(6)
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A Disposal System Construction Permit application includes 3
appointments with an agent of the Board. Such appointments may pertain
to a review of the plans or to an on-site visit and inspections or
to a consultation, or a combination of any of the above. Should additional
appointments be needed to obtain application/plan/permit approval,
they may be scheduled upon prepayment of the inspection fees as established
by the Board. If ownership changes, existing permits are not transferable
and the new owner(s) must take out a new permit and pay associated
fees established by the Board.
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(3)
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The site examination shall be made to determine if the size
of the lot is compatible with the proposed sewage disposal system
and should be made with regards to the distances as outlined in 310
CMR 15.211 and the requirements of 310 CMR 15.220. The site examination
shall not be made during the time the ground is covered by snow.
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(6)
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Soil evaluations to determine high groundwater levels may be
done at any time of the year. The procedures described in 15.103 shall
be followed, specifically (3)(a) "soil color using the Munsell System,"
and (3)(b) observation of water levels in test pits and using a monitor
well to determine an adjustment factor and the Frimpter Method when
mottles are not present or their use is questionable. All groundwater
levels measured are subject to a seasonal groundwater adjustment as
accepted by the Board using current data from U.S. Geological Survey
wells, reported on the USGS website (http://waterdata.usgs.gov/nwis)
under "Current Conditions for Massachusetts — Groundwater."
Wells used for adjustment factors determination must be acceptable
to the Board and may be varied on a case by case basis. Specific guidance
shall be requested from the Board on comparison wells to use before
calculating adjustment factors.
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Other adjustment values may be allowed or required by the Board
on a case by case basis if supported by a preponderance of technical
evidence to support such proposal by the design engineer or the Board.
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A completed soil evaluation application shall consist of the
application form, the required fee and a drawn-to-scale locus plan,
no smaller than drawn on a scale of 50 feet to an inch, showing the
proposed lot, the proposed location of the test holes and indicating
generally the location of any water supplies, Zones I or II or Interim
Wellhead Protection Areas (IWPAs), disposal systems or wetlands within
200 feet of the lot being tested as well as the distance to the nearest
intersecting street. If there are no water supplies, Zones I, II or
IWPAs, disposal systems or wetlands within that distance, it shall
be so stated on the locus plan. In cases where wetlands are involved,
a letter of approval must be received by the Board from the Conservation
Commission prior to testing.
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There shall be a minimum of 4 deep test pits evenly distributed
within the limits of the proposed leaching area and integrated expansion
area, plus any others that might be designated by the Board's
Agent, either at the time of testing or during the plan review period.
If ledge is encountered or indicated, additional pits must be dug
to determine its limits. Deep test pits shall be dug to a minimum
depth of 5 feet below the bottom of the proposed leaching area, and
in no event less than 10 feet deep. Deeper test pits are recommended
when groundwater adjustment factors are necessary. The results of
the deep tests pits shall be shown in a graphical log format, showing
soil strata with elevation and soils color. Deep test pits shall be
filled in as soon as the required or necessary information has been
obtained to prevent accidents to children or animals. Should additional
water observations be required, an acceptable alternative to re-digging
the hole would be the installation of an open perforated pipe at least
4 inches in diameter. This pipe shall be capped at the top and mounded
at the surface level to preclude the introduction of surface water.
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(7)
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Soils evaluation data is good indefinitely as long as a survey
plan by a Registered Land Surveyor is provided with the soils evaluator
report showing the location of the test pits on USGS datum. If a survey
plan is not provided, the soils evaluation is good for two years from
the date of the testing, after which the testing must be repeated.
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(6)
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Percolation testing may be done at any time of the year, in
conjunction with groundwater determinations, provided the soil to
be tested is below the frozen soil layer.
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(4)
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An individual sewage disposal system serving a single dwelling
shall be located entirely within the bounds of the lot on which the
dwelling is situated and cross no lot lines. Nitrogen loading calculations
shall be within the same lot and cross no lot lines.
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a.
