[HISTORY: Adopted by the Board of Health of the Town of Orange effective
5-4-1990. Amendments noted where applicable.]
The purpose of this regulation is to ensure housing units, not accessible
to the public water supply, of safe drinking water from private wells, and
to insure the safe destruction of abandoned private wells and to provide for
the protection of the Town's groundwater resources. Private well contamination,
in the past, has led to exposure to contaminated drinking waters.
The authority for this chapter is as follows: MGL c.111, §§ 31,
122, 122A, 127, 143, 155, 187, 188, 310 CMR 11.02: "board of health may make
responsible health regulations"; and MGL c.40, § 54, requires that
"no building permit be issued to a property without a potable water supply.
Water Supply Officials are responsible for regulating and monitoring public
water." "The regulation of private wells is the responsibility of local boards
of health."
As used in this chapter, the following terms shall have the meanings
indicated:
A well that meets any of the following criteria:
Construction was terminated prior to completion of the well;
The well owner declares that use of the well has been permanently discontinued;
The well is in such a state of disrepair that its continued use is impractical,
or
The well has the potential for transmitting contaminants from the land
surface into an aquifer or from one aquifer to another and the situation cannot
be corrected.
Any person authorized in writing, including minutes, by the Board
to act under these regulations No agent may vary any provision of these regulations.
No agent may vary any provision of these regulations without the approval
of the Board.
The Board of Health, or its authorized agent.
Any non-public well serving less than 15 houses and serving fewer
than 25 people as defined in 310 CMR 22.02.
A certificate issued by the Board of Health which authorized the
use of a private well as a supply of drinking water.
Includes any dug, driven or drilled well, or any other source of
water, to be used for the purpose of supplying water in the Town.
Any person, association, partnership, company, corporation, or trust
that constructs a well and is licensed by the Division of Water Resources.
A private well construction or destruction permit shall be obtained
from the Board of Health prior to construction or destruction of any private
well.
A well that is abandoned shall be destroyed to protect the groundwater
supply and to eliminate potential physical hazards.
No person shall construct or destroy a private well within the boundaries
of ____________ unless registered with the Division of Water Resources as
required by state regulation 313 CMR 3.00. A copy of the well driver's
certificate of registration must accompany the application or permit.
A.
Well location criteria shall include the following minimum
lateral distances from the well site to the following:
|
Item
|
Required Distance
(feet)
| |
|---|---|---|
|
Subsurface sewage disposal field (in use, abandoned or reserve area)
|
150
| |
|
Cesspool — seepage pit
|
150
| |
|
Septic tank
|
50
| |
|
Sewer line with watertight joints
|
25
| |
|
Defined property line
|
25
| |
|
Public way (from defined property line)
|
50
| |
|
Subsurface fuel storage tank
|
150
| |
|
Driveways
|
15
| |
|
Swamps, marshes, wetlands, floodplains, brooks, streams, ponds, lake
or seasonal streams[1]
|
25
| |
|
Dwelling or other structure
|
25
| |
|
Surface or subsurface drains
|
25
| |
|
Utility right-of-way
|
100
| |
|
Gas line or overhead electric distribution line
|
25
| |
|
Stables, barnyards, feedlots, manure piles, manure storage tanks
|
150
|
[1]
NOTE: This distance shall be measured laterally from the high-water
mark or wetland determination bound. Any work proposed in a wetland buffer
zone requires permission of the local Conservation Commission prior to issuance
of a permit to construct a well.
B.
Where deemed necessary or appropriate by the Board of
Health for the protection of the waste supply or public health, the above
distances may be increased, or reasonable means of protection may be required
or both. The Board may impose minimum lateral distance requirements from other
potential sources of contamination not listed above. All such requirements
shall be added by the Board as conditions of the well construction permit.
C.
The well shall be located upgradient of all potential
sources of contamination and shall be as far removed from potential sources
of contamination as the general layout of the premises and surroundings permit.
Furthermore, wells shall not be located in topographically low areas where
surface water runoff could accumulate. Additionally, every well shall be located
so that it will be reasonably accessible with proper equipment for repair,
maintenance, testing, and inspection.
D.
