[1]
Editor’s Note: Former Art. II, Underground Storage Tanks,
adopted 7-2-1981, as amended,
was repealed 5-26-2015.
[2]
Editor’s Note: These regulations also superseded former
Art. III, Private Wells, adopted 3-31-1998.
[3]
Editor's Note: This article was previously amended 10-8-2019, 3-22-2021 and 11-9-2021
These regulations are intended to protect the public health and general welfare by ensuring that private wells are constructed, deconstructed or decommissioned in a manner which will protect the quality of the groundwater derived from private wells. The property owner or designated representative of an owner proposing to construct or deconstruct a well shall obtain a permit from the Board of Health. The well contractor must have the well permit (See "Emergencies" under § 145-27) in his possession at the specific job site during all aspects of the well drilling process.
These regulations are adopted by the Town of Harvard Board of
Health, as authorized by MGL c. 111, § 31. These regulations
supersede all previous regulations adopted by the Board of Health
regarding the construction and deconstruction of private wells.
As used in this article, the following definitions shall have
the meanings indicated:
The Nashoba Associated Boards of Health, as designated by
MGL c. 111, § 27A, the Harvard Board of Health or other
individuals designated as agents by the Harvard Board of Health.
A well which provides water solely for agricultural purposes.
The business of cultivating the soil, producing crops, and
raising livestock useful to humans.
Any person who intends to have a well constructed or deconstructed.
An individual or entity granted authority by the Harvard
Board of Health to sample private well water in anticipation of quality
analysis. An approved sampler is required to adhere to the Harvard
Board of Health's approved "Best Practices for Water Quality
Sampling of Private Wells."
A water-bearing geologic formation, group of formations,
or part of a formation that contains sufficient saturated permeable
material to yield significant quantities of water to wells and springs.
The solid rock that underlies all soil, sand, clay, gravel,
and loose material on the earth's surface.
The Board of Health of the Town of Harvard, Massachusetts
or its authorized agent.
A deep, narrow hole made in the ground, especially to locate
water which is not intended for use for drinking water.
A pipe which begins outside the inner face of a building
wall and extends to a subsurface sewage disposal system (on-site system)
or municipal or private sewer.
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire the availability to dig or drill
wells within the Commonwealth of Massachusetts.
Impervious durable pipe placed in a boring to prevent the
walls from caving in and to serve as a vertical conduit for water
in a well.
Any laboratory currently certified by the Massachusetts Department
of Environmental Protection for drinking water analysis. A laboratory
holding provisional certification shall also qualify.
A boring drilled to facilitate the installation of a pipe
loop or tubing for a ground source heat pump system, whether circulating
water, heat transfer fluid or refrigerant using direct exchange.
Any well that is drilled into bedrock with a casing that
is sealed to the bedrock.
A deep well (required to be greater than 100 feet in depth)
for the purpose of delivering potable water.
Any well utilizing a drive-well point which is driven into
the ground.
A well which provides for both drinking water and as a geothermal
exchange.
Any excavation dug by man or machine which is used to provide
water for irrigation or any other purpose.
Any shaft or hole drilled into the surface of the earth,
greater than 20 feet in depth, which is used or intended to be used
in connection with coring, or the drilling for, prospecting for, or
the production of geothermal resources, hot water, petroleum, natural
gas, or other hydrocarbon substances, or shallow extraction wells
for heating, agricultural or other purposes, or is used or intended
to be used for the subsurface injection into the earth of oilfield
waste, gases, water or liquid substances, including any such existing
hole, shaft or casing which has not been abandoned, except that "geothermal,
oil or gas exploratory or development well" shall not include "temporary
exploratory probe," as defined in this section.
A structure that meets the requirements of 105 CMR 410.000:
Minimum Standards of Fitness for Human Habitation (State Sanitary
Code, Chapter II).
A well (required to be 100 feet or greater in depth) not
intended for potable use and not connected to a domestic supply.
Maximum concentration limit.
Any well not used as a potable water source, including but
not limited to irrigation wells.
