to this Article to be
submitted to the Water Quality Review Committee for the Committee’s comments and
recommendations as provided by G.L .c.40A, s.11. The Planning Board shall include in its
decision an explanation regarding any substantive deviation from the Committee’s
recommendation regarding the approval, denial or conditional approval of the special permit
application.
(a) [Deleted]
(b) The application of fertilizers for non-domestic or non-agricultural uses. Such applications
shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient
transport, deposition and sedimentation.
(c) The construction of dams or other water control devices, ponds, pools or other changes in
water bodies or courses, created for swimming, fishing or other recreational uses, or drainage
improvements.
(d) Any use that will render impervious more than fifteen percent (15%) or two thousand five
hundred (2,500) square feet of any lot, whichever is greater. A system for groundwater
recharge must be provided which does not degrade groundwater quality. For nonresidential
uses, recharge shall be by stormwater infiltration basins or similar systems covered with
natural vegetation, and dry wells shall be used only where other methods are infeasible. For
all nonresidential uses, all such basins and wells shall be preceded by oil, grease and sediment
traps to facilitate removal of contamination. Any and all recharge areas shall be permanently
maintained in full working order by the owner.
(e) Any use which involves on-site wastewater disposal facilities having over 10,000 gallons
per day capacity or disposal of process waste from operations other than personal hygiene
and food for residents, patrons and employees.
(f) Commercial boat and motor vehicle, storage, service or repair. For the purposes of this
Chapter, “commercial” is defined as any activity involving the sale of goods or services
carried out with the intent of earning a profit.
(g) Storage of home heating fuels in approved containers in amounts greater than 275 gallons
or in the aggregate, greater than 275 gallons.
(h) Treatment works that are subject to 314 CMR 5.00, including privately owned sewage
treatment facilities, and:
1. The replacement or repair of an existing treatment works that will
not result in a design capacity greater than the design capacity of the
existing treatment works.
2. The replacement of existing subsurface sewage disposal system(s)
with wastewater treatment works that will not result in a design
capacity greater than the design capacity of the existing system(s).
3. Treatment works approved by the Massachusetts Department of
Environmental Protection designed for the treatment of contaminated
groundwater.
4. Sewage treatment facilities in those areas with existing water
quality problems when it has been demonstrated to the Department
of Environmental Protection's and the Special Permit Granting
Authority's satisfaction both that these problems are attributable to
current septic problems and that there will be a net improvement in
water quality.
179-57 Performance Standards.
To preserve the natural land surface providing high-quality recharge to the groundwater, to limit sewage
flow and fertilizer application to amounts which will be adequately diluted by natural recharge and to
prevent the discharge or leakage of toxic or hazardous substances into the surface and groundwater
resources, all new, altered or expanded uses within Zone I, Zone II and/or the DCPC area shall meet the
following performance standards, in addition to those requirements imposed by this Article or the Planning
Board: [Amended 5/4/2009]:
A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area shall exceed a 5 parts
per million (ppm) nitrogen loading standard based on the methodology contained in the Cape Cod
Commission's Nitrogen Loading Technical Bulletin 91-001.
The concentration of nitrate nitrogen resulting from domestic wastewater disposal and from fertilizer
application, when diluted by rainwater recharge on the lot, shall not exceed five parts per million (5
ppm).
(1) Compliance with this standard is presumed under the following conditions:
For the purposes of calculating nitrogen generation, the following standards shall be used:
(a) nitrogen from dwelling units that use septic systems assuming (three persons per dwelling): 35
mg/l;
(b) nitrogen from lawn fertilizers: three pounds per 1,000 square feet (25 % leached);
(c) nitrogen in background precipitation: 0.05 mg/l;
(d) runoff from roads and ways: 1.50 mg/l;
(e) runoff from roofs: 0.75 mg/l
B. All toxic or hazardous materials shall be stored in product-tight containers, protected from corrosion,
accidental damage or vandalism and shall be used and handled in such a way as to prevent spillage
with provisions for spill containment and cleanup procedures. In addition, commercial enterprises
shall be required to maintain a product inventory and reconcile said inventory with purchase, use,
sales and disposal records at sufficient intervals to detect product loss. Subsurface fuel and chemical
storage facilities in compliance with local regulations and Massachusetts fire prevention regulations
shall be deemed to be in compliance with this standard.
C. No toxic or hazardous materials shall be present in waste disposed on the site. Waste composed in
part or entirely of toxic or hazardous materials shall be retained in product-tight containers for
removal and disposal by a licensed scavenger service or as directed by the Board of Health.
D. Contaminant levels in groundwater resulting from disposal of any substance from operations, other
than personal hygiene and food for residents, patrons and employees or from wastewater treatment
and disposal systems greater than 10,000 gallons per day capacity, shall not exceed those levels
specified in the Drinking Water Regulations of Massachusetts, 310 CMR 22.00, after allowing for
dilution by natural recharge on the premises. If higher, background levels of individual constituents
in the groundwater shall not be exceeded.
E. All runoff from impervious surfaces shall be recharged on the site and diverted tow ards areas
covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only
where other methods are infeasible and shall be preceded by oil, grease and sediment traps to
facilitate removal of contaminated solids. In the vicinity of chemical or fuel delivery points, provision
shall be made for spill control.
F. The Planning Board shall ensure that land uses, structures and related developments conform to the
following performance standards for storm water management.
(1) No development shall result in a direct discharge of untreated stormwater, either on or offsite.
(2) Post development discharge rates shall not be greater than predevelopment discharge rates.
(3) New development shall maximize recharge to groundwater.
