[Adopted 4-15-1999, effective 4-23-1999; amended in its entirety 10-10-2002, effective 1-1-2003]
Under the authority of M.G.L., CH. 111, Sec. 31 and CH. 21,
Sec 16, to protect the public health of the inhabitants and the environmental
quality of the town of Orleans, the Orleans Board of Health voted
to adopt the following regulation at its meeting held on April 15,
1999 (Amended version adopted September 20, 2001 & October 10,
2002).
As used in this article, the following terms shall have the
meanings indicated:
A well that has not been used for water supply for a period
of one year or more, unless the owner declares his intention to use
the well again for supplying water within one year.
An area of land which has been designated by the Board of
Health to have groundwater which has been degraded or may become degraded
to a point where it is unfit for human consumption or other uses.
The Orleans Board of Health or its agent.
A refrigeration system which can heat or cool a dwelling
which operates by exchanging heat with the groundwater. The groundwater
can be supplied by either a closed loop system or an open loop system
consisting of a supply and a discharge well.
A well used for groundwater monitoring purposes which is
left in the ground for over 48 hours.
Well water which will be used for purposes other than for
human consumption and bathing.
Adverse effect on water quality created by the introduction
of any potentially harmful matter.
Water which is free from impurities that may cause disease
or harmful physiological effects and is safe for human consumption
and bathing.
Minimum standards of water quality set for the protection
of public health.
Minimum standards of water quality established for constituents
of water which may adversely affect the aesthetic quality of drinking
water through taste, odor, color and appearance of drinking water.
Any hole or shaft constructed into the ground for the purpose
of injecting or extracting water and other fluids, or to monitor groundwater
levels and water quality. Not included are wells used on a temporary
basis for the purpose of dewatering excavations, stabilizing hillsides
or earth embankments, sampling soil vapors, or sampling groundwater
if the installation tool is left in the ground less than 48 hours.
Any individual, corporation, company, association, trust,
or partnership that drills, alters, or decommissions a well for a
fee or advertises for hire to provide such services.
A)
Registration of Wells
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The owners of any property in the Town of Orleans on which there
is a potable water well or non-potable water well, must register the
well with the Board of Health. The registration of the well must include
the property location including the street address, map and parcel
number, age of well, location of well on the property, and whether
the well is a potable or non-potable water well.
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B)
Registration of Well Drillers
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All well drillers doing business in the Town of Orleans, shall
annually file with the Board of Health a copy of their current well
driller registration issued by the Commonwealth of Massachusetts Regulations
313 CMR 3.00.
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C)
D)
Well Construction
(1)
The top of a well shall be above ground which is higher than
any surface sources of contamination and above any known conditions
of flooding by drainage or runoff from the surrounding land, unless
located in a flood-proofed well house or fitted with a sanitary seal.
(2)
Wells must be constructed so as to maintain existing natural
protection against all known or potential pollution of the groundwater
and to exclude all known sources of pollution from entering the well.
(3)
All non-yielding holes which are installed in the process of
constructing a well, must be filled so as to not act as a conduit
to the groundwater.
(4)
A metal tag shall be affixed to the top of the well casing at
the time of installation so that the well may later be located, if
necessary, by a metal detector.
(5)
In areas where salt water or other pollutant intrusion is known
or likely to occur, the Board of Health, working with the applicants
design engineer, may specify the well screen level, pumping rate,
water storage capacity, or any other construction parameter which
must be used to ensure that water of adequate quality is obtained.
E)
Well Destruction
(1)
Prior to destruction of any well, the well driller must obtain
a well destruction permit from the Board of Health.
(2)
The fee for this permit shall be set by the Board of Health.
(3)
Any abandoned well shall be filled and sealed with clean puddled
clay, neat cement grout, bentonite or concrete grout in such a manner
as to prevent it from acting as a channel for pollution to the groundwater.
A)
Well Construction Permit
(1)
No well shall be installed, altered, or repaired, until a Well
Construction Permit has been obtained from the Board of Health. A
permit so granted shall expire six (6) months from the date of issue,
unless construction has begun.
(2)
The fee for this permit shall be set by the Board of Health.
(3)
An application for a Well Construction permit shall be submitted
by the drilling contractor, or his agent, to the Board of Health on
forms furnished by the Board of Health. The well driller is responsible
for obtaining said permit prior to construction.
