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Westerly
Town of Westerly Zoning Ordinance
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§ 260-52

Aquifer and Wellhead Protection Overlay District

[Amended 9-27-1999 by Ch. No. 1276; 8-19-2019 by Ch. No. 1975; 9-11-2000 by Ch. No. 1320; 10-26-2020 by Ch. No. 1997; 11-22-2021 by Ch. No. 2011]

  • A. Purposes. The groundwater underlying the Town is the sole source of its existing and future drinking water supply. Discharges of toxic and hazardous materials and sewage threaten the quality of such groundwater supplies and related water resources, posing potential public health and safety hazards and threatening economic losses to the community. Thus, the purpose of this Aquifer and Wellhead Protection Overlay District (the District) is to protect the Town's high quality groundwater aquifers and wellhead protection areas from contamination through incompatible land uses; to protect, preserve, and maintain the quality and quantity of the groundwater supply; and to protect the health, safety, and welfare of the public. The areas that need protection include the public supply wells, community and noncommunity wellhead protection areas, groundwater reservoirs, and associated GAA groundwater recharge areas.
  • B. Definitions. Unless specified below or in § 260-9 of this chapter, the terms and phrases used in this section shall be defined in the same manner that they are defined, and amended, by the regulations of the Rhode Island Department of Environmental Management (RIDEM). See RIDEM Groundwater Quality Rules 250-RICR-150-05-3.

    AQUIFER PROTECTION PERMIT — A permit granted by the Zoning Board of Review to allow a use (or activity) designated by the letter "Q" in the Wellhead Protection Zone (WPZ) or the Aquifer Protection Zone (APZ) in the Zoning District Use Tables, Ch. 260 Attachment 11, or identified in Subsection F of this section.

    AQUIFER PROTECTION ZONE — Those areas depicted on the Official Zoning Map for the Town of Westerly intended to capture and protect important areas of the Town's water supply from contamination. These areas generally include groundwater recharge areas providing GAA classified groundwater. GAA classified groundwater, as defined in R.I.G.L. § 46-13.1-4(a)(1), is groundwater sources suitable for public drinking water use without treatment.

    BEST MANAGEMENT PRACTICE WORK PLAN (BMP) — A schedule of activities, prohibition of practices, maintenance procedures, and other management practices designed to prevent or reduce the degradation of the Town's groundwater quality to the maximum extent possible.

    CONTAINMENT STRUCTURE — A structure designed, built, and maintained for the purpose of sufficiently enclosing an aboveground storage tank or individual storage containers (e.g., drums) to contain spills until spill cleanup, which precludes entry of water and other materials not intended for storage therein, and from which entry by unauthorized persons is prevented.

    LAND USES WITH HIGHER POTENTIAL LOADS (LUHPPLs) — Areas where the land use has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. See 250-RICR-150-10-8, Stormwater. LUHPPLs include those land uses and activities identified in Table 3-2 of the Rhode Island Stormwater Design and Installation Standards Manual (2015) as requiring the use of specific source control and pollution prevention measures, which include industrial uses, auto fueling facilities, vehicle service, maintenance and equipment cleaning, road salt storage and loading areas, and outdoor storage and loading/unloading of hazardous substances.

    LOW-IMPACT DEVELOPMENT (LID) — A site planning and design strategy intended to maintain or replicate predevelopment hydrology through the use of site planning, source control, and small-scale practices integrated throughout the site to prevent, infiltrate, and manage runoff as close to its source as possible. See 250-RICR-150-10-8, Stormwater. The goal of LID is to the maximum extent practicable: 1) avoid increased runoff by protecting or restoring natural areas; 2) reduce runoff by limiting impervious cover and using pervious pavement; and 3) manage runoff using small-scale, vegetated treatment systems such as rain gardens and grassed swales.

