[HISTORY: Adopted by the Board of Health of the Town of Southwick 1-9-1989;
amended in its entirety 3-30-1998. Subsequent amendments
noted where applicable.
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.
A.
These regulations shall take effect upon passage and
so remain until modified or amended by the Board of Health. They are enacted
by the Southwick Board of Health under the authority granted in the M.G.L.
c. 111, § 31. Board of Health regulations are an exercise of the
police power under which the various levels of government are responsible
for the protection of the public health, safety and welfare.
B.
These regulations supersede all previous regulations
adopted by the Board of Health pursuant to the construction of private wells
(and monitoring wells where applicable).
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
Any person who intends to have a private well constructed or destroyed.
The Board of Health of Southwick, Massachusetts, or its authorized
agent.
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.
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.
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."
A well used to evaluate groundwater elevations and characteristics;
not intended as a potable water supply.
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.
A procedure used to determine the characteristics of a well and adjacent
aquifer by installing and operating a pump.
Any person registered with the Department of Environmental Management/Division
of Water Resources to dig or drill wells in the Commonwealth of Massachusetts.
The level of water in a well under nonpumping conditions.
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.
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:
(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:
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.
A.
In establishing the location of a well, the well driller
shall identify actual or possible sources of contamination which exist or
are proposed or planned to exist within 200 feet of the proposed well site.
Private wells shall be located to avoid all potential sources of contamination.
B.
Each private well shall be accessible for repair, maintenance,
testing and inspection. The well shall be completed in a water bearing formation
that will produce the required quantity of water under normal operating conditions.
C.
Each private well shall be located at least 10 feet from
any property line. The center line of a well shall, if extended vertically,
clear any projection from an adjacent structure by at least five feet.
D.
All private wells shall be located a minimum of 25 feet
from the normal driving surface of any public roadway or a minimum of 15 feet
from the road right-of-way, whichever is greater.
E.
Each private well shall be located at least 25 feet,
laterally, from the normal high water mark of any lake, pond, river, stream,
ditch or slough. When possible, private water systems shall be located in
areas above the one-hundred-year floodplain.
F.
A suction line or well shall be located a minimum of
10 feet from a building sewer constructed of durable corrosion-resistant material
with watertight joints or 50 feet from a building sewer constructed of any
other type of pipe; 50 feet from a septic tank; 100 feet from a leaching field;
and 100 feet from a privy.
G.
Water supply lines shall be installed at least 10 feet
from and 18 inches above any sewer line. Whenever water supply lines must
cross sewer lines, both pipes shall be constructed of Class 150 pressure pipe
and shall be pressure tested to assure watertightness.
H.
All private wells shall be located a minimum of 100 feet
from underground fuel storage tanks.
I.
No private well or its associated distribution system
shall be connected to either the distribution system of a public water supply
system or any type of water distribution system.
J.
When deemed necessary or appropriate by the Board, the
above distances may be increased. The Board reserves the right to impose minimum
lateral distance requirements from other potential sources of contamination
not listed above. All such special requirements shall be added by the Board
as conditions of the well construction permit.
K.
Monitoring wells are exempt from the minimum lateral
distance requirements.
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.
A.
No private well shall be used as a drinking water supply
and no building permit shall be issued for a new construction on property
where the well is located unless and until the water derived from the private
well has been tested.
B.
A water sample shall be collected either after purging
three well volumes or following the stabilization of the pH, temperature and
specific conductance in the pumped well. The water sample to be tested shall
be collected at the pump discharge or from a disinfected tap in the pump discharge
line. In no event shall a water treatment device be installed prior to sampling.
C.
Standards and parameters.
