Town of Antrim, NH
ARTICLE XI-B AQUIFER AND WELLHEAD PROTECTION DISTRICT
ARTICLE XI-B AQUIFER AND WELLHEAD PROTECTION DISTRICT
(Adopted March 11, 2008)

1.   AUTHORITY

The Town of Antrim hereby adopts this ordinance pursuant to the authority granted under RSA 674:16, in particular RSA 674:16, II relative to innovative land use controls, in order to protect the public health, safety, and general welfare.

2.   PURPOSE

The purpose of this ordinance is, in the interest of public health, safety, and general welfare, to preserve, maintain, and protect from contamination existing and potential groundwater supply areas, drinking water sources, and surface waters that are fed by groundwater.  The purpose is to be accomplished by regulating land uses which could contribute pollutants to designated wells and/or aquifers identified as being needed for present and/or future public water supply.

3.   DEFINITIONS

A. “Aquifer” means a geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.

B. “Petroleum bulk plant or terminal” means that portion of the property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline tank car, tank vehicle, portable tank, or container.

C. “Department” means the New Hampshire department of environmental services.

D. “Floor drain” means an opening in a floor that is not specifically included in an authorized discharge under one or more of the following regulatory mechanisms:

(1) A NH groundwater discharge permit;

(2) A registration required by Env-Ws 1500 or successor rules in subtitle Env-Wq;

(3) A national pollutant discharge elimination system permit; or

(4) A local authorization to discharge to the local wastewater treatment facility.

E. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

F. “Gasoline station,” means that portion of a property where petroleum products are received by tank vessel, pipeline, tank car, or tank vehicle and distributed for the purposes of retail sale of gasoline.
G. “Impervious” means not readily permitting the infiltration of water.

H. “Impervious surface” means a surface through which regulated contaminants cannot pass when spilled.  The term includes concrete and asphalt unless unsealed cracks or holes are present, but does not include earthen, wooden, or gravel surfaces or other surfaces that could react with or dissolve when in contact with the substances stored on them.

I. “Junkyard” means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive recycling yard, and includes garbage dumps and sanitary landfills. The word does not include any motor vehicle dealers registered with the director of motor vehicles under RSA 261:104 and controlled under RSA 236:126.

J. “Mini-Mart,” See Gasoline Station.

K. “Outdoor storage” means storage of materials where they are not protected from the elements by a roof, walls, and a floor with an impervious surface.

L. “Owner” means the owner of the facility or site on which the potential contamination source is located.

M. “Person” means “person” as defined in RSA 485-C:2, XI, namely “any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.”

N. “Potential contamination source” means, as specified in RSA 485-C:7, I, human activities or operations upon the land surface that pose a foreseeable risk of introducing regulated substances into the environment in such quantities as to degrade the natural groundwater quality. Examples of potential contamination sources are listed in RSA 485-C:7, II.

O. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

P. “Regulated container” means any device in which a regulated substance is stored, transported, treated, disposed of, or otherwise handled, with a capacity of greater than or equal to 5 gallons, other than a fuel tank attached to a motor vehicle for the sole purpose of supplying fuel to that motor vehicle for that vehicle’s normal operation.

Q. “Regulated substance” means any of the following, with the exclusion of ammonia, sodium hypochlorite, sodium hydroxide, acetic acid, sulfuric acid, potassium hydroxide, and potassium permanganate:

(1) Oil as defined in RSA 146-A:2, III;

(2) Any substance that contains a regulated contaminant for which an ambient groundwater quality standard has been established pursuant to RSA 485-C:6; and

(3) Any substance listed in 40 CFR 302, 7-1-05 edition.

R. “Sanitary protective radius” means the area around a public water supply well which must be maintained in its natural state as required by Env-Ws 378 or 379 (for community water systems); Env-Ws 372.12 and Env-Ws 372.13 (for other public water systems).

