erve the natural environment, to protect the public
health, safety, and welfare
and to comply with state law.

510.2 Findings
The Town of Scituate finds that:
A.
The Old Oaken Bucket Pond, Tack Factory Pond and The Reservoir
and their watersheds and tributaries, and the groundwater underlying
Scituate are the primary sources of Scituate's existing and future drinking water supply;
B. The water resource is integrally connected with, and flows into, the reservoir, surface
waters, lakes, streams and coastal estuaries which constitute significant recreational and
economic resources of the town used for bathing and other water-related recreation,
shellfishing and fishing;
C. Accidental spills and discharges of petroleum products and other toxic and hazardous
materials and sewage discharge have repeatedly threatened the quality of such ground
water supplies and related water resources throughout towns in Massachusetts, posing
potential public health and safety hazards and threatening economic losses to the affected
communities.

510.3 Water Resources Protection District
The Water Resources Protection District, as shown on a map entitled "Water Resources
Protection District, Town of Scituate," shall be considered superimposed over any other
district established in this bylaw. The requirements enumerated hereafter for the Water
Resources Protection District shall be in addition to, rather than in place of, the
requirements for the underlying district. Where the boundary line of the Water Resources
Protection District divides any lot existing at the time such line is established, the
regulations established hereunder shall not apply to the portion of such lot located within
the Water Resources Protection District, provided such lot does not extend more than
twenty-five feet within the Water Resources Protection District. This provision shall not
apply to the Buffer Zone boundaries established in Section 510.5. below.

510.4 Use and Activity Regulations


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A. Within the Water Resources Protection district the following uses and activities are
specifically prohibited:
1. sanitary landfill or other disposal of solid waste not including private septic
systems;
2. motor vehicle salvage operations and junk yards;
3. municipal sewage treatment facilities with on-site disposal of primary treated or
secondary-treated effluent;
4. treatment or disposal works subject to 314 CMR 3.00 or
5.00 within 400 feet of Old Oaken Bucket Pond and within
200 feet of its tributaries and associated water bodies,
Tack Factory Pond and the Reservoir, except for the
following:
a. the replacement or repair of an existing treatment or
disposal works that will not result in a design
capacity greater than the design capacity of the
existing treatment or disposal works;
b. treatment or disposal works for sanitary sewage if
necessary to treat existing sanitary sewage
discharges in non-compliance with Title 5, 310 CMR
15.00, provided the facility owner demonstrates to
the Massachusetts Department of Environmental
Protections (DEPs) satisfaction that there are no
other feasible siting locations further from the Pond
or tributary. Any such facility must be permitted in
accordance with 314 CMR 5.00 and must disinfect
the effluent.
c. Massachusetts Department of Environmental
Protection (DEP) approved treatment works
designed for treatment of contaminated ground or
surface waters and operated in compliance with 314
CMR 5.05(3) or 5.05(13).
d. Discharge by a public water system of waters
incidental to water treatment processes.
5. car or truck wash establishments;
6. stockpiling road salt or other de-icing chemicals;
7. installation of any underground fuel or other storage tanks, including any tanks or
collection pits (wholly or partially below mean ground elevation) but not
including private septic systems;
8. dumping of snow from outside the district;
9. dry cleaning establishments;
10. self service laundries, unless connected to public sewerage;