    UNDERGROUND STORAGE TANK (UST) — Any underground tank, and associated components, including piping, used to contain, transport, or store regulated substances whose volume is 10% or more beneath the surface of the ground. Regulated substances include hazardous materials and hazardous wastes, such as petroleum and petroleum-based substances, acetone, ethanol, ethylene oxide, methanol, methylene chloride, and perchloroethylene. See 250-RICR-140-25-1, Section 1.5(A).

    WELLHEAD PROTECTION ZONE — Those areas depicted on the Official Zoning Map for the Town of Westerly intended to capture and protect critical areas of the Town's water supply from contamination and includes the critical portion of a three-dimensional zone surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the Director of the RIDEM and which may be periodically updated and are available through RIGIS. These areas generally include community and noncommunity wellhead protection areas. See also the RIDEM Groundwater Protection Rules which include groundwater classification and wellhead protection area maps.

    • (1) COMMUNITY WELLHEAD PROTECTION AREAA portion of an aquifer through which groundwater moves to a community well that serves a community water system serving year-round residents with at least 15 service connections used by year-round residents or at least 25 individual year-round residents.
    • (2) NONCOMMUNITY WELLHEAD PROTECTION AREAA portion of an aquifer through which groundwater moves to a noncommunity well serving a public water system that is not a community well. Noncommunity wells may serve communities of at least 25 people for a least 60 days of the year.
  • C. Designation. The Aquifer and Wellhead Protection Overlay District (the District) shall be defined as lots of record, or portions thereof, which are indicated as major stratified drift aquifers and their recharge areas (GAA classified groundwater), community wellhead protection areas, and noncommunity wellhead protection areas. The character of soils and subsoil conditions in these areas is such that any use introducing pollutants, contaminants or wastes into the natural drainage system could adversely affect the quality of municipal drinking water sources.
    • (1) The District is composed of a Wellhead Protection Zone (WPZ) and an Aquifer Protection Zone (APZ). The District, and the WPZ and APZ, are identified on the Official Zoning Map that is part of this chapter, on file in the Town Clerk's Office, and on display in the Zoning Office.
    • (2) The Official Zoning Map of the District is based upon natural topography and estimated groundwater recharge flow lines, not property boundaries, and boundaries are delineated on the following RIDEM maps which are incorporated by reference. The boundaries of the water supply basin and subwatersheds are delineated by the RIDEM using the United States Geological Survey 7.5-minute quadrangle maps (1:24,000 scale), and amendments thereto. The primary groundwater protection areas are delineated by the RIDEM pursuant to the methodology described in the Groundwater Quality Rules, 250-RICR-150-05-3, January 9, 2019, and amendments thereto. All District boundaries are available through the Rhode Island Geographic Information System (RIGIS). The boundaries of the District, and therefore the Official Zoning Map, are concurrently and automatically revised based upon improved data and refined delineations provided by the RIDEM through amendments to the Groundwater Quality Rules and RIGIS updates. This includes updates when community and noncommunity wells are approved by RIDEM or the Rhode Island Department of Health.
    • (3) When a lot is partially within the overlay district, the entire lot shall be considered to be located within the overlay district for application purposes.
  • D. Preemption. The Aquifer and Wellhead Protection Overlay District is superimposed over any underlying zoning district established by this chapter. The regulations imposed within the District shall apply in addition to the regulations of the underlying zoning district. In the event of a conflict or inconsistency between the regulations imposed within the District and those imposed by the underlying zoning district, the regulations imposed by § 260-52 shall govern. Where a new public water supply well(s) is licensed or approved, the new well and associated land use activities shall be subject to all standards and requirements of this section.