The generalities of the aforesaid notwithstanding, no
one shall position, locate, drill or dig a well or cause the same to be done
in such a manner as to limit the use or enjoyment of any neighboring property
in any manner whatsoever.
A.
An application for a well construction or destruction
permit shall be submitted by the property owner or owner's agent to the
Board of Health on a form provided by the Board of Health.
B.
A description of the property sufficient to identify
and locate the property on the ground, the location of the existing or proposed
private well, to be destroyed or constructed, and a general summary of any
possible sources of contamination shall be submitted to the Board of Health
with the permit application.
C.
The application for a well destruction permit shall be
accompanied by a plot plan with dimensions identifying the location of the
well.
D.
The application for a well construction permit shall
be accompanied by an extended plot plan which will show dimensions from a
distance of within 200 feet of the proposed well site to the following (NOTE:
Best available adjacent plot information will be required. Acceptable information
sources shall include Board of Health records, on-site inspection, or other
official records.):
(1)
Existing and proposed structures.
(2)
Surface waters and surface drainage courses.
(3)
Subsurface sewage disposal, field, trenches, or pits,
and adjoining septic tanks, or cesspools.
(4)
Subsurface fuel storage tanks.
(5)
Other potential sources of pollution an experienced well
driller should reasonably be expected to recognize.
(6)
Property lines, and abutting land owners.
(7)
Public way.
(8)
Topographically, the well shall be located above the
elevation of any proposed septic system or known source of contamination within
reason.
E.
The Board of Health will charge a fee, to be set by the
Board of Health, for a well construction permit or a well destruction permit.
F.
The Board of Health may require well location and construction
modifications where reasonable health threats exist or when unusual hardships
exist and equivalent water quality protection may be provided.
G.
Well construction may proceed upon approval of application
permit.
H.
All permits for well construction and destruction shall
expire at the end of 12 months from the date of issuance. Permits may be extended
for an additional six months if a written request is received by the Board
of Health prior to the expiration date. No additional fee shall be charged
for an extension. provided there is no change in the plans for the proposed
well. After the permit has expired, a new application and a new application
fee must be submitted.
All wells shall be constructed in compliance with the sections of the
Private Well Guidelines of the Department of Environmental Protection's
Division of Water Supply. October 30, 1989, that apply to well construction
and well decommissioning (pages 22 to 67 and pages 92 to 101). The Guidelines
constitute part of these regulations and are incorporated herein by reference.
The following shall be required for a water supply certification which
shall be required for the operation of a new well and/or the issuance of a
building permit in the Town of Orange:
A.
For homes which will be served by private wells the following
must be provided within 30 days of well completion:
(2)
A well construction permit issued by the Board of Health
to document that the application has been approved.
(3)
A copy of the Water Well Completion Report as required
by the Division of Water Resources is to be provided by the well driller.
(4)
Water quality analysis.
(a)
A water quality analysis that meets the minimum acceptable standards
listed below:
|
Substance
|
Measurement
| |
|
Coliform bacteria
|
Nondetected
| |
|
Sodium (Na)
|
20 mg/l
| |
|
Chloride (Cl)
|
250 mg/l
| |
|
Nitrate nitrogen (NO3)
|
10 mg/l
| |
|
Nitrate nitrogen
|
0.001 mg/l
|
(b)
Additional or repeated tests may be required by the Board
where, in the opinion of the Board, it is necessary for the protection of
the public health, safety and welfare.
(c)
In addition, the following water quality tests and standards
will be required to be conducted for the informational benefit of the landowner:
|
Substance
|
Measurement
| |
|
Iron (Fe)
|
0.3 mg/l
| |
|
Manganese (Mn)
|
0.05 mg/l
| |
|
pH
|
6.5 to 8.5
| |
|
Total hardness
|
180 mg/l
| |
|
Turbidity
|
5 units
| |
|
Color
|
15 units
|
(d)
The results of such tests shall also be provided to the
owner of the property to be served by the well and all tests shall be performed
by a DEP-approved laboratory. The Board of Health may require additional water
quality tests where reasonable contamination threats are known to exist.
(e)
The water samples submitted for testing must be collected by
a representative of the certified water testing laboratory or by an agent
of the Board of Health.