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11. airplane, boat and motor vehicle service and repair establishments, including auto
body shops;
12. storage and/or sale of petroleum or other refined petroleum products, except
within buildings which it will heat or in amounts normally associated with
household or agricultural uses;
13. the storage of liquid hazardous materials, as defined in
M.G.L.c.21E, and/or liquid petroleum products unless such
storage is
a. above ground level,
b. on an impervious surface, and
c. outdoors in covered container(s) or in above ground
(tanks) within a building.
14. the storage of liquid hazardous materials, as defined in
M.G.L.c.21E, and/or liquid petroleum products within 400
feet of Old Oaken Bucket Pond and within 200 feet of its
tributaries and associated water bodies unless such
storage is incidental to:
a. normal household use, outdoor maintenance, or the
heating of a structure;
b. use of emergency generators; or
c. a response action conducted or performed in
accordance with M.G.L.c.21E and 310 CMR 40.00 and
which is exempt from a ground water discharge
permit pursuant to 314 CMR 5.05(14) and
provided the storage is:
d. above ground level,
e. on an impervious surface, and
f. outdoors in covered container(s) or in above ground
(tanks) within a building and
g. in an area designed & operated to hold either 10% of
the total possible storage capacity of all containers or
110% of the largest containers storage capacity,
whichever is greater. This requirement does not apply
to the replacement of existing tanks or systems for
the keeping, dispensing or storing or gasoline
provided the replacement complies with applicable
state and Scituate requirements.
15. metal plating, finishing or polishing establishment;
16. chemical and bacteriological laboratories;


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17. burial in any cemetery or other place within 100 feet of the
high water mark of Old Oaken Bucket Pond or a tributary
thereto.
18. storage of herbicides, pesticides or fertilizers, other than in amounts normally
associated with household or agricultural uses;
19. storage of animal manure unless covered or contained
within a structure designed to prevent the generation and
escape of contaminated runoff or leachate;
20.
stabling hitching, standing, feeding or grazing of livestock
or other domestic animals within 100 feet of the bank of Old
Oaken Bucket Pond or a tributary thereto.
21. electronic circuit assembly establishment;
22. hotel or motel, unless connected to public sewerage;
23. painting, wood preserving and furniture stripping establishment;
24. photographic processing establishment;
25. machine shops using toxic or hazardous materials in any part of the production
process;
26. printing establishment;
27. earth removal, consisting of removal of soil, loam, sand,
gravel or any other earth material to within 4 feet of
historical high groundwater as determined from monitoring
wells and historical water table fluctuation data compiled
by the United States Geological Survey, unless substances
removed are replaced within 45 days of the removal on the
site to achieve a final grading greater than four feet above
the historical high water mark, and except for excavations
for building foundations, roads, utility works, or wetland
restoration work conducted in accordance with a valid
Order of Conditions issued pursuant to M.G.L.c.131,§40.
28. any floor drainage system in existing facilities, in industrial
or commercial hazardous material and/or hazardous waste
process areas or storage areas, which discharges to the
ground without a Massachusetts Department of
Environmental Protection (DEP) permit or authorization.
Any existing facility with such a drainage system shall be
required to either seal the floor drain (in accordance with
the state plumbing code, 248 CMR 2.00), connect the drain
to a municipal sewer system (with all appropriate permits
and pre-treatment), or connect the drain to a holding tank


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meeting the requirements of all appropriate DEP regulations
and policies.
29. swimming, wading, or bathing in Old Oaken Bucket Pond.
30.
fishing, entering in any boat or other vehicle, entering upon
the ice for any purpose, or causing or allowing any animal
to enter or upon Old Oaken Bucket Pond or a tributary,
unless permitted in writing by the [Board of Water
Commissioners.
31. any other use, which involves as a principal activity the manufacture, storage, use,
transportation or disposal of toxic or hazardous materials, except as allowed by
special permit below.

B. Within the Water Resources Protection District the following uses shall be allowed
only upon receipt of a special permit, issued in accordance with the provisions of Section
510.2 of this bylaw:
1. any use involving secondary usage or storage of toxic or hazardous materials in
quantities greater than normally associated with household use;
2. any use involving secondary and minimal usage or storage of herbicides, pesticides
or fertilizers, other than the amounts normally associated with household or
agricultural use;
3. golf course, either for private or public use.

C. Special Permit Granting Authority
The special permit granting authority (SPGA) under this bylaw shall be the planning
board. Such special permit shall be granted if the SPGA determines, in conjunction with