S. “Secondary containment” means a structure, such as a berm or dike with an impervious surface, that is adequate to hold any spills or leaks at 110% of the volume of the largest regulated container in the storage area.

T. “Service Station,” See Gasoline Station.

U. "Sludge'' means, as defined by RSA 485-A:2, XI-a, the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M.  For the purposes of this ordinance, ‘sludge’ includes industrial sludge, sludge mixed with another sludge or material, and sludge derived from human waste.

V. “Storage area” means a place where a regulated container is kept for a period of 10 or more consecutive days.

W. “Snow dump” means, for the purposes of this ordinance, a location where snow, which is cleared from roadways and/or motor vehicle parking areas, is placed for disposal.

X. “Stratified-drift aquifer” means a geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater, including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of water to wells.

Y. “Surface water” means streams, lakes, ponds and tidal waters, including marshes, water-courses and other bodies of water, natural or artificial.

Z. “Wellhead protection area” means the surface and subsurface area surrounding a water well or wellfield supplying a community and/ or non-community public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.

4. AQUIFER AND WELLHEAD PROTECTION DISTRICT

A. The Aquifer and Wellhead Protection District is an overlay district which is superimposed over the existing underlying zoning and includes within its boundaries:

(1) All Wellhead Protection Areas approved by the N.H. Department of Environmental Services (NH DES) for active public water supply wells in Antrim, as defined under Section 3, part (I) of this ordinance. The district is shown on the map entitled, Town of Antrim - Aquifer and Wellhead Protection District, dated January 30, 2007.

(2) All Stratified Drift Aquifer(s) in the Town of Antrim, as delineated by the 1995 U.S.G.S. Water-Resources Investigations Report 92-4154, titled, “Geohydrology and Water Quality of Stratified-Drift Aquifers in the Contoocook River Basin, South-Central New Hampshire,” and shown on the map entitled, Town of Antrim - Aquifer and Wellhead Protection District, dated January 30, 2007.

B. The Planning Board may revise or amend the aquifer and wellhead protection district boundary upon the availability of new information, new studies, or subsequent updates.

5. APPLICABILITY

This Ordinance applies to all uses in the Aquifer and Wellhead Protection District, except for those uses exempt under Section 12 (Exemptions) of this Ordinance.

6. PERFORMANCE STANDARDS

The following Performance Standards apply to all uses in the Aquifer and Wellhead Protection District unless exempt under Section 12:

A. For any use that will render impervious more than 15% or more than 2,500 square feet of any lot, whichever is greater, a stormwater management plan shall be prepared which the planning board determines is consistent with Stormwater Management and Erosion and Sediment Control Handbook for Urban and Developing Areas in New Hampshire, Rockingham County Conservation District, August 1992 and Best Management Practices for Urban Stormwater Runoff, NH Department of Environmental Services, January 1996.

B. Conditional uses, as defined under Section 10 shall develop stormwater management and pollution prevention plans and include information consistent with Stormwater
Management For Industrial Activities: Developing Pollution Prevention Plans and
Best Management Practices. (US EPA, 1992).  The plan shall demonstrate that the use will:

1) Minimize, through a source control plan that identifies pollution prevention measures, the release of regulated substances into stormwater;

2) Demonstrate that recharge to groundwater will not result in violation of Ambient Groundwater Quality Standards (Env-Ws 410.05) at the property boundary;

3) Stipulate that expansion or redevelopment activities shall require an amended stormwater plan and may not infiltrate stormwater through areas containing contaminated soils without completing a Phase I Assessment in conformance with
ASTM E 1527-05, also referred to as All Appropriate Inquiry (AAI).
C. Animal manures, fertilizers, and compost must be stored in accordance with Manual of Best Management Practices for Agriculture in New Hampshire, NH Department of Agriculture, Markets, and Food, August 2005, and any subsequent revisions;

D. All regulated substances stored in regulated containers with a capacity of 5 gallons or more must be stored in product-tight containers on an impervious surface designed and maintained to prevent flow to exposed soils, floor drains, and outside drains;

