Water Ordinances Comparison Chart

Brownfield Water Ordinances Comparison Chart
What is being proposed? Vote to accept the proposed 2019 Water Extraction Ordinance in replacement of the current 2004 Water Extraction Ordinance. The Table below outlines the more significant changes between the Current Ordinance and the Proposed Ordinance. 

Item

Current 2004 Ordinance

2019 Proposed Ordinance

2004 Water Extraction Ordinance

(Small-scale Extractions) 

(Large-Scale Extractions)

When is a permit Required? Extractions of over 1,000 gal/day Extractions of 2,000 – 9,999 gal/day Extractions of 10,000 – 20,000 gal/day 
Must the permit be renewed annually? YES, with review and approval by CEO YES, with review and approval by Planning Board YES,with review and approval by Planning Board
Is there a cap on withdrawals? NO YES: 9,999 gal/day cap (in aggregate) YES: 20,000 gal/day cap (in aggregate)
Who is exempt? – All agriculture
– All non-commercial applications carried on completely within the Town
All commercial or non-commercial applications, including agriculture, carried on completely within the Town and whose water-based products are not transported for sale outside of Town
Is there an application fee? NO YES – to be determined by the Town
What Protections are included for the Town?

 

– Applicant pays costs of notification of public hearing, technical and professional services needed by Planning Board to assist in review, and professional and technical services needed by CEO to monitor construction, site inspection, and records review.
– No financial responsibility specified for cost of appeal.
– Adds a replenishing escrow fee of $2500 for small-scale applications and $5,000 for large-scale applications to cover Town costs and administrative, technical and professional services.
-Adds an appeal application fee to be determined by the Town and a replenishing escrow fee of $1,000 to cover expenses related to appeal.
What protections are included for the aquifer? -A number of performance standards addressing water quality and quantity and surrounding impacts of the operation.
-No monitoring or water testing plan.
– 9,999 gal/day cap on withdrawals
-A number of performance standards addressing water quality and quantity and surrounding impacts of the operation.
– 1 test well is required.
– 20,000 gal/day cap on withdrawals
-More detailed performance standards addressing water quality and quantity and surrounding impacts of the operation.
-Testing required to establish baseline measures prior to operation.
– Cease and desist from pumping if ground water level drops 3” or more in monitoring wells and may resume at 2”.
– Testing of monitoring wells. Report on rainfall, pumping water levels, and information on 19 water parameters, including frequent and consistent measures of water quality and quantity.
What protections are included for the Community? – Requires analysis of traffic, expected sound level and vibration, but does not offer protection. – Offers protection from adverse impacts, such as,  traffic circulation and congestion, and safeguards against the degradation of roads. – Offers protection from additional adverse impacts, including  traffic volume, noise and vibration, glare from lights, and other nuisance conditions. 
Are there limits on hours of operation? NO NO YES: 7:00 am to 7:00 pm
Includes extraction activities and truck traffic
ADDITIONAL PROVISIONS
Sketch Plan/On-site Inspection Requirement of Applicant NONE – Requires sketch plan, public meeting, and on-site inspection by the Planning Board. (Public allowed)
-Applicant presents general information to the Planning Board and receives their comments prior to the expenditure of substantial sums of money on the application process by the applicant.
Evidence of Applicant’s Right to Property NONE – Adds requirement for evidence of applicant’s right to all property involved.
Hydrogeologic Investigation  – Requires map and description of aquifer characteristics. – Requires map and description of aquifer characteristics.  – Requires map and description of aquifer characteristics.
– Adds assessment of cumulative impacts of all extractions, results of pumping tests and impact on water levels, and potential disturbance of minerals and associated health hazards (drinking water turbidity, clarity, aroma.)
Pipelines NOT ADDRESSED NOT ADDRESSED – Adds standards to protect residents in the event of a pipeline extraction scenario.

For pdf copy: Brownfield Water Ordinances Comparison Chart