4.09 Water Resource Protection

1. Purpose
   (a) To protect the ground and surface water resources in Devens and abutting communities in order to ensure future supplies and use;

   (b) To promote statewide goals for surface water quality in the Nashua River Basin; and

   (c) To prevent the temporary or permanent contamination of soils, surface water, and ground water on Devens.

2. Map: The Zone II areas within Devens on shown on a map entitled Wells & Zone Iis in and around Devens MA prepared by MA DEP dated 15 May 2001 and identified as 974 CMR 4.09 Figure 1.

3. Redefinition/redelineation of district boundaries
   (a) Water Resource Protection districts are shown on the map referenced above.

   (b) If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through the Commission. The burden of proof shall be upon the owner(s) of the land to show in which Water Resource Protection district the land should be located. The owner(s) shall submit documentation certified by a professional engineer, hydrologist, geologist, or soil scientist (as appropriate) to determine more accurately the boundaries of the district with respect to individual parcels of land. This analysis shall include testing as needed to clearly show the correct classification of the land in question.

4. Petroleum and oil products; Devens Spill Prevention Control and Countermeasure (DSPCC) dated February 27, 2001.

5. Control of hazardous waste and materials, as said terms are defined by 42 U.S.C. sections 690l-6922i, G.L. c. 21 C, G.L. c. 21 E, and 310 CMR 40.00 ("Hazardous Waste and Materials"):
   (a) Definitions see 310 CMR 40.00

   (b) Applicability

   1. This regulation applies to hazardous material which is defined as a product, waste or combination of substances which because of its quantity, concentration, or physical, chemical, toxic, radioactive or infectious characteristics may reasonably pose a significant, actual, or potential hazard to human health, safety, welfare, or the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed. Hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious materials, and all substances defined as "toxic" or "hazardous" under Massachusetts General Laws (MGL) Chapters 21C and 21E using the Massachusetts Oil and Hazardous Material List (in 310 CMR 40.0000).

   2. Other than that which is allowed by state, or federal laws, regulations, and/or permits, the discharge of hazardous materials within the limits of Devens' Priority Protection Area (defined as any area designated as a Zone II for a public drinking water supply well) is prohibited. This prohibition includes, but is not limited to, discharges of hazardous materials to: exposed and unsaturated soils; wetlands; surface water resources; ground water; sanitary sewers; storm drains; floor drains and sinks which discharge to the environment; and septic systems.

   3. The sale and/or use of septic system additives or cleaners not specifically allowed by the Department (310 CMR 15.027 & 15.028) is prohibited.

   4. The installation of new underground storage containers for hazardous materials other than for chemicals used in the treatment of a public drinking water source is prohibited in Devens' Priority Protection Area.

   (c) Restrictions

   The following restrictions apply to all storage and labeling of hazardous materials within the limits of Devens' Priority Protection Areas:

   1. Aboveground Storage of hazardous materials must be in product-tight containers, in an orderly manner, with wastes stored separately from unused materials, and on an impervious surface.
      a. Outdoor storage must be designed to contain spills of not less than 110% of the volume stored and prevent any flow of product to exposed soils or outside drains, and must be protected from the elements, accidental damage, and vandalism.

      b. Indoor storage must be designed (via a berm or other means of secondary containment) to prevent any flow of product to exposed soils, floor drains, or outside drains.

   2. Underground Storage Tanks:
      a. Existing and future underground storage tanks (USTs) for hazardous materials must be registered with the Devens Fire Department consistent with the requirements of 310 CMR 40.

      b. Any underground heating oil storage tank which does not meet current standards (as defined in the Fire Code, January 1997) for new and replacement tanks and is fifteen (15) years or older and is located within priority protection areas shall be removed and replaced or upgraded, to meet current standards, within five (5) years of the effective date of this bylaw/regulation, or sooner if specifically directed by the Devens Fire Department.

   3. Labeling
   a. Hazardous material storage areas must be clearly delineated, and signs must be posted noting the dedicated nature of the area.

   b. Containers of all non-waste hazardous materials must be labeled with the name of the product or chemical, a listing of the physical and health hazards associated with it, and target organ effects from exposure.

   c. Containers of hazardous wastes must be labeled as a "Hazardous Waste," with the name of the waste (e.g., "Waste Oil"), Hazardous Waste Generator ID#, and the date the container began accumulating waste also being noted on the container.

