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Proposed Source Water Protection Plan
Rutland
Source Water
Protection Plan
March 2010
Prepared by: Prepared for:
Town of Rutland
Water Department
Muschopauge Reservoir
The cover page for the Rutland Source Water Protection Plan is a picture taken by
Adam Hart-Davis of the DHD Multimedia Gallery titled “Tap with Water Flowing”.
The images AT HTTP://GALLERY.HD.ORG are free to download and use. Please visit
the website for more images and information.
"There shall be no man or woman dare to wash any unclean linen, wash clothes,...nor
rinse or make clean any kettle, pot, or pan or any suchlike vessel within twenty feet of the
old well or new pump. Nor shall anyone aforesaid, within less than a quarter mile of the
fort, dare to do the necessities of nature, since by these unmanly, slothful, and loathsome
immodesties, the whole fort may be choked and poisoned."
--Governor Gage of Virginia, Proclamation for Jamestown, Va. (1610)
“When the well is dry, we know the worth of water.”
Benjamin Franklin, (1706-1790), Poor Richard's Almanac, 1746

Review Annually and Update Every 3 Years
Date Reviewed Reviewer Changes or Comments
ACKNOWLEDGEMENTS ................................................................................................. 4
SOURCE WATER PROTECTION PLAN STEERING COMMITTEE................................. 4
PRIMARY CONTACTS ..................................................................................................... 5
INTRODUCTION ............................................................................................................... 6
Source Water Protection Plan................................................................................................................................ 6
Source Water Assessment and Protection Reports................................................................................................. 7
Goals and Objectives of the Rutland SWPP Steering Committee .......................................................................... 8
Municipal Land Use Improvements....................................................................................................................... 8
ACTION PLAN .................................................................................................................. 8
MUSCHOPAUGE RESERVOIR ZONE C.......................................................................... 8
DESCRIPTION OF WATER SUPPLY............................................................................... 9
Watershed Characteristics ..................................................................................................................................... 9
Distribution System Map...................................................................................................................................... 11
INVENTORY OF POTENTIAL SOURCES OF CONTAMINATION................................. 14
Land Uses and Impacts to the Protection Areas ................................................................................................... 14
ZONE A ACTIVITIES....................................................................................................... 17
Water Treatment Facility..................................................................................................................................... 18
Agricultural Activities .......................................................................................................................................... 19
Managing Nonpoint Source Pollution from Agriculture ...................................................................................... 21
Residential Activities ............................................................................................................................................ 22
Wildlife Impacts and Management ....................................................................................................................... 25
Forestry/Watershed Management........................................................................................................................ 26
PUBLIC ACCESS/RECREATION IMPACTS AND CONTROL....................................... 28
IN-LAKE PROBLEMS AND MANAGEMENT ................................................................. 28
WATERSHED SAMPLING PLAN AND CONTROL........................................................ 29
PROTECTED OPEN SPACE .......................................................................................... 30
Priority Parcels..................................................................................................................................................... 30
ZONING.......................................................................................................................... 35
REGULATORY /NON-REGULATORY PROTECTION STRATEGIES ........................... 35
Water Supply Protection District......................................................................................................................... 35
Land Protection Strategies ................................................................................................................................... 35
EMERGENCY RESPONSE/ CONTINGENCY PLANNING............................................. 41
Current Plans ....................................................................................................................................................... 41
STAFFING....................................................................................................................... 43
PUBLIC EDUCATION AND OUTREACH ....................................................................... 43
REFERENCES ................................................................................................................ 44
APPENDICES.................................................................................................................. 45
Appendix A: Proposed and Existing Bylaws......................................................................................................... 45
Appendix B: Treatment Plant Schematic and Process ......................................................................................... 79
RESOURCES .................................................................................................................. 81
Acknowledgements
Funding for this project was provided through a United States congressional appropriation to the
National Rural Water Association and the Mass Rural Water Association (MassRWA) and was
administered in cooperation with the United States Department of Agriculture (USDA) Farm
Services Agency (FSA).
MassRWA wishes to thank all the individuals and organizations that contributed to this effort.
Local officials and concerned citizens cheerfully attended monthly meetings to help formulate this
plan and expertly presented their water protection goals and methods at the Source Water
Protection Workshop in February 2010.
The Source Water Assessment and Protection Report (SWAP) prepared by the Massachusetts
Department of Environmental Protection (western region) provided an excellent resource for
beginning this planning process.
Source Water Protection Plan Steering Committee
The Source Water Protection Plan Steering Committee provided background information about
Rutland’s water supply and its watershed, and assisted in the development of protection strategies.
Members of the Advisory Committee include:
Steve Cannell – Primary Water Operator
Gary Kellaher – Department of Public Works Superintendent
Skip Ketonen-Clark – Selectboard
Research and Writing:
Rebekah McDermott, Source Protection Specialist – Mass Rural Water Association (MassRWA)
Primary Contacts
Rutland Water Department
Steve Cannell – Primary Operator
Phone: (508) 886-6098
Fax: (508) 886-4127
Address: 17 Pommogussett St., Rutland, MA 01543
Rebekah McDermott – Source Water Protection Specialist
Mass Rural Water Association
Phone: (413) 773-8533
Address: 23 West Street, Greenfield, MA 01301
Muschopauge Reservoir, Rutland , MA.
6
Introduction
Source Water Protection Plan
A Source Water Protection Plan (SWPP) identifies
water system vulnerabilities to contamination and
describes techniques to manage potentially
contaminating land uses. The Rutland Source Water
Protection Plan has been developed by the Rutland
Source Water Protection Steering Committee and
MassRWA to aid in the protection of the public
water system (PWS) for Muschopauge Reservoir
Watershed.
Public water suppliers around the state of
Massachusetts and across the nation are increasingly
finding that proactive planning and prevention are
essential to both the long-term integrity of their
water systems and limitation of their costs and
liabilities. Despite our best efforts, accidental spills
of hazardous chemicals are all too common and
bacterial outbreaks still occur unexpectedly,
sometimes with dangerous consequences. These
types of events may result in costly treatment,
remediation and/or litigation, and in worst-case
scenario could permanently destroy a water source
or injure/kill a water customer.
According to the National Center for Small Communities (2000), successful planning and
prevention requires six basic steps:
1. Source protection area (SPA) delineation;
2. Identification of sources of contamination within Source Protection Areas;
3. Assessment of the risks to drinking water posed by contaminant sources;
4. Publication of the risk assessment results;
5. Implementation of measures to manage contaminant sources; and
6. Contingency planning for response to contamination incidents.
Source protection planning has numerous benefits including:
 Increasing consumer confidence that their drinking water source will continue to
be protected and reliable;
 Reducing the likelihood that contamination incidents will occur with costly and/or
potentially harmful results;
 Relationships with regulatory agencies, employees and the public are often
enhanced through source protection
 Source Protection Plans provide strong support to requests for financial
assistance.
7
Source Water Assessment and Protection Reports
The Source Water Assessment and
Protection (SWAP) Program was
established in 1996 by the USEPA
as part of the Safe Drinking Water
Act Amendments. SWAP
emphasized the importance of
source water protection as a
pollution prevention tool that can
be used as part of a comprehensive
multi-barrier approach to source
water protection. States were
required to:
1. delineate recharge areas for
all public drinking water
sources;
2. inventory land uses within
these recharge areas;
3. publicize the results.
The assessments help to focus protection efforts to minimize risks of individuals
drinking contaminated water. These efforts may include developing source water
protection plans, encouraging the use of Best Management Practices (BMP),
establishing local protection teams and using other source protection measures. The
SWAP reports include descriptions of SPA delineation and land uses which may
potentially contaminate water sources, as well as recommendations for managing those
land uses. Consequently, the reports provide water suppliers with an important tool for
initiating or improving source water protection in their area. (Please see the Resources
section for a copy of the Rutland Water Department SWAP report.)
Rutland Water Department SWAP Report
The SWAP report for the Rutland Water Department determined that the overall ranking
of source susceptibility for the Rutland Reservoir System is “igh”based land uses in
the associated Source Protection Area (SPA). The Key issues identified by the SWAP
report include:
1. Zone A Activities
2. Residential Land Uses
3. Aquatic Wildlife
4. Transportation Corridors
5. Agricultural Land Uses
6. Protection Planning
The Rutland Source Water Protection Plan will also recommend BMP’ for Forestry and
Watershed Management.
Muschopauge Reservoir Original Pumphouse, Rutland ,
MA.
8
Goals and Objectives of the Rutland SWPP Steering Committee
The Rutland SWPP Committee determined that the following goals and objectives were
important to the success of the Rutland Source Water Protection Plan:
1. A plan for the implementation of an updated Water Supply Protection District
(WSPD) Bylaw for Rutland’ watershed and reservoir that comply with
Massachusetts 310 CMR 22.00.
2. To encourage the practice of sound forest management in the watersheds of the
reservoirs both with the state and private land owners.
3. To ensure that future development in the Town of Rutland is contingent on the
ability to provide adequate water supplies.
4. Update and implement a new Emergency Response Plan during the planning
process of 2009.
5. Pursue monetary funding to update and replace aging infrastructure and
technology at the water treatment plant.
6. The Water Department is planning to build a new 1 million gallon water storage
tank in 2010.
7. Conduct annual leak detection and hydrant flushing.
Municipal Land Use Improvements
The Rutland Water Department is planning to build a new water storage tank just outside
of the Zone B on Wheeler Road. There are no other municipal land use improvements to
report at the completion of this planning process.
Action Plan
ACTION WHO WHEN
Update and implement a Water Supply Protection
(overlay) District (WSPD) to protect the Rutland’
Reservoir and their watersheds from future
contamination events. In compliance with 310 CMR
22.00.
Rutland Source Water Protection
Committee (RSWPC), Planning Board
(PB), Board of Health (BOH),
Conservation Commission (CC),
Select Board (SB)
2010
Adopt “ight of first refusal”bylaws in order to
purchase Zone A lands. Encourage Conservation
Restrictions if this is not feasible.
RSWPC, PB, CC 2010
Acquire available funds for land purchase and all
other implementation strategies using the Rutland
Source Water Protection Plan as water resource
management tool required by the Commonwealth
Capital funding process.
RSWPC, PB, SB When
available.
Update and implement a new Emergency Response
Plan.
Emergency Management Agency,
RSWPC
Fall 2009
Seek USDA or other funding for infrastructure
improvements.
RSWPC, SB 2010
Continue to monitor Muschopauge Reservoirs
Agricultural Activities to prevent any potential
sources of contamination.
RSWPC 2010
Muschopauge Reservoir Zone C
The Zone C for the Muschopauge Pond Reservoir is a large area that encompasses the
entire Wachusett Reservoir watershed. Since no other tributary streams from the Zone C
enter Muschopauge Reservoir this SWP Plan will only address the Zones A and B.
9
Description of Water Supply
Table 1: Rutland Water Department Water Sources
Source Name DEP Source
ID# Source Type System
Susceptibility
Source
Location
Muschopauge
Pond 1190000-01S Surface water High Rutland, MA
Watershed Characteristics
The Town of Rutland’ water supply consists solely of
one surface water source, Muschapauge Pond Reservoir.
The Reservoir is located in the Nashua River Basin. An
intake pumping station located on the west side of the
pond conveys water to the distribution system.
Muschopauge Pond Reservoir is located along
Wachusett Street and between Muschopauge Road and
Pommogussett Street (identified as State Hospital Road
North on the MassGIS Roads layer). Based on MassGIS
data the watershed area for the Reservoir is estimated to
be 0.61 square miles. The average elevation within the
watershed area has been calculated to be 332.53 meters
above mean sea level. This value was converted into feet
(1090.98 feet) and used to calculate the firm yield.
(Weston & Samson Engineers, Inc., Rutland,
Massachusetts, Draft Report, Firm Yield Study,
September 2003)
Wachusett Reservoir Watershed
All of the streams and rivers located in Rutland are
tributaries of the Wachusett Reservoir Watershed’ Zone
A (PSW# 6000000-01S). The Wachusett Reservoir and
its watershed provides water to Boston and surrounding
areas. All of the Wachusett Reservoir’ Zone A streams
are protected by the Watershed Protection Act (WsPA).
The Massachusetts Department of Conservation and Recreation (MassDCR) also
provides outreach to all the communities that have waterbodies protected by the WsPA.
This outreach focuses on best management practices (bmps) for agricultural farmers, as
well as all land holders and businesses in the watershed. For more information about the
WsPA please see the Resources section at the end of the plan.
Other public water systems that include the Zone A of Muschopauge Pond Reservoir in
their watershed are the Town of Clinton (Wachusett Reservoir PWS# 2064000-03S), the
City of Worchester (Quinapoxet Reservoir PWS# 2348000-05S) and the Town of Holden
(PWS# 2134000-01S) as an emergency source.
10
Water Source and Dam
The current impoundment was constructed in 1958 and has an estimated usable storage
capacity of 143 million gallons. The firm yield of the Muschopauge Pond Reservoir is
calculated at 0.61 Million Gallons per Day (MGD) (Weston & Samson Engineers, Inc.,
Rutland, Massachusetts, Draft Report, Firm Yield Study, September 2003).
Access Road for the Muschopauge Pond Water Treatment Facility –Rutland, MA.
11
Distribution System Map
There is a map of the distribution system located at the Rutland Department of Public
Works building and the Rutland Water Treatment Plant.
12
Scale –1:20,000 Map 1: USGS Muschopauge Reservoir
Source(s): MASSGIS Datalayers –uthor:RJM Date: 11/09
/
.-
.-
.-
Muschopauge Pond Res.
PWS# 2257000-01S
Intake
Town of Holden
Emergency Source
PWS# 2134000-01S
1 million gal. standpipe
Rutland
Holden
Public Water System
Zone C
Zone B
Zone A - Wachusetts Res. System
13
Map 2: Ortho Map of Muschopauge Pond Reservoir FEMA Flood Zones
Scale –1:15,000
Source(s): MASSGIS Datalayers –Author:RJM Date: 11/09
/
.-
Muschopauge Pond Res.
PWS# 2257000-01S
Intake
Town of Holden
Emergency Source
PWS# 2134000-01S
Muschopauge
Pond
Rutland
Holden
1 mil. gal.
standpipe
Main St
Wachusett St
Muschopauge Rd
East County Road
Central Tree Rd
Naquag St
Wheeler Rd
Cannon St
Overlook Rd
Millbrook St
Blair Dr
State Hospital Rd N
Juniper Ln
Nancy Dr
Summer Hill Dr
State Hospital Rd
Heritage Hill Dr
Bond Rd
Haven Hill Dr
Muschopauge Brook
Worcester Brook
Public Water System
Zone A - Muschopauge Reservoir/Wachusett Reservoir
Zone B
Zone C
FEMA Flood Zones
A
X500
14
Inventory of Potential Sources of Contamination
Land Uses and Impacts to the Protection Areas
Due to the relatively small size of the reservoir and the nature of surface water supplies,
this source is considered highly vulnerable to potential contamination.
Key Land Uses and Protection Issues include:
1. Zone A Activities
2. Agricultural Land Uses
3. Residential Land Uses
4. Aquatic Wildlife
5. Transportation Corridors
6. Forestry/ Watershed Management
The overall ranking of susceptibility to contamination for the system is High, based on
the presence of at least one high threat land use within the water supply protection areas.
Table 2: Potential Sources of Contamination in the Water Supply Protection Areas.
Land Uses Quantity Threat Potential Contaminant Sources
Agriculture
Dairy Farms 1 H Manure (microbial contaminants): improper
handling
Fertilizer Storage or Use 1 M Fertilizers: leaks, spills, improper handling, or
over-application
Livestock Operations 3 H Manure (microbial contaminants): improper
handling
Manure Storage or
Spreading 1 H Manure (microbial contaminants): improper
handling
Pesticide Storage or Use H Pesticides: leaks, spills, improper handling, or
over-application
Forestry Operations Little/ Town
of Holden L/M
Leaks and spills, improper handling of petroleum
products. Erosion. Low with an approved Chapter
132 Forest Management from the DCR.
Residential
Fuel Oil Storage (at
residences) 10 M Fuel oil: spills, leaks or improper handling
Septic Systems/Cesspools 10 M Hazardous chemicals: microbial contaminants,
and improper disposal
Lawn
Care/Gardening/Hay 10 M Pesticides: over-application or improper storage
and disposal
Industrial
Water Treatment Plant 1 M Fuel oil: spills, leaks or improper handling
Miscellaneous
Aquatic Wildlife Occasional
Geese H Microbial contaminants
Transportation
Corridors 3 M/H
Salt, deicing material, potential spills from dairy
transportation trucks, oil, fuel from cars, farm
vehicles.
Stormwater Drains/
Retention Basins H Debris, pet waste, and chemicals in stormwater
from roads, parking lots, and lawns
15
Scale -1:15,000
Map 3: Muschopauge
Pond Reservoir –Land
Use 2005
Source(s): MASSGIS Datalayers
–uthor:RJM Date: 11/09
Public Water System
Zone A - Wachusetts Reservoir
Zone B
Zone C
Land Use 2005
Brushland/Successional
Cemetery
Commercial
Cropland
Forest
Forested Wetland
Golf Course
High Density Residential
Industrial
Junkyard
Low Density Residential
Medium Density Residential
Mining
Multi-Family Residential
Non-Forested Wetland
Nursery
Open Land
Orchard
Participation Recreation
Pasture
Powerline/Utility
Spectator Recreation
Transportation
Urban Public/Institutional
Very Low Density Residential
Waste Disposal
Water
.-
Muschopauge Pond Res.
PWS# 2257000-01S
Intake
Town of Holden
Emergency Source
PWS# 2134000-01S
Muschopauge
Pond
Rutland
Holden
Quabbin Aquaduct
Main St
Muschopauge Rd
Wachusett St
Central Tree Rd
Naquag St
Wheeler Rd
Bond Rd
East County Road
Blair Dr
Juniper Ln
Nancy Dr
Orchard
Hill Dr
Summer Hill Dr
Fernwood Dr
Prescott St
Beechwood Dr
Heritage Hill Dr
Haven Hill Dr
Worcester Brook
Muschopauge Brook
Muschopauge Brook
/
16
7.
Forestry
Operations
Beaver
Transmission
Lines
Zone A
Activities
.-
Muschopauge Pond Res.
PWS# 2257000-01S
Intake
Town of Holden
Emergency Source
PWS# 2134000-01S
Muschopauge
Pond
Rutland
Holden
Quabbin Aquaduct
Priority Parcels
Water Treatment Facility
Agricultural Activities
Forestry/Watershed Management
Residential Activities
Aquatic Wildlife
Geese
Main St
Wachusett St
Bond Rd
Blair Dr
Juniper Ln
Nancy Dr
Summer Hill Dr
Fernwood Dr
Prescott St
Thornapple Cir
Haven Hill Dr
Public Water System
Zone A - Wachusetts Reservoir
Zone B
Zone C
Land Use 2005
Brushland/Successional
Cemetery
Commercial
Cropland
Forest
Forested Wetland
Golf Course
High Density Residential
Industrial
Junkyard
Low Density Residential
Medium Density Residential
Mining
Multi-Family Residential
Non-Forested Wetland
Nursery
Open Land
Orchard
Participation Recreation
Pasture
Powerline/Utility
Spectator Recreation
Transportation
Urban Public/Institutional
Very Low Density Residential
Waste Disposal
Water
Scale -1:15,000
Map 4: Muschopauge
Pond Reservoir –Potential Sources of
Contamination
Source(s): MASSGIS Datalayers
–uthor:RJM Date: 11/09 /
17
Zone A Activities
Activities in Zone A
The Zone A for a reservoir includes all areas within
400 feet of the reservoir shoreline and within 200 feet
of either side of all streams and feeder ponds or
associated water bodies that flow into the reservoir.
The Zone A is the area closest to the reservoir and its
tributaries. Therefore, land uses within the Zone A are
of particular concern. Activities that store, use, or
dispose of hazardous materials can be potential
sources of contamination if improperly managed.
Muschopauge
Pond
Rutland
Muschopauge Rd
State Hospital Rd N
Central Tree Rd
Wachusett St
State Hospital Rd
Heritage Hill Dr
Pictured (at left) shows the location
Muschopauge Water Treatment Plant and the
dairy and horse farms located within the
Zone A and B of the watershed.
Note the well forested buffer zone around the
reservoir, except for the portion of corn field
that remains open right to the shore of the
pond. For recommendations see the
Agricultural Activities section.
18
Water Treatment Facility
The Rutland water treatment plant is located on the boundary of Zone A and B of
Muschopauge Reservoir. The access road is not paved, but the parking areas around the
treatment plant are paved. The Water Department must carefully maintain the access road
and the drainage around the treatment plant to ensure that erosion and activities
conducted at the plant do not impact the reservoir water quality.
Other potential sources of
contamination are the three
500 gallon propane tanks to
provide fuel for the
generators in the event of a
power outage and the
chemicals used to treat the
raw water. Precautions
practiced to prevent
accidental spills are detailed
the Water Treatment Facility
Recommendations in the
following section.
Water Treatment Facility Recommendations:
1. Ensure that the water treatment facility is operated and maintained according to
MassDEP requirements.
2. Ensure that stormwater drains and the drainage system around the treatment plant
do drain outside of the watershed. Maintain stormwater system and catchbasins as
necessary.
3. Continue current use of best management practices for proper handling of
materials and in containing spills and leaks.
4. Update emergency plans as necessary.
The three 500-gallon oil tanks for emergency power are located on a
concrete spillpad and have an absorbent crushed gravel bed to
prevent spilled fuel oil from entering the Muschopauge Reservoir.
19
Zone A Recommendations:
Agricultural Activities
There is one major dairy operation and a large horse farm abutting Muschopauge Pond on
the eastern side within the Zone A and B. Potential threats to the quality of water
associated with agriculture include animal manure, pesticides, fertilizers, herbicides, and
waste oil and fluids generated by farm equipment. The dairy farm does apply chemical
treatment to its corn crop during the growing season. It also applies manure fertilizer on
the fields. The Rutland Water Department does not believe that either of these activities
are currently impacting the treatment of the water. The dairy farm does plant right to the
shoreline of the Muschopauge Pond Reservoir at a portion of the eastern shore. It is
recommended that a vegetated buffer zone that remains untilled be maintained
around the entire reservoir to prevent the accelerated runoff of chemical treatment
and manure application contaminants. Please see the Resources section for more
information on this topic.
1. Acquire ownership or control of additional land within the Zone A. Land
acquisition or placing Conservation Restrictions on watershed land should be part of
the long term planning goals for the Rutland Water Department.
2. Conduct inspections of the Reservoir and continue to monitor activities in the Zone
A; prohibit new activities in the Zone A. Keep a log of the inspections.
3. Continue current efforts to inform and educate residents near the reservoir that
access to the reservoir is prohibited.
4. Continue use of local police and implement a ticketing/fine procedure if current
efforts are not successful in the future.
