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Town of Middleton, MA
Essex County
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Table of Contents
Table of Contents
A. 
The applicant shall submit design plans (three copies) to the BOH with the application and appropriate application fee at least two weeks in advance of a regularly scheduled BOH meeting if the plan requires review by the BOH.
B. 
The designer shall submit an electronic copy (PDF) of the design and (PDF and CAD shapefile format) of the as-built plans to the Health Department prior to the request for signoff on the certificate of compliance by the Health Department.
C. 
Any modifications to the design plan will require approval from the Health Department prior to construction.
A. 
When a variance from this regulation is requested, a letter from the design engineer requesting an appearance before the BOH shall be made in writing and submitted to the BOH with three copies of the plan at least two weeks prior to the meeting date.
B. 
The applicant's designer shall attend the BOH meeting to propose and discuss the reasons the variance is requested. No variance shall be discussed or approved without an acceptable plan.
C. 
Each plan shall clearly state the reasons for the variance requested and cite the regulation (state or local) reference number.
D. 
The BOH need not consider any plans nor requests that have not been submitted or made in accordance with these regulations.
Fees will be published by the BOH on an annual basis and are available from the Health Department.
A. 
The BOH shall issue permits for the installation of on-site wastewater disposal systems upon completion of the necessary application forms and payment of any fees indicated in these regulations.
B. 
Unsatisfactory performance and/or failure to complete installation of any disposal system in accordance with approved plans shall serve as a basis for revoking, suspension, or nonrenewal of the installer's permit.
C. 
A contractor who wishes to obtain an installer's license must take and pass a written test conducted by the Health Department.
A. 
System inspectors shall obtain an annual license to perform system inspections within the Town of Middleton.
B. 
When a site is served by both an on-site wastewater disposal system and a private (drinking) well, a complete water quality analysis of the well, in accordance with the Code of the Town of Middleton Chapter 343, Water Supply Systems, shall be completed at the time of the wastewater system inspection (Title 5 Inspection). Lab results shall be submitted by the system inspector with the system inspection report to the Middleton Health Department. Lab results are valid for five years from the date of analysis pending no significant land use change on the property or abutting properties has occurred and per the approval of the Director of Public Health.
A. 
These regulations shall be interpreted 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 in full force and shall not invalidate these rules and regulations.
B. 
Any found in violation by the Board of Health, regulation, or order made preceding except as otherwise provided shall be punished by a fine not exceeding $25 per calendar day for each offense or as outlined below:
(1) 
Noncompliance in upgrading a failed system following a system inspection in accordance with the time frame outlined in 310 CMR 15.000 or otherwise specified by the Middleton Health Department: following the deadline date, $25 per calendar day assessed to the property owner.
(2) 
For systems installed not according to the design plan in that the Middleton Health Department requires repair from the installer: following the deadline date, $50 per calendar day assessed to the installer until the system is brought into compliance as instructed by the Health Department. During this time frame, the installer's permit will be suspended within the Town of Middleton until the Health Department lifts the suspension.