A water well designed to produce source water above land
surface to provide heat transfer to a geothermal well. It is then
returned to its source.
An individual, corporation, company, association, trust,
or partnership.
The location where water distribution enters a structure.
Any well utilizing a drive-well point which is driven into
the ground.
Any dug, driven, or drilled hole, with a depth greater than
its largest surface diameter, developed to supply water intended and/or
used for human consumption and that will not serve either a number
of service connections or a number of individuals sufficient to qualify
as a public water system as defined in 310 CMR 22.00.
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
Any person registered with the Department of Environmental
Protection, Bureau of Resources Protection, to dig or drill wells
in the Commonwealth of Massachusetts.
Any well with a total depth of less than 100 feet, including
but not limited to points, dug wells, driven wells, and wash wells.
Any faucet with a direct connection to a dwelling.
The level of water in a well under nonpumping conditions.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
Any well created through the removal of soils by water or
fluid prior to the placement of the well piping; also known as "jetted
well."
An excavation or opening into the ground made by digging, boring,
drilling, driving or other methods.
Unless the context requires otherwise, words not herein defined
shall have the same meaning as given in the applicable regulations
of the Department of Environmental Protection (DEP).
The following are not wells for the production of water as used
in these regulations:
Post holes;
An excavation for the purpose of obtaining or prospecting for
oil, natural gas, minerals other than water, products of mining and
quarrying;
Injection well regulated under DEP UIC program;
Cathodic protection wells;
Wells used for dewatering purposes in construction work;
Monitor wells, geographical test borings and piezometers;
Ponds, pits, sumps and drainage trenches;
Contaminant recovery wells otherwise regulated by the DEP.
A.
The application for a permit for the installation of any nonexempt
well or borehole shall be made by a contractor, appropriately licensed.
B.
The property owner or his designated representative shall obtain
a permit from the Board of Health or its agent prior to the commencement
of construction and/or deconstruction of a private well, nonessential
private well, irrigation well, monitoring well, hydrogeological well,
geothermal well, agricultural well, drilled hole, borehole, or other
hole drilled by mechanical means to a depth greater than 10 feet,
and any other structure that is considered a well.
C.
Any new dwelling or occupied structure on property with a lot line
that is within 500 feet of a municipal or water department service
line must be connected to the water supply system.
D.
Permit applications. Each permit application to construct a well
shall include the following:
(1)
Application form furnished by the Nashoba Associated Boards of Health.
(2)
The property owner's name and address.
(3)
The well driller's name and proof of valid state registration.
(4)
A plan with a specified scale, preferably signed by a registered
surveyor or engineer, showing the location of the proposed well in
relation to existing or proposed above- or below-ground structures.
(5)
Potential sources of contamination.
(a)
A description of visible prior and current land uses within
400 feet of the proposed well location which represent a potential
source of contamination, including but not limited to the following:
(b)
The Board may choose to require additional information pertaining
to, but not limited to, all of the above, including the location of
landfills, waste sites, and agricultural land uses that are within
500 feet to 1,000 feet of the well site.
(6)
A permit fee to the Nashoba Associated Boards of Health.
(7)
A filing fee to the Town of Harvard per the Board of Health regulations.
E.
The permit shall be on site at all times that work is taking place.
Each permit shall expire one year from the date of issuance unless
revoked for cause. Permits may be extended for one additional six-month
period, provided that a written request is received by the Board prior
to the one-year expiration date. No additional fee shall be charged
for a permit extension, provided that there is no change in the plans
for the proposed well.
F.
Well construction permits are not transferable. Acquiring any additional
necessary permits (e.g., plumbing and electrical permits, etc.) shall
be the responsibility of the applicant.
G.
Electrical service shall not be grounded to the well.
The following shall be submitted to the Board of Health or its
agent within 30 days after completion of construction of any well:
A.
In locating a well, the applicant shall identify all potential sources
of contaminants which exist or are proposed within 400 feet. When
possible, the well shall be located upgradient of all potential sources
of contamination and shall be as far removed from potential sources
of contamination as possible, given the layout of the premises.