(4)
The Board of Health must approve the location and design of
the well, prior to issuance of a Well Construction permit. Prior to
approval, the Board of Health, requires the following information
be submitted:
(a)
The assessor's map, parcel and lot number of the property on
which the well will be located.
(b)
A site plan prepared by the owner or his agent showing the proposed
location of the well in relation to building foundations, property
lines, building sewer lines, subsurface drainage systems, subsurface
sewage disposal systems serving the lot and all other lots within100',
and any other known source of contamination within 100' which could
affect the well.
(5)
Permit conditions -- All permits issued shall be subject to
the conditions that all facilities shown shall be constructed in the
location approved by the Board of Health. All permits issued shall
be subject to the requirements of these regulations and to such further
conditions as the Board of Health shall prescribe.
(6)
Cross Connections -- Cross connections between public and private
water supplies are prohibited.
B)
Well Location
(1)
In general, wells intended for non-potable purposes shall be
located as far as possible from potential sources of contamination.
The following minimum distances are required:
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Property Line
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10 feet
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Roadway
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10 feet from edge of road
layout (not edge of pavement)
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Leaching catch basin/drywell
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25 feet, but recommend that
this distance be maximized
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Utility rights-of way for high voltage transmission lines
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50 feet, but recommend that
this distance be maximized
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*Septic tank
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10 feet
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**Septic leaching facility
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25 feet
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Septic distribution box
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10 feet
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Building sewer
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10 feet
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Subsurface drains
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25 feet, but recommend that
this distance be maximized, as pollutants frequently travel along
the outside of subsurface drainpipes.
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*Inlet and discharge wells used solely to serve open loop heat
pumps shall be located not less than 10' from a septic tank
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**Inlet and discharge wells used solely to serve open loop heat
pumps shall be located not less than 50' from a septic leaching facility
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(2)
Where, in the opinion of the Board of Health, adverse conditions
exist, the above distances may be increased. In certain cases, the
Board of Health may require the owner to provide additional means
of protection. Where possible, the well shall be located up the groundwater
gradient from sources of contamination.
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Prior to approval of the well, the owner, or his agent, shall
take a water sample(s) from the well and submit it to a state certified
testing laboratory for analysis, with the cost to be borne by the
owner. The results of all analyses shall be submitted to the Board
of Health. At a minimum, water must be tested for Total Coliform
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Primary Standard
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Total Coliform
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0 colonies/100 ml. by membrane filtration
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In locations where potential sources of contamination are believed
to exist, additional water testing and special standards may be required
by the Board of Health to ascertain that the well water is safe for
the use intended.
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C)
Well Approval
(1)
A non potable well shall not be placed into use until the Board
of Health issues a Certificate of Approval for the well to the owner
of the property which the well serves
(2)
The registered well driller shall submit a copy of the Well
Completion Report, as required by 313 CMR 3.00 Registration of Drillers
And Filing of Well Completion Reports, to the Orleans Board of Health
within 30 days of well completion.
A.
Well Construction Permit
(1)
No well shall be installed, altered, or repaired until a well construction
permit has been obtained from the Board of Health. A permit so granted
shall expire six (6) months from the date of issue, unless construction
has begun.
(2)
The Board of Health shall set the fee for this permit.
(3)
An application for a well construction permit shall be submitted
by the drilling contractor, or his agent to the Board of Health on
forms furnished by the Board of Health. The well driller is responsible
for obtaining said permit prior to well construction.
(4)
The Board of Health must approve the location and design of the well
prior to issuance of a well construction permit. Prior to approval,
the Board of Health requires the following to be submitted:
(a)
The assessor's map number, parcel and lot number of the property
on which the well will be located.
(b)
Design and capacity of the water system, as described under
well yield and water system design.
