[1]
Editor's Note: This article was previously amended 5-1-1980,4-4-1984,10-6-1987, 10-20-1987, 5-4-1988, 8-25-1998, 3-22-1989, 4-24-1989, 2-27-2007, 6-9-2015 and 12-11-2018.
As used in this article, the following terms shall be defined
and interpreted as follows:
Any real property (including any abutting real property),
and any buildings thereon, which is served, is proposed to be served,
or could in the future be served by a system or systems, where:
A sewer line that is under pressure from a pump rather than
being supplied by gravity.
Subsurface disposal systems with design flows which are greater
than 2,000 gallons per day. Included in this category are systems
which have design flows greater than 10,000 gallons per day and require
a permit of the Board of Health in addition to DEP approval.
The Board of Health or its authorized agent or an agent of
a health district constituted pursuant to MGL c. 111, § 27
acting on behalf of the applicable Board of Health.
A pipe, exceeding 100 feet in length, which connects components
of a septic system.
A system or series of systems for the treatment and disposal
of sanitary sewage below the ground surface on a facility.
The standard components of a system are: a building sewer; a
septic tank to retain solids and scum; a distribution system; a soil
absorption system containing effluent distribution lines to distribute
and treat septic tank effluent prior to discharge to appropriate subsurface
soils; and a reserve area.
These terms also include tight tanks, shared systems and alternative
systems. Unless the text of 310 CMR 15.000 indicates otherwise, these
terms also include nonconforming systems.
A person who, alone or together with other persons, has legal
title to any facility served by a system or control of the facility,
including but not limited to any agent, executor, administrator, trustee,
lessee, or guardian of the estate for the holder of legal title.
Systems which serve more than four separate structures (buildings)
or carry wastewater flows of more than 2,000 gallons per day.
Six months or less during the calendar year.
A system of trenches, galleries, chambers, pits, field(s),
or bed(s), together with effluent distribution lines and aggregate
which receives effluent from a septic tank or treatment system.
A watertight vessel having an inlet to receive raw sewage
but no outlet and which is designed and used to collect and store
sewage until it is removed for disposal.
The Massachusetts Department of Environmental Protection's
regulation to provide for the protection of public health, safety,
welfare and the environment by requiring the proper siting, construction,
upgrade and maintenance of on-site sewage treatment and disposal systems
and the appropriate means for the transport and disposal of septage.
These regulations are supplemental to 310 CMR 15.000: The State
Environmental Code, Title 5: Standard Requirements for the Siting,
Construction, Inspection, Upgrade and Expansion of On-Site Sewage
Treatment and Disposal Systems and for the Transport and Disposal
of Septage. This article is adopted by the authority of MGL c. 111,
§ 31. These regulations supersede all previous regulations
adopted by the Board of Health.
A.Â
A sewage disposal system shall not be installed within 100 feet of
any watercourse (streams, brooks, rivers, ponds).
B.Â
A sewage disposal system shall not be installed within 100 feet of
any wetlands as defined by Massachusetts General Laws.
C.Â
A sewage disposal system shall not be installed within the minimum lateral/circumferential distances established in Article II in the Board of Health Regulations, Code of the Town of Harvard.
D.Â
All sewage disposal systems shall be designed for a full twelve-month-a-year
use. No installation for seasonal or part-time use shall be considered
on any reduced basis.
E.Â
Percolation tests may not be performed if the level of test is in
frozen ground, and lot inspections may not be done when ground is
obscured by snow.
F.Â
All sites to be considered suitable for sewage disposal must have
at least four passing percolation tests, two passing percolation tests
in the primary area and two passing percolation tests in the reserve
area.
G.Â
Percolation rates over 30 minutes per inch shall require leaching
trenches for conventional subsurface disposal systems.
H.Â
All sites to be considered suitable for sewage disposal must have
at least two soil evaluation holes in each proposed leach area.
I.Â
A leaching area shall not be located closer than 25 feet to a failing
percolation test (i.e., a rate greater than 60 minutes per inch) unless
a passing percolation rate has been determined between the leaching
area and the failing percolation test.
J.Â
There must be a minimum offset distance of 10 feet between the primary
area and the reserve area.
K.Â
All sites to be considered suitable for subsurface sewage disposal
must meet a twenty-five-foot ledge offset from the perimeter of the
proposed leaching areas. In areas of known or suspected shallow depth
to bedrock, deep observation holes are required to assure four feet
of natural soil material below top and subsoil within 25 feet of the
proposed leaching systems.
Pursuant to Chapter III, Section 122 of the Laws Pertaining
to Public Health, Commonwealth of Massachusetts, all test holes and
percolation tests excavated for observation by the Board of Health
or its agent will be required to be completely backfilled upon completion
of the test.
