[HISTORY: Adopted by the Board of Health
of the Town of Boxford as Regulation 1-96; amended in its entirety 9-29-2021. Subsequent amendments noted
where applicable.]
A.
The majority of dwellings in the Town of Boxford, Massachusetts,
rely on private wells as their source of potable water and on septic
systems for the disposal of solid waste. The Board of Health hereby
finds that major earth removal or earth filling projects in the Town
may introduce added burdens on groundwater quality and aquifer recharge,
that such burdens need to be assessed by the Board and that the Town
will incur significant expense in reviewing applications for such
major projects in order to assess the resulting health impacts. For
this reason, the Board of Health for the Town of Boxford, acting under
MGL c. 111, §§ 31, 122 and 143; MGL c. 44, § 53G;
MGL c. 41, § 81U; and MGL c. 40B, § 21, as amended,
in the interest of and for the protection of public health, and in
order to provide for timely and adequate review of applications as
required by statute, has established and adopted the following regulation
concerning requirements for proposed major earth removal or earth
filling projects and any fees associated with review required by the
Board for such projects in Boxford.
B.
These regulations are intended to protect the public and environmental
health, provide adequate water supply and ensure that there will be
adequate protection of wells and septic systems against flooding,
siltation and other drainage problems. These regulations are also
intended to make certain that earth removal or earth filling projects:
(1)
Will maintain a depth to groundwater which is adequate for the construction
of subsurface wastewater disposal systems under both local and state
regulations;
(2)
Will not be injurious to water supplies;
(3)
Will be carried out so as to provide adequate protection against
flooding, siltation and other drainage problems; and
(4)
Will not introduce hazardous materials into the environment.
As used in this regulation, the following terms shall have the
meanings indicated:
The owner of any property that lies within 500 feet radially
from any lot line of the subject property, including those properties
across a traveled way or body of water. In the case of property that
has frontage on a body of water, abutters shall include owners of
all those properties with frontage on the body of water.
Board of Health.
Any application or permit received and to be reviewed by
the Board pursuant to MGL c. 40B, § 21.
Massachusetts Department of Environmental Protection.
The fragmental material composing part of the surface of
the globe (Merriam-Webster). For the purposes of this regulation.
"earth" shall include both organic and inorganic material such as
but not limited to dirt, soil, rocks, stone, gravel, and sand, or
mixtures thereof.
[Added 9-28-2022]
A plan for a specific earth removal project which contains
all information necessary to evaluate the site, a detailed description
of the proposed earth removal operation and the proposed plan for
restoration of the site after the operation is complete.
A quantity of soil, stones, sand, clay, or other earthen
materials used to form embankments, fill depressions or holes, or
change the topography of land in any manner.
Any single parcel of land in the Town of Boxford.
Any proposed action in which fill material in excess of 500
cubic yards per lot or 2,000 cubic yards per project (in the case
of a subdivision project) is brought to a site in Boxford from another
site either in Boxford or from another locality. Movement of fill
between the lots of the same subdivision or in the construction of
a road within a single subdivision or for the construction of a septic
system approved by the Board of Health is exempted from this regulation
for a period not more than three years from the start of subdivision
construction.
Any proposed earth removal operation in which fill material
is removed from a lot and in which the total amount of material removed
exceeds the lesser of 500 cubic yards per lot or 2,000 cubic yards
per project (in the case of a subdivision or project) in aggregate.
Major earth removal projects include the removal of earth from lots
of a subdivision and movement to another, nonsubdivision location
for a period not more than three years from the start of subdivision
construction. Normal earth removal during road construction or during
landshaping on the same lot or during the construction of a septic
system approved by the Board of Health is not considered a major earth
removal project.
Any individual, family, partnership, association, firm, company,
corporation, trust, 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.
Any application or permit received and to be reviewed by
the Board pursuant to MGL c. 41, § 81U. For the purposes
of this regulation, a subdivision shall include all ANR (approval
not required) properties formed from the original land subdivided
during, after or two years prior to the subdivision.
This regulation shall apply to all lots, subdivisions and developments
in the Town of Boxford.