B.
Each well or borehole shall be accessible for repair, maintenance,
testing, and inspection. The well shall be completed in a water-bearing
formation that will produce the required quantity of water under normal
operating conditions.
C.
The following minimum lateral/circumferential distances from potential
sources of contamination shall apply:
|
Source of Contamination
|
Minimum Lateral/Circumferential Distance
(feet)
|
|---|---|
|
Leaching facility (310 CMR 15.00)
|
100
|
|
Cesspool
|
100
|
|
Septic tank
|
50
|
|
Building sewer line
|
25
|
|
Property line
|
50
|
|
Public or private way, common drive, roadway easement, parking
lot
|
50
|
|
Active or closed landfill
|
400
|
|
Hazardous waste spill site
|
400
|
|
Any type of surface water/wetland
|
100
|
|
In-ground pool
|
25
|
|
Septic expansion area
|
100
|
|
Slab or foundation
|
10
|
D.
The following minimum distances from additional septic components
shall apply:
|
Septic Component
|
Minimum Distance
(feet)
|
|---|---|
|
Building sewer constructed of durable corrosion-resistant material
with watertight joints
|
25
|
|
Building sewer constructed of any other type of pipe
|
50
|
E.
The Board reserves the right to impose minimum lateral distance requirements
from other potential sources of contamination not listed above. All
such special well location requirements shall be listed, in writing,
as a condition of the well construction permit.
F.
No private well, nonessential private well, or its associated distribution
system shall be connected to either the distribution system of a public
water supply system or any type of waste distribution system.
Each well must supply an adequate quantity of water for the
purpose for which it is intended and shall be tested to give satisfactory
evidence of continuing capability to do so. Before being approved,
every well shall be pump tested by the installer. The results of the
test shall be submitted to the Board of Health on the previously described
well completion report, and the Board shall maintain such as a public
record. The following are guidelines for what will be considered satisfactory,
but the Board of Health may vary these guidelines in particular cases
where it is demonstrated that the well will furnish an adequate supply
of water for the purpose for which it was intended.
A.
Shallow wells, washed wells, points, pits or excavations are not
allowed. The Board may grant a variance for shallow wells, washed
wells, points, pits or excavations for irrigation purposes or when
a drilled well cannot be utilized. Where a variance has been granted,
shallow wells, washed wells, points, pits or excavations shall produce
a minimum of 15 gallons per minute after performing a four-hour pump
test. Wash wells must be tested every six months and the results submitted
to the Board of Health office. No shallow wells will be allowed in
a primary water or secondary water resource district as designated
under the Harvard Zoning Bylaw,[1] with exceptions for agriculture and/or other uses when
deemed appropriate by the Board.
B.
Well production. After pump testing, all drilled wells shall produce
at least the following gallons per minute:
|
Static Water Depth in Well
(feet)
|
Required Yield
(gallons per minute)
|
|---|---|
|
100
|
6
|
|
200
|
5
|
|
300
|
4
|
|
400
|
3
|
|
500
|
2
|
All private wells and nonessential private wells shall be disinfected
following construction, rehabilitation, and well or pump repair before
the well is placed into service. The well shall be pumped to waste
(not to the septic system) until the water is as clear as possible.
Thereafter, the well and pumping equipment (and plumbing, if installed)
shall be disinfected with a solution containing at least 50 ppm of
chlorine. The well shall remain in contact with the chlorine solution
for a minimum of 24 hours before the well is pumped to waste (not
to the septic system) and the water found to be free of chlorine.
A.
