HomeMy WebLinkAbout1990-08-22
11
BOARD OF HEALTH/BOARD OF PUBLIC WORKS
The Minutes of the Meeting of Wednesday August 22, 1990 at 7:30
PM. The meeting was held in the Board of Selectmen's Hearing
Room, Town and County Building, Nantucket, MA 02554. All
members of the Board were present. Chairman Grossman called the
meeting to order at 7:30 PM.
Public Hearinq to Consider Proposed Amendments to include
Standard Variance Procedures to the Groundwater Protection
Requlations 62.00 through 66.00 adopted by the Board July 12.
1990. Chairman of the Advisory Committee, Kevin Dale stated
that the committee was recommending adoption of Regulations
62.00 Private Well Requlations and 63.00 Toxic and Hazardous
Materials which had been reviewed by Town Counsel and amended in
terms of language, not substance. Mr. Dale stated that the
committee and Counsel were also recommending adoption of
Regulation 67.00 Miscellaneous provisions which provide an
appeals procedure. Mr. Dale said that this action was
unanimouly recommended by the committee with the exception of
Mr. Ian Golding who abstained. Mr. Dale stated that the
committee would have a recommendation on Regulations 64.00,
65.00 and 66.00 next week. Mr. Borchert moved approval of the
amendments to the Goundwater Protection RegUlations: 62.00
Private Well Requlations. 63.00 Toxic and Hazardous Materials
and 67.00 Miscellaneous provisions to be published in tomorrow's
newspaper and effective August 24, 1990 (see attached).
Seconded by Mrs. Sevrens. So voted.
variance Requests from State Sanitary Code 310 CMR 15.00 (Title
V) and Subsection 50.02B of the BOH Requlations. for Mr. & Mrs.
Bruce Manninq. 7 I Street. Ms. Coombs read the memo from Health
Agent Richard Ray dated August 20, 1990 recommending the Board
grant the variance sought. After brief discussion, Mr. Borchert
moved to grant the above-mentioned variances with the condition
that the proposed well must be installed and a certification of
installation submitted to the Health Department prior to
issuance of the subj ect permit. Seconded by Ms. Coombs. So
voted.
variance Requests from State Sanitary Code 310 CMR 15.14 (8) .
15.02 (18) and 15.14B of the Massachusetts Requlation for Paul
Waickowski on Cambridqe Street. Ms. Coombs read the memo from
Health Agent Ray dated August 20, 1990 recommending the Board
grant the variance sought. After brief discussion, Ms. Coombs
moved to grant the above-mentioned variances with the condition
that all subject wells must be relocated and a certificate of
installation submitted to the Health Department prior to
issuance of the subject repair permit. Seconded by Mr.
Borchert. So voted.
Update on Status of Compostinq Proiect. DPW Superintendent Jeff
Willett stated that the Solid Waste Planning Committee voted to
reaffirm the Bueler-Miag technology and would begin negotiations
with them shortly. Mr. Willett estimated that in 8 to 10 months
the construction documents for bidding would be ready. Mr.
Willett recommended that the Board approve the contract with Mr.
Alan Atwood as composting Project Administrator. Chairman
Grossman asked and received consent of the Board to take this
item, which was on the Selectmen's agenda, out of order. Mr.
Viera moved approval of the agreement with Mr. Atwood in the
amount of $20 per hour for an amount not to exceed $35,000.
Seconded by Ms. Coombs. So voted.
Resignations: Assistant Health Officer and Member of Packaging
Review Committee. Ms. Coombs read the letters from Ms. Jessie
MacVicar dated August 20, 1990 announcing her resignations from
these positions. The Board accepted her resignations with
regret. Chairman Grossman and Mr. Ray stated that she had done
a wonderful job. Mr. Ray pointed out that the Health Department
needed a representative on the Packaging Review Committee. Mr.
Viera moved to appoint Mr. Ray and Mr. Glenn Speer to the one
..
Minutes of the Meeting of August 22, 1990 at 7:30 PM.
Page II
additional vacancy on this committee.
Borchert. So voted.
Seconded by Mr.
There being no further business before the Board, the Board
voted unanimously to adjourn at 7:49 PM to open as the Board of
Selectmen.
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Submitted for review the ~(; day of August 1990.
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Rebecca J. Lohmann
Assistant Executive Secretary
Approved the /2. '/!:'day of September
1990.
."
62.00
62.01
62.02
PRIVATE WELL REGULATIONS
(A) Purpose
These regulations are intended to protect the public
health and general welfare by ensuring that private
wells are constructed in a manner which will
protect the quality of the groundwater derived from
private wells.
(B) Authority
These regulations are adopted by the Nantucket
Board of Health, as authorized by Massachusetts
General Law, Chapter 111, section 31.
These regulations supercede all previous
regulations adopted by the Board of Health pursuant
to the construction of private wells.
DEFINITIONS
(A) Private Well
A private well shall be defined as any dug, driven,
or drilled hole with a depth greater than its
largest surface diameter developed to supply water
intended and/or used for human consumption and not
subject to regulation by 310 CMR 22.00.
PERMIT
(A) The property owner or his designated
representative shall obtain a permit from the
Heal th Agent prior to the commencement of
construction of a private well. Permits must be
obtained for any well that is deepened,
reconstructed or repaired for maintenance or other
needs. Emergency repairs can be made subject to
obtaining the necessary permit at the earliest
practicable time. Fee may be waived by the Agent
for repairs or maintenance.
(B) Each permit application to construct a well
shall include the following:
(1) the property owner's name and address
(2) the well driller's name and proof of valid
state registration
(3) a plan with a specified scale, signed by a
registered surveyor or engineer, showing the
location of the proposed well in relation to
"
62.03
existing or proposed above or below ground
structures
(4) a description and location of visible prior
and current land uses within four-hundred
(400) feet of the proposed well location,
which represent a potential source of
contamination, including but not limited to
the following:
(a) existing and proposed structures
(b) subsurface sewage disposal systems
(c) subsurface fuel storage tanks
(d) public ways
(e) utility rights-of-way
(f) any other potential sources of
pollution
(5) proof that the owner of any property within
400' of the applicant's well site has been
notified, by Certified Mail, RRR, of the
applicant's intention to install a well
(6) a permit fee of $50.00.
(C) The permit shall be on site at all times that
work is taking place. Each permit shall
expire one (1) year from the date of issuance
unless . revoked for cause . Permits may be
extended for one additional six (6) month
period provided that a written request is
received by the Agent prior to the one year
expiration date. No additional fee shall be
charged for a permit extension, provided there
is no change in the plans for the proposed
well.
(D) Well Construction Permits are transferable.
(E) Such permits shall be granted of right by the
Agent without a hearing upon satisfaction of
all rules, obligations and conditions as set
forth in these Private Well Regulations, 62.00
et seq. A grant or denial of a permit by the
Agent shall be appealable to the Board in
accordance with section 67.00 of these
regulations.
PRIVATE WELL PROTECTION ZONES
(A) In locating a private well, the applicant shall
identify all potential sources of
contamination which exist or are proposed
within four hundred (400) feet of the site.
When possible, the well shall be located
upgradient of all potential sources of
contamination and shall be as far removed from
potential sources of contamination as
possible, given the layout of the premises.
62.04
(B) Each private well shall be accessible for
repair, maintenance, testing, and inspection.
The well shall be completed in a water bearing
formation that will produce the required
quantity of water under normal operating
conditions.
(C) No on-site private well permit application
shall be approved if the private well is to be
within a 100 foot separation distance from
existing and proposed leaching facilities and
a 300 foot separation distance in a
downgradient ground water flow direction from
existing or proposed leaching facilities (see
attached diagram).
(D) Ground water flow directions will be
determined using the water table map #2
prepared by HWH, Inc. as part of its Nantucket
Water Resources Management Plan, March, 1990,
or field data submitted by the applicant,
(herein incorporated by reference and attached
hereto) Board of Health or its agent by
measuring the site-specific flow conditions
using at least three observation wells in which
water table elevations will be measured.