The following requirements shall apply to gravity flow and pressure-pumped
collection systems:
A.Â
Private wastewater collection systems shall be designed and construction
in accordance with the standards found in "Guides for the Design of
Wastewater Treatment Works," Publication TR-16, New England Interstate
Water Pollution Control Commission, 1980 (NEIWPCC, 85 Merrimac Street,
Boston, Massachusetts, 02114).
The following regulations apply to all larger on-site subsurface
disposal systems:
A.Â
The minimum vertical distance from the bottom of the leaching area
to bedrock (or refusal) shall be five feet for systems with design
flows of 2,000 gallons per day plus an added increment of 0.5 foot
for every additional 1,000 gallons or fraction thereof. In addition,
systems which have design flows greater than 10,000 gallons per day
shall require an engineering report which describes existing groundwater
quality and high groundwater elevations before construction and calculates
estimated mounding due to the effluent discharge, capacity of aquifer
to accept effluent and movement of the effluent plume.
B.Â
Additional deep hole testing will be required for systems in this
category. This will be required by the Board of Health or its Agent.
While such a requirement is generally site-specific, one additional
deep hole for every additional 2,000 gallons per day of capacity or
fraction thereof should be the expected minimum. For systems which
have design flows greater than 10,000 gallons per day, soil test borings
and groundwater level monitoring wells are also required as part of
the field-testing program.
C.Â
To ensure adequate field testing, it is required that the Board of
Health Agent be notified at the time of field-testing application
and submission of the desired system capacity for all subsurface disposal
systems with an intended capacity greater than 2,000 gallons per day.
D.Â
Industrial wastewater systems will be separated from sanitary flows
and may be permitted or denied on a case-specific basis by the Board.
A public rest room, consisting of a toilet and washbasin, connected
to a potable water supply and an approved sewage disposal system,
shall be provided for any food service establishment with seating.
Temporary sanitary facilities are required on work sites which
require a building permit or Board of Health permit and approved sanitary
facilities are not preexisting. These temporary sanitary facilities
shall remain on the site from the first day of operation until a certificate
of compliance is issued by the Board of Health.
A.Â
Purpose. This section is intended to clarify the responsibilities
of landowners whose properties contain long sewer lines and to ensure
that maintenance responsibilities are identified when ownership changes.
Systems that are located some distance from homes, such as those exceeding
the 100-foot regulatory limit, may be subject to erosion or clogging
of leaching fields and sewer lines by root infiltration from vegetation,
resulting in premature system failure. Because these systems may not
be readily visible from the residence, a failure could go undetected,
rendering the on-site disposal systems ineffective, degrading water
quality and increasing risks to public health and the environment.
B.Â
General requirements:
(1)Â
The landowner is responsible for recording a deed notice with the
Registry of Deeds if the approved septic system contains a long sewer
line.
(2)Â
Documentation of the recording must be provided to the Board of Health
within 30 days of the recording or prior to occupancy, whichever comes
first.
(3)Â
The format of the deed notice shall be approved by the Board of Health.
C.Â
Maintenance responsibilities:
(1)Â
Conduct an annual inspection of the septic system and report to the
Board of Health in the month of October. (This may be performed by
the landowner.)
(2)Â
Maintain proper vegetation so as to reduce the likelihood of erosion.
(3)Â
Prevent the growth of vegetation that could infiltrate the system
components and effectively disable the proper functioning of the system.
A.Â
The design, installation, operation and maintenance of tight tanks
will be in compliance with Title 5.
B.Â
The facility is required to have a valid operation and maintenance
contract with a licensed septage hauling company for the duration
of the use of the tight tank. If the contract is terminated for any
reason by either party, both parties are to notify the Harvard Board
of Health within seven days.
C.Â
Any operation and maintenance contract for the tight tank shall include
and attest to the following:
(1)Â
Name of the owner(s) and the licensed contractor.
(2)Â
Length and dates of the contract period; minimum of two years
preferable.
(3)Â
Location for the disposal of the septage.
(4)Â
Anticipated pumping frequency, which shall be no less than every
three months for a year-round residence and no less than twice a year
or at a frequency determined in discussion with the Board of Health
for a seasonal-use residence.
D.Â
The homeowner is responsible for submitting an annual pumping and
observation report concerning operation and maintenance of the tank
to the Harvard Board of Health in the month of March covering the
previous calendar year.
A.Â
Any person who violates any provision of these regulations or who
fails to comply with any order issued hereunder by the Board of Health
or its Agent may be fined up to $300 per day. Each day that a violation
exists and each day's failure to comply with an order shall constitute
a separate offense. Violations of this regulation may be enforced
by the noncriminal method of disposition as provided in MGL. c. 40,
§ 21D and if enabled pursuant to the Town's regulations.
B.Â
Failure to pay fines could result in suspension and/or denial of
permits from the Board of Health.
Any person aggrieved by the final decision of the Board may
seek relief therefrom within 30 days in any court of competent jurisdiction,
as provided by the laws of this commonwealth.
Amendments approved May 9, 2023, shall be effective beginning
June 1, 2023.