The Harvard Board of Health, Nashoba Associated Boards of Health,
Massachusetts Department of Environmental Protection certified laboratories,
a Massachusetts licensed site professional, an approved sampler, or
other persons authorized by the Board of Health upon submittal and
preapproval of a waiver, shall collect water samples immediately following
construction or rehabilitation and disinfection of a well. A representative
sample for laboratory analysis shall be collected at pump discharge
or from a tap in the pump discharge line. Chemical and bacteriological
analysis shall meet the standards set forth by the Massachusetts Department
of Environmental Protection Public Water Supply Division regulations
for potable water for the following items: total coliform, fecal coliform/E.coli,
arsenic, lead, nitrate nitrogen, nitrite nitrogen, Gross Alpha (uranium
if necessary per Section I) and radon; approval of the results by
the Harvard Board of Health or the Nashoba Associated Boards of Health
shall be obtained before the well shall be put into service as a potable
supply. All wells shall be tested for the following secondary standards:
calcium, copper, iron, magnesium, manganese, potassium, sodium, alkalinity,
ammonia, chloride, chlorine, color, conductivity, fluoride, hardness,
odor, pH, sulphate, turbidity, and sediment.
B.
All drinking water wells located on property to be sold shall be similarly sampled using the untreated source and tested as described in Subsection A. Certain addresses may also be required to test for PFAS per the Harvard Board of Health Policy: Well water quality testing for property sales and new construction. The analytical results must be submitted to the Board of Health no less than 30 days prior to the transfer of ownership, and are valid for 12 months from the sample date to the date of property transfer. All drinking water wells shall be retested at the time of sale and/or transfer of the property if standards are not met at initial testing and treatment is required.
C.
The water sample shall be analyzed by a laboratory certified to perform
drinking water analysis by the Department of Environmental Protection,
and a record of the results sent to both the Harvard Board of Health
and the Nashoba Associated Boards of Health. Any fees for water testing
will be charged and collected through the Nashoba Associated Boards
of Health prior to approval of water supply service.
D.
Water samples submitted for bacteriological analysis shall meet the
standard of zero total coliform per 100 milliliters of sample using
a method accepted in the latest edition of Standard Methods for the
Examination of Water and Wastewater, American Public Health Association.
Following a positive coliform sample, two consecutive negative results
are required.
E.
The Harvard Board of Health or Nashoba Associated Boards of Health
may require that additional chemical analysis shall be performed on
the well water. Such a requirement shall specify which chemicals shall
be tested for and the reason for the test.
F.
The Harvard Board of Health may require that suspected contaminated
wells be tested for any biological, chemical, or radiological contaminant.
The sample shall be collected by the Board of Health, its agents,
or an approved sampler.
G.
Arsenic levels shall not exceed 10 ppb. Water with arsenic levels
that meet or exceed 10 ppb shall require notification through the
property deed after remediation to concentrations below 10 ppb.
H.
Water with radon levels exceeding 10,000 pCi/L shall require notification
through the property deed. Adsorption and absorption filters such
as charcoal, which would become radioactive waste as a result of their
use, shall not be used for radon removal from water.
I.
If the Gross Alpha is equal to or greater than 15 pCi/L, further
testing is required for uranium. The maximum contaminant level (MCL)
for uranium is 30 ug/L.
J.
All treatment systems employed for the removal of a contaminant shall
be a point of entry and whole supply system. Any use of a treatment
system for the purposes of achieving compliance with any drinking
water standard shall require retesting to demonstrate effectiveness
and shall require notification on the property record at the Registry
of Deeds of the existence and need for operational equipment in order
to provide potable water.
A.
Wells shall be constructed in conformance with the recommendations
of the latest edition of the Manual of Individual Water Supply, USEPA,
Water Supply Division. (Note: Dual-use wells, springs, shallow wells,
washed wells, points, pits or excavations shall not be used for the
purpose of potable water supply without a Board of Health variance.)
B.
All individual wells, geothermal wells, monitoring wells and test
wells shall be constructed in strict compliance with the specifications
set forth in these regulations and any applicable MA or federal requirements
(e.g., MA DEP "Guidelines for Ground Source Heat Pump Wells").
C.
All individual wells, geothermal wells, monitoring wells and test
wells constructed pursuant to these regulations shall be constructed
or altered by a duly licensed well contractor, geothermal well installation
contractor, or pump installation contractor. The licensed well or
geothermal well installation contractor is responsible for taking
all reasonable precautions to ensure the maintenance of all isolation
distances as set forth in these regulations. This includes, but is
not limited to, visual site inspections, drilling the well in the
location specified on the well permit and confirmation of these distances
with the abutting property owner, if necessary.
