[HISTORY: Adopted by the Board of Health
of the Town of Middleton 10-1-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 230.
Water main extensions — See Ch. 397.
Cross-connection control program — See Ch. 400.
[1]
Editor's Note: These regulations also superseded
former Ch. 343, Water Supply Systems, adopted 8-10-1983.
These regulations are intended to protect the
public health and general welfare of the residents of the Town of
Middleton by ensuring that private wells producing water for human
consumption, irrigation purposes, and/or heating/cooling wells (ground
source heat pump wells/geothermal) are constructed in a manner which
will protect the groundwater resources and the quality of water derived
from these private wells.
These regulations are adopted by the Middleton
Board of Health, as authorized by Massachusetts General Laws, Chapter
111, Section 31. These regulations supersede all previous regulations
adopted by the Board of Health pursuant to the construction of private
wells.
As used in this chapter, the following terms
shall have the meanings indicated:
A well that meets any of the following criteria:
Construction was terminated prior to completion
of the well;
The well owner has notified the local Board
of Health that use of the well has, after extended use, been permanently
discontinued;
The well has been out of service for at least
three years;
The well is a potential hazard to public health
or safety and the situation cannot be corrected;
The well is in such a state of disrepair that
its continued use is impractical; or
The well has the potential for transmitting
contaminants from the land surface into an aquifer or from one aquifer
to another and the situation cannot be corrected.
Any person designated and authorized by the Board to execute
these regulations. The agent shall have all the authority of the appointing
Board and shall be directly responsible to the Board and under its
direction and control.
A major change in the type of construction or configuration
of a private water system, including, but not limited to, adding a
disinfection or treatment device, converting a water well with a buried
seal to a well with a pitless adapter, extending a distribution system,
converting a well using a well pit to a well with a pitless adapter,
extending the casing above ground; deepening a well, changing the
type of pumping equipment when that requires making new holes or sealing
or plugging existing holes in the casing or wall of a well, and repairing,
extending or replacing any portion of the inside or outside casing
or wall.
The space between two cylindrical objects, one of which surrounds
the other. For example, the space between the wall of a drillhole
and a casing pipe, or between an inner and an outer well casing.
American Petroleum Institute.
Any person who intends to have a private well constructed.
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield significant
quantities of water to wells and springs.
An aquifer that is bounded above and below by impermeable
materials or materials of distinctly lower permeability than the aquifer
itself. The water in an aquifer confined in this manner will rise
in a drilled hole or well casing above the point of initial penetration
(above the bottom of the confining, or impermeable, layer overlying
the aquifer).
A well producing from an artesian aquifer. The term includes
both flowing wells and nonflowing wells.
American Society for Testing and Materials.
American Water Works Association.
The flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply from any source
other than the intended source.
See "consolidated formation."
A mixture of swelling clay minerals containing at least 85%
of the mineral montmorillonite (predominantly sodium montmorillonite)
which meets the specifications of the most recent revision of API
Standard 13A.
A mixture of bentonite (API Standard 13A) and water in a
ratio of not less than one pound of bentonite per gallon of water.
The Board of Health of Middleton Massachusetts or its authorized
agent.
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire the availability to dig or drill
wells within the Commonwealth of Massachusetts.
An impervious durable pipe placed in a boring to prevent
the walls from caving and to serve as a vertical conduit for water
in a well.
Any laboratory currently certified by the Department of Environmental
Protection for drinking water. Provisional certification shall also
qualify.
Code of Massachusetts Regulations.
A public water system which serves at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents.
A mixture consisting of Portland cement (ASTM Standard C150,
Type I or API Standard 10, Class A), sand, gravel, and water in a
proportion of not more than five parts of sand plus gravel to one
part cement, by volume, and not more than six gallons of water. One
part cement, two parts sand, and three parts gravel are commonly used
with up to six gallons of water.
An aquifer in which the groundwater is under pressure greater
than atmospheric pressure: the static water level in a well tapping
a confined aquifer rises to a level above the top of the aquifer.
A layer or body of soil, sediment, or rock with low vertical
permeability relative to the adjacent aquifers above or below it.
Any geologic formation in which the earth materials have
become firm and coherent through natural rock forming processes. The
term is sometimes used interchangeably with the word "bedrock" and
includes, but is not limited to, basalt, granite, limestone, sandstone,
and shale. An uncased drillhole will normally remain open in these
formations.
Any physical, chemical, biological, or radiological substance
or matter in water.