  • E. Prohibited activities in the District. In addition to the prohibited uses which are identified in Zoning District Use Tables, Ch. 260 Attachment 11:
    • (1) The following activities shall be prohibited in the APZ and WPZ:
      • (a) Underground storage tank (UST) installations;
      • (b) Use of hazardous materials while conducting fire suppression training, fire suppression cleanup, and storage of fire suppression materials classified as hazardous, including PFOS/PFOA and related chemicals;
      • (c) Uncovered solid waste storage (i.e., dumpsters) associated with any use, which may result in discharge of waste to the environment;
      • (d) Storage of road salt and/or deicing materials, unless in accordance with 250-RICR-150-05-3 Groundwater Quality Rules Section 3.8 and Subsections H(2) and I of this section;
      • (e) Interior floor drains designed to permit fluid from any interior space to be discharged into or onto the ground, unless in accord with Section H(4) of this section;
      • (f) Discharge of sewage, liquid waste and/or wastewater, except for discharge of sanitary waste in accordance with a RIDEM-approved on-site wastewater treatment system. This prohibition does not apply to stormwater runoff which is permitted in accord with Subsections F(4) and H(5) of this section;
      • (g) Land disposal of sewage sludge and septage; and
      • (h) Animal waste storage on farms.
    • (2) The following activities shall be prohibited in the WPZ:
      • (a) Parking of vehicles used for storage or delivery of fuel oil, gasoline or other petroleum products or hazardous materials for greater than two hours in any twenty-four-hour period.
  • F. Activities requiring an aquifer protection permit. In addition to the uses permitted with an aquifer protection permit which are identified in Zoning District Use Tables, Ch. 260 Attachment 11, the following associated activities require an aquifer permit in the District:
    • (1) Use and/or storage of solid waste, hazardous or toxic waste/materials, and petroleum products, which require a BMP work plan;
    • (2) On-site wastewater treatment systems or multiple systems serving the same use that exceed 2,000 gallons per day maximum daily design flow;
    • (3) Car washing activities (except incidental to residential uses); and
    • (4) Stormwater runoff with potential contamination from hazardous or toxic waste, petroleum product, or deicing materials, which must be treated in accordance with specific guidelines and may require submission of a BMP work plan.
  • G. Aquifer protection permits. In accord with the authority vested to the Town in R.I.G.L. § 45-24-42, an aquifer protection permit shall be required for those uses, as identified on the Zoning District Use Tables, Chapter 260 Attachment 11, as "Q," and as identified in Subsection F above, when located within the District. An aquifer protection permit shall be in addition to any other relief the applicant/owner is required to obtain.
    • (1) Application.
      • (a) 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 Zoning Office an application describing the request, together with the pertinent application fee.
      • (b) The form and such data and/or evidence which comprise such an application shall be as set forth in forms provided by the Zoning Official.
        • [1] The Zoning Official shall have the authority to waive submission of any portion of the application. The Zoning Official's decision to waive submission of any portion of the application, or to deny a request to waive any required submission, may be appealed in accord with Article VIII of the Zoning Ordinance.
        • [2] Each application for an aquifer protection permit shall, at a minimum, require the following items be submitted:
          • [a] The original application and 10 copies of a site plan prepared by a land use design professional, such as a professional engineer, land surveyor or architect licensed in the State of Rhode Island and to the extent allowed by their professional license, at a scale of not less than one inch equals 40 feet, clearly showing the following:
            • [i] Name and address of property owner(s);
            • [ii] Date, North arrow, graphic scale, lot dimensions and area in square feet or acres;
            • [iii] Plat and lot, zoning district(s) and front, side and rear yard setbacks;
            • [iv] Existing and proposed structures, and their relationship and distances from lot boundary lines;
            • [v] FEMA flood hazard zone, wetlands and coastal features boundaries, if present;
            • [vi] Existing and proposed topography at two-foot intervals;
            • [vii] Existing and proposed driveways, parking areas and walkways;
            • [viii] Existing and proposed landscaping, as it relates to the request;
            • [ix] Existing streets, 911 address, wells, septic system; and
            • [x] Any peculiar site conditions or features.
          • [b] List of names and addresses of all property owners within 200 feet of the subject property, and 10 copies of a separate map showing all property owners within 200 feet of the subject property and/or all those property owners and entities that require notice under R.I.G.L. § 45-24-53, also depicting any zone district boundary and uses of all neighboring properties.
