[Amended 5-15-2013]
A.
The purpose of this bylaw is to:
(1)
Promote the health, safety and general welfare of the community by ensuring adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town of Templeton.
(2)
Preserve and protect existing and potential sources of drinking water supplies.
(3)
Conserve the natural resources of the community.
(4)
Prevent temporary and permanent contamination of the environment.
B.
Authority. The Water Supply Protection Overlay Districts are adopted pursuant to the authority provided by MGL c. 40A, and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
C. AQUIFER AUTOMOBILE GRAVEYARDS AND JUNKYARDS COMMERCIAL FERTILIZERS DEICING CHEMICALS EARTH REMOVAL HAZARDOUS MATERIAL IMPERVIOUS SURFACE LANDFILLS AND OPEN DUMPS RECHARGE AREAS SANITARY WASTEWATER SOIL CONDITIONER STORAGE OR LANDFILLING OF SLUDGE AND SEPTAGE SURFACE WATER SURFACE WATER SOURCE WASTEWATER TREATMENT WORKS WATER SUPPLY PROTECTION DISTRICT I (W.S.P.D. I) WATER SUPPLY PROTECTION DISTRICT II (W.S.P.D. II)(1) (2) WATER SUPPLY PROTECTION DISTRICT III (W.S.P.D. III)
Definitions. For the purposes of this section, the following words and phrases shall be defined as follows (References to statutes and regulations shall be deemed a reference to such statute or regulation as of the effective date of this bylaw.):
Geological formation composed of rock, sand, gravel that contains significant amounts of potentially recoverable water.
An establishment or place of business which is used, maintained or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles and/or parts as defined in MGL c. 140B, § 1.
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 to have value in promoting plant growth, except for nonmanipulated animal and/or vegetable manures, marl, lime, limestone, wood ash and gypsum as defined in MGL c. 128, § 64.
Sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
The removal of geologic materials such as topsoil, sand, gravel, metallic ores or bedrock.
Any substance or mixture of physical, chemical or infectious characteristics posing a significant actual or potential hazard to water supplies or other hazards to human health if such a substance or mixture were discharged to land or water. Hazardous materials include without limitation synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious waste, acids, alkalis and any and all other substances defined as toxic or hazardous under MGL c. 21C and MGL c. 21E and 310 CMR 30.00, including solvents and thinners in quantities considered to be greater than that of normal household use.
Material or structure on, above or below the ground that does not allow precipitation to penetrate directly into the soil.
Facilities or parts of facilities for solid waste disposal (excluding transfer facilities) established in accordance with the provisions of 310 CMR 19.006.
Areas that collect precipitation or surface water and carry it to aquifers.
Any water-carried putrescible waste resulting from the discharge of water closets, laundry tubs, clothes-washing machines, sinks, showers, dish-washing machines or any other source.
Any manipulated substance or mixture of substances whose primary function is to modify the physical structure of soils so as to favorably influence plant growth, except nonmanipulated animal and vegetable manures, marl, lime, limestone, wood ash and gypsum as defined in MGL c. 128, § 64.
Using land to store sludge or septage as defined in 310 CMR 32.00.
All water that is open to the atmosphere and subject to run-off.
Any lake, pond, reservoir, river, stream or impoundment designated as public water supply in the Massachusetts Water Quality Standards, 314 CMR 4.00.
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 treatment, storage or disposal, all as defined and regulated by 314 CMR 5.00.
The protective radius required around a public water supply or well or well field as set forth in the 310 CMR 22.02 definition of "Zone I."
W.S.P.D. II is bound by the most extensive of the following parameters:
That area of the aquifer that contributes water to a public water supply well or well field under the most severe pumping and recharge conditions that can realistically be anticipated as set forth in the 310 CMR 22.02 definition of "Zone II."