The presence of any physical, chemical, biological, or radiological
substance or matter in water at a concentration and for a duration
or anticipated duration which, in the opinion of the regulating agency,
would present a threat to the public health, using existing federal
and state standards and guidelines where applicable.
Any actual or potential connection between a distribution
pipe of potable water from a public water system and any waste pipe,
soil pipe, sewer, drain, or other unapproved source. Without limiting
the generality of the foregoing, the term "cross-connection" shall
also include any bypass arrangements, jumper connections, removal
sections, swivel or changeover connection and other temporary or permanent
connection through which backflow can or may occur.
Either precast or poured-in-place concrete well casing used
to construct dug wells.
The Massachusetts Department of Environmental Protection.
Any water supplier to whom, upon written request of said
water supplier, the Department delegates any portion of its authority
to act under 310 CMR 22.22.
Private water supply.
The difference between the static and pumping water levels.
A well in which the hole is excavated using mechanical means,
such as rotary, cable tool, or auger rigs.
A forged or tempered steel collar, with a cutting edge, attached
to the lower end of a casing by threading or welding, to protect the
lower edge of the casing as it is driven.
The act of causing a rapid flow of water from a well by pumping,
bailing or similar operation.
An assemblage of earth materials grouped together into a
unit that is convenient for description or mapping.
A heating and/or cooling system that transfers heat to or
from the earth in which the naturally occurring, ambient ground (prior
to GSHP operations) is 90° Fahrenheit or less.
Any excavation by any method for the purpose of transferring
heat to or from the earth for heating and cooling purposes in which
the ambient ground temperature (prior to GSHP operations) is 90°
Fahrenheit or less.
Subsurface water in the zone of saturation.
A stable impermeable bonding material which is capable of
providing a watertight seal.
The process of mixing and placing grout.
An actual or potential threat of contamination to the potable
water in a public water system which, in the opinion of the Department
or its designee, would endanger health.
A process whereby water is pumped under high pressure into
a well to fracture the surrounding rock thereby increasing the well
yield.
Massachusetts General Laws.
A mixture consisting of one bag (94 pounds) of Portland cement
(ASTM Standard C150, Type I or API Standard 10, Class A) to not more
than six gallons of clean water. Bentonite (API Standard 13A), up
to 2% by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase
fluidity and/or control setting time.
A public water system that is not a community water system.
See "unconsolidated formation."
Any person maintaining a cross-connection installation or
occupying premises on which cross-connections can or do exist.
Any person or body designated by the owner to act as his
or her representative.
An individual, corporation, company, association, trust,
partnership.
A commercially manufactured device which attaches to a well
casing and provides watertight subsurface connections for suctions
lines or pump discharge and allows vertical access to the interior
of the well casing for installation or removal of the pump or pump
appurtenances.
Water from a source which has been approved by the Department
or Board of Health for human consumption.
A system that provides water for human consumption, if such
system has fewer than 15 service connections and either serves fewer
than 25 individuals or serves an average of 25 or more individuals
for less than 60 days of the year.
See "private water supply."
Any driven or drilled hole, with a depth greater than its
largest surface diameter developed to supply water intended for human
consumption, irrigation purposes, and heating/cooling purposes (geothermal)
and not subject to regulation by 310 CMR 22.00. Dug wells are not
allowed.
A system for the provision to the public of piped water for
human consumption, as defined in 310 CMR 22.22 (8).
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
Any person registered with the Department of Environmental
Management/Division of Water Supply Protection to dig or drill wells
in the Commonwealth of Massachusetts.
A mixture consisting of Portland cement (ASTM Standard C150,
Type I or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight, of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
A watertight receptacle which receives the discharge of sewage
from a building sewer and is designed and constructed so as to permit
the retention of scum and sludge, digestion of the organic matter,
and discharge of the liquid portion to a leaching facility.
The level of water in a well under nonpumping conditions.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
Any person who owns or operates a public water supply system.
Water that rests or flows on the surface of the earth.
ABS (acrylonitrile-butadiene-styrene), PVC (poly-vinyl chloride)
or SR (styrene rubber) casing specified in the most recent revision
of ASTM Standard F480.
A device, usually a small diameter pipe, that carries gravel
pack or grouting materials to the bottom of a drillhole or boring
and which allows pressure grouting from the bottom up without introduction
of appreciable air pockets.
The source distribution system for any water or other liquid
or substance, which has not been approved by the Department or Board
as being of safe and sanitary quality for human consumption.
An aquifer in which the static water level does not rise
above the top of the aquifer.
Any naturally occurring uncemented, unlithofied material,
such as sand, gravel, clay, or soil.