          • [c] Letter from a biologist indicating that there are no coastal or freshwater wetlands on or in proximity to the site. In cases where the application is regulated by the Rhode Island Freshwater Wetlands Act or the Rhode Island Coastal Resources Management Council ("CRMC"), a physical alteration permit issued by the Rhode Island Department of Environmental Management ("RIDEM") and, where applicable, the United States Army Corps of Engineers shall be required.
          • [d] Where construction requires approval by RIDEM Office of Water Resources for an OWTS (on-site wastewater treatment system) or change of use permit for the proposed activity, attach a copy of the required application.
          • [e] Soil erosion and stormwater control plan with supporting calculations based on standards approved by the USDA Natural Resources Conservation Service and in conformity with the Rhode Island Erosion and Sediment Control Handbook.
          • [f] Evidence that there is sufficient water supply to support the proposed activity and that this supply is of drinking water quality.
        • [3] Each application form for an aquifer protection permit shall, at a minimum, require the following:
          • [a] Name and address of applicant, property owner, and lessee.
          • [b] Location of the lot given as the street address, tax assessor's plat and lot number, and 911 address.
          • [c] Zoning district the lot is located in.
          • [d] Dimensions of the lot, in feet, to include frontage, depth, and area.
          • [e] Present and proposed use of the lot.
          • [f] Identification of all structures on the lot, including their size in feet.
          • [g] How long the current owner has owned the lot.
          • [h] The year that the lot was platted and recorded.
          • [i] Whether the owner or applicant has received a notice of violation for this or any property in the Town of Westerly and the status of that alleged violation. If a notice of violation was issued, a copy is to be attached to the application.
          • [j] Whether you have submitted plans related to this request to the Zoning Official.
          • [k] Whether you have requested a permit related to this request and, if so, whether the permit has been refused. If the permit request was refused, a copy of the written denial is to be attached.
          • [l] Identification of the section of the Zoning Ordinance under which this application is filed.
          • [m] Describe in detail the wastewater generated by the proposed activity.
          • [n] Describe in detail the stormwater runoff generated by the proposed activity;
          • [o] List and describe in detail all chemicals, solvents, detergents, petroleum products, etc. (including but not limited to all substances required to be identified by the Rhode Island Right to Know Law, R.I.G.L. § 28-21-1 et seq.), to be stored or used on the premises and the precautions and/or container systems proposed.
          • [p] A specific statement of the grounds for which the relief is sought.
          • [q] Identification of, and explanation for, the application submission(s) that the applicant seeks to have waived.
          • [r] The application is to be signed by the applicant or owner.
        • [4] Upon receipt of a completed application and all required submissions, the Zoning Official shall:
          • [a] Transmit a copy to the Zoning Board and Town Planner;
          • [b] Order the matter for advertisement in accord with the Rhode Island General Laws and Zoning Ordinance for the next practicable meeting of the Zoning Board; and
          • [c] Notify the applicant that the application has been determined complete and the date it is scheduled to be heard by the Zoning Board.
        • [5] The Zoning Board shall have the authority to require additional materials reasonably related to its analysis of the application.
    • (2) Notice and hearing. See § 260-34C, Special use permits, for notice and hearing requirements.
    • (3) Findings of Zoning Board. In granting an aquifer protection permit, the Zoning Board shall be satisfied by legally competent, and scientifically valid, evidence that all best practices and procedures to minimize the possibility of any adverse effects on the aquifer have been considered and will be employed, including but not limited to considerations of soil erosion, water supply protection, septic disposal, and wetland protection. Positive findings must be made regarding the following:
      • (a) Adequacy and suitability of the site for the proposed use, including the availability of utilities and other public services.
      • (b) The simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality and/or quantity that would result if proposed control measures were to fail.
      • (c) Obtaining and maintaining all required federal and state licenses.
      • (d) Adequacy of sewage disposal method, considering the need for advanced wastewater treatment and use of alternative pressurized and time-dosed drainfields to protect water sources (shallow, narrow drainfields should be used to provide better treatment, rather than bottomless sand filters, where water table allows).