(4) New development shall be required to remove, onsite, no less than 80% of the annual total
suspended solids generated from development runoff.
(5) Best management practices shall be maintained for appropriate periods of time.
G. Sand and gravel removal operations shall be limited to a plane that is at least ten (10) feet above the
historical high groundwater level for that location. Land area exposed at any one time shall be limited
to no more than five (5) contiguous acres in surface area and land disturbed by sand and gravel
removal operations shall be returned to a natural vegetative state within one year of completion of
operations.
H. Monitoring of Regulated Substances in Groundwater Monitoring Wells. If required by the Planning
Board, groundwater monitoring well(s) shall be provided at the expense of the applicant in a manner,
number, and location approved by the Planning Board. Except for existing wells found by the
Planning Board to be adequate for this provision, the required well(s) shall be installed by a water
well contractor. Samples shall be analyzed and analytical reports that describe the quantity of any
hazardous material or waste present in each monitoring well shall be prepared by a Massachusetts
certified laboratory.
§ 179-58. Prohibited Uses within the Pleasant Bay Watershed.
[RESERVED]
§ 179-58.1. Uses/Structures Allowed by Special Permit within the Pleasant Bay Watershed.
[RESERVED]
§ 179-58.2. Performance Standards within the Pleasant Bay Watershed.
[RESERVED]
§ 179-59. Prohibited Uses within the Watersheds of Surface Water Bodies Other than Pleasant Bay.
[RESERVED]
§ 179-59.1 Uses/Structures Allowed by Special Permit within Watersheds of Surface Water Bodies Other
than Pleasant Bay.
[RESERVED]
179-59.2. Performance Standards within the Watersheds of Surface Water Bodies Other than Pleasant Bay.
[RESERVED]
§ 179-60. [Reserved]
§ 179-61. Water quality review.
A. Water Quality Review Committee. There is hereby established a Water Quality Review
Committee (WQRC), comprising one representative each appointed from time to time by and
from the Board of Selectmen, Board of Health, Planning Board, Conservation Commission,
Water Commission, Health Director and Building Commissioner.
B. Certificate of water quality compliance.
(1) A certificate of water quality compliance shall be obtained by the owner of the premises
from the WQRC or, for special permit uses, from the SPGA:
(a) For erection of any new principal structure other than a single -family dwelling or
for change in occupancy requiring a certificate of use and occupancy under the
State Building Code.
(b) For occupancy of any premises not requiring a Certificate of use and occupancy but
involving the storage, handling or transportation of toxic or hazardous wastes.
(2) No building permit or certificate of use and occupancy shall be issued by the Building
Commissioner unless a certificate of water quality compliance, if required, has been
applied for or obtained.
C. Requirements. A certificate of water quality compliance shall be granted only as follows:
(1) For new construction or additions or new activities not involving structures, only if in full
compliance with all requirements of § 179-60, Performance standards.
(2) For change in occupancy or operation on previously developed premises, only if the
requirements of § 179-60B, C and D are met, and the requirements of all other
subsections of § 179-58 are either met or, if previously exceeded, there will be no further
increase in noncompliance.
D. Submittals. In applying for a certificate of water quality compliance or a special permit, seven
sets of application materials shall be submitted to the Building Commissioner, who shall
forward one set to each member of the WQRC. In the case of uses re quiring a special permit
under § 179-58B, one set shall also be submitted to the SPGA along with any other application
materials. All information necessary to demonstrate compliance must be submitted, including
but not limited to the following:
(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, accompanied by a description of measures to protect from
vandalism, corrosion and leakage and to provide for control of spills.
(2) A description of potentially toxic or hazardous materials to be generated, indicating
storage and disposal method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of
any industrial waste treatment or disposal system or any wastewater treatment system
over 15,000 gallons per day capacity, accompanied by analysis by a professional engineer
in sanitary or civil engineering registered in the Commonwealth of Massachusetts
certifying compliance with § 179-60D.
E. Action. For uses not requiring a special permit under § 179 -58B, the WQRC shall act within
21 days of application, approving it by issuing a certificate of compliance if a majorit y
determine that the applicant has adequately demonstrated compliance with the requirements
of the Water Resource District, and rejecting the application otherwise. For uses requiring a
special permit under § 179-58B, the WQRC shall make recommendations to the SPGA within
35 days of receipt of the application, as provided in MGL C. 40A, § 11.
F. Certificate review.
(1) Each three years the WQRC shall review compliance with this Article and the certificate
of water quality compliance. Upon request, certificate holders shall submit the following:
(a) Description of any changes from the originally submitted materials.
(b) Certification that the waste disposal system has been inspected by a licensed septic
system installer or treatment plant operator w ithin the preceding 90 days and found
to be properly maintained and in proper operating condition.
(c) Results from analysis of leachate or wastewaters as may be required by the Board of
Health.
(2) Evidence of noncompliance shall be reported to the Building Commissioner for
enforcement action.
§ 179-62. Enforcement.
A. Inspection. These provisions shall be enforced by the Building Commissioner. The Building
Commissioner or agent of the Board of Health may enter upon the premises at any reas onable
time to inspect for compliance with the provisions of this Article. Evidence of compliance with
approved waste disposal plans may be required by the enforcing officers. All records
pertaining to waste disposal and removal shall be retained.
B. Violations. Written notice of any violations shall be provided to the holder of the certificate of
water quality compliance, specifying a time for compliance, including cleanup of any spilled
materials which is reasonable in relation to the public health hazard involved and the difficulty
of compliance, but in no event shall more than 30 days be allowed for either compliance or
finalization of a plan for longer term compliance, approved by the WQRC.