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Town of Fairhaven, MA
Bristol County
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[HISTORY: Adopted by the Board of Health of the Town of Fairhaven 6-14-1996 (Ch. VI of the 1979 Regulations). Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 158.
Individual sewage disposal systems — See Ch. 432.
This regulation is adopted by the Fairhaven Board of Health under MGL c. 111, § 31, to protect the public health, safety and welfare of the residents of West Island in the Town of Fairhaven.
A. 
The purpose of this regulation is to provide for proper drainage and sewerage, to conserve natural resources and to prevent pollution and degradation of the natural environment.
B. 
The town intends to construct a sewage treatment system to service portions of West Island. The capacity of that system will be limited by deed restrictions imposed by the Department of Environmental Management, as well as by flow limitations, subsurface sewage disposal conditions and long-term effluent acceptance rate of the subsurface disposal site for the system.
The Board of Health shall not approve any upgrade, expansion or replacement of an on-site subsurface sewage disposal system for any existing dwelling unit or building if a sanitary sewer abuts the property and approval for connection into the sanitary sewer is granted by the Board of Health and other approving authorities.
All existing buildings and all buildings for which a building permit was issued prior to January 28, 1996, shall be required to connect to the sewer system if it abuts the property and if the connection is within the design limits of the system. The connection will be made in a manner and within a period of time consistent with Chapter 158, Sewers. No other dwelling, unit or building shall be allowed to connect to the system.
No dwelling unit or building which existed or for which a building permit was issued prior to January 28, 1996, and is located on property which abuts the proposed system shall be increased in size or otherwise altered in such a way as to increase the total number of bedrooms per dwelling unit beyond two, as defined by 310 CMR 15.002, Bedroom.
The original regulation, Chapter VI of the Fairhaven Board of Health Rules and Regulations, was duly adopted by the Board of Health on January 28, 1996. This amended regulation shall take effect upon its publication, June 14, 1996.