(5)
A Certificate of Yield by the well driller or pump installer,
that water quantity standards have been met as required below:
(a)
Yield test pumping shall be conducted at a rate at least
equal to the pumping rate expected during normal well use and shall be conducted
for a minimum of four hours.
(b)
Minimum well yield.
[1]
The required minimum well yield will vary depending on the depth
of the well. Overall, a well is required to yield 110 gallons per bedroom
per day as per Title V. In specifics. the minimum well yield shall conform
to the following table.
|
Depths of Well
(feet)
|
Gallon/Minute for 4 Hours
| |
|---|---|---|
|
0 to 150
|
4
| |
|
150 to 200
|
3
| |
|
200 to 250
|
2
| |
|
250 to 300
|
1
| |
|
300 and deeper
|
1/2
|
[2]
In no instance shall a well be permitted with a yield of less
than 1/2 gallon/minute.
(6)
Upon receipt of all the above documents, the Board of
Health shall determine whether the water supply meets all the water quantity
and water quality requirements for private water supplies in the Town of Orange.
(a)
Upon an affirmative determination, the Board of Health
shall issue a water supply certificate.
(b)
Upon a negative determination, or if the Board deems
it necessary to protect the public health, safety and welfare, the Board shall
issue a water supply disapproval letter which requires additional water quality
analysis, or quantity testing, or both.
(c)
The Board may, at its discretion, issue a conditional
water supply certificate. A conditional certificate shall set forth the conditions
which the Board deems necessary to ensure fitness, purify, and quantity of
the water derived from that well. This may include, but not be limited to,
requiring treatment of the water or regular testing. In the event of failing
the above-required water quality test, the proponent may prove that the standards
are met after treatment. The Board of Health must be satisfied that the type
of treatment is appropriate, and that the treatment will be maintained.
Prior to a change in ownership or use, all wells must have their water
tested as required in § 291-10D. Proof of water quality testing
and a copy of the report(s) must be submitted to the Board of Health or its
agent as well as to the purchaser, no later than 30 days before a change of
ownership of a well, or a change in use. There shall be a filing fee, which
shall be established by the Board of Health, for the filing of this report.
All abandoned wells shall be destroyed in compliance with the DEP Private
Well Guidelines, October, 1989. The Guidelines constitute part of this regulation
and are incorporated herein by reference.
The Board of Health incorporates by reference and makes a part hereof
as part of their regulations, the DEP Private Well Guidelines, October, 1989.
Whosoever violates any of these rules and regulations shall, upon conviction,
be fined not less than $10 nor more than $300, except when otherwise provided
by law.
In the event that an provision of this regulation shall be deemed invalid,
unreasonable, or unenforceable by any court of competent jurisdiction, such
provision shall be stricken from the regulation or modified so as to render
it reasonable, and the remaining provisions shall continue in full force and
effect and be binding so long as such remaining or modified provisions reflect
the intent of the parties and are valid under existing state law.
These regulations or any portion 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 petitions.
A.
The Board of Health may vary the application of any provision
of these regulations with respect to any particular case when, in the Board's
opinion, both of the following conditions are fulfilled:
(1)
The enforcement thereof would do manifest injustice;
and
(2)
The applicant has proven that the same degree of environmental
protection, and protection of the public health, safety and welfare, can be
achieved without strict application of the particular provision. The alternative
means of protection shall be detailed and documented by the applicant to the
satisfaction of the Board.
B.
Every request for a variance shall be made in writing
and shall state the specific variance sought and the reasons therefor.
C.
Any variance granted by the Board shall be in writing.
Any denial of a variance shall also be in writing and shall contain a brief
statement of the reasons for denial. A copy of each variance shall be conspicuously
posted for 30 days following its issuance and shall be available to the public
at all reasonable hours. No work shall be done under any variance until 30
days elapse from its issuance, unless the Board certifies in writing that
an emergency exists.
D.
Any variance may be subject to such qualification as
the Board expresses in its grant of the variance. A variance may 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,
in conformity with the requirements of Title 1 of the State Environmental
Code (CMR 310.11.00) for orders and hearings.
This regulation shall go into effect on May 4, 1990.
