05/02/2001 PLANNING BOARD Minutes

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guarantee may take the form of a donation account with the Town in an amount equal to $1000 for each groundwater monitoring well or an alternate amount sufficient to fund the monitoring program for a period of one year, with said amount established following the procedures specified above for an endowment account. Said donation shall be accompanied by a letter from the donor authorizing its use by the Planning Board to obtain the water quality data required by this program document and shall be submitted to the Town prior to the issuance of any building permit on land within the subdivision. Any other guarantee mechanism shall require specific approval by a vote of four members of the Planning Board and recordation of a modification of this document. Deeds to any lot, along with any declaration of covenants, conditions and restrictions, association bylaws or rules and regulations transmitted to buyers of property within the subdivision, except for any deed of the project open space, shall contain a notice of responsibility for the conduct and funding of this monitoring program and of the fact that failure to conduct the required monitoring or to correct on-site conditions resulting in significantly reduced water quality identified by the monitoring program shall be considered a violation of this special permit enforceable by all means available to the Town and that the cost of any work conducted by or contracted by the Town to tarty out the monitoring program or to correct identified conditions on the site resulting in reduced water quality shall become a lien against all owners' property within the project site. The Town may use funds collected under such liens to replenish the donation account noted above. A copy of each deed out from the applicant for lots within the project, containing the above-required language, shall be provided, with recordation data, to the Planning Board within 30 days of recording V. Standards The water quality standards upon which the enforcement provisions of this monitoring program shall be based are those Maximum Contaminant Levels (MCL's) adopted or proposed by the U.S. Environmental Protection Agency for drinking water in its National Primary Drinking Water Regulations, or those Secondary MCL's adopted or proposed by EPA in its National Secondary Drinking Water Regulations, except where any of the above standards differ with those included as regulatory standards in the following table. Where MCL's or SMCL's are later adopted or proposed for any contaminant, those new standards shall be applied as regulatory standards under this monitoring program where a standard is not set by the table or where they are stricter than those included as regulatory standards in the following table. In addition, the following table also specifies advisory standards which indicate the level above which various authorities have indicated a potential health risk. Where no advisory standard is listed, those Maximum Contaminant Level Goals (MCLG's) adopted or proposed now or in the future by the U.S. Environmental Protection Agency for drinking water shall be the advisory standard. The applicant shall make every reasonable effort to achieve these advisory standards and shall file a.report, as required by Section VI, of any violation of these advisory standards. However, where the initial round of sampling, indicating baseline conditions, shows levels of any constituent in excess of these standards, that information may be based on identified changes in constituent levels rather than consistency with the applicable regulatory or advisory -12-