SECTION 402.25 WELLHEAD PROTECTION DISTRICTS “WH1” & “WH2” : February 16, 2007
A. Purpose :
The intent of the Wellhead Protection Zoning Districts is to protect the ground water resources of the Gray Water District from harmful contaminants that can reasonably be expected to accompany certain uses of land. Wellhead Protection District 1 is the smaller and the more restrictive Wellhead Protection District with its dimensions based upon an estimated 200 day water travel time. Wellhead Protection District 2 is the larger and the less restrictive Wellhead Protection District with its dimensions based upon the location of the wellhead capture zone and estimated water travel times greater than 200 days.
B. Permitted Uses WH1 : *
1. Accessory Uses and Structures less than two-thousand (2000) square feet in area
2. Essential Operations Of Water District
3. Garage Sales
4. Mineral Exploration
5. Replacement Of Subsurface Wastewater Systems
6. Single-Family Dwellings
7. Timber Harvesting in accordance with Best Management Practices
* Some permitted uses may require Planning Board approval for Site Plan Review
in accordance with Section 402.19.A&B of the Zoning Ordinance and Hazardous Material review in accordance with Chapter 204 of the Hazardous Material Control Ordinance.
C. Allowed Uses Requiring Site Plan Review WH1 :
1. Expansion Of Nonconforming Uses
2. Home Occupations (1)
3. Public Utilities (Subject to the restrictions of Section G that follows.)
4. Stormwater Management
(1) Bed and Breakfast Establishments shall not be allowed.
D. Permitted Uses WH2 : *
1. Accessory Apartments
2. Accessory Uses and Structures
3. Day Care Facilities for five (5) or fewer clients
4. Essential Operations Of Water District
5. Farm Stands (Subject to the provisions of Article V, Section 402.28-7)
6. Garage Sales
7. Home Occupations (1)
8. Mineral Exploration
9. Redemption Centers
10. Replacement Of Subsurface Wastewater Systems
11. Single-Family Dwellings
12. Timber Harvesting in accordance with Best Management Practices
13. Two-Family Dwellings
(1) Bed and Breakfast Establishments shall not be allowed except
with Site Plan Review.
* Some permitted uses may require Planning Board approval for Site Plan
Review in accordance with Section 402.19.A&B of the Zoning Ordinance and Hazardous Material review in accordance with Chapter 204 of the Hazardous
Material Control Ordinance.
E. Allowed Uses Requiring Site Plan Review WH2 :
1. Animal Husbandry on parcels of four (4) or more acres in accordance
with Best Management Practices and State of Maine regulations.
2. Bed and Breakfast Establishments
3. Churches
4. Cluster Housing
5. Commercial Recreation -- Indoor And Outdoor
6. Construction Services
7. Day Care Facilities for six (6) or more clients
8. Drive Through And Drive In Facilities
9. Expansion of Non-conforming Uses
10. Fertilizer Application in accordance with Best Management Practices
11. General Agriculture in accordance with Best Management Practices
12. Headquarters For A Contracting Business
13. Light Manufacturing (Subject to the restrictions of Section G that follows.)
14. Municipal Uses (Subject to the restrictions of Section G that follows.)
15. New Or Expanded Subsurface Wastewater Systems
16. Offices
17. Public Utilities (Subject to the restrictions of Section G that follows.)
18. Repair Services
19. Retail Trade
20. Schools
21. Stormwater Management
F. Requirement for Existing Underground Tanks :
All existing underground tanks in the Wellhead Protection Districts, except residential septic tanks, shall be in full compliance with applicable Department of Environmental Protection regulations.
G. Prohibited Activities for both Wellhead Protection Districts :
(Not to imply that such activities are permitted elsewhere.)
Any uses or activities that are known to be or are likely to be detrimental to the quality of the ground water resources of these Wellhead Protection Districts are expressly prohibited. Uses or activities that are known to be or are likely to be detrimental include, but are not limited to, the following :
1. Disposal of solid wastes (except brush and stumps), leachable wastes
(except subsurface disposal of domestic sewage), and sludge.
2. Storage of leachable wastes or solid wastes.
3. Mining or Excavation in excess of ten (10) cubic yards other than excavation for
permitted uses or approved special exceptions.
4. Application of de-icing chemicals with a salt content of more than ten (10)
percent. Homeowners undertaking normal residential activities are exempt from this provision.
