[Adopted 6-11-1991, effective 6-11-1991 (Section
11.00 of Part VIII of the 1991 Codification as updated through 6-1-1996)]
To protect the public health against potential
sources of contamination of the ground- and surface waters in the
Town of Barnstable, the Board of Health adopts the following regulation.
The Board of Health may require the repair or
replacement of an on-site sewage disposal system if any of the following
apply:
A.
There is evidence of sewage flow to the surface of
the ground.
B.
There is structural damage to the components of the
system which prevent it from functioning as required.
C.
The bottom of the cesspool or leaching facility is
less than four feet from the maximum adjusted groundwater elevation.
[Amended 12-19-2017]
D.
The system was pumped more than two times in a ninety-day
period (excluding maintenance pumping of grease traps).
E.
There is evidence of breakout.
F.
There was sewage backup into the house because of
a nonfunctioning leaching area.
G.
The edge of a leaching area is less than 100 feet
from a well or less than 50 feet from a watercourse, as defined in
310 CMR 15.00: The State Environmental Code, Title 5: Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage.
H.
The standing liquid level in the leaching facility(ies)
is at or above the invert pipe elevation.
I.
According to current local regulations, the system
is not properly sized to accommodate a proposed change in use or expansion
of a building or dwelling.
J.
Any other condition deemed by the Board of Health
to require maintenance as defined under 310 CMR 15.02 the State Environmental
Code Title V, Section (19).
Variances may be granted only as follows:
A.
The Board of Health may vary the application of any
provisions of this regulation with respect to any particular case
when, in its opinion the enforcement thereof would do manifest injustice
and the applicant has proved that the same degree of environmental
protection required under this article can be achieved without strict
application of the particular provision.
B.
Every request for a variance shall be made in writing
and shall state the specific variance requested and the reasons therefor.
Any variance granted by the Board of Health shall be in writing. Any
denial of a variance shall also be in writing and contain a brief
statement of the reasons for the denial. A copy of any variance granted
shall be available to the public at all reasonable hours in the office
of the Town Clerk or the Board of Health while it is in effect.
C.
Any variance or other modification authorized to be
made by these regulations may be subject to such qualification, revocation,
suspension or expiration as the Board of Health expresses in its grant.
A variance or modification authorized to be made by these regulations
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 in conformity with the requirements
of 310 CMR 11.00 for orders and hearings.
The provisions of Title 1 of the State Environmental
Code (310 CMR 11.00) shall govern the enforcement of these regulations.
A.
Penalty for failure to comply with any provision of
this regulation shall be governed by Massachusetts General Laws, Chapter
111, § 31. Each day's failure to comply with an order shall
constitute a separate violation.
B.
Further, the Board of Health, after notice to and
after a hearing thereon, may suspend, revoke, or modify any license
issued hereunder for cause shown.
Each section of these rules and regulations
shall be construed as separate. If any section, regulation, paragraph,
sentence, clause, phrase or word of these rules and regulations shall
be declared invalid for any reason, the remainder of these rules and
regulations shall remain in full force and effect.
