Sample Ordinance – Hopkington
Section 12  Aquifer Protection Permits

A. Application. An application for an Aquifer Protection Permit may be made by any person, group, agency or corporation with a legal interest in the land to which it applies by filing in the office of the zoning enforcement officer an application describing the request.

The form and such data and/or evidence which comprises such an application is set forth in the appendix C hereof. Said form and the data and/or evidence required thereby are incorporated herein and made a part of this ordinance.

Upon receipt of an application wherein the applicant seeks a waiver from the requirement of furnishing any item of data and/or evidence as required in the subsections hereof, the zoning enforcement officer shall immediately transmit said application and waiver request to the zoning board, which shall hear and decide the waiver request at a regularly scheduled or special meeting of the zoning board. In the event the zoning board grants such a waiver request, the application, being otherwise in conformity with these subsections, shall be deemed complete. In the event the zoning board does not grant the waiver request in full, the application shall not be deemed complete until all data and/or evidence required by said Appendix for which a waiver has not been granted, is filed in the office of the zoning enforcement officer.

Upon receipt of the complete application, the zoning enforcement officer shall immediately transmit it to the zoning board and shall transmit a copy to the planning board and to the conservation commission.

B. Planning board and conservation commission recommendations. The zoning board, at its next meeting after receipt of a complete application for an Aquifer Protection Permit may request that the planning board and/or town planner and the conservation commission report their findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan of the town, writing to the zoning board within thirty (30) days of the zoning board request.

C. Notice and hearing. The zoning board shall hold a public hearing on any application for an Aquifer Protection Permit in an expeditious manner after receipt in proper form of a complete application, and shall give public notice thereof of at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the town. Notice of hearing shall be sent by certified mail, return receipt requested, to the applicant and to all those owners of real property or other entities which would require notice under R.I.G.L, chapter 42-24-53, at least fourteen (14) days prior to the date of the hearing. Said notice shall include the street address of the property for which the Aquifer Protection Permit is sought. The cost of notification shall be borne by the applicant.

D. Findings of zoning board. In granting an Aquifer Protection Permit, the zoning board shall be satisfied by legally competent evidence that the proposed use will not result in concentrations of pollutants in the groundwater that will adversely affect the groundwater as a source of potable water or its classification as GAA (suitable for public or private drinking water use without treatment) or GA (may be suitable for public or private drinking water use without treatment) as promulgated in the RIDEM “Rules and Regulations for Groundwater Quality” in accordance with Chapter 46-13.1 of the General Laws of Rhode Island, 1956, as amended.

E. Maintenance. All facilities and structures constructed in accordance with an Aquifer Protection Permit shall be maintained by the owner or operator to assure their ability to function as designed. Failure to properly maintain such facilities and structures shall constitute a violation of this ordinance and is subject to enforcement action of the town. Section 13. Best Management Practice Work Plan Submittal

Where an Aquifer Protection Permit is required and the proposed use involves hazardous materials or if State or Federal permit, approval or license is required because the use involves hazardous materials including hazardous waste, a Best Management Practice work plan must be submitted that:

A. Includes three copies of any required State or Federal permits, approvals or licenses required for the proposed use along with citation of the statute, law, ordinance or regulation requiring these document.

B. Lists all chemicals, pesticides, petroleum products and other hazardous materials and the maximum quantity to be used, stored, transferred or generated on the premises at anyone time accompanied by a description of measures proposed to protect them from vandalism, corrosion, leakage, malfunction or spill including spill prevention and clean-up procedures and other countermeasures.

C. Describes all hazardous or potentially hazardous wastes to be generated and the system to be used that will collect, store, treat (if necessary) and subsequently dispose, off-site, of all waste products other than sanitary sewage. Include spill prevention and clean-up procedures to be used.

D. States the proposed measures to mitigate any potential adverse impact from hazardous materials or petroleum products spillage on the groundwater or structures feeding the groundwater.

E. Provides a description of the method by which local, state and federal authorities will be notified in the event of an accident or spill of a hazardous material or petroleum product that will have a potentially adverse impact on the environment.

F. Shows a plan prepared by the appropriate licensed professional(s) in accordance with

R.I.G.L. with the dimensions, elevations and nature of the proposed use; the amount, area and type of proposed fill, area and nature of proposed grading; proposed drainage facilities; proposed roads, water and other utilities; and specifications for building construction and material.

