[HISTORY: Adopted by the Board of Health
of the Town of Sterling 9-14-1995. 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 design, operation and maintenance of privately owned
small wastewater treatment facilities also known as package plants.
The purposes of this regulation are to protect
the groundwater and surface waters of the Town from contamination
by effluents originating from privately owned small wastewater treatments
plants (SWWTPs); furthermore to insure that the operation and maintenance
of such facilities are reviewed on a regular basis and that the operation
protects the public health and the environment.
B.
The applicant for a disposal works construction permit must meet all requirements detailed in the version of Chapter 505, Disposal Works Construction Permit, that is in effect on the date of the application.
C.
Prior to issuing a disposal works construction permit,
the Board of Health will hold a public hearing on the application.
It is the responsibility of the applicant to notify the abutters and
publish the appropriate legal notice prior to the hearing.
D.
No SWWTP as permitted herein shall be placed in service,
nor shall new buildings or facilities which rely upon such SWWTP be
occupied or used until the Board of Health has issued a certificate
of compliance and an annual operating permit.
E.
Prior to the issuance of a disposal works construction
permit by the Board of Health for installation of a SWWTP, an independent
registered professional engineer will be retained by the Board of
Health to conduct a review of the planned sewage disposal system.
To offset the cost to the Town of this review, the applicant will
be assessed a fee, in addition to the disposal works construction
permit fee, commensurate with the complexity of the planned disposal
system. The fee is 2% of the design and construction costs of the
plant or $3,000, whichever is greater. The applicant will pay the
fee at the time of application. Any unused portion shall be refunded
after the successful review of the first annual operating report by
the Board of Health.
F.
A copy of all applications, reports, plans, data and
supporting documents required by these regulations and by the regulations
of any other agency in connection with the approval or operation and
maintenance of the subject facility shall be submitted to the Board
of Health. In the case of requests for a Board of Health action, such
materials shall be submitted a minimum of 90 days prior to the date
upon which an action by the Board of Health is desired. In the case
of submittals to other agencies, all material shall be submitted to
the Board of Health at the time of submittal to that agency. A Board
of Health disposal works construction permit will not be issued prior
to a written statement from the Massachusetts Department of Environmental
Protection that it will approve the project.
G.
Prior to the issuance of a certificate of compliance
and an annual operating permit, the owner(s) of a SWWTP must demonstrate
to the Board of Health that they have provided security to guarantee
the operation of the SWWTP for at least one year. The security shall
provide the salaries, operational costs, and cost of immediate replacement
of any major unit operation of the plant, or in the event of plant
failure to operate, an amount sufficient to cover the costs of hauling
100% of the wastewater to another facility for disposal for a one-year
period. Security may be in the form of a cash guarantee, escrow account
or a performance bond to cover the listed costs.
A.
A SWWTP may only receive sewerage generated from buildings
under single ownership that are situated on land recorded as a single
parcel in the Registry of Deeds. The SWWTP must be located on that
parcel of land and be owned by the party(ies) owning the land.
B.
The Board of Health will require the granting of a
deed restriction prohibiting subdivision of the parcel unless, prior
to subdivision, independent sewerage disposal systems have been approved
by the Board of Health for each divided parcel.
The majority of design requirements are governed
by DEP regulations (314 CMR, etc.). The following additional requirements
must be met:
A.
Redundancy. All privately owned wastewater treatment
plants must meet one of the following conditions [A(1) or (2)].
(1)
Provide 100% redundancy for all mechanical components.
(2)
Be designed and constructed so that in event of mechanical
failure the plant has additional storage capacity of 150% of the daily
design flow. If reconfiguration of the plant is necessary to meet
this requirement, the Board of Health will have final decisionmaking
authority as to whether the reconfiguration can be accomplished with
sufficient ease and speed to prevent undesirable environmental consequences.
B.
Design capacity. The design capacity and use of that
capacity shall be established at the time of initial application for
the disposal works construction permit. In the case of excess design
capacity (due to the discrete sizes of SWWTPs), only those design
flows and uses approved in the initial application will be guaranteed
as a matter of right. Changes in the approved uses and design flows
will require that a new disposal works construction permit be applied
for and will be subject to review in the same manner as a new application.
C.
No discharge from a SWWTP shall result in degradation
of ground or surface waters. There shall be no discharge into any
wetland, stagnant water, storm drain, lake or stream.
D.
An SWWTP shall not be located in any wellhead protection
area identified on a map produced in accordance with 333 CMR 12.00
Groundwater Protection Program or in any Aquifer or Water Resource
Protection District identified by the Town of Sterling Protective
Bylaw.
E.
SWWTP design shall include attenuation of odor and
noise problems.
A.
Annual operating permit. A registered sanitary engineer
shall be hired by the owner of the facility to oversee the plant operations,
to make at least quarterly site inspections, as well as to prepare
a quarterly and an annual written report. The report shall summarize
operating results, plant status and maintenance, problems experienced,
and any plant modifications necessary. One quarterly site inspection
shall be scheduled to include the health agent. Prior to issuance
of the annual operating permit, the engineer shall appear before the
Board of Health to discuss the facility's performance and other pertinent
issues. Other submittals shall be made in accordance with schedules
as specifically designed by the Board of Health. The Board of Health
will charge a fee for the annual operating permit.
B.
On-site storage of sludge is prohibited. This provision
does not apply to sludge in components of the treatment plant approved
as part of the original design.
C.
On-site disposal of sludge is prohibited. Provision
for the disposal of sludge and solids shall be in a manner approved
by the Board of Health, prior to the issuance of any Board of Health
permit. The estimated quantity must be stated. The applicant must
show proof of contractual obligations for the disposal of sludge for
the expected length of time of operation of the SWWTP. The applicant
must also demonstrate, to the satisfaction of the Board of Health,
that the destination for the sludge and solids is in compliance with
all applicable federal, state and local regulations.
D.
If unusual circumstances are discovered at that plant
that indicate failure of the plant to operate as intended, the Board
of Health must be notified within 24 hours.
The Board of Health shall review annually, or
as necessary, the operating permit and may suspend, modify, revoke,
or add additional conditions prior to the issuance of the annual operating
permit. The Board of Health may suspend, modify, revoke or add additional
conditions to an operating permit only following a public hearing
with advance notice to the permit holder.
Violations of this regulation are subject to
the penalties of Massachusetts General Laws, Chapter 111, Section
31, after a Board of Health hearing. Each violation shall constitute
a separate penalty, and each day shall constitute a separate violation.
A.
The Board of Health may vary any provision of these
regulations with respect to any particular case when in its opinion
enforcement thereof would do manifest injustice, and the applicant
has proved that the same or greater degree of protection can be achieved
without strict application of the particular provision(s).
B.
Variances to these regulations will be handled as
prescribed in 310 CMR 15.411 of the State Environmental Code.
C.
An applicant or his/her representative must appear
at a Board of Health meeting prior to scheduling a variance hearing.
D.
For the purpose 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 parcels.
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.