      • (e) Use of low-impact development (LID) is required to the maximum extent practicable, including avoiding disturbance of natural areas, reducing impervious cover, and use of small-scale stormwater best management practices located close to where runoff is generated. (See Rhode Island Low Impact Development Site Planning and Design Guidance Manual prepared by RIDEM and CRMC for guidance.)
      • (f) Soil erosion and sediment control plans designed using all applicable measures in the Rhode Island Soil Erosion and Sediment Control (SESC) Handbook (Rhode Island State Conservation Committee, 2016) and subsequent updates and in compliance with all RIDEM minimum standards for construction site stormwater management (RIDEM Stormwater Rules).
      • (g) Provisions for protecting and restoring natural buffers that maximize protection of wetlands and surface water bodies.
      • (h) Mitigation of the impact on public and private water supplies to the greatest extent possible.
      • (i) Adequate and available proposed groundwater withdrawals, considering the quantity and quality of supply potentially available for the intended use (and potential impacts to wetlands and surrounding properties).
      • (j) Proper storage of any potentially hazardous material and a hazardous materials contingency plan for these materials.
      • (k) The ability to meet the standards contained in the 250-RICR-150-05-3, Groundwater Quality Rules Section 3.11 "Groundwater Quality Standards and Preventive Action Limits," pertaining to GAA and GA classified groundwater areas.
    • (4) Expert testimony. At the request of the Zoning Board, the Town may engage a professional civil engineer, hydrologist, geologist, soil scientist, or other appropriate professional for outside expertise, at the expense of the applicant, to provide findings and recommendations, including a statement of general consistency of the application with the goals and purposes of this section. Said findings shall be provided to the Zoning Board and applicant and shall be a public document available for review in the office of the Zoning Official.
  • H. Specific design standards. The following specific site design and construction standards shall be required for all new and substantially reconstructed uses (as defined by the State of Rhode Island Building Code), other than one- or two-household residential uses within the District.
    • (1) Use and/or storage of solid waste, hazardous or toxic waste/materials, petroleum products, and chemicals (including fertilizers, pesticides, and herbicides). In addition to the following, use and storage of such materials in the WPZ or APZ may require a best management plan work plan (see Subsection I).
      • (a) Solid waste storage must be contained in a covered dumpster with drain plugs intact. Dumpsters must be properly maintained and emptied in a manner such that no solid waste is discharged to the environment.
      • (b) Storage of hazardous or toxic waste or materials and/or petroleum products (significant or insignificant quantities), where permitted, shall be contained in accordance with the following:
        • [1] Outdoor storage of hazardous or toxic materials or petroleum is prohibited, unless the Fire District Chief has determined that indoor storage would create a fire hazard, in which case an aquifer protection permit shall be required.
        • [2] Storage tanks shall be located within a building having roofing, walls, and floor(s) constructed of such materials as to render said building weather tight, and within a containment structure so as to prevent leakage of such products or materials into or onto the ground.
        • [3] Excluding portable fuel tanks for agricultural uses, storage tanks may be located outdoors provided they are located within a containment structure that has an impermeable base and surrounding barrier.
        • [4] Storage of heating fuel shall not exceed 500 gallons, except for storage regulated and permitted by RIDEM.
        • [5] The containment structure shall be designed such that:
          • [a] It is constructed of materials that are impermeable and compatible to the material being contained.
          • [b] It will contain greater than 110% of the capacity of the largest tank. If the containment structure is for individual containers, e.g., drums, it shall be designed to contain greater than 10% of the total volume of all the containers or the volume of the largest container, whichever is greater.
          • [c] Outdoor storage shall additionally be covered to protect the tanks and prevent accumulation of precipitation within the barriers. Where roofing is not practical, the containment structure shall be designed with an additional capacity sufficient to contain precipitation from a twenty-five-year, twenty-four-hour, rainfall event. Runoff from the containment shall be controlled by means of pumps, siphons or piping designed to eliminate discharge of contaminated water into the environment in the event of a spill or have a drain valve which will allow clear stormwater to be manually released as needed.