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A signed statement by the Engineer of record reporting the basis
and calculations for the system design shall be included as well as
the number of bedrooms and facilities to be installed which will discharge
into the sewage disposal system. For purposes of design of the sewage
disposal system, a bedroom is any room other than a kitchen, dining
room, living room, bathroom, den, office, playroom, family room, and/or
library on the first floor. Any room (not equipped as a kitchen) on
any level that has a door leading into a bathroom with a tub or shower
shall be considered a bedroom. Any room above the first floor shall
be considered a bedroom. Any room in the basement level (regardless
of whether or not there is a finished ceiling or floor covering material)
may be considered a bedroom if the room has a door, a window, an emergency
egress window, and there is a full bathroom (consisting of toilet,
sink, shower or tub) on that level. An open area without a door may
have a half bathroom (sink and toilet). Any detached structure (except
those determined by Planning and Zoning or the Board of Appeals as
a legal dwelling unit) may only have a half bathroom (sink and toilet)
and cannot be recognized as a legal dwelling unit or a bedroom. Plans
shall include any additional details or notes requested by the Board
or its Agent.
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b.
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Four copies of the sewage disposal system plan shall be submitted
to the Board.
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w.
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The plan for the sewage disposal system shall include the existing
and proposed spot elevations and contours of the final lot grades,
bottom of test pit, water table or ledge, top and bottom of foundation
and bottom of soil absorption system. Test pit data shall be shown
in graphical format with elevations. A cross-section through the system
from high to low elevation shall be shown.
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x.
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The plan shall include the invert elevations of the house sewer,
inlet and outlet pipes of septic tank, inlet and outlet pipes of distribution
box, and beginning and end of pipes in soil absorption system.
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(14)
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No septic system shall be installed until the major plumbing
is in the house, unless this requirement is waived by the Board's
Agent. Installation of septic systems is prohibited during the months
of December, January and February. Any system already in progress
prior to December 1 shall have all work, including all inspections,
final grading, loaming and seeding, completed prior to the winter
cutoff date of November 30. If circumstances such as freezing temperatures
do not permit the application of loam and seed, the installer shall
stabilize all sloped areas susceptible to soil erosion using hay,
anchored filter fabric or jute mesh. This regulation may be waived
by the Board or its Agent.
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(15)
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When no approved sanitary facilities exist on the site, all
builders, contractors, owners or others must provide approved temporary
facilities at their work site for the convenience of persons engaged
in working on that site. It shall be properly maintained on the site
from the first day of operation until final approval of the water
supply and a certificate of compliance has been issued and permanent
facilities can be used by the workers. This applies to all work sites
that are engaged in the construction, including, but not limited to,
new buildings, additions to existing structures, road construction,
recreation areas and others at the discretion of the Board or its
Agent.
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a.
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The construction of leaching facilities in fill placed directly
on or close to ledge, hardpan, clay or other impervious material shall
not be permitted. The construction of leaching facilities in clean
granular fill shall be permitted in the following instances:
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1.
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Where the impervious material can be excavated to pervious material
below (determined by a percolation test) and be replaced with clean
fill and the underlying naturally occurring pervious strata is at
least 4 feet thick.
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2.
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Where a depth of at least 4 feet of pervious material (determined by a percolation test) in natural soil can be maintained below the bottom of the leaching area. In no case will excavation into impervious material be allowed without penetrating into pervious material as in Subsection a above.
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b.