E. Facilities where regulated substances are stored must be secured against unauthorized entry by means of a door and/or gate that is locked when authorized personnel are not present and must be inspected weekly by the facility owner;

F. Outdoor storage areas for regulated substances, associated material or waste must be protected from exposure to precipitation and must be located at least 50 feet from surface water or storm drains, at least 75 feet from private wells, and outside the sanitary protective radius of wells used by public water systems;

G. Secondary containment must be provided for outdoor storage of regulated substances if an aggregate of 275 gallons or more of regulated substances are stored outdoors on any particular property;

H. Containers in which regulated substances are stored must be clearly and visibly labeled and must be kept closed and sealed when material is not being transferred from one container to another;

I. Prior to any land disturbing activities, all inactive wells on the property, not in use or properly maintained at the time the plan is submitted, shall be considered abandoned and must be sealed in accordance with We 604 of the New Hampshire Water Well Board Rules.

7. SPILL PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC) PLAN

Conditional uses, as described under Section 10, part (A), using regulated substances shall submit a spill control and countermeasure (SPCC) plan to the Planning Board who shall determine whether the plan will prevent, contain, and minimize releases from ordinary or catastrophic events such as spills, floods or fires that may cause large releases of regulated substances. The Planning Board reserves the right to refer the SPCC to a consultant or consultants for review and comment and the applicant shall bear all costs of such consultants.  Prior to referral, the applicant shall post a performance guarantee assuring payment of such services.  The SPCC shall include:

A. A description of the physical layout and a facility diagram, including all surrounding surface waters and wellhead protection areas.

B. Contact list and phone numbers for the facility response coordinator, cleanup contractors, and all appropriate federal, state, and local agencies who must be contacted in case of a release to the environment.

C. A list of all regulated substances in use and locations of use and storage;

D. A prediction of the direction, rate of flow, and total quantity of regulated substance that could be released where experience indicates a potential for equipment failure.

E. A description of containment and/or diversionary structures or equipment to prevent regulated substances from infiltrating into the ground.

8. PERMITTED USES

All uses permitted by right or allowed by special exception in the underlying district are permitted in the Aquifer and Wellhead Protection District unless they are Prohibited Uses or Conditional Uses. All uses must comply with the Performance Standards unless specifically exempt under Section 12.

9. PROHIBITED USES

The following uses are prohibited in the Aquifer and Wellhead Protection District.

A. The development or operation of a hazardous waste disposal facility as defined under RSA 147-A;

B. Facilities that generate, treat, store, or dispose of hazardous waste subject to Env-Wm
500-900 except for;

1. Household hazardous waste centers and events regulated under Env-Wm
401.03(b)(1) and Env-Wm 501.01(b); and

2. Water remediation treatment works approved by NH DES for the treatment of
contaminated ground or surface waters;

C. The storage of regulated substances in greater than household quantities (i.e. 5-gallons), unless in a free-standing container within a building or above ground with secondary containment adequate to contain 110% of the container's total storage capacity;

D. The development or operation of a solid waste landfill;

E. The outdoor storage of road salt or other deicing chemicals in bulk;

F. The development or operation of a junkyard;

G. The development or operation of a snow dump;
H. The development or operation of a wastewater or septage lagoon or sludge monofills;

I. The development or operation of a petroleum bulk plant or terminal;

J. The development or operation of gasoline      stations.

K.  The storage of liquid petroleum products, except the following:

1. Normal household use, outdoor maintenance, and heating of a structure;

2. Waste oil retention facilities required by statute, rule, or regulation;

3. Emergency generators required by statute, rule, or regulation;

4. Treatment works approved by NH DES for treatment of ground or surface waters;

provided that such storage, listed in items (1.) through (4.) above, is in free-standing containers within buildings or above ground with secondary containment adequate to contain a spill 110% the size of the containers total storage capacity;