    • (2) Storage of road salt and/or deicing material. Storage of road salt and/or deicing material (salt/sand mixtures) is prohibited in both the Wellhead and Aquifer Protection Zones unless the storage of these materials is in accord with 250-RICR-150-05-3, Groundwater Quality Rules, Section 3.8, "Prohibitions and Other General Requirements." Per Section 3.8, storage must meet the following conditions:
      • (a) A secured, durable, waterproof cover over an impermeable base is required for all storage areas;
      • (b) If the pile is larger than 100 cubic yards, materials must be stored within a weatherproof structure; and
      • (c) A BMP work plan must be implemented to control runoff from the operational area around the storage area.
    • (3) Car washing facilities. Except incidental to residential uses, washing of motor vehicles requires an aquifer protection permit. Car washing facilities may be permitted by aquifer protection permit only if using recycled water and not discharging to the environment.
    • (4) Interior floor drains. Interior floor drains designed to permit fluid from any interior space to be discharged into or onto the ground shall be prohibited. Such interior floor drains may be permitted if designed to empty into an aboveground storage tank, capable of completely containing anticipated flows. Such tanks, if provided, shall:
      • (a) Not exceed 300 gallons of capacity;
      • (b) Shall be located in a basement or cellar, above the surface of floor, and the floor shall be constructed of concrete or contain a membrane liner capable of containing spills;
      • (c) If the basement or cellar floor is dirt, the tank shall be protected from the elements, rust-proofing shall be applied to the tank, and the tank shall be anchored to a concrete foundation capable of supporting the tank and which is larger than the tank in length and width to prevent leaks onto pervious surfaces;
      • (d) If the tank exceeds 300 gallons of capacity, but has less than 10,000 gallons of capacity, it shall be governed by § 260-52H(1)(b); and
      • (e) If the tank exceeds 10,000 gallons of capacity, the applicant shall be required to obtain an aquifer protection permit.
    • (5) Stormwater management. Site design and construction standards shall follow, where applicable, the standards of the Rhode Island Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8), recommendations and guidelines as provided in the Rhode Island Stormwater Design and Installation Standards Manual, 2015 and Rhode Island SESC Handbook (Rhode Island State Conservation Committee, 2016), as amended. These stormwater management requirements shall incorporate best management practices to meet all DEM minimum standards, including low-impact development (LID) as the primary means to avoid site disturbance, reduce impervious cover, and minimize runoff to the maximum extent practicable, and be designed to be effective in maintaining predevelopment groundwater recharge, and pollutant removal sufficient to maintain existing groundwater quality conditions, and without measurable impacts to groundwater and surface water resources. They shall be commensurate with the size and nature of the proposed use and designed for ease of access and low maintenance.
      • (a) Rainwater collected upon permanent roofing over 1,500 square feet in total area per lot shall be directed into dry wells, injection wells, or underground leaching galleys or otherwise diverted to a permeable ground surface, so as to encourage recharge of the groundwater; provided, however, that such rainwater shall not be mixed with stormwater runoff from any land uses with higher pollution potential (LUHPPL) prior to discharge into or onto the ground.
      • (b) In addition to the requirements of Chapter 224, Stormwater Management, of the Town of Westerly Code, stormwater runoff from LUHPPLs (paved high-use parking lots, loading areas, storage and operating areas, and other impervious surfaces subject to contamination from road deicing materials or petroleum products) shall be treated in accordance with the "Acceptable BMPs for Use at LUHPPLs," Table 3-3 of the Rhode Island Stormwater Design and Installation Standards Manual, 2015. At a minimum, RIDEM standards for treatment of such stormwater discharges from land uses with higher potential loads (LUHPPLs) must be met or exceeded (250 RICR-150-10-8, 8.14 Minimum Standard 8, acceptable stormwater management practices listed in RIDEM Stormwater Manual Table 8.14). Such BMP work plans may include:
        • [1] Wet vegetated treatment systems (WVTS), such as shallow WVTS, gravel WVTS, and permeable paving;
        • [2] Filtering practices, such as sand filters, organic filters, and bioretention;
        • [3] Green roofs; and
        • [4] Open channels.