(E) All wells located in the "dome" areas shown
on Map #2, HWH Water Management report, March
1990, on file with the Board of Health ("HWH
Map #2") shall be exempt from the 300 foot
separation distance in a down gradient
ground-water flow direction from existing or
proposed leaching facilities but shall
maintain a 100-foot separation distance from
said facilities. A "dome" is defined as the
area within the highest hydrological regional
contour line. There are seven (7) "dome II
areas on Nantucket.
(F) The Board reserves the right to impose minimum
lateral distance requirements from other
potential sources of contamination not listed
above. All such special well location
requirements shall be listed, in writing, as a
condition of the well construction permit.
WELL
(A)
DESIGN. CONSTRUCTION AND REOUIREMENTS
Pursuant to 313 CMR 3.00, no person in the
business of digging or drilling shall be hired
to construct a private well unless such person
is registered with the Department of
Environmental Management/Division of Water
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LINEAR WATER TABLE
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Resources. Any work involving the connection
of the private well to the distribution system
of the residence must conform 0 the local
plumbing code. All electrical connections
between the well and the pump controls and all
piping between the well and the storage and/or
pressure tank in the house must be made by duly
licensed installers, including the installation
of the pump and appurtenance in the well or
house.
(B) Well drillers shall notify the Nantucket
Board of Health when a well has been
installed and cleared. At this time, the
well driller will furnish the Board with a
locus map or Nantucket Tax Assessor's Map
and Parcel plan and/or a copy of the
state "Water Well Completion Report". A
well location diagram, also showing proper
dimensions required to locate well, shall be
filed with the Inspector of Buildings.
(C) Abandoned wells, test holes, and borings shall
be decommissioned so as to prevent the well,
including the annular space outside the
casing, from being a channel allowing the
vertical movement of water.
The owner of the private well shall
decommission the well if the well meets any of
the following criteria:
(1) construction of the well is terminated
prior to completion of the well
(2) the well owner notifies the Board that
the use of the well is to be permanently
discontinued
(3) the well has, after extended use, been
out of service for at least three years
(4) the well is a potential hazard to public
health or safety and the situation cannot
be corrected
(5) the well is in such a state of disrepair
that its continued use is impractical
(6) the well has the potential for
transmitting contaminants from the land
surface into an aquifer or from one
aquifer to another and the situation
cannot be corrected
The property owner shall be responsible for
ensuring that all abandoned wells and test
holes or borings associated with private well
installation are properly plugged. Only
registered well drillers may plug abandoned
62.05
wells, test holes, and borings.
PRIVATE WELL SAMPLING AND TESTING
(A) The applicant shall submit to the Board a
Pumping Test Report which shall include the
name and address of the well owner, well
location, referenced to at least two permanent
structures or landmarks, date the pumping test
was performed, depth at which the pump was set
for the test, location of the discharge line,
static water level immediately before pumping
commenced, discharge rate and, if applicable,
the time the discharge rate changed, pumping
water levels and respective times after
pumping commenced, maximum drawdown during the
test, duration of the test, including both the
pumping time, and the recovery time during
which measurements were taken, recovery water
levels and respective times after cessation of
pumping, the reference point used for all
measurements.
(B) Additional Pump Testing: Private wells
proposed to be located seaward of the 4-foot
water table contour line as delineated on HWH
Map #2 will require completion and recordation
of the results of 4-hour pump test at a minimum
pumping rate of 7 gallons per minute and a
maximum pumping rate of 10 gallons per minute;
to determine (for public information purposes)
the potential for saltwater intrusion or other
existing contamination sources. The pump test
shall be conducted during high tide conditions.
(C) A water sample will be taken by an agent of
the Board of Health or its designee. The well
will .be pumped until specific conductance
readings have stabilized (or at the end of the
4-hour pump test in the case of the wells
downgradient from the 4-foot water table
contour) .
(D) The water sample will be secured with a bailer
of a peristalic pump to minimize aeration of
the sample.
(E) pH and specific conductance will be measured
in the field.
(F) Samples will be preserved with ice and will be
delivered to a state certified water quality
laboratory within 24 hours. Samples will be
62.06
analyzed for and meet water quality standards
for coliform bacteria, nitrate-nitrogen, iron,
sodium, chlorides and where the Board of
Health deems necessary additional analyses
such as volatile organic compounds (VOC's) and
EPA Methods 624, 625. The Board of Health
shall make the judgement for the inclusion of
VOC analyses based upon potential
contamination sources and presumed ground
water flow directions (utilizing HWH water
resources maps and other more recent available
information). For example a proposed private
well to be located downgradient of a mapped
underground storage tank or an industrial land
use should be tested for VOC's.
(G) The quality of the drinking water must meet
accepted u.s. Public Health Service Standards.
This requirement may be met by the
installation of filters or softeners.
(H) The Board of Health reserves the right to
inspect the "water systems" utilized for
supplying and/or furnishing water which is
located between the well and the building
structure or area to be served anytime during
construction, installation or yield test of
the well.
(I) Following a receipt of the water quality test
results, the applicant shall submit a Water
Quality Report to the Board which includes:
(1) a copy of the certified laboratory's test
results
(2) the name of the individual who performed
the sampling
(3) where in the system the water sample was
obtained
The Board reserves the right to require retesting
of the above parameters, or testing for additional
parameters when, in the opinion of the Board, it is
necessary due to local conditions or for the
protection of the public health, safety, and
welfare. All costs and laboratory arrangements for
the water testing are the responsibility of the
applicant.
RELIEF PROCEDURE - PRE-EXISTING LOTS
(A) Whenever a person has submitted a subdivision,
or preliminary subdivision plan followed
within 7 months by a definitive plan, or a
plan referred to in M.G.L. Ch. 41, sec. 81P,
as the case may be, the land shown on such
plan shall be governed by the provisions of
the state environmental code and board of
health regulations, if any, which differ from
the code which are in effect at the time of
first submission of the plan. Such provisions
shall apply while the plan is processed until
rejected, or if approved, until 3 years from
the date of filing pursuant to M.G.L. Ch.111
sec. 127P.
(B) Any lot not covered by clause (A) which is
shown or referred to in a deed or shown on
a plan duly recorded at the Nantucket Registry
of Deeds, or filed in The Land Registration
Office before the effective date of this
regulation, August 24, 1990, shall comply with
section 62.03 (A) of the regulation to the
maximum extent possible, meaning that wells
shall be located as close to the regulation
distance requirements as lot size and contours
permit. As a minimum requirement, said lot
shall comply with current state Sanitary Code
Regulations and local regulations in effect
prior to August 24, 1990.
In the event that a pre-existing lot cannot
comply with the 300 foot separation
requirement set forth in section' 62.03 (A),
then, in that event, the Board of Health, or
its agent, shall in any case grant to said lot
an exemption from the 300 foot separation
requirement upon the following conditions:
(1) The applicant shall submit to the Board of
Health a design plan stamped by a Professional
Engineer or Land Surveyor showing the location
of the proposed well, the proposed or existing
leaching facilities on said lot, locations of
all wells and leaching facilities within 400
feet of the proposed well, or as far from the
locus as deemed necessary to determine that
compl iance with this section cannot be met, and
the ground water gradient and direction of flow
for said lot (as determined by Map #2, HWH
Water Management Report, March, 1990 on file
with The Board of Health) .
(2) For pre-existing, vacant lots being held in
contiguous ownership prior to the effective
date of this regulation, the applicant shall
also file a stamped plan with such design and
location information showing maximum
compliance with the 300 foot separation
63.00
TOXIC AND HAZARDOUS MATERIALS
(A) PURPOSE
These regulations are intended to protect the public
health and general welfare by ensuring that storage
and handling of toxic and hazardous materials be
regulated in a manner which will protect the
quality of the groundwater on Nantucket Island.
(B) AUTHORITY
These regulations are adopted by the Town of
Nantucket Board of Health, as authorized by
Massachusetts General Law, Chapter 111, section 31.
These regulations supercede all previous
regulations adopted by the Board of Health dealing
with the storage and handling of toxic and
hazardous materials.
