Restrictions on tap for aquifer areas

published in the Current 

SCARBOROUGH – The Scarborough Town Council is on track to impose new limits on homeowners and businesses within 10 newly proposed "aquifer protection districts."

The largest of the restricted-use areas, all based on Maine Geological Survey maps, is in North Scarborough, between Gorham and County roads. Smaller protection districts lie on both sides of Broadturn Road, off the Haigis Parkway and near Mussey Road, with slightly larger districts in the areas of Pleasant Hill and Black Point roads.

"There's higher stormwater management standards than current DEP (Department of Environmental Protection) and town standards for these aquifer areas," said Dan Bacon, town planner.

If Scarborough's zoning ordinance is amended, no new gas stations would be allowed in any of the protected areas. Also zoned out of existence would be any ability to expand existing storage of "petroleum-based products."  Although the proposed amendment does not specifically prohibit gas stations, it does limit storage of any fuels not meant to be used on site to 100 gallons.

Council members appeared to react warmly to the proposal at their April 20 meeting – "I think this is wonderful," said Councilor Karen D'Andrea.  Final reading and enactment of the zoning update is scheduled for the next council meeting, at 7 p.m. on Wednesday, May 4.

According to Bacon, the changes will apply to new construction and building permits.

"This ordinance is really trying to prevent future contamination," he said.  "It's not aimed at mitigating existing issues. If there are any existing issues, DEP would take the lead on any remedy.

"It's really intended to be a preventative ordinance," said Bacon, "to prevent contamination through things such as heating oil from fuel tanks in individual people's homes, commercial chemicals and petroleum products, and larger septic systems that serve, say, restaurants and multi-family housing in un-sewered areas, as well as untreated stormwater runoff."

According to Bacon, the aquifer protection districts were born in the Comprehensive Plan Implementation Committee (CPIC) earlier this year.

"In the comprehensive plan, it highlights the need to protect both the quality and quantity of town drinking water, given their vulnerability due to porous soils," he said, noting that homes in the newly restricted areas are not served by town water and sewage services.

"When the (CPI) committee was rezoning in the North Scarborough area, there was concern about new development impacting this important ground-water resource," said Bacon.  "After reviewing state regulations, it was felt that they were somewhat 'scattered' and, also, they were not locally enforceable.  So, it began work to prevent any contamination in those areas."

In addition to the ban on new gas stations and expanded petroleum storage, the aquifer protection districts also would feature higher standards for home fuel tanks (including a requirement for double-linings), new rules on the storage and use of chemicals, and permit denial on any septic system of more than 1,250 gallons until the owner proves nitrate concentrations will not exceed 5 mg/L.

Also, with the exception of sump pumps, any new floor drain will have to be registered with the state, and any geothermal heating unit designed to draw more than 2,000 gallons per day will not be allowed without proof that it will not "adversely impact" the quality or quantity of groundwater. A stormwater treatment plan will be required of anyone disturbing more than 10,000 square feet of land for non-agricultural purposes.

Finally, any commercial use of manure or fertilizers would require adherence to best management practices of the DEP "and/or" the Department of Agriculture.

This last requirement drew criticism at last week’s meeting from Councilor Richard Sullivan, who wondered aloud if citizens would be buffeted between the two departments, and which one would prevail in any dispute over whose best practices really were best.

"Before the second reading, we can clarify that," said Bacon.

Also ripe for clarification, Bacon said, either in time for final adoption or as an additional amendment shortly thereafter, are even "better treatment standards for runoff" and a greater delineation on allowable standards for residential, versus commercial, uses.

What does appear to be set in stone, however, are the borders of each protection district.

Asked by Councilor Michael Wood if the districts would become a "moving target" over time, Bacon replied, "There may be minor adjustments based on new information, but not dramatic changes."