5. Periodically monitor stormwater flow at the water treatment plant and monitor
activities to protect the water supply.
6. Closely monitor activities associated with chemical delivery, wastewater
management and heavy equipment used in and around the facility.
7. Conduct wildlife management in the reservoir as necessary to protect public health
and safety, and the infrastructure of the water supply.
8. Agreement options until land is available for outright purchase include obtaining a
Memorandum of Understanding or a Right of First Refusal.
9. A Memorandum of Understanding (MOU) is an agreement between the landowner
and public water supplier in which the landowner agrees not to engage in specific
threatening activities. The MOU should be specific to the land use or activity. For
instance, if the land is residential with a septic system the owner could agree not to
place chemicals, petroleum products, or other hazardous or toxic substances,
including septic system cleaners, into the septic system, and agree that the system
will be pumped at a specific frequency. Understanding how an activity threatens
drinking water quality is an important component of developing an effective MOU.
An MOU should be recorded on the property deed. A Right of First Refusal is a
legal document that gives the water supplier the first chance to purchase land when
it becomes available.
20
It is also recommended to
the extent possible, that all
new permanent manure pits
and new animal feed lots
shall be designed to restrict
infiltration, run-off or other
movement of animal wastes
or manure to the any aquifer
or surface water.
Although grazing cattle and
horses does not constitute a
feed lot or manure pit,
similar considerations
should be given to the
proximity of groundwater,
surface water and the flow
of runoff. In particular,
private wells near largescale
farming activities may
be especially vulnerable to contamination.
Encourage farmers and property managers to ensure that pesticides and fertilizers are
being stored within a structure designed to prevent runoff. The USDA has various
funding sources for government agencies, non-government organizations and agricultural
facilities through programs such as those listed on the USDA web site:
One program in particular, the Environmental Quality Incentives Program (EQIP) may be
utilized in a variety of projects from DPW stormwater management to farm nutrient
management designed to protect surface and groundwater. Review the fact sheet
available online and call the local office of the NRCS for assistance:
Horses should specifically be prohibited from accessing Muschopauge Reservoir by
using signage and outreach to the horse farm owners.
Please see the Resources section for more information about horses and geese and the
possible contamination they may contribute to surface water supplies.
Chemical application to a corn field within the Zone A and B of
Muschopauge Pond during the summer months.
.
21
Managing Nonpoint Source Pollution from Agriculture
Managing Sedimentation. Sedimentation occurs when wind or water runoff carries soil
particles from an area, such as a farm field, and transports them to a water body, such as a
stream or lake. Excessive sedimentation clouds the water, which reduces the amount of
sunlight reaching aquatic plants; covers fish spawning areas and food supplies; and clogs
the gills of fish. In addition, other pollutants like phosphorus, pathogens, and heavy
metals are often attached to the soil particles and wind up in the water bodies with the
sediment. Farmers and ranchers can reduce erosion and sedimentation by 20 to 90 percent
by applying management measures to control the volume and flow rate of runoff water,
keep the soil in place, and reduce soil transport.
Managing Nutrients. Nutrients such as phosphorus, nitrogen, and potassium in the form
of fertilizers, manure, sludge, irrigation water, legumes, and crop residues are applied to
enhance production. When they are applied in excess of plant needs, nutrients can wash
into aquatic ecosystems where they can cause excessive plant growth, which reduces
swimming and boating opportunities, creates a foul taste and odor in drinking water, and
kills fish. In drinking water, high concentrations of nitrate can cause methemoglobinemia,
a potentially fatal disease in infants also known as blue baby syndrome. Farmers can
implement nutrient management plans which help maintain high yields and save money
on the use of fertilizers while reducing NPS pollution.
Managing Confined Animal Facilities. By confining animals to areas or lots, farmers
and ranchers can efficiently feed and maintain livestock. But these confined areas
become major sources of animal waste. Runoff from poorly managed facilities can carry
pathogens (bacteria and viruses), nutrients, and oxygen-demanding substances that
contaminate shellfishing areas and other major water quality problems. Ground water can
also be contaminated by seepage. Discharges can be limited by storing and managing
facility wastewater and runoff with an appropriate waste management system.
Managing Irrigation. Irrigation water is applied to supplement natural precipitation or to
protect crops against freezing or wilting. Inefficient irrigation can cause water quality
problems. In arid areas, for example, where rainwater does not carry residues deep into
the soil, excessive irrigation can concentrate pesticides, nutrients, disease-carrying
microorganisms, and salts-all of which impact water quality-in the top layer of soil.
Farmers can reduce NPS pollution from irrigation by improving water use efficiency.
Actual crop needs can be measured with a variety of equipment.
Managing Pesticides. Pesticides, herbicides, and fungicides are used to kill pests and
control the growth of weeds and fungus. These chemicals can enter and contaminate
water through direct application, runoff, wind transport, and atmospheric deposition.
They can kill fish and wildlife, poison food sources, and destroy the habitat that animals
use for protective cover. To reduce NPS contamination from pesticides, people can apply
Integrated Pest Management (IPM) techniques based on the specific soils, climate, pest
history, and crop for a particular field. IPM helps limit pesticide use and manages
necessary applications to minimize pesticide movement from the field.
Managing Livestock Grazing. Overgrazing exposes soils, increases erosion, encourages
invasion by undesirable plants, destroys fish habitat, and reduces the filtration of
sediment necessary for building streambanks, wet meadows, and floodplains. To reduce
the impacts of grazing on water quality, farmers and ranchers can adjust grazing
intensity, keep livestock out of sensitive areas, provide alternative sources of water and
shade, and revegetate rangeland and pastureland.
22
Agricultural Recommendations:
Residential Activities
Septic Systems and Household Hazardous Materials
None of the residential homes within the Zone B
have public sewers, therefore on-site septic systems
are used. If managed improperly, activities
associated with residential type areas can contribute
to drinking water contamination.
Hazardous materials may include automotive wastes,
paints, solvents, pesticides, fertilizers, old or unused
medication and other substances. Improper use,
storage, and disposal of chemical products used in
homes are potential sources of
contamination.
Improper disposal of household hazardous chemicals
to septic systems is a potential source of
contamination to the groundwater because septic
systems lead to the ground. If septic systems fail or
are not properly maintained they can also be a
potential source of microbial contamination.
According to the United States Environmental Protection Agency (EPA), septic tanks
contaminate 1% of the nation’ usable aquifers. Septic tanks are enclosures that store and
process wastes where no sewer system exists, such as in rural areas. Treatment of waste
in septic tanks occurs by bacterial decomposition. The resulting material is called sludge.
Large portions of the population are still served by septic systems as opposed to public
waste treatment facilities. Contamination of water from septic systems occurs under
various conditions:
Poor placement of septic leachfields can feed partially treated waste water into a
drinking water source. Leachfields are part of the septic system for land based tanks and
include an area where waste water percolates through soil as part of the treatment
process.
Badly constructed percolation systems
1. Conduct outreach to area farmers to inform them of the relationship of their
may allow water to escape without proper
treatment.
lands to the public and private drinking water supply and provide
information about agricultural best management practices. Especially
concentrating on manure, pesticide, herbicide, and fertilizer use and storage.
2. Remind farmers that a vegetated buffer that remains untilled and planted, is
the best way to ensure that manure and chemical application does not
contaminate drinking water sources through runoff.
3. Inform farmers about local waste oil and automotive fluid collection centers
and services.
Septic System Model
23
System failure can result in clogging and overflow to land or surface water.
High density placement of tanks
There are also site specific environmental factors around the tank and leachfield such as
soil properties, water table location, subsurface geology, climate, and vegetation which
may affect the quality and quantity of released waste water.
, as in suburban areas, can result in regions containing
very high concentrations of waste water. This water may seep to the land surface, run-off
into surface water or flow directly into the water table.
Septic Systems Recommendations:
1. Work with your Town Planning Board to limit development within primary
recharge areas. Title V prohibits septic system within the Zone A.
2. Conduct outreach to owners with septic systems within the WSPD.
3. Strongly encourage septic system maintenance for all residential septic
systems in the WSPD. Encourage residents to pursue group rates with their
neighbors for septic pumping services.
4. Adopt a Wastewater Management Bylaw. (See Appendix A: Zoning Bylaws
section at the end of this plan.)
24
The following letter is a sample letter that could be sent to all the homeowners who have
land within the Zone A of the Long Pond Reservoir. Enclosing informational brochures
can also be helpful information for homeowners.
Date
Address of Zone A Resident
Re: Septic system care with the Zone A of our Reservoir
Dear Ms/Mr. Resident:
Greetings from the Water Department/District/Company. It has come to our attention that your
home at # Street address is within a critical protection area for the recharge of our Reservoir, which
supplies fresh drinking water to our community.
As this office has scant information on the condition of the septic system serving the
wastewater disposal needs of your home we are asking you and homeowners like you within this
protection boundary to provide us with basic information about your septic system. We must be able to
ensure the safety of the drinking water supply for the many homes and businesses using our public
water supply.
Thus we strongly encourage you to practice safe and responsible septic system procedures
which include having your septic tank pumped. By having your septic tank pumped on a regular basis
you not only will be providing this office with important information about the age, location and
performance of your septic system but you also will be taking an active part in the positive
environmental and public health protection and preservation in our community.
A list of local septage haulers that can assist you with the pumping of tank is enclosed with this
letter as is other material pertaining to septic system maintenance. I invite you to contact us personally
with any questions you may have regarding your responsibility in this matter.
Yours very truly,
Signature of Water Works Administrator or Superintendent
25
Heating Oil Storage
If managed improperly, Underground and
Aboveground Storage Tanks (UST and AST) can be
potential sources of contamination due to leaks or
spills of the fuel oil they store. It is recommended
that public water supply conduct educational
outreach to residents about the hazards of fuel oil
storage. Many residents in Rutland use oil or gas to
heat their homes. The tanks that hold household fuel
in older homes may be old and subject to leakage.
Fuel tanks should be inspected visually on an annual
basis and properly seated on spill pads to prevent
accidental spills or leaks from reaching groundwater
through cracks or drains in the basement floor.
Heating Oil Storage Recommendations:
Stormwater
Catch basins transport stormwater from roadways and adjacent properties to the ground.
As flowing stormwater travels, it picks up debris and contaminants from streets and
lawns. Common potential contaminants include lawn chemicals, pet waste, and
contaminants from automotive leaks, maintenance, washing, or accidents.
Wildlife Impacts and Management
Concerns about Water Quality and Wildlife
Wild animals, farm animals and domestic pets can be carriers of waterborne diseases
such as Giardia, Cryptosporidium, Salmonella, etc. It is reported that geese periodically
populate the Rutland watershed. Muschopauge Pond Reservoir does not have a resident
beaver population within the watershed.
1. Aging residential fuel tanks are a potential source of
contamination within Rutland’ watershed. An outreach program
and survey aimed at residents within the watershed recharge
areas are a priority to determine the age and leak potential of the
tanks.
2. Prevention of future oil spills is paramount. Require spill pads
under residential tanks.
3. Survey and remove any UST’ within the Zone A recharge area.
4. Monitor progress on any ongoing remedial action conducted for
the known oil/gas or contamination sites.
26
Forestry/Watershed Management
Timber Operations
The majority of the watershed is not currently logged. However, the Town of Holden did
log their access road in the southern portion of the watershed during the summer of 2009.
The MassDCR approved the logging plan. The Rutland Water Department does not have
watershed/forest management plan at this time. Without a management plan, a surface
water source is considered moderately vulnerable to contamination from timber and
forestry activities conducted within their watersheds. Activities that cause significant
disturbance to the land surface, such as logging, can have negative impacts by increasing
the turbidity in the surface water. Tributaries to reservoirs are especially vulnerable to
contamination from logging or other earth moving/excavation activities.
With the use of a properly designed watershed forest management plan and the enforced
use of BMPs, forest management may enhance the water production and quality of the
raw water. Higher quality raw water can result in reduced treatment cost. Unmanaged
forests may result in an even-aged forest that is susceptible to fires and disease. Good
forest management throughout the watershed, including private lands, can beneficially
impact water quality and the health of the watershed forests.
Soil Erosion/Turbidity
All timber operations
involve some level of risk
in regards to soil erosion.
For example, road
construction and road use
typically account for 90%
of the total sediment
runoff from forestry
operations. Roads, ditches,
cutbanks, slope failures,
debris flows, stream bank
erosion and channel scour,
and the diversions of
streams at road crossings
all are potential sources of
fine sediment. Erosion
control mechanisms are
necessary on skid roads, haul roads, and landings. Proper construction and maintenance
are critical in order to prevent the filling of wetlands and stream channels by sediments.
Generalized view of watershed impacts
associated with logging.
27
Removing vegetation adjacent to streams and tributaries can destabilize banks, resulting
in sedimentation. Increased sediments in streams can lead to turbidity problems
associated with surface water supplies. For example, increased turbidity has the potential
to damage water treatment pumps, reduce reservoir volume, and increase treatment costs.
Harvesting trees along a stream bank also reduces shading which helps to regulate
streamwater temperatures and oxygen levels for cold water fisheries.
Pathogens
The effects of increased sediment loads are various. Increased turbidity levels pose a
significant risk to public health. Turbid water conditions can mask the presence of
pathogens such as Cryptosporidium (Crypto). Crypto is a parasite commonly found in
surface waters such as lakes and rivers, especially where animal wastes and sewage are in
contact with water resources. Crypto is resistant to chlorine disinfection, causes intestinal
disorders in healthy people, and can result in death for immuno-suppressed people.
Wildlife is a potential source of Crypto. Even a well-operated water treatment system
cannot ensure that drinking water will be completely free of this microorganism.
Notable crypto outbreaks occurred in Milwaukee, WI in 1993, and Las Vegas, NV, in
1994. During the Milwaukee outbreak over 400,000 people were effected. No specific
source of the cryptosporidium was ever identified in the Milwaukee outbreak, but runoff
from abnormally heavy spring rains most likely carried the crypto to the lake from a
variety of sources.
Effects of Timber Harvesting
Timber harvesting can have the following effects on tributaries:
 Deplete stream oxygen (Dissolved Oxygen-DO) due to additions of large amounts
of fine tree litter to small low-turbulence streams
 Increase nutrient concentrations (e.g. increases of nitrate following harvest, high
concentrations of nitrate observed in harvesting experiments in northern
hardwoods of White Mountains.
 It is important to maintain riparian buffers to protect streams from increased
sediment loads, decreased dissolved oxygen concentrations, and increased
nutrient concentrations. Ideally, riparian buffers for all stream classifications and
wetlands should be identified, inventoried, and mapped.
Other potential sources of contamination from Timber Operations include:
 Oil, fuel or hydraulic fluid spill from the timber operation machinery.
28
Forestry Protection Planning Recommendations:
1. Establish active forestry management for water supply protection in a
comprehensive plan. Prepare a comprehensive forest management plan
specifically designed for a water supply watershed. Implement the plan and
include BMPs for wetlands and stream crossings and in compliance with forestry
regulations as appropriate.
2. Encourage and support efforts by private land owners to actively manage forests
for water supply protection.
3. Continue to monitor all forestry activities on Town, state and privately held land
within the watershed.
Public Access/Recreation Impacts and Control
Uncontrolled access may result in erosion that poses a significant threat to water quality
in areas that are proximal to tributaries and the reservoirs, potentially resulting in
additional water treatment costs if they continue unchecked. Uncontrolled erosion
contributes sediment, various contaminants and pathogens into the contributing waters
and reservoirs. The Water Department has a gated access road and signs prohibiting
access to the reservoir. There is very little public access or recreation impacts in the
Muschopauge Reservoir watershed. The dairy farm and horse farm on the eastern shore
of the Reservoir do not allow their livestock access to the water of the Reservoir.
In-lake Problems and Management
Muschopauge Pond Reservoir
Rutland’ Muschopauge Reservoir is
a primarily spring fed impoundment
with a small watershed and few
tributaries. The raw water is
chemically treated prior to entering
the clarification and filtration units,
Chlorine may be added as a predisinfectant
to prevent biological
growth in the treatment units. Sodium
hydroxide may be added to adjust the
pH of the water to enhance the
treatment process. Alum and/or a
polymer are added as coagulants to
assist in the removal of impurities
from the water. A static mixer
uniformly distributes the chemicals
throughout the raw water.
Corn fields and forested vegetation surrounding the
Muschopauge Reservoir.
29
Muschopauge Reservoir experiences annual turbidity in the spring when the ice melts and
the tributaries are in melt and runoff conditions.
Watershed Sampling Plan and Control
Raw water pH, turbidity, conductivity and color are monitored daily. Iron, manganese,
and total dissolved solids are checked daily. Coliform bacteria, pH and alkalinity are
checked monthly. All samples are taken from a tap on the influent line at the Rutland
Water Plant. The Rutland Water Department does not conduct watershed sampling at this
time.
Watershed Control
The Rutland Water Department regularly inspects the watershed and reservoirs for spills
and activity that could contaminate or compromise the water sources.
Upon the completion of the Rutland Source Water Protection Plan, the Rutland Water
Department will update the plan annually and implement its recommendations over the
next few years.
Drought Impact
The Muschopauge Reservoir has not been recently impacted by drought conditions.
Storage Capacity
The storage tank capacity for the Rutland Water Department is 1 million gallons. The
plant has a pumping capacity of 1.5 million gallons per day. During the drought period of
August 2007 the Muschopauge Reservoir
was noticeably lower, but the Rutland Water
Department did not require their customers to
limit their use of water. The Muschopauge
Reservoir retains near normal water levels
during drought years due to the nature of the
springs that supply the impoundment.
However, if the Holden Water Department
were to use the Muschopauge Reservoir as an
emergency source in then the water supply
would most certainly be impacted, as prior
evidence of this was noted when Holden was
drawing water from the reservoir.
The Rutland Water Department is planning
on building a new 1 million gallons storage
tank at the Rice Hill location when funding is
secured and approved. They will be
contracting with Natgun Corporation for a
concrete holding tank. Muschopauge Reservoir’ water storage
tank.
30
Protected Open Space
A large portion of Rutland’ Muschopauge Reservoir watershed is protected at this time
from development. However, a few parcels of residential land within the Zone A and B
remain unprotected. The Water Department should consider long term planning to
acquire the land through ownership, Conservation Restrictions or an MOU. Implementing
source protection measures reduces the risk of actual contamination. The water supplier
is commended for taking an active role in promoting source protection measures in the
Water Supply Protection Area through:
Ownership of a significant portion of Town land in the Zone A bordering the reservoir,
Actively communicating with residents to control unauthorized access to the watershed.
Priority Parcels
The need to protect priority parcels was discussed by the Rutland Source Water
Protection Committee. The priority parcels that are not permanently protected in
Muschopauge Reservoirs Zone A and B are listed below. Please also refer to Map 5:
WsPA for the Town of Rutland - Priority Parcels, the areas governed by the WsPA
provided by the Mass Department of Conservation and Recreation; and Map 7: Priority
Parcels: All Unprotected land within Zone A and B.
It is recommended that the Rutland Water Department send an outreach letter to the
landowners listed in the Priority Parcel Owners table to remind them that their land is
within an important recharge area for the Muschopauge Reservoir. This letter would also
relay to the land holders that parcels in permanent protection around drinking water
supplies better ensures that future water quality remains high. There is a large portion of
land in protection around Muschopauge Pond, if the landowners in Table 3 were to also
permanently protect the land nearest to the reservoir this would create a more contiguous
recharge buffer zone for Rutland’ drinking water supply.
Table 3: Priority Parcel Owners
Parcel
Number
Owner Address Area - Use
58/C 1 Prosser, Sheila L./Judkins
76 Wheeler Rd.
201,700–Land only
58/ C 2 Prosser, Sheila L./Judkins
76 Wheeler Rd.
41,000 –Structures
58/ C 3 Lebetkin, Kenneth 62 Wheeler Rd. 285,000 –Structures
58/ C 4 Judkins, Alan I. 41,000 –Land only
58/ C 8 Treasure Hunt Farm 64 Wachusett St. 249,800–Land only
61/ A 1 Tripp, Mark&Ann 67 Muschopauge Rd. 7,800 - Structures
61/ A 3 Tripp, Mark&Ann 67 Muschopauge Rd. 1,300 –Land only
61/ A 4 Winslow, Janet V. Muschopauage Rd. 22,500 –Land only
61/ A 7 Uptegrove, Carol 10,900 –Land only
61/ B 1 Tripp, Mark&Ann 67 Muschopauge Rd. 459,200 –Structures
61/ B 2 Winslow, Charles 75 Muschopauge Rd. 239,400 - Structures
61/ B 3 Jordan, Louise 83 Muschopauge Rd. 294,000 - Structures
31
Map 5: WsPA for the Town of Rutland -
Priority Parcels
Priority Parcel Area
Source: Mass.gov Watershed Protection Act (WsPA)
Viewer
The land characteristics surrounding
Muschopauge Pond consist of mixed forest,
agricultural activities and residential homes.
A contiguous border of protected parcels
around drinking water best ensures that
water quality remains high.
32
Map 6: Muschopauge Reservoir Protected Parcels
Scale -1:15,000
Source(s): MASSGIS Datalayers –uthor:RJM Date: 11/09
/
.-
Muschopauge Pond Res.
PWS# 2257000-01S
Intake
Town of Holden
Emergency Source
PWS# 2134000-01S
Muschopauge
Pond
Rutland
Holden
Jordan Farm
Cr #2
Muschopauge Pond
Jordan Farm
Maynard Farm
Williams Farm
Jordan Farm
Maynard Farm
Jordan Farm
Conservation Land
Conservation Land
Conservation Land
Williams Farm
Williams Farm
Heifer Project International
!
Maynard Farm
Conservation Land
Heifer Project International
Conservation Land
Muschopauge Pond
Conservation Land
!
Muschopauge Pond
Williams Farm
Sandstrom
Muschopauge Pond
Main St
Wachusett St
Muschopauge Rd
East County Road
Central Tree Rd
Naquag St
Wheeler Rd
Overlook Rd
Blair Dr
Juniper Ln
Nancy Dr
Summer Hill Dr
Grandview Ave
Bond Rd
Muschopauge Brook
Worcester Brook
Zone C
Zone B
Zone A - Wachusetts Reservoir
Public Water System
DCR-Water Supply Protection
Municipal
Land Trust
Conservation Organization
Non-Profit
Private
Conservation Restriction
Agricultural Preservation Restriction
33
Scale -1:15,000 Map 7: Priority Parcels: All Unprotected land within Zone A and B
Source(s): MASSGIS Datalayers –uthor:RJM Date: 11/09
/ Public Water System
Zone A - Wachusetts Reservoir
Zone B
Zone C
Open Space: Level of Protection
In Perpetuity
Limited
.-
Muschopauge Pond Res.
