[Amended 8-10-1995]
In accordance with 310 CMR 11.02 and 310 CMR
15.003, the Sunderland Board of Health adopts the following regulations
governing individual subsurface sewage disposal systems in order to
promote and protect the health and well-being of the residents of
Sunderland.
Any duplex housing structure shall have a minimum
one-thousand-five-hundred-gallon-capacity septic tank and a minimum
one-thousand-five-hundred-square-foot leaching area. With approval,
leaching tanks may be used.
[Amended 6-7-1999; 12-14-2015]
A. Prior to installation of any system, the application for disposal
works construction and the disposal works construction permit must
be complete with all fees paid.
B. Construction shall be done only by an installer with a current permit
from the Board of Health and must be in compliance with Title 5 of
the State Environmental Code and this regulation. Any construction
being done by an installer without a valid permit will be stopped
until such permit is obtained.
C. Effective leaching area.
(1) All soil absorption systems in Sunderland shall be sized using the
long-term acceptance rates as specified in 310 CMR 15.242, LTAR -
Effluent Loading Rates, except when the system is preceded by a secondary
treatment unit with General Use Certification that allows for a fifty-percent-reduction
in effective leaching area, in which case DEP certified loading rates
may apply, but no additional reduction in leaching area is allowed
based on the certification "effective leaching areas" of the soil
absorption system in itself.
(2) The use of "effective leaching areas" or equivalent language as listed
in any innovative/alternative system that results in a smaller total
leaching area than would be calculated using 310 CMR 15.242 is prohibited,
except when the soil absorption system is preceded by a secondary
treatment unit with General Use Certification that allows for a fifty-percent-reduction
in effective leaching area.
(3) Innovative/alternative systems that are approved by the Massachusetts
Department of Environmental Protection may be used, provided that
the total leaching area is calculated based on the physical dimensions
of the product and that the area meets the required area as calculated
in 310 CMR 15.242.
D. Property line setbacks. All septic tanks, soil absorption systems
(primary and reserve), pump chambers, distribution boxes and piping
shall be located at least 25 feet from an abutting lot line or public
roadway layout line.
[Amended 12-14-2015]
All Title 5 system inspections under 310 CMR 15.301 shall be
witnessed by a member of the Sunderland Board of Health or its agent.
If inspection shows distribution box outlets not to be level, corrective
action shall be taken immediately by installation of "speed levelers"
or other measures as approved by the Board of Health witness.
[Amended 12-14-2015]
Any disposal works construction permit approved or issued by
the Board of Health prior to the effective date of this regulation
shall not be affected by this regulation for a period of three (3)
years from the date of issuance. After three (3) years it shall become
fully subject to this regulation.
[Added 8-10-1995; amended 12-14-2015]
A. The Board of Health may vary the application of any provisions of
this chapter with respect to any particular case when, in its opinion:
(1)
The enforcement thereof would do manifest injustice; and
(2)
In the case of repairs, the applicant requesting the variance
has established that the proposed design provides maximum feasible
compliance with the Board's regulations. The provisions of 310
CMR 15.404 and 405 will be used as guidance in the Board's decision.
(3)
In the case of new construction, the applicant requesting the
variance has established that a level of environmental protection
that is at least equivalent to that provided under the provision of
the local regulation can be achieved without strict application of
the provision of the local regulation from which a variance is sought.
With regard to variances for new construction, enforcement of the
provision from which a variance is sought must be shown to deprive
the applicant of substantially all beneficial use of the subject property
in order to be manifestly unjust.
B. All requests for variances shall be in writing and state the specific local regulation from which a variance is sought, the reason for the variance, a statement of how the criteria in §
172-10 above are met, and engineering plans for the proposed disposal system. Four (4) complete sets of the request, exhibits, and plan shall be submitted. Requested variances from this code and from Title 5 shall be listed on the engineering plans for the system. No request shall be considered complete until the applicant has submitted and the Board has accepted a disposal system construction permit application, with appropriate fees.
C. Public hearing. No later than the next regularly scheduled meeting
following receipt of the complete request for variance, the Board
of Health will determine a location, date, and time for a public hearing
on the matter and will then notify the applicant. The Board will hold
a public hearing to consider the request within 30 days after the
meeting at which the request was accepted and the hearing scheduled.
After hearing testimony at the public hearing, the Board may continue
the hearing to a specified date and time in order to obtain additional
information to inform its decision.
[Added 12-14-2015]
If any section, paragraph, sentence, clause or phrase of these
regulations shall be deemed invalid by a court of competent jurisdiction,
such decision shall not affect the remaining provisions of these regulations,
which shall remain in full force and effect and, to this end, the
provisions of these regulations are hereby declared severable.
[Added 12-14-2015]
These amended regulations were adopted by vote of the Board
of Health of the Town of Sunderland at a public meeting held on December
14, 2015, the effective date of these amended regulations is January
1, 2016. A public hearing on the amended regulations was held on December
14, 2015. Notice of public hearing was made November 27, 2015 in the
Greenfield Recorder.