A.
All plans for major earth removal projects proposed in the Town of
Boxford shall be submitted to the Board for review under this regulation.
No such projects shall be started without the written approval of
the Board.
B.
When reviewing an application and plans for, or when conducting inspections
in relation to, major earth removal projects, the Board may determine
that the assistance of outside consultants is warranted due to the
size, scale or complexity of the proposed project, because of the
project's potential impact on health and the environment or because
the town lacks the necessary expertise to perform the work related
to project. Therefore the Board, whenever reviewing the ERRP for a
major earth removal project, may employ outside consultants to assist
in the review or inspection of such projects and may require that
the proposer of the project pay a project review fee to cover the
costs of such outside consultants and a fee to cover the costs of
other reasonable expenses incurred by the Board of Health incident
to its review or inspection services.
C.
The Board will act to determine the need for analysis and assistance
in reviewing a major earth removal project and define the scope of
such needs and assistance within 30 days of receiving the ERRP and
supporting plans and documentation at its offices.
D.
After its review of the application and plans for a major earth removal
project, the Board may require that determinations be made by independent
consultants and contractors hired by the Board to determine and establish
specific information relative to the project. For example, specific
information may be required relative to the operation of the existing
on-site and proposed septic systems, including soil conditions, surface
drainage calculations, hydrogeologic determinations and descriptions
of groundwater resources and movement, effects of precipitation and
irrigation and any wastewater treatment methodology. Information on
the impact of the project on private and public water supplies and
supply sources, such as surface waters and aquifers and wetlands,
may also be required.
E.
Earth removal plans and standards.
(1)
Any removal of more than 500 cubic yards of earth from any lot or more than 2000 yards from a subdivision or development in the Town of Boxford, including the movement of earth between lots of a subdivision as defined in § 205-2 of this regulation and without the written approval of the Board, constitutes a violation of this regulation.
(2)
An earth removal-restoration plan (ERRP) for any proposed earth removal operation exceeding the lesser of 500 cubic yards per lot or 2,000 cubic yards per project in aggregate for a subdivision or development shall be filed with the Board for its review and approval. The Board shall review and approve or disapprove of the plan within 30 days of receiving said plan at its offices. The Board may also grant a preliminary approval of the project conditional on the successful completion of additional information and studies related to the proposed project as described in § 205-4A through D, inclusive, of this regulation.
(3)
The ERRP must be prepared by a registered engineer or registered
land surveyor, at a scale of 80 feet to the inch or less, and must
contain all information necessary to evaluate the site, the proposed
earth removal operation and the proposed restoration of the site after
the operation is complete. The ERRP shall include, at a minimum, the
following:
(a)
The location of the perimeter of the proposed excavation.
(b)
Property lines, abutting owners of record and buildings or other
structures on the property or within 200 feet of the site boundaries
or within 500 feet of the earth removal operation site.
(c)
The location of all private wells within 150 feet and public
wells within 1,000 feet of the earth removal operation site.
(d)
The location of walls, fences, test pits, test borings, observation
wells with logs, streams and pools and wetlands on the site and any
steams, pools, water bodies and wetlands on abutting properties within
150 feet of the earth removal operation site.
(e)
At least one permanent bench mark, with elevations thereon,
used in the topographical surveying of the property, and referenced
to the National Geodetic Vertical Datum (NGVD).
(f)
The location of adjacent public streets, private ways and service
roads.
(g)
The perimeter and topography of any existing excavation as of
the date of the application.
(h)
The depth of removal within the area, shown by five-foot contours
or other contour interval found to be appropriate by the Board, and
final spot elevations.
(i)
The proposed lateral support to all adjacent properties.
(j)
Details on the proper provision for safe and adequate water
supply and sanitary sewage disposal, and for the temporary and permanent
drainage on the site.
(k)
Topography shown by five-foot contours or other contour interval
found to be appropriate by the Board, and spot elevations of the area
of removal as restored and to at least 200 feet beyond the perimeter
of that area.