PWS# 2257000-01S
Intake
Town of Holden
Emergency Source
PWS# 2134000-01S
Muschopauge
Pond
Rutland
Holden
Quabbin Aquaduct
Priority Parcels
Priority Parcels
Priority Parcels
Priority Parcels
Main St
Wachusett St
Central Tree Rd
Bond Rd
Blair Dr
Juniper Ln
Nancy Dr
Summer Hill Dr
Fernwood Dr
Prescott St
Heritage Hill Dr
Thornapple Cir
Haven Hill Dr
34
Map 4: Official Town of Rutland Zoning Map
35
Zoning
Current Zoning and Future Impact to Protection Zones
The recharge areas or protection zones (Zones A and B) for Rutland Reservoir are zoned
Residential District R40.
The future impact to water supply allowed by current zoning is low due to a Watershed
Protection Overlay District that covers Muschopauge Reservoir’ Zone A and B and the
Watershed Protection Act (WsPA). The WsPA regulates land use and activities within
critical areas of the Quabbin Reservoir, Ware River and Wachusett Reservoir watersheds
for the purpose of protecting the quality of drinking water. Administered by the Division
of Water Supply Protection (formerly the MDC Division of Watershed Management),
WsPA applies only in towns in DCR watersheds.
Regulatory /Non-Regulatory Protection Strategies
Water Supply Protection District
Rutland has a Water Supply Protection District (WSPD) Bylaw for the Muschopauge
Reservoir watershed that supplies the Town with its water. The overlay is intended to
protect Rutland’ water supply from land uses that may potentially contaminate the
reservoir. It is recommended that the Town of Rutland update its Watershed
Protection District. This proposed bylaw will need to be submitted to MassDEP’
Boston office for review to ensure compliance with 310 CMR 22.20C.
Please see Appendix A: Proposed and Existing Bylaws for the Rutland Watershed
Protection Overlay District and an example of an expanded Watershed Protection District
Bylaw. Also see the Resources section for more information on the Watershed Protection
Act.
Land Protection Strategies
Residential and commercial developments, with all of its associated land uses, are the
biggest threats to a drinking water supply. Their contamination is slow and insidious,
often overlooked until a crisis is thrust upon the community, usually requiring a lot of
money that no one has to fix. Residents of Rutland value the areas of their town that are
rural. Rural landscape provides many benefits including wildlife habitat, aquifer/surface
water recharge, farmland, and aesthetic beauty. It is critically important that town
officials discuss alternatives to development with landowners to preserve open space in
Rutland.
This is a tax relief program that is designed to give favorable treatment to land owners
that are willing to manage their land for:
CHAPTER 61 “hapter Lands”Timber products: Chapter 61, lands taxed at only 5% of fair market value.
Agriculture or Horticulture: Chapter 61A, for working or family farms. Tax rate
determined by the Farmland Valuation Advisory Committee.
36
Natural Resources and Recreation: Chapter 61B, lands taxed at 25% of fair
market value.
There is a minimum acreage requirement for each program. Land must be registered
each year at the Assessors office and you must agree to leave the land in the program for
a certain number of years. There are financial penalties for sudden withdrawal from the
program, but no penalties for allowing this tax status to expire. Chapter lands are not
permanently protected.
This is a state funded program used to protect the states prime and important agricultural
lands.
AGRICULTURAL PRESERVATION RESTRICTION (APR)
It may provide permanent protection to working farms and orchards, though in some
cases an APR can be undone. It is a voluntary program, but the application process is
slow and requires a patient land owner. The state pays the difference between the fair
market value and the agricultural value of the land. The landowner agrees to a permanent
deed restriction that protects the land from uses that would have a negative impact on its
use for agricultural purposes.
Although a little complex, this is a powerful tool for all land owners who wish to
permanently protect all or part of their property. The terms of the agreement are
determined by the landowner.
CONSERVATION AGREEMENT (CR)
 It is a voluntary agreement in which a landowner limits uses (e.g. development)
while retaining private ownership.
 Landowners use land preservation agreements to protect a property’ natural and
scenic features.
 Significant federal income and estate tax benefits as well as local real estate tax
benefits can result from granting a land preservation agreement.
 A qualified appraisal must be done on the land to determine the amount of the
deduction and the value of the agreement.
 Land owners can sell or give away the property after the agreement has been
placed on the land.
 All future owners are bound by the terms of the agreement.
 Every agreement is unique, tailored to a particular land owner’ goals and land.
 Land preservation agreements can be donated or sold to a non-profit entity such
as a local land trust, conservation commission, a public water system
 The recipient who accepts the agreement is legally bound to enforce the terms of
the restriction in perpetuity. In order for the owner to qualify for a tax deduction,
the agreement must be perpetual.
or a
federally recognized charity under IRS Code Section 501(c)(3).
 The public does not automatically have access to property protected by a land
preservation agreement.
 The agreement holder monitors the property, generally once a year, to assure that
the terms are being upheld. Some agreement holders may request an endowment
be made to ensure long-term monitoring and enforcement of the restriction.
37
 To accomplish the donation or sale of a land preservation agreement, the
landowner needs to work closely with the organization or government entity that
will hold the agreement. That may include:
Consulting with legal and tax counsel
Tour of the property to evaluate and discuss the easement
Approval from the holder’ Board of Directors
Preparing baseline documentation of the property for monitoring purposes
Title search
Obtaining a mortgage subordination from the lender if there is an existing
lien
Negotiating the agreement and drafting the document
Obtaining a qualified appraisal
Signing and recording the final restriction and legal documents
The MassDEP and Executive Office of Energy and Environmental Affairs (EOEEA)
approve Conservation Restrictions (CR). A model CR is available on MassDEP’ website
at www.mass.gov/dep/water/drinking/protect.htm and in Appendix A: Proposed
Bylaws.
Please also see the Massachusetts Conservation Restriction Handbook at
The MassDEP may have grant assistance available to purchase land to protect drinking
water resources. This grant is dependent upon funding.
DRINKING WATER SUPPLY PROTECTION GRANT PROGRAM
For more information on the Drinking Water Supply Protection Grant Program
please visit the MassDEP website at http://www.mass.gov/dep/water/dwgrant.htm.
Community Preservation Act
Community Preservation Act (M.G.L. Ch. 44B) provides Massachusetts cities and towns
with a mechanism to protect open space, preserve historic buildings and sites, and create
affordable housing. Towns may establish by local referendum a property tax surcharge of
up to 3% to help fund these activities. Funds raised locally through the Community
Preservation Act (CPA) will be supplemented by state matching funds. At least 10% of
CPA funds must be spent on each of the following three activities: open space protection,
historic preservation and affordable housing. The remaining 70% may be used for any
one or more of these three purposes in accordance with the community’ priorities.
Rutland should consider adopting the CPA to provide a steady source of income for open
space protection, historic preservation and affordable housing activities. There are two
methods available to Rutland to adopt the CPA. First, Town Meeting can vote to place
the question of adopting the CPA before the voters as a referendum. Second, if Town
Meeting does not adopt the CPA language at least 90 days before a regular town election
or 120 days before a state election, then a petition signed by 5% of the registered voters
in Rutland can be filed to place the question on the ballot.
38
The CPA will be adopted if the referendum passes by a majority vote. If Rutland adopts
the CPA, the Town may choose to exempt $100,000 of value for each taxable parcel
and/or the full value of residential property owned by low income persons or low and
moderate income senior citizens. In addition, the CPA does not affect any other real
estate tax exemptions or abatements authorized under M.G.L. Ch. 59 or any other state
law. Upon adoption of the CPA, a community must appoint a Community Preservation
Committee consisting of between five and nine members, including one member from
each of the following: Conservation Commission, Historic Commission, Planning Board,
Board of Park Commissioners, and Housing Authority. The Committee makes
recommendations to Town Meeting for the use of money in the local Community
Preservation Fund. In addition, communities may issue bonds in anticipation of
Community Preservation Fund receipts. These funds may be used for:
Open Space: Community Preservation funds may be used to purchase land, easements or
restrictions to protect existing and future water supply areas, agricultural and forest land,
coastal lands, frontage to inland water bodies, wildlife habitat, nature preserves, and
scenic vistas. If the community is only spending 10% of its funds on open space, the open
space cannot be purchased for recreational use.
Recreation: Land can also be purchased for active and passive recreational uses
including land for community gardens, trails, non-commercial youth and adult sports, and
parks, playgrounds or athletic fields.
Historic Preservation: Funds may be used to purchase, restore and rehabilitate historic
structures and landscapes that have been determined by the local Historical Commission
to be significant in the history, archeology, architecture or culture of a city or town, or
that are listed or eligible for listing on the State Register of Historic Places.
Affordable Housing: Funds may be used to create and preserve housing for low and
moderate income individuals and families, including low and moderate income senior
housing. The Act requires the Committee to recommend, wherever possible, the adaptive
reuse of existing buildings or construction of new buildings on previously developed
sites.
Recommendations:
1. Conduct outreach to landowners about options for protecting open space within
the WSPD.
2. Town may take proactive steps to acquire land through the adoption of the
Community Preservation Act.
3. Acquire available funds for land purchase through the Commonwealth Capital
funding process or the Drinking Water Supply Protection Grant Program.
39
Table 3: Strategies for Protecting Open Space
CHAPTER 61 CHAPTER 61A CHAPTER 61B
PURPOSE
Tax incentive for longterm
management of
woodland for wood
production.
Tax incentive for active agricultural or
horticultural uses.
Tax incentive for land in
natural, wild, open or
landscaped use; or an
approved recreational use.
ELIGIBILITY
Minimum of 10
contiguous acres. A
continuous commitment
to improving the ‘uality
and quantity’of timber
crops on woodlands.
Forest management plan
approved by state
forester.
Minimum of 5 acres “ctively devoted”to agricultural and/or horticultural uses
at least 2 years prior to classification.
Minimum annual gross sales of $500.
Additional contiguous land may also
qualify.
Minimum of 5 acres in open
space or recreational uses.
TAX
ASSESSMENT
Assessed at 5% fair
market value, at
commercial rate, plus 8%
stumpage value of
products harvested in
prior year.
Assessed at agricultural/horticultural
“se”value, at commercial rate. Values
assigned by Board of Assessors and
may change annually.
Assessed at maximum value
of 25% fair market value, at
commercial rate.
HOW TO
ENROLL
Application package filed
with State Forester by
June 30. Approved
application package
submitted to Board of
Assessors by August 31.
Application good for 10
years.
Annual application filed with Board of Assessors by October 1.
ENROLLMENT
PERIOD
Enrolled until withdrawn
from classification and
withdrawal penalty paid.
Forest management plan
updated every 10 years.
Enrolled until sold for or converted to
another use, and either conveyance tax
or roll-back tax paid. Annual filing with
Board of Assessors. Forest
management plan updated every 10
years on acres classified as “roductive
woodlands”
Enrolled until sold for or
converted to another use, and
either conveyance tax or rollback
tax paid. Annual filing
with Board of Assessors.
WITHDRAWAL
OR CHANGE
OF USE
PENALTY
Penalty payment
depends on number of
years in the program,
and is difference
between taxes paid
under Chapter 61 and
what would have been
paid if not classified, plus
interest. Annual forest
products tax credit may
or may not be applied to
withdrawal penalty,
Conveyance or roll-back tax imposed,
but not both. Conveyance tax rate
applied when land sold for a nonqualifying
use, decreasing from 10% to
1% over first 10 years of ownership.
Roll-back tax is difference between
taxes paid under Chapter 61A and what
would have been paid if not classified,
with no interest. Roll-back tax imposed
for 5 prior years.
Conveyance or roll-back tax
imposed, but not both.
Conveyance tax rate applied
when land sold for a nonqualifying
use, and is 10% for
first five years of ownership
and 5% for second 5 years.
Roll-back tax is difference
between taxes paid under
Chapter 61B and what would
have been paid if not
classified, plus interest. Rollback
tax imposed for 10 prior
years.
TOWN’ RIGHT
OF FIRST
REFUSAL
Town has first right of refusal when land sold or converted to residential, commercial, or industrial
use. Option lasts for 120 days unless waived. Exception allowed for residential use by family member.
40
CONSERVATION
RESTRICTION
AGRICULTURAL PRESERVATION
RESTRICTION ESTATE PLANNING
PURPOSE
To limit the use of land in order
to protect specified conservation
values including the natural,
scenic, or open condition of the
land.
To permanently protect farmland by paying
landowners the difference between “air
market value”and the “gricultural value”of
their land in exchange for a permanent
deed restriction which precludes any use of
the land that will have a negative impact on
its agricultural viability.
To protect your land in a way that
makes good financial sense for you
and your family.
ELIGIBILITY
Conservation Restriction must
demonstrate public benefit
Farm must be at least five acres in size;
devoted to agriculture for the two
immediately preceding tax years; at least
$500 gross sales per year; soil suitability for
agriculture; degree of threat to the
continuation of agriculture; potential
economic viability of agriculture at that site;
and, proximity to other APR lands.
Decisions to protect land require
careful consideration of the special
features of your property, your land
conservation goals, your financial
situation, and your family’ needs
and wishes.
TAX
ASSESSMENT
Tax assessment varies by town
and by the type of restriction.
Call the Town Assessor for
details on tax abatement.
The land is eligible for farmland tax
assessment under Chapter 61A, and under
the APR program, it will continue to be
eligible as long as it is “ctively devoted”to
agriculture. The landowner should apply to
the local assessor each year prior to
October 1and the tax will be based on the
current farm use. Dwellings and their lots
and farm buildings will continue to be taxed
as other real estate.
Federal estate taxes can be as high
as 55% of a property’ fair market
value. The following options provide
tax relief: outright land donation,
donation of undivided partial
interests, donation of land by will,
donation of remainder interest in
land with reserved life estate,
bargain sale of land to a land trust
or conservation agency, lease, and
mutual covenant. Conservation
restrictions are also appropriate
estate planning tools.
HOW TO
ENROLL
Conservation restrictions must
be submitted according to the
written procedures of and
approved by the Secretary of
Environmental Affairs.
Once a completed application is received
by the Dept. of Agricultural Resources, it is
reviewed and a field inspection is
completed within 1 to 2 months.
Applications reviewed on a rolling basis.
Priorities are established based upon above
eligibility requirements. Timing of
acquisition depends on availability of funds.
Because land conservation is a
technical area of the law and
because your decisions can have
significant consequences, it is
important to seek out advisors who
are experienced in this field.
Consult one of the listed resources
below, a local land trust, tax
accountant, or lawyer with
appropriate experience.
ENROLLMENT
PERIOD
Allowed for a period of years
written into the restriction or in
perpetuity. Less than perpetual
restrictions will be approved
only where demonstrated critical
public interest exists.
In perpetuity N/A
WITHDRAWAL
OR CHANGE
OF USE
PENALTY
Withdrawal or change of use is
very difficult. Conservation
Restrictions should only be
considered if they are to be in
perpetuity or for a designated
term written into the easement.
There can be serious tax
penalties for withdrawal from a
conservation restriction.
Releasing an APR is very difficult and
requires three steps: the Commissioner of
the Dept. of Agricultural Resources must
determine the land is no longer fit for
agriculture, a 2/3 vote of the state
legislature must approve the release (MGL
Article 97), and landowner must reimburse
the State for the value of the APR at today’
value.
A change in use other than stated in the
APR also requires a 2/3 vote of the state
legislature.
N/A
TOWN’ RIGHT
OF FIRST
REFUSAL
N/A N/A N/A
FOR MORE
INFORMATION
MA Executive Office of Energy
and Environmental Affairs
Division of Conservation
Services
617-626-1012
Dept. Agricultural Resources 617-626-1700
Valley Land Fund 413-585-8513;
Preserving Family Lands by
Stephen J. Small available from
Landowner Planning Center, PO
Box 4508, Boston, MA 02101-4508
41
Emergency Response/ Contingency Planning
Current Plans
The Rutland Water Department has recently updated its Emergency Response Plan
during the Fall of 2009. The Emergency Response Plan, required by the MassDEP
prepares the Town of Rutland for immediate action in the case of a hazardous spill or
other activity that could potentially contaminate or harm the public drinking water
supply. Immediate response and concerted efforts to contain hazardous material by the
Rutland Water, Fire and Police Departments, and the Department of Environmental
Protections Spill Response Team, is the objective of the Emergency Response Plan.
Alternative Supply/ Contingency Planning Evaluation
In the event of a water supply emergency, alternative supplies need to be established in
order to provide the community with adequate water. The alternative supply sources that
were evaluated include emergency interconnections, bottled water and civil defense water
provisions.
Potential emergencies include mechanical failure of the distribution system or
contamination at the water supply source. The Town has 1 million gallon water storage
tank, which in the case of an emergency could supply customers for approximately 3
days under current delivery conditions.
In the event of an emergency, the Water Department will use media contacts to notify the
public that water conservation is a priority and notify the water users that the Water
Restriction Bylaw is in full effect.
The Rutland Water Department is presently working on an interconnection agreement
with the Town of Holden for an alternate source in the case of an emergency. Other
possible alternate sources/connection would be with the MWRA and the Town of Paxton.
These measures also include either purchasing bottled water and distributing to
consumers accordingly or contacting the civil defense for the utilization of water wagons.
Poland Springs, a local water supplier will be contacted for additional resources if
needed.
Map of the System
There is a detailed map of the Muschopauge Reservoir at the Town Hall Assessors office
and Planning Department. It is recommended that a this map identifying the locations of
intakes on the river, tributaries, watershed boundaries, public wells adjacent to the river
be distributed to the local emergency responders. Also a list of the chemicals used at the
treatment plant for the Muschopauge Reservoir and the location of stormwater drains and
the location of the impoundment dam in the event that they can be manipulated by
authorized individuals for containment control.
Communication List
Muschopauge Reservoir does not share upstream dams or any adjacent facilities to the
reservoir. However, the Reservoir is an upstream water source for the Wachusett
Reservoir system and its Zone A is governed by the Watershed Protection Act (WsPA).
42
Signage
The Muschopauge Reservoir is posted with signs on its only access road.
Hazardous Waste Collection
Household hazardous waste collection is conducted away from the Muschopauge
Reservoir.
Emergency Response Drills
Emergency Response Drills are conducted in coordination with the Fire department,
Police Department and the Department of Public Works. MEMA can notify the National
Guard or give names of other bulk water suppliers. The National Guard has potable water
bladder units that could be transported to the site.
Emergency Response Recommendations
1. Know regulatory reporting requirements of state and federal agencies. Know
who to call, telephone numbers, and what information to report.
2. Know your role and responsibilities. Have access to and be familiar with the
emergency communication list, policies, and procedures for emergency response.
Know when and how to safely handle spills or other events until first responders
arrive on the scene. Know what steps to take to avoid drawing contaminants into
the water supply system. Be familiar enough with local watershed characteristics
to provide the incident commander with information and advice.
3. Provide training and materials to responding staff. Water supply staff
including new employees should be adequately trained, have access to appropriate
clean-up/ response materials (storm drain covers, absorbent pads, booms, etc.),
up-to-date policies, procedures, and communications lists to perform tasks for
which they are responsible.
4. Provide follow-up reports to the public on the resolution of the situation.
5. Share information learned from drills and real situations with other
municipalities in order to better protect all public drinking water sources.
Drought and Emergency Procedures/Planning
Please see Appendix A: Proposed and Existing Bylaws for a model Water
Conservation Bylaw.
43
Staffing
Name Position
Distribution
Certification
Treatment
Certification
Steve Cannell Primary Operator D-3 #1014 T-3 #7198
Neil Viner Water Operator D-2 T-2
Robert Salvador Water Operator D-2 T-2
Carl Christianson,
Jr.
Wastewater/Water
Op. D-2
Daniel French
Wastewater/Water
Op. D-2
Public Education and Outreach
Public education and outreach are some of the most important actions a community can
take to protect their water supply. Much of the information presented throughout this
report is not simply known by all homeowners. This information needs to be passed on to
the public so that they can engage in best management practices for protecting Rutland’
public and private water supplies. The sources of potential contamination to Rutland’
drinking water supplies, as well as public education and outreach recommendations, were
presented at a Source Protection Workshop on March 10, 2010.
Mass Rural Water Association recommends the Rutland Water Department conduct
educational outreach to the local public schools. It is recommended that the Water
Department visit the 4th grade each year to educate Rutland children on the importance of
protection their water supply from potential contamination.
Table 5: Internet Reference Sites for Educational Material
State of Massachusetts Community
Recycling Information-Earth 911 http://massachusetts.earth911.org
Household Hazardous Waste Links
MassDEP Waste & Recycling Homepage http://www.mass.gov/dep/recycle/reducere.htm
Hazardous Waste Publications
muncpl/hhwpubs.htm
Car Oil Recycling www.recycleoil.org
Disposal and Management of Leftover Paint http://www.paint.org/con_info/leftover.cfm
Non-Toxic Cleaning in the Home http://www.ns-products.com/nontox.htm
Recycling Grass Clippings and Composting
htm
Non-Point Source Information for Kids
htm
Septic System information
htm
44
References
Massachusetts Department of Environmental Protection, Bureau of Resource Protection,
Drinking Water Program. Source Water Assessment and Protection (SWAP) Report for
Rutland Water Department
Massachusetts Department of Environmental Protection, Drinking Water Program,
Updated May 2000 Developing a Local Surface Water Supply Protection Plan
Massachusetts Geographic Information System. Assessed 2009-2010. Executive Office
of Environmental Affairs, Commonwealth of Massachusetts.
Massachusetts Department of Conservation and Recreation. Watershed Protection Act.
45
Appendices
Appendix A: Proposed and Existing Bylaws
§ 12. Watershed Protection District.
A. Purpose. The purpose of this district is to:
(I) Preserve and protect the watershed of Muschopauge Pond, a public water supply used
by the Towns of Rutland and 1-bolden, from uses which could contaminate the water and
adversely affect the health, safety and general welfare of the residents of those towns;
(2) Preserve and protect the watercourse and wetlands within the watershed;
(3) Protect the Town against the detrimental use and development of land adjoining the
watercourse and the pond; and
(4) Preserve and maintain the groundwater table because of its contribution to the amount
and quality of water in the pond.
B. Definition. The Watershed Protection District is superimposed over any other district
established by this bylaw and includes all land within the Muschopauge Watershed as
delineated on the map of the United States Department of Interior, Geological Survey of
the Wachusett Quadrangle, AMS 6668, IV, NW, Series V814, and all land within 50 feet
thereof
C. Interpretation and application. Any proposed use to be located within the limits of the
district as defined in Subsection B above shall be governed by all provisions of this
section as well as all other applicable provisions of the Zoning Bylaw.
D. Permitted uses. Within the Watershed Protection District, the following uses shall be
allowed:
(1) Municipal uses, such as waterworks, pumping stations and other essential services
and parks and any buildings and structures accessory thereto;
(2) Agricultural, horticultural, and floricultural uses, subject to any conditions imposed
by the Rutland Board of Health; and &
(3) Any use existing at the time of the passage of this section shall be allowed to
continue.
E. Uses allowed by special permit:
(1) Dumping, filling, excavating or transferring of any earth material, except that this
section shall not apply to or prohibit ordinary gardening areas on a lot where the principal
use is for a residence existing at the time of passage of this section.
