[HISTORY: Adopted by the Board of Health of the Town of Ashland 11-17-1992; amended in its entirety 9-28-2010. Subsequent amendments noted where applicable.]
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.
The applicant shall submit a letter of intent, in person or by certified mail, to the Board of Health not less than thirty (30) days prior to the date upon which said applicant files or intends to file an application with the Massachusetts Department of Environmental Protection (hereinafter "DEP") for issuance of any permits, licenses, approvals, or permissions necessary for the design, review, installation, and/or operation of a Small Wastewater Treatment Plant (hereinafter "SWWTP").
The said Letter of Intent shall include the location of the site of the proposed plant and development to be served, including assessor's map reference, the maximum number of dwelling units or maximum square footage of building space designed to be served by such plant and the buildings to be served thereby, along with any other description of the overall project which will aid the Board of Health in determining the general suitability of the site, the adequacy of the SWWTP, and the probable impact the project may have on the area of the town proximate to the proposed plant and the Town of Ashland as a whole.
Following the receipt of the Letter of Intent and at the time of submission of an application to the DEP for the SWWTP, the applicant shall file with the Board of Health a copy of the complete application as filed with the DEP, including any data on the site, the proposed plant, and the development to be served thereby.
No formal action shall be taken by the Board of Health on a preliminary application, until such time as the application has been reviewed and finally acted upon by the DEP. For the purpose of this section, review and final action by the DEP shall be deemed to be the issuance by DEP of any and all permits, licenses, and approvals necessary to construct and operate said plant. However, the Board of Health may meet with the DEP and/or Applicant in an advisory capacity to assure the design review and decisions by the DEP are compatible with the needs and concerns of the Town and the Board of Health.
If, during the review and permitting process by the DEP, the Applicant is required to produce and submit any further data, studies, information, detail, or documentation to DEP, a copy thereof shall also be submitted, at the same time, to the Board of Health. Such further information shall be included in the file for use by the Board of Health in its review and consideration of the application.
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 of its receipt of a final application for the construction of a SWWTP, the Board of Health shall hold a public hearing thereon. Notice of said hearing shall be given not less than fourteen (14) days prior to the date of such hearing, by posting a notice thereof at Town Hall and by publishing said notice in a newspaper of general circulation in the Town. Said notice shall include a description sufficient to identify the proposed project and the location of the development and the plant.
The public hearing may be adjourned to a time or times certain, but such adjournment shall not exceed a total of an additional forty-five (45) days from the date of the commencement of the public hearing.
At said hearing, the Board of Health shall describe the proposal publicly and shall allow the Applicant to make a presentation of the proposal. Following such presentation, the Board of Health shall take testimony from the public; which testimony shall be considered by the Board during its deliberation on the application.
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:
That the system as proposed and designed will adequately serve the development to be connected thereto.
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.
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
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.
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.
At the time of submission of the Preliminary Application as called for in § 304-4, the Applicant shall submit, to the Board of Health, a payment of four thousand dollars ($4,000).
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.