Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 4.00 - Industrial Performance Standards And General Regulations
Section 4.09 - Water Resource Protection Overlay Districts (WRPs)
Universal Citation: 974 MA Code of Regs 974.4
Current through Register 1531, September 27, 2024
(1) Purpose.
(a) To protect the ground and surface water
resources in Devens and abutting communities in order promote health, safety
and general welfare;
(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) General Requirements. Projects located in the WRPs shall utilize those BMPs most appropriate to the site conditions, with consideration given to the level of protection needed in the particular WRP. Provision of appropriate BMPs will further the goals of pollutant reduction of total suspended solids, petroleum hydrocarbons, lead, zinc, copper, and total nitrogen and other non-point source pollution. The BMPs and other protective measures for each WRP increase progressively from the Watershed WRP, to the Aquifer WRP, to the Zone II WRP. The Zone II Requirements include those for the Watershed and Aquifer WRP, while the Aquifer WRP includes the Watershed WRP Requirements:
(a)
Watershed WRP
Requirements:
1. All projects in
the Watershed WRP shall comply with the By-laws (Article XI), the SMS, the
Devens Water Resources Protection Report, November 1994 and the Stormwater
Plan, including, but not limited to Water Conservation Measures, Storage and
Application of Deicing Materials, Transportation of Hazardous Materials and
Waste, Hazardous Waste and Materials, Storage Tanks, Radioactive Materials and
Medical/Research Wastes.
2. Water
conserving plumbing fixtures (EPA Water Sense labeled or equivalent) shall be
utilized for all projects to the maximum extent feasible. Such fixtures shall
meet the Massachusetts Plumbing Code (248 CMR).
3. Facilities that store or propose above
ground storage of oil in quantities greater than 1,320 gallons, and/or in any
container greater than 660 gallons in capacity, and/or underground storage of
oil greater than 42,000 gallons, are regulated under 40 CFR 112 and are
required to develop a site-specific Spill Pollution Prevention Control and
Countermeasure Plan (SPCC) that meets the requirements of 40 CFR 112 and the
Devens Master SPCC Plan, dated February 27, 2001
http://www.devensec.com/forms/spill_prevention_report. pdf. Devens also has a Comprehensive Emergency Management (CEM) Plan to address preparedness, response, mitigation and recovery for man-caused emergency situations and natural disasters. Within the CEM Plan is a Hazardous Materials Emergency Plan. SPCCs shall be consistent with the CEM Plan and Hazardous Materials Emergency Plan. Facilities that are regulated under 40 CFR 112 may also be subject to the Facility Response Plan requirements set forth in, 40 CFR 112.20.
4. Pesticide
applications shall not be used unless there are no other means of controlling
pests. Organic fertilizers shall be used in place of chemical applications to
the maximum extent feasible. Projects that propose pesticide applications on
more than one acre of land shall prepare an Integrated Pest Management (IPM)
Plan in accordance with the Massachusetts Department of Food and Agriculture
Pesticide Bureau IPM Kit for Building Managers
5. The use of
motorized off-road recreational vehicles shall be prohibited within the
DREZ.
6. Any facility subject to
310 CMR 30.660: Groundwater Protection that receives Hazardous
Waste after July 26, 1982 shall monitor for specific constituents, in
accordance with
310 CMR 30.662:
Required Programs.
(b)
Aquifer WRP
Requirements. In addition to compliance with the Watershed WRP
requirements, projects in the Aquifer WRP shall:
1. Provide a Hazardous Material Spill
Response Plan that lists methods for the interception and isolation of
potential spills of hazardous materials for review and approval by the DEC as
part of a Unified Permit Application. Clean-up of spills shall be completed in
accordance with the Hazardous Material Spill Response Plan or as specified in
the Devens Spill Prevention Control and Countermeasure Plan.
2. Include a list of all Hazardous Materials
proposed to be used on-site (type, quantity, location and method of
storage).