46
§ 13 TOWN OF RUTLAND § 14
F. Special permit procedure. For the purpose of this section, the Rutland Planning Board
shall be the special permit granting authority. Application and issuance procedure shall
be in accordance with Article VII, Special Permits, of this Zoning Bylaw. The Planning
Board shall submit a copy of all applications to the Board of Health and the Conservation
Commission within three days of receipt. The Board of Health and Conservation
Commission shall transmit their comments in writing to the Planning Board within 20
days of receipt of a copy of the application, but in any event before the scheduled hearing
on the application.
47
Proposed Rutland Watershed Protection District
1.1 Water Supply Protection for Muschopauge Pond Watershed
1.10 Purpose of District
The purpose of this Water Supply Protection District is to:
A. Promote the health, safety, and general welfare of the community by
ensuring an adequate quality and quantity of drinking water for the
residents, institutions, and-businesses of the Muschopauge Pond
Watershed.
B. Preserve, maintain and protect existing and potential sources of drinking
water supplies for the public health and safety.
C. Protect, preserve and maintain the existing and potential Surface Water
supply and Surface Water recharge areas within the town.
D. Reduce erosion of topsoil and the subsequent sedimentation of surface
water bodies.
E. Conserve the natural resources of the Muschopauge Pond Watershed.
F. Prevent temporary and permanent contamination of the environment.
1.11 Scope of Authority
The Water Supply Protection District is an overlay district superimposed on the
zoning districts. This overlay district shall apply to all new construction,
reconstruction, or expansion of existing buildings and new or expanded uses.
Applicable activities/uses in a portion of one of the underlying zoning districts,
which fall within the Water Supply Protection District, must additionally comply
with the requirements of this district. Uses prohibited in the underlying zoning
districts shall not be permitted in the Water Supply Protection District.
1.12 Definitions
For the purposes of this section, the following terms are defined below:
Development:
building, pipe laying, or other activity resulting in a change in the physical
character of any parcel of land.
Any construction, external repair, land disturbing activity, grading, road
48
Disposal:
discharge, or placing of any material into or on any land or surface water
or groundwater so that such material or any constituents thereof may enter
the environment or be emitted into the air or discharge into any waters
subject to this ordinance.
The deposit, injection, dumping, spilling, leaking, incineration,
Impervious Surface
does not allow precipitation or surface water to penetrate directly into the
soil.
: Material or structure on, above, or below the ground that
Leachable wastes
fertilizer wastes capable of releasing waterborne contaminants to the
environment.
: Waste materials including solid wastes, sludge, sewage, pesticide and
Mining:
gravel, metallic ores, or bedrock.
The removal or relocation of geological materials such as topsoil, sand,
Potential Contaminating Activity:
discharge contaminants to surface or ground waters.
Activities identified as having the potential to
Potential Drinking Water Sources
in the future.
: Areas, which could provide significant potable water
Recharge areas
and aquifers. Recharge areas may include areas designated as Zone A,
Zone B, or Zone C.
: Areas that collect precipitation or surface water and carry it to reservoirs
Reservoir:
the public.
Any impoundment of surface water designed to provide drinking water to
Surface Water: All water that is open to the atmosphere and subject to surface runoff.
Surface Water Source:
designated as a public water supply in the Massachusetts Surface Water
Quality Standards, 314 CMR 4.00.
Any lake, pond, reservoir, river, stream or impoundment
Toxic or Hazardous Material
infectious characteristics posing a significant, actual or potential hazard to
water supplies or other hazards to human health if such substance or
mixture were discharges to land or water in the Watershed. Toxic or
hazardous materials include, without limitation; synthetic organic
chemicals, petroleum products, heavy metals, radioactive or infectious
wastes, acids and alkalis, and all substances defined as Toxic or
Hazardous under Massachusetts General Laws (M.G.L.) Chapter (c.) 2lC
and 2lE and 310 CMR 30.00, and also include such products as solvents
and thinners in quantities greater than normal household use.
: Any substance or mixture of physical, chemical, or
49
Tributary Stream:
wetland or other body of water formed there from, flowing either directly
or indirectly into any reservoir. Any body of running, or intermittently
running, water which moves in a definite channel, naturally or artificially
created, in the ground due to a hydraulic gradient, and which ultimately
flows to a Class A surface water source, as defined in 314 CMR 4.05 (3)
(a).
Any perennial or intermittent stream, including any lake, pond,
Watershed
from which surface runoff and groundwater flow down gradient into
streams, ponds, reservoirs, wetlands, and aquifers.
: Land area bounded by a ridgeline of higher elevation, or drainage divide,
Water supply drainage basin
flows to a common body of water associated with a water supply or a
potential water supply.
: An area within which all-overland and subsurface water
Water Supply Protection District
districts in the Rutland Water District. The Water Supply Protection
District includes the specifically designated recharge areas for
Muschopauge Pond: Zone A and Zone B.
: The zoning district defined to overlay other zoning
1.13 Watershed Zones
The watershed zones are generally defined by the direction of the flow of water.
These zones are specifically shown on the delineation map identified in the Map
Section of this ordinance entitled “ater Supply Protection District, Rutland
Water District” The watershed zones are described as follows:
Watershed Zones:
1.131 Zone A:
b. the land area within a 400 foot lateral distance from the upper
boundary of the bank of a Class A surface water source, as defined
in 314 CMR 4.05 (3) (a); and
a. The land between the surface water source and the upper
boundary of the bank;
c. the land area within a 200-foot lateral distance from the upper
boundary of the bank of a tributary or associated surface water
body.
1.132 Zone B: The land area within one-half mile of the upper boundary of the
bank of a Class A surface water source, as defined in 314 CMR
4.05 (3) (a), or edge of the watershed, whichever is less. However,
Zone B shall always include the land area within a 400-foot lateral
distance from the upper boundary of the bank of the Class A
surface water source.
50
1.133 Zone C: The land area not designated as Zone A or Zone B within the
watershed of a Class A water source as defined in 314 CMR 4.05
(3) (a).
1.14 Establishment and Delineation of the Water Supply Protection District
The Water Supply Protection District (WSPD) is defined as all lands within water
supply drainage basin in the Rutland Water District lying within the primary
(Zone A) and secondary recharge areas (Zone B and C) of Surface Water
Reservoirs and watershed areas (Zone A, B, and C) which provide public water
supply.
This bylaw establishes with the Rutland Water District certain water resource
protection zones, consisting of the Zones A, B, and C for the Muschopauge Pond.
These areas are designated as the “utland Water Supply Protection District,”as
depicted on the map entitled “ater Supply Protection District,”prepared for the
Rutland Planning Board, and on file in the Planning Board office. The Water
Supply Protection District is hereby incorporated as part of the “oning Map of
Rutland, Massachusetts dated when applicable and is on file in the Town Clerk’
office.
1.141 Disputed Designated Boundaries
When the actual Water Supply Protection Overlay District boundary or the Zone A
as delineated are in doubt or in dispute, the burden of proof shall be upon the
owner of, or other party interested in, the land in question to show where they
should properly be located. The landowner shall consult a professional geologist,
hydrologist, or other professional to determine more accurately the boundary of the
Water Supply Protection Overlay District or Zone A.
It is the obligation of the landowner to prove that they are not in an area of the watershed
that contributes to the public water supply. The qualified hydro geologist or Registered
Professional Engineer will determine more accurately the precise location of the water
supply district boundary and shall charge the owner(s) for the cost of such analysis.
In the case that the disputed Water Supply Protection Overlay District boundary or
the Zone A is determined to be located where the landowner originally claimed in
the dispute, the burden of the cost of the qualified analysis shall be charged to the
Town. Therefore, the party in the right shall not be required to pay for the study.
The Planning Board will make the final decision as to whether the disputed
property is in the Water Supply Protection Overlay District, Zone A or not.
51
1.15 Water Supply Protection Use Regulations
1.150 Whenever the requirements of this article differ from those prescribed in
other laws, ordinances and codes, the stricter requirements designated to protect
water supplies will take precedence.
1.151 Allowed Uses
The following uses are permitted within the Water Supply Protection
District, provided that all necessary permits, orders, or approvals required by local,
state, or federal law are also obtained:
a. Residential building uses permitted in the underlying district R-66. Residential
building must conform to the Special Permit Buffer Requirements/ Zone A if sited
in the Zone A and require a Special Permit if sited in the Zone A.
b. Conservation of soil, water, plants, and wildlife.
c. Outdoor recreation - except where posted, nature study, boating, fishing, and
hunting where otherwise legally permitted, subject to sections “rohibited Uses”and “pecial Permitted Uses”
d. Landings, foot, bicycle and bridges where otherwise legally permitted.
e. Normal operation and maintenance of existing water bodies and dams,
splash boards and other water control, supply and conservation devices.
f. Maintenance, repair, and enlargement of any existing structure provided
there is no increase in impermeable areas and subject to Sections “rohibited
Uses”and Section “pecial Permitted Uses”
g. Residential development, subject to Sections “rohibited Uses”and Section
“pecial Permitted Uses”
h. Agricultural uses, farming, gardening, nursery, conservation, harvesting, and
grazing, provided that fertilizers, herbicides and other leachable materials are not
stored outdoors and subject to Sections “rohibited Uses”and Section “pecial
Permitted Uses”
i. Construction, maintenance, repair, and enlargement of drinking water supply
related facilities such as, but not limited to wells, pipelines, aqueducts, tunnels
and all other necessary public utilities and facilities designed so as to prevent
contamination of surface water, subject to Sections “rohibited Uses”and Section
“pecial Permitted Uses”
52
Note: Where the application of fertilizers, pesticides, herbicides or other potential
contaminants is being made, Surface Water quality monitoring test wells may be installed
and periodically sampled and tested by the Town. An agent of the Board of Health will
conduct such installation and sampling. The handling, management and application of
such material shall be in accordance with 333 CMR.
The landowner applying fertilizers, pesticides, herbicides or other potential contaminants
shall be required to maintain application records and submit them to the Rutland Water
District upon request.
1.16 Prohibited Uses
The following uses are prohibited within the Water Supply Protection District.
a. All underground storage tanks.
b. Landfills and open dumps as defined in 310 CMR 19.006.
c. Automobile graveyards and junkyards, as defined in M.G.L. c. 140B
Sec.1.
d. Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the
following:
1. 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;
2. Treatment or disposal works for sanitary sewage if
necessary to treat existing sanitary sewage discharges in noncompliance
with Title 5, 310 CMR 15.00, provided the facility
owner demonstrates to the Department's satisfaction that there are
no feasible siting locations outside of the Zone A.
3. Any such facility shall be permitted in accordance with 314
CMR 5.00 and shall be required to disinfect the effluent. The
Department may also require the facility to provide a higher level
of treatment prior to discharge;
4. Treatment works approved by the Department designed for
the treatment of contaminated ground or surface waters and
operated in compliance with 314 CMR 5.05(3) or 5.05 (13).
5. Discharge by public water system of waters incidental to
water treatment processes.
e. All on-site subsurface sewage disposal systems, as defined in 310 CMR
15.000 (Title 5), within Zones A, B, and C, shall be in compliance with
the requirements of 310 CMR 15.000.
f. Facilities that generate, treat, store, or dispose of hazardous waste that are
subject to M.G.L. c. 21C and 310 CMR 30.00, except for the following:
53
1. Very small quantity generators as defined under 310 CMR 30.000.
2. Water remediation treatment works approved by DEP for the
treatment of contaminated ground or surface waters.
g. No stabling, hitching, standing, feeding or grazing of livestock or other
domestic animals shall be located, constructed, or maintained within 100
feet of the bank of a surface water source or tributary thereto. Owners and
operators of agricultural operations should consult the Massachusetts
Department of Food and Agriculture’ “n-Farm Strategies to Protect
Water Quality - An Assessment & Planning Tool for Best Management
Practices”(December 1996) for information about technical and financial
assistance programs related to erosion and sediment control and nutrient,
pest, pesticide, manure, waste, grazing, and irrigation management.
h. Cemeteries (human and animal) and mausoleums. No burial shall be
made, except by permission in writing by the Board of Water
Commissioners or like body having jurisdiction over such source of
supply, in any cemetery or other place within 100 feet of the high water
mark of a source of public water supply or tributary thereto. No lands not
under the control of cemetery authorities and used for cemetery purposes,
from which lands the natural drainage flows into said source of water
supply or tributary thereto, shall be taken or used for cemetery purposes
until a plan and sufficient description of the lands is presented to the
Department and until such taking or use is expressly approved in writing
by the Department.
i. No person shall swim, wade or bathe in any public surface water source
and no person shall, unless permitted by written permit by the Board of
Water Commissioners or like body having jurisdiction over such source,
fish in; enter or go in any boat, seaplane, or other vehicle; enter upon the
ice for any purpose, including the cutting or taking of ice; or cause or
allow any animal to go into, or upon, any surface water source or tributary
thereto.
j. Petroleum, fuel oils, and heating oil bulk stations and terminals including,
but not limited to, those listed under Standard Industrial Classification
(SIC) Codes 5171 and 5983. SIC Codes are established by the US Office
of Management and Budget and may be determined by referring to the
publication, Standard Industrial Classification Manual, and other
subsequent amendments.
54
k. No person shall apply herbicides to any surface water body including but
not limited to any reservoir and their tributaries, which serve as a source of
public water supply without a permit issued by the Massachusetts
Department of Environmental Protection pursuant to M.G.L. c. 111, § 5E.
This requirement does not apply to the application of algaecides
containing copper by the public water system. However, the public water
system shall notify the Department in writing prior to the application of
such algaecides.
l. On and after January 1, 2001, a public water system shall prohibit the
following new or expanded land uses within the Zone A of its surface
water sources.
(a) All underground storage tanks,
(b) Above-ground storage of liquid hazardous material as defined in
M.G.L. c.21E, or liquid propane or liquid petroleum products, except as
follows:
1. The storage is incidental to:
a. normal household use, outdoor maintenance, or the heating of a
structure;
b. use of emergency generators;
c. a response action conducted or performed in accordance with M.G.L.
c.21E and 310 CMR 40.000 and which is exempt from a ground water
discharge permit pursuant to 314 CMR 5.05(14); and
2. The storage is either in container(s) or above-ground tank(s) within a
building, or outdoors in covered container(s) or above-ground tank(s) in
an area that has a containment system designed and operated to hold either
10% of the total possible storage capacity of all containers, or 110% of the
largest container's storage capacity, whichever is greater. However, these
storage requirements do not apply to the replacement of existing tanks or
systems for the keeping, dispensing or storing of gasoline provided the
replacement is performed in accordance with applicable state and local
requirements;
m. Storage of sludge and septage, unless such storage is in compliance with
310 CMR 32.30 and 310 CMR 32.31.
n. Storage of deicing chemicals and treated sand unless such storage,
including loading areas, is within a structure designed to prevent the
generation and escape of contaminated runoff or leachate.
o. Storage of animal manure in the Zone A, unless covered or contained in
accordance with the specifications of the Natural Resource Conservation
Service.
55
p. Earth removal in Zone A, consisting of the removal of soil, loam, sand,
gravel, or any other earth material (including mining activities) of more
than 50 cubic yards, except for excavations for building foundations,
roads, or utility works. All other earth removal in the WSPD (Zones B and
C) shall comply with the Town Earth Removal Bylaw. No new sand or
gravel operations are allowed in the Zone A.
r. Stockpiling and disposal of snow, treated sand and ice removed from
highways and streets that contain sodium chloride, chemically treated
abrasives or other chemicals used for deicing roads of snow and ice.
s. Uncovered or uncontained storage of fertilizers. Storage of commercial
fertilizers, as defined in MGL Chapter 128, Sec. 64, unless such storage is
within a structure designated to prevent the generation and escape of
contaminated runoff or leachate.
t. The operation of recreational vehicles (ATVs, snowmobiles, etc.) is
prohibited within the WSPD. Property owners within the WSPD are
exempt from this prohibition.
u. Any floor drainage systems in existing facilities, in industrial or
commercial process areas or hazardous material and/or hazardous waste
storage areas, which discharge to the ground without a 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 meeting the requirements of all appropriate DEP
regulations and policies.
v. Motor vehicle repair operations.
w. Solid waste combustion facilities or handling facilities as defined at 310
CMR 16.00.
x. Land uses that result in the rendering impervious of more than 15%, or
more than 20% with artificial recharge, or 2500 square feet of any lot,
whichever is greater.
y. Commercial outdoor washing of vehicles, commercial car washes.
z. No water shall be diverted out of the Water Supply Protection District.
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1.17 Enforcement
Written notice of any violations of this bylaw shall be given by the Building
Inspector or Zoning Enforcement Officer to the responsible person as soon as
possible after detection of a violation or a continuing violation. Notice to the
assessed owner of the property shall be deemed notice to the responsible person.
Such notice shall specify the requirement or restriction violated and the nature of
the violation, and may also identify the actions necessary to remove or remedy the
violations and preventive measures required for avoiding, future violations and a
schedule of compliance. A copy of such notice shall be submitted to the Planning
Board, Building Inspector, the Board of Health, Highway Department, Select
Board, Conservation Commission, and the Board of Water Commissioners. The
cost of containment, clean up or other action of compliance shall be borne by the
owner and operator of the premises.
1.18 Severability
A determination that any portion of provision of this overlay protection district is
invalid shall not invalidate any other portion or provision thereof, nor shall it
invalidate any special permit previously issued there under.
57
Proposed Water Use Restriction Bylaw
Section 1 Authority
This Bylaw is adopted by the Town under its police powers to protect
public health and welfare and its powers under M.G.L. c.40, §§21 et seq,
and implements the Town’ authority to regulate water use pursuant to
M.G.L. c.41, §69B. This bylaw also implements the Town’ authority
under M.G.L. c. 40, §41A, conditioned upon a declaration of water supply
emergency issued by the Department of Environmental Protection.
Section 2 Purpose
The purpose of this bylaw is to protect, preserve and maintain the public
health, safety and welfare whenever there is in force a State of Water
Supply Conservation or State of Water Supply Emergency by providing
for enforcement of any duly imposed restrictions, requirements, provisions
or conditions imposed by the Town or by the Department of
Environmental Protection.
Section 3 Definitions
Person shall mean any individual, corporation trust, partnership or
association, or other entity.
State of Water Supply Emergency shall mean a State of Water Supply
Emergency declared by the Department of Environmental Protection
under M.G.L. c.21G, § 15-17.
State of Water Supply Conservation shall mean a State of Water Supply
Conservation declared by the Town pursuant to section 4 of this bylaw.
Water Users or Water Consumers shall mean all public and private users
of the Town’ public water system, irrespective of any person’
responsibility for billing purposes for water used at any particular facility.
Section 4 Declaration of a State of Water Supply Conservation
The Town, through its Board of Water Commissioners, may declare a
State of Water Supply Conservation upon a determination by a majority
vote of the Board that a shortage of water exists and conservation
measures are appropriate to ensure an adequate supply of water to all
water consumers. Public notice of a State of Water Conservation shall be
given under section 6 of this bylaw before it may be enforced.
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Section 5 Restricted Water Uses
A declaration of a State of Water Conservation shall include one or more
of the following restrictions, conditions, or requirements limiting the use
of water as necessary to protect the water supply. The applicable
restrictions, conditions or requirements shall be included in the public
notice required under section 6.
a) Odd/Even Day Outdoor Watering: Outdoor watering by water
users with odd numbered addresses is restricted to odd numbered
days. Outdoor watering by water users with even numbered
addresses is restricted to even numbered days. Premises with both
odd and even numbering shall observe the restriction at all times
within the portion of the premises having the applicable number.
b) Outdoor Water Ban: Outdoor watering is prohibited.
c) Outdoor Watering Hours: Outdoor watering is permitted only
during daily periods of low demand, to be specified in the
declaration of a State Water Supply Conservation and public notice
thereof.
d) Filling Swimming Pools: Filling of swimming pools is prohibited.
e) Automatic Sprinkler Use: The use of automatic sprinkler systems
is prohibited.
Section 6 Public Notification of a State of Water Supply Conservation:
Notification of DEP
Notification of any provision, restriction, requirement or condition
imposed by the Town as part of a State of Water Supply Conservation
shall be posted at the Rutland Town Hall, the Rutland Post Office, and
one other location deemed by the Commissioners to be frequented by the
public, and shall be published in a newspaper of general circulation within
the Town, or by such other means reasonably calculated to reach and
inform all users of water of the State of Water Supply Conservation. Any
restriction imposed under section 5 shall not be effective until such
notification is provided. Notification of the State of Water Supply
Conservation shall also be simultaneously provided to the Massachusetts
Department of Environmental Protection.
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Section 7 Termination of a State of Water Supply Conservation: Notice
A State of Water Supply Conservation may be terminated by a majority
vote of the Board of Water Commissioners, upon a determination that the
water supply shortage no longer exists. Public notification of the
termination of a State of Water Supply Conservation shall be given in the
same manner required by section 6.
Section 8 State of Water Supply Emergency: Compliance with DEP Orders
Upon notification to the public that a declaration of a State of Water
Supply Emergency has been issued by the Department of Environmental
Protection, no person shall violate any provision, restriction, requirement,
condition of any order approved or issued by the Department intended to
bring about an end to the State of Emergency.
Section 9 Penalties
Any person violating this bylaw shall be liable to the Town in the amount
of $50.00 for the first violation and $100 for each subsequent violation
which shall inure to the Town for such uses as the Board of Water
Commissioners may direct. Fines shall be recovered by indictment, or on
complaint before the District Court, or by non-criminal disposition in
accordance with section 21D of Chapter 40 of the General Laws. Each
day of violation shall constitute a separate offense.
Section 10 Severability
The invalidity of any portion or provision of this bylaw shall not invalidate
any other portion or provision thereof.
61
MODEL (draft) ZONE A CONSERVATION RESTRICTION
For Protecting Surface Waters Used as Public Drinking Water Sources
2009
This Model is designed to assist public water suppliers in developing a Conservation Restriction
to protect land located near and around surface waters used for public drinking water supplies.
This Model focuses on protecting land located in a Zone A but may be modified to protect land
in a Zone B and/or Zone C. This Model additionally provides for public recreation,
maintenance of vegetation, wildlife habitat and trails, and archeological investigations.
INTRODUCTION
Conservation Restrictions (CR) established pursuant to M.G.L. c.184, s.32 require approval
by MassDEP AND the Executive Office of Energy and Environmental Affairs (EOEEA).
What You Need to Know
Draft CRs must be reviewed by MassDEP prior to acceptance by the public water supplier
(PWS).
CRs must be placed under the control of the Board of Water Commissioners OR the Board
of Selectmen (acting as the Board of Water Commissioners).
A MassDEP public hearing and Notification is required. MassDEP assists with this process.
PWS must submit a Permit application [BRP WS-26] for land acquisition. This is available
MassDEP assists with this process.