(c)
A site plan, drawn by a registered professional civil engineer,
registered sanitarian, or registered land surveyor. Such plan must
show the proposed location of the well in relation to building foundations,
property lines, building sewer lines, the subsurface sanitary disposal
systems serving the property and other septic systems within 200 feet
and any other known sources of contamination within 200 feet which
could affect the well. Such sources of contamination shall include:
sanitary landfills, auto junk yards, municipal sewage treatment facilities
with on site disposal of primary or secondary effluent, car washes,
road salt stockpiles, dry cleaning establishments, boat and motor
vehicle service and repair, cabinet making, electronic circuit assembly,
metal plating, finishing, and polishing, right-of-ways, motor and
machinery service and assembly, commercial paint, wood preserving
and furniture stripping, sites where pesticides and herbicides are
regularly applied, including golf courses and cranberry bogs (but
not including pesticide application at single family dwellings), photographic
processing, printing, chemical and bacteriological laboratories, transportation
terminals, funeral homes, any principal use involving the sale, storage,
or transportation of fuel or oil, and any use which involves as an
activity the manufacture, storage, use, transportation or disposal
of toxic or hazardous materials. To meet this requirement, well location
shall be shown on the same plot plan submitted to the Board of Health
for approval of septic system installation.
(5)
For emergency repair, alteration, or replacement of an existing well,
the Board of Health may waive the requirements that a site plan be
submitted if a registered engineer, registered land surveyor or registered
sanitarian locates the well in the field, prior to the repair, alteration
or replacement of the well commencing. A plot plan, in compliance
with these regulations, must be submitted within 30 days upon completion
of the emergency repair, alteration or replacement. .
(6)
Permit conditions -- all permits issued shall be subject to the conditions
that all facilities shown shall be constructed in the location approved
by the Board of Health. All permits issued shall be subject to the
requirements of these regulations and to such further conditions as
the Board of Health shall prescribe.
(7)
Cross Connections -- Cross connections between public and private
water supplies are prohibited.
B.
Well Location
(1)
In general, well water intended for human consumption, shall be located
as far as possible from potential sources of contamination. The following
minimum distances are required:
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Property Line
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10 feet
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Roadway
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25 feet from edge of road
layout (not edge of pavement)
| |
|
Leaching catch basin/drywell
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25 feet, but recommend that
this distance be maximized
| |
|
Utility rights-of-way for high voltage transmission lines
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50 feet, but recommend that
this distance be maximized
| |
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Septic tank
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50 feet
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Septic leaching facility
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100 feet*
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Septic distribution box
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50 feet
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Building sewer
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10 feet
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Subsurface drains
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25 feet**
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*This distance should be increased to 150' whenever possible
to maximize the protection to the potable water source.
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**This distance should be maximized as pollutants frequently
travel along the outside of subsurface drainpipes.
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(2)
Where, in the opinion of the Board of Health adverse conditions exist,
the above distances may be increased. In certain cases, the Board
of Health may require the owner to provide additional means of protection.
Where possible, the well shall be located up the groundwater gradient
from sources of contamination.
C.
Water Quality
(1)
Prior to approval of the well, the owner or his agent, shall take
a water sample from the well and submit it to a state certified testing
laboratory for analysis, with the cost to be borne by the owner. The
results of all analyses shall be submitted to the Board of Health.
At a minimum, water must be tested for the following: total coliform,
nitrate-nitrogen, pH, conductivity, sodium and iron.
(2)
The Board of Health will determine potability of the well using as
guidelines the National Interim Primary and Secondary Drinking Water
Standards and the U.S. EPA Maximum Contaminant Levels (MCLs). The
water quality standards for common parameters are as follows:
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Primary Standards
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Total Coliform
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0 Colonies/100 ml. by membrane filtration
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Nitrate/Nitrogen
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10 ppm
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Secondary Standards
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pH
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Recommend pH above 5.0
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Sodium
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28 ppm
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Iron
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0.3 ppm
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(3)
In locations where potential sources of contamination are believed
to exist, or where geologic or hydrologic conditions require more
restrictive or additional standards than those outlined above, additional
water testing and special standards may be required by the Board of
Health to ascertain that water meets the Maximum Contaminant Levels
set for public water supplies by the U.S. EPA under the Safe Drinking
Water Act and 1986 SDWA amendments. Such testing may include EPA methods
601, 602, 502, 503, 624 and 625 analyses for purgeable halocarbons,
and purgeable aromatics, analyses for petroleum hydrocarbons or pesticides
or any other analysis the Board of Health deems necessary to ascertain
water quality.. The Board of Health may approve wells, which fail
to meet some or all of these standards.
(4)
When the Board of Health deems it necessary, the health agent or
other agent of the Board of Health, may be present to witness the
taking of a water sample and/or may take the water sample and deliver
it to the testing laboratory him/herself.