(l)
The location and method used in providing permanent drainage
and erosion and sediment control on the site.
(m)
The location of proposed lot lines, if any, as shown on a preliminary
or definitive subdivision plan filed with the Boxford Planning Board.
(n)
Written evidence that health and safety concerns have been adequately
addressed with provisions which shall be maintained throughout the
proposed operation.
(4)
Further, the following, minimum requirements must be met for an earth
removal project in areas which may be used for installation of septic
systems:
(5)
Further, the following requirements must be met during earth removal
and restoration activities:
(a)
There shall be no potential adverse effect on public health
or safety, or to the health and safety of persons living, working
or otherwise present in the neighborhood, due to excessive noise,
dust or any other condition which may result from the proposed operation.
(b)
There will be no potential adverse impact on surface waters
or public or private wells as a result of the proposed operation.
(c)
Lateral support shall be maintained for all adjacent properties,
and no banks shall be left after completion of operations with a slope
which exceeds one foot vertical rise in four feet of horizontal distance.
(d)
Any access to an excavated area shall be adequately posted with
"Keep Out" and "Danger" signs.
(e)
During operations, any excavation quarry, bank or work face
having a depth of 10 feet or more and/or creating a slope of more
than 30° downward shall be fenced. Such fence shall be located
10 or more feet from the upper edge of the excavation and shall be
at least six feet in height.
(f)
No boulders in excess of a volume of 20 cubic yards, and no
trees, stumps, demolition materials or construction waste materials
shall be buried on the site.
(g)
Notwithstanding any standard otherwise required in this regulation,
operation and restoration of the site shall comply with the standards
contained in the Massachusetts Conservation Guide, Volumes I and II,
United States Department of Agriculture Soil Conservation Service.
(h)
At the end of the restoration, the areas subject to this regulation
shall be covered with a minimum of four inches of compacted topsoil
and seeded with an appropriate grass or legume.
A.
Any project in the Town of Boxford proposing to move more than 500 cubic yards of fill to a single lot or more than 2,000 cubic yards of fill to a single project, except as defined above in § 205-2 of this regulation, must be reported to the Board of Health and must receive the Board's approval.
B.
A written, signed letter must be submitted to the Board, requesting
a permit to move soils/earth onto a property. The application shall
include the following:
(1)
The address and owner of the site in Boxford to receive the fill.
(2)
The approximate amount of fill to be moved to the accepting site.
(3)
At least seven days before any fill is brought onto the property, an invoice shall be submitted to the Board clearly identifying the source of the fill including address, property owner and the nature of the site (such as residential industrial, landfill, hazardous waste site, etc.). If the site is a nonresidential site, a site plan shall be submitted showing the approximate location of the fill origin on the site. No fill shall be brought onto the property until the owner is notified by the BOH. The Board may halt delivery of the fill to the property if it determines that testing of the fill is required (see § 205-5C).
(4)
The name, address and contact person of the company moving the fill.
(5)
If the fill is from a site under DEP directive, the name, address
and telephone number of the LSP (licensed site professional) in charge
of the site.
(6)
Any letters, test results and plans related to the site from the
DEP or to the DEP. If none are known to exist, the applicant shall
state this.
C.
Upon receipt of the information stipulated in § 205-5B of this regulation, the Board shall review and approve or disapprove the proposed filling operation within 30 days. The Board may also grant a preliminary approval of the proposed filling operation conditional on receiving additional information and testing results on the material to be moved.
D.
Additional testing.
(1)
The Board may require that additional testing be carried out at the
expense of the applicant on the proposed fill material. This may include,
but is not inclusive of, the following tests:
(a)
Total metals (EPA method 3005/3050 or equivalent).
(b)
Volatile organics (EPA method 8260 or equivalent).
(c)
Polychlorinated biphenys (EPA method 8080 or equivalent).
(d)
Organochlorine pesticides (EPA method 8080 or equivalent).
(e)
Hydrocarbon scan (EPA method 8100M or equivalent).
(f)
Polyaromatic (polynuclear) aromatics (EPA method 8260 or equivalent).