A notice that is recorded at the registry of deeds stating
the purpose of the well, its physical location and a copy of the water
test results pursuant to Section VIII of these regulations.
The upper surface of the zone of saturation in an unconfined
formation at which the pressure is atmospheric.
A condition that does not allow the entrance, passage or
flow of water or other fluids under normal operating conditions.
A water well casing that has a wall thickness of 1/8 inch
or more, has no seams or has welded seams, and has sections that can
be joined together by watertight threads, by a weld, rubber gasket,
or by cement that is not limestone or clay based that seals the well
against the entrance of surface water into the groundwater.
Cased and grouted construction through firm formations like
clay or rock. Through granular material like sand or gravel, it means
that the casing pipe is of approved quality and assembled watertight.
A procedure consisting of the removal of fine sand and drilling
fluid from the water bearing sand, gravel, or rock materials opposite
the well screen.
An outlet at the upper end of a well casing or basement end
of a nonpressure conduit to allow equalization of air pressure in
a well but at the same time so constructed as to prevent entry of
water and foreign material into the well.
The quantity of water per unit of time which may flow or
be pumped from a well under specified conditions.
The zone below the water table in which all interstices are
filled with groundwater.
A.
The property owner or his designated representative
shall obtain a permit from the Board of Health prior to the commencement
of construction of a private well.
B.
Each permit application to construct a well shall
include the following:
(1)
The property owner's name and address.
(2)
The well driller's name and proof of valid state registration.
(3)
For new construction, a plan with a specified scale,
signed and stamped by a registered land surveyor, showing the location
of the proposed well in relation to existing and proposed above and
below ground structures and systems. For existing developed sites,
a plan if one exists, with a specified scale, such as a certified
plot plan, septic system as built, certified plan of land, showing
the location of the proposed well in relation to existing and proposed
above and below ground structures and systems.
(4)
A description of visible prior and current land uses
within 200 feet of the proposed well location, which represent a potential
source of contamination, including but not limited to the following:
(5)
A permit fee of $200.
D.
The permit shall be on site at all times that work
is taking place. Each permit shall expire one year from the date of
issuance unless revoked for cause. Permits may be extended for one
additional six-month period, provided that a written request is received
by the Board prior to the one-year expiration date. No additional
fee shall be charged for a permit extension, provided there is no
change in the plans for the proposed well.
E.
Well construction permits are not transferable between
installers.
A.
The issuance of a water supply certificate by the
Board shall certify that the private well may be used as a drinking
water supply. A water supply certificate must be issued for the use
of a private well prior to the issuance of an occupancy permit for
an existing structure or prior to the issuance of a building permit
for new construction, which is to be served by the well. A water supply
certificate shall not be permitted until a wastewater disposal system
plan has been submitted to the Board of Health and such plan has been
approved.
C.
Upon the receipt and review of the above fully completed
documents, the Board shall make a final decision on the application
for a water supply certificate. A final decision shall be in writing
and shall comprise one of the following actions:
(1)
Issue a water supply certificate.
(2)
Deny the applicant a water supply certificate and
specify the reasons for the denial.
(3)
Issue a conditional water supply certificate with
those conditions which the Board deems necessary to ensure fitness,
purity and quantity of the water, derived from that private well.
Said conditions may include but not be limited to requiring treatment
or additional testing of the water.
D.
A construction permit for a wastewater disposal system
shall not be issued until the Board of Health issues a water supply
certificate.
A.
In locating a well, the applicant shall identify all
potential sources of contamination which exist or are proposed within
200 feet of the site. When possible, the well shall be located upgradient
of all potential sources of contamination and shall be as far removed
from potential sources of contamination as possible, given the layout
of the premises.
(1)
Each private well shall be accessible for repair,
maintenance, testing, and inspection. The well shall be completed
in a water bearing formation that will produce the required quantity
of water under normal operating conditions.
(2)
Each private well shall be located at least 25 feet
from any property line/road right-of-way. The center line of a well
shall, if extended vertically, clear any projection from an adjacent
structure by at least five feet.
(3)
Each private well shall be located at least 25 feet,
laterally, from the normal high water mark of any lake, pond, river,
stream, ditch, or slough. When possible, private water systems shall
be located in areas above the one-hundred-year floodplain.
(4)
All wells and/or suction lines shall be located a
minimum of 10 feet from a building sewer constructed of durable corrosion-resistant
material with watertight joints, or 50 feet from a building sewer
constructed of any other type of pipe; 50 feet from a septic tank;
100 feet from a leaching field and soil absorption system; and 100
feet from a privy.