D.
Wells must be completed above grade. The casing shall extend at least
18 inches above the finished ground surface unless the well is located
in a floodplain. For wells constructed in a floodplain, the casing
shall extend at least two feet above the level of the highest recorded
flood. The top of the casing shall be reasonably smooth and level.
E.
General well design and construction.
(1)
All private wells shall be designed such that:
(a)
The materials used for the permanent construction are durable
in the specific hydrogeologic environment that occurs at the well
site.
(b)
No unsealed opening that could conduct surface water or contaminated
groundwater vertically to the intake portion of the well or transfer
water from one formation to another will be left around the well.
(2)
Permanent construction materials shall not impart toxic substances,
taste, odors, or bacterial contamination to the water in the well.
(3)
The driller shall operate all equipment according to generally accepted
standards in the industry and shall take appropriate precautions to
prevent damage, injury or other loss to persons and property at the
drilling site.
(4)
Well construction design shall ensure that surface water does not
enter the well through the opening or by seepage through the ground
surface. Construction site waste and materials shall be disposed of
in such a way as to avoid contamination of the well and the aquifer.
During any time that the well is unattended, the contractor shall
secure the well in such a way so as to prevent either tampering with
the well or the introduction of foreign material into the well.
(5)
Well yield should be measured and recorded at least every 50 feet
during drilling.
(6)
All water used for drilling, well development, or to mix a drilling
fluid shall be obtained from a source which will not result in contamination
of the well or the water-bearing zones penetrated by the well. Water
shall be conveyed in clear sanitary containers or water lines and
shall be chlorinated to an initial concentration between 50 mg/L and
100 mg/L.
(7)
A free-chlorine residual of 10 mg/L shall be maintained in any water
used at the drill site. Water from wetlands, swamps, ponds and other
similar surface features shall not be used.
(8)
All drilling equipment, including pumps and down-hole tools, shall
be cleaned and disinfected prior to drilling each new well or test
hole.
(9)
All drilling fluids shall be nontoxic. Drilling fluid additives shall
be stored in clean containers and shall be free of material that may
adversely affect the well, the aquifer, or the quality of the water
to be pumped from the well. Surfactants should be biodegradable. The
use of biodegradable organic polymers shall, when possible, be avoided.
(10)
All wells, including those that have been hydrofractured, shall
be developed so as to remove fine materials introduced into the pore
spaces or fractures during construction.
(11)
One or more of the following methods shall be used for development:
overpumping, backwashing, surging, jetting, air-lift pumping.
(12)
The completed well shall be sufficiently straight so that there
will be no interference with installation, alignment, operation or
future removal of the permanent well pump.
A.
A well that is abandoned shall be destroyed to protect the groundwater
and to eliminate potential physical hazards. Wells shall be sealed
with nonhazardous, impervious materials which shall be permanently
in place. All casing materials, pumping equipment, and distribution
lines shall be removed. The excavation shall be returned to the current
existing grade of the surrounding land. A record of abandonment shall
be kept on file in the offices of the Board of Health and Nashoba
Associated Boards of Health.
B.
Abandoned wells, test holes, and borings shall be decommissioned
so as to prevent the well, including the annular space outside the
casing, from being a channel allowing the vertical movement of water.
C.
The owner of a private well shall decommission the well if the well
meets any of the following criteria:
(1)
Construction of the well is terminated prior to completion of the
well.
(2)
The well owner notifies the Board that the use of the well is to
be permanently discontinued.
(3)
The well has been out of service for at least three years.
(4)
The well is determined by the Board to be a potential hazard to public
health or safety and the situation cannot be corrected.
(5)
The well is determined by the Board to be in such a state of disrepair
that its continued use is impractical.
(6)
The well has been determined by the Board to have the potential for
transmitting contaminants from the land surface into an aquifer or
from one aquifer to another and the situation cannot be corrected.
