Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable 11-7-1987, approved 12-3-1987; amended 11-4-1989; 11-1-1990 (Art. XLVII of Ch. III of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. 1, Art. I.
Sewer use — See Ch. 184, Art. I.
Wetlands protection — See Ch. 237.
On-site sewage disposal systems — See Ch. 360.
Wells — See Ch. 397.

§ 232-1 Findings.

The health, safety and welfare of the residents of the Town of Barnstable and its neighboring towns are dependent upon an adequate supply of pure groundwater. The Town's entire drinking water supply is derived from groundwater, and the United States Environmental Protection Agency has designated all of Cape Cod as a "sole source aquifer" requiring special care and protection. The groundwater system is internally connected with surface waters, lakes, streams and coastal estuaries, which constitute important recreational and economic resources of the Town. Contamination of the aquifer and related surface water resources pose a serious threat to the health, safety and financial well-being of the Town.

§ 232-2 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare by maintaining quality groundwater through the regulation of the volume of certain wastewater discharges.

§ 232-3 Compliance required for systems of certain capacity.

No person, company, corporation, entity, trust or firm shall install a new individual on-site sewage disposal system which will produce more than 330 gallons per day of wastewater discharge unless in compliance with the standards established by § 232-5 herein.

§ 232-4 Certification of compliance required.

A certificate of compliance with this chapter shall be received from the Board of Health or its designee prior to the commencement of any activity regulated by § 232-3 herein.

§ 232-5 Maximum allowable wastewater discharge.

[Amended 12-16-1993 by Order No. 94-059]
A. 
Within zones of contribution to existing and proposed public supply wells, the maximum allowable wastewater discharge from new individual on-site sewage disposal systems shall not exceed 330 gallons per acre per day.
B. 
Zones of contribution to public supply wells are shown on a map entitled "Revised Groundwater Protection Map," Planning Division, dated February 2002, which is on file in the office of the Town Clerk.
[Amended 6-14-2007 by Order No. 2007-141]
C. 
The zones of contribution to public supply wells were determined by SEA Consultants Inc. in their report dated September 1985, entitled "Groundwater and Water Resource Protection Plan, Barnstable, MA," revised by SEA Consultants Inc., September 1989. The GP Overlay District is also revised to include the zone of contribution to the West Barnstable well #15-75 determined by the Cape Cod Commission; and the zone of contribution to proven future Barnstable Fire District well #8-90 determined by Whitman and Howard, Inc. The reports and maps are on file with the Town Clerk.

§ 232-6 Additional limitation for areas near certain wells.

[Amended 12-16-1993 by Order No. 94-059; 6-14-2007 by Order No. 2007-141]
In addition to the standards of § 232-5 herein, within 2,000 feet of existing and proposed public supply wells as shown on the map entitled "Revised Groundwater Protection Map," Planning Division, dated February 2002, the maximum allowable wastewater discharge from a new individual on-site sewage disposal system shall not exceed 2,000 gallons per day, unless located outside of the WP Zone to the existing and proposed public supply wells.

§ 232-7 Flow rate determinations.

To determine compliance with §§ 232-5 and 232-6 herein, wastewater flow rates shall be determined according to Title V of the State Environmental Code, subject to the interpretation of the Board of Health.

§ 232-8 New system defined.

For the purposes of this chapter, the phrase "install a new individual on-site sewage disposal system" shall not include the maintenance, repair and alteration of an existing individual on-site sewage disposal system. However in no case shall the discharge of wastewater increase beyond that present prior to such maintenance, repair and alteration.

§ 232-9 Determining compliance of new systems with standards.

Any new system not in violation of the standards contained within §§ 232-5 through 232-8 shall be deemed to be in compliance with §§ 232-5 through 232-8.

§ 232-10 Administration; certificate of compliance.

This chapter shall be administered by the Board of Health or its designee by verifying compliance with the provisions established herein. Within 10 working days of receipt of a request for a certificate of compliance, the Board of Health or its designee shall notify the applicants thereof as to the approval or disapproval of the request. Upon determination that all provisions of this chapter are being met, a certificate of compliance shall be issued. However, in instances where an upgrading of an existing individual on-site sewage disposal system is proposed, the Board of Health may require from an applicant evidence that the proposed upgrading will not adversely affect the groundwater quality.

§ 232-11 Enforcement; right of entry.

The provisions of this chapter shall be enforced by the Board of Health or its designee, which may, according to law, enter upon any premises at any reasonable time to inspect for compliance.

§ 232-12 Written notice of violation.

Written notice of any violation of this chapter shall be given by the Board of Health or its designee specifying the nature of the violation and a time within which compliance must be achieved.

§ 232-13 Violations and penalties.

Penalty for failure to comply with any provision of this chapter shall be $300 per day of violation.

§ 232-14 Severability.

Each provision of this chapter shall be construed as separate. If any part of this chapter shall be held invalid for any reason, the remainder shall continue in full force and effect.