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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. j'I.' v .- Submitted for review the ~(; day of August 1990. fl diU., j, li~,--- / 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 , : -8' w z _::i ~ o .... '" b o '" __ -6' ~ WELL -5' LINEAR WATER TABLE -T pRIV ATE WELL PROTEcrION ZONES .... 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 $200.00 per day of violation, after notice thereof under section 63.07 (B). 63.09 APPEAL Any action by the Agent shall be appealable to the Board of Health in accordance with Section 67.04. (~CKV BOARD @f_HEALTH -l J-...\ ~ / Z.L-v-.---~~ Bernard D. Gr~~n Nancy J. ens t1d1$~ Carl Borchert " f ~ , / ').. ',) re' ~-c____ ....../ '- /" - ,/1 '(' '1 .-- wayn~\. ' Viera ~ \._.J, r. ~~0.~ ~ OW, 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 : "'\1-----" . J . w~~ec~;~ 0 " r 3--/'--- -... ~~oi~) ~~i~ _C(N~ \/ .~t.~ Naal'~ 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 J \ ) I 7~~____ ~~~d D. Gr.~ Nancy J~~ens · I r\ / ~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 nJT) /~~~ B~rnard D. GrossmF,-.Chairman b\(t N( f ~1 '0){" l n,,~ ancy J. Se , r . / \ .r--" J 'v'-____ v , ~'~)\ ~yn 'era v \ \ ",\ "'-:- -. ~\ i< ,/).__ (! ,~j)C&>"j/ ) \. Qj (_,,^-J./. Diane Coombs /', f1 1 AI D:t vL I< }('-<.-[. (1..-4 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 , ) ,~\~ I) I 7~"'''V2'''V~;;\ B,er~ar~. D. GroF":n,. c~aima~ C \ L' ~;\.A AL/ Nancy J. ~ ns &1/3 //1 . 1,1, / C{/'--t/1 L..q/l' Carl )3-\>rchert I /\ 1 . (J ' >> ~ ~~y<> ~... w~ne . . Viera_ \ ,Jt- \'.. (--. / ( \" . , '. '\,. <' . ' ~", . ~ . .5l,(\ }., " ',--W'I\A // ." 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 I .i:c--)~1?T1--;l-'?/r--7>--' B~rn~r~ D. ,Grosse;: Chai~a~ I \) ( L '- --- e ' '\.' J k NanCy J. e s ~ ) \ ~ i / I /1 " (~\... _---- ~~ v,~ Wayne (\Ji.era ' "r. (\(2(1 l '''"' \((-\,{ 0J -', ~ Q;Z]\-^,-/j) lane Coombs /~ 1/;3 / L U(/L.-~ : (~f-/{L.(,.t.. T 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 ,/ l' \ ~7 '. . \, ,1 /'1 - ~.J I ' .....,.......<-'....../p--) ~rnard D. G~o'sman, Chairman i"-. ,~'~_____ (-~,~y ,__v'i~:a r; . \ ,\ \ (.' \ ( V')' .' -< \ (f'. '-'" ((' -',_ ~~\._..I' _>--' "") '- ",'i.....) \ \/'-.l.... \ 'j \~ne Coom s r~ N(C~( ( ,\~? <- ~ '~(\;.1 Nancy J. S v ens 6~l D t<1-'r.vi<-~ f Carl Borchert Auqust 29. 1990 Date Signed Auqust 30. 1990 Date Published