(g)
Per/polyfluorinated alkyl substances (EPA method 533, 537.1,
or 8327 as determined by the Board).
(2)
All analyses shall be carried out by an EPA certified laboratory
certified for each method. All samples shall be traceable to the specific
site of origin on the site plan. Chain-of-custody documentation shall
be provided to the Board for all samples.
(3)
The Board will act to determine whether additional testing is required for the proposed fill within the thirty-day review period stipulated in § 205-5C of this regulation.
(4)
The Board reserves the right to prohibit the tested soil/earth from
being moved onto a subject property if any of the materials tested
for exceed Massachusetts and federal maximum allowed levels.
E.
When reviewing an application for or data in relation to a major earth filling project, the Board may determine that the assistance of outside consultants is warranted due to the nature of the fill material and proposed site where the fill will be deposited. In such cases the Board may employ outside consultants and may require that the proposer of the project pay a project review fee to cover the costs of such outside consultants and an additional fee to cover the costs of other reasonable expenses incurred by the Board incident to its review or inspection services. The Board will act to determine the need for assistance within the thirty-day review period defined in § 205-5C of this regulation.
A.
In hiring outside consultants, the Board may engage engineers, planners,
legal counsel, urban designers or other appropriate professionals
who can assist the Board in analyzing a project to ensure compliance
with all relevant laws, ordinances and bylaws and regulations. Such
assistance may include, but is not limited to, analyzing the ERRP,
monitoring or inspecting a project or site for compliance with the
Board's decision or regulations or inspecting a project during
operations.
B.
The minimum qualifications for any outside consultant employed pursuant
to this regulation shall consist of an educational degree in or related
to the field at issue or three or more years of practice in the field
at issue or a related field.
C.
For purposes of expediency, the Board may, in advance, prequalify
outside consultants and form a list of such prequalified consultants.
This list shall then be used by the applicant to select the outside
consultant, subject to final approval by the Board.
A.
Funds received by the Board pursuant to this regulation shall be
deposited with the Town Treasurer who shall establish a special account
for this purpose. Expenditures from this special account may be made
at the direction of the Board without further appropriation. Expenditures
from this special account shall be made only for services rendered
in connection with a specific project or projects for which a project
review fee has been or will be collected from the applicant. Accrued
interest may also be spent for this purpose. Failure of an applicant
to pay a review fee shall be grounds for denial of the ERRP or an
earth filling application.
B.
Upon completion of the Board's review of a project, any excess
amount in the account, including interest, attributable to a specific
project shall be repaid to the applicant or the applicant's successor
in interest. A final report of said account shall be made available
to the applicant or the applicant's successor in interest. For
the purpose of this regulation, any person or entity claiming to be
an applicant's successor in interest shall provide the Board
with documentation establishing such succession in interest.
Every request for a variance from this regulation shall be made
in writing to the Board of Health within 15 days of a determination
by the Board 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 30 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.
No well permits nor disposal works construction permits shall
be granted for any project subject to this regulation until the Board
has approved the ERRP, the earth filling proposal or any additional
studies required under this regulation.
A.
Any applicant to whom an order has been served pursuant to this regulation
may request a hearing before the BOH by filing a written petition
within seven days. Upon receipt of such petition, the BOH shall schedule
a hearing within 30 days. Anyone aggrieved by the decision of the
BOH may seek relief therefrom within 60 days in a court of competent
jurisdiction.
Each section of this regulation 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.
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 make such examinations, surveys
or samplings as the Board deems necessary.
B.
The Board shall have the authority to enforce this regulation and
orders and permits issued thereunder by violation notices, administrative
orders and civil and criminal court actions.
C.
Any person who violates any provision of this regulation or orders
or permits issued hereunder shall be subject to a fine of not more
than $300 per truckload of material removed or brought to a property.
Estimates on total truckloads of material taken from or brought to
a property shall be made by the Board of Health or its Agent.
This regulation will take effect on or about June 12, 1996,
and after publication of a notice of this regulation in a newspaper
circulated in the Town of Boxford. 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 Boxford Town Clerk.