EOEEA requires a CR application to be completed. In some cases a Baseline Survey must
also be completed. Information and assistance with these requirements are available from
the Division of Conservation Services, (617) 626-1138 or
Modifications to this Model require MassDEP review and approval.
1. Fill in
How to Use this Model
underlined blanks
2. Replace [bracketed words] with the requested information and remove brackets
with the correct information and remove underline.
3. Choose the correct choice of [underlined terms/words
4. Delete all notes and footnotes.
] and remove underlines and
brackets.
5. Do not remove words in “uotations”or (parenthesized words and phrases).
62
CONSERVATION RESTRICTION
FOR PUBLIC DRINKING WATER SUPPLY PROTECTION
date of draft
[I/We] ________________ , of [Name of Municipality], [Name of County] Massachusetts,
being [the sole owner/all of the owners], for my successors and assigns, “rantor” acting
pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, hereby
grant to the [Town/City] of [Name of Municipality] by and through its Board of Water
Commissioners1 pursuant to Massachusetts General Laws Chapter 40 Section 41, its permitted
successors and assigns, “rantee” for ______________ dollars ($__ .00) and other
consideration, in perpetuity and exclusively for public drinking water supply protection, the
following Conservation Restriction on a parcel of land, “remises” located in the [Town/City]
of [Name of Municipality], Massachusetts constituting approximately acres 2 and more
particularly described in Exhibit A and attached Plan of Land3. For Grantor’ title see
[Name of County] Registry of Deeds Book # page # .
Grantee acquires this Conservation Restriction subject to the approval of the Department of
Environmental Protection pursuant to Massachusetts General Laws Chapter 40 Sections 39B
and 41 and subject to the approval of the Secretary of Energy and Environmental Affairs
pursuant to Massachusetts General Laws Chapter 184, Section 32.
 Notes:
i. If there is a mortgage on the Premises, a subordination 4
ii. If there are building envelopes or other structural exclusions, identify them in the
above paragraph.
attached a subordination as
an Exhibit.
iii.Draft CRs should be dated with page numbers; the final executed copy should not be
dated.
iv. If the CR is funded by a state grant or purchased with Community Preservation funds;
the grant documents and a certified or attested copy of any municipal meeting votes
regarding the purchase and expenditure of funds should be referenced and attached
as an exhibit.
v. The M.G.L. referenced in this Model are provided at the end of this document.
This Conservation Restriction is defined in and authorized by Sections 31 through 33 of Chapter
184 of the Massachusetts General Laws and otherwise by law. The purpose of this
Conservation Restriction is to protect and maintain the drinking water quality of the [Name
Water Supply] [Source ID#], approved by the Massachusetts Department of Environmental
Protection as a source of public drinking water, and to ensure the Premises will be maintained in
its current condition, as set forth in the Baseline Survey
I. PURPOSE
5
1 Or Board of Selectman acting as the Board of Water Commissioners
, in perpetuity, predominantly in a
natural, scenic and undeveloped condition and to prevent any use or change that would
2 State if the CR covers only a portion of the lot/parcel; e.g “2 acres of a 4 acre lot”3 Or other map suitable for recording.
4 A subordination allows a debt or claim that has priority to take second position behind another
debt, particularly a new loan.
5 Omit if a Baseline Survey is not completed.
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materially impair or interfere with its conservation and preservation values as a public drinking
water supply source.
Note: If the land to be acquired under this CR borders land previously acquired by the
municipality for public use/Article 97; include the following sentence under the Purpose
section: “ermits for the change in use must be secured from all departments including, but not
limited to [Name of Municipal Boards] which is protected under [cite applicable Massachusetts
General Law and Code of Massachusetts Regulation] and in accordance with Article 97 of the
Amendments to the Massachusetts Constitution and otherwise by law”
II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, PERMITTED USES
A. Prohibited Acts and Uses
Subject to the exceptions set forth herein, the Grantor will neither perform nor allow others to
perform the following acts and uses that are prohibited on, above, or below the Premises:
1. No building or expansion of buildings. No mobile home, road, sign or other advertising
display, swimming pool, tennis court, utility services, poles and equipment, or other permanent
or temporary structures shall be constructed, placed or permitted to remain on said Premises
below or above the ground.
2. No soil, loam, peat, gravel, sand, rock, landfill, mineral substance, refuse, trash, debris,
junk, waste, vehicle parts or bodies, septage or other unsightly or offensive materials shall be
placed, stored or dumped therein the Premises, nor any nuisances allowed to be present on the
Premises.
3. No soil, loam, peat, gravel, sand, rock, landfill or other mineral substance or natural
deposit shall be excavated, or removed from the Premises.
4. No snowmobiles, motorcycles, mopeds, all-terrain vehicles, or other motor vehicles of
any kind shall be used, stored, maintained, operated or otherwise allowed on the Premises
except for vehicles required for public safety, (i.e., fire, police, ambulance) and individual
transportation vehicles (ITV) necessary for the mobility of persons with disabilities 6.
5. No pesticides as defined by the Federal Insecticide, Fungicide and Rodenticide Act of
1947, as amended, shall be mixed or stored on or under the Premises.
6. No fertilizers or animal manure shall be stored or used on the Premises.
7. No animal grazing, stabling, hitching, standing or feeding shall occur on the Premises.
8. No toxic or hazardous substances, material or wastes, shall be transported, used, stored,
applied or disposed of in any manner or to any extent on or under nor transported over or
through the Premises.
9. No underground or above-ground fuel storage tanks shall be installed, placed or allowed
to remain on the Premises.
6 An exception for ITVs must be included if the Premises will be open to the public.
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10. Notwithstanding the foregoing provisions with regard to specific prohibited uses and
activities, but in addition thereto, no other use shall be made of the Premises and no activity
permitted thereon which, in the opinion of the Grantee, is or may become inconsistent with or
threatening to the purpose and intent of this Conservation Restriction as herein before stated.
B. Permitted Uses, Reserved Rights and Exceptions 7
The Grantor reserves the right to conduct or permit the following activities and uses on the
Premises, but only if such uses and activities do not materially impair the conservation values of
the purpose of this restriction for protecting the drinking water quality of the [Name of Water
Supply]. Activities under this section shall be in compliance with all federal, state and local
laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from
a public agency does not imply that the Grantee or the Commonwealth takes any position of
whether such permit should be issued.
Note: The following Permitted activities and uses are examples. These and other uses
and activities (such as forestry and low intensive agriculture) may be allowed on a caseby
case basis. Considerations include the proximity of the of the use/activity to the
drinking water supply and site-specific conditions, such as areas subject to flooding,,
steep slopes, erodible soils and other features that may impact drinking water quality.
Uses and activities inconsistent with 310 CMR 22.20 will not be allowed.
1. Passive Public Recreational Activities On shore fishing, hiking, bird-watching, crosscountry
skiing and other non-motorized outdoor recreational activities that do not materially
alter the landscape or degrade drinking water quality and the maintenance and use of trails and
roads located within the Premises for passive recreational purposes.
2. Pruning and Invasive Species
(a). Removal of brush by pruning and cutting to prevent, control or remove hazards, disease,
insect or fire damage, and/or to preserve the present condition of the Premises.
(b). Removal of non-native or invasive flora and planting of indigenous species.
3. Wildlife Habitat Improvement With the prior written permission of Grantee, measures
designed to restore native biotic communities, or to maintain, enhance or restore wildlife,
wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs
and plant species.
4. Archaeological Investigations The conduct of archaeological activities, including without
limitation survey, excavation and artifact retrieval, following submission of an archaeological
field investigation plan and its approval in writing by Grantee and the State Archaeologist of the
Massachusetts Historical Commission (or appropriate successor official).
7 Uses to be retained by the Grantor are listed in this section. Retained uses must be consistent with
protecting drinking water quality. Section Paragraph B may be omitted if the Grantor is not
retaining any rights.
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5.
(a). The marking, clearing and maintenance of existing footpaths and trails.
Trails and Signs
(b). The erection, maintenance and replacement of signs with respect to hunting, trespass,
trail access, identity and address of the occupants, sale of the Premises, the Grantee's
interest in the Premises, and the protected Conservation values.
III. NOTICE AND APPROVAL
Whenever notice to or approval by Grantee is required under the provisions of Sections II and
III, Grantor shall notify Grantee in writing not less than 60 days prior to the date Grantor
intends to undertake the activity in question. The Grantors hereby shall not commence any use
or activity that requires prior written approval without having obtained Grantee's approval
according to the procedures set forth hereunder:
1. The notice shall describe the nature, scope, design, location, timetable and any other
material aspect of the proposed activity in sufficient detail to permit the Grantee to make an
informed judgment as to its consistency with the purposes of this Conservation Restriction.
2. Where Grantee’ approval is required, Grantee shall grant or withhold approval in writing
within 60 days of receipt of Grantor’ request. Grantee’ approval shall not be unreasonably
withheld, but shall only be granted upon a showing that the proposed activity shall not
materially impair the purposes of this Conservation Restriction.
3. Failure of Grantee to respond in writing within 60 days shall be deemed to constitute
approval by Grantee of the request as submitted, so long as the request sets forth the
provisions of this section relating to deemed approval after 60 days in the notice.
4. Any notice, request, consent, or communication required hereunder shall be in writing and
either served personally or sent by certified mail, return receipt requested, and postage
prepaid.
IV. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief
The rights hereby granted shall include the right to enforce this Conservation Restriction by
appropriate legal proceedings and to obtain injunctive and other equitable relief against any
violations, including, without limitation, relief requiring restoration of the Premises to their
condition prior to the time of the injury complained of (it being agreed that the Grantee may
have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in
limitation of, any other rights and remedies available to the Grantee for the enforcement of this
Conservation Restriction. The Grantee shall attempt to resolve issues concerning violations
through negotiations with the Grantor prior to resorting to legal means. In the event of a dispute
over the boundaries of the Conservation Restriction, the Grantor shall pay for a survey and
permanent monumentation of the boundaries.
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The Grantor covenants and agrees to reimburse the Grantee all reasonable costs and expenses
(including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in
taking reasonable measures to remedy, abate or correct any violation thereof, provided that a
violation of this Conservation Restriction is acknowledged by the Grantor, or determined by a
court of competent jurisdiction, to have occurred.
B. Non-Waiver
Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee.
Any election by the Grantee as to the manner and timing of its right to enforce this Conservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a
waiver of such rights.
C. Disclaimer of Liability
By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or
obligation relating to the condition of the Premises pertaining to compliance with and including,
but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts
which are not caused by the Grantee or anyone acting under the direction of the Grantee.
D. Acts Beyond the Grantor’ Control
Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to
bring any actions against the Grantor for any injury to or change in the Premises resulting from
causes beyond the Grantor’ control, including but not limited to fire, flood, storm and earth
movement, or from any prudent action taken by the Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Premises resulting from such causes. The
parties to this Conservation Restriction agree that in the event of damage to the Premises from
acts beyond the Grantor’ control, that if it is desirable that the Premises be restored, the parties
will cooperate in attempting to restore the Premises if feasible.
V. ACCESS
The Grantee is hereby granted a permanent easement of access to enter the Premises, or to
permit personnel from the Massachusetts Department of Environmental Protection a duly
constituted agency organized under the laws of the Commonwealth of Massachusetts, to enter
the premises, with reasonable notice to the landowners, for the purpose of inspecting the same
to determine compliance with or to enforce this Conservation Restriction, or taking any and all
actions with respect to the Premises as may be necessary or appropriate with or without order of
court, to remedy or abate any violation.
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VI. EXTINGUISHMENT
A. Termination
If circumstances arise in the future such as render the purpose of this Conservation Restriction
impossible to accomplish, this Restriction can only be terminated or extinguished, whether in
whole or in part, by a court of competent jurisdiction under applicable law. If any change in
conditions ever gives rise to extinguishment or other release of the Conservation Restriction
under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion
of the Premises, shall be entitled to a portion of the proceeds in accordance with paragraph B
below, subject, however, to any applicable law which expressly provides for a different
disposition of the proceeds. Grantee shall use its share of the proceeds in a manner consistent
with the Conservation purpose set forth herein.
B. Proceeds
Grantor and Grantee agree that the grant of this Conservation Restriction gives rise to a real
property right, immediately vested in the Grantee, with a fair market value that is at least equal
to the proportionate value that this Conservation Restriction, determined at the time of the gift,
bears to the value of the unrestricted property at that time. Such proportionate value of the
Grantee’ property right shall remain constant.8 Note: For an explanation of paragraphs A and
B above, see Notes at end of document
C. Grantor/Grantee Cooperation Regarding Public Action
Whenever all or any part of the Premises or any interest therein is taken by public authority
under power of eminent domain or other act of public authority, then the Grantor and the
Grantee shall cooperate in recovering the full value of all direct and consequential damages
resulting from such action. All related expenses incurred by the Grantor and the Grantee shall
first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed
between the Grantor and Grantee in shares equal to such proportionate value. If a less than fee
interest is taken, the proceeds shall be equitably allocated according to the nature of the interest
taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner
consistent with the Conservation purposes of this grant.
VII. ASSIGNABILITY
A. Running of the Burden
The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and
shall be enforceable against the Grantor and the successors and assigns of the Grantor holding
any interest in the Premises.
B. Execution of Instruments
The Grantee is authorized to record or file any notices or instruments appropriate to assuring the
perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of herself and
her successors and assigns, appoint the Grantee their attorney-in-fact to execute, acknowledge
and deliver any such instruments on her behalf. Without limiting the foregoing, the Grantor and
her successors and assigns agree themselves to execute any such instruments upon request.
8 For an explanation of paragraphs A and B, see Notes at end of document
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C. Running of the Benefit
The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the
Grantee, except in the following instances: As a condition of any assignment, the Grantee shall
require that the purpose of this Conservation Restriction continues to be carried out; and the
Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue
Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to
receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of
Massachusetts.
VIII. SUBSEQUENT TRANSFERS
The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any
deed or other legal instrument by which he divests himself of any interest in all or a portion of
the Premises, including a leasehold interest and to notify the Grantee within 20 days of such
transfer. Failure to do so shall not impair the validity or enforceability of this Conservation
Restriction.
The Grantor shall be liable to only for violations occurring during or his or her ownership, or for
any transfer, if in violation. Liability for any acts or omissions occurring prior to any transfer
and liability for any transfer if in violation of this Conservation Restriction shall survive the
transfer. Any new owner shall cooperate in the restoration of the Premises or removal of
violations caused by prior owner(s) and may be held responsible for any continuing violations.
IX. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall, within twenty (20) days, execute and deliver to
the Grantor any document, including an estoppel certificate, which certifies the Grantor’
compliance with any obligation of the Grantor contained in this Conservation Restriction.
X. NON MERGER
The parties intent that any future acquisition of the Premises shall not result in a merger of the
Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee
agrees that it will not take title, to any part of the Premises without having first assigned this
Conservation Restriction to ensure that merger does not occur. If it is determined that a transfer
or assignment of any interest will result in a merger, no deed shall be effective until this
Conservation Restriction has been assigned or other action taken to avoid a merger and preserve
the terms and enforceability of this Conservation Restriction. It is the intent of the parties that
the Premises will be subject to the terms of this Conservation Restriction in perpetuity,
notwithstanding any merger.
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XI. AMENDMENT
If circumstances arise under which an amendment to or modification of this Conservation
Restriction may be appropriate, Grantor and Grantee may jointly amend this Conservation
Restriction; provided that no amendment shall be allowed that will affect the qualification of
this Conservation Restriction or the status of Grantee under any applicable laws, including
Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31, 32 and 33 of
Chapter 184 of the General Laws of Massachusetts.
Any amendments to this Conservation Restriction shall occur only in exceptional
circumstances. The Holder will consider amendments only to correct an error or oversight, to
clarify an ambiguity, and in circumstances where in granting an amendment there is a net gain
in Conservation value. All expenses of all parties in considering and/or implementing an
amendment shall be borne by the persons or entity seeking the amendment. Any amendment
shall be consistent with the purposes of this Conservation Restriction, shall not affect its
perpetual duration, shall be approved by MassDEP and the Secretary of EOEEA and if
applicable, shall comply with the provisions of Article 97 of the Amendments to the
Massachusetts Constitution. Any amendment shall be recorded in the [Name of County]
Registry of Deeds.
XI. EFFECTIVE DATE
This Conservation Restriction shall be effective when:
(a). The Grantor and the Grantee have executed it;
(b). The administrative Approvals required by Section 32 of Chapter 184 of the General
Laws have been obtained, and;
(c). It has been recorded in the [Name of County] Registry of Deeds.
XII. RECORDATION
The Grantee shall record this instrument in timely fashion in the [Name of County] Registry of
Deeds.
XIII. NOTICES
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
mail, postage pre-paid, addressed as follows: To Grantor: [address] To Grantee: [address] or to
such other address as any of the above parties shall designate from time to time by written
notice to the other.
XIV. GENERAL PROVISIONS
A. Controlling Law
The interpretation and performance of this Conservation Restriction shall be governed by the
laws of the Commonwealth of Massachusetts.
70
B. Liberal Construction
Any general rule of construction to the contrary notwithstanding, this Conservation Restriction
shall be liberally construed in favor of the grant to effect the purpose of this Conservation
Restriction and the policy and purposes of Massachusetts General Laws Chapter 184, Sections
31 through 33. If any provision in this instrument is found to be ambiguous, any interpretation
consistent with the purpose of this Conservation Restriction that would render the provision
valid shall be favored over any interpretation that would render it invalid.
C. Severability
If any provision of this Conservation Restriction or the application thereof to any person or
circumstance is found to be invalid, the remainder of the provision of this Conservation
Restriction shall not be affected thereby.
D. Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to this Conservation
Restriction and supersedes all prior discussions, negotiations, understandings or agreements
relating to the Conservation Restriction, all of which are merged herein.
XV. MISCELLANEOUS
A. Pre-existing Public Rights
Approval of this Conservation Restriction pursuant to Massachusetts General Law Chapter 184,
Section 32 by any municipal officials and by the Secretary of Energy and Environmental Affairs
is not to be construed as representing the existence or non-existence of any pre-existing rights of
the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any,
are not affected by the granting of this Conservation Restriction.
B. Subordination of Mortgage
The Grantor shall record at the appropriate County Registry of Deeds simultaneously with this
Conservation Restriction all documents necessary to subordinate any mortgage, promissory
note, loan, equity credit line, refinance assignment of mortgage, lease, financing statement or
any other agreement which gives rise to a surety interest affecting the Property.
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WITNESS my hand and seal this ___________day of , 200_.
_______________________________
Name(s) & signatures of ALL owners
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss:
On this day of , 200_, before me, the undersigned notary public, personally
appeared _______________________________and proved to me through satisfactory evidence
of identification which was to be the person whose name is
signed on the proceeding or attached document, and acknowledged to me that he/she signed it
voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
72
ACCEPTANCE OF GRANT
The above Conservation Restriction was accepted by [Grantee_] this __________ day of
200_.
By: [Board of Water Commissioners/Select Board]
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Its: ___________________, duly authorized
COMMONWEALTH OF MASSACHUSETTS
, ss:
On this day of , 200_, before me, the undersigned notary public,
personally appeared ________________________________, proved to me through satisfactory
evidence of identification which was to be the person
whose name is signed on the proceeding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
++
73
(OR ACTING SELECT BOARD)
APPROVAL OF BOARD OF WATER COMMISSIONERS
We, the undersigned, being a majority of the [Board of Water Commissioners/Select Board] of
the [Town/City} of [Name of Municipality] Massachusetts, hereby certify that at a meeting duly
held on _________________, 200_, the Board voted to approve the foregoing Conservation
Restriction to the pursuant to Section 32 of Chapter 184 of the General
Laws of Massachusetts.
[Board of Water Commissioners/Select Board]
______________________________
______________________________
______________________________
______________________________
______________________________
COMMONWEALTH OF MASSACHUSETTS
, ss:
On this day of , 200_, before me, the undersigned notary public, personally
appeared ________________________________________________________________,and
proved to me through satisfactory evidence of identification which was personal knowledge to
be the persons whose names are signed on the proceeding or attached document, and
acknowledged to me that they signed it voluntarily for its stated purpose as [Board of Water
Commissioners/Select Board] for the [Town/City] of [Name of Municipality].
______________________________
Notary Public
My Commission Expires:
74
APPROVAL BY COMMISSIONER OF
DEPARTMENT OF ENVIRONMENTAL PROTECTION
The undersigned, Commissioner of the Massachusetts Department of Environmental Protection
of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation
Restriction to the [Town/City/] of [Name of Municipality] has been approved in the public
interest pursuant to Massachusetts General Laws, Chapter 184, Section 32.
Dated: ________________, 200_ ____________________________
Laurie Burt
Commissioner of MassDEP
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss:
On this day of , 200_, before me, the undersigned notary public,
personally appeared Laurie Burt and proved to me through satisfactory evidence of
identification which was personal knowledge to be the person whose name is signed on the
proceeding or attached document, and acknowledged to me that she signed it voluntarily for its
stated purpose as Commissioner of MassDEP.
______________________________
Notary Public
My Commission Expires:
75
APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the
Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction
to the [Town/City] of [Name of Municipality] has been approved in the public interest pursuant
to Massachusetts General Laws, Chapter 184, Section 32.
Dated: ________________, 200_ ____________________________
Ian A. Bowles
Secretary of Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss:
On this day of , 200_, before me, the undersigned notary public,
personally appeared Ian A. Bowles and proved to me through satisfactory evidence of
identification which was personal knowledge to be the person whose name is signed on the
proceeding or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose as Secretary of Energy and Environmental Affairs for the Commonwealth of
Massachusetts.
______________________________
Notary Public
My Commission Expires:
76
Exhibits
Attach an 8 ½ x 11 draft Plan of Land (or municipal Assessors map or other map suitable for
recording).
Exhibit A. Description of the Premises
(a). The map must identify:
The Map # and Lot/Parcel #;
Existing structures (sheds, driveways etc) and their dimensions;
The location of proposed activities (haying fields, hiking trails etc); and
Boundaries of building envelopes and other exclusions.
(b). The following Notes must be on the Plan/Map:
Label the Premises with the words “onservation Restriction
The area of the CR should be identified (i.e. This CR covers 2 acres of a 6 acre
parcel); and
This property is acquired for water supply protection pursuant to Massachusetts
General Laws Chapter 40, Sections 39, 41 and 15B and Article 97 of the
Amendments to the Massachusetts Constitution. This land is under the control of
the Board of Water Commissioners of the [Name of Municipality]. Massachusetts
Department of Environmental Protection (MassDEP) approval is required before
any portion of this property can be transferred to a different ownership or control
or before the property can be changed to a different use.
Exhibit B. Subordination of Mortgage
If there is a mortgage on the Premises, attach a subordination.