(5)
If the one-hundred-foot radius of the well extends
onto an abutting property(s), the well applicant shall send a certified
registered letter to the abutting property owner(s). The letter shall
indicate that the abutting property owner(s) contact the Board of
Health with 10 business days if the applicant has an issue with the
well radius extending onto his/her property. A copy of the letter
must be provided to the Board of Health and approved together with
evidence of receipt by the abutting owner prior to issuance of a well
construction permit.
(6)
Water supply lines shall be installed at least 10
feet from and 18 inches above any sewer line. Whenever water supply
lines must cross sewer lines, both pipes shall be constructed of Class
150 pressure pipe and shall be pressure tested to assure watertightness.
(7)
The Board reserves the right to impose minimum lateral
distance requirements from other potential sources of contamination
not listed above. All such special well location requirements shall
be listed, in writing, as a condition of the well construction permit.
B.
Use requirements.
(1)
Irrigation wells.
(a)
Irrigation wells are subject to the same standards
as drinking water wells. The Board may, but is not required to, issue
variances for irrigation wells, and may require additional information
to be in place prior to these wells being placed into service. Some
of the requirements may be:
[1]
If possible, all connections between the well
and irrigation system must be outside the dwelling;
[2]
Any connection, such as a faucet may require
a visible label that states "NONPOTABLE WATER, DO NOT DRINK", or other
similar wording; and
[3]
All irrigation wells must be connected directly
to either a pressurized holding tank or, the irrigation system. This
should be determined by the intended use and installer recommendations.
(b)
All plumbing and electrical work on the irrigation
system needs to be done by licensed individuals and conform to all
state regulations and codes. The local plumbing inspector must inspect
all installations.
(c)
If a property owner wishes to discontinue using
water supplied by the Town of Middleton Water Department, then the
well needs to meet the criteria for drinking water wells in these
regulations. The termination of the public water supply needs to comply
with MGL 111, § 160A, and 310 CMR 22.22.
(2)
Cross-connections. Cross-connections are prohibited.
(a)
No person shall maintain upon premises which
they own or occupy a cross-connection between the distribution system
of a public water supply, the water of which is being used for drinking,
domestic, or culinary purposes, and the distribution system of any
unapproved water source, unless the installation has been reviewed
and approved by the appropriate reviewing authority and permits have
been issued as described in 310 CMR 22.22.
(b)
The Middleton Board of Health or its agent,
and/or the Middleton Water Department, shall, without notice, have
the authority to terminate any water service connection to any facility
where cross-connections are maintained without required backflow prevention
devices which have been approved by the reviewing authority.
(c)
Whoever maintains such a connection in violation
of MGL c. 111, § 160A may be subject to a fine of not more
than $25,000 for each day the violation occurs or continues, and/or
by imprisonment for not more than one year.
(3)
Ground source heat pump (GSHP) well/system, also known
as geothermal wells.
(a)
Ground source heat pump wells are subject to
the same standards as drinking water wells. The installation of these
GSHWs require adherence to Underground Injection Control (UIC) requirements
that are administered by the UIC Program or the Groundwater Discharge
Program (as applicable) in the Massachusetts Department of Environmental
Protection (MassDEP), Bureau of Resource Protection (BRP) and the
Well Driller Registration Program in Massachusetts Department of Conservation
and Recreation (DCR), Office of Water Resources.
(b)
GSHP wells that also serve as potable water
supply wells shall meet the minimum setback requirements within this
document and/or MassDEP's Private Well Guidelines or MassDEP's Guidelines
and Policies for Public Water Systems, whichever is more stringent.
(c)
The Board may issue variances, but is not required
to, for these wells, and at its discretion, may require additional
information to be submitted and approved prior to these wells being
placed into service.
In order to demonstrate the capacity of the
well to provide the required flow rates of water, a pumping test,
witnessed by the Board of Health's representative, shall be conducted
in the following manner:
A.
The flow test shall be performed with the well rig
on site (air lift pumping). The required flow rates are as follows:
(1)
Well depth up to 300 feet: minimum five gallons per
minute.
(2)
Well depth up to 400 feet: minimum three gallons per
minute.
(3)
Well depth up to 500 feet: minimum two gallons per
minute.
(4)
Well depth up to 600 feet: minimum one gallon per
minute, but needs to be conducted after a five-hundred-gallon pump
down.
B.
