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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.