(Sample) Subordination of Mortgage
I/We, ____, Present holder(s) of a mortgage on property located at____ Massachusetts
(“remises” from__to __dated __ and recorded with ____Registry of Deeds in
Book___, Page___, hereby approve of, and subordinate the Mortgage and the
obligations secured thereby to the Conservation Restriction covering all/a portion of the
Premises to be recorded, to the same extent as if the Conservation Restriction had been
executed and recorded before the execution and recording of the Mortgage. In Witness
Whereof, the said _____ has caused its corporate seal to be hereto affixed and these
presents to be signed in its name and behalf by _____ its_____this ___day of ____, 20_.
____________________________________
by: ____________, 20_______
Attach acknowledgement certificate/notarization here
77
Exhibit C. Funding Approval
If the CR is funded by a state grant or Community Preservation funds; the grant documents and
a certified or attested copy of any municipal meeting votes regarding the purchase of the land
and expenditure of funds should be referenced and attached as an Exhibit.
Exhibit D
If one is required, attach the Baseline Survey
Legal References
MGL c. 40 s. 39B Acquisition of land and water For the purpose of establishing a water supply or water
distributing system as authorized by section thirty-nine A, any town, by its board of water commissioners or
selectmen authorized to act as such, may take by eminent domain under chapter seventy-nine, or acquire by
purchase or otherwise, and hold, the waters, or any portion thereof, of any pond, brook, spring, stream or ground
water sources within its limits, not already appropriated for purposes of public water supply, and any water or
flowage rights connected therewith; and also for said purpose may take by eminent domain under chapter seventynine,
or acquire by purchase or otherwise, and hold, all lands, rights of way and other easements necessary for
collecting, storing, holding, purifying and treating such water and protecting and preserving the purity thereof and
for conveying the same to any part of the town; provided, that no source of water supply and no lands necessary for
protecting and preserving the purity of the water shall be taken or used without first obtaining the advice and
approval of the department of environmental protection, and that the location and arrangement of all dams,
reservoirs, wells……r other works necessary in carrying out the provisions of sections thirty-nine A to thirty-nine
E, inclusive, shall be subject to the approval of said department.
MGL c. 40 s. 41 Protection of water supply Towns and water supply and Water Districts duly established by
law may, with the consent and approval of the department of environmental protection, given after due notice and a
hearing, take by eminent domain under chapter seventy-nine, or acquire by purchase or otherwise, and hold, lands,
buildings, rights of way and easements within the watershed of any pond, stream, reservoir, well or other water
used by them as a source of water supply, which said department may deem necessary to protect and preserve the
purity of the water supply. All lands taken, purchased or otherwise acquired under this section shall be under the
control of the board of water commissioners of the town/city or water district acquiring the same, who shall
manage and improve them in such manner as they shall deem for the best interest of the town or district. All
damages to be paid by a town or district by reason of any act done under authority hereof may be paid out of the
proceeds of the sale of any bonds authorized by law to be issued by such town or district for water supply purposes
or from any surplus income of the water works available therefore. A town may also make a contract to contribute
to the cost of building, by any other town situated in the watershed of its water supply, a sewer or system of sewers
to aid in protecting such water supply from pollution.
M.G.L c.184 s.31 defines a Conservation Restriction as: a right, either in perpetuity or for a specified number of
years, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other
instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to retaining land
or water areas predominantly in their natural, scenic or open condition or in agricultural, farming or forest use, to
permit public recreational use, or to forbid or limit any or all (a) construction or placing of buildings, roads, signs,
billboards or other advertising, utilities or other structures on or above the ground, (b) dumping or placing of soil or
other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials, (c)
removal or destruction of trees, shrubs or other vegetation, (d) excavation, dredging or removal of loam, peat,
gravel, soil, rock or other mineral substance in such manner as to affect the surface, (e) surface use except for
agricultural, farming, forest or outdoor recreational purposes or purposes permitting the land or water area to
remain predominantly in its natural condition, (f) activities detrimental to drainage, flood control, water
conservation, erosion control or soil conservation, or (g) other acts or uses detrimental to such retention of land or
water areas”
78
MGL c. 184 s 32 Effect, enforcement, acquisition, and release of restrictions No conservation restriction …as
defined in section thirty-one, held by any governmental body or by a charitable corporation or trust whose purposes
include conservation of land or water areas or of a particular such area ……shall be unenforceable on account of
lack of privity of estate or contract or lack of benefit to particular land or on account of the benefit being assignable
or being assigned to any other governmental body or to any charitable corporation or trust with like purposes, or on
account of the governmental body the charitable corporation or trust having received the right to enforce the
restriction by assignment, provided (a) in case of a restriction held by a city or town or a commission, authority or
other instrumentality thereof it is approved by the secretary of environmental affairs if a conservation restriction,
and (b) in case of a restriction held by a charitable corporation or trust it is approved by the mayor, or in cities
having a city manager the city manager, and the city council of the city, or selectmen or town meeting of the town,
in which the land is situated, and the secretary of environmental affairs if a conservation restriction, the
commissioner of the metropolitan district commission if a watershed preservation restriction, the commissioner of
food and agriculture if an agricultural preservation restriction, the Massachusetts historical commission if a
preservation restriction, or the director of housing and community development if an affordable housing restriction.
Article 97 The people shall have the right to clean air and water, freedom from excessive and unnecessary noise,
and the natural scenic, historic, and esthetic qualities of their environment; and the protection of the people in their
right to the Conservation, development and utilization of the agricultural, mineral, forest, water, air and other
natural resources is hereby declared to be a public purpose. The general court shall have the power to enact
legislation necessary or expedient to protect such rights. In the furtherance of the foregoing powers, the general
court shall have the power to provide for the taking, upon payment of just compensation therefore, or for the
acquisition by purchase or otherwise, of lands and easements or such other interests therein as may be deemed
necessary to accomplish these purposes. Land and easements taken or acquired for such purposes shall not be
used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and
nays, of each branch of the general court.
Explanation of Paragraph B in Section V
The purpose of Paragraph B is to ensure that if the Conservation Restriction is released (extinguished), the Grantee
is reimbursed accordingly.
The appraised fair market value of the property before the Conservation Restriction (CR) is $(A). The appraised
fair market value of the property after the Conservation Restriction is applied is $(B). The value of the
Conservation Restriction is $(A - B = C). The proportionate value of the Conservation Restriction in relation to the
fair market value of the parcel before the Conservation Restriction is applied is (C/A). Such proportionate value of
the Grantee's property right shall remain constant and in the proportion of (C/A) to the Grantee and (B/A) to the
Grantor, in the event the CR is extinguished.
The fair market value of a CR is the difference between the fair market value of the property before the Restriction
is applied. EXAMPLE: If the fair market value of a property prior to a CR is $100,000, and the fair market
value is $10,000 after the CR is applied, then the value of the CR is $90,000 (or 9/10ths of the fair market value of
the parcel before the CR).
The proportionate value of the CR is assumed to remain constant over time, regardless of whether the fair market
value of the property increases or decreases. It is this proportionate value (in this example 9/10ths) to which the
Grantee is entitled if the CR is released. To determine the value of a CR years after it was established; the fair
market value of the parcel must be determined by an appraisal assuming there was no Restriction. Then the ratio
(determined at the time the Restriction was established) is applied to the fair market value. For example; if at the
time of extinguishment the property is appraised (without the CR) to have a fair market value of $200,000 (a
$100,000 increase), the Grantee would be entitled to 9/10ths of $200,000.
In order to calculate the amount of funds due the grantee in the event the Restriction is released: the amount paid
for the CR and the fair market value of the property before the Restriction is applied, should be stated in the CR.
If the CR is acquired through a gift or bargain sale, then the proportionate value would be the ratio between the fair
market value of the property before establishment of the Restriction and the amount the Grantee actually paid, if
anything, for the Restriction.
79
Appendix B: Treatment Plant Schematic and Process
The treatment plant for Muschopauge Pond was completed in November 1997.
1. RAW WATER SOURCES
Untreated or “aw”water supply for the facility is obtained from Muschopauge Pond. The water
is pumped from this source to the treatment facility.
2. CHEMICAL ADDITION
The raw water is chemically treated prior to entering the clarification and filtration units,
Chlorine may be added as a pre-disinfectant to prevent biological growth in the treatment units.
Sodium hydroxide may be added to adjust the pH of the water to enhance the treatment process.
Alum and/or a polymer are added as coagulants to assist in the removal of impurities from the
water. A static mixer uniformly distributes the chemicals throughout the raw water.
3. CLARIFICATION & FILTRATION
The chemically treated water flows to clarification and filtration units, The water flows up
through the adsorption clarifiers consisting of a buoyant, plastic media. Some of the coagulated
particles in the water are adsorbed onto the surface of the media, The water then passes to the
filtration units. The water flows down through the mixed media filters, which trap and adsorb
remaining impurities. To complete purification, chlorine is added for disinfection to the filter
effluent. There are three prefabricated treatment units with a total capacity of processing 1.5
million gallons per day of water.
4. STORAGE & DISTRIBUTION
The filtered or “inish”water is stored in a clearwell located under the facility. Baffle walls
within the clearwell maximize contact time of the filtered water with the chlorine, thereby
enhancing the disinfection process. Fluoride is added for dental purposes. The water is pumped
from the clearwell into Rutland’ distribution system. Sodium hydroxide and a corrosion
inhibitor are added to the water prior to entering the distribution system to reduce corrosion.
The plant has a pumping capacity of 1.5 million gallons per day.
5. BACKWASH
The clarifiers and filters are backwashed on a regular basis to remove solids which clog the
units. Water is passed through the units causing the media to expand. The accumulated solids
from the media are flushed into a trough and transferred into the residuals basins located behind
the facility. The solids are allowed to settle to the bottom of the basins, and clarified water is
recycled back into Muschopauge Pond.
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6. MONITORING & TESTING
The plant may be operated automatically. Equipment continuously monitors the treatment
processes. Information on water level from the Rice Hill storage tank is also supplied to the
plant’ control system. Samples of incoming or raw water are analyzed in the on-site laboratory
to determine the appropriate treatment, while samples of filtered or finished water are tested to
verify compliance with federal and state drinking water standards.
81
Resources
July 26, 2002 Source Water Assessment and Protection Report Page 1
Massachusetts Department of Environmental Protection
Source Water Assessment and Protection (SWAP) Report
for
Rutland Water Department (Draft)
What is SWAP?
The Source Water Assessment
and Protection (SWAP) program,
established under the federal
Safe Drinking Water Act, requires
every state to:
· inventory land uses within the
recharge areas of all public
water supply sources;
· assess the suscepti bility of
drinking water sources to
contamination from these land
uses; and
· publicize the results to provide
support for improved protection.
Susceptibility and Water
Quality
Susceptibility is a measure of a
water supply’ potential to become
contaminated due to land uses and
activities within its recharge area.
A source’ susceptibility to
contamination does not imply poor
water quality.
Water suppliers protect drinking
water by monitoring for more than
100 chemicals, disinfecting,
filtering, or treating water
supplies, and using source
protection measures to ensure
that safe water is delivered to the
tap.
Actual water quality is best
reflected by the results of regular
water tests. To learn more about
your water quality, refer to your
water supplier’ annual C onsumer
Confidence Reports.
Introduction
We are all concerned about the quality of the water we drink. Drinking
water may be threatened by many potential contaminant sources,
including storm runoff, road salting, and improper disposal of hazardous
materials. Citizens and local offic ials can work together to better protect
these drinking water sources.
Purpose of this report:
This report is a planning tool to support local and state efforts to improve
water supply protection. By identifying land uses within water supply
protection areas that may be potential sources of contamination, the
assessment helps focus protection efforts on appropriate best
management practices (BMPs) and drinking water source protection
measures.
Refer to Table 3 for Recommendations to address potential sources of
contamination. Department of Environmental Protection (DEP) staff are
available to provide information about funding and other resources that
may be available to your community.
This report includes the following sections:
1. Description of the Water System
2. Land Uses within Protection Areas
3. Source Water Protection
4. Appendices
Table 1: Public Water System Information
PWS Name Rutland Water Department
PWS Address 250 Main Street
City/Town Rutland Massachusetts
PWS ID Number 2257000
Local Contact Carl Christianson
Phone Number (508) 886-4105
July 26, 2002 Source Water Assessment and Protection Report Page 2
The Town of Rutland’ water supply consists solely of one surface water
source, Muschapauge Pond. An intake pumping station located on the west side
of the pond conveys water to the distribution system. Muschopauge Pond is
located off of Muschopauge Road in Rutland.
In addition to filtering the water, treatment is also provided for corrosion
control, disinfection, and fluoridation. For current information on monitoring
results and treatment, please contact the Public Water System contact person
listed above in Table 1 for a copy of the most recent Consumer Confidence
Report. Drinking water monitoring reporting data are also available on the web
Section 2: Land Uses in the Protection Areas
The protection area for Rutland is a mixture of residential, protected open space
and forest land uses (refer to attached map for details). Land uses and activities
that are potential sources of contamination are listed in Table 2.
Key Land Uses and Protection Issues include:
1. Zone A Land Uses
2. Residential land uses
3. Aquatic Wildlife
4. Transportation Corridors
5. Agricultural Land Uses
6. Protection Planning
The overall ranking of susceptibility to contamination for the system is high,
based on the presence of at least one high threat land use within the water
supply protection areas, as seen in Table 2.
1. Zone A Land Uses - The Zone A is the land area within 400 feet of a
reservoir and 200 feet of its tributaries. The land uses and activities within the
Zone As include: residences with on-site septic systems, above ground storage
tanks, and roads. Public water systems are responsible for enforcing the
prohibition of certain new or expanded land uses within the Zone A, as detailed
in 310 CMR 22.20(b).
Zone A Recommendations:
ü Actively monitor new or expanded land uses within the Zone A according
to your watershed protocol submitted to DEP.
ü Control aquatic wildlife within the Zone A.
ü Work with local emergency response teams to practice containment of
spills within the Zone A.
ü Conduct regular inspections of the Zone A for illegal dumping and spills.
ü Install water supply protection area signs around the Zone A.
2. Residential Land Uses –Approximately 4% of the watersheds consist of
residential areas. None of the areas have public sewers, and so all use septic
systems. If managed improperly, activities associated with residential areas can
What is a Watershed? Section 1: Description of the Water System
A watershed is the land area
that catches and drains
rainwater down-slope into a
river, lake or reservoir. As water
travels down from the watershed
area it may carry contaminants
from the watershed to the
drinking water supply source. For
protection purposes, watersheds
are divided into protection Zones
A, B and C.
Glossary
Protection Zones
Zone A: is the most critical for
protection efforts. It is the area
400 feet from the edge of the
reservoir and 200 feet from the
edge of the tributaries (rivers
and/or streams) draining into it.
Zone B: is the area one-half mile
from the edge of the reservoir but
does not go beyond the outer edge
of the watershed.
Zone C: is the remaining area in
the watershed not designated as
Zones A or B.
The attached map shows Zone A
and your watershed boundary.
Source Name Source ID Susceptibility
Muschopauge Pond 2257000-01S High
July 26, 2002 Source Water Assessment and Protection Report Page 3
Benefits
of Source Protection
Source Protection helps protect
public health and is also good for
fiscal fitness:
· Protects drinking water quality at
the source
· Reduces monitoring costs through
the DEP Waiver Program
· Treatment can be reduced or
avoided entirely, saving treatment
costs
· Prevents costly contamination
clean-up
· Preventing contamination saves
costs on water purchases, and
expensive new source development
Contact your regional DEP office
for more information on Source
Protection and the Waiver
Program.
contribute to drinking water contamination. Common potential sources of
contamination include:
·    Septic Systems –Improper disposal of household hazardous chemicals
to septic systems is a potential source of contamination. If septic systems
fail or are not properly maintained they can be a potential source of
microbial contamination.
·    Household Hazardous Materials - Hazardous materials may include
automotive wastes, paints, solvents, pesticides, fertilizers, and other
substances. Improper use, storage, and disposal of chemical products
used in homes are potential sources of contamination.
·    Heating Oil Storage - If managed improperly, Underground and
Aboveground Storage Tanks (USTs and ASTs) can be potential sources
of contamination due to leaks or spills of the fuel oil they store.
Residential Land Use Recommendations:
ü Educate residents on best management practices (BMPs) for protecting
water supplies. Distribute the fact sheet “esidents Protect Drinking
Water”available in Appendix A and on www.mass.gov/dep/brp/dws/
protect.htm, which provides BMPs for common residential issues.
ü Work with planners to control new residential developments in the water
supply protection areas.
ü Promote BMPs for stormwater management and pollution controls.
3. Aquatic Wildlife—irds, particularly gulls, are attracted to large open
bodies of water. Birds may increase coliform levels through the release of
fecal matter into the water and may carry other bacteria and viruses. Beaver
and muskrat may introduce the pathogens Giardia and Cryptosporidium into
water through fecal matter. Because of their constant contact with the water,
these aquatic mammals represent a potential threat to drinking water
reservoirs. Appendix A contains a DEP fact sheet titled What You Need To
Know About Microbial Contamination.
Aquatic Wildlife Recommendations:
ü Monitor wildlife populations in and around reservoirs.
ü Where necessary, discourage and control aquatic wildlife. See http://
mass.gov/dep/brp/dws/protect.htm for guidance and permits.
4. Transportation Corridors - Local roads
run through the watershed. Roadway
construction, maintenance, and typical
highway use can all be potential sources of
contamination. Accidents can lead to spills of
gasoline and other potentially dangerous
transported chemicals. Roadways are
frequent sites for illegal dumping of
hazardous or other potentially harmful
wastes. De-icing salt, automotive chemicals
and other debris on roads are picked up by
stormwater and wash in to catchbasins.
T r a n s p o r t a t i o n C o r r i d o r
Recommendations:
ü Identify stormwater drains and the
drainage system along transportation
corridors. Wherever possible, ensure that
drains discharge stormwater outside of
the watershed. Figure 1: Sample watershed with examples of potential sources of contamination
July 26, 2002 Source Water Assessment and Protection Report Page 4
What are "BMPs?"
Best Management Practices (BMPs)
are measures that are used to
protect and improve surface water
and groundwater quality. BMPs can
be structural, such as oil & grease
trap catch basins, nonstructural,
such as hazardous waste collection
days or managerial, such as
employee training on proper
disposal procedures.
ü Work with the Town and State to have catch basins inspected, maintained,
and cleaned on a regular schedule. Street sweeping reduces the amount of
potential contaminants in runoff.
ü Work with local emergency response teams to ensure that any spills within
the watershed can be effectively contained.
ü If storm drainage maps are available, review the maps with emergency
response teams. If maps aren’ yet available, work with town officials to
investigate mapping options such as the upcoming Phase II Stormwater
Rule requiring some communities to complete stormwater mapping.
5. Agricultural Activities –There are several farms within the watershed.
Pesticides and fertilizers have the potential to contaminate a drinking water
source if improperly stored, applied, or disposed. If not contained or applied
properly, animal waste from barnyards, manure pits and field application are
potential sources of contamination to ground and surface water.
Agricultural Activities Recommendation:
ü Work with farmers in your protection areas to make them aware of your
water supply and to encourage the use of a US Natural Resources
Conservation Service farm plan to protect water supplies.
6. Protection Planning –Protection planning protects drinking water by
managing the land area that supplies water to a reservoir. Currently, the City
does not have water supply protection controls that meet DEP’ Surface Water
Protection regulations 310 CMR 22.20 (b) and (c). A Surface Water Supply
Protection Plan coordinates community efforts, identifies protection strategies,
establishes a timeframe for implementation, and provides a forum for public
participation. There are resources available to help communities develop a plan
for protecting drinking water supply reservoirs.
Protection Planning Recommendations:
ü Develop a Surface Water Supply Protection Plan. Establish a protection
team, and refer them to http://mass.gov/dep/brp/dws/protect.htm for a copy
of DEP’ guidance, “eveloping a Surface Water Supply Protection Plan”
ü If there are no local controls or they do not
meet the current regulations, adopt controls
that meet 310 CMR 22.20 (b) and (c). For
more information on DEP land use controls
Other land uses and activities within the Protection
areas that are potential sources of contamination
are included in Table 2. Refer to Appendix B for
more information about these land uses.
Identifying potential sources of contamination is
an important initial step in protecting your
drinking water sources. Further local investigation
will provide more in-depth information and may
identify new land uses and activities that are
potential sources of contamination. Once potential
sources of contamination are identified, specific
recommendations like those below should be used
to better protect your water supply.
(Continued on page 6)
For More Information
Contact Josephine Yemoh-Ndi in
DEP’ Worcester Office at (508)
849-4030 for more information
and assistance on improving current
protection measures.
Copies of this report have been
provided to the public water
supplier and town boards.
July 26, 2002 Source Water Assessment and Protection Report Page 5
Potential Source of Contamination vs. Actual Contamination
The activities listed in Table 2 are those that typically use, produce, or store contaminants of concern, which, if managed
improperly, are potential sources of contamination (PSC).
It is important to understand that a release may never occur from the potential source of contamination provided facilities
are using best management practices (BMPs). If BMPs are in place, the actual risk may be lower than the threat ranking
identified in Table 2. Many potential sources of contamination are regulated at the federal, state and/or local levels, to
further reduce the risk.
Table 2: Land Use in the Watershed
Activities Quantity Threat* Potential Source of Contamination
Agricultural
Dairy Farms 1 H Manure (microbial contaminants): improper handling
Fertilizer Storage or Use 1 M Fertilizers: leaks, spills, improper handling, or over-application
Livestock Operations 3 H Manure (microbial contaminants): improper handling
Manure Storage or
Spreading 1 H Manure (microbial contaminants): improper handling
Pesticide Storage or Use H Pesticides: leaks, spills, improper handling, or over-application
Residential
Fuel Oil Storage (at
residences) 10 M Fuel oil: spills, leaks, or improper handling
Septic Systems /
Cesspools 10 M Hazardous chemicals: microbial contaminants, and improper
disposal
Lawn Care / Gardening 10 M Pesticides: over-application or improper storage and disposal
Miscellaneous
Aquatic Wildlife 1 H Microbial contaminants
Stormwater Drains/
Retention Basins H Debris, pet waste, and chemicals in stormwater from roads,
parking lots, and lawns
Notes:
1. When specific potential contaminants are not known, typical potential contaminants or activities for that type of
land use are listed. Facilities within the watershed may not contain all of these potential contaminant sources,
may contain other potential contaminant sources, or may use Best Management Practices to prevent
contaminants from reaching drinking water supplies.
2. For more information on regulated facilities, refer to Appendix B: Regulated Facilities within the Water Supply
Protection Area information about these potential sources of contamination.
3. For information about Oil or Hazardous Materials Sites in your protection areas, refer to Appendix C: Tier
Classified Oil and/or Hazardous Material Sites.
* THREAT RANKING - The rankings (high, moderate or low) represent the relative threat of each land use
compared to other PSCs. The ranking of a particular PSC is based on a number of factors, including: the type and
quantity of chemicals typically used or generated by the PSC; the characteristics of the contaminants (such as
toxicity, environmental fate and transport); and the behavior and mobility of the pollutants in soils and groundwater.