6. Registration
   (a) In order that the DEC, the abutters and public safety officials may know of the existence and locations where hazardous materials are stored, every owner or operator of a commercial or industrial establishment (including municipal, state and federal operations) which uses hazardous materials totaling fifty gallons liquid volume or twenty-five pounds dry weight or more in a calendar year and which is located within the limits of Devens' Priority Protection Areas must register with the Devens Fire Department on or before March 1, 2002 and every three years thereafter. A registration fee shall be paid to the Devens Fire Department at the time of registration and renewal.

   (b) Registration Requirements shall be established by the Devens Fire Department in accord with 310 CMR 40.00.

   (c) Updating of Registration

   i. If, during or after the registration period, a change in ownership and/or occupancy of a business occurs, an updated registration must be submitted to the Devens Fire Department within thirty days. Registration is not transferable between past and future owners of a business and/or occupants of a premise.

   ii. If any of the following activities occur during or after the registration period, the corresponding information in the business' registration package shall be highlighted and corrected at the time of registration renewal:

   a. remodeling, operating changes, or expansion of an existing facility which would modify the type or quantity of hazardous materials managed;

   b. changes in the location or method of use, storage, manufacture or handling of hazardous materials in any facility; and/or

   c. addition of new hazardous materials meeting the threshold quantity listed above which are not anticipated in the registration.

   d. Facility Closure

   In the event that a facility permanently ceases operations during the subject registration period, the owner or operator of the facility shall notify the Devens Fire Department of said closure at least 30 days before the closure.

7. Exclusions:

   The following materials, activities, and facilities are not within the scope of authority of this regulation:

   (a) Household waste including garbage, trash, and domestic sanitary sewage.

   (b) Wastes generated from the growing of agricultural crops and the raising of animals, including manure which is returned to the soil as fertilizer.

   (c) The labeling of hazardous materials which are or will be exposed for sale at retail establishments.

   (d) Treatment, Storage, and Disposal Facilities as defined by 310 CMR 30.000.

   (e) Large Quantity Generators of hazardous wastes as defined by 310 CMR 30.000.

   (f) Facilities that file Tier II reports as defined by SARA Title III.

8. Emergencies
   (a) Notification: In case of a spill and/or loss of hazardous material at or above the "reportable quantity," the owner/operator must immediately report the spill or loss to the fire department. Notification to the DEC and the Devens Fire Department shall occur within 24 hours of the spill. Notification to DEP's Emergency Response Section shall be in accordance with 310 CMR 40.0000.

   (b) Planning:
   The following precautions shall be taken by all facilities subject to the registration requirements set forth above:

   i. The map and written information specified by the Devens Fire Department must be posted at one or more on-site locations. The posting location(s) must be specified during registration.

   ii. Materials Safety Data Sheets (MSDS) must be kept on file at all times at an on-site location, and must be readily available during routine inspections and in the event of an emergency.

   iii. Facilities shall provide adequate and reasonable employee training programs to ensure the proper use, storage, transportation and handling of hazardous materials.

   iv. Facilities shall provide emergency spill containment kits on site and in accessible areas, and all employees shall be trained in their use.

9. Storage of fuel, combustible and flammable liquids, as defined by 42 U.S.C. section 6901-6922i, G.L. c. 148, and 527 CMR 9.00: (reserved)

10. Storage, transportation and handling of radioactive materials and medical/research wastes in accordance with 42 U.S.C. sections 2011-2296, G.L. c. 111 H and c. 94 B, and 105 CMR 120.00: (reserved)

11. Floor drains in accordance with applicable state (310 CMR 27.00 underground injection control regulation) and federal laws and regulations: (reserved)

12. Use of pesticides and herbicides in accordance with G.L. c. 128 section 64, 330 CMR 15.00, and applicable federal laws and regulations: (reserved)

13. Penalties
    Failure to comply with provisions of this regulation by June 1, 2002 will result in the levy of fines of not less than $200.00, nor more than $1000.00. Each day's failure to comply with the provisions of this regulation shall constitute a separate violation.

    REGULATORY AUTHORITY

    974 CMR 4.00: St. 1993, c. 498.