5. Large and medium Concentrated Animal Feed Operations (CAFOs) as defined
by the U.S. Enviornmental Protection Agency (EPA) under the Clean Water Act (CWA) as amended from time to time.
6. Manure application to land other than in accordance with an approved State of
Maine Nutrient Management Plan.
7. Application of sludge to land.
8. Storage of Petroleum or Gasoline in excess of one-hundred (100) gallons
except for such storage necessary for petroleum use on site as a fuel. In accordance with Maine law, installation of new or replacement underground storage tanks is prohibited in the Wellhead Protection Districts.
9. Vehicles transporting petroleum or gasoline, other than the vehicle propulsion
fuel, are not permitted to be stored in Wellhead Protection District 1. Vehicles transporting petroleum or gasoline in excess of one-hundred (100) gallons, other than the vehicle propulsion fuel, are not permitted to be stored in Wellhead Protection District 2. Vehicles transporting petroleum or gasoline in excess of one-hundred (100) gallons are permitted to routinely pass through the Wellhead Protection Districts and to make deliveries, but are not permitted to be stopped or parked for a time longer than that needed for making deliveries.
10. For any proposed use or activity, not specifically listed above, deemed by
either the Code Enforcement Officer or the Planning Board “likely to be detrimental” to the quality of the groundwater, the proponent of the proposed use or activity shall have the burden of proving to the Planning Board, after notice to the Gray Water District, that the use or activity will not be detrimental. The Planning Board shall seek comments on the same from the Gray Water District before making a determination.
H. Space Standards for WH1 and WH2 :
1. Minimum Lot Size : four (4) acres
2. Minimum Frontage : two-hundred (200) feet
3. Maximum Building Height : thirty-five (35) feet
4. Minimum Setback :
Front : fifty (50) feet
Side : twenty-five (25) feet
except fifteen (15) feet on one side only for
all nonconforming lots of record.
Rear : fifty (50) feet
5. Minimum land area per dwelling unit : four (4) acres
6. Maximum lot coverage with impervious surfaces :
Ten (10) percent; except that the Planning Board may authorize an increase in impervious cover to a maximum of thirty (30) percent of a lot provided that the criteria established in Section 402.23.F of this Ordinance are met.
7. Minimum setback from public water supply springs and wells :
four-hundred (400) feet in all directions
For the proposed location of any structure, an applicant shall furnish the Code Enforcement Officer with the following :
A plot plan showing the boundary lines of the lot.
A plot plan showing any sewage disposal area.
Reliable information relating to soils tests conducted in the sewage disposal area in accordance with any applicable State or local law, code, or regulation, and shall demonstrate that soil conditions are suitable for the absorption of waste materials from septic tanks. The results of the soils tests shall be submitted on the HHE 200 form or a Maine Department of Environmental Protection Permit, whichever is applicable.
I. Variances in Space Standards :
I.A Upon an applicant’s satisfaction of the miscellaneous appeal standards contained
in Section 402.32(B)(3) of this Zoning Ordinance, the Zoning Board of Appeals may :
I.A.1 Grant an allowance of up to a fifteen (15) percent reduction in
minimum lot size or minimum land area per dwelling unit in a conforming lot of four or more acres in the Wellhead Protection Districts, but otherwise no variance beyond this allowance.
I.A.2 Grant an allowance of up to a ten(10) percent reduction from the setback standards of Section H above, but otherwise no variance beyond this allowance.
I.B There shall be no variances granted to reduce the minimum lot size or minimum
land area per dwelling unit in undersized lots of less than four acres in the Wellhead Protection Districts.
SECTION 402.28-12 Commercial and agricultural chemical and petroleum products use, storage, and handling activities within the Wellhead Protection Districts.
A. The requirements of this Section apply only to users who may pose a threat
to the quality of the Water District’s water supply. Homeowners engaged in uses such as gardening, lawn care, and landscaping are exempt from the requirements of this Section for such uses that are not extraordinary in size or scope.
A.1 The principal chemicals of concern regarding groundwater contamination
include agricultural chemicals, petroleum products, various solvents, road salt, manure, and various waste products.
A.1.a Agricultural chemicals include nutrients, fertilizers, and various pesticides
(including fungicides, herbicides, and insecticides).