July 26, 2002 Source Water Assessment and Protection Report Page 6
Top 5 Reasons to
Develop a Local Surface
Water Protection Plan
. Reduces Risk to Human
Health
 Cost Effective! Reduces or
Eliminates Costs Associated
With:
w Increased monitoring and
treatment
w Water supply clean up and
remediation
w Replacing a water supply
w Purchasing water
. Supports municipal bylaws,
making them less likely to be
challenged
 Ensures clean drinking water
supplies for future generations
 Enhances real estate values –clean drinking water is a local
amenity. A community known
for its great drinking water in a
place people want to live and
businesses want to locate.
Additional Documents:
To help with source protection
efforts, more information is
available by request or online at
including:
1. Water Supply Protection
Guidance Materials such as
model regulations, Best
Management Practice
information, and general water
supply protection information.
2. MA DEP SWAP Strategy
3. Land Use Pollution Potential
Matrix
4. Draft Land/Associated
Contaminants Matrix
Section 3: Source Water Protection Conclusions and
Recommendations
Current Land Uses and Source Protection:
As with many water supply protection areas, the system watersheds contain
potential sources of contamination. However, source protection measures reduce
the risk of actual contamination, as illustrated in Figure 2. The water supplier is
commended for taking an active role in promoting source protection measures in
the Water Supply Protection Areas.
Source Protection Recommendations:
To better protect the sources for the future:
ü Inspect the Zone A regularly, and when feasible, remove any non-water
supply activities.
ü Educate residents on ways they can help you to protect drinking water
sources.
ü Work with emergency response teams to ensure that they are aware of the
stormwater drainage in your watershed and to cooperate on responding to
spills or accidents.
ü Develop and implement a Surface Water Supply Protection Plan.
Conclusions:
These recommendations are only part of your ongoing local drinking water source
protection. Additional source protection recommendations are listed in Table 3,
the Key Issues above and Appendix A.
DEP staff, informational documents, and resources are available to help you build
on this SWAP report as you continue to improve drinking water protection in your
community. The Department’ Source Protection Grant Program provides funds to
assist public water suppliers in addressing water supply source protection through
local projects. Protection recommendations discussed in this document may be
eligible for funding under the Grant Program. Please note: each spring DEP posts
a new Request for Response (RFR) for the grant program.
Other grants and loans are available through the Drinking Water State Revolving
Loan Fund, the Clean Water State Revolving Fund, and other sources. For more
information on grants and loans, visit the Bureau of Resource Protection’
Municipal Services web site at: http://mass.gov/dep/brp/mf/mfpubs.htm.
The assessment and protection recommendations in this SWAP report are provided
as a tool to encourage community discussion, support ongoing source protection
efforts, and help set local drinking water protection priorities. Citizens and
community officials should use this SWAP report to spur discussion of local
drinking water protection measures. The water supplier should supplement this
SWAP report with local information on potential sources of contamination and land
uses. Local information should be maintained and updated periodically to reflect
land use changes in the watershed. Use this information to set priorities, target
inspections, focus education efforts, and to develop a long-term drinking water
source protection plan.
Section 4: Appendices
A. Protection Recommendations
B. Additional Documents on Source Protection
July 26, 2002 Source Water Assessment and Protection Report Page 7
Table 3: Current Protection and Recommendations
Protection Measures Status Recommendations
Does the Public Water Supplier (PWS)
own or control the entire Zone A? NO
Follow Best Management Practices (BMP’) that focus on
good housekeeping, spill prevention, and operational
practices to reduce the use and release of hazardous
materials.
Is the Zone A posted with “ublic
Drinking Water Supply”Signs? YES Additional economical signs are available from the
Northeast Rural Water Association (802) 660-4988.
Is the Zone A regularly inspected? YES Continue daily inspections of drinking water protection
areas.
Are water supply-related activities the
only activities within the Zone A? YES Continue monitoring non-water supply activities in Zone
As.
Municipal Controls (Zoning Bylaws, Health Regulations, and General Bylaws)
Does the municipality have Surface Water
Protection Controls that meet 310 CMR
22.20C?
NO Refer to www.state.ma.us/dep/brp/dws/ for model bylaws,
health regulations, and current regulations.
Do neighboring communities protect the
water supply protection areas extending
into their communities?
NO Work with neighboring municipalities to include the
watershed in their protection controls.
Planning
Does the PWS have a local surface water
supply protection plan? NO
Develop a surface water supply protection plan. Follow
“eveloping a Local Surface Water Supply Protection
Plan”available at: www.state.ma.us/dep/brp/dws/.
Does the PWS have a formal “mergency
Response Plan”to deal with spills or other
emergencies?
YES
Augment plan by developing a joint emergency response
plan with fire department, Board of Health, DPW, and
local and state emergency officials. Coordinate emergency
response drills with local teams.
Does the municipality have a watershed
protection committee? NO
Establish committee; include representatives from citizens’groups, neighboring communities, and the business
community.
Does the Board of Health conduct
inspections of commercial and industrial
activities?
YES
For more guidance see “azardous Materials Management:
A Community's Guide”at www.state.ma.us/dep/brp/dws/files/
hazmat.doc
Does the PWS provide watershed
protection education? NO Aim additional efforts at commercial, industrial and
municipal uses within the watershed.
Zone A
AGRICULTURAL RUNOFF from
Protecting Water Quality
The United States has more than
330 million acres of agricultural
land that produce an abundant supply
of food and other products. American
agriculture is noted worldwide
for its high productivity, quality, and
efficiency in delivering goods to the
consumer. When improperly managed
however, activities from working farms
and ranches can affect water quality.
In the 2000 National Water Quality
Inventory, states reported that agricultural
nonpoint source (NPS) pollution
is the leading source of water quality
impacts on surveyed rivers and lakes,
the second largest source of impairments
to wetlands, and a major
contributor to contamination of surveyed
estuaries and ground water.
Agricultural activities that cause NPS
pollution include poorly located or
managed animal feeding operations;
overgrazing; plowing too often or at the
wrong time; and improper, excessive, or
poorly timed application of pesticides,
irrigation water, and fertilizer.
Pollutants that result from farming and
ranching include sediment, nutrients,
pathogens, pesticides, metals, and salts.
Impacts from agricultural activities on
surface water and ground water can
be minimized by using management
practices that are adapted to local
conditions. Many practices designed
to reduce pollution also increase
productivity and save farmers and
ranchers money in the long run.
There are many government programs
available to help farmers and ranchers
design and pay for management
approaches to prevent and control
NPS pollution. For example, over 40
percent of section 319 Clean Water
Act grants have been used to control
NPS pollution from working farms
and ranches. Also, many programs
funded by the U.S. Department of
Agriculture and by states provide
cost-share, technical assistance, and
economic incentives to implement NPS
pollution management practices. Many
local organizations and individuals have
come together to help create regional
support networks to adopt technologies
and practices to eliminate or reduce
water quality impacts caused by
agricultural activities.
Sedimentation
The most prevalent source of
agricultural water pollution is soil
that is washed off fields. Rain water
carries soil particles (sediment)
and dumps them into nearby lakes
or streams. Too much sediment
can cloud the water, reducing the
amount of sunlight that reaches
aquatic plants. It can also clog the
gills of fish or smother fish larvae.
In addition, other pollutants like
fertilizers, pesticides, and heavy metals
are often attached to the soil particles
and wash into the water bodies, causing
algal blooms and depleted oxygen,
which is deadly to most aquatic life.
Farmers and ranchers can reduce
erosion and sedimentation by 20 to
90 percent by applying management
practices that control the volume and
flow rate of runoff water, keep the soil
in place, and reduce soil transport.
Nutrients
Farmers apply nutrients such as
phosphorus, nitrogen, and potassium
in the form of chemical fertilizers,
manure, and sludge. They may also
grow legumes and leave crop residues
to enhance production. When these
sources exceed plant needs, or are
applied just before it rains, nutrients
can wash into aquatic ecosystems.
There they can cause algae blooms,
which can ruin swimming and boating
opportunities, create foul taste and
odor in drinking water, and kill fish by
removing oxygen from the water. High
concentrations of nitrate in drinking
water can cause methemoglobinemia,
a potentially fatal disease in infants,
also known as blue baby syndrome.
To combat nutrient losses, farmers can
implement nutrient management plans
that help maintain high yields and save
money on fertilizers.
EPA 841-F-05-001
What Is Nonpoint Source Pollution?
Nonpoint source (NPS) pollution, unlike pollution from point sources
such as industrial and sewage treatment plants, comes from many
diffuse sources. Polluted runoff is caused by rainfall or snowmelt
moving over and through the ground. As the runoff moves, it picks
up and carries away natural and human-made pollutants, finally
depositing them into watersheds through lakes, rivers, wetlands,
coastal waters, and even our underground sources of drinking water.
Clean Water Is Everybody’ Business
Did you know that runoff from farms is the leading source of
impairments to surveyed rivers and lakes?
Animal Feeding Operations
By confining animals in small areas or lots,
farmers and ranchers can efficiently feed
and maintain livestock. But these confined
areas become major sources of animal waste.
An estimated 238,000 working farms and
ranches in the United States are considered
animal feeding operations, generating
about 500 million tons of manure each
year. Runoff from poorly managed facilities
can carry pathogens such as bacteria and
viruses, nutrients, and oxygen-demanding
organics and solids that contaminate
shellfishing areas and cause other water
quality problems. Ground water can also
be contaminated by waste seepage. Farmers
and ranchers can limit discharges by storing
and managing facility wastewater and
runoff with appropriate waste management
systems.
Livestock Grazing
Overgrazing exposes soils, increases
erosion, encourages invasion by undesirable
plants, destroys fish habitat, and may
destroy streambanks and floodplain
vegetation necessary for habitat and water
quality filtration. To reduce the impacts
of grazing on water quality, farmers and
ranchers can adjust grazing intensity, keep
livestock out of sensitive areas, provide
alternative sources of water and shade, and
promote revegetation of ranges, pastures,
and riparian zones.
Irrigation
Irrigation water is applied to supplement
natural precipitation or to protect crops
against freezing or wilting. Inefficient
irrigation can cause water quality problems.
In arid areas, for example, where rainwater
does not carry minerals deep into the
soil, evaporation of irrigation water can
concentrate salts. Excessive irrigation can
affect water quality by causing erosion,
transporting nutrients, pesticides, and
heavy metals, or decreasing the amount
of water that flows naturally in streams
and rivers. It can also cause a buildup of
selenium, a toxic metal that can harm
waterfowl reproduction. Farmers can
reduce NPS pollution from irrigation by
improving water use efficiency. They can
measure actual crop needs and apply only
the amount of water required. Farmers may
also choose to convert irrigation systems to
higher efficiency equipment.
Pesticides
Insecticides, herbicides, and fungicides
are used to kill agricultural pests. These
chemicals can enter and contaminate water
through direct application, runoff, and
atmospheric deposition. They can poison
fish and wildlife, contaminate food sources,
and destroy the habitat that animals use for
protective cover. To reduce contamination
from pesticides, farmers should use
Integrated Pest Management (IPM) techniques
based on the specific soils, climate,
pest history, and crop conditions for a
particular field. IPM encourages natural
barriers and limits pesticide use and
manages necessary applications to minimize
pesticide movement from the field.
Funding Sources
Searchable Catalog of Federal Funding Sources for
Watershed Protection
epa.gov/watershedfunding
Agricultural Management Assistance Database
Clean Water Act Section 319(h) funding (epa.gov/nps/
319hfunds.html) is provided to designated state and tribal agencies
to implement approved nonpoint source management programs.
Environmental Quality Incentives Program (www.nrcs.usda.
gov/programs/eqip) offers financial, technical, and educational
assistance to install or implement structural, vegetative, and
management practices designed to conserve soil and other natural
resources.
Conservation Reserve and Conservation Reserve
Enhancement Programs (www.fsa.usda.gov/dafp/cepd/default.
htm) implemented by the U.S. Department of Agriculture
provide financial incentives to encourage farmers and ranchers to
voluntarily protect soil, water, and wildlife resources.
Farm Bill Conservation Funding
In May 2002 President Bush signed the
Farm Bill, providing up to $13 billion for
conservation programs for six years.
This Farm Bill represents an 80 percent
increase above current levels of funding
available for conservation programs
designed to prevent polluted runoff.
For more information, visit www.usda.
gov/farmbill.
Related Publications and Web Sites
National Management Measures to Control Nonpoint
Source Pollution from Agriculture
epa.gov/nps/agmm
This technical guidance and reference document is for use
by state, local, and tribal managers in the implementation of
nonpoint source pollution management programs. It contains
information on effective, readily available, and economically
achievable means of reducing pollution of surface and ground
water from agriculture.
Agricultural Nonpoint Source Pollution Management
Web Site
epa.gov/nps/agriculture.html
This web site features a collection of links to helpful documents,
federal programs, partnerships and nongovernmental
orrganizations that convey advice and assistance to farmers and
ranchers for protecting water quality.
Nonpoint Source News-Notes
epa.gov/newsnotes
News-Notes is a periodic newsletter that reports local, state, and
national news on managing NPS pollution.
Animal Feeding Operations (AFO) Web Sites
AFO Virtual Information Center: epa.gov/npdes/afovirtualcenter
Overview of regulations and helpful links: epa.gov/npdes/afo
For More Information
U.S. Environmental Protection Agency
Nonpoint Source Control Branch (4503T)
1200 Pennsylvania Avenue, NW
Washington, DC 20460
epa.gov/nps
Revised
March 2005
Note: MA DEP regulations prohibit hitching or keeping animals within 100 feet of the bank of any public water
supply reservoir, brooks, or streams tributary to a reservoir.
VEGETATED BUFFER STRIPS:
SLOW THE FLOW TO PROTECT
WATER QUALITY
Establishing vegetated buffer strips along lakes and streams is a simple and inexpensive way to protect
and improve water quality on your property and in your community. Buffer strips consist of planted or
naturally occurring vegetation, such as shrubs, trees, and plants. The vegetation serves as a filter,
straining out sediments, nutrients, pesticides and other pollutants before they reach the water body.
Buffer strips stabilize streambanks and shorelines, and prevent bank erosion and slumping. Runoff
slows down and loses much of its erosional force when it passes through the strip of vegetation. Trees
and shrubs along streams and lakes provide shade to keep water cool, improving habitat for aquatic
organisms, and provide cover and habitat for wildlife. The wider the buffer strip, the greater its
effectiveness. Strips between 50 and 200 feet wide may be required, based on soil type, size and
slope of the pasture, and vegetative cover. A good rule of thumb is at least 50 feet wide, while keeping
as much distance as possible between fencing and surface water.
This information is available in alternative format by calling our ADA Coordinator at (617) 574-6872.
Produced by the Massachusetts Department of Environmental Protection, Municipal Services Section, Western Regional Office, 436 Dwight Street, Springfield,
Massachusetts, 01103. 413-784-1100, TDD 413-746-6620. October 2000.
2
Establishing a Buffer Strip
Buffer strips consist of planted or naturally occurring vegetation, such as trees, shrubs, legumes,
or grasses. Establishing a natural buffer is the simplest and least expensive option. Simply
determine how much land area you can devote to the buffer, and commit to stop mowing or
removing vegetation from the area. With a little patience, plant material will naturally become
established and grow. Plants establish themselves in succession, and it will probably take several
years for trees and woody shrubs to develop in your buffer strip. The advantage of a natural
buffer strip is that the native plants that do become established are adapted to local conditions,
require no maintenance, and are a natural part of the ecosystem.
If the vegetation has been removed, or you wish to accelerate the development of your buffer
strip, plant horse-friendly native trees and shrubs. Check with your local cooperative extension
service, veterinarian, or consult a field guide of toxic plants to determine what is safe for your
horses. If you can not restrict horses from the buffer strip, you may need to fence off saplings
to prevent horses from nibbling tender leaves and shoots. While the trees and shrubs are being
established, plant grasses and legumes to hold and stabilize the soil.
Regardless of what type of buffer strip you decide to encourage on your property,
remember to:
Keep as much distance as possible between your field
boundary and surface water.
Don’ be discouraged if you have very small areas to work with. Any buffer strip is better than
none at all!
Recommended Buffer Strip Widths
Based on Slope
Slope of Land (%) Minimum width of
Buffer Strip (feet)
0 50
5 70
10 90
15 110
20 130
25 150
Source: Finley 1987 in Establishing Vegetative Buffer Strips
Along Streams to Improve Water Quality. Pennsylvania State
University. 1996.
3
If at all possible, restrict access to
streams and lakeshores. Provide
alternative water sources, such as
filling a stock tank with a garden
hose or installing an automatic
waterer, to keep horses out of the
stream.
If horses must rely on
stream or lake water for
drinking, limit their
access with fencing and
construct a ramp fence
system. Note: Contact
your Conservation
Commission first.
What else can you do to protect and improve water quality?
Minimize hard or impervious surfaces on your property, and maximize pervious surfaces to
encourage infiltration and reduce runoff.
Maintain vegetation, preferably trees and shrubs, along steep slopes, drainage channels or
ditches, and around all bodies of water.
Do not apply manure in the buffer strip! Maintain a distance of at least 100 feet between
areas of manure application and the nearest surface water body.
Establish other grassed or vegetated strips between fields. These vegetated strips will
intercept pollution, slow down the flow and velocity of runoff, and encourage infiltration.
4
References and Other sources of Information:
The Buffer Handbook: “ Guide to Creating Vegetated Buffers for Lakefront Properties.”Developed by
Phoebe Hardesty, Androscoggin Valley Soil and Water Conservation District and Cynthia Kuhns, Lake and
Watershed Resource Management Associates, with funding provided by the U.S. EPA and Maine DEP. 1998
Establishing Vegetative Buffer Strips Along Streams to Improve Water Quality. (1996) Pennsylvania State
University College of Agricultural Sciences. Ordering information online at
Horse Owners Field Guide to Toxic Plants. (1996) by Sandra Burger and A. P. Knight. Breakthrough
Publications.
This link takes you to the Connecticut Horse Environmental Awareness Program (HEAP). The site contains a
series of fact sheets, and educational resources on best management practices (BMPs).
“anure and Pasture Management for Recreational Horse Owners” a series of web sites by the University of
Minnesota Extension Service. Includes plans for building a composting bin, detailed discussion of the
composting process, information on pasture management, and an extensive list of additional sources of
information.
This link takes you to Horses for Clean Water, a non-profit environmental education organization based in
Washington state. The site has several fact sheets on a number of manure related topics including composting,
eliminating mud, and pasture management. A page called “now Your Resources”lists many other useful web
sites, programs and publications, including where to find pest control products, fly masks, bat houses, books,
pamphlets, and newspaper bedding. Contact Alayne Blickle, program coordinator, at 425-432-6116 or via email
at alayne@horsesforcleanwater.com for more information.
This link takes you to the online version of the Good Neighbor Guide for Horse-Keeping: Manure Management,
an excellent publication developed by the University of New Hampshire Cooperative Extension Service, New
Hampshire Department of Environmental Services, and Natural Resources Conservation Service.
Links to Farm and Home assistance addressing farm management and environmental management for
homeowners.
The Natural Resources Conservation Service is a Federal agency that works in partnership with the American
people to conserve and sustain our natural resources.
Massachusetts Department of Environmental Protection
Jane Peirce, Nonpoint Source Coordinator: 508-767-2792 or jane.peirce@state.ma.us
The Watershed Protection Act
The Watershed Protection Act (WsPA), MGL ch. 92,
§107A/350 CMR 11.00, regulates land use and
activities within critical areas of the Quabbin
Reservoir, Ware River and Wachusett Reservoir
watersheds in order to protect the quality of these
drinking water sources. Administered by the
Department of Conservation and Recreation, Division
of Water Supply Protection, Office of Watershed
Management, WsPA applies only in towns in these
three watersheds. See the back of this brochure for
names of towns affected by the Watershed
Protection Act.
Protected Zones and Restrictions
Two distinct areas are protected under the WsPA. The
Primary Protection Zone is the area 400 feet from the
edge of the reservoirs and 200 feet from tributaries and
surface waters. Any alteration, as well as the
generation, storage, disposal or discharge of pollutants
are prohibited in the Primary Protection Zone.
The Secondary Protection Zone is the area between
200 and 400 feet from the banks of tributaries and
surface waters, on land within flood plains, over some
aquifers, and within bordering vegetated wetlands.
Certain activities are specifically prohibited in the
Secondary Protection Zone, including outdoor,
uncovered storage of manure. See 350 CMR 11.04 for
a complete list of activities prohibited by the
Watershed Protection Act
Horses and Drinking Water
The rural landscape of central Massachusetts has long
supported horse ownership. Horse manure, however,
contains nutrients that impair water quality and can
contain pathogens that are potentially harmful to
humans. Horses also have the potential to alter the runoff
characteristics of the landscape, increasing the ability
of pollutants to enter the drinking water supply. The
Watershed Protection Act established protective buffers
to help keep these contaminants out of the metropolitan
Boston drinking water supply.
Horses and the WsPA
Horses can be pastured in the Primary Protection Zone,
although they can not over-graze an area and thus create
an “lteration.”Please note, however, that State
drinking water regulations do not allow stabling,
hitching, standing, feeding or grazing within 100 feet of
a tributary to a drinking water supply. The WsPA does
not allow the construction of a new structure, such as a
barn, shed or fence, in the Primary Protection Zone
unless an exemption is identified or a Variance is
granted upon the owner demonstrating that the proposed
work will not have an impact on water quality.
The Watershed Protection Act allows pasturing of
animals in the Secondary Protection Zones. Some of the
limits to working in the Secondary Protection Zone
include: the total area of impervious surface, the outdoor
storage of chemicals, and alterations to Bordering
Vegetated Wetlands.
Outdoor uncovered storage of manure is not allowed
by the WsPA in either the Primary or Secondary
Protection Zone.
Watershed Protection Act Exemptions
There are two exemptions to the Watershed Protection
Act that a horse owner may possibly qualify to utilize.
350 CMR 11.05(2) allows for the “econstruction, extension
or structural change”to any structure lawfully in
existence as of July 1, 1992. If an owner can demonstrate
that a structure, such as a barn or paddock, existed as of
July 1, 1992, then work can be done on it, as long as the
construction “oes not cause a substantial change and
degrade the quality of the water in the Watershed.”350 CMR 11.05(7) provides an Agricultural Use
exemption. The WsPA utilizes the definition of
“gricultural Use”found in the Wetlands Protection Act
(310 CMR 10.04). In order to obtain this exemption the
land owner must provide proof that horses are actively
being bred and raised for commercial purposes.
Please contact the appropriate DCR field office, as
identified on the back of this brochure, if you have
questions concerning the WsPA, exemptions, or
variances. Additional information, including more
detailed maps, are available on-line at www.mass.gov/
dcr/waterSupply/watershed/wspa.html.
