[HISTORY: Adopted by the Board of Health
of the Town of Boxford as Regulation 1-94; amended in its entirety 12-19-2012. Subsequent
amendments noted where applicable.]
The majority of the dwellings in the Town of Boxford, Massachusetts,
rely on private wells as their source of potable water. Such wells,
and including wells for irrigation and agricultural use, are not regulated
under State Code, 310 CMR 22.00, and are under authority of the Board
of Health. For this reason, the Board of Health for the Town of Boxford,
acting under MGL c. 111, § 31, as amended, and with reference
to MGL c. 40, § 54, in the interest of and for the protection
of public health, established and adopted the following rules and
regulations concerning private well water supplies in the Town of
Boxford.
As used in this regulation, the following terms shall have the
meanings indicated:
A well that has not been used as a source of potable water
for at least 12 consecutive months.
The person or persons owning land contiguous to or within
100 feet of the lot lines of the land owned by an applicant applying
for a variance to this regulation.
The preapproved area defined in the well permit for a specific
property in Boxford within which the well contractor may carry out
test borings or well drilling for the purpose of investigating the
potential for or installation of a safe drinking water supply.
A drilled well which extends into the bedrock and has a sealed
casing.
Board of Health.
See "well."
The Massachusetts Department of Environmental Protection.
A laboratory that has been deemed capable by the DEP of producing
valid data for tests of specified contaminants, such as nitrate, volatile
organic compounds (VOC's), fecal coliform bacteria, etc., and has
demonstrated it is able to perform accurate testing using scientific
methods which have been approved by the United States Environmental
Protection Agency.
see "well."
A shallow well or pit which has been constructed by excavation.
Every building or shelter, including but not limited to rooming
houses and temporary housing used or intended for human habitation,
and every other structure or condition located within the same lot
lines whose existence causes or is likely to affect noncompliance
with the provisions of this regulation. (Ref: 105 CMR 410.000)
The room or group of rooms within a dwelling used or intended
for use by one family or household for living, sleeping, cooking and
eating. "Dwelling unit" shall also mean "condominium unit." (Ref:
105 CMR 410.000)
A well used as a source of water for irrigation of agricultural,
residential or public lands and not intended for human consumption.
A well used as a source of water for animals kept on agricultural,
residential or public lands and not intended for human consumption.
An area approved by the Board of Health for the storage of livestock manure and as located on the drawing submitted as part of an application for a stable permit to the Board of Health. (Ref: Boxford Code Chapter 203, Stable Licensing).
A well drilled for the purpose of sampling and testing water quality. The well shall not be used as a source of potable water and shall be abandoned once testing is completed according to these regulations [§ 202-3D(2)], unless reapplication is made to convert the monitoring well into a potable water supply.
Any individual, family, partnership, association, firm, company,
corporation, agency, group (including a city, town, county, state
or other governmental unit) or any other entity responsible in any
way for an activity subject to this regulation.
A well or other source of water for human consumption which
provides water which should meet all primary and secondary drinking
water standards and guidelines as established by the DEP.
Any water system that is not regulated by 310 CMR 22.00.
Any system for the provision to the public of piped water
for human consumption, if such system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days of the year. (Ref: 310 CMR 22.00)
All pipes, valves, fittings, tanks, pumps, motors, switches,
controls and appurtenances installed or used for the purpose of storage,
distribution, filtration, treatment or purification of water for any
use, whether or not located inside a building.
Any pit, pipe, excavation, casing, drill hole, boring, test
boring, or other private source or potential source of water to be
used or potentially used for the purpose of supplying potable water
or water for irrigation or agricultural use or used for analysis and
testing purposes.
A person or persons registered by the Commonwealth of Massachusetts
to engage in the business of digging or drilling wells within the
commonwealth. (Ref: MGL c. 21, § 16)
A permit issued by the local Board of Health or its agent
for the purpose of granting permission to a well contractor to drill
or bore into the earth for the purpose of exploring or testing an
approved location as a potential water source or for the purpose of
monitoring water quality. Such permit is issued as part of the well
drilling permit application submitted by the well contractor prior
to the start of any test boring or well drilling activity. Permits
must be signed by the person(s) owning the land; or, to be signed
by the well drilling contractor, a signed letter from the land owner
stating that the well contractor may sign the permit must be presented
as part of the permit process. Permits for well drilling on Town land
must be signed by an authorized representative of the Select Board
Members.
[Amended 9-12-2020 ATM by Art. 19]
A.