    • (6) Vegetation. At least 20% of the area of each lot shall be retained as undisturbed soil and existing vegetation or for disturbed sites, restored soil and native vegetation.
    • (7) Land disturbance for development. Earth removal associated with site development, excluding construction necessary for new farm ponds, new drainage structures, and new farm roads, shall be subject to the following restrictions in the District:
      • (a) A minimum separation distance of four feet between the bottom of the excavation and the seasonal high-water table, as verified by RIDEM, shall be maintained;
      • (b) The installation and regular maintenance of permanent soil erosion and sediment control measures, as outlined in the RI SESC Handbook (Rhode Island State Conservation Committee, 2016), as revised, shall be required, including permanent revegetation of the land surface upon cessation of earth removal operations;
      • (c) Earth removal activities conducted as part of an approved subdivision shall comply with the Rhode Island Stormwater Management Manual, the Westerly Zoning Ordinances, and all other federal, state and Town statutes and regulations; and
      • (d) The adjustment of grade on a lot may be cut or filled up to a maximum of two feet above or below existing grade within the APZ or WPZ.
  • I. Best management practice (BMP) work plan. Where an aquifer protection permit is required and the proposed use involves solid waste, hazardous or toxic waste/materials, petroleum products, chemicals (including fertilizers, pesticides, and herbicides), road salt and/or deicing material, or if state or federal permit, approval, or license is required because the use involves hazardous materials including hazardous waste, a BMP work plan shall be submitted.
    • (1) A BMP work plan shall, at a minimum, include the following:
      • (a) Indication of how the applicant will comply with all applicable design standards identified in § 260-52H.
      • (b) A copy of each item submitted with the application for the aquifer protection permit.
      • (c) A copy of each required state and/or federal permit, approval, or license required for the proposed use along with citation to the statute, law, ordinance, or regulation requiring these documents.
      • (d) List of all chemicals, pesticides, petroleum products, and other hazardous materials and the maximum quantity to be used, stored, transferred, or generated on the premises at any one time accompanied by a description of measures proposed to protect them from vandalism, corrosion, leakage, malfunction, or spill including spill prevention and cleanup procedures and other countermeasures.
      • (e) Description of all hazardous or potentially hazardous wastes to be generated and the system to be used that will collect, store, treat (if necessary) on site, and subsequently dispose of off site, all waste products other than sanitary sewage. Include spill prevention and cleanup procedures to be used.
      • (f) Proposed measures to mitigate any potential adverse impact from hazardous materials or petroleum products spillage on the groundwater or structures feeding the groundwater.
      • (g) 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.
      • (h) 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.
      • (i) Documentation that drums and storage containers will:
        • [1] Be fit with secure lids at all times to prevent spills and leaks;
        • [2] Be stored as full as possible to prevent vapors and the chance of explosion;
        • [3] Have drip pans under spigots; and
        • [4] Have the operator control and absorb material spilled from the tops of the drum.
      • (j) Description of weekly storage area inspections, looking for leaks and for deterioration caused by corrosion or other factors. Inspections shall continue as long as hazardous materials are stored on site and/or containers that may contain traces of hazardous materials remain on site.
        • [1] Inspections shall include recording the inspection in an inspection log and filling out a weekly hazardous material storage area inspection checklist form during the inspection. An example form may be obtained from the Zoning Office.
        • [2] These records shall be kept for at least three years from the date of the inspection and shall be made available to the Zoning Official upon reasonable request.
        • [3] If storage includes hazardous waste for which a weekly hazardous waste storage area inspection checklist form is required to be recorded as per the RIDEM (See Section 2.0 of the Hazardous Waste Compliance Workbook for Rhode Island Hazardous Waste Generators, RIDEM Office of Customer and Technical Assistance and Office of Waste Management, dated December 2015, or the most recent revisions thereto), those records shall also be made available to the Zoning Official after reasonable request.
