To ensure an adequate quality and quantity of drinking water for the current and future needs of the Town of Brewster by preserving and protecting existing and potential sources of drinking water supplies;

To identify uses that should be prohibited or allowed only by special permit and to establish performance standards for use and development;

To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen contamination and pollution from stormwater runoff and wastewater;

To regulate Hazardous and Toxic Materials use in order to protect ground- and surface water resources;

To complement the Commonwealth's efforts and regulations governing protection of ground-, surface- and coastal waters;

To preserve the natural land surface providing high-quality recharge to the groundwater; and

To prevent the discharge or leakage of toxic or hazardous substances into surface and groundwater resources.

This article establishes an overlay district and regulating provisions that apply within said district to serve and advance the purposes and interests described in this article. Said overlay district shall be referred to as the Water Quality Protection District (or "WQPD") and encompasses the area shown on the map entitled "Town of Brewster Water Protection District, September 2024," prepared by the Horsley Witten Group, on file with the Town Clerk and incorporated and made a part hereof. The WQPD is comprised of "Zone I" and "Zone II" wellhead protection areas and the Pleasant Bay (Estuarine) Watershed, recognized and mapped by DEP.

The provisions of this article are superimposed over all land within said overlay district, including underlying zoning districts affecting such land. Where this article establishes rules, regulations, requirements, standards or provisions for the overlay district that are stricter or different than the underlying zoning districts, including those uses and structures found in Table 1 of this chapter, the provisions of this article shall control.

Except as set out to the contrary in this article, any use permitted or specially permitted in the underlying district shall be so allowed in the WQPD, subject to the applicable standards or requirements in this article.

Prohibited uses in the WQPD. Use, generation or storage of Hazardous or Toxic Materials, including petroleum products, shall not be allowed as a principal use or activity in the WQPD and shall only be allowed if accessory, subordinate, incidental and customarily related to an allowed use in the WQPD, subject to and in accordance with the applicable provisions of this article and this chapter.

Prohibited uses within Zone I areas of the WQPD. Only water supplier activities, or general municipal or Essential Services uses compatible with and not a significant detrimental impact to such water supply protection and activities, are allowed in the Zone I.

Prohibited uses within Zone II areas of the WQPD. The following uses and development, which may be allowed in other areas of the Town of Brewster or other areas in the Water Quality Protection District, are prohibited in the Zone I and II portions of the Water Quality Protection District.

Uses/Development requiring a Special Permit in WQPD. As might be allowed by right or by special permit in the underlying zoning district or in this article, and unless otherwise exempted or prohibited in this article or elsewhere in this chapter, the following uses and development shall require a special permit from the Planning Board in the WQPD, (see also § 179-51 of this chapter):

The Planning Board may condition a special permit to track and ensure ongoing compliance with the Performance Standards or criteria set out in § 179-51 and 179-57 of this chapter, including without limitation the installation of a water quality monitoring well(s); performance of water quality monitoring; the submission of periodic water quality monitoring well reports; hazardous material site inspections; reporting to the Planning Board at prescribed intervals; time limitations on the special permit; or the requirement for special permit renewal. As might be required and specified by the Planning Board, groundwater monitoring well(s) shall be provided at the expense of the applicant in a manner, number, and location, with well samples taken, analyzed and reports prepared by a Massachusetts certified laboratory that describe the quantity of the pollutant, toxic or hazardous material present in each such monitoring well.

Any Water Quality Certificate previously issued under this article shall continue in force and effect and require review every three years to ensure continued compliance with the Performance Standards set out in § 179-57 of this Chapter, unless the Planning Board determines that no further review is required.

Use and development is subject to the Brewster Board of Health's Nitrogen Loading Regulation which establishes a maximum nitrogen loading standard for properties in the WQPD. The Building Commissioner or Health Agent will review the proposed project and the applicant's nitrogen loading calculations to determine compliance with the required nitrogen loading standard.

Within the Zone I and II areas of the WQPD, all toxic or hazardous materials, including any hazardous wastes, on a site shall be stored in product-tight containers above-ground in a building, enclosed structure or other containment, protected from spill or release. In addition, for sites with such materials greater than Household Quantities, there shall be provisions and protocols for handling; management; protection from corrosion, loss or vandalism; spill containment; cleanup procedures; and emergency response, appropriate to the types and volumes of materials used or stored and other relevant site circumstances; and such sites shall be required to maintain a product inventory of such materials and reconcile said inventory with purchase, use, sales and disposal records at sufficient intervals to detect any potential product spill or loss. Subsurface or other fuel and chemical storage facilities in compliance with applicable state and local health or fire prevention regulations shall be deemed to be in compliance with this standard. Any product loss or spills shall be reported to and may be addressed by the Board of Health or other relevant authority.

Within the Zone I and II areas of the WQPD, no hazardous waste shall be disposed of on-site but shall be removed, transported and disposed of legally off-site. In addition, for sites with such materials greater than Household Quantities, the Board of Health or other relevant authority may determine how long and in what amounts such wastes may be stored on-site until their required removal, transport and legal disposal off-site, and may require confirmation that the foregoing shall be performed by a licensed scavenger service.

Animal manure shall be contained on-site to prevent the discharge of any product or contaminated runoff or leachate. Facilities in compliance with applicable local health regulations shall be deemed to be in compliance with this standard.

Use and development shall comply with the requirements of the Stormwater Management Bylaw (Chapter 272 of the Brewster Town Code) and its corresponding regulations.

Fertilizer applications shall be made (and fertilizer stored) in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation, subject to Chapter 119 of the Brewster Town Code, Fertilizer Nutrient Control.

As might be allowed, any storage of sludge and septage, as defined in 310 CMR 32.05, shall comply with 310 CMR 32.30 and 310 CMR 32.31.

Within the Zone I and II areas of the WQPD, any commercial floor drainage system which discharges to the ground shall have a DEP permit or authorization, pursuant to 310 CMR 22.

Within the Zone I and II areas of the WQPD, Fuel Storage Tanks shall not be installed underground and shall comply with all applicable state and local laws, regulations and permit requirements.