No well shall be installed or repaired in Boxford until a well drilling permit has been issued by the Board of Health, except as detailed in § 202-4A of this regulation. This shall include irrigation, livestock, and monitoring wells. A well drilling permit shall be issued or denied within 45 days after receipt, by the Board of Health or its agent, of a well drilling permit application. Application forms shall be available at the local Board of Health office during normal working hours.
B.
No building permit shall be issued for the construction of a building
which necessitates the use of potable water therein from a well located
on the lot where the building is to be constructed until a well has
been installed and the Board of Health has determined that a safe
and adequate supply of potable water is available. The well and water
supply system of a private water supply shall be located on the same
lot as the dwelling or buildings wherein the water is used.
C.
Repair, renovation or replacement of an existing well and/or water
system shall follow all provisions of this regulation and must be
approved by the Board of Health.
D.
The well contractor shall observe reasonable sanitary measures and
precautions on the performance of any work in order to prevent the
pollution or contamination of the well.
(1)
Newly constructed wells or wells where repair work has been done
shall be appropriately flushed and disinfected before being put into
use.
(2)
All abandoned wells shall be tightly sealed by approved methods or
filled with clean earth with a very high clay content to prevent pollution
of the groundwater.
(3)
Where a well is to serve as a source of water for human consumption,
there shall be a separate well for each dwelling unit, exclusive of
legal in-law apartments.
(4)
For new subdivisions and high-density housing developments, the Board
of Health may set additional restrictions on the permitted number
of operational wells per lot or per development. Such additional restrictions
may be made based on the potential impact of the proposed development
on the public health and environment and on existing wells and septic
systems bordering the proposed development.
(5)
No new or replacement well shall be installed closer than:
(a)
Fifty feet to any lot line.
(b)
Fifty feet to any septic tank.
(c)
One hundred feet to any privy, cesspool or leaching facility.
(d)
One hundred fifty feet to any privy, cesspool or leaching facility
in those cases where the percolation rate of the septic system installation
area is less than five minutes per inch.
(e)
One hundred feet from an existing manure storage area.
(6)
The separation between two operational wells shall be no less than
100 feet.
(7)
Public water systems shall require approval by the Division of Water
Supply, Department of Environmental Protection, prior to the issuance
of a well permit and/or building permit. The Board of Health may set
additional requirements for operation of the system and for the quality
of water from the system.
(8)
The Board recommends that no new well or replacement well be less
than 30 feet from an abandoned well on the same property.
E.
Every well shall supply safe and adequate water for the purpose for
which it is intended and shall give satisfactory evidence of continuing
capability to do so.
(1)
All new and replacement wells to be used as a source of potable water
shall be bedrock drilled wells. Dug wells shall not be permitted as
new or replacement wells for potable water.
(2)
Before being approved, every well shall be pump tested (bailing method
accepted) for at least four hours by the well contractor. The results
of the pump test shall be submitted on a form provided by the Board
of Health and kept as a public record.
(3)
In cases of the construction of a well as a potable water source,
whether a new or a replacement well, and before the well is connected
to the residence it will serve, the Board of Health shall require
the submission of an analysis report attained of the well water prior
to the issuance of a disposal works construction permit in the case
of new construction, or prior to connection of the well to the residence
in the case of a replacement well. Such analysis shall include, as
a minimum, pH value; specific conductance and hardness; levels of
iron, manganese, sodium, nitrate nitrogen and arsenic; coliforms;
and the report from an appropriate test for organic compounds, such
as EPA Method 524.2, Purgeable Organic Compounds in Water, or an equivalent
EPA-approved method. All test results shall be submitted to the Board
of Health. The well shall not be connected to the residence until
the Board of Health has reviewed the test results and approved connection,
except in the case of an emergency, as determined by the Board or
its agent.
(4)
The Board of Health may recommend that a specific water treatment system is installed as part of a water system based on the water analysis results specified in § 202-3E(3) of this regulation, if such analysis results do not meet the water standards stipulated in 310 CMR 22.00, and any additional primary or secondary water standards. A second chemical analysis report as required in § 202-3E(3) of this regulation is recommended if a water treatment system has been installed.
(5)
All bacterial and chemical analyses for new and replacement wells
shall be carried out and reported by a DEP-certified water testing
laboratory.
A.