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No soil absorption system or alternative system for new construction on a previously undeveloped lot shall be installed in areas where the maximum seasonal high groundwater elevation (SHGW) occurring at any time is less than or equal to 3 feet below the existing natural ground surface (method of assessment 310 CMR 15.103). The Board may waive this requirement (and/or the maximum allowable percolation rate specified in § 217-3C(11)) on a case by case basis if a site specific groundwater computer model analysis is submitted for review showing that, given site-specific conditions (percolation rate, soil depth, site slope, etc.), there is no significant risk (as determined by the Board or its Agent) of sewage breakout. The hydraulic condition model must begin with the seasonal high groundwater elevation, add the groundwater mound simulated for steady state (at least 10 years continuous) operation of the subject septic system's soil absorption system at permitted flow rates for Title 5 or Town of Dover for the particular site use and then add the 25-year rainfall event. To pass the evaluation and not be determined to pose a significant risk of sewage breakout, the final modeled high groundwater elevation must be shown to be at least one foot below the proposed surface topography at all locations on the subject lot and within 100 feet of the proposed soil absorption system. Additional distance may be required if site conditions warrant. The methodology used in this modeling must match that used by ESA in its April 13, 2004 report to the Board or an equivalent as approved by the Board's review consultant, whose review shall be paid for (per § 217-4) by the Applicant. Applicants are required to consult with the Board prior to submitting an application or calculations to establish criteria for this work.
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Any site previously evaluated prior to the effective date of
these revised regulations which was determined to be unsuitable for
new construction due to groundwater less than 3 feet from the surface
and/or percolation test rate over 25 MPI shall continue to be considered
unsuitable for construction by the Board, until such time as a new
application is filed which utilizes a computer model as described
above to prove that a sewage break-out does not occur.
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Repairs or replacements of existing systems may be installed
where 3 feet or less natural soil exists above the maximum groundwater
level and no suitable alternate site exists, provided that Title V
shall be applicable for determining maximum groundwater elevation
for such systems.
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c.
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No subsurface sewage disposal system shall be constructed in
any area which is subject to periodic flooding.
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d.
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Lowering the water table or dewatering the lot through the use
of interceptor or curtain drains to permit marginal or unacceptable
conditions to be improved to meet minimum requirements for the installation
of subsurface sewage disposal systems is prohibited by the Board.
The Board reserves the right to approve the installation of an interceptor
drain for rehabilitation of an existing, failed system.
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a.
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For new construction on previously undeveloped lots, area requirements
shall be increased by 50% in the event that garbage grinders are later
installed against Board recommendations. For existing construction,
if a system is upgraded without increasing the soil absorption system
area by this additional 50%, a deed restriction prohibiting installation
of a garbage grinder will be required.
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a.
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The maximum allowable percolation rate for new construction on a previously undeveloped lot shall be 25 minutes per inch in order for soil to be considered suitable for the subsurface disposal of sewage. A rate exceeding 25 minutes per inch may be acceptable to the Board if it can be shown that sewage break-out will not occur. See Subsection C(10)b above and the description of the basis for specific site analysis required.
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(3)
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For new construction on a previously undeveloped lot, a reserve
area of at least equal capacity suitable for subsurface sewage disposal
and upon which no permanent structure will be constructed shall be
provided and designed for all sewage disposal systems. Limit of excavation
must be completed if required by the Board or its Agent. For up-grades,
a reserve area may be required on a case by case basis, by the Board
or its Agent.
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(a)
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Insert after 15.251(1)(e) the following:
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(f)
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Spacing. Trench spacing shall meet Title V unless the Board
or its Agent determines that a greater distance is necessary.
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(g)
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All soil absorption systems shall be vented, regardless of distribution
pipe length.
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a.
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The Board may establish any special conditions necessary to
ensure adequate protection of public health and safety and the environment
and to ensure appropriate evaluation and testing. Such conditions
may include, without limitation: specification of site treatment or
effluent characteristics; flow limitations; monitoring; testing; and
reporting requirements; a requirement that a certified operator operate
the system; or financial assurance mechanisms. The Board may also
specify changes or modifications of requirements otherwise applicable
to conventional systems that are appropriate for use of the shared
systems.
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(6)
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Every owner or agent of a premises in which there are any private
sewers, individual sewage disposal systems or other means of sewage
disposal shall keep the sewers and disposal systems in proper operational
condition and shall have such works cleaned or repaired at such time
as ordered by the Board. If the owner or agent of the premises fails
to comply with such order, the Board may cause the works to be cleaned
or repaired and all expenses incurred to be paid by the owner. Sewage
disposal works shall be maintained in a manner that will not create
objectionable conditions or cause the works to become a source of
pollution to any of the waters of the Commonwealth.
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