If a flow test, as listed above, is not performed:
The well must be able to pump three gpm throughout four-hour periods
on two consecutive days, with 720 gallons each day. Alternately, the
well must be able to produce 1,440 gallons in a single eight-hour
period.
A.
After the well has been completed and disinfected,
and prior to using it as a drinking water supply, or irrigation, a
water quality test shall be conducted.
B.
A water sample shall be collected either after purging
three well volumes or following the stabilization of the pH, temperature
and specific conductance in the pumped well. The certified well driller
or an independent contractor, not the homeowner, shall collect the
water sample. The water sample to be tested shall be collected at
the pump discharge or from a disinfected tap in the pump discharge
line. In no event shall a water treatment device be installed prior
to sampling.
C.
The water quality test, utilizing an applicable US
EPA approved method for drinking water testing shall be conducted
by an EPA or Massachusetts certified laboratory and shall not exceed
Massachusetts primary water standards for public water supplies and
shall include analysis for the following parameters, but not limited
to, total coliform, calcium, copper, iron, magnesium, manganese, potassium,
sodium, alkalinity, ammonia, chloride, chlorine, color, conductivity,
hardness, nitrates, nitrites, pH, odor, sulfates, turbidity, sediment,
lead, arsenic, fluoride, radon volatile organic compounds (VOC), and
total organic halides (TOX). EPA method 524 or its equivalent shall
be used to measure VOC levels, which must not exceed the maximum levels
allowed by 310 CMR 22.00. If the test result reveals that some of
the parameters fail the secondary drinking water standards, it is
recommended that the owner consult with a certified lab and/or a water
treatment company to discuss treatment options.
D.
The Board reserves the right to require retesting
of the above parameters, or testing for additional parameters when,
in the opinion of the Board, it is necessary due to local conditions
or for the protection of the public health, safety and welfare. All
costs and laboratory arrangements for the water testing are the responsibility
of the applicant.
A.
Pursuant to 313 CMR 3.00, no person in the business
of drilling shall construct a well unless registered with the Department
of Environmental Management/Office of Water Resources.
B.
Any work involving the connection of the private well
to the distribution system of the residence must conform to the local
plumbing code. All electrical connections between the well and the
pump controls and all piping between the well and the storage and/or
pressure tank in the house must be made by a pump installer or registered
well driller, including the installation of the pump and appurtenance
in the well or house.
C.
A physical connection is not permitted between a water
supply, which satisfies the requirements of these regulations, and
another water supply that does not meet the requirements of these
regulations without prior approval of the Board. (See Cross-connection,
Section, VI(2).
D.
General well design and construction.
(1)
All private water supply wells shall be designed such
that:
(a)
The materials used for the permanent construction
are durable in the specific hydrogeologic environment that occurs
at the well site.
(b)
No unsealed opening will be left around the
well that could conduct surface water or contaminated groundwater
vertically to the intake portion of the well or transfer water from
one formation to another.
(2)
Permanent construction materials shall not impart
toxic substances, taste, odors, or bacterial contamination to the
water in the well.
(3)
The driller shall operate all equipment according
to generally accepted standards in the industry and shall take appropriate
precautions to prevent damage, injury or other loss to persons and
property at the drilling site.
(4)
Well construction design shall insure that surface
water does not enter the well through the opening or by seepage through
the ground surface. Construction site waste and materials shall be
disposed of in such a way as to avoid contamination of the well and
the aquifer. During any time that the well is unattended, the contractor
shall secure the well in a way as to prevent either tampering with
the well or the introduction of foreign material into the well.
(5)
Well yield shall be measured and recorded at least
every 50 feet during drilling.
(6)
All water used for drilling, well development, or
to mix a drilling fluid shall be obtained from a potable water source
which will not result in contamination of the well or the water bearing
zones penetrated by the well.
(7)
Water from wetlands, swamps, ponds and other similar
surface features is prohibited.
(8)
All drilling equipment, including pumps and down hole
tools, shall be cleaned and disinfected prior to drilling each new
well or test hole.
(9)
All drilling fluids shall be nontoxic. Drilling fluid
additives shall be stored in clean containers and shall be free of
material that may adversely affect the well, the aquifer, or the quality
of the water to be pumped from the well, surfactants should be biodegradable.
The use of biodegradable organic polymers shall, when possible, be
avoided.
(10)
All wells, including those that have been hydrofractured,
shall be developed in order to remove fine materials introduced into
the pore spaces or fractures during construction. One or more of the
following methods shall be used for development: overpumping, backwashing,
surging, jetting, air-lift pumping.