3. Maintain the high
level of water quality at Devens and within the Aquifer WRP. A Groundwater
Quality Monitoring Plan (GWQMP) shall be developed for industrial projects
and/or uses involving the handling, treatment, storage, or generation of
hazardous waste as defined under 310 CMR 30.000: Hazardous
Waste in excess of those quantities allowed for a Very Small Quantity
Generator. The GWQMP shall be prepared by a Licensed Site Professional,
Professional Engineer or Certified Professional Geologist or Hydrogeologist
experienced in groundwater flow and contaminant fate and transport and comply
with
310 CMR
30.663: General Groundwater
Monitoring Requirements. The GWQMP shall include the following
information as a minimum:
a. The overall
hydrogeological profile of the project site and the area in general;
b. The groundwater flow direction and
elevations through the areas of disturbance within the project site;
c. Location of up-and down-gradient
monitoring wells;
d. Sampling
objectives;
e. Sampling collection
and analysis summary;
f. Chain of
custody and quality control/quality assurance procedures for testing;
g. Sampling frequency; and
h. Pollutant-testing parameters and methods
of testing. Pollutant-testing parameters in accordance with
310 CMR
30.664: Detection Monitoring
Program and shall include as a minimum, EPA Priority Pollutants, total
petroleum hydrocarbons (as required by ASTM D3328-78), metals (lead, zinc,
copper), oil and grease, pH, and other pollutants consistent with the
activities associated with the proposed use required to ensure that the
development will not degrade water quality as determined by State and Federal
drinking water quality standards.
i. Monitoring well drilling details in
accordance with the MA DEP Standard References for Monitoring Wells, Part I
(DEP Publication#WSC-310-91)
j.
Compliance monitoring program in accordance with
310 CMR
30.671: Compliance Monitoring
Program.
4.
Ensure post-development volume of discharge shall not exceed the
pre-development volume of discharge for the two and ten year storm events as
required by the SMS. Stormwater recharge shall maintain or exceed pre-developed
levels of recharge for the two year storm event. In the absence of
hydrogeologic analysis, stormwater systems that have been designed to recharge
for the two-year storm event will be presumed to have met this criterion. If
the site geology is unsuitable (for example, glacial till), the Applicant shall
consider other stormwater infiltration BMP's to meet this requirement. If none
prove feasible, this requirement may be waived by the DEC, based on provision
of sufficient data by the Applicant.
(c)
Zone II WRP
Requirements. In addition to compliance with the Watershed WRP and
Aquifer WRP Requirements, projects located in the Zone II WRP shall also comply
with the following:
1. Utilize BMP's to comply
with the SMS requirements for total suspended solids, petroleum hydrocarbons,
lead, zinc, copper and nitrogen removal rates from runoff prior to groundwater
recharging and/or stormwater discharging from the site. Water quality
evaluations shall be based on a two-year storm event. Biofiltration systems for
stormwater pollution mitigation are required to the maximum extent
feasible.
2. All projects that
propose to utilize Hazardous Materials totaling 50 gallons liquid volume or 25
pounds dry weight or more in a calendar year shall register with the Devens
Fire Department as required by 974 CMR 4.09(5).
3. Treatment or disposal works for wastewater
(other than sanitary sewage) subject to
314 CMR 5.00 are prohibited.
This includes, but is not limited to, treatment or disposal works related to
activities under the Standard Industrial Classification (SIC) Codes set forth
in
310 CMR 15.004(6)
(Title 5), except the following:
a. the replacement or repair of an existing
system(s) that will not result in a design capacity greater than the design
capacity of the existing system(s); and
b. treatment works approved by the MA DEP
designed for the treatment of contaminated ground or surface waters and
operated in compliance with
314 CMR 5.05(3)
or (13); and
c. publicly owned treatment works,
4. Commercial fertilizer storage
and animal manure storage is prohibited unless such storage is within a
structure designed to prevent the generation and escape of contaminated runoff
and leachate.
5. Storage of sludge
and septage, as defined in
310 CMR 32.05:
Definitions, is prohibited unless such storage is in
compliance with
310 CMR
32.30: Requirements for Any Storage
of Sludge or Septage and 32.31: Additional Requirements for
Long-Term Storage of Sludge or Septage.
(3) WRP Map. Zone II, Aquifer and Watershed WRP boundaries are shown on the map entitled: Devens Regional Enterprise Zone Water Resources Protection Overlay Districts. Prepared by MassDevelopment Engineering Division, in consultation with the DEC and the MA DEP, dated November 17, 1994. ( 974 CMR 4.09: Figure 1).
