In accordance with MGL c. 111, §§ 31 and 122,
MGL c. 91, §§ 59 and 59B, and MGL c. 90B, § 15,
and under every other power thereto enabling, the Marshfield Board
of Health adopted the following regulation at its regularly scheduled
meeting held January 8, 1990, to further protect the public health
and safety of the residents of the Town of Marshfield. This regulation
will apply to marina moorings or other boating facilities as defined
herein serving watercraft and/or serving boats with holding tanks.
As used in these regulations, the following terms shall have
the meanings indicated:
BOARD
The duly elected members of the Board of Health in the Town
of Marshfield.
MARINA; BOATING FACILITIES
A location of safe refuge, moorage, slippage, storage or
anchorage for five or more vessels, which may supply provisions, marine
supplies, or chandlery, or at which these may be obtained, and at
which a fee may be charged for the use of these facilities and/or
services, and to include any or all wharfs, piers, pilings, dolphins,
floats, fixed or portable, or any boat facilities either private or
public used for the keeping of any vessels over five in number. This
definition shall include municipal boating facilities, piers and moorings.
See current listing of marinas/boating facilities supplied by the
Harbormaster.
POTABLE WATER
A water supply of sufficient quantity and pressure that the
Board of Health or agent has determined, by requiring the water to
be tested, does not endanger the health of any potential user and
is fit for human consumption. A source shall be deemed potable which
meets, at a minimum, coliform testing. Other tests may be required,
by the Board or agent, if it is deemed necessary. The costs of all
testing will be borne by the applicant.
The requirements of this regulation where deemed applicable
by the Board of Health must be met at all marinas, moorings, and boating
facilities as defined herein on or before October 1, 1990.
Whoever violates the provisions of this regulation shall be
punished for the first offense by a fine of not less than $50 nor
more than $200 and for a subsequent offense by a fine of not less
than $300. For the purpose of this regulation, each day or part thereof
of any violation shall be considered a separate offense.
[Amended 6-12-2017]
Any variance, waiver, special permission or permit may be revoked,
modified or suspended, in whole or part, by a majority vote of the
Board, only after the holder thereof has been notified in writing
by the Board or the Board's agent and has been given an opportunity
to be heard at a hearing.
A request for an expansion of the number of permitted boats
will be made in writing and accompanied by a nonrefundable expansion
request fee. In addition to the request a plan for increasing the
size of the pump-out facility must also be submitted by a registered
professional engineer and documentation of destination of sewage disposal.
[Amended 10-18-2021 STM by Art. 32]
If the Board, in the exercise of its discretion, deems it necessary
to hire an independent expert consultant for any issue relative to
this regulation, including but not limited to plan review, engineering
information, determination of environmental impacts, and interpretation
of data, the entire fee for the consultant will be paid for by the
applicant. The mutually agreed upon consultant will be hired by the
Marshfield Board of Health. The applicant will pay the fee to the
Board of Health, which in turn will pay the consultant. If requested,
the consultant may qualify as a special employee of the Town by a
vote of the Select Board. The consultant's fee shall not exceed the
prevailing rate for such service in the metropolitan Boston area.
If any provision of this regulation is declared unlawful by
a valid judgment or decree of any court of competent jurisdiction,
such invalidity shall not affect any of the remaining provisions of
this regulation. This regulation shall take effect upon publication
in a newspaper of general circulation in the Town of Marshfield and
shall be filed with the Department of Environmental Protection, Division
of Water Pollution Control, in Boston and Lakeville.