The purpose of this section is, in the interest of public health, safety, and general welfare, to preserve, maintain, and protect from contamination existing and potential groundwater supply areas and to protect surface waters that are fed by groundwater.

This purpose is to be accomplished by regulating land uses which could contribute pollutants to designated wells and/or aquifers identified as being needed for present and/or future public water supply.

The Groundwater Protection District is an overlay district which is superimposed over the existing underlying zoning and includes within its boundaries the Wellhead Protection Areas and Stratified Drift Aquifers, and associated groundwater recharge areas shown on the map entitled "Town of Conway Groundwater Protection District," dated [Date Adopted].

Where the bounds of an identified groundwater or recharge area, as delineated, are in doubt or in dispute, any person aggrieved by such delineation may appeal the boundary location to the Planning Board. Upon receipt of a written appeal, the Planning Board shall suspend further action on development plans related to the area under appeal and shall engage, at the expense of the person aggrieved, a qualified hydrologist to prepare a report determining the proper location and extent of the groundwater and recharge area relative to the property in question.

The overlay applies to existing and future Well Head Protection Areas regardless of their identification on the "Town of Conway Groundwater Protection District" map. After obtaining the appropriate property rights, future Wellhead Protection Areas may be identified and protected when specified within the water and sewer master plan.

Stratified-drift aquifer: A geologic formation of predominantly well-sorted sediment deposited by or in bodies of glacial meltwater, including gravel, sand, silt, or clay, which contains sufficient saturated permeable material to yield significant quantities of water to wells. For the purposes of the Groundwater Protection District, a stratified-drift aquifer is defined as having a transmissivity of 1,000 square feet per day or more.

Wellhead Protection Areas (WHPAs): The WHPA is a sub-district of the Groundwater Protection District and comprises a 400-foot protective radius or concentric zone identifying hydrological flow, whichever has a lesser area, around each well serving municipal water systems, including:

For any new or expanded uses that will render impervious more than 15% or more than 2,500 square feet of any lot, whichever is greater, a stormwater management plan shall be prepared which the planning board determines is consistent with New Hampshire Stormwater Manual Volumes 1-3, December 2008, NH Department of Environmental Services.

Conditional uses, as defined under Subsection I shall develop stormwater management and pollution prevention plans and include information consistent with Developing Your Stormwater Pollution Prevention Plan: A Guide for Industrial Operators (US EPA, Feb 2009). The plan shall demonstrate that the use will:

Animal manures, fertilizers, and compost must be stored in accordance with the Manual of Best Management Practices for Agriculture in New Hampshire, NH Department of Agriculture, Markets, and Food (June 2011) and any subsequent revisions.

All regulated substances stored in containers with a capacity of five gallons or more must be stored in product-tight containers on an impervious surface designed and maintained to prevent flow to exposed soils, floor drains, and outside drains.

Facilities where regulated substances are stored must be secured against unauthorized entry by means of a door and/or gate that is locked when authorized personnel are not present and must be inspected weekly by the facility owner.

Outdoor storage areas for regulated substances, associated material, or waste must be protected from exposure to precipitation and must be located at least 50 feet from surface water or storm drains, at least 75 feet from private wells, and outside the sanitary protective radius of wells used by public water systems.

Secondary containment must be provided for outdoor storage of regulated substances in regulated containers, and the containment structure must include a cover to minimize accumulation of water in the containment area and contact between precipitation and storage containers.

Containers in which regulated substances are stored must be clearly and visibly labeled and must be kept closed and sealed when material is not being transferred from one container to another.

Prior to any land-disturbing activities, all inactive wells on the property not in use or properly maintained at the time the plan is submitted shall be considered abandoned and must be sealed in accordance with We 604 of the New Hampshire Water Well Board Rules.

Blasting activities shall be planned and conducted to minimize groundwater contamination. Excavation activities should be planned and conducted to minimize adverse impacts to hydrology and the dewatering of nearby drinking water supply wells.

All transfers of petroleum from delivery trucks and storage containers over five gallons in capacity shall be conducted over an impervious surface having a positive limiting barrier at its perimeter.