D.
The property owner shall be responsible for ensuring that all abandoned
wells and test holes or borings associated with private well installations
are properly plugged in accordance with the best management practices.
Only registered well drillers may plug abandoned wells, test holes,
and borings.
E.
In the case of new well construction, all test holes and borings
shall be plugged before the well driller completes work at the site.
A.
Irrigation wells shall be deep wells (bedrock; 100-foot minimum deep
well).
B.
To prevent cross-connection of potable and nonpotable water supplies,
no dwelling shall be served in any capacity by both a private well
and the Town of Harvard's public water system unless the two
water systems are completely separate. In addition to such a complete
separation, a backflow protection device, approved by the Plumbing
Inspector and the public water supplier, must be installed in the
dwelling to prevent backflow and cross-connections with the Town's
public water supply.
C.
Irrigation wells shall provide water through sprinkler heads or through
spigots mounted on the well head. The Board of Health prohibits the
use of sillcock spigots for irrigation wells.
D.
Conversion of a preexisting drinking water well to an irrigation
well shall require permitting and approval by the Harvard Board of
Health.
E.
No irrigation well or nonessential well shall be permitted in Zone
II of a public water supply.
F.
There shall be no plumbing connecting an irrigation well to a habitable
structure.
G.
The well will not be used for consumption. All spigots served by
an irrigation well, in addition to the well itself, must be identified
by a firmly attached yellow metal tag having the shape of a four-inch
equilateral triangle bearing the legend "NOT SAFE FOR HUMAN CONSUMPTION"
in letters not less than 7/16 inch in height.
H.
All irrigation wells shall post a sign (eight inches by 12 inches)
notifying the public that it is in fact an "irrigation well in use."
A.
There shall be no plumbing connecting an agricultural well to a habitable
structure.
B.
All spigots served by an agricultural well, in addition to itself,
must be identified by a firmly attached yellow metal tag having the
shape of a four-inch equilateral triangle bearing the legend "NOT
SAFE FOR HUMAN CONSUMPTION" in letters not less than 7/16 inch in
height.
A.
Location of closed-loop geothermal boreholes (Dual-use open-loop
geothermal systems are prohibited.) shall be located in conformity
with the chart below.
|
Source of Structure
|
Minimum Lateral/Circumferential Distance
(feet)
|
|---|---|
|
Sewer lines
|
10
|
|
Septic tanks
|
25
|
|
Springs
|
100
|
|
Septic drain fields
|
50
|
|
Water wells
|
100
|
|
House to septic tank connection
|
10
|
|
House to sewer line connection
|
10
|
B.
Source of drilling water for closed-loop geothermal boreholes.
(1)
All water used in drilling and construction of a closed-loop geothermal
borehole shall be from a public water supply or water well.
(2)
All water used in the drilling or construction process shall be treated
with enough chlorine product to retain a free chlorine residual of
at least 10 parts per million.
(3)
The driller shall take all steps necessary to maintain safety around
the borehole until the closed loop is installed and grouted in the
borehole.
C.
A report of well driller for a closed-loop geothermal borehole system
shall be submitted by the driller to the Board of Health within 30
days after the drilling or closure of the last closed-loop borehole
in the system at the site.
D.
Closed-loop geothermal borings and underground lines associated with
heat transfer to geothermal boreholes are required to have detectable
underground tape placed above the boring or heat transfer lines within
18 inches of land surface to denote the subsurface location of the
installations.
E.
For systems with 10 or fewer closed-loop boreholes, the driller is
required to provide a master plat to both the owner and the Board
of Health of the location of each borehole. The sketch shall include
related distances from major buildings, septic tanks and field lines
and sewer lines and be submitted with the report of well driller within
30 days upon completion of drilling of the last borehole on a given
project. Site plans drawn up by a licensed engineer may be used if
the driller is unable to provide a master sketch.
A.
The Board of Health, or its agent, shall investigate violations of
these regulations and may take such actions as the Board or its agent
deems necessary for the protection of the public health and the enforcement
of these regulations.
