[Adopted 11-18-1998; amended in its entirety 6-13-2007]
A. 
All well drillers doing business in Lexington shall annually file with the Board of Health a copy of their current well driller registration certificate issued by the Commonwealth of Massachusetts (MGL c. 21, § 16; 313 CMR 3.00).
B. 
No well shall be installed, altered, repaired, destroyed or abandoned except by a well driller who is registered with the Water Resources Commission, Division of Water Resources (MGL c. 21, § 16; 313 CMR 3.00).
C. 
All wells shall be located on the same lot as the building they serve.
D. 
No well shall be constructed, altered or repaired until a well construction permit has been obtained from the Board of Health.
E. 
A well construction permit shall expire six months from the date of issue unless construction has begun. The permit shall be on site at all times that work is taking place. Permits may be extended for one additional six-month period, provided that a written request is received by the Board prior to the six-month expiration date. No additional fee shall be charged for a permit extension, provided there are no changes in the plans for the proposed well.
F. 
No new well for domestic drinking installations shall be permitted until the proposed wastewater disposal system plan, if applicable, has been submitted to the Health Department and such plan has been approved.
A. 
The property owner or the well driller/digger or his agent shall submit with the well construction application, prior to the issuance of a permit, the following information:
(1) 
The property owner's name and address.
(2) 
The well driller's/digger's name and certification number as it appears on the Water Resources Commission certificate.
(3) 
General location of the proposed well, to include the location of all structures or other significant parts of the lot.
(4) 
Assessor's lot plan number for the lot and street address.
(5) 
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:
(a) 
Existing and proposed structures.
(b) 
Subsurface sewage disposal systems.
(c) 
Subsurface fuel storage tank.
(d) 
Public ways.
(e) 
Utility rights-of-way.
(f) 
Any other potential sources of pollution.
(g) 
A permit fee as determined by the Board of Health.
B. 
Well construction permits are nontransferable.
A. 
Wells shall be constructed in compliance with the recommendations of the latest edition of the Manual of Individual Water Supply, United States Environmental Protection Agency (USEPA), Water Supply Division.
B. 
The top of the well shall be above ground that is higher than any surface sources of contamination and above any known conditions of flooding by drainage or runoff from surrounding land. The land should be graded to divert surface waters from the well, unless located in a floodproofed well house.
C. 
Well casing must terminate above grade and shall extend at least 12 inches above the predetermined ground surface at the wellhead except when the well is located in a floodplain. When a well is located in a floodplain, the well casing shall extend at least two feet above the level of the highest recorded flood. The top of the well casing shall be reasonably smooth and level.
D. 
The contractor shall secure the well so as to prevent either tampering with the well or the introduction of foreign material into the well.
E. 
All non-yielding holes which are installed in the process of constructing the well shall be filled so as not to act as a conduit for water.
F. 
A metal tag shall be affixed to the top of the well casing at the time of installation, so that the well may later be located if necessary by a metal detector.
G. 
No private well, or its associated distribution system, shall be connected to either the distribution system of a public water system or any other distribution system.
A. 
The following minimum distances are required:
(1) 
Property line: must comply with the Town's most recent setback requirements.
(2) 
Public or private way: 25 feet from the edge of the road layout.
(3) 
Driveway: 25 feet from any traveled surface.
(4) 
Utility rights-of-way: 50 feet, but should be maximized.
(5) 
Septic tank: 75 feet.
(6) 
Septic system leaching: 150 feet.
(7) 
Septic distribution box: 75 feet.
(8) 
Building sewer: 50 feet.
(9) 
Subsurface drains: 25 feet, but should be maximized.
B. 
Where, in the opinion of the Board of Health, hazardous conditions exist, the above distances may be increased.
C. 
Whenever possible, the well should be located up the groundwater gradient from sources of pollution. The Board of Health reserves the right to ban any well that may contaminate a water supply.
A. 
Prior to approval of the well as a water supply, the health agent or an agent of the Board of Health shall take a water sample(s) from the well and submit it to a state-certified laboratory for analysis, with the cost to be borne by the owner. The results of all analysis of water taken from the well shall be submitted to the Board of Health. At a minimum, water must be tested for the following chemical and bacteriological standards: total coliform, nitrate-nitrogen, pH, sodium and iron.
B. 
The Board of Health will determine guidelines for the potability of well water. See National Interim Primary and Secondary Drinking Water Standards: MCLs (providing guidelines for potability of well water). The water quality standards for common parameters are as follows:
(1) 
Primary standards.
(a) 
Total coliform: zero colonies per 100 milliliters.
(b) 
Nitrate: 10 parts per million.
(2) 
Secondary standards.
(a) 
pH: recommend pH greater than 5.0.
(b) 
Sodium: greater than 20 mg/l is a concern to persons on a low sodium diet.