Other Laws that Affect Horses
Another section of the DCR Office of Watershed
Management regulations, 350 CMR 11.09, does not
allow anyone, in general, to degrade the quality of water
in the Watershed System. 350 CMR 11.09(1)(b)2 states
that, “o person shall construct, establish or maintain any
agricultural facility or place where animal manure may
be deposited or accumulated without adequate provision
to prevent any manure or other Pollutant from flowing or
being washed into the Waters of the Watershed System.”There are other state and local laws not administered by
DCR that affect horse owners:
State drinking water regulations, 310 CMR
22.20B(4), require that “o stabling, hitching,
standing, feeding or grazing of livestock or other
domestic animals shall be located, constructed,
or maintained within 100 feet of the bank of a
surface water source or tributary thereto.”The Wetlands Protection Act, 350 CMR 10.00,
does not allow the alteration of bordering
vegetated wetlands.
There may also be local zoning and board of
health regulations that could affect the location
and management of horses.
Property owners should contact their local
Building Inspector, Conservation Commission, and
Board of Health to identify all pertinent local
regulations for a particular community.
Additional Information
Appropriate pasture siting, manure management, and
other agricultural Best Management Practices
(BMPs) not only help protect drinking water, they
also contribute to animal health and safety. More
information and assistance is available from several
federal, state, and private agencies, including:
Natural Resources Conservation Service
www.nrcs.usda.gov 413-253-4350
MA Dept. of Environmental Protection
animal.htm 508-767-2792
MA Dept. of Agricultural Resources
617-626-1700
Massachusetts 4H
www.mass4h.org 800-374-4446
New England Small Farm Institute
www.smallfarm.org 413-323-4531
Regarding property in the shaded areas of these Quabbin
Reservoir and Ware River watershed communities –Contact: Department of Conservation & Recreation
Division of Water Supply Protection
Quabbin Reservoir Field Office
485 Ware Rd.
Belchertown, MA 01007
ATTN: Jeff Lacy
(413) 323-6921 x501
Regarding property in the shaded areas of these
Wachusett Reservoir watershed communities –Contact: Department of Conservation & Recreation
Division of Water Supply Protection
Wachusett Reservoir Field Office
180 Beaman St.
West Boylston, MA 01583
ATTN: Nancy McGrath or Bill Moulton
(508) 792-7423 x314 or x311
Information on the Watershed Protection Act is also
available from the DCR website at www.mass.gov/
dcr/waterSupply/watershed/wspa.html.
Commonwealth of Massachusetts
Department of Conservation and Recreation
Division of Water Supply Protection
Office of Watershed Management
Deval L. Patrick, Governor
Timothy P. Murray, Lt. Governor
Ian A. Bowles, Secretary, EEOEA
Richard K. Sullivan, Commissioner, DCR
July 2007
How property owners with
horses can meet the
Watershed Protection Act
regulations for land in the
Quabbin Reservoir, Ware
River, and Wachusett
Reservoir Watersheds
Horse Ownership
and
The Massachusetts
Watershed
Protection Act
Regulatory setback requirements for horses and other livestock from tributaries to the
Quabbin Reservoir, Ware River, and Wachusett Reservoir.
COMMONWEALTH OFMASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Lieutenant Governor
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872.
DEP on the World Wide Web: http://www.state.ma.us/dep
Printed on Recycled Paper
Determining a Threat To PublicWater Supplies Related to Presence of Beaver and Muskrat
Standard Operating Procedure (SOP)
Drinking Water Program
Applies to Public Water Suppliers (PWSs) with beaver or muskrat populations endangering
public water supply sources or pump stations:
Rationale: The presence of beavers or muskrats near public water supply sources may pose a
threat to the protection of public health. Both animals have commonly been identified as carriers
of Giardia Lamblia and Cryptosporidium--pathogens identified within the Surface Water
Treatment Rule and Enhanced Surface Water Treatment Rule respectively as posing an
unacceptable risk to drinking water. Amendments to the State’ trapping laws charge DEP with
determining when a threat to human health and safety exists as a result of the presence of beavers
and muskrats in and around public water supply sources and pump stations. A DEP
determination that a threat exists may be used by an applicant to petition the local Board of
Health for an emergency permit to eliminate the threat.
Applications
Applications to DEP requesting that a determination as to the existence of a threat to human
health and safety resulting from beavers and muskrats in and around public water supply sources
and pump stations must include the following information:
1. A scaled site map showing the location of all affected areas where determinations are
requested in relation to all potentially impacted public water supply sources or pump stations.
All public water supply sources and pump stations must be labeled on the site plan.
2. A narrative which:
a. Details the reason for the determination request;
b. Identifies the duration of the problem;
c. Identifies control mechanisms already used;
d. Identifies changes in water levels or flowpath. This information will be specific to
problems related to flooding; and
e. Includes available evidence of interaction between groundwater sources and surface
waters.
3. A description of the proposed method for eliminating the threat which:
Page 2
a. Specifies the type of trap, if any, that will be used;
b. Specifies if dams will be breached; and
c. Specifies if the use of non-lethal management or water-flow devices is proposed.
Review and Determination
DEP may determine that a threat to human health and safety exists if beavers or muskrats or
dams or active lodges are observed:
 Within a pathogen control zone previously sanctioned by the Massachusetts Division of
Fisheries and Wildlife.
 Within a terminal reservoir or in a tributary within 400 feet of a terminal reservoir.
 Within 400 feet of a public water supply well or wellfield.
 Within 200 feet of a public water supply pump station.
 In a tributary, beyond 400 feet of a terminal reservoir, if the applicant can demonstrate that
degradation in water quality is occurring. Parameters used to demonstrate a degradation in
water quality shall include:
 Fecal coliform
 Total coliform
 Turbidity
 Total Organic Carbon
 Giardia
 Cryptosporidium
Actions
Following the submittal of a complete application, the DEP will conduct a site visit to determine
if a threat exists to a water supply. The DEP/Wetlands Program, local Board of Health, and local
conservation commission will be invited to any field visit for a determination. After the field
visit, DEP will send the applicant a determination letter with a copy to the local Board of Health,
Massachusetts Division of Fisheries and Wildlife, and Massachusetts Department of Public
Health. DEP will try to issue its determination within 5 business days from receipt of a complete
application. If that determination identifies that a threat exists, the applicant may petition the
local Board of Health for an emergency permit to abate the threat. The determination from DEP
will require that the applicant notify DEP within a specified time period as to the actions
completed and whether the threat was successfully eliminated. Proposals for the removal or
breaching of dams, or other actions which will lower water levels must receive the approval of
the local conservation commission within the City/Town that the proposed action will take place.
The emergency permit for trapping is for ten days during which trapping can be carried out and
dams may be removed as allowed. There is authority by Fisheries and Wildlife for their Director
to permit an extension for an additional 30 days.
Js/dp/swtr/beaversop3a
Homeowner Oil Heating System
Upgrade and Insurance Law
By July 1, 2010, you must upgrade your home heating system equipment to
prevent leaks from tanks and pipes that connect to your furnace.
This fact sheet contains important
information for those who heat their
homes with oil. By July 1, 2010,
you must upgrade your home heating
system equipment to prevent leaks
from tanks and pipes that connect to
your furnace. By making a relatively
small expenditure now, you can
prevent a much greater expense in
the future.
Massachusetts has a new law to
address oil leaks from home heating
systems (see Chapter 453 of the Acts
of 2008). This law has two major
provisions that require:
Z the installation of either an oil safety
valve or an oil supply line with
protective sleeve on systems that do
not currently have these devices; and
Z insurance companies that write
homeowner policies to offer coverage
for leaks from heating systems that
use oil.
Most homeowner policies do not
currently include such coverage,
leaving many to pay for costly cleanups
out of their own pocket. Although it is
mandatory that insurance companies
offer this coverage, the insurance is an
optional purchase for homeowners. The
effective date for both provisions is
July 1, 2010.
Who must take action?
Owners of 1- to 4-unit residences that
are heated with oil must already have or
install an oil safety valve or an oil
supply line with a protective sleeve, as
shown in the diagram. Installation of
these devices must be performed by a
licensed oil burner technician.
Technicians are employed by
companies that deliver home heating oil
or are self-employed. It is important to
note that heating oil systems installed
on or after January 1, 1990 most likely
are already in compliance because
state fire codes implemented these
requirements on new installations at
that time.
Who is exempt?
Homeowners are exempt from taking
these leak prevention steps if:
Z the oil burner is located above the oil
storage tank and the entire oil supply
line is connected to and above the
top of the tank OR
Z an oil safety valve or oil supply line
with protective sleeve was installed
on or after January 1, 1990, AND
Z those changes comply with the oil
burning equipment regulations; a
copy of the oil burner permit from the
local fire department may be used to
demonstrate compliance.
Why comply?
Not only is complying with the new law
required, it makes good financial and
environmental sense. Homeowners
who take these preventive measures
can avoid the disruption and expense
that can be caused by heating oil leaks.
A leak may result in exposure to
petroleum vapors in your home. If the
leak reaches the soil or groundwater
beneath your house, then a cleanup
must be performed to restore your
property to state environmental
standards. Leaks that affect another
property or impact drinking water supply
wells can complicate the cleanup and
increase the expense. Each year,
several hundred Massachusetts
families experience some kind of leak.
What will an upgrade
cost?
The typical cost of installing either an oil
safety valve or oil supply line with a
protective sleeve ranges from $150 -
$350 (including labor, parts, and local
permit fees).
For those households that meet certain
income criteria, financial assistance of
up to $300 is available through the Low
Income Home Energy Assistance
Program (LIHEAP). For more
information on financial assistance, see
the Department of Housing and
Community Development Web site at
http://mass.gov/dhcd or call them at
1-800-632-8175.
What could it cost to
cleanup a leak?
The cleanup cost for a “imple”leak can
be as much as $15,000. In cases
where the leak affects the groundwater
or is more extensive, the cleanup costs
can reach $250,000 or more.
What kind of insurance
is available?
To be eligible for the new insurance
coverage, homeowners must ensure
that their oil heating systems are in
compliance with the new law.
Homeowners who have been certified
to be in compliance with (or exempt
from) the leak prevention measures
qualify to purchase insurance that:
Z provides “irst party coverage”of at
least $50,000 for the cost of cleaning
up a leak to soil, indoor air, or other
environmental media from a home
heating system at the residence itself
and reimbursement for personal
property damage, AND
Z provides “hird party coverage”of at
least $200,000 for the cost of dealing
with conditions on and off the
insured’ property because the leak
from this system has or is likely to
affect groundwater or someone else’
property. The coverage also includes
costs incurred for legal defense,
subject to a deductible not to exceed
$1,000 per claim.
What should I do next?
1 Determine whether you have had
an oil safety valve or new oil
supply line with protective sleeve
installed since January 1, 1990. If
you have, your permit from the fire
department for the installation can
be used to document your
compliance. You can request a
copy from the fire department if the
permit is on file, or a licensed oil
burner technician can certify that
status on a form.
2 If you do not have an oil safety
valve or oil supply line with
protective sleeve in place, have
one or the other installed and
certified. Either contact your oil
delivery company to ask if they
employ a licensed oil burner
technician or find a service person
in your area. (A list of licensed
technicians can be viewed at
Find more information at
Click on the “ndividuals”tab, scroll
down to and then select “il
Burner –Technical Certificate”in
the “elect a license type”box,
type in your city or zip code, and
click “elect”.
3 Consider buying insurance
coverage for the cleanup of a leak.
Z Determine whether your existing
policy provides oil leak coverage.
Z If it does not, consider calling
your homeowner insurance agent
to amend the policy to include
this coverage.
Diagram: Aboveround Home Heating Oil System Leak Prevention Upgrades
HSFS Page 1 of 2
f a c t s h e e t
Tips For Maintaining Your Home Heating System:
Prevent Heating Oil Leaks and Spills
Cleaning up oil leaks from home heating systems can be very expensive. The
average cost can range between $20,000 and $50,000, with some cleanups
costing significantly more. Here are some ways to save money, help prevent
leaks and spills, and protect the environment.
For all heating oil systems:
Annually:
Inspect for leaks. Look at the tank, fuel delivery line, valves, piping, and
fittings.
Have your oil company:
Clean the furnace and repair or replace damaged parts. A wellmaintained
furnace means lower fuel bills and cleaner emissions.
Install an oil safety valve or replace the fuel delivery line with one
encased in a protective sleeve. These are inexpensive upgrades.
Contact the fire department to determine if a permit is required for this
work.
Each fall, inspect the vent pipe to ensure that it is free of obstructions
and that an audible signal (whistle) is on the vent. Oil company
personnel listen for the whistle to help avoid overfills, a common source
of spills.
At least every 10 years, have the oil tank cleaned out. Over time, water
(from condensation) and sludge can cause corrosion resulting in leaks.
When appropriate:
Remove abandoned fill and vent pipes immediately.
Clearly mark the location of the tank’ fill pipe.
Consider upgrading to a modern, fuel-efficient furnace.
HSFS Page 2 of 2
Massachusetts Department of
Environmental Protection
One Winter Street
Boston, MA 02108-4746
Commonwealth of Massachusetts
Mitt Romney, Governor
Kerry Healey, Lt. Governor
Executive Office of
Environmental Affairs
Ellen Roy Herzfelder, Secretary
Department of
Environmental Protection
Robert W. Golledge, Jr.,
Commissioner
Produced by the
Bureau of Waste Site Cleanup,
1/02/rev. 5/04.
Printed on recycled paper
This information is available in
alternate format by calling our ADA
Coordinator at
(617) 292-5565.
Determine if the underground storage tank is made of steel (common) or
fiberglass (rare). Most steel underground storage tanks will last
approximately 10 to 20 years. If the tank is older than that or the age is
unknown, replace it with an above-ground storage tank. Locate your new
tank under a shelter, or inside a basement or garage, to prevent rust,
corrosion, or damage.
For outdoor above-ground tanks:
Ask your oil company to inspect the stability of the above-ground tank. A
full 275-gallon tank weighs more than 2,000 pounds! They have metal legs
and should sit on a concrete pad. If the legs become loose or the pad
cracks, the tank can fall over and rupture.
Replace an outdoor above-ground storage tank that has been uncovered
for 10 years or longer. These tanks rust from the inside out, so cleaning or
painting the outside does not usually prolong their life.
Protect the tank from the weather, such as falling snow and ice, and
prevent ruptures by tree limbs.
For indoor above-ground tanks:
Inspect indoor above-ground storage tanks for signs of pitting and
corrosion, particularly at the bottom of the tank. Tanks primarily rust from
the inside out, so if signs of aging are present, replace the tank. Indoor
tanks do not last more than about 30 years, and often their lifespan is much
shorter.
Consider placing a plastic heating oil tray or pan under the tank. This
makes it easier to keep the tank area clean and help identify and contain
small leaks.
If your oil company offers to perform a “ightness test,”ask if this could cause a
problem. Generally, these tests should NOT be performed on older residential
heating oil systems. Because of the pressure used during a tightness test,
older equipment can fail, causing a leak or spill. If you have a tank, fuel
delivery line, valves, piping, and fittings on which it is inadvisable to perform a
tightness test because of age or condition, then it is probably better to replace
the equipment that is causing the concern.
Visit our web site: http://www.mass.gov/dep/bwsc/facts.htm to review related
documents, including “eating Oil Delivery Lines”(http://www.mass.gov/dep/bwsc/files/deline.pdf).
If you suspect an oil leak or spill, immediately contact your oil company and
fire department for assistance. Leaks or spills of 10 gallons or more must be
reported to DEP within 2 hours. To report a leak or spill, call DEP (within 2
hours) and the fire department.
DEP’ 24-hour statewide emergency response number is 888-304-1133.
MANURE IMPACTS ON SURFACE
WATER QUALITY
The quality of water directly impacts the quality of our lives. Contaminated water eliminates
drinking water supplies for our horses and families, degrades our recreational water resources, and
destroys wildlife habitat. Water that does not soak into the ground, whether from rain, snowmelt, a
hose, or leaking pipes, is called runoff. Runoff picks up contaminants, such as nutrients, pathogens,
and bacteria from manure and can transport them to the nearest water resource (lake, pond,
wetland, stream, or river). Certain site conditions, such as steep and unprotected slopes, lack of
vegetative cover, and proximity to receiving waters will encourage manure and contaminants
associated with manure from entering surface water resources. Pollution carried by runoff is called
nonpoint source pollution (NPS). Proper manure management and runoff management will protect or
improve water quality on your property, and in your community and watershed.
Manure contains nutrients, such as phosphorus and nitrogen, and pathogens, including bacteria,
viruses and parasites. These pollutants contaminate water resources and reduce recreational
potential of lakes and rivers, destroy wildlife habitat, and eliminate drinking water supplies for
people and livestock.
How does manure impact water resources?
When manure is deposited in water resources, either directly or by runoff, it can negatively impact
water resources. The nutrients contained in manure, phosphorus and nitrogen, can be carried by
runoff to the nearest water body, such as a pond, stream or lake. The nutrients then fertilize
aquatic weeds and accelerate weed growth in lakes and ponds. The aquatic plants deplete oxygen
levels, reducing the amount of oxygen available for other aquatic species such as fish. When the
weeds die, additional oxygen is required for decomposition, further stressing oxygen stores and
aquatic life. Direct manure entry into the water resource can also cause oxygen starvation due to
increased biological oxygen demand (BOD), and result in fish kills. Algae blooms are another result
of excess nutrients in the lake or pond. Algae blooms further reduce oxygen in the water body, can
turn the water an unsightly murky green, and generate an unpleasant odor. Eutrophication
(accelerated weed growth) and algae blooms kill fish and make swimming and boating unpleasant.
When the pathogens found in manure, including viruses, parasites, and bacteria such as fecal
coliform and e. coli, are deposited into a stream or lake, swimming areas and shellfish beds may be
closed. Pet and livestock drinking water supplies may be contaminated.
This information is available in alternative format by calling our ADA Coordinator at (617) 574-6872.
Produced by the Massachusetts Department of Environmental Protection, Municipal Services Section, Western Regional Office, 436 Dwight Street, Springfield,
Massachusetts, 01103. 413-784-1100, TDD 413-746-6620. October 2000.
2
What Can I do To Protect Water Quality?
Prevent manure from being
directly deposited in water
resources. Keep horses out of
streams, lakes, ponds and wetlands.
If you can not completely fence
your horse out of these areas, build
water crossings to limit access as
much as possible. (Note: Before
installing anything in a waterbody
you must contact your Conservation
Commission.) Consider alternative
water sources, such as troughs or an
automatic watering system.
Establish a vegetated buffer strip between horses and any water
resources. Don’ be discouraged if you have a small area to work with.
Any buffer strip is better than none at all!
3
Minimize runoff. Encourage stormwater infiltration on your property to reduce runoff, and
thus the transport of nutrients and pathogens to water resources. Small grassed
depressions in your pasture can act as detention basins, capturing water, encouraging
sediment and nutrients to filter out of the water, and encouraging infiltration. Roof gutters
can direct rain and snowmelt to drywells or rain barrels. Divert storm runoff from high
traffic areas and paddocks by constructing grassed swales or diversions.
Manage your horse’ manure. Proper manure management consists of containing manure, treating
manure, and disposing of manure.
Contain: Pick up manure from stalls, paddocks and pastures on a daily or regular basis.
Treat: Composting manure is an effective way to transform waste into a valuable resource for
your pastures and gardens. Maintaining a temperature of 135°to 160°will kill most pathogens,
parasites and weed seeds. This means fewer flies on your property, reduced odors, and a
reduced possibility of parasite infestation for your horse. Refer to the Composting fact sheet
for more information.
Dispose: Composted manure is a valuable resource that can enhance the soil and fertilize your
pastures and gardens. If you can rotate your pastures, composted manure can be spread in
resting pastures during the growing season at no more than a ½ inch layer at a time. If manure
is not composted, and you plan to spread it daily or routinely, spread manure on fields that will
not be used for grazing, probably for at least a year. Composted manure can also be shared
with horseless neighbors!
4
Additional Resources:
This link takes you to the Connecticut Horse Environmental Awareness Program (HEAP). The site
contains a series of fact sheets, and educational resources on best management practices (BMPs).
This link takes you to Horses for Clean Water, a non-profit environmental education organization based
in Washington state. The site has several fact sheets on a number of manure related topics including
composting, eliminating mud, and pasture management. Contact Alayne Blickle, program coordinator, at
425-432-6116 or via email at alayne@horsesforcleanwater.com for more information.
“anure and Pasture Management for Recreational Horse Owners” a series of web sites by the
University of Minnesota Extension Service. Includes plans for building a composting bin, detailed
discussion of the composting process, information on pasture management, and an extensive list of
additional sources of information.
This link takes you to the online version of the Good Neighbor Guide for Horse-Keeping: Manure
Management, an excellent publication developed by the University of New Hampshire Cooperative
Extension Service, New Hampshire Department of Environmental Services, and Natural Resources
Conservation Service.
A series of Small Acreage Fact Sheets by Oregon’ Washington County Soil and Water Conservation
District, including tips on controlling mud, providing alternative water sources for livestock, good and
bad environmental practices, and a year-round calendar of activities for sound farm and pasture
management. Click on “mall Acreage Landowner Fact Sheets”on the left side.
Agency Resources
Massachusetts Department of Environmental Protection (MA DEP)
Nonpoint Source Coordinators (technical assistance and outreach): Jane Peirce, 508-767-2792 or
Massachusetts Department of Food and Agriculture
The Natural Resources Conservation Service is a Federal agency that works in partnership with the
American people to conserve and sustain our natural resources.
Natural Resource Conservation Service Centers:
Berkshire CD 413-443-6867 Hampden-Hampshire CD 413-586-5440
Essex-Middlesex-Suffork CD 978-692-1904 N.E.N.W., S. Worcester CD 508-829-6628
Bristol-Plymouth-Norfolk CD 508-295-5151 Cape Cod –antucket-Dukes CD 508-771-6476
UMass Cooperative Extension Service 413-545-4800
For more information about
septic systems, contact:
U.S. Environmental Protection Agency
Date system installed
Installer
Phone
Tank size gallons
Capacity bedrooms
Type conventional
alternative (type)
Scheduled
Activity
inspection
Activities
Completed
inspection
Comments
sludge layer okay-may need
pumping next year
Pumping Co./
Phone
Joe Pumper 555-1234
Place on electrical box (fuse box) or other convenient location.
Things to keep in mind:
[
[
[
[
[
Inspect your system (every 1 to 3 years) and
pump your tank (as necessary, generally every
3 to 5 years).
Use water efficiently.
Don’ dispose of household hazardous wastes
in sinks and toilets.
Plant only grass over and near your septic
system. Roots from nearby trees or shrubs
might clog and damage the drainfield.
Don’ drive or park vehicles on any
part of your septic system.
Doing so can compact the
soil in your drainfield or
damage the pipes, tank, or
other septic system
components.
Next
Service
Septic System Maintenance Record
Jan. 2003
Septic System Description