The following regulations are promulgated by the Ashland Board
of Health in accordance with Massachusetts General Laws, Chapter 111,
Section 31.
If any section, paragraph, sentence, clause, phrase, or word
of these regulations shall be judged to be invalid for any reason,
that decision shall not affect any other portion of these regulations
which shall remain in full force and effect; and to this end, the
provisions of these regulations are hereby declared severable.
A preliminary application shall be deemed to be complete and
become a final application on the date that the Board of Health receives
a certified copy of the permits, licenses, and approvals as issued
by the DEP for the construction and operation of said plant.
Within forty-five (45) days following the close of the public
hearing, the Board of Health shall act on a final application. The
Board of Health may approve, approve with conditions, or disapprove
such application based on the applicants satisfying the Board of the
following items:
A. That the system as proposed and designed will adequately serve the
development to be connected thereto.
B. That adequate safeguards are provided to assure the safe, reliable,
and effective operation, repair, replacement, and ongoing maintenance
of the SWWTP, at no cost to the Town of Ashland, and that no liability
shall be created for the Town of Ashland.
C. That any persons, firms, or entities which will own, operate, or
directly or indirectly benefit, financially or otherwise, from the
operation of the proposed SWWTP, are, in the opinion of the Board
of Health, adequately committed, trained, financed, and legally bound
to assure the safe, reliable, and effective operation, repair, replacement,
and ongoing maintenance of the SWWTP; and
D. That adequate provisions are made to afford the Board of Health a
right of entry to periodically inspect the plant and that any documentation
concerning testing of the treatment process and quality of discharge
will be also provided to the Board.
E. That in the discretion of the Board of Health, the applicant has
satisfied the Board that the public health, environment, and financial
security of the Town of Ashland and its individual taxpayers and inhabitants
will be protected and served by the operation of said SWWTP.
If construction of a SWWTP is proposed at a Priority Development Site (PDS), as defined by Section
10.0 of the Zoning By-laws, a final application therefor, as per §
307-5, shall be submitted no later than thirty (30) days following the date of submittal of any other permit application(s) required by the Code of the Town of Ashland, including the Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D. Waiver of said deadline for submittal of a final application shall be authorized where, despite an applicant's diligent efforts to obtain from the DEP any and all permits, licenses and approvals necessary to construct and operate the SWWTP, the DEP has not finally acted upon the applicant's timely request(s) for the same. Nothing herein shall relieve an applicant of its obligations to submit a letter of intent and a preliminary application to the Board pursuant to §§
307-3 and
307-4, respectively.