Figure 1: Water Resource Protection Overlay Districts Map
(4) Redefinition/Redelineation of WRP District Boundaries. If the location of the district boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through the DEC. The burden of proof shall be upon the Applicant to show in which WRP the land should be located. The Applicant shall submit documentation certified by an Engineer, hydrologist, geologist, or soil scientist (as appropriate) to demonstrate more accurately the boundaries of the district with respect to the Applicant's land. This analysis shall include testing as needed to demonstrate the correct classification of the land in question.
(5) Control of Hazardous Waste and Materials in WRP's.
(a)
Applicability: The requirements in 974 CMR 4.09(5)(b)
apply to hazardous material which is defined for purposes of 974 CMR 4.09(4) 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 M.G.L. chs. 21C and 21E using the
Massachusetts Oil and Hazardous Material List ( 310 CMR 30.000:
Hazardous Waste and 310 CMR 40.000: Massachusetts
Contingency Plan).
(b)
Hazardous Material Requirements and Restrictions in
WRP's: Unless otherwise stated, the following requirements and
restrictions apply to all WRP's:
1. Other than
that which is allowed by state or federal laws, regulations, and/or permits,
the discharge of hazardous materials within any WRP is prohibited. This
prohibition includes, but is not limited to, discharges of hazardous materials
to exposed and unsaturated soils; wet lands; surface water resources; ground
water; sanitary sewers; storm drains; floor drains and sinks which discharge to
the environment; and septic systems.
2. The sale and/or use of septic system
additives or cleaners not specifically allowed by MA DEP (
310 CMR
15.027: Prohibition of Septic System
Additives and 15.028: Soil Absorption System
Restoration) is prohibited.
3. Above ground storage of hazardous
materials shall be in product-tight containers, in an orderly manner, with
wastes stored separately from unused materials, and on an impervious surface.
Outdoor storage shall 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 shall be protected from the elements, accidental damage, and
vandalism. Indoor storage shall 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. All storage shall be in accordance with
527 CMR 9.00: Tanks
and Containers.
4. All
Hazardous material storage areas shall be clearly delineated and signs shall be
posted noting the dedicated nature of the area. Containers of all non-waste
hazardous materials shall 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. Containers of hazardous wastes shall also 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.
5. 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 all Zone II WRPs.
(c)
Registration of Hazardous Materials in WRPs.
1. Every owner or operator of a facility
(including municipal, state and federal) which uses hazardous materials
totaling 50 gallons liquid volume or 25 pounds dry weight or more in a calendar
year and which is located within a Zone II WRP shall 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/or renewal.
2.
Existing and future underground storage tanks for Hazardous materials shall be
registered with the Devens Fire Department in accordance with the requirements
of 310 CMR 40.000: Massachusetts Contingency Plan. Any
underground heating oil storage tank which does not meet the standards in 527
CMR for new and replacement tanks and is 15 years or older and is located
within a Zone II WRP shall be removed and replaced or upgraded, to meet current
standards, within five years from December 9, 2011, or sooner if directed by
the Devens Fire Department. Registration requirements shall be established by
the Devens Fire Department in accord with
310 CMR
30.00: Hazardous Waste and 310 CMR
40.00: Massachusetts Contingency Plan.
3.
Updating of
Registration:
a. If, during or
after the registration period, a change in ownership and/or occupancy of a
business occurs, an updated registration shall be submitted to the Devens Fire
Department within 30 days of the change. Registration is not transferable
between past and future owners of a business and/or occupants of a
facility.
b. 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:
i. remodeling, operating changes, or
expansion of an existing facility which would modify the type or quantity of
hazardous materials managed;
ii.
changes in the location or method of use, storage, manufacture or handling of
hazardous materials in any facility; and/or
iii. addition of new hazardous materials
meeting the threshold quantity listed above which are not anticipated in the
registration.
4.
Facility Closure.
In the event that a facility permanently ceases operations during its
registration period, the owner or operator of the facility shall notify the
Devens Fire Department in writing at least 30 days before the
closure.
(d)
Exclusions. The following materials, activities, and
facilities are not within the scope of
974 CMR 4.00:
1. Household waste including garbage, trash,
and domestic sanitary sewage.
2.
Wastes generated from the growing of agricultural crops and the raising of
animals, including manure which is returned to the soil as
fertilizer.
3. The labeling of
hazardous materials which are or will be exposed for sale at retail
establishments.
4. Treatment,
Storage, and Disposal Facilities as defined by 310 CMR 30.000:
Hazardous Waste.