A.1.b Petroleum products include gasoline and jet fuels that have low viscosity
and soluble components such as MTBE and benzene as well as home heating oil.
A.1.c Harmful solvents include a variety of cleaners and degreasers such as
trichlorethylene (TCE), perchloroethylene (PCE), and methylene chloride.
A.1.d Harmful waste products include unused paints, paint scrapings or
sandings, spent solvents, and wash water.
A.2 Major potential sources of groundwater contamination include :
A.2.a Leakage of liquid chemicals, petroleum products, and solvents from
tanks or drums.
A.2.b Leaching of solid chemicals in bulk if exposed to precipitation.
A.2.c Spills during transport and delivery.
A.2.d Leaching of chemicals by water during fire fighting emergencies.
A.3 The lists of materials of the National Primary Drinking Water Standards,
National Secondary Drinking Water Standards, State Primary Drinking Water Standards, and State Secondary Drinking Water Standards, as amended from time to time, shall be utilized to identify chemicals subject to the provisions of this Ordinance.
B. Where Site Plan Review is required for commercial and agricultural chemical
and petroleum products use, storage, and handling activities at new or expanded facilities within the Wellhead Protection Districts, the following information, where applicable, shall be included in Site Plan Application submissions :
B.1 Type and volume of chemical compounds and petroleum products handled
and/or stored.
B.2 Intended uses of chemical compounds and petroleum products.
B.3 Site plan showing all storage, handling, and use areas for raw materials
and wastes.
B.4 For inside areas, plans to contain spills including the :
B.4.a Location of control dikes.
B.4.b Location of floor drains and floor drain outlets.
B.4.c Location of separators, holding tanks, and/or drain outlets.
B.4.d Location and design of piping systems for wash water discharge to
appropriate sewers or treatment systems.
B.5 For outside areas, plans to contain spills including :
B.5.a Information to demonstrate the prevention of the flow of natural runoff
from entering the storage area and keeping leaks or spills from flowing off site.
B.5.b Plans to control chemical, petroleum product, and solvent spills.
B.5.c Provisions to segregate underground systems to ensure that there
are no cross connections.
B.5.d Provisions to prevent accidental containment breach due to vehicle or
equipment collisions.
B.5.e A plan for emergency measures which can be implemented for
surface drainage systems.
B.6 A Spill Prevention Control and Countermeasures (SPCC) plan detailing :
B.6.a Materials and equipment to be available.
B.6.b A training plan and schedule of training.
B.6.c A list of contacts (EPA/DEP/local fire officials) with phone numbers.
B.6.d An inspection schedule.
B.6.e A Pre-Plan tailored to the chemicals and materials on site. The Pre-
Plan should address the procedures the fire department can utilize to minimize leaching of chemicals by water in order to limit groundwater contamination in case of a fire.
C. Where Site Plan Review is required for agricultural chemical and petroleum
products use, storage, and handling activities at new or expanded facilities within the Wellhead Protection Districts, the following additional information, where applicable, shall be included in Site Plan Application submissions :
C.1 An Integrated Pest Management Plan in accordance with guidance from the
Maine Board of Pesticide Control.
C.2 An on-site soils evaluation to assess nutrient holding capacity and
permeability of the soils.
C.3 Plans for control of surface water run-off and erosion in areas where
chemicals will be applied.
D. Performance Standards for commercial and agricultural chemical and petroleum
products use, storage, and handling, where applicable :
D.1 All chemical and petroleum products shall be stored under cover and on an
impervious surface, without floor drains.
D.2 Secondary containment of liquids shall be provided to contain at least 110%
of the stored product.
D.3 Tanks for liquid chemical and petroleum products storage shall be equipped
with automatic shut-off valves and high level alarms.
D.4 Above-ground piping shall be designed to prevent line breakage due to collision.
D.5 Containers and piping shall be constructed of corrosion resistant materials.
D.6 Containers shall be clearly labeled with the contents name and date of purchase.
D.7 When a Spill Prevention Control and Countermeasures (SPCC) plan is required
by the Maine DEP, a copy shall be provided to the Code Enforcement Officer, the Gray Fire Department, and the Gray Water District with a statement of procedures the fire department can utilize to minimize leaching of chemicals by water in order to limit groundwater contamination in case of a fire.
D.8 All agricultural restricted use pesticides and herbicides shall be in accordance
with current Maine Board of Pesticide Control rules and regulations, as amended from time to time, for application, storage, and disposal.
