[HISTORY: Adopted by the Board of Health
of the Town of Groton 7-22-2002; amended 11-18-2002, 4-29-2003, 7-21-2003; 5-15-2006 and 11-21-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 90.
Water use restrictions — See Ch. 91.
Water Commission — See Ch. 93.
Sewers — See Ch. 190.
Zoning — See Ch. 218.
Subsurface sewage disposal regulations — See Ch. 315.
Sewer Commission regulations — See Ch. 396.
Water Department regulations — See Ch. 407.
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. Therefore, the property owner or designated representative of an owner proposing to construct or deconstruct a well shall obtain a permit therefore from the Board of Health. The well contractor must have the well permit (See Emergencies under § 330-17) in his possession at the specific job site during all aspects of the well drilling process.
These regulations are adopted by the Town of Groton 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.
A.Â
AGENT
AGRICULTURAL WELL
AGRICULTURE
APPLICANT
AQUIFER
BACKFLOW PREVENTION DEVICE
BEDROCK
BOARD
BUSINESS OF DIGGING OR DRILLING
CASING
CERTIFIED LABORATORY
CLOSED-LOOP GEOTHERMAL BOREHOLE
DEEP WELL
DRILLED WELL
DRIVEN WELL
DUG WELL
GEOTHERMAL WELL
IRRIGATION WELL
NONESSENTIAL PRIVATE WELL
OPEN-LOOP BOREHOLE
PERSON
POINT WELL
PRIVATE WELL
PUMPING TEST
REGISTERED WELL DRILLER
SHALLOW WELL
SILLCOCK SPIGOT
STATIC WATER LEVEL
STRUCTURE
WASH WELL
WELL
As used in this chapter, the following definitions shall have the
meanings indicated:
The Nashoba Associated Boards of Health, as designated by
MGL C. 111, § 27A, the Groton Board of Health, lab staff
from a state-certified water lab or other individuals designated as
agents by the Groton Board of Health.
A well which provides water solely for agricultural purposes.
An agricultural well requires a water test upon installation in compliance
with the Groton Board of Health regulations. There shall be no plumbing
connecting an agricultural well to a habitable structure. 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 "WATER UNSAFE" in letters
not less than 7/16 inch in height.
The business of cultivating the soil, producing crops, and
raising livestock useful to man.
Any person who intends to have a private well constructed
or deconstructed.
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.
A Water Department approved device which operates as a check
valve on the service pipe to prevent any material from being forced
or drawn into any public or private water system, thereby contaminating
the potable water supply.
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 Groton, Massachusetts
or its authorized agent.
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 with a total depth of greater than 100 feet.
Any well that is drilled into bedrock with a casing that
is sealed to the bedrock.
Any well utilizing a drive-well point which is driven into
the ground.
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.
An irrigation well requires a water test upon installation
in compliance with the Groton Board of Health regulations. There shall
be no plumbing connecting an irrigation well to a habitable structure.
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 "WATER
UNSAFE" in letters not less than 7/16 inch in height.
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.
An individual, corporation, company, association, trust,
or partnership.
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 non-pumping 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, a.k.a. "Jetted Well."
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purpose of providing
a water supply.
B.Â
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)
C.Â
The following are not wells for the production of water as used in
these regulations:
(1)Â
Post holes;
(2)Â
An excavation for the purpose of obtaining or prospecting for oil,
natural gas, minerals other than water, products of mining and quarrying;
(3)Â
Injection well regulated under DEP UIC program;
(4)Â
Cathodic protection wells;
(5)Â
Wells used for dewatering purposes in construction work;
(6)Â
Monitor wells, geographical test borings and piezometers;
(7)Â
Ponds, pits, sumps and drainage trenches;
(8)Â
Contaminant recovery wells otherwise regulated by the DEP; and
(9)Â
Closed-loop geothermal boreholes.
A.Â
The application for a permit for the installation of an individual
well, geothermal well, monitoring well and test well shall be made
by a contractor, appropriately licensed.
B.Â
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,
heating and cooling well, agricultural well, drilled holes, bore holes,
or other holes drilled by mechanical means greater than 10 feet, and
any other structure that is considered a well.
C.Â
Any dwelling on property with a lot line that is within 500 feet
of a water main must be connected to a municipal water supply system.