Interim wellhead protection areas as established in the Town and defined by 310 CMR 22.02 and the surrounding high- and medium-yield aquifers within the Town of Templeton having transmissivity of 1,350-4,000 ft.2/D (potential well yield 1-300 gpm). Further, all Surface Water Protection Districts as set forth on the Town of Templeton Water Supply Protection District(s) Map as more fully set forth below shall be included in the W.S.P.D. II.
That area of land beyond the area of W.S.P.D. II from which surface water and groundwater drain into Zone II as defined in 310 CMR 22.02.
D.
Establishment of districts.
(1)
The Water Supply Protection Overlay Districts are herein established as overlay districts and shall include all lands within the Town of Templeton as located within a 2,640-foot radius of the primary and secondary recharge areas of groundwater wells and watershed areas of reservoirs which provide public water supply. This district is shown on a plan entitled "Water Supply Protection District Plan for the Town of Templeton" prepared by Szoc Surveyors and is on file with the Town of Templeton Town offices and the Templeton Municipal Water Plant office. This plan shall be considered a Zoning Map for purposes of establishing the district under this section.
(2)
If the location of the district boundary of the Water Supply Protection District in relation to a particular parcel of land is in doubt, then the burden of proof shall be upon the owner(s) of said parcel of land to show where the boundaries should be located properly.
E.
The following land uses are prohibited in the Water Supply Protection District:
(1)
Landfills and open dumps as defined in 310 CMR 19.006.
(2)
Landfilling and storage of sludge and septage as defined in 310 CMR 32.05.
(3)
Automobile graveyards and junkyards as defined in MGL c. 140B, § 1.
(4)
Stockpiling and disposal of snow or ice containing deicing chemicals if brought in from outside of the wellhead protection area.
(5)
Manufacture, use, storage, transport or disposal of hazardous materials as a principal activity as defined in MGL c. 31E unless in a freestanding container within a building or above ground with secondary containment large enough to hold the entire contents of the container.
(6)
Facilities that generate, treat, store or dispose of hazardous materials and/or waste subject to MGL c. 21C and 310 CMR 30.00, except for the following:
(a)
Very small quantity generators as defined in 310 CMR 30.00.
(b)
Household hazardous waste centers and events as defined in 310 CMR 30.390.
(c)
Waste oil retention facilities as required under MGL c. 21, § 52A.
(d)
Water remediation treatment works approved by the Department of Environmental Protection for the treatment of contaminated groundwater or surface waters; V. 9, 10 petroleum, fuel oil and heating oil bulk stations and terminals, including but not limited to those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC codes are established by the United States Office of Management and Budget and may be determined by referring to the publication "Standard Industrial Classification Manual" and other subsequent amendments.
(7)
Industrial and commercial uses which discharge process wastewater on site.
(8)
Discharge to the ground of nonsanitary wastewater, including industrial and commercial process wastewater, except:
(a)
The replacement or repair of an existing treatment works that will not result in a design capacity greater than that of the existing treatment works.
(b)
Treatment works approved by the Department designed for the treatment of contaminated groundwater or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13).
(c)
Publicly owned treatment works.
(9)
Storage of deicing chemicals, animal manures, commercial fertilizers and soil conditioners as defined in MGL c. 128, § 64, unless such storage is within a structure that prevents the generation and escape of contaminated run-off or leachate.
(10)
Land uses that result in impervious surfaces covering greater than 15% or 25,000 feet of any lot or parcel, whichever is greater, unless a system of artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
F.
Any nonconforming uses hereunder not used continuously for a period of one year shall be considered abandoned and any reuse must conform to the provisions of this bylaw.
G.
The provisions of this article shall be enforced by the Building Inspector, who may obtain the advice of the Templeton Board of Health. Whoever violates any of the provisions of this article shall accrue a separate offense for each day that the violation exists.
H.
Variances. There shall be no variances within the Water Supply Protection District granted through the Templeton Zoning Board of Appeals without a written advisory report from the Templeton Board of Health.