      • (k) Procedures for clearly labeling containers and tanks as to contents.
      • (l) Procedures for clearly marking hazardous materials generation and storage areas 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.
      • (m) Requirements for 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.
      • (n) Description of areas used for loading and transferring hazardous materials and/or petroleum products to have an impermeable surface and a dike to contain spills or leaks.
      • (o) Demonstration that adequate quantity of spill containment materials will be maintained on hand, documented training in the use of such containment materials and prevention of spills and releases will be provided, and a written plan for proper use and disposal of these materials for all potential spills or releases.
      • (p) 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).
    • (2) Insignificant quantities of materials. The requirements of the BMP work plan do not apply to insignificant quantities of materials on site if, in the opinion of the Zoning Board, the presence of such substance does not constitute a potential for degradation of surface or groundwater resources in the area and such substance is contained in a suitable storage area.
      • (a) To make a determination on the presence of significant quantities of such materials, the applicant shall provide the Zoning Board with a list of all such materials and their respective quantities to be located on site, as well as the written opinions of the RIDEM Division of Air and Hazardous Materials, the RIDEM Division of Agriculture, or the Rhode Island Pesticide Coordinator, as applicable.
      • (b) Insignificant quantities of hazardous materials may be construed as that which are necessary for the operation of a farm, residence, office, or business, including the operation of equipment, vehicles, or other mechanical systems necessary for the operation of a permitted use (e.g., storage of fuel and oil for lawn equipment used for on-site groundskeeping equipment).
    • (3) BMP work plan updates. As a condition of approval, the applicant, and his successors, agree to provide the Zoning Official with an updated BMP work plan every five years and shall annually provide a copy of the weekly inspection reports to the Zoning Official as a condition of renewing their business license. Updates shall include photographs of the current site conditions and specifically include photographs of current condition of each tank, container, and leak/overflow prevention system. The photographs shall be date stamped and shall be of such quality and nature to allow the Zoning Official the ability to assess the conditions.
    • (4) Changes to the BMP work plan. The BMP work plan shall not be altered, amended, or changed in any "material" way unless approved by the Westerly Zoning Board of Review.
      • (a) The determination of whether any alteration, amendment, or change in the approved BMP work plan is "material" shall be made by the Town Zoning Official and the Zoning Board Chairman. The Zoning Official is otherwise conferred with administrative authority to approve "non-material" modifications to a BMP work plan.
      • (b) The applicant and his successors agree to amend the BMP work plan if:
        • [1] A change to the list of hazardous materials and petroleum products is made;
        • [2] Changes are proposed to the methods of handling, storage and disposal of hazardous materials and petroleum products;
        • [3] There is a proposed significant increase in the maximum quantities of hazardous materials and petroleum products involved; or
        • [4] There is potential to significantly increase the impact on the groundwater.
  • J. Dispute of and/or changes to the District boundaries. When the boundaries of the Aquifer Protection Overlay District are in doubt or in dispute, resolution of the dispute shall be sought by means of an application, accompanied by adequate documentation, to the Rhode Island Department of Environmental Management (RIDEM), pursuant to 250-RICR-150-05-3, Groundwater Quality Rules, Section 3.10 "Modification of Groundwater Classification."
  • K. Enforcement. All facilities constructed, and uses allowed, in accordance with § 260-52 shall be maintained by the owner to assure their ability to function as designed. Failure to properly maintain said facilities and uses, including the failure to comply with the BMP work plan or to keep the BMP work plan current, shall constitute a violation of this section and is subject to enforcement action by the Town, in accordance with federal, state, and local regulations, as provided in § 260-26. In addition, as a condition of granting a permit for any such facility or use, the Town is empowered to enter onto the premises to inspect said facilities and use for the purpose of determining their functionality and compliance with this section.
  • L. Nothing contained in this section shall prohibit the Zoning Board of Review from granting variances and/or special use permits under the provisions of this chapter in addition to granting aquifer protection permits.
  • M. The requirements of this section shall not apply to solar installations located on land owned by the municipality.