L. The storage of animal manure unless covered or contained in accordance with the specifications of the United States Natural Resources Conservation Service;

M. The storage of commercial fertilizers, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

N. Non-sanitary treatment works which discharge to the ground and that are subject to Env-Ws 1500, except the following:

1. the replacement or repair of an existing treatment works that will not result in a
design capacity greater than the design capacity of the existing treatment works;

2. treatment works approved by NH DES designed for the treatment of contaminated groundwater;

10. CONDITIONAL USES

The Planning Board may grant a Conditional Use Permit for a use which is otherwise permitted within the underlying district, if the permitted use is involved in one or more of the following:

A. Storage, handling, and use of regulated substances in quantities exceeding 100 gallons or 800 pounds dry weight at any one time, provided that an adequate spill prevention, control and countermeasure (SPCC) plan, in accordance with Section 7, is approved by the Planning Board;

B. Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater.

In granting such approval the Planning Board must first determine that the proposed use is not a prohibited use and will be in compliance with the Performance Standards and Section 6 as well as all applicable local, state and federal requirements. The Planning Board may, at its discretion, require a performance guarantee in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the Performance Standards.

EXISTING NONCONFORMING USES

Existing nonconforming uses may continue without expanding or changing to another nonconforming use, but must be in compliance with all applicable state and federal requirements, including Env-Wq 401, Best Management Practices for Groundwater Protection Rules.

EXEMPTIONS

The following uses are exempt from the specified provisions of this ordinance as long as they are in compliance with all applicable local, state, and federal requirements:

A. Any private residence is exempt from all Performance Standards, except home based    businesses;

B. Any business or facility where regulated substances are not stored in containers with a capacity of 5 gallons or more is exempt from Section 6, Performance Standards, sections E through H;

C. Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from Performance Standard E;

D. Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle is exempt from Performance Standards E through H;

E. Storage and use of office supplies is exempt from Performance Standards E through H;

F. Temporary storage of construction materials on a site where they are to be used is exempt from Performance Standards E through H;

G. The sale, transportation, and use of pesticides as defined in RSA 430:29 XXVI are exempt from all provisions of this ordinance;

H. Household hazardous waste collection projects regulated under NH Code of Administrative Rules Env-Wm 401.03(b)(1) and 501.01(b) are exempt from Performance Standards E through H;

I. Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under Section 14 of this ordinance.

RELATIONSHIP BETWEEN STATE AND LOCAL REQUIRMENTS
Where both the State and the municipality have existing requirements the more stringent shall govern.

14. MAINTENANCE AND INSPECTION

A. For uses requiring planning board approval for any reason, a narrative description of maintenance requirements for structures required to comply with Performance Standards shall be recorded, so as to run with the land on which such structures are located, at the Hillsborough County Registry of Deeds.  The description so prepared shall comply with the requirements of RSA 478:4-a.

B. Inspections may be required to verify compliance with Performance Standards. Such inspections shall be performed by the Zoning Officer, or another designated agent, at reasonable times with prior notice to the landowner.

C. All properties within the Aquifer and Wellhead Protection District known to the Zoning Officer or another designated agent as using or storing regulated substances in containers with a capacity of 5 gallons or more, except for facilities where all regulated substances storage is exempt from this Ordinance under Section 12, shall be subject to inspections under this Section.

D. The Board of Selectmen may require a fee for compliance inspections. The fee shall be paid by the property owner. A fee schedule shall be established by the Board of Selectmen as provided for in RSA 41-9:a.

15. ENFORCEMENT PROCEDURES AND PENALTIES
Any violation of the requirements of this ordinance shall be subject to the enforcement procedures and penalties detailed in RSA 676.

16. SAVING CLAUSE
If any provision of this ordinance is found to be unenforceable, such provision shall be considered separable and shall not be construed to invalidate the remainder of the ordinance.

17. EFFECTIVE DATE
This ordinance shall be effective upon adoption by the municipal governing body.

Updated: 3/20/08