The Commonwealth of Massachusetts State Environment Code, Title
5, shall be considered a minimum standard for the design and installation
of sewage disposal systems. In addition, as authorized by MGL c. 111,
§§ 31 and 127, the Lancaster Board of Health has enacted
the following supplementary regulations. Previous issues of Lancaster
Board of Health regulations controlling the subsurface disposal of
sewage are rescinded and superseded hereby.
The definitions in 310 CMR 15.002 shall apply except as modified
or added to in this section:
See "NABH."
LBOH or Lancaster Board of Health.
Lancaster Board of Health.[1]
The Nashoba Associated Boards of Health; hereinafter referred
to as the board's agent. A regional health district, of which Lancaster
is a member, which acts as agent for the Lancaster Board of Health
in matters including those pertaining to the implementation and enforcement
of the provisions of 310 CMR 15.001 through 15.505 and MGL c. 111,
§ 27A.
[1]
Editor’s Note: The former definition of “maximum
groundwater elevation,” which immediately followed this definition,
was repealed 10-3-2018.
The Board reserves the right to exercise all authority and perform
all functions assigned to, and normally exercised by, its agent.
[Amended 10-3-2018]
A.
Application for a disposal works construction permit. An application
for a disposal works construction permit for all installations and
repairs of systems (hereinafter referred to as "permit" shall be filed
with the Board's agent. A fee shall be paid to the Board's agent at
the time of application.
B.
Application for lot inspection. An application for lot inspection
shall be made by the Board's agent, and any fee required shall be
paid to the Board's agent at that time. All field tests to be used
as design basis for a system shall be conducted by a registered sanitarian,
professional engineer or soil evaluator and shall be witnessed by
the Board's agent. Inspection required during construction of a system
shall be made by the Board's agent.
C.
Plans. The following information, in addition to that required by
310 CMR 15.220, shall be provided on all plans and as-built plans.
Plans for the construction of systems shall be prepared by a professional
engineer or registered sanitarian and shall be submitted to the Board's
agent and the Board.
(1)
Any permit for a subsurface sewage disposal system must be accompanied
by a locus map showing all proposed and existing wells and proposed
and existing subsurface sewage disposal systems on the lot within
200 feet of the proposed well and the proposed subsurface sewage disposal
system.
(2)
If a proposed project contains more than four lots, the Board of
Health requests that two master plans be submitted showing the lot
lines, topography, proposed septic system, well and house locations,
wetlands, surface water, drains, easements and floodplain information.
These plans must be submitted prior to the submission of individual
lot plans for approval. A site visit may also be required.
(3)
No systems shall have sewage disposal lines more than 100 feet long
between the cellar wall and leaching area. The groundwater, soil,
and bedrock conditions along proposed route of pipe, type of pipe
and joints, locations and details of clean-outs and manholes will
be required on the plan if a variance is applied for.
D.
Fill easement. No certificate of compliance shall be issued if fill
associated with any component of the system extends onto an adjacent
lot, or if the plan requires that fill associated with the reserve
area extend into an adjacent lot, unless an appropriate easement is
duly executed by the owner of said lot and recorded and a copy of
said easement is submitted to the Board's agent and the Board. The
permit for a system requiring a fill easement shall state that requirement.
E.
Issuance of disposal works construction permit. After reviewing a
plan, the Board's agent shall prepare a permit and shall forward the
permit to the Board. If the Board's agent approves the plan, the agent
shall initial the permit. If the Board's agent does not approve the
plan, the agent shall submit to the Board, with the permit, a written
summary of the reasons for not approving the plan. At a scheduled
meeting, the Board shall review the plan, the permit, and any other
applicable documents and shall issue the permit by signing it or shall
deny the permit and provide the applicant or the applicant's representative
the reasons for the denial.
F.
Alterations. Alterations to wells, septic tanks, seepage pits, leaching
trenches or other means of subsurface disposal shall not be constructed
or installed until a permit has been first obtained from the Board
of Health.
G.
Revocation. The Board reserves the right to revoke any approval,
permit, or certificate of compliance which is found to be based on
incorrect, incomplete, or misleading information. If unanticipated
conditions encountered during the construction necessitate deviations
from the approved plan, it shall be the responsibility of the applicant
to request prior approval for such deviations from the Board's agent
or the Board.