(C) PREAMBLE
The storage and handling of toxic/hazardous
materials in the Town of Nantucket represents a
potentially serious threat to ground water quality.
The current business and commercial areas, some of
which are located in the recharge areas for the
public wells and the drainage areas to surface
waters, present a threat to water quality.
(D) FINDINGS
The Town of Nantucket finds that:
The ground water underlying this island is the sole
source of its existing and future water supply,
including drinking water;
The ground water aquifer is integrally connected
wi th, and flows into, the surface water, lakes,
streams and marshes which constitute significant
recreational and economic resources of the island
used for water-related recreation, fishing and
shellfishing.
Accidental spills and discharges of petroleum
products and other toxic and hazardous materials
will likely occur by reason of' increasing
construction, commercial and industrial development,
population and vehicular traffic on the island of
Nantucket.
63.01
DEFINITIONS
(A) Discharqe
The term "discharge" means the accidental,
negligent or intentional spilling, leaking,
pumping, pouring, emitting, emptying, dumping or
other disposing of toxic or hazardous material upon
or into any land or water on the island of
Nantucket. Discharge includes, without limitation,
leakage of such materials from failed or discarded
containers or storage systems and disposal of such
materials into anyon-site sewage disposal system,
dry-well, catch basin or landfill.
The term "discharge" as used and applied in this
regulation does not include the following:
I. Proper disposal of any material in a sanitary
or industrial landfill that has received and
maintained all necessary legal approvals for
that purpose;
2. Application of fertilizers and pesticides in
accordance with label recommendations and
with regulations of the Massachusetts
Pesticide Control Board;
3. Application of road salts in conformance with
the Snow and Ice Control Program of the
Massachusetts Department of Public Works, and
4. Disposal of "sanitary sewage" to subsurface
sewage disposal systems as defined and
permitted by Title V of the Massachusetts
Environmental Code and the Town of
Nantucket Board of Health Regulations.
(B) Toxic or Hazardous Materials
The term "toxic or hazardous material" means any
substance or mixture of such physical,
chemical, or infectious characteristics as to
pose a significant actual or potential hazard to
water supplies, or other hazard to human health,
if such substance or mixture were discharged on
this island. "Toxic or hazardous materials"
include, without limitation, organic chemicals,
petroleum products, heavy metals, radioactive or
infectious wastes, acids and alkalides and
includes products such as pesticides,
herbicides, solvents and thinners. The
following activities, without limitation, are
presumed to involve the use of toxic or
hazardous materials, unless and except to the
extent that anyone engaging in such an activity
63.02
can demonstrate the contrary to the satisfaction
of the Board of Health.
* Airplane, boat and motor vehicle service and
repair
* Boat manufacturing
* Chemical and bacteriological laboratory
operation
* Cabinet making
* Dry cleaning
* Electronic circuit assembly
* Metal plating, finishing and polishing
* Motor and machinery service and assembly
* Painting, wood preserving and furniture
stripping .
* Pesticide and herbicide application
* Photographic processing
* Printing
The Board of Health may, consistent with this
definition, and by authroity of Chapter Ill, Section
3l, issue regulations further identifying specific
materials and activities involving the use of
materials which are toxic or hazardous.
(C) "Owner or Operator"
These terms shall mean for the purposes of 63.00 et
seq. (1) in the case of a vessel, any person
owning, operating or chartering by demise such
vessel, (2) in the case of a site, any person
owning or operating or in possession of such site,
and (3) in the case of an abandoned site, any
person who owned, operated, or otherwise controlled
activities at such site immediately prior to such
abandonment. The term shall not include a person,
who without participating in the management of a
vessel or site holds indicia of ownership primarily
to protect his security interest in said vessel or
site.
(D) "Person"
This term shall mean for the purposes of 63.00 et
seq. any agency or political subdivision of the
federal government or the commonwealth, any state,
public or private corporation or authority,
individual, trust, firm, joint stock company,
partnership, association, or other entity, and any
officer, employee, or agent of such person, and any
group of persons.
PROHIBITIONS
(A) The discharge of toxic or hazardous materials
63.03
63.04
by any person on the island of Nantucket is
prohibited.
(B) Outdoor storage of toxic or hazardous materials
by any person is prohibited, except in product-tight
containers which are protected from the elements,
leakage, accidental negligent or intentional damage
and vandalism, and which are stored in accordance
with all applicable requirements of section 63.03 of
this regulation. For purposes of this subsection,
road salts and fertilizer shall be considered as
hazardous materials.
STORAGE. CONTROLS. REGISTRATION AND INVENTORY
(A) Except as exempted below, every owner, and
every operator at which toxic or hazardous materials
are stored in quantities totaling at any time
more than 25 gallons liquid volume or 50 pounds
dry weight, shall register with the Agent of the
Board of Health the types and quantities of
materials stored, location and method of storage.
The Board of Health or its Agent may require an
inventory of such materials be maintained on the
premises and be reconciled with purchase, use, sales
and disposal records on a monthly basis, in order to
detect any product loss. Registration required by
this subsection shall be submitted within 60 days of
the effective day of this regulation, and
annually thereafter. Maintenance and reconcilia-
tion of inventories shall begin with the same 60-
day period. Exemptions: registration and
inventory requirements shall not apply to the
following:
I. Fuel oil stored in conformance with
Massachusetts Fire Prevention Regulations or
2. The storage of toxic and hazardous materials
at a single family or two-family dwelling,
except where such materials are stored for
use associated with a professional or home
occupation use.
CHEMICAL RESISTANT SURFACES AND CONTAINMENT
(A) Containers of toxic or hazardous materials
for commercial uses are required to be stored on or
above an impervious, chemically resistant surface
compatible with the material being stored,
and owners are required to make provisions to
properly contain the product in the case of
accidental spillage. For commercial uses existing
prior to the effective date of this regulation,
63.05
63.06
63.07
August 24, 1990, the Board of Health or its Agent
may require or waive such compliance to the extent
permitted by the General Laws.
REPORT OF SPILL AND LEAKS
(A) Every person having knowledge of a spill,
leak or other loss of toxic hazardous
materials believed to be in excess of 10
gallons shall immediately report the spill
or loss of same to the Board of Health or
other public safety official.
ENFORCEMENT
(A) The provisions of this regulation shall be
enforced by the Agent of the Board of Health. The
agent of the Board of Health may, to the extent
permitted by law, enter upon any premises at any
reasonable time to inspect for compliance.
(B) Upon request of the Agent of the Board of
Health, the owner or operator of any premises at
which toxic or hazardous materials are used or
stored shall furnish all information required to
enforce and monitor compliance with this regulation,
including a complete list of all chemicals,
pesticides, fuels, and other toxic or hazardous
materials used or stored on the premises, a
description of measures taken to protect storage
containers from vandalism, corrosion and spillage
and the means of disposal of all toxic or hazardous
wastes produced on the site. A sample of wastewater
disposed to on-site septic systems, drYWells or
sewage treatment systems may be required by the
Agent of the Board of Health.
(C) All records pertaining to storage, removal
and disposal of toxic or hazardous materials
shall be retained by the owner or operator
for no less than three years, and shall be
made available for review upon the request
of the agent of the Board of Health.
(D) Certification of conformance with the
requirements of this regulation by the Agent of
the Board of Health shall be required prior to
issuance of construction and occupancy permits for
any non-residential uses.
VIOLATION
(A) Violations of regUlations under 63.00 et seq.
shall be enforced as provided in this section 63.07
(B) with specific monetary penalties for violation
pursuant to 63.08 rather than as provided in the
general regulations of 67.01 and 67.05.
(B) written notice of any violation of this
regulation shall be given to the owner and
operator by the Agent of the Board of Health,
specifying the nature of the violation, any
corrective measures that must be undertaken,
including containment and cleanup of discharged
materials, any preventive measures required for
avoiding future violations and for a schedule of
compliance. Requirements specified in such
a notice shall be reasonable in relation to
the public health hazards involved and the
difficulty of compliance. The cost of
containment and cleanup shall be borne by
the owner and operator of the premises.