(11)
The completed well shall be sufficiently straight
so that there will be no interference with installation, alignment,
operation or future removal of the permanent well pump.
E.
Well casing.
(1)
Private water supply wells shall be constructed using
steel well casing. The casing shall be of adequate strength and durability
to withstand anticipated formation and hydrostatic pressures, the
forces imposed on it during installation, and the corrosive effects
of the local hydrogeologic environment.
(2)
All casing used in the construction of private water
supply wells shall be free of pits, breaks, gouges, deep scratches
and other defects. If previously used casing is installed, it shall
be decontaminated and disinfected prior to installation.
(3)
Installation of water well casing shall be done in
a manner that does not alter the shape, size, or strength of the casing
and does not damage any of the joints or couplings connecting sections
of the casing. A standard drive shoe shall be used when casing is
installed. The drive shoe shall be either welded or threaded to the
lower end of the string of casing and shall have a beveled metal cutting,
edge forged, cast, or fabricated for this specific purpose.
(4)
Upon completion of the installation procedure, the
entire length of the casing above the intake shall be watertight.
(5)
For wells completed above grade, the casing shall
extend at least 12 inches above the finished ground surface unless
the well is located in a floodplain. For wells constructed in a floodplain,
the casing shall extend at least two feet above the level of the highest
recorded flood. The top of the casing shall be reasonably smooth and
level.
(6)
Steel casing shall consist of Schedule 40 pipe that
complies with materials standards approved by the American Water Works
Association.
(7)
Segments of steel casing shall be coupled by using
threaded casing, coupling, or by welding the joint. Recessed or reamed
and drifted couplings shall be used on threaded casing and no threads
shall be left exposed once the joint is completed. When welded casing
joints are used, they shall conform to the most recent revision of
AWWA C206, Standard for Field Welding of Steel Water Pipe. The weld
shall be at least as thick as the wall thickness of the well casing
and shall be fully penetrating. When completed, a welded casing joint
shall have a tensile strength equal to or greater than that of the
casing.
F.
Well screen. A well screen is necessary for all drilled
wells that are completed in unconsolidated formations. Wells completed
in bedrock do not require a screen unless the bedrock formation is
brittle in nature or has a potential for collapse. The well screen
aperture openings, screen length, and diameter shall be selected so
as not to limit the aquifers' water yielding characteristics while
preventing access of soil particles that would detract from well efficiency
and yield.
G.
Grouting and sealing.
(1)
Private wells drilled in bedrock shall be grouted
from the top of the weathered rock interface to a minimum of 15 feet
into competent bedrock. Either neat cement grout or sand cement grout
shall be used, and it shall be emplaced using standard grouting techniques
as described in the DEP Private Well Guidelines (most recent).
(2)
All wells completed with the casing extending above
grade shall have a surface seal designed to eliminate the possibility
of surface water flowing down the annular space between the well casing
and the surrounding backfilled materials. The surface seal shall extend
to a depth below the local frost line.
H.
Pumps and pumping equipment.
(1)
All pumps shall be installed either below the frost
line with a pitless adapter or in some other heated and protected
sanitary location. Above ground pumps shall be installed in sheltered,
dry, accessible locations and shall be protected from freezing.
(2)
Shallow-well pumps shall be installed as near the
well or water source as possible to minimize suction lift.
(3)
Deep-well reciprocating pumps shall be installed directly
over the well. Submersible and helical rotor pumps must be installed
in the well. A deep-well jet pump may be offset from the well.
I.
Wellhead completion.
(1)
Well casing shall not be cut off below the land surface
unless the well is being abandoned and permanently plugged. Well casing
terminating above-grade shall extend at least 12 inches above the
predetermined ground surface at the wellhead except when the well
is located in a floodplain. When a well is located in a floodplain,
the well casing shall extend at least two feet above the level of
the highest recorded flood. The top of the well casing shall be reasonably
smooth and level.
(2)
All wells shall be equipped with a sanitary seal or
watertight cap designed to prevent surface water and foreign matter
from entering the well. A flowing artesian well shall be equipped
with a shut-off valve and backflow preventer so that the flow of water
can be stopped completely when the well is not in use.
(3)
All wells except flowing artesian and dug wells shall
be vented. The opening of the vent pipe shall be covered with a 24-mesh
corrosion-resistant screen and shall be large enough to prevent water
from being drawn into the well through electrical conduits or leaks
in the seal around the pump when the pump is turned on. The vent pipe
shall terminate in a downward position at or above the top of the
casing.