(5)
The Board of Health further recommends that all well owners have
their wells tested at a minimum of every two years and at more frequent
intervals when water quality problems are known to exist.
(6)
In cases where the well water does not meet the Primary Water Quality
Standards outlined above the Board of Health may require the property
owner to provide an alternative approved source of drinking water
for the inhabitants of the building served by the well.
D.
Well Yield and Water System Design
(1)
Before approval, every well shall be pump tested to determine yield.
The pump test shall include a draw down test at a minimum pumping
rate of 5 gallons per minute for one (1) hour.
E.
Submission of Well Water Test Results
(1)
Prior to issuance of a Certificate of Approval for well water intended
for human consumption, the results of all water quality and yield
tests shall be submitted to the Board of Health on a form which includes
the minimum standards of the parameters being tested for. The owner
of the property which the well will serve or the well driller, acting
as agent for the owner, shall certify on a form provided by the Board
of Health, the following:
(a)
The location and date the sample was taken, and the laboratory
at which it was analyzed.
(b)
That the water sample whose analysis results were submitted
to the Board of Health, was taken from the well for which approval
is being sought, and
(c)
The results of the yield test performed by the well driller.
F.
Well Approval
(1)
Water from a new well shall not be placed into use for human consumption
until the Board of Health has approved the potability and quantity
of the water provided and issued a Certificate of Approval for the
well to the owner of the property which the well serves.
(2)
A Certificate of Approval for a well will not be issued until 1)
the well water has been shown to meet the water quality criteria outlined
in the regulations and 2) the yield of water from the well meets the
requirements set forth in Section (4) D Well Yield and
Water System Design of these regulations.[1]
(3)
The Board of Health shall not sign off on a Building Permit or a
Certificate of Occupancy until it has issued a Certificate of Approval
for the well serving that building.
(4)
The registered well driller shall submit a copy of the Well Completion
Report, as required by 313 CMR 3.00 Registration Of Well
Drillers And Filing Of Well Completion Reports, to the
Orleans Board of Health within 30 days of well completion.
(5)
The Board of Health may approve wells, which fail to meet some or
all of the requirements in these regulations, after a hearing at which
a variance from these standards may be granted.
Reserved
Reserved
A.
Variance
(1)
The Board of Health may vary the application of any provision of
this article with respect to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and provided that
the decision of the Board of Health shall not compromise the protection
of human health and environmental quality.
(2)
Every request for a variance shall be made in writing and shall state
the specific variance requested and the reasons therefore. Any variance
granted by the Board of Health shall be in writing. Any denial of
a variance shall also be in writing and shall state the reasons for
the denial. A copy of any variance granted shall be available to the
public at all reasonable hours in the office of the town clerk or
the Board of Health, while it is in effect.
(3)
Any variance or other modification, authorized to be made by these
regulations, may be subject to such qualification, revocation, suspension
or expiration, as the Board of Health expresses in its grant. A variance
or modification, authorized to be made by these regulations, may otherwise
be revoked, modified or suspended, in whole or in part, only after
the holder thereof has been notified, in writing, and has been given
an opportunity to be heard in conformity with the requirements of
310 CMR 11.00 for orders and hearings.
(4)
As a condition of granting a variance, the Board of Health may require
a restriction to be recorded at the Registry of Deeds when, in the
opinion of the Board of Health, knowledge that the well does not meet
minimum standards, should be available to future potential consumers
of water supplied by that well.
B.
Enforcement, Penalties
(1)
The Orleans Board of Health, its designated agents, enforcement officers
and anyone with police powers, may enforce this regulation.
(2)
Violation of this regulation will be subject to the provisions of Massachusetts General Laws, Chapter 40, Section 21D, regarding non-criminal dispositions as adopted by the Town of Orleans.
(3)
Any person who knowingly violates any provision of this regulation
may be subject to a fifty dollar ($50) fine for each offense.
C.
Severability
(1)
Each section of these rules and regulations shall be construed as
separate. If any section, regulation, paragraph, sentence, clause,
phrase or word of these rules and regulations shall be declared invalid
for any reason, the remainder of these rules and regulations shall
remain in full force and effect.
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The provisions of Title 1 of the State Environmental Code (310
CMR 11.00) shall govern the enforcement of these regulations.
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