H.
Connection to a common sanitary sewer. Individual sewage disposal
systems or other means of on-site sewage disposal shall not be approved
where connection to a common sanitary sewer is feasible on the property
to be served and where permission to enter such a sewer can be obtained
from the authority having jurisdiction over it.
I.
Water treatment plants. The Lancaster Board of Health will not issue
applications for permits for non-municipality-owned sewage collection,
treatment and disposal systems, to serve two or more detached single-family
residences.
J.
Field tests. The results of all field tests performed in the vicinity
of a proposed or existing system, including the reserve leaching area,
shall be provided to the Board's agent and the Board on the plan or
on sheets referenced to and attached to the plan and certified by
the engineer.
K.
Deep hole tests. At least two deep test holes shall be located within
the proposed primary leaching area, and at least two deep test holes
shall be located within the proposed reserve leaching area. The number
and location of deep test holes shall provide reasonable assurance
of the range of soil conditions. The Board's agent may require additional
test holes.
L.
Fill limitations. Subsurface sewage disposal systems shall not be
constructed in fill which is to be placed directly on or near ledge,
hardpan, or other impervious materials or in any area where peat is
present or when the groundwater level is two feet or less below natural
grade surface. A depth of a least four feet of pervious material (determined
by a percolation test) in natural soil shall be maintained below the
bottom of the leaching area. Soils will be observed to a depth of
at least four feet below the bottom of the proposed leaching and expansion
areas to prepare a soils log of the soils.
M.
Percolation tests.
(1)
At least one percolation test shall be located within the primary
leaching area, and at least one percolation test shall be located
within the reserve area. Additional percolation tests may be required
by the Board's agent to determine the vertical and/or lateral variations
in soil conditions. Percolation tests shall not be performed in deep
test holes. The results of all percolation tests performed on a lot,
in or near the area of the system, shall be presented in the plan.
(2)
A leaching facility shall not be closer than 25 feet to a failing
percolation test unless a passing percolation test has been proven
between the leaching facility and the failing percolation test.
N.
Restoration. Deep test holes and holes for percolation tests shall
be filled in immediately after completion of lot inspection by the
Board's agent.
O.
System design criteria. All information related to and necessary
for the design or repair of a system shall be included on the plan.
P.
Perimeter drain. Perimeter drains shall be gravity flow only; no pumped drain system shall be allowed. The effectiveness of a perimeter drain system in lowering the maximum groundwater elevation shall be determined by deep test holes or monitoring wells as described in Subsection K.
Q.
Distances. The locations of the disposal facilities shall be compliant
with Title 5.
R.
Garbage disposal units/grinders. Garbage disposal units are not allowed
in any dwelling where a septic tank or individual sewage system is
installed, unless specifically included in the design of the subsurface
sewage disposal system.
S.
Office and industrial buildings. Sewage disposal design must be based
on the square footage of the building rather than the number of employees.
T.
Shared systems.
(1)
An individual sewage disposal system and all connecting sewer lines
shall be installed on the same lot as the facility(ies) discharging
sewage into said system.
(2)
Shared systems will only be approved if each individual lot proposed
to use such systems can support a subsurface sewage disposal system
which can meet the requirements of Title 5 and local regulations without
variance. The area proposed which could support a subsurface sewage
disposal system on each lot shall not be used for any other purpose.
U.
Alternative systems.
(1)
The Board of Health may establish any special conditions necessary
to ensure adequate protection of public health and safety and the
environment, and to ensure appropriate evaluation inspections, maintenance
repairs and replacement. Such conditions may include, without limitation:
(2)
The Board of Health may also specify changes or modifications of
requirements otherwise applicable to conventional systems and that
are appropriate for use of alternative systems. Prior to the approval
of an alternative system for new construction, the applicant must
demonstrate that the lot can support a subsurface sewage disposal
system meeting Title 5 and Lancaster Board of Health regulations without
a variance. The area proposed which could support a subsurface sewage
disposal system on each lot shall not be used for any other purpose.
V.
Effective date. This regulation was amended on October 3, 2018 and
shall take effect October 3, 2018.