(1)
The water quality test, utilizing EPA approved methods
for drinking water testing and not methods used for analyzing wastewater,
shall be conducted by a Massachusetts certified laboratory and shall include
analysis for the following parameters:
|
Parameters
|
Maximum Recommended Standards
| |
|---|---|---|
|
Alkalinity
|
30 to 100 milligrams per liter
| |
|
Chloride
|
250 milligrams per liter
| |
|
Color
|
15 units
| |
|
Iron
|
0.3 milligrams per liter
| |
|
Manganese
|
0.05 milligrams per liter
| |
|
pH
|
6.5 - 8.5
| |
|
Sodium
|
28 milligrams per liter*
| |
|
Total hardness
|
200 milligrams per liter
| |
|
Turbidity
|
1 turbidity units
|
|
* NOTE: Greater than 28 milligrams per liter is of concern to persons
on low-sodium diets.
|
(2)
No variances shall be granted on the following primary
standards of the Safe Drinking Water Act:
|
Parameters
|
Standards
| |
|---|---|---|
|
Coliform bacteria
|
1\100 milligram
| |
|
Nitrate
|
10 milligrams per liter
| |
|
Nitrite
|
1 milligram per liter
|
D.
The Board reserves the right to require retesting of
the above parameters or testing for additional parameters when, in the opinion
of the Board, it is necessary due to local conditions or for the protection
of the public health, safety and welfare. All costs and laboratory arrangements
for the water testing are the responsibility of the applicant.
E.
Following the initial water quality test for a new well,
the Board may require or recommend that the applicant have the water tested
periodically.
F.
The installation of permanent on-site filtration systems
for the removal of pesticides and chemical substances of hazardous nature
for new well installations is prohibited.
G.
Results of the laboratory analyses must be forwarded
to the property owner, well driller and the Southwick Board of Health upon
completion by the applicant.
A.
No person(s) shall construct a well unless registered
with the Division of Water Resources as required by State Regulation 313 CMR
3.00, Water Well Registration. A copy of the well driller's license shall
accompany the application for a permit or be on file in Board of Health Office.
B.
All wells shall be constructed in compliance with the
Private Well Guidelines written by the Department of Environmental Protection.
C.
All wells shall be constructed with new casing materials.
The use of salvaged pipe will be strictly prohibited.
D.
Well drillers need to certify in writing that they have
complied with the Private Well Guidelines in order to receive the water supply
certificate.
E.
Permanent monitoring wells shall be encased with steel
pipe and locked. Temporary monitoring wells may utilize PVC or other suitable
material for encasing upon Board of Health approval.
A.
Abandoned wells, test holes and borings shall be decommissioned
so as to prevent the well, including the annular space outside the casing,
from being a channel allowing the vertical movement of water. Destroying an
abandoned well will protect the groundwater supply and eliminate potential
physical hazards.
B.
The owner of the private well shall decommission the
well if the well meets any of the following criteria:
(1)
Construction of the well is terminated prior to completion
of the well.
(2)
The well owner notifies the Board that the use of the
well is to be permanently discontinued.
(3)
The well has, after extended use, been out of service
for at least three years.
(4)
The well is a potential hazard to public health or safety
and the situation cannot be corrected.
(5)
The well is in such a state of disrepair that its continued
use is impractical.
(6)
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.
C.
An application for a well decommissioning permit shall
be submitted by the property owner to the Board of Health, on a form provided
by the Board, prior to the decommissioning of the well.
D.
The Board of Health will then issue a well decommissioning
permit.
E.
There is no fee for a well decommissioning permit.
F.
The property owner shall be responsible for ensuring
that all abandoned wells and test holes or borings associated with private
well installation are properly plugged. Only registered well drillers may
plug abandoned wells, test holes and borings.
G.
In the case of new well construction, all test holes
and borings shall be plugged before the well driller completes work at the
site.
H.
All abandoned wells shall be destroyed in compliance
with the Private Well Guidelines written by the Department of Environmental
Protection. The guidelines constitute part of these regulations and are incorporated
herein by reference.
I.
Well drillers need to report and certify in writing that
they have complied with the Private Well Guidelines in destroying the well.
J.
Private wells shall be destroyed within 14 days of issuance
of the well destruction permit. Temporary monitoring wells shall not be in
use longer than 60 days without Board of Health approval. Upon completion
of monitoring well testing, a well destruction permit shall be filed with
the Board of Health and the well shall be destroyed within 14 days of filing.
K.
After the well has been destroyed, the well driller shall
file a report with the Board of Health stating that he/she has complied with
these regulations.
A.
