Chapter 5.28 Surface and Groundwater Protection

Sections
5.28.010     Authority
5.28.020     Purpose
5.28.030     Inventory of potential contamination sources (PCSs)
5.28.040     Local groundwater and surface water protection management program [Amended, January 10, 2011]
5.28.050     Other regulations

5.28.010  Authority
The health ordinance codified in this chapter was recommended by the health officer and approved by the board of health of Milford under the authority granted in NH RSA 147:1, entitled “Local Regulations.” (Ord. 9-20-99, § I)

5.28.020  Purpose
To provide for the prevention of groundwater pollution of the town’s only remaining municipal source of drinking water and protection of other potential sources of drinking water. (Ord. 9-20-99, § II)

5.28.030  Inventory of potential contamination sources (PCSs)
An inventory of potential contamination sources that are located within the stratified drift aquifer and potential drainage to all surface waters was prepared prior to the adoption of the health ordinance codified in this chapter.

  1. Place of Filing. The inventory, which is on file in the office of the health officer, is available for public review during regular business hours.
  2. Inventory Update. The health officer shall update the inventory of potential contamination sources at least once every three years. (Ord. 9-20-99, § III)

5.28.040 Local groundwater and surface water protection management program

  1. Applicability.
    1. This chapter shall apply to all land uses that are referenced in Section 5.28.030 as potential contamination sources located within the following areas in the town.
    2.  The Wellhead Protection District is delineated on a map that is available for public viewing in the Office of Community Development, Town Hall.
  2. Best Management Practices (BMPs) Required. Best Management Practices described in NH Department of Environmental Services Environmental Fact Sheet WD-DWGB22-4 2009 or as subsequently amended of this Health Code and State Administrative Rules ENV-WS 421, or as subsequently amended shall be utilized by all potential contamination sources in New Hampshire inaccordance with the Groundwater Protection Act of 1991, including those located within the area delineated for protection in Milford.
  3. Notification of Potential Contamination Sources Landowners. Each potential contamination source owner shall receive a notification letter from the health officer at least once every three years which indicates:
    1. The date when the health officer will perform the next site inspection;
    2. The purpose of that inspection; and
    3. A statement that activities performed on site are subject to the Best Management Practices required by subsection B of this section.
  4. Site Inspection Required.
    1. The local health officer shall inspect all potential contamination sources located within areas of groundwater and surface waters in order to insure compliance with Best Management Practices at intervals not to exceed once every three years.
    2. The health officer shall fill out an inspection form upon completion of each inspection. The health officer, at no cost to the owner, shall perform the initial inspection. One copy of the form shall be provided to the potential contamination source owner and one copy shall be kept in the official records of the health officer.
  5. Determination of compliance with or violation of Best Management Practices.
    1. Certificate of Compliance.
      1. A certificate of compliance shall be issued by the health officer, if the potential contamination source is found to employ Best Management Practices, based upon a site inspection performed in accordance with subsection D of this section. The certificate shall be good for a period of three years.
      2. A certificate of compliance, issued in accordance with this chapter, is not intended in any way to limit the powers of the health officer to enter property to perform additional inspections for the purpose of administration of this chapter.
    2. Written warning of violation.
      1. A written warning of violation shall be issued by the health officer:
        1. If the potential contamination source is found not to employ Best Management Practices, in accordance with subsection B of this section; and
          1. The violation is not an immediate threat to public health and safety in the opinion of the health officer.
      2. The written warning shall:
        1. Specify the actions or conditions which violate Best Management Practices;
        2. Identify what needs to be done to correct the violation(s); and
        3. Specify a reasonable timeframe within which the violation shall be corrected.
      3. One copy of the written warning shall be provided to the potential contamination source owner and one shall be kept in the official records of the health officer.
    3. Removal Order.
      1. A removal order shall be issued by the health officer:
        1. If the potential contamination source is found not. to employ Best Management Practices in accordance with subsection B of this section and an immediate threat to public health and safety exists, in the opinion of the health officer; or
        2. If a violation is not corrected within the timeframe specified in a written warning issued by the health officer.
      2. The removal order shall:
        1. Specify the actions or conditions which violate Best Management Practices;
        2. Identify what needs to be done to correct the violation(s); and
        3. Specify the timeframe within which the violation shall be corrected, based on the degree of threat to public health and safety.
      3. One copy of the removal order shall be provided to the potential contamination source owner and one shall be kept in the official records of the health officer.
  6. Enforcement of Best Management Practices.
    1. The board of health of the town shall be responsible for enforcement of the provisions of this chapter.
    2. In the event that the owner or operator of a facility fails to comply with a removal order issued under subsection (E)(III) of this section within the specified time period, the health officer shall have the authority to cause the nuisance to be removed or destroyed.
    3. In the event that the owner or operator of a facility fails to comply with a removal order issued under subsection (E)(III) of this section within the specified time period, the health officer shall have the authority to commence an action for collection of nuisance abatement costs in accordance with NH RSA 147:7-b.
  7. Fee for Site Re-inspection. There shall be a fee for re-inspection of noncompliant potential contamination sources, to be determined by the board of health. The owner or operator of the facility will pay the fee. A fee schedule shall be established by the board of health, which reasonably represents the cost of performing an inspection on various types of facilities. The procedure for adoption of the fee schedule shall be as provided for in NH RSA 41-9:a. (Ord. 2010-016, 01-10-11 – amended Art. A:I, A:II, & B; Ord. 9-20-99, § IV)

5.28.050 Other regulations
When the provisions specified in this chapter for groundwater and surface water protection conflict with those of other ordinances or regulations, the most stringent requirements shall apply. (Ord. 9-20-99, § V)