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 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
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
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
Household Hazardous Waste Links
Hazardous Waste Publications
muncpl/hhwpubs.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.
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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.
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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 | 