D.Â
An applicant for a well construction permit must secure a letter
from the municipal water supply system stating that no public water
is available within 500 feet of any lot line prior to seeking a permit.
E.Â
Permit applications.
(1)Â
Each permit application to construct a well shall include the following:
(a)Â
Application form furnished by the Nashoba Associated Boards
of Health.
(b)Â
The property owner's name and address.
(c)Â
The well driller's name and proof of valid state registration.
(d)Â
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.
(e)Â
Potential sources of contamination.
[1]Â
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:
[2]Â
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 to 1,000 feet of the well site.[1]
[1]
Editor's Note: Former Subsection E(1)(f), concerning a permit
fee to the Nashoba Associated Boards of Health, and Subsection E(1)(g),
concerning a filing fee to the Town Board of Health, both of which
immediately followed this subsection, were repealed 6-1-2015.
(2)Â
All well permit applications are subject to the review of the Town
of Groton Water Department and/or the West Groton Water Supply District
prior to issuance.
(3)Â
All irrigation and agricultural wells shall post a sign (eight inches
by 12 inches) notifying the public that it is in fact an "irrigation
well in use."
F.Â
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 there is no change in the plans for
the proposed well.
G.Â
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.
H.Â
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.Â
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.Â
Each well or bole hole 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.Â
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
| |
Sewer line
|
100
| |
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.Â
A suction line or supply line shall be located a minimum of 25 feet
from a building sewer constructed of durable corrosion-resistant material
with watertight joints, or 50 feet from a building sewer constructed
of any other type of pipe; 50 feet from a septic tank; 100 feet from
a leaching field; and 100 feet from a privy.
E.Â
Water supply lines shall be installed at least 10 feet from and 18
inches above any sewer line. Whenever water supply lines cross sewer
lines, both pipes shall be constructed of class 150 pressure pipe
and shall be pressure tested to assure watertightness.
F.Â
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.
G.Â
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.Â
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 Groton Zoning Bylaw,[1] with exceptions for agriculture and/or business when deemed
appropriate by the Board.
B.Â
Well production.
(1)Â
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
|
(2)Â
If the water depth is above a stated level shown on the chart above,
then the next highest required yield shall be used.
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.Â
The Groton Board of Health, Nashoba Associated Boards of Health,
Massachusetts Department of Environmental Protection certified laboratories,
or other persons approved by the Board of Health 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, and radon and approval of the
results by the Groton 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, chloride, chlorine, color, conductivity, fluoride,
hardness, odor, pH, sulphate, turbidity, and sediment.
B.Â
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 Groton Board of Health
and the Nashoba Associated Boards of Health. Any fees for water testing
will be charged and collected through Nashoba Associated Boards of
Health prior to approval of water supply service.
C.Â
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.
D.Â
The Groton 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.
E.Â
The 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 or its agents.
F.Â
Arsenic levels shall not exceed 10 ppb. Radon levels shall not exceed
10,000 pCi/L.
G.Â
Water with radon levels exceeding 10,000 pCi/L shall require notification
through the property deed. Absorption 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.
H.Â
Water with arsenic levels that meet or exceed 10 ppb shall require
notification through the property deed.
I.Â
All wells located on property to be sold shall be tested and the
results submitted to the Board within six months, but no less than
30 days, prior to the transfer of ownership. All wells, including
drinking water wells, shall be retested at the time of sale and/or
transfer of the property that utilizes a groundwater well for drinking
water purposes if standards are not met and treatment is required.
J.Â
All treatment systems employed for the removal of a contaminant shall
be a point of entry 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 of the property record at the Registry of Deeds of the
existence and need for operational equipment in order to provide potable
water.
A.Â
Wells shall be constructed in conformance with the recommendations
of the latest edition of the Manual of Individual Water Supply, USEPA,
Water Supply Division (Exception: Springs, shallow wells, washed wells,
points, pits or excavations shall not be used for the purpose of potable
water supply.)
B.Â
All individual wells, geothermal wells, monitoring wells and test
wells shall be constructed in strict compliance with the specifications
set forth in these regulations.
C.Â
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 insure 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
by the property owner.
D.Â
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.Â
General well design and construction.
(1)Â
All private wells shall be designed such that:
(a)Â
The materials used for the permanent construction are durable
in the specific hydrogeologic environment that occurs at the well
site.