(c) 
Iron: 0.3 parts per million.
C. 
In locations where the Board of Health believes potential sources of contamination to exist, or where geologic or hydrologic conditions require more restrictive or additional standards than those outlined above, additional water testing and special standards may be required by the Board of Health. Such additional testing and special standards may include analysis for purgeable halocarbons and purgeable aromatics, analysis for petroleum hydrocarbons or pesticides or any other analysis that the Board of Health deems necessary to ascertain quality.
D. 
When the Board of Health deems it necessary, the Health Agent or other agent of the Board of Health may be present to witness the taking of the water samples and/or may take the water sample and deliver it to the state-certified laboratory him/herself at the owner's expense. When an agent is required by the Board of Health to be present for a sampling, at least five business days' notice is required to schedule an appointment.
E. 
All domestic wells shall undergo water quality analysis every three years. The owner shall follow the sample requirements listed in § 155-75 A and D. All sample results shall be submitted to the Board of Health within 30 days of receiving the analysis report. More frequent analysis may be required following review of water quality results.
A. 
The design of the water system, including well, pump, storage tank and other accessories, must be adequate to provide a volume of water necessary to support the household's daily need, which shall be determined using the following equation: (number of bedrooms + one bedroom) x (110 gallons/bedroom) x (a safety factor of 2) = number of gallons needed daily.
B. 
The storage capacity of the well shall be determined using the measured static water level and the depth and radius of the drill hole casing.
C. 
The required volume shall be calculated by adding the volumes in Subsections A and B. It is this volume of water that must be pumped from the well within a twenty-four-hour period.
A. 
Within 30 days after the completion of the construction of any well, the well driller/digger shall submit a report containing the following information:
(1) 
Name of the owner of the well.
(2) 
Address of the property served and/or the lot number as assigned by the Assessor's office.
(3) 
Depth, size and method of construction of the well.
(4) 
The static water level.
(5) 
The yield of the well after pumping.
(6) 
The well driller's/digger's log information.
(7) 
Global Positioning Coordinates shall be provided and submitted on the well completion form for the exact location of each well installed.
(8) 
All lab results as required for the approved well usage.
B. 
For the above items, a Department of Environmental Management, Office of Water Resources, water well completion report must be submitted to the Board of Health, the homeowner and the Department of Environmental Management, Office of Water Resources.
C. 
The owner of the property which the well will serve, or the well driller acting as the agent for the owner, shall certify on the well completion report the following:
(1) 
The location and date the sample(s) was (were) taken and the laboratory at which it was analyzed;
(2) 
That the water sample(s) whose analysis results were submitted to the Board of Health was (were) taken from the well for which approval is being sought;
(3) 
The capacity of the water systems, in gallons per minute, has been demonstrated to equal the number of fixtures installed; and
(4) 
For wells installed at newly constructed buildings, an as-built plan must be submitted.
D. 
The well driller/digger or his/her authorized agent shall sign the well completion report. This signature shall constitute a statement of compliance with all requirements of these regulations.
E. 
No well is to be placed in use until the Board of Health has approved the well completion report.
A. 
Prior to the destruction or abandonment of any well, a well destruction permit must be obtained by the owner or his agent from the Board of Health. The Board of Health will require a site plan showing the well location, including the Assessor's lot and plan number, and street address for the property on which the well is located prior to the issuance of a well destruction permit.
B. 
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 for pollution into the groundwater. 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 of Health 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. 
The property owner shall be responsible for ensuring that all abandoned wells and test holes or borings associated with private well installation are property plugged. Only registered well drillers may plug abandoned wells, test holes and borings.
D. 
Abandoned wells or borings shall be completely filled with a grout which cures with a final permeability of less than lxl0-7cm/sec. Wells shall be plugged with neat cement grout, sand cement grout, concrete or bentonit grout.
E. 
Within 30 days after completion of destruction or abandonment of any private well, the well owner or well driller acting as agent for the well owner shall submit to the Board of Health a report containing the following:
(1) 
The name of the owner of the well.
(2) 
The location of the well on the property.
(3) 
Any preliminary cleaning or re-drilling.
(4) 
Types, depths and materials of seal used.
Variances may be granted only as follows:
A. 
The Board of Health may vary the application of these regulations with respect to any particular case when, in its opinion, the applicant has proven that the same degree of public health and environment protection required under these regulations can be achieved without strict application of a particular provision(s).
B. 
A variance request shall be in writing to the Board of Health and shall include all the information/reasons and proposed measure necessary to assure the protection of public health and the environment. The applicant shall pay all costs in the evaluation of the proposed variance. The Board of Health shall grant, modify or deny a variance in writing and state the reasons for any denial.
The issuance of a well permit shall not be construed as a guaranty by the Board of Health 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.