[HISTORY: Adopted by the Board of Health
of the Town of Sterling 3-23-1995; revised 6-8-1995. Subsequent amendments noted where applicable.]
Acting under the authority of MGL c. 111, § 31,
the Sterling Board of Health hereby adopts the following regulations
governing the procedure for obtaining a disposal works construction
permit in the Town of Sterling. This document incorporates all Board
of Health amendments and additional requirements to 310 CMR 15.00
Title V (revised).
The effective date is March 31, 1995.
A.
Applications for testing land must be obtained from
(and submitted to) the Board of Health along with the appropriate
fees. The applicant must make an appointment for the dates and time
of the inspections with the Board of Health agent. Fees must be paid
before any appointments are made.
B.
Percolation tests may be performed at any time of
the year except when the ground is frozen. However, during dry soil
condition periods the Board may require overnight saturation of the
soil.
C.
The official time for deep observation hole tests
is established annually based upon groundwater monitoring. All applications
for spring deep hole tests must be submitted to the Board of Health
by the last week in March. The exact deadline for applications is
established annually.
A.
The Town of Sterling requires at least two percolation
tests: one in the proposed sewage disposal area and one in the reserve
area. Also, at least two deep observation holes are required: one
in the primary system location and one in the reserve area.
B.
Deep observation holes. Maximum groundwater elevations
determined by a deep observation hole shall be valid for a period
of two years from the date of the test. If within that two-year period
a design plan for a septic system is submitted to and approved by
the Board of Health, then that design plan will be valid for a period
of three years from the date of approval in accordance with 15.02(2).
Results of deep observation holes will be assumed to be representative
of the conditions within a circular area having a radius of 40 feet
and whose center is at the site of the deep observation hole. At its
discretion, the Board of Health may require additional deep observation
holes within this circular area in order to verify the consistency
of these conditions. The use of observation pipes to determine maximum
groundwater elevations cannot be substituted for deep observation
holes.
C.
Percolation test. The percolation test hole shall
be separate from the deep observation test hole. A percolation test
shall be valid for a period of two years. If within that two-year
period a design plan for a septic system is submitted to and approved
by the Board of Health, then that design plan will be valid for a
period of three years from the date of approval in accordance with
15.02(2). Results of a percolation test will be assumed to be representative
of the soil conditions within a circular area having a radius of 40
feet and whose center is at the site of the percolation test. At its
discretion, the Board of Health may require additional percolation
tests within this circular area in order to verify the consistency
of the soil conditions.
D.
Bedrock. Weathered or decomposed bedrock constituting
50% or more by volume of the composite will be considered as bedrock.
Although showing good permeability, percolation values of such compositions
will not be acceptable. The health agent is empowered to make such
judgments.
A.
Two copies of a plan, together with disposal works
application and fee, is to be submitted to the Board of Health.
(1)
In addition to the requirements of CMR 15.220(4) the
plan must show the location of the following items:
B.
The plan of the proposed septic system must meet the
following additional requirements:
(1)
Deep hole and percolation data. The sewage disposal
plan must show the location and results of all deep observation holes
and percolation tests performed on this parcel of land within the
period of the past 10 years.
(2)
Minimum size. The following minimum size leaching
facilities are required:
(3)
Definition of a bedroom. A bedroom means any portion
of a dwelling which is so designed as to furnish the minimum isolation
necessary for use as a sleeping area. Such area shall not include
kitchen, bathrooms, living room, dining area, halls or unfinished
cellar, but may include bedroom, den, study, studios or sleeping loft.
A deed restriction may not be used to reduce the number of bedrooms.
(4)
Distance to groundwater.
(a)
Leaching facilities shall not be constructed
in areas where the maximum groundwater elevation is less than the
distance (d) below the bottom of the leaching facility.
|
Design Flow
(gallons per day)
|
Distance (d)
(feet)
| |
|---|---|---|
|
0-1499
|
Title V (CMR 15.212)
| |
|
1,500-2,999
|
5
| |
|
3,000-4,999
|
6
| |
|
Greater than 5,000
|
7
| |
|
For leaching facilities located in the Sterling Watershed Protection District, the distance (d) shall not be less than six feet [Ch. 301, § 301-17, Aquifer and Water Resources Protection Bylaw].
| ||
(b)
No leaching facility may be constructed in fill
in an area where a deep observation hole test reveals the maximum
groundwater elevation to be less than two feet from the surface of
the ground.
(c)
For lots which are wet and the use of interceptor
drains to lower the groundwater are proposed, the maximum groundwater
level will be established by conducting deep hole tests during an
approved period after the drains have been installed and after a sufficient
time has elapsed to achieve steady-state conditions.
(5)
Location of leaching facilities.
(a)
Proximity to water bodies. Except where Title
V requires a greater distance, leaching facilities shall not be located
closer than 100 feet to a water body.
(b)
Areas subject to vehicular traffic. Neither
the primary leaching area nor the reserve area may be located under
an area subject to vehicular traffic. Areas subject to vehicular traffic
include, but are not limited to, driveways, parking lots and loading
docks.
(6)
Reserve area.
(a)
The area between leach trenches may not be proposed
for use as the reserve leaching area.
(b)
The area between leaching galleries may not
be proposed for use as the reserve leaching area.
(c)
In cases where the reserve area is to be located
in fill, final grades for the reserve area, including fill, must be
constructed at the time of primary system construction.
Shared systems are prohibited.
A disposal works construction permit is required
before emergency repairs are undertaken. All emergency repairs must
be inspected by the Board of Health or its agent.
In accordance with Chapter 40, Section 40, of
the Massachusetts General Laws, the Building Inspector for Sterling
will require proof that a proper water supply is serving the property
before issuing a building permit. On those lots which require a private
well, the well must be installed and a lab test report from a state-approved
laboratory must be submitted to the Board of Health to satisfy the
above requirement, in accordance with the Sterling Board of Health
Private Well Regulations.[1]
A.
For the purposes of this section, abutters are defined
as those parties owning property which directly contacts the parcel
in question or which contacts a parcel which itself contacts the parcel
in question. Public ways are not considered to be parcels.
B.
Variances to the Sterling Board of Health amendments
to 310 CMR 15.00, the State Environmental Code (Title V) will be handled
as prescribed in 310 CMR 15.411.
C.
An applicant or his/her representative must appear
at a Board of Health meeting prior to scheduling a variance hearing.
Fees are established and periodically reviewed
and adjusted for the following categories.
If any section or sentence, clause or phrase
thereof shall be held invalid for any reason, the remainder of that
section and all other sections shall continue in force.