(b)Â
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)Â
Permanent construction materials shall not impart toxic substances,
taste, odors, or bacterial contamination to the water in the well.
(3)Â
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)Â
Well construction design shall insure 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 a way so as to prevent either tampering with the
well or the introduction of foreign material into the well.
(5)Â
Well yield shall be measured and recorded at least every 50 feet
during drilling.
(6)Â
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)Â
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)Â
All drilling equipment, including pumps and down hole tools, shall
be cleaned and disinfected prior to drilling each new well or test
hole.
(9)Â
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)Â
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)Â
One or more of the following methods shall be used for development:
overpumping, backwashing, surging, jetting, air-lift pumping.
(12)Â
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.Â
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 office of the Board.
B.Â
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.Â
The owner of a private well shall decommission the well if the well
meets any of the following criteria:
(1)Â
Construction of the well is terminated prior to completion of the
well.
(2)Â
The well owner notifies the Board that the use of the well is to
be permanently discontinued.
(3)Â
The well has been out of service for at least three years.
(4)Â
The well is determined by the Board to be a potential hazard to public
health or safety and the situation cannot be corrected.
(5)Â
The well is determined by the Board to be in such a state of disrepair
that its continued use is impractical.
(6)Â
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.Â
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.Â
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.Â
Irrigation wells shall be deep wells (bedrock; one-hundred-foot minimum
deep well).
B.Â
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 Groton'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.Â
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.Â
Conversion of a preexisting drinking water well to an irrigation
well shall require permitting and approval by the Groton Board of
Health.
A.Â
Location of closed-loop geothermal boreholes.
(1)Â
The construction of a closed-loop geothermal borehole is prohibited
at other than a safe distance from any potential source of contamination.
The minimum safe distances shall apply for the sources listed below:
Minimum Distances
| ||
---|---|---|
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.Â
Source of drilling water for closed-loop geothermal boreholes.
(1)Â
All water used in drilling and construction of a closed-loop geothermal
borehole shall be from a public water supply or water well.
(2)Â
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)Â
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.Â
Reporting of closed-loop geothermal boreholes.
(1)Â
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.Â
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.Â
For systems with 10 or less 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.Â
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.Â
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.Â
These orders shall be in writing and served in the following manner:
(1)Â
Personally, by any person authorized to serve civil process; or
(2)Â
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)Â
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)Â
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 Groton.
A.Â
A private well owner to whom any order has been served may request
a hearing before the Board by filing with the Board, within seven
days after the day the order was served, a written petition requesting
a hearing on the matter. Upon receipt of such petition, the Board
shall set a time and place for such hearing and shall inform the well
owner thereof in writing. The hearing shall be commenced not later
than 30 days after the day on which the order was served. The Board,
upon application of the well owner, may postpone the date of the hearing
for a reasonable time beyond such thirty-day period if in the judgment
of the Board the well owner has submitted a good and sufficient reason
for such postponement. At the hearing, the well owner shall be given
an opportunity to be heard and show why the order should be modified
or withdrawn. After the hearing, the Board shall sustain, modify,
or withdraw the order and shall inform the well owner, in writing,
of its decision. If the Board sustains or modifies the original order,
it shall be carried out within the time period allotted in the original
order or in the modification.
B.Â
Every notice, order, or other record prepared by the Board in connection
with the hearing shall be entered as a matter of public record in
the office of the Town Clerk or in the office of the Board.
C.Â
If a written petition for a hearing is not filed with the Board within
seven days after the day an order has been served or if, after a hearing,
the order has been sustained in any part, each day's failure
to comply with the order as issued or modified shall constitute an
additional offense.
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.Â
The Board may, after a public hearing, 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.Â
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 hearing shall be given by the Board,
at the applicant's expense, at least 10 days prior thereto, by
certified mail to all abutters within 300 feet of the property upon
which the private well is located and by publication in a newspaper
of general circulation in the Town of Groton. 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 Town Clerk or Office of the Board of Health. No work
shall be done under any variance until 10 days elapse from its issuance,
unless the Board certifies, in writing, that an emergency exists.
C.Â
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.Â
Emergencies.
(1)Â
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 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. 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)Â
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 Groton Board of Health at a public hearing on November 21, 2011,
and are to be in full force and effect on and after November 21, 2011.
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.