These regulations are intended to protect the public health, safety
and general welfare by ensuring that private wells are constructed in a manner
which will protect the quality of the groundwater derived from private wells.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED WELL
A private well that has not been used for drinking water for a period
of one year or more and which the owner declares, in writing, to be permanently
discontinued for supplying water.
AGENT
Any person designated and authorized by the Board to execute these
regulations. The agent shall have all the authority of the appointing Board
and shall be directly responsible to the Board and under its direction and
control.
APPLICANT
Any person who intends to have a private well constructed or destroyed.
BOARD
The Board of Health of Southwick, Massachusetts, or its authorized
agent.
BUSINESS OF DIGGING OR DRILLING
A person who charges a fee for digging or drilling a well or a person
who advertises for hire the availability to dig or drill wells within the
Commonwealth of Massachusetts.
CASING
Impervious durable pipe placed in a boring to prevent the walls from
caving and to serve as a vertical conduit for water in a well.
CERTIFIED LABORATORY
Any laboratory which has full certification by the Department of
Environmental Protection as provided in the most recent edition of "Certification
Status of Commercial Environmental Laboratories."
MONITORING WELL
A well used to evaluate groundwater elevations and characteristics;
not intended as a potable water supply.
PRIVATE WELL
Any dug, driven or drilled hole with a depth greater than its largest
surface diameter developed to supply water intended and/or used for human
consumption and not subject to regulation by 310 CMR 22.00.
PUMPING TEST
A procedure used to determine the characteristics of a well and adjacent
aquifer by installing and operating a pump.
REGISTERED WELL DRILLER
Any person registered with the Department of Environmental Management/Division
of Water Resources to dig or drill wells in the Commonwealth of Massachusetts.
STRUCTURE
A combination of materials assembled at a fixed location to give
support or shelter, such as a building, framework, retaining wall, fence or
the like.
WATER SUPPLY CERTIFICATE
A certificate issued by the Board of Health which authorizes the
use of a private well as a supply of drinking water.
The property owner or his designated representative shall obtain a permit
from the Board of Health prior to the commencement of construction of a private
well. An application for a well construction permit shall be submitted by
the property owner to the Board of Health on a form provided by the Board
of Health.
A. Contents of application.
(1) Each permit application to construct a well shall include
the following:
(a) The property owner's name and address.
(b) The well driller's name and copy of the well driller's
license. (The license may be on file in the Board of Health office).
(c) A plan with a specified scale, signed by a registered
surveyor or engineer, showing the location of the proposed well in relation
to existing or proposed above or below ground structures.
(d) A description and location of visible prior and current
land uses within 200 feet of the proposed well location which represent a
potential source of contamination, including, but not limited to, the following:
[1] Existing and proposed structures.
[2] Subsurface sewage disposal systems.
[3] Subsurface fuel storage tanks.
[4] Subsurface waters and subsurface drainage courses.
[5] Utility easements, right-of-way and public ways.
[6] Any other potential sources of pollution.
(2) For new construction, the plan submitted to comply with
Title V requirements will be acceptable for this purpose if it includes the
above data for the well.
B. The Board of Health shall charge a fee for a private
well construction permit. The fee must be paid when the application is filed
with the Board. There is no fee for monitoring well construction permits.
The Board of Health reserves the right to increase the fees to offset costs
if technical consulting and/or evaluation is required for the Board to reach
a firm conclusion.
C. Well construction may proceed upon approval of a well
construction permit application and the issuance of a well construction permit
by the Board. The permit shall be on site at all times while work is taking
place.
D. All permits for well construction 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 that there is no change in the plans for the proposed well. After
a permit has expired, a new application and new fee must be submitted to the
Board.
E. Permits and applications are not transferable.
The issuance of a water supply certificate by the Board shall certify
that the private well may be used as a drinking water supply. A water supply
certificate shall be issued for the use of a private well prior to the issuance
of an occupancy permit for an existing structure or prior to the issuance
of a building permit for new construction which is to be served by the well.
A. The following shall be submitted to the Board of Health
to obtain a water supply certificate:
(1) Well construction permit.
(2) Copy of the water well completion report as required
by the Division of Water Resources (313 CMR 3.00) to be provided by the well
driller within 30 days from completion of the well.
(3) Copy of the pumping report required pursuant to §
420-7 of these regulations.
(4) Water quality report - required pursuant to §
420-8 of these regulations.
B. Upon receipt of all the above documents, the Board of
Health shall determine whether the private water supply meets all the water
quantity and water quality requirements for potable water in the Town of Southwick
as set forth in these regulations.
(1) Upon an affirmative determination, the Board of Health
shall issue a water supply certificate.
(2) Upon a negative determination, or if the Board deems
it necessary to protect the public health, safety and welfare, the Board may
issue a water supply disapproval letter which requires additional water quality
analysis or water quantity testing, or both.
(3) The Board may, at its discretion, issue a conditional
approval letter. A conditional approval letter shall set forth the conditions
which the Board deems necessary to ensure fitness, purity and quantity of
the water derived for that private well. Said conditions may include, but
not be limited to, requiring treatment or additional testing of the water.
The applicant shall submit to the Board for review and approval a pumping
test report. The pumping test report shall include the following:
A. The name and address of the well owner.
B. The well location referenced to at least two permanent
structures or landmarks.
C. The date the pumping test was performed.
D. The depth at which the pump was set for the test.
E. The location of the discharge line.
F. The static water level immediately before pumping commenced.
G. The discharge rate and, if applicable, the time the discharge
rate changed.
H. The pumping water levels and respective times after pumping
commenced.
I. The maximum draw down during the test.
J. The duration of the test, including both the pumping
time, and the recovery time during which measurements were taken, recovery
water levels and respective times after cessation of pumping and reference
point used for all measurements.
Any person aggrieved by the final decision of the Board may seek relief
therefrom within 30 days in any court of competent jurisdiction, as provided
by the laws of this commonwealth.
If any provision of these regulations or the application thereof is
held to be invalid by a court of competent jurisdiction, the invalidity shall
be limited to said provision(s) and the remainder of these regulations shall
remain valid and effective. Any part of these regulations subsequently invalidated
by a new state law or modification of an existing state law shall automatically
be brought into conformity with the new or amended law and shall be deemed
to be effective immediately, without recourse to a public hearing and the
customary procedures for amendment or repeal of such regulation.
The issuance of a well permit shall not be construed as a guaranty by
the Board or its agents that the water system will function satisfactorily
nor that the water supply will be of sufficient quality or quantity for its
intended use.
These regulations shall take effect upon passage.