G. Shows a plan prepared by the appropriate licensed professional(s) in accordance with

R.I.G.L. to include all relevant existing features within two hundred feet of the property line including but not limited to the Primary Protection Zone boundary, wetlands or water bodies, vegetation, existing development and contours at two foot intervals. Off site conditions and features may be taken from existing sources of information and referenced on the plan.

H. Includes a soils report by a Professional Soils Scientist registered with the Society of Soils Scientists of Southern New England or a Site Evaluator licensed by the Department of Environmental Management, to include the depth to groundwater and soil strata description to ten (10) feet.

I. Includes a report by a groundwater hydrologist on the present surface and groundwater water quality conditions, the rate and direction of groundwater movement and a description of the analysis method used; and the potential impact to ground and surface waters from the proposed use including spills. Such report shall also include the cumulative impacts of discharge pollutants over an extended period of time and a description of mitigation measures to include identification of any irreversible alteration of natural features as a result of the proposed action and the proposed rate and volume of groundwater withdrawal and the potential cumulative impacts of groundwater withdrawal.

J. Provides compelling evidence of qualified professional supervision in the design, installation, operation and maintenance of facilities or containers to be used for the handling, storage, generation and disposal of hazardous materials and petroleum products.

K. Requires that indoor storage of hazardous materials and petroleum products shall be within a containment structure that meets the following standards:

(1) Constructed in such a manner as to prevent the release of hazardous materials and petroleum products and constructed of such materials that are impermeable and compatible to the materials being contained.

(2) The containment structure shall, at minimum, be designed to contain the following volumes:

(a) For above ground storage tanks greater than 100% of the capacity of the largest tank.

(b) For individual containers, e.g., drums greater than 10% of the total volume of all the containers or the volume of the largest container, whichever is greater.

L. Requires that outdoor storage of hazardous materials and petroleum products shall be within a containment structure that meets the following standards:

(1) Impermeable base and ~surrounding dike that is compatible with the material being contained.

(2) The containment structure shall, at minimum, be designed to contain the following volumes:

i. For above ground storage tanks ^ 100% of the capacity of the largest tank.

ii. For individual containers, e.g., drums ^ 10% of the total volume of all the containers or the volume of the largest container, whichever is greater.

(3) The containment structure shall be protected by a roof and adequate sides to prevent entry of precipitation.

M. Requires that drums and storage containers be fitted with secure lids at all times to prevent spills and leaks; be stored as full as possible to prevent vapors and the chance of explosion; have drip pans under spigots and that the operator control and absorb material spilled from the tops of the drum.

N. Requires storage areas to be inspected weekly looking for leaks and for deterioration caused by corrosion or other factors, recording the inspections in an inspection log and filling out a weekly Hazardous Material Storage Area Inspection Checklist form as set forth in appendix G hereof (said form and the data and/or evidence required thereby are incorporated herein and made a part of this ordinance) during the inspection; keep these records for at least three years from the date of the inspection and make these records available to the Zoning Enforcement Officer. If storage includes hazardous waste for which a weekly Hazardous Waste Storage Area Inspection Checklist form is required to be recorded (refer to Section 2.0 of the Hazardous Waste Compliance Workbook for Rhode Island Generators, RIDEM Office of Technical and Customer Assistance dated March 2002, or the most recent revisions thereto), keep these records as required by RIDEM and make these records available to the Zoning Enforcement Officer.

O. Requires containers and tanks to be clearly labeled as to contents.

P. Requires hazardous materials generation and storage areas to be clearly marked to indicate the presence of hazardous materials. Material Safety Data Sheets (MSDS) shall be kept for

all hazardous materials near the point of generation and storage for ready access by employees, inspectors, etc.

Q. Requires venting systems for evaporation or other type of discharge to the atmosphere of hazardous materials to be designed with a recovery system to prevent the release of contaminated condensate or drippage.

R. Requires areas used for loading and transferring hazardous materials and petroleum products to have an impermeable surface and a dike to contain spills or leaks.

S. Requires a new Aquifer Protection Permit application when additions are proposed to the list of hazardous materials and petroleum products; when changes are proposed to the methods of handling, storage and disposal of hazardous materials and petroleum products; when there is a proposed increase in the maximum quantities of hazardous materials and petroleum products involved; or when there is potential to significantly increase the impact on the groundwater.

T. Requires adequate quantity of spill containment materials be maintained on hand, document training in the use and prevention of spills and releases and a written plan of use and disposal for these materials for all potential spills or releases.

U. Address fire protection systems needed for flammable or combustible materials stored in these areas, i.e. to prevent catastrophic fire and release of materials resulting from the fire.

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