The Board shall investigate violations of these regulations
and/or violations of any water supply certificate conditions and may take
such actions as the Board deems necessary for the protection of the public
health and the enforcement of these regulations.
B.
If an investigation reveals a violation of these regulations
or the water supply certificate conditions, the Board shall order the private
well owner to comply with the violated provision(s).
C.
These orders shall be in writing and served in the following
manner:
(1)
Personally, by any person authorized to serve civil process;
or
(2)
By any person authorized to serve civil process by leaving
a copy of the order at the well owner's last and usual place of abode;
or
(3)
By sending the well owner a copy of the order by registered
or certified mail, return receipt requested, if the well owner is within the
commonwealth; or
(4)
If the well owner's last and usual place of abode
is unknown or outside the Commonwealth, by posting a copy of the order in
a conspicuous place on or about the premises and by advertising it for at
least three out of five consecutive days in one or more newspapers of general
circulation within the municipality wherein the private well affected is situated.
A.
The private well owner to whom any order has been served
may request a hearing before the Board by filing with the Board within seven
days after the day the order was served, a written petition requesting a hearing
on the matter. Upon receipt of such petition, the Board shall set a time and
place for such hearing and shall inform the well owner thereof in writing.
The hearing shall be commenced not later than 30 days after the day on which
the order was served. The Board, upon application of the well owner, may postpone
the date of hearing for a reasonable time beyond such 30-day period if, in
the judgment of the Board, the well owner has submitted a good and sufficient
reason for such postponement. At the hearing, the well owner shall be given
an opportunity to be heard and to show why the order should be modified or
withdrawn. After the hearing, the Board shall sustain, modify or withdraw
the order and shall inform the well owner in writing of its decision. If the
Board sustains or modifies the order, it shall be carried out within the time
period allotted in the original order or in the modification.
B.
Every notice, order or other record prepared by the Board
in connection with the hearing shall be entered as a matter of public record
in the office of the Clerk of the city or town or in the office of the Board.
C.
If a written petition for a hearing is not filed with
the Board within seven days after the day an order has been served or if,
after a hearing, the order has been sustained in any part, each day's
failure to comply with the order as issued or modified shall constitute an
additional offense.
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.
A.
Whoever violates any provision of these regulations may
be penalized by indictment or on complaint brought in the district court.
Except as may be otherwise provided by law and as the district court may see
fit to impose, the maximum penalty for each violation or offense brought in
such manner shall be $300. Each day or portion thereof shall constitute a
separate offense. If more than one, each condition violated shall constitute
a separate offense.
B.
Whoever violates any provision of these regulations may
be penalized by a noncriminal disposition as provided in M.G.L. c. 40, § 21D.
If noncriminal disposition is elected, then any person who violates any provision
of this chapter shall be subject to a penalty in the amount of a warning for
the first offense, $25 for the second offense and $50 for each subsequent
offense. If more than one, each condition violated shall constitute a separate
offense.
A.
The Board may, after a public hearing, grant a variance
to the application of these regulations when, in its opinion, the enforcement
thereof would do manifest injustice and the applicant has demonstrated that
the equivalent degree of protection will still be provided to the private
water supply without strict application to particular provisions of these
regulations.
B.
Every request for a variance shall be made in writing
and shall state the specific variance sought and the reasons therefor. The
writing shall contain all the information needed to assure the Board that,
despite the issuance of a variance, the public health and environment will
be protected. Notice of the hearing shall be given by the applicant at his
or her expense, at least 10 days prior thereto, by certified mail to all abutters
of the property upon which the private well is located and by publication
in a newspaper of general circulation in the town or city in which the private
well is located.
C.
The notice shall include a statement of the variance
sought and the reasons therefor. Any grant or denial of a variance shall be
in writing and shall contain a brief statement of the reasons for approving
or denying the variance. 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 in the office of the Town Clerk or office of the Board
of Health. 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 shall be subject to such qualification, revocation, suspension, condition or expiration as is provided in these regulations or as the Board expresses in its grant of the variance. A variance may otherwise be revoked, modified or suspended, in whole or in part, only after the holder there of has been notified in writing and has been given an opportunity to be heard, pursuant to § 420-12 of these regulations.
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.