E. Additional performance Standards for agricultural chemical and petroleum
products use, storage and handling, where applicable :
E.1 The use of chemicals and petroleum products or residuals shall not cause
or contribute to the cumulative, calculated, or actual levels of any contaminants in the groundwater within the Wellhead Protection Districts for the Gray Water District Wells to exceed fifty (50) percent of the Maximum Contaminant Level (MCL) as published in the National and State Primary and Secondary Drinking Water Standards, as amended.
E.2 Only pesticides with low leachability applied by Maine licensed applicators
are allowed.
E.3 Provisions shall be made to control surface run-off and erosion in areas
where pesticides are being applied.
E.4 Pesticide logs and reports maintained as required by the Maine Board of
Pesticide Control shall be made available on request by the Code Enforcement Officer.
SECTION 402.28-13. Agricultural manure and fertilizer storage and application
A. The requirements of this Section apply only to users who may pose a threat
to the quality of the Water District’s water supply. Homeowners engaged in uses such as gardening, lawn care, and landscaping are exempt from the requirements of this Section for such uses that are not extraordinary in size or scope.
B. Where Site Plan Review is required for agricultural manure and fertilizer use,
storage, and handling activities at new or expanded facilities within the Wellhead Protection Districts, the following information, where applicable, shall be included in Site Plan Application submissions :
B.1 A nutrient management plan for agricultural activities within the Wellhead
Protection Districts.
B.2 Type and volume of manure and fertilizer handled and/or stored.
B.3 An on-site soils evaluation to assess nutrient holding capacity and
leachability of the soils.
B.4 Plans for control of surface water run-off and erosion in areas where manure
and fertilizer will be applied.
B.5 Site plan showing all storage, handling, and use areas for manure and fertilizer.
C. Performance Standards for agricultural manure and fertilizer storage and
application, where applicable :
C.1 Sludge shall not be applied to any land within the Wellhead Protection
Districts
C.2 All agricultural fertilizers shall be applied in accordance with label directions
and shall be applied in accordance with an approved Nutrient Management Plan.
C.3 Fertilizer applications shall be tailored to the specific needs of the crop, as
determined by soil suitability analyses.
C.4 Use of slow-release fertilizer is preferred.
C.5 Irrigation schedules shall be coordinated with nutrient application to minimize
leaching potential.
C.6 Manure may be used within the Wellhead Protection Districts in
accordance with a nutrient management plan.
C.7 Applications of approved residuals, not including sludge, and manures shall
be tailored to the specific needs of the crop, as determined by a soil suitability analyses.
C.8 Residuals and manures shall not be applied over very shallow soils of
less than one (1) foot or over exposed bedrock.
C.9 Residuals and manure shall not be applied on frozen ground or immediately
before storm events.
SECTION 402.28-14. Commercial Vehicle maintenance and storage
A. The following information, where applicable, shall be included in a Site Plan
Application submission for new commercial vehicle maintenance and storage activities within the Wellhead Protection Districts :
A.1 The number and types of commercial vehicles to be maintained or stored.
A.2 A site plan, drawn to scale, showing locations and designs of secondary
containment for fuel and storage and refueling pads.
B. Performance Standards for vehicular maintenance and storage :
B.1 Precautionary measures such as portable drip pans shall be taken to ensure
that no spills occur when draining oils or fluids from vehicles.
B.2 All fuel oil, waste oil, lubricants, antifreeze, or other potential contaminants
shall have secondary containment of at least one-hundred-ten (110) percent of the liquid volume stored.
B.3 Washing of vehicles in the Wellhead Protection Districts shall be in accordance
with Best Management Practices.
B.4 Refueling of commercial vehicles :
B.4.a A portable drip catch pan shall be in place beneath the fill tube
at all times during the refueling operation.
B.4.b Refueling shall be done on a concrete pad or other impermeable surface.
SECTION 402.28-15. Subsurface waste water disposal
Subsurface waste water disposal shall be in accordance with the following requirements within the Wellhead Protection Districts :
A. Where Site Plan Review is required for new or expanded subsurface waste
water disposal within the Wellhead Protection Districts, the following information, where applicable, shall be included in Site Plan Application submissions :
A.1 A Subsurface Wastewater Disposal Plan.