A description of the physical layout and a facility diagram, including all surrounding surface waters and wellhead protection areas.

A contact list and phone numbers for the current facility response coordinator(s), cleanup contractors, and all appropriate federal, state, and local agencies to be contacted in case of a release to the environment.

A list of all regulated substances in use and their locations of use and storage.

A prediction of the direction, rate of flow, and total quantity of regulated substances that could be released where experience indicates a potential for equipment failure.

A description of containment and/or diversionary structures or equipment to prevent regulated substances from infiltrating into the ground.

A list of positions within the facility that require training to respond to spills of regulated substances.

Prevention protocols to be followed after an event to limit future large releases of any regulated substance.

Within the protective radius of the WHPAs, only the following land uses are permitted: open space, gravel driveways, and structures relating to the well and water distribution system.

Any change in land use within the protective radius of a WHPA shall require a permit from the Zoning Officer. The Zoning Officer shall require a completed Zoning Permit application; and a survey of the entire protective radius area at a scale of one-inch equals 20 feet showing all natural and man-made features. The Zoning Officer shall forward a copy of the application to the municipal entity owning the well for review and comments. The Zoning Officer shall not issue an approval for the change of use until approved by the municipal entity.

The following uses are prohibited in the Groundwater Protection District:

Storage, handling, and use of regulated substances in quantities exceeding 55 gallons or 660 pounds dry weight at any one time, provided that an adequate SPCC plan, in accordance with Subsection G, is approved by the local Fire Department or their designee.

Any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater.

Any activities that involve blasting of bedrock.

In granting such approval, the Planning Board must first determine that the proposed use is not a prohibited use (as listed in Subsection H of this section) and will be in compliance with the performance standards in Subsection F as well as all applicable local, state, and federal requirements. The Planning Board may, at its discretion, require a performance guarantee or bond, in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the performance standards.

Existing non-conforming uses within the Groundwater Protection District may continue without expanding or changing to another non-conforming use, but they must comply with all applicable state and federal requirements, including Env-Wq 401, Best Management Practices Rules.

Pre-existing nonconforming uses within the protective radius of the WHPAs may be required to come into conformance with State or local regulations should any use be considered a health threat under RSA 485-C or RSA 147 as determined by the Health Officer.

Any private residence is exempt from all performance standards.

Any business or facility where regulated substances are stored in containers with a capacity of less than five gallons is exempt from Performance standards Subsection F(5) through (8).

Storage of heating fuels for on-site use or fuels for emergency electric generation, provided that storage tanks are indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place, is exempt from performance standard Subsection F(5).

Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle is exempt from Performance Standards Subsection F(5) through (8).

Storage and use of office supplies are exempt from Performance Standards Subsection F(5) through (8).

Temporary storage of construction materials on a site where they are to be used is exempt from performance standards Subsection F(5) through (8) if incorporated within the site development project within six months of their deposit on the site.

The sale, transportation, and use of pesticides as defined in RSA 430:29 XXVI are exempt from all provisions of this section.

Household hazardous waste collection projects regulated under NH Code of Administrative Rules Env-Hw 401.03(b)(1) and 501.01(b) are exempt from performance standards Subsection F(5) through (8).

Underground storage tank systems and aboveground storage tank systems that are in compliance with applicable state rules are exempt from inspections under Subsection M of this section.

For uses requiring Planning Board approval for any reason, a narrative description of maintenance requirements for structures required to comply with performance standards shall be recorded so as to run with the land on which such structures are located, at the Carroll County Registry of Deeds. The description so prepared shall comply with the requirements of RSA 478:4-a.

Inspections may be required to verify compliance with performance standards. Such inspections shall be performed by the Town Staff at reasonable times with prior notice to the landowner.

All properties in the Groundwater Protection District known to the Town of Conway as using or storing regulated substances in containers with a capacity of five gallons or more, except for facilities where all regulated substances storage is exempt from this ordinance under Subsection K, shall be subject to inspections under this Subsection.

The Town of Conway may require a fee for compliance inspections. The fee shall be paid by the property owner. A fee schedule shall be established by the Selectboard as provided for in RSA 41-9:a.