63.08
PENALTY
(A) Penalty for failure to comply with any
provisions of this regulation shall be
$200.00 per day of violation, after notice
thereof under section 63.07 (B).
63.09
APPEAL
Any action by the Agent shall be appealable to the
Board of Health in accordance with Section 67.04.
(~CKV BOARD @f_HEALTH
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Bernard D. Gr~~n
Nancy J. ens
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Carl Borchert
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Dlane Coombs
August 22. 1990
Date signed
Auqust 23. 1990
Date Published
67.00
67.01
67.02
MISCELLANEOUS PROVISIONS
The regulations in this section 67.00 et seq. are
generally applicable to all Board of Health
regulations set forth in sections 62.00 to 66.00 et
seq. and any other present or future regulations
that the Board of Health by resolution may
designate (the regulations).
ENFORCEMENT
The Health Agent shall investigate violations of
these regulations and 62.00 through 66.00et seq.
and may take such actions as the Agent deems
necessary for the protection of the public health
and the enforcement of these regulations.
If an investigation reveals a violation of these
regulations, the Health Agent shall order the owner
to comply with the violated provision(s).
These orders shall be in writing and served in the
following manner: (a) personally, by any person
authorized to serve civil process, or; (b) by any
person authorized to serve civil process by leaving
a copy of the order at the owner's/operator's last
and usual place of abode, or; (c) by sending the
owner/operator a copy of the order by registered or
certified mail, return receipt requested, if the
owner/operator is within the Commonwealth, or; (d)
if the owner's/operator's last and usual place of
abode is unknown or ours ide the Commonwealth, by
posting a copy of the order in a conspicuous place
on or about the premises and by advertising it for
at least three out of five consecutive days in one
or more newpapers of general circulation on
Nantucket.
HEARING - ADMINISTRATIVE APPEAL OF HEALTH AGENT'S
ORDERS
The owner/operator to whom any order has been
served may request a hearing before the Board of
Health by filing with the Board within 7 days after
the day the order was served, a written petition
requesting a hearing on the matter. Upon receipt
of such petition, the Board shall set a time and
place for such hearing and shall inform the
owner/operator thereof in writing. The hearing
shall be commenced not later than 30 days after the
day on which the order was served. The Board, upon
application of the owner/operator, may postpone the
date of hearing for a reasonable time beyond such
30-day period if in the judgement of the Board the
owner/operator has submitted a good and sufficient
reason for such postponement. At the hearing the
owner/operator shall be given an opportunity to be
67.03
67.04
67.05
67.06
67.07
heard and to show why the order should be modified
or withdrawn. After the hearing, the Board shall
sustain, modify, or withdraw the order and shall
inform the well owner in writing of its decision.
If the Board sustains or modifies the order, it
shall be carried out within the time period
allotted in the original order or in the
modification.
HEARING
Every notice, order, or other record prepared by
the Board in connection with the hearing shall be
entered as a matter of public record in the office
Nantucket Board of Health.
If a written petition for a hearing is not filed
with the Board within 7 days after the day an order.
has been served or if after a hearing, the order
has been sustained in any part, each day's failure
to comply with the order as issued or modified
shall constitute an additional offense.
APPEAL
Any person aggrieved by a decision of the Health
Agent may seek relief therefrom within 30 days by
appeal to the Board, which shall after hearing,
issue a final decision. Any person aggrieved by
the final decision of the Board may seek relief
therefrom within thirty (30) days in any court of
competent jurisdiction, as provided by the laws of
this Commonwealth.
PENALTIES
Any person who violates any provJ.slon of these
regulations, or who fails to comply with any order
by the Board, for which a penalty is not provided
in M.G.L. Ch. 111 section 31 or otherwise provided
in any of the General Laws shall upon conviction be
fined not less than ten nor more than five hundred
dollars. Each day's failure to comply with an
Order shall constitute a separate violation.
VARIANCES
The Board of Health may vary any provJ.slon of these
regulations with respect to any particular case,
when in its opinion, (1) the enforcement thereof
would do manifest injustice, and (2) the applicant
has proved that the same degree of protection can
be achieved without strict application of the
particular provision. All variances shall be
considered at a hearing by the Board of Health.
SEVERABILITY
Each regulation shall be construed as separate to
. .
67.08
67.09
the end that if any regulation or sentence, clause,
or phrase thereof shall be held invalid for any
reason, the remainder of that regulation and all
other regulations shall continue in full force.
EFFECTIVE DATE
These regulations were adopted by vote of the
Nantucket Board of Health, at its regularly
scheduled meeting held on August 22, 1990 and are to
be in full force and effect on and after
August 24, 1990. Before said date, these
regulations shall be published and a copy thereof be
placed on file in the Board of Health Offices.
These regulatiqns or any portions thereof may be
amended, supplemented or repealed from time to time
by the Board, with notice as provided by law, on its
own motion or by petition.
DISCLAIMER
Issuance of a well, septic system or ther permit
under these regulations shall not be construed as a
guarantee by the Board or its agents that the water,
septic or disposal system will function
satiSfactorily nor that the water supply or disposal
will be of sufficient quality or quantity for its
intended use. .
(IT~n:~,:~~EALTH
Bernard D. Grossman, Chairman
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Carl Borchert
Auqust 22. 1990
Date Signed
Auqust 23. 1990
Date Published
".'
requirement for contiguous lots abutting the
subject lot.
(3) Failed leaching facilities on an improved
lot shall, if necessary, be relocated on said
lot to the maximum separation distance
attainable at the time the facilities are
replaced up to 300 feet.
(4) Adjustments of pre-existing lot lines shall
not subject said lot to compliance with the
300 foot separation requirement on the
condition that such adjustments do not create
an additional "buildable" lot and the distance
between the well and leaching facility on said
lot is not diminished.
'. \, c~~tt. '.- OF HEALTH
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Nancy J~~ens
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~2i~~-
riiane Coombs
Mo?!!~
Auqust 22. 1990
Date Signed
Auqust 23. 1990
Date Published
BOARD OF HEALTH
The Minutes of the Meeting of August 29, 1990 at 7:30 PM. The
meeting was held in the Board of Selectmen's Hearing Room, Town
and County Building, Nantucket, MA 02554. All members of the
Board were present with the exception of Mr. Viera. Chairman
Grossman called the meeting to order at 7:32 PM.
Approval of the Minutes of Auqust 15. 1990 at 7:30 PM: also of
Auqust 16. 1990 at 7:30 PM. Ms. Coombs moved approval; seconded
by Mrs. Sevrens. So voted. Reading of the Minutes was waived.
Public Hearinq to Consider Proposed Amendments to the
Groundwater Protection Requlations. to include Standard Variance
Procedures for Requlations 62.00 through 66.00 adopted by the
Board JulY 12. 1990. Ms. Coombs read the letter from Kevin
Dale, Chairman of the Advisory Committee to Consider Amendments
to Groundwater Protection Regulations dated August 24, 1990.
Mr. Dale explained that the the committee was recommending a
small change to RegUlation 62.00 section 62.05(G).
Mr. Viera joined the meeting at 7:34 PM.
Mr. Viera moved approval of the amended section 62.05(G).
Seconded by Ms. Coombs. So voted.
Mr. Dale explained that the committee recommended adoption of
Regulation 64.00 On-Site Sewaqe Disposal Systems which had been
amended to incorporate language changes made by Town Counsel.
Mrs. Sevrens moved to adopt BOH RegUlation 64.00 to take effect
August 31, 1990. Seconded by Mr. Borchert. So voted.
Mr. Dale stated that the committee recommended adoption of
Regulation 65.00 Disposal of Sewaqe of over 2.000 GPD after
language changes made by Town Counsel. Mr. Borchert moved
approval of BOH Regulation 65.00 to take effect August 31,
1990. Seconded by Ms. Coombs. So voted.
Mr. Dale stated that the committee recommended adoption of
Regulation 66.00 Upqrading of Substandard On-Site Septic Systems
noting that no substantive changes had been made by Town
Counsel and that the effective date of the second part of the
regulation (transfer of property) is February 1, 1991. Ms.
Coombs moved approval of BOH Regualtion 66.00 with the
appropriate effective dates. Seconded by Mr. Borchert. So
voted.