5. Large Quantity Generators of hazardous
wastes as defined by 310 CMR 30.000: Hazardous
Waste.
6. Facilities that
file Tier II reports as defined by SARA Title III.
(e)
Emergencies.
1.
Notification. In
case of a spill and/or loss of hazardous material at or above the "report able
quantity," [as defined in 310 CMR 40.000: Massachusetts Contingency
Plan] the owner/operator must report the spill or loss to the Devens
Fire Department and MA DEP's Emergency Response Section within two hours of the
incident in accordance with 310 CMR 40.0000: Massachusetts Contingency
Plan.
2.
Planning. The following precautions shall be taken by
all facilities subject to the registration and reporting requirements set forth
in 974 CMR 4.09(5)(e)1.:
a. A map of the
facility layout showing Hazardous Material storage areas and all means of
egress, along with any additional details as specified by the Devens Fire
Department shall be posted at one or more on-site locations. The posting
location(s) shall be specified during registration.
b. Materials Safety Data Sheets shall 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.
c. Facilities shall provide adequate and
reasonable employee training programs to ensure the proper use, storage,
transportation and handling of hazardous materials.
d. Facilities shall provide emergency spill
containment kits on site and in accessible areas and all employees shall be
trained in their use.
(6) Storage of Fuel, Combustible and Flammable Liquids, as Defined by 42 U.S.C. §§ 6901 through 6922i, M.G.L. c. 148, and 527 CMR 9.00: Tanks and Containers.
(a)
Storage of flammable, combustible and explosive material shall be in accordance
with the DEC Licensing and Registering the Storage of Flammables, Combustibles
and Explosives Requirements, Policies and Procedures. A license for the storage
of flammable or combustible fluids in quantities in excess of those allowed
under 527 CMR 14.03: Storage shall be obtained from the
DEC.
(b) In accordance with 527 CMR
6.08(b), propane gas stored in excess of 2,000 gal. also requires a license.
Storage of Explosives may also require a license in accordance with
527 CMR
13.00: Explosives.
(c) All license applications are subject to a
Level 2 Review under
974 CMR 1.04:
Level One Review and require a public hearing. State form
FP-2A on the MA Department of Fire Services website shall accompany the DEC
Level 2 Permit Application. Devens Fire Department sign off on the License
application is required prior to submittal to the DEC.
(d) A separate permit for storage of
flammable or combustible fluids is also required from the Devens Fire
Department and must also accompany the License Application.
(e) The license shall be plainly posted on
the premises.
(f) A parcel of land
may only have one license for the storage of flammable or combustible
fluids.
(g) If the conditions,
capacities or restrictions authorized by a license change, an amended license
shall be obtained. A new Level 2 application shall be submitted to the DEC and
a new public hearing is required. If granted, the amended license supersedes
and replaces the old license, and will show the aggregate total capacities
allowed under the grant. A Certificate of Registration (State Form FP-5) shall
be filed with the DEC by the license holder or occupant of licensed land
annually, before April 30
th. This registration signifies that a
license is in use and currently being exercised. A Certificate of Registration
is considered a Level 1 Review (Administrative Approval). If a registration is
not applied for and issued annually by May 30th, it
may be viewed as cessation and cause for review and termination of the license.
A registration shall be posted on the premises in a way in which it is
visible.
(7) Storage, Transportation and Handling of Radioactive Materials and Medical/Research Wastes in Accordance with 42 U.S.C. §§ 2011 through 2296, M.G.L. chs. 111H and 94 B, and 105 CMR 120.00: Massachusetts Regulations for the Control of Radiation (MRCR): Reserved.
(8) Floor drains in accordance with applicable state ( 310 CMR 27.00: Underground Water Source Protection underground injection control) regulations and applicable federal laws and regulations, no floor drain(s) shall discharge to the ground, a leaching structure, or septic system in any facility. All floor drains shall connect to the sanitary sewer. All existing facilities with floor drains shall comply with 974 CMR 8.08: Facilities with Existing Floor Drains.
(9) Use of Pesticides and Herbicides in Accordance with M.G.L. c. 128 § 64, 330 CMR 15.00: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Trans-port and Disposal of Septage: Reserved.
(10) Penalties. Failure to comply with provisions of 974 CMR 4.00 may result in enforcement action ( 974 CMR 1.14: Enforcement).
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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