(4)
All connections to a well casing made below ground
shall be protected by either a pitless adapter or a pitless unit that
complies with the most recent revision of National Sanitation Foundation
Standard Number 56, entitled "Pitless Well Adapters."
(5)
Above-grade connections into the top or side of a
well casing shall be at least 12 inches above the established ground
surface or two feet above the level of the highest known flood, whichever
is higher. Above-grade connections shall be sealed so that they are
watertight.
(6)
The ground immediately surrounding the well casing
shall be sloped downward and away from the well in all directions
to eliminate the possibility of surface water ponding.
J.
Disinfection.
(1)
Upon completion of well construction, the well contractor
shall disinfect the well. If a pump is to be installed by the well
contractor immediately upon completion of the well, the contractor
shall disinfect the well and the pumping equipment after the pump
has been installed.
(2)
If the pump is not installed upon completion of the
well, the pump contractor shall, upon installation, disinfect the
well and the pumping equipment. The pump contractor shall also disinfect
the entire water supply system after any maintenance or repair work
is done on the pump.
(3)
When a well is disinfected, the initial chlorine concentration
shall be 100 mg/l throughout the entire water column.
(4)
For newly constructed or altered wells in which the
pump is not immediately installed, the chlorine concentration used
to disinfect the well shall be 100 mg/l. Upon installation of the
pump, disinfection of the well, the pumping equipment, and the distribution
system, if connected, shall be accomplished with a chlorine concentration
of 100 mg/l.
(5)
The disinfectant solution shall remain, undisturbed, in the well for a minimum of two hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a state certified laboratory. For new wells, the sample shall be tested pursuant to § 343-8 of these regulations, and a water quality notice must be issued by the Board of Health prior to use of the well. For wells which have undergone repair, the sample shall be tested for coliform bacteria and any other parameters deemed appropriate by the Board.
A.
Abandoned wells, test holes, and borings shall be
decommissioned so as to prevent the well, including the annular space
outside the casing, from being a channel allowing the vertical movement
of water.
B.
The owner of the private well shall decommission the
well if the well meets any of the following criteria:
(1)
Construction of the well is terminated prior to completion
of the well.
(2)
The well owner notifies the Board that the use of
the well is to be permanently discontinued and the decommission of
the well is properly registered on the appropriate completion report
with the Department of Environmental Management/Office of Water Resources.
(3)
The well has been out of service for at least three
years.
(4)
The well is a potential hazard to public health or
safety and the situation cannot be corrected.
(5)
The well is in such a state of disrepair that its
continued use is impractical.
(6)
The well has the potential for transmitting contaminants
from the land surface into an aquifer or from one aquifer to another
and the situation cannot be corrected.
C.
The property owner shall be responsible for ensuring
that all abandoned wells and test holes or borings associated with
private well installation are properly plugged. Only registered well
drillers may plug abandoned wells, test holes, and borings.
D.
In the case of new well construction, all test holes
and borings shall be plugged before the well driller completes work
at the site.
E.
Abandoned wells or borings shall be completely filled
with a grout, which cures with a final permeability of less than IXIO-7
cm/sec. Wells shall be plugged with neat cement grout, sand cement
grout, concrete, or bentonite grout.
F.
Regardless of the type used, the grout:
(1)
Shall be sufficiently fluid so that it can be applied
through a tremie pipe from the bottom of the well upward.
(2)
Shall remain as a homogeneous fluid when applied to
the subsurface rather than disaggregating by gravity into a two phase
substance.
(3)
Shall be resistant to chemical or physical deterioration.
(4)
Shall not leach chemicals, either organic or inorganic,
that will adversely affect the quality of the groundwater where it
is applied.
G.
The plugging materials shall be introduced at the
bottom of the well or boring and placed progressively upward to a
level approximately four feet below the ground surface. Sealing materials
shall never be poured from the land surface into the well, borehole,
or annular space being sealed.
H.
The contractor shall emplace the surface seal no sooner
than 24 hours after the well or boring has been plugged. Before the
surface seal is placed, casing remaining in the hole shall be cut
off. The remaining four feet at the top of the well or boring shall
then be filled with concrete. The top of the seal shall comprise a
concrete slab above the top of the plugged well or boring. This concrete
slab shall be at least six inches thick and shall be at least two
feet greater in diameter than the well casing or borehole wall.
A.
The Board shall investigate violations of these regulations
and/or violations of any water supply certificate conditions and may
take such actions as the Board deems necessary for the protection
of the public health and the enforcement of these regulations.
B.