Mr. Borchert explained that the Board was requested to amend
BOH Regulation 67.00 adopted last week to allow for appropriate
effective date language. Mrs. Sevrens moved to approve the
amendment to BOH Regulation 67.00. Seconded by Ms. Coombs. So
voted. (Regulations are attached).
Mr. Dale thanked the committee members and the Selectmen's
office staff. Mr. Borchert stated that the build out
projections should be taken seriously and stressed the need for
the community to work together. Mr. Borchert moved to send a
letter of thanks to the Nantucket Land Council. Seconded by
Mrs. Sevrens. So voted.
At Mr. Bruce Perry's request, Mr. Viera moved to declare 10
South Beach Street a "No Smoking" Building. Seconded by Ms.
Coombs. So voted. Mrs. Sevrens stated that an area for smokers
should be established.
There being no further business before the Board, the Board
voted unanimously to adjourn at 7:46 PM to reopen as the Board
of Selectmen.
.f-
sp;:: f~: z~:~t~e ~:>-daY of August 1990.
Rebecca J. Lohmann
Assistant Executive Secretary
Approved the / tf1,) day of September 1990.
I .
62.05
AMENDMENT TO PRIVATE WELL REGULATIONS
Section 62.05 PRIVATE WELL SAMPLING AND TESTING is
hereby amended by deleting the existing section G
and inserting instead the following:
(G) The quality of the drinking water must meet
accepted Massachusetts Drinking Water Standards,
October 1989, Department of Environmental
Protection. This requirement may be met by the
installation of filters or softeners.
NANTUCKET BO~ OF HEALTH
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B~rnard D. GrossmF,-.Chairman
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ancy J. Se ,
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~yn 'era v
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Diane Coombs
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Carl Borchert
Auqust 29. 1990
Date Signed
Auqust 30. 1990
Date Published
64.00
64.01
ON-SITE SEWAGE DISPOSAL SYSTEMS
(A) Purpose
These regulations are intended to protect the
public health and general welfare by regulating on-
site sewage disposals in a manner which will
protect the quality of the groundwater which
regulations are intended to complement Title 5 of
the State Enviornmental Code.
(B) Authority
These regulations are adopted by the Nantucket
Board of Health, as authorized by Massachusetts
General Laws, Chapter 111, section 31.
These regulations, together with regulations 65.00
and 66.00 et seq. , supercede all previous
regulations adopted by the Board of Health pursuant
to the construction of on-site sewage disposal
systems, except 50.00 et seq., 51.00 et seq. and
60.00 et seq., and are intended to complement
existing regulations 50.00 (Madaket regulations),
51.00 (Town Septic Regulations) and 60.00 (40,000
square foot Minimum Lot Size) which are reaffirmed.
(C) Preamble
The Board desires to complement Title V at this
time because of its determination that the State
Environmental Code Title V, Minumum Requirements
for the Subsurface Disposal of Sanitary Sewage have
not proven to be adequate in protecting ground and
surface waters from contamination by nutrients,
bacteria, viruses and hazardous materials
associated with septic system effluent,
particularly in areas with extremely rapid
infiltration rates and in coastal areas
characterized by tidally-induced ground water
fluctuations, coastal flooding and shifting sands.
Furthermore, the Board is concerned that given the
predicted accelerating rise in sea level attributed
to global warming, leaching areas which initially
conform with the requirements of Title V may
gradually lose effectiveness over time. Finally,
consultants have also advised that large on-site
sewage disposal systems may pose significant
threats to ground and surface waters that are not
adequately addressed in Title V.
GENERAL REQUIREMENTS FOR INDIVIDUAL DISPOSAL SYSTEMS
(A) . Disposal Works Construction Permit
No individual sewage disposal system or other means
of sewage disposal shall be located, constructed,
altered, repaired, or installed where a common
sanitary sewer is accessible adjoining the property
and where permission to enter such sewer can be
obtained from the authority having jurisdiction
over it (310 CMR 15.03(11)) or if a common sanitary
sewer is not accessible until a permit for its
location, construction, alteration, repair or
installation shall have been issued by the Board of
Health. A permit shall not be issued for any
system of individual sewage disposal when the total
volume of the sewage to be disposed of on any lot
is in excess of 15,000 gallons per day, or where
swage treatment facilities are proposed on the lot
to be served, until the plans for such system have
been approved by the Massachusetts Department of
Environmental Protection in accordance with MGL C.
111 s. 17. Where sewage flows on a lot exceed
15,000 gallons per day, the Department of
Environmental Protection may require additional
treatment of the waste prior to its disposal to the
ground. The applicant is also obligated to comply
with any applicable requirements established by the
Division of Water Pollution Control pursuant to MGL
C. 21 s. 43, and the Wetlands Protection Act, MGL
C.131 s.40.
(B) The definition of "individual sewage disposal
system" set forth in 310 CMR 15.01 and other there
defined terms used in these regulations are hereby
incorporated by reference and are applicable
herein.
(C) Application for Disposal Works Construction
Permit
An application for a disposal works construction
permit shall be submitted to the Board of Health
and must be accompanied by a plan of the proposed
sewage disposal facilities. Such permit shall be
invalidated if conditions different than those set
forth in the application are found prior to or
during actual construction of the individual sewage
disposal system. In any event, a permit so granted
shall expire in one (1) year from the date of issue
in accordance with 51.04 (a) unless construction of
the system of individual sewage disposal is begun
before the expiration date.
(D) Plan of Sewaqe Disposal System
The submitted plan must show as a minimum: the lot
to be served, location and dimensions of the system
(including reserve area), design calculations,
existing and proposed contours, location and log of
deep observation holes, location and results of
percolation tests, location of any streams, surface
and subsurface drains and wetlands within 100 feet
of the sewage disposal system, known sources of
water supply within 200 feet of the sewage disposal
system, location of any proposed well to serve the
lot, location of water lines on the property,
maximum ground water elevation in the area of the
sewage disposal system, and a profile of the
system. The plan must be prepared by a
Professional Engineer or other professional
authorized by law to prepare such plans.
(E) Use
The use of an individual sewage disposal system
shall be in compliance with the terms of the permit
issued therefore and shall not exceed the design
capacity of the system. Design capacity shall not
be reduced for seasonal use.
(F) Buildinq or Plumbinq Permits/Subdivision Plans
No Building permit, foundation permit, special
building permit, or plumbing permit shall be issued
until a Disposal Works Construction Permit has
first been obtained, unless the Board of Health
determines that the existing sewage disposal system
is adequatge for a proposed alteration or addition
to an existing dwelling.
(G) certificate of Compliance
A new individual sewage disposal system and
al teration or repairs to an existing individual
system shall not be placed in service, nor shall
new dwellings or buildings or additions thereto,
which must rely on new individual sewage disposal
systems for sewage disposal, be occupied until the
Board of Health has issued a Certificate of
Compliance indicating that said disposal system has
been located, constructed, altered, or repaired in
compliance with the terms of the permit and the
requirements of this regulation. The Board of
Health shall require inspection of all construction
by the designer or by an agent of the Board of
Health and require him to certify in writing that
all work has been completed in accordance with the
terms of the permit and the approved plans. Such
written certification by the designer is mandatory
for all work approved by the Department of
Environmental Protection with the additional
provision that a copy of the written certification
must be submitted to the to the Department of
Environmental Protection by the designer.
(H) Fees
A fee for the issuance of a construction permit to
be charged by the Board of Health at the time an
application is made for the permit shall be in
64.02
accordance with the current fee schedule as adopted
by the Board of Health.
(I) In addition to the obligation to meet the
general requirements above and those set forth in
Title 5 of the state Environmental Code hereby
incorporated by reference, no certificate of
compliance and no permit for the construction of an
individual sewage disposal system shall be granted
unless the additional standards set forth in
sections 64.02 through 64.06 are met.