There shall be a separate water system for each dwelling unit, which
may include an approved in-law apartment, and it shall not be installed
or materially altered thereafter until a permit has been issued by
the Board of Health. The Board will require a description of the installation
with each application for such a permit. Emergency work for repairs
or service of existing equipment not amounting to a substantial renovation
or overhaul of the system, including replacement of pumps, tanks,
motors, water lines, fittings, filters, water treatment systems, and
controls may be done without a permit, provided such repairs meet
all requirements of these regulations.
(1)
The water pipe from the house to the well pit or pitless adapter
and all wiring shall be properly enclosed.
(2)
All pumps, motors and tanks shall be placed on a suitable foundation,
and all equipment and parts of the system that may require adjustments
or service shall be made readily accessible.
(3)
All pump houses, pump or pipe pits and wells shall be designed and
constructed so as to prevent flooding and otherwise to prevent the
entrance of pollutants or contaminants.
(4)
Well casings shall extend at least 18 inches above the final grade
of the ground surface.
B.
The installation of any water treatment system, including but not limited to water softeners, green sand or charcoal filters, and reverse-osmosis systems, shall be in accordance with all local and state building requirements. The system installer shall obtain the appropriate plumbing and electrical permit(s) from the local authority. Copies of the permit(s), a description of the system installed, a description of any backwash methods used in the system and the place of backwash disposal, and a water analysis report of samples taken after the system is in operation [as required in § 202-3E(4) of this regulation] shall be submitted to the Board of Health within 30 days of installation of the treatment system.
C.
No certificate of occupancy shall be issued until all the provisions
of this regulation have been met. The issuance of said certificates
shall not be construed as a guaranty by the Town of Boxford, or of
its agents, that the water system will function satisfactorily.
[Amended 11-17-2021]
A.
New and
replacement chemically treated utility poles, including but not limited
to utility poles treated with preservatives, fungicides, insecticides
and petroleum products, shall not be installed within 50 feet of any
public or private water supply. The location of all private wells
within 100 feet of any new or replacement chemically treated utility
pole shall be identified on a map and submitted to the Board of Health
(by the installer) prior to installation of the utility pole. Said
map shall contain the location of the proposed utility pole installation,
the wells and sufficient street identifications and landmarks to enable
the Board to identify the area of installation. The Board of Health
may delay or prohibit installation of the proposed utility pole, or
may require its removal, if it is installed prior to Board review,
if the Board finds that the utility pole presents a potential threat
to the public health or the environment.
B.
The Board
of Health strongly recommends that no pesticide be applied in any
form within 100 feet of any public or private potable water supply,
including but not limited to the application of pesticides to turf,
shrubs, trees and agricultural crops, except in those specific cases
where the pesticide has been approved for use by the United States
Environmental Protection Agency in wellhead areas. It is the responsibility
of the pesticide applicator to locate all wells within an area to
be treated prior to application of pesticides and to delineate, if
required, a nonapplication zone around each well.
Every request for a variance from this regulation on a specific
property shall be made by the property owner, in writing, to the Board
of Health and shall state the specific variance sought and the reason
for the request. The Board will notify the applicant of a date for
a hearing to consider the variance within 45 days of receiving said
request. The person requesting the variance shall also be responsible
for notifying all abutters of the variance request as well as the
time and place of the hearing to consider the variance. The Board
of Health shall make a determination on the variance request within
30 days following the variance hearing.
Any person aggrieved by the decision of the Board of Health
may seek relief therefrom within 30 days in any court of competent
jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
A.
The Board of Health, its agents, officers and employees shall have
the authority to enter upon privately owned land for the purpose of
performing their duties for the administration and review of this
regulation and may make or cause to be made such examinations, surveys
or samplings as the Board deems necessary.
B.
The Board of Health shall have the authority to enforce these regulations
and permits issued thereunder by violation notices, administrative
orders and civil and criminal court actions.
C.
Any person who shall violate any provisions of this regulation for
which a penalty is not otherwise provided shall be subject to a fine
of not more than $200. Each day or portion thereof during which a
violation occurs or continues shall constitute a separate offense,
and each provision of the regulation or permit that is violated shall
constitute a separate offense.
So far as the Board of Health may provide, each section of these
rules and regulations shall be construed as separate, and to the end
that if any section, item, sentence, clause or phrase shall be held
invalid for any reason, the remainder of these rules and regulations
shall continue in full force and effect.
This regulation will take effect on or about September 8, 2010.
As required by MGL c. 111, § 31, an attested copy of this
regulation has been filed with the Massachusetts Department of Environmental
Protection and with the Town Clerk of Boxford.