If any investigation reveals a violation of these
regulations or the water supply certificate conditions, the Board
shall order the private well owner to comply with the violated provisions(s).
C.
These orders shall be in writing and served in the
following manner:
(1)
Personally, by any person authorized to serve civil
process; or
(2)
By any person authorized to serve civil process by
leaving a copy of the order at the well owner's last and usual place
of abode; or
(3)
By sending the well owner a copy of the order by registered
or certified mail, return receipt requested, if the well owner is
within the commonwealth; or
(4)
If the well owner's last and usual place of abode
is unknown or outside the commonwealth, by posting a copy of the order
in a conspicuous place on or about the premises and by advertising
it for at least three out of five consecutive days in one or more
newspapers of general circulation within the municipality wherein
the private well affected is situated.
A.
The private well owner to whom any order has been served may request a hearing, pursuant to § 343-11 supra, before the Board by filing with the Board within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board shall set a time and place for such hearing and shall inform the well owner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The Board, upon application of the well owner, may postpone the date of hearing for a reasonable time beyond such thirty-day period if in the sole discretion of the Board the well owner has submitted a good and sufficient reason for such postponement. At the hearing the well owner shall be given an opportunity to be heard and show why the order should be modified or withdrawn. After the hearing, the Board shall sustain, modify, or withdraw the order and shall inform the well owner of its decision. If the Board sustains or modifies the original order, it shall be carried out within the time period allotted in the original order or in the modification.
B.
Every notice, order, or other record prepared by the
Board in connection with the hearing shall be entered as a matter
of public record in the office of the clerk of the city or Town, or
in the office of the Board.
C.
If a written petition for a hearing is not filed with
the Board within seven days after the day an order has been served
or if after a hearing, the order has been sustained in any part, each
day's failure to comply with the order as issued or modified shall
constitute an additional offense.
Any person aggrieved by the final decision of
the Board may seek relief therefrom within 30 days in any court of
competent jurisdiction, as provided by the laws of this commonwealth.
Any person who violates any provision of this
chapter, herein, or who fails to comply with any Town bylaw or order
by the Board, for which a penalty is not otherwise provided in any
of the General Laws, shall, upon conviction, be fined not less than
$250 nor more than $500. Each day's failure to comply with an order
shall constitute a separate violation.
A.
After a public hearing, the Board may, but is not
required to, grant a variance to the application of this chapter when,
in its opinion, the enforcement thereof would do manifest injustice,
and the applicant has demonstrated that a compelling hardship and
that the equivalent degree of protection will still be provided to
the private water supply without strict application to particular
provisions of these regulations.
B.
Every request for a variance shall be made in writing
and shall state the specific variance sought and the reasons therefor.
The writing shall contain all the information needed to assure the
Board that, despite the issuance of a variance, the public health
and environment will be protected. Notice of the hearing shall be
given by the Board, at the applicant's expense, at least 10 days prior
thereto, by certified mail to all direct abutters or abutters adjacent
to a common right-of-way of the property upon which the private well
is located and by publication in a newspaper of general circulation
in the Town or city in which the private well is located. The notice
shall include a statement of the variance sought and the reasons therefor.
Any grant or denial of a variance shall be in writing and shall contain
a brief statement of the reasons for approving or denying the variance.
C.
Any variance may be subject to such qualification, revocation, suspension, condition, or expiration as is provided in this chapter or as the Board expresses in its grant of the variance. A variance may otherwise be revoked, modified or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard, pursuant to § 343-11 of this chapter.
If any provision of this chapter or the application
thereof is held to be invalid by a court of competent jurisdiction,
the invalidity shall be limited to said provision(s) and the remainder
of these regulations shall remain valid and effective. Any part of
these regulations subsequently invalidated by a new state law or modification
of an existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately,
without recourse to a public hearing and the customary procedures
for amendment or repeal of such regulation.
This chapter was adopted by vote of the Middleton,
Massachusetts Board of Health, at its regularly scheduled meeting
held on October 1, 2008 and is to be in full force and effect on and
after October 3, 2008. Before said date, this chapter shall be published
and a copy thereof be placed on file in the Board of Health Offices
and filed with the Department of Environmental Protection, Division
of Wastewater Management (formerly Division of Water Pollution Control)
in Boston. These regulations or any portions thereof may be amended,
supplemented or repealed from time to time by the Board, with notice
as provided by law, on its own motion or by petition.
The issuance of a well permit shall not be construed
as a guarantee by the Board or its agents that the water system will
function satisfactorily nor that the water supply will be of sufficient
quality or quantity for its intended use.