DETERMINATION OF MAXIMUM GROUND WATER ELEVATION
(A) On any lot, in the area to be used for
leaching, there will be at least two deep
observation holes plus any additional number which
in the opinion of the Health Agent, will be
necessary to determine the consistency (or lack
thereof) of the character of the soil. The
observation holes shall be examined to a depth of
at least 4 feet below the bottom of the proposed
leaching facility, but in no case shallower than 10
feet, unless this depth is unattainable. The
ground water elevation should be determined when
the ground water is at its maximum elevation.
Maximum ground water elevations shall be determined
from on-site test pits or borings for lots at any
time of the year where it is demonstrated that
there is a ten (10) foot separation distance
between the bottom of the proposed leaching
facility and the ground-water elevation based upon
the Nantucket groundwater elevation map (HWH Map
#2) and/or actual field data unless there is clay
and/or till existing to a depth of ten (10) feet.
Otherwise, such determination shall be made from
February 15 to June 15. This time limitation shall
become effective as of February 15, 1991.
(B) In addition to the requirements above, for
on-site sewage disposal systems proposed within the
100 year flood plain as indicated on FEMA
(Federal Emergency Management Act) maps dated
June 3, 1986, as may be amended from time to time
(hereinafter referred to as "FEMA Maps"), maximum
high Ground water levels shall be determined within
48 hours of spring high tide (bimonthly extreme
high tides, occurring during new and full moon). A
shallow monitoring well shall be installed at the
location of the proposed leaching area for this
purpose, and water table measurements shall be made
beginning at high tide and repeated hourly until
the water table begins to decline.
64.03
LOCATION OF LEACHING FACILITIES
(A) All leaching facilities shall be designed and
located so that at least six (6) feet of naturally
occurring pervious material remains between the
bottom of the leaching area and above the maximum
ground water elevation. The naturally occuring
pervious material shall have a percolation rate
less than or equal to 25 minutes per inch or 20
minutes per inch for systems over 2000 gallons per
day and the 6 foot vertical separation must be free
of impervious materials, such as layers of clay,
silt, subsoil or loam. No "mounded" systems as
defined below, constructed in fill, shall be
permitted within the 100 year floodplain shown on
the current FEMA Map on file with the Board of
Health ("FEMA Map") unless such "mounded" system is
constructed follows:
AI. The design Engineer shall follow generally
acceptable Engineering Standards.
A2. "Mounded" septic systems in FEMA Flood Zone
"A" shall be protected from scour or erosion by
floodwalls or levees. The structural grade or
design elevation must be established to
protect against the 100 year design flood,
plus allowances for settlement and/or
freeboard.
A3. Backflow devices approved under the Plumbing
Code shall be installed to resist flood-induced
pressures at all locations where reverse flows
can be expected. Approved backflow devices
shall also be installed at water wells and
water service lines to protect water systems
from floodwater backflow or siphonage.
(B) No on-site sewage disposal systems shall
be permitted within coastal dunes, coastal beaches,
or barrier beaches, as defined in Chapter 136 of
the Nantucket Code and regulations adopted
thereunder.
(C) No on-site sewage disposal systems shall be
permitted within actively eroding coastal banks or
within stable coastal banks with a slope of greater
than 18% as defined in Chapter 136 of the Nantucket
Code and regulations adopted thereunder.
(D) No on-site sewage disposal system shall be
permitted within the V Zones shown on the "FEMA
maps." Sewage disposal systems constructed within
the 100-year floodplain shown on the "FEMA maps"
64.04
64.05
64.06
must be designed to minimize the discharge of
contaminants during floods.
HORIZONTAL SETBACKS FOR LEACHING AREA
(A) No leaching facility shall be installed
within 300 feet of any downgradient private
wells, ponds, Nantucket Harbor, Madaket
Harbor and open tidal waterways tributary to
Madaket and Nantucket Harbors as determined
by a professional engineer or land surveyor.
AI. For the purposes of this section of this
regulation only, a pond shall be defined as
a water body having a suface area of 10,000
square feet or greater.
A2. Pond surface areas shall be measured during
the months of February through April.
(B) All proposed leaching facilities located in
the "dome" areas shown on Map #2, HWH Report, March
1990, on file with the Board of Health shall be
exempt from the 300 foot horizontal setback
requirement but shall maintain a 100 foot setback
from any down gradient private wells, ponds,
Nantucket Harbor, Madaket Harbor, and open tidal
waterways tributary to Madaket and Nantucket Harbors
as determined by a professional engineer or land
surveyor.
SEPTIC SYSTEM ACCESS
(A) Access and inspection holes for septic tanks
and leach pits must be provided and brought up to
grade or at grade for new construction.
(B) Access and inspection hole covers must be a
minimum diameter of eighteen (18) inches and
be of medium or heavier weight for the cast iron
ring and cover.
RELIEF PROCEDURE FOR PRE-EXISTING LOTS
(A) Whenever a person has submitted a subdivision,
or preliminary subdivision plan followed within 7
months by a definitive plan, or a plan referred to
in MGL C. 41, s. 81P, as the case may be, the land
shown on such plan shall be governed by the
provisions of the state environmental code and
board of health regulations, if any, which differ
from the codes which are in effect at the time of
first submission of the plan. Such provisions
shall apply while the plan is processed until
rejected, or if approved, until 3 years from the
date of filing pursuant to MGL C. 111 s. 127P.
(B) Any lot referred to in a deed or shown on a
plan duly recorded at the Nantucket Registry of
Deeds or filed in Land Registration Office before
the effective date of this regulation, August 31,
1990, shall comply with section 64.03 (A) and 64.04
of this regulation to the maximum extent possible,
meaning that leaching facilities shall be located
as close to the regulation distance requirements as
lot size and contours permit. As a minimum
requirement, no proposed leaching facility shall be
located within coastal dunes, barrier beaches,
coastal banks or V Zones shown on the "FEMA maps"
pursuant to Section 64.03 (B), (C) and (D) of this
regulation and shall comply with current State
Santitary Code, Title V of the Environmental Code
and other local regulations in effect prior to
August 31, 1990.
In the event that a pre-existing lot cannot comply
with the 300 foot horizontal set back requirement
set forth in section 64.04(A) and/or the six (6)
foot separation requirement set forth in section
64.03(A) of these regulations, then, in that event,
the Board of Health, or its agent, shall grant to
said lot an exemption from the said requirements
upon the following conditions:
(B) (1) The applicant shall submit to the Agent of
the Board of Health a design plan stamped by a
Professional Engineer showing the location of the
proposed leaching facility on said lot, the
locations of all wells, leaching facilities and
waterbodies within 400 feet of said facility, or as
far from the locus as deemed necessary to determine
that compliance with this section cannot be met,
and the ground water gradient and direction of flow
for said lot (as determined by MAP #2, HWH Report,
March 1990, on file with the Board of Health).
(B) (2) For pre-existing, vacant lots held in
contiguous ownership prior to the effective date
of this regulation, August 31, 1990, the applicant
shall also file a stamped plan with such design and
location information showing maximum compliance
with the 300 foot down gradient set back
requirement and/or six (6) foot vertical separation
from groundwater requirement for contiguous lots
abutting the sUbject lot.
(B) (3) Failed leaching facilities on an improved
lot shall, if necessary, be relocated on said lot
at the time said facilities are replaced to the
maximum set back distance attainable up to
300 feet and/or maximum vertical separation
distance attainable up to six (6) feet.
(B) (4) Adjustments of pre-existing lot lines shall
not subject said lot to compliance with the 300
foot set back requirement on the condition that
such adjustments do not create an additional
"buildable" lot and the distance between the
leaching facility on said lot and water body
is not diminished.
(B) (5) In addition to these requirements, sewage
disposal systems constructed within the 100-year
flood plain as shown on the current FEMA Map
shall be subject to the engineering design
requirements for "mounded II systems as set forth
in Section 64.03 (A) of this regulation.
64.07
Special Variance
The Board of Health may issue variances in
accordance with Section 67.00 et seq. No variance
shall be granted for a new sewage disposal system,
nor for an enlargement to an existing system which
increases capacity to accomodate additional flows,
except after the applicant has notified all
abutters by certified mail at his own expense at
least 10 days before the Board of Health meeting at
which time the variance request will be on the
agenda. The notification shall state the specific
variance sought and the reasons therefore. A
variance may be issued for the repair of an
existing sewage disposal system wi thout the
requirement of notification of all abutters by the
applicant.