A.2 A soil evaluator’s report and septic system design.
A.3 A hydrogeologic analysis of nitrate concentrations at the property line for
systems using a tank greater than one-thousand (1,000) gallons,
A.4 Design plans for all floor drains, grease traps, and holding tanks.
B. Performance Standards
B.1 Nitrate and nitrite concentrations shall not exceed five (5) mg/L at the
property line for systems using a tank greater than one-thousand (1,000)
gallons.
B.2 Floor drains, grease traps, and holding tanks that are not connected to a
subsurface waste disposal system designed and installed in accordance with the Maine Subsurface Wastewater Disposal Rules of the Department of Human Services are prohibited.
B.3 The Code Enforcement Officer shall notify the Gray Water District in writing
of any new installation, expansion, or replacement of any waste water disposal system within the Wellhead Protection Districts.
SECTION 402.28-16. Stormwater Management
New construction and stormwater management activities shall be in accordance with the following requirements within the Wellhead Protection Districts :
A. Calculations and plans which provide following information, where applicable, shall
be included in Site Plan Application submissions for new construction and new stormwater management activities within the Wellhead Protection Districts :
A.1 Design of dry wells, storage, retention, or detention facilities and other
surface water Impoundments.
A.2 Stormwater system outlets.
A.3 Delineation of post development drainage areas.
A.4 Plans for snow removal, ice control, and use of road salt.
B. Performance Standards for Stormwater Management
Stormwater shall be directed to an appropriate vegetated buffer, detention, or treatment system.
SECTION 402.31 – ENFORCEMENT
H. Control of Existing Threats in the Wellhead Protection Districts
H.1 Inspection
H.1.a The Code Enforcement Officer shall have the right to inspect any
property or building located in a Wellhead Protection District at reasonable hours, with owner or occupant permission, as provided in 30-A MRSA section 4452, for the purpose of determining compliance with this Ordinance or any permit issued hereunder.
H.1.b The Code Enforcement Officer may be accompanied by a representative
of the Gray Water District, or its designee.
H.1.c In the event the landowner denies or prevents access for this purpose,
the Code Enforcement Officer shall be authorized to apply for an administrative inspection warrant pursuant to Rule 80E, Maine Rules of Civil Procedure.
H.2. Monitoring
Whenever the Code Enforcement Officer finds, or becomes aware of from any source, that any use commencing on or after the date of adoption of this Ordinance, including but not limited to uses of the types identified in Section 402.25 of this Ordinance, is located within a Wellhead Protection District designated by this Ordinance and poses an actual or potential threat to the safety or quality of the public groundwater supply, the Code Enforcement Officer, with the concurrence of the Gray Water District, may :
H.2.a Order the property owner to grant permission for installation of
groundwater monitoring wells and testing at reasonable hours and
at the sole cost of the Gray Water District.
H.2.b In the event the owner of the property refuses to comply with an order
to grant permission for installation of groundwater monitoring wells and testing at reasonable hours at the sole cost of the Gray Water District the Town of Gray may apply to the Maine District Court for an order to permit such monitoring.
H.2.c If testing indicates that the groundwater has been contaminated to fifty
(50) percent or greater of the Maximum Contaminant Level (MCL) as published in the National and State Primary and Secondary Drinking Water Standards, as amended, then the source of that contamination shall be determined by further testing at the sole cost of the Gray Water District.
H.2.d If it is determined by further testing that the current owner or occupant
of the property is responsible for all of the contamination of the groundwater to fifty (50) percent or greater of the Maximum Contaminant Level (MCL) as published in the National and State Primary and Secondary Drinking Water Standards, as amended, then the owner or occupant shall reimburse the Town or the Water District, as appropriate, for expenses incurred in testing and remediation.
H.2.e The owner or occupant of the property shall not be required to pay for
the expense of testing, prevention, or remediation of contamination that originates on another property.
H.3 Enforcement
If any use causes or contributes to groundwater contamination of fifty (50) percent or greater of the Maximum Contaminant Level (MCL) as published in the National and State Primary and Secondary Drinking Water Standards, as amended, within, or at the boundary line of, a Wellhead Protection District designated by this Ordinance, the Code Enforcement Officer may require the owner or occupant of the property on which the contaminating use occurs to cease activity, install or construct mechanisms, or enact appropriate procedures to reduce the contamination.
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