B.
If any investigation reveals a violation of these regulations, the
Board or its agent shall order the private well owner to comply with
the violated provisions.
C.
These orders shall be in writing and served in the following manner:
(1)
Personally, by any person authorized to serve civil process; or
(2)
By any person authorized to serve civil process by leaving a copy
of the order at the well owner's last and usual place of abode;
or
(3)
By sending the well owner a copy of the order by registered or certified
mail, return receipt requested, if the well owner is within the commonwealth;
or
(4)
If the well owner's last and usual place of abode is unknown
or outside the commonwealth, by posting a copy of the order in a conspicuous
place on or about the premises or by advertising it for at least three
out of five consecutive days in one or more newspapers of general
circulation within the Town of Harvard.
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.
Any person who violates any provision of these regulations,
or who fails to comply with any order issued hereunder by the Board
of Health, may be fined no less than $10 and no more than $500 per
day. Each day that a violation exists and each day's failure
to comply with an order shall constitute a separate offense.
A.
The Board may grant a variance from the application of these regulations
when, in its opinion, the enforcement thereof would do manifest injustice,
and the applicant has demonstrated that the equivalent degree of protection
will still be provided to the private water supply without strict
compliance with the provisions of these regulations.
B.
Every request for a variance shall be made in writing and shall state
the specific variance sought and the reasons therefor. The writing
shall contain all the information needed to assure the Board that,
despite the issuance of a variance, the public health and environment
will be protected. Notice of the consideration of variances for drinking
water wells shall be given by the applicant, at least 10 days prior
thereto, by certified mail to all direct abutters to the property
upon which the private well is located. The notice shall include a
statement of the variance sought and the reasons therefor. Any grant
or denial of a variance shall be in writing and shall contain a brief
statement of the reasons for approving or denying the variance. A
copy of each variance shall be on file for 30 days following its issuance
and shall be available to the public at all reasonable hours in the
office of the Board of Health.
C.
Any variance may be subject to such qualifications, revocation, suspension,
condition, or expiration as is provided in these regulations or as
the Board expresses in its grant of the variance. A variance 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.
D.
Emergencies.
(1)
If an emergency condition exists, that is, if the lack of water poses
an immediate and significant danger to the health and welfare of persons,
livestock or domestic fowl or crops, then the Board of Health or its
agent shall issue a well construction permit within 24 hours of receipt
of the completed permit application. It is the responsibility of the
well contractor and/or property owner to substantiate that an emergency
condition exists by submission of a signed statement to the Board
of Health or its agent. Emergency well construction permits will be
issued only to replace an existing water supply where the lack of
water poses an immediate and significant threat to human health or
when the Board of Health determines that other exceptional circumstances
exist.
(2)
The drilling process for an emergency well construction must begin
within 24 hours of receipt of the permit, except when inclement weather
conditions or other abnormal circumstances occur.
If any provision of these regulations or the application thereof
is held to be invalid by a court of competent jurisdiction, the invalidity
shall be limited to said provision(s) and the remainder of these regulations
shall remain valid and effective. Any part of these regulations subsequently
invalidated by a new state law or modification of any existing state
law shall, by an amendment of the regulations, be brought into conformity
with the new or amended law. However, the revision necessary to comply
with state law shall be deemed to be effective immediately, and the
regulations shall be applied and enforced so as to comply with state
law.
These regulations were amended and adopted by vote of the Town
of Harvard Board of Health at a public meeting on November 9, 2021,
and are to be in full force and effect on and after November 23, 2021.
Before said date, these regulations shall be published and a copy
thereof placed on file in the Board of Health office and filed with
the Department of Environmental Protection in Boston. These regulations
or any portions thereof may be amended, supplemented or repealed from
time to time by the Board, with notice as provided by law, on its
own motion or by petition.
The issuance of a well permit shall not be construed as a guarantee
by the Board of Health or its agent that the water system will function
satisfactorily nor that the water supply will be of sufficient quality
or quantity for its intended use.