,~C\T~~~F HEALTH ,
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B,er~ar~. D. GroF":n,. c~aima~
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Nancy J. ~ ns
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Carl )3-\>rchert
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w~ne . . Viera_
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Diane Coombs \
Auqust 29. 1990
Date Signed
Auqust 30, 1990
Date Published
65.00
65.01
65.02
DISPOSAL OF SEWAGE OF OVER 2.000 GPD
Preamble
Although Title V of the State Environmental Code
(310 CMR 15.00) regulates the installation and
impacts of the disposal/septic systems, consultants
have advised that the Code 15 are often inadequate
to regulate septic systems with higher than normal
flows associated with a single family three (3)
bedroom house (330 gallons/day). While a flow of
15,000 gpd or greater triggers a number of
additional regulations and the Department of
Environmental Engineering's review, the regulations
dictate that a 14,000 gpd flow be treated the same
as a 1,000 gpd flow.
(A) Purpose
These regulations are intended to protect the
pUblic health and general welfare by regulating the
construction and operation of subsurface systems
for disposal of sewage of more than 2,000 gallons
per day in a manner which will protect the quality
of the groundwater used for drinking water purposes
from contamination which may result from
concentrated sewage disposal.
(B) Authority
These regulations are adopted by the Town of
Nantucket Board of Health, as authorized by
Massachusetts General Laws, Chapter 111, section
31.
APPLICABILITY
(A) This regulation 65.00 et seq. requires the
preparation of reports and plans for (1) all
subsurface disposal systems with a design sewage
flow of 2,000 gallons per day or greater, or (2) a
series of septic systems with aggregate flows of
2000 GPD or greater serving the same lot, and
provides for further regulation of such systems
(hereinafter "large systems").
PROCEDURE
(A) To receive a permit for construction of a
system as described in 65.01 (A), the Applicant
must satiSfy all the requirements set forth in
64.00 et seq. and the further requirements of
65.02, 65.03, 65.05 and 65.06.
(B) The applicant(s) must demonstrate by a written
report prepared as provided in section 65.03(A) and
certified by the preparer to the satisfaction of
the Agent of the Board that drinking water
65.03
65.04
standards (including 5 mg/1 nitrogen) will be met
at the downgradient property limit. The other
contents and description of such report is set
forth in section 65.03. Further description and
requirements regarding periodic water quality
requirements and testing are set out in 65.07 and
65.08.
(C) Minimum 300 foot buffer zone will be
maintained to downgradient private wells and/or
surface waters for viral attenuation.
WRITTEN REPORTS
(A) The written report shall be prepared by a duly
registered sani tarian or registered engineer in
each case registered in the Commonwealth of Mass.
acceptable to the Board of Health and based upon
the following scope of work:
Geologic borings.
Water table map (one-foot contour interval) showing
ground-water flow directions
Projections of downgradient concentrations of
nitrogen (or other contaminants as requested by the
Agent of the Board of Health).
Projections of downgradient water quality will be
determined utilizing two-dimensional solute
transport models and input variables approved by
the Agent of the Board of Health.
Currently acceptable models include:
1. USGS Konikow and Bredehoeft (1978)
2. Random Walk, Prickett (1981).
Currently acceptable input variables include:
1. Transmissivity to be determined by on-site
slug or pump test.
2. Aquifer thickness to be determined by on-
site boring (location of confining layers
and estimated plume thickness).
3. Dispersivity = 40 feet longitudinal/30
feet transverse.
4. Hydraulic gradient as determined by site-
specific water table map.
5. No retardation factor.
6. Sewage flows as determined by Title V
design flows as amended from time to time.
EFFECTIVE STATUS
(A) Upon the general effective date of these
regulations in section 67.08, sections 65.07 and
65.08 shall apply only with regard to sampling for
65.05
65.06
65.07
65.08
65.09
large systems in existence and in use prior to the
effective date of this regulation, except with
respect to systems in existence or in use on lots
exempted from application of this regulation by the
General Laws, if any, to the extent of such
exemption (see section 65.10).
WELL PLACEMENT
(A) Applicants who receive permits under this
regulation shall install a minimum of three
downgradient and one upgradient groundwater
monitoring multi-level wells placed on the
property. Ground water flow direction will be
determined from the HWH (1990) Water Table Map and
from site-specific observation wells when deemed
necessary by the Agent of the Board of Health.
WELL CONSTRUCTION
(A) Wells will be constructed of two-inch threaded
flush joint PVC with locking caps.
GROUND WATER SAMPLING
(A) The applicant shall be responsible to obtain
and demonstrate ground water samples obtained on a
quarterly basis using standard sampling procedures
for the first three years of operation. The
frequency of sampling will then be re-evaluated by
the Agent of the Board of Health and shall meet
Massachusetts Class I groundwater standards at the
downgradient property boundary. The results of
such sampling shall be included in a report filed
with the Agent of the Board.
TESTING PARAMETERS
(A) The applicant shall be responsible to arrange
for water samples to be tested by a state-certified
laboratory quarterly for nitrate-nitrogen, amonia-
nitrogen, Kiedahl nitrogen, total phosphorus,
cholrides, specific conductance and annually for
volatile organic compounds (EPA Analytical
Procedure 624) for the first three years of
operation, with the results of such testing to be
compiled in writing and filed with the Agent of the
Board.
(B) Water quality shall meet the same standard as
required in regulation 65.07 (A) or any subsequent
regulation succeeding the same.
VIOLATION OF WATER QUALITY STANDARDS
(A) In the event that water quality standards as
described in 65.07 are violated the following
actions are required to be undertaken by the
property owner(s) or operators as defined in 63.01
65.10
of these regulations:
1. Report results to the Agent of the Board
of Health within 48 hours.
2. Resample wells and retest within 5 days.
3. Notify downgradient property owners
within 48 hours.
4. Decrease wastewater flows or increase
level of treatment within 45 days.
5. Initiate remedial clean-up actions as
deemed necessary by the Agent of the Board of
Health.
EXEMPTION
(A) Whenever a person has submitted a subdivision,
or preliminary subdivision plan followed within 7
months by a definitive plan, or a plan referred to
in MGL Ch 41, sec. 81P, as the case may be, the
land shown on such plan shall be governed by the
provisions of the state environmental code and
board of health regulations, if any, which differ
from the codes which are in effect at the time of
first submission of the plan is processed until
rejected, or if approved, until 3 years from the
date of filing pursuant to MGL Ch 111 sec. 127P.
~U~T BOARD OF HEALTH
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Carl Borchert
Auqust 29. 1990
Date Signed
Auqust 30. 1990
Date Published
66.00
66.01
66.02
UPGRADING OF SUBSTANDARD ON-SITE SEPTIC SYSTEMS
(A) Purpose
These regulations are intended to protect the
public health and general welfare by ensuring the
upgrading of sustandard sewage disposal systems in
a manner which will protect the quality of the
groundwater on the Island of Nantucket.
(B) Authority
These regulations are adopted by the Town of
Nantucket Board of Health, as authorized by
Massachusetts General Laws, Chapter 111,
section 31.
COMPLIANCE REQUIREMENTS
(A) Systems of domestic sewage disposal which do
not presently comply with the minimum standards
specified by the State and local regulations shall
be brought in compliance when:
(A) (1) An application for a building permit for
which expansion of the existing sewage disposal
system is required is filed with the proper
departments. Said system shall comply with the
maximum separation and/or set back distance
attainable up to 300' feet without the use of a
lift pump.
(A) (2) Any property transfer, not exempt,
takes place. Exempt property transfers are defined
in section 66.03(B).
COMPLIANCE STANDARDS
(A) All subject systems shall comply with the
minimum standards of the State Sanitary Code, Title
V of the State Environmental Code and with current
local regulations to the maximum extent possible,
meaning that septic systems shall be located as
close to the horizontal separation distance
requirements as lot contours and size permit unless
the attainable increase in required horizontal
separation distance is 20 feet or less. Systems
which cannot meet the Title V standards will
require a variance (sec. 67.06).
