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174-13.4. Water Resource Protection. |
A.
Design and operations guidelines. To reduce risks of water
contamination, the following design and operations guidelines
shall be observed wherever germane in all new nonresidential
construction.
(1) Safeguards. Provisions shall be made to protect against
hazardous materials discharge or loss through corrosion,
accidental damage, spillage or vandalism through such
measures as provision for spill control in the vicinity
of chemical or fuel delivery points, secure storage areas
for hazardous materials and indoor storage provisions
for corrodible or dissolvable materials.
(2)
Disposal. Provisions shall be made to assure that any
waste disposed on the site shall contain no hazardous
materials in concentrations substantially greater than
associated with normal household use.
(3) Drainage. Floor or lavatory drainage shall be directed
to an impervious retention facility for controlled removal.
Provision shall be made for on-site recharge of all stormwater
runoff from impervious surfaces unless, following consultation
with the Conservation Commission, the Building Inspector
determines that either recharge is infeasible because
of site conditions or is undesirable because of uncontrollable
risks to water quality from such recharge. Recharge shall
be by surface infiltration through vegetative surfaces
unless otherwise approved by the Building Inspector following
consultation with the Conservation Commission. Dry wells
shall be used only where other methods are infeasible
and shall employ oil, grease and sediment traps. Drainage
from loading and unloading areas for hazardous materials
shall be separately collected for safe disposal.
B.
Uses requiring special permits.
(1) The following shall be allowed only if granted a special
permit from the special permit granting authority:
(a) Waste generation requiring the obtaining of an Environmental
Protection Agency identification number, except for small
quantity generators, as defined under DEQE regulations,
310 CMR 30.351.
(b) On-site sewage disposal having an estimated sewage
flow greater than fifteen thousand (15,000) gallons per
day, regardless of location, or greater than one thousand
five hundred (1,500) gallons per day if within five hundred
(500) feet of any surface water body.
(c) Rendering impervious more than seventy-five percent
(75%) of lot area.
(d) Except for single-family dwellings, on-site sewage
disposal systems having an estimated sewage flow exceeding
one hundred twenty (120) gallons per day per ten thousand
(10,000) square feet of lot area.
(e) Discharge to surface water requiring a permit under
314 CMR 3.00 (NPDES permit).
(2)
Change in activity resulting in crossing any of the thresholds
of B(1)(a) through (d) shall constitute a change of use
requiring a special permit.
C. Special permit process.
(1) Authority and procedure. The special permit granting
authority (SPGA) shall be the Board of Appeals. Upon receipt
of the special permit application, the SPGA shall transmit
one (1) copy each to the Planning Board, the Conservation
Commission, the Board of Health and the Building Inspector
for their written recommendations. Failure to respond
within thirty-five (35) days of transmittal shall indicate
approval by said agencies.
(2) Submittals. In applying for a special permit under
this section, the information listed below shall be submitted
unless the Board of Appeals, prior to formal application,
determines that certain of these items are not germane:
(a)
A complete list of all chemicals, pesticides, fuels or
other potentially hazardous materials to be used or stored
on the premises in quantities greater than associated
with normal household use, accompanied by a description
of the measures proposed to protect all storage containers
or facilities from vandalism, corrosion and leakage and
to provide for control
of spills.
(b) A description of potentially hazardous wastes to be
generated, including storage and disposal methods as in
Subsection C(2)(a) above.
(c) For aboveground storage of hazardous materials or
wastes, evidence of qualified professional supervision
of design and installation of such storage facilities
or containers.
(d) For disposal on-site of domestic wastewater with an
estimated sewage flow greater than fifteen thousand (15,000)
gallons per day, evidence of qualified professional supervision
of design and installation, including an assessment of
nitrate, phosphate and coliform bacteria impact on groundwater
quality.
(3)
Special permit criteria. Special permits under this section
shall be granted only if the SPGA determines that there
is adequate assurance that there will be no violation
of the Massachusetts Surface Water Quality Standards (314
CMR 4.00) and that groundwater quality resulting from
on-site waste disposal, other operations on-site and natural
recharge will not fall below federal or state standards
for drinking water when averaged over the boundaries of
the site or, if existing groundwater quality is already
below those standards, on-site disposal or operations
will result in no further deterioration and only if the
SPGA determines that proposed control and response measures
adequately and reliably mitigate risk to groundwater quality
resulting from accident or system failure. In its decision,
the SPGA shall explain any departures from the recommendations
of other town agencies in its decision.
(4) Conditions. Special permits shall be granted only
subject to such conditions as are necessary to assure
adequate safeguarding of water quality, which may include
the following, among others:
(a) Monitoring wells to be located downgradient of potential
pollution sources, with periodic sampling to be provided
to the Board of Health at the owner's expense.
(b)
Pollutant source reduction, including limitations on use
of parking area deicing materials and periodic cleaning
or renovation of pollution control devices, such as catch
basin sumps. |