(B) Prior to selling, conveying or transferring
title to real property in Nantucket which
contains an existing sewage disposal system, the
owner thereof shall have had an inspection of
said system by a Registered Professional Engineer
or Sanitarian approved by the Agent of the Board of
66.03
Health indicating that said system is functioning,
non-functioning or in failed condition.
(C) The inspection by the Engineer or sanitarian
shall take place not more than 180 days nor less
than 30 days prior to the transfer of property.
The Agent of the Board of Health must receive the
signed official inspection form and/or certificate
of Compliance within seven (7) days of the
inspection.
EXEMPTIONS
(A) The systems described in the following
paragraphs shall be exempt from this upgrade
regulation to the extent therein provided.
1. Any system complying with Title V of the
State Sanitary Code as evidenced by an "As-Built"
Plan and Septic Permit on file with the Nantucket
Board of Health which Permit is dated less than
five (5) years from the date of transfer shall be
exempt from this compliance standard and no
inspection of the system shall be required.
2. Any system complying with Title V of the
State Sanitary Code as evidenced by an
liAs-Built" Plan and septic Permit on file with
the Nantucket Board of Health which is dated more
than five (5) years before the date of transfer
but after January l, 1982, shall be exempt from
this compliance standard on the condition that a
Professional Engineer or Sanitarian certifies to
the Board of Health that said system is
functioning.
3. Any system installed prior to January I,
1982, shall be exempt from this compliance
standard on the condition that a Professional
Engineer files an "As-Built" Plan for the system
with the Nantucket Board of Health and a
Professional Engineer or Sanitarian certifies to
the Agent of the Board of Health that the system is
functioning.
(B) Any transfer of real estate which qualifies
for a (b) through (I) exemption, inclusive, from
the Nantucket Island Land Bank fee imposed by
Chapter 669 of the Acts of 1983 of
the Commonwealth of Massachusetts, as amended, as
more specifically set forth in section 12 of such.
Act, as amended shall also be exempt from these
upgrade upon transfer compliance requirements unless
said transfer is to a third party for fair-market,
monetary consideration.
(C) Whenever a person has submitted a subdivision,
or preliminary subdivision plan followed within 7
months by a definitive plan, or a plan referred to
in MGL Ch. 41, sec. 81P, as the case may be, the
land shown on such plan shall be governed by the
provisions of the state environmental code and
board of health regulations, if any, which differ
from the health codes which are in effect at the
time of first submission of the plan. Such
provisions shall apply while the plan is processed
until rejected, or if approved, until 3 years from
the date of filing pursuant to MGL Ch. 111, sec.
127P.
(D) Notwithstanding the general effective date of
these regulations in section 67.08, the effective
date of this upgrade upon transfer requirement
(section 66.01 (A) (2) et seq.) shall be February I,
1991.
~.~~-
Auqust 29. 1990
Date Signed
Auqust 30. 1990
Date Published
67.00
67.01
67.02
MISCELLANEOUS PROVISIONS
The regulations in this section 67.00 et seq. are
generally applicable to all Board of Health
regulations set forth in sections 62.00 to 66.00 et
seq. and any other present or future regulations
that the Board of Health by resolution may
designate (the regulations).
ENFORCEMENT
The Health Agent shall investigate violations of
these regulations and 62.00 through 66.00 et seq.
and may take such actions as the Agent deems
necessary for the protection of the public health
and the enforcement of these regulations.
If an investigation reveals a violation of these
regulations, the Health Agent shall order the owner
to comply with the violated provision(s).
These orders shall be in writing and served in the
following manner: (a) personally, by any person
authorized to serve civil process, or; (b) by any
person authorized to serve civil process by leaving
a copy of the order at the owner's/operator's last
and usual place of abode, or; (c) by sending the
owner/operator a copy of the order by registered or
certified mail, return receipt requested, if the
owner/operator is within the Commonwealth, or; (d)
if the owner's/operator's last and usual place of
abode is unknown or ours ide the Commonwealth, by
posting a copy of the order in a conspicuous place
on or about the premises and by advertising it for
at least three out of five consecutive days in one
or more newpapers of general circulation on
Nantucket.
HEARING - ADMINISTRATIVE APPEAL OF HEALTH AGENT'S
ORDERS
The owner/operator to whom any .order has been
served may request a hearing before the Board of
Health by filing with the Board within 7 days after
the day the order was served, a written petition
requesting a hearing on the matter. Upon receipt
of such petition, the Board shall set a time and
place for such hearing and shall inform the
owner/operator thereof in writing. The hearing
shall be commenced not later than 30 days after the
day on which the order was served. The Board, upon
application of the owner/operator, may postpone the
date of hearing for a reasonable time beyond such
30-day period if in the judgement of the Board the
owner/operator has submitted a good and sufficient
reason for such postponement. At the hearing the
owner/operator shall be given an opportunity to be
67.03
67.04
67.05
67.06
heard and to show why the order should be modified
or withdrawn. After the hearing, the Board shall
sustain, modify, or withdraw the order and shall
inform the well owner in writing of its decision.
If the Board sustains or modifies the order, it
shall be carried out within the time period
allotted in the original order or in the
modification.
HEARING
Every notice, order, or other record prepared by
the Board in connection with the hearing shall be
entered as a matter of public record in the office
Nantucket Board of Health.
If a written petition for a hearing is not filed
with the Board within 7 days after the day an order
has been served or if after a hearing, the order
has been sustained in any part, each day's failure
to comply with the order as issued or modified
shall constitute an additional offense.
APPEAL
Any person aggrieved by a decision of the Health
Agent may seek relief therefrom within 30 days by
appeal to the Board, which shall after hearing,
issue a final decision. Any person aggrieved by
the final decision of the Board may seek relief
therefrom within thirty (30) days in any court of
competent jurisdiction, as provided by the laws of
this Commonwealth.
PENALTIES
Any person who violates any provision of these
regulations, or who fails to comply with any order
by the Board, for which a penalty is not provided
in M.G.L. Ch. 111 section 31 or otherwise provided
in any of the General Laws shall upon conviction be
fined not less than ten nor more than five hundred
dollars. Each day's failure to comply with an
Order shall constitute a separate violation.
VARIANCES
The Board of Health may vary any provision of these
regulations with respect to any particular case,
when in its opinion, (1) the enforcement thereof
would do manifest injustice, and (2) the applicant
has proved that the same degree of protection can
be achieved without strict application of the
particular provision. All variances shall be
considered at a hearing by the Board of Health and
shall further comply with Board of Health
regulation 90.00 et seq.
67.07
67.08
67.09
SEVERABILITY
Each regulation shall be construed as separate to
the end that if any regulation or sentence, clause,
or phrase thereof shall be held invalid for any
reason, the remainder of that regulation and all
other regulations shall continue iri full force.
EFFECTIVE DATE
Regulations 62.00 et seq., 63.00 et seq. and 67.00
et seq. were adopted by vote of the Nantucket Board
of Health, at its regularly scheduled meeting held
on August 22, 1990 and are to be in full force and
effect on and after August 24, 1990. Regulations
64.00 et seq., 65.00 et seq. and 66.00 et seq. were
adopted by vote of the Nantucket Board of Health,
at its regularly scheduled meeting held on August
29, 1990 and are to be in full force and effect on
or after August 31, 1990. Before said date, these
regulations shall be published and a copy thereof
be placed on file in the Board of Health Offices.
These regulations or any portions thereof may be
amended, supplemented or repealed from time to time
by the Board, with notice as provided by law, on
its own motion or by petition.
DISCLAIMER
Issuance of a well, septic system or ther permit
under these regulations shall not be construed as a
guarantee by the Board or its agents that the water,
septic or disposal system will function
satisfactorily nor that the water supply or disposal
will be of sufficient quality or quantity for its
intended use.
11UCKl(T' BOARD OF HEALTH
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Carl Borchert
Auqust 29. 1990
Date Signed
Auqust 30. 1990
Date Published