Records of all public meetings and hearings and other actions
of the Board of Health shall be maintained in the Health Department
office in Town Hall.
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The provisions of Title 1 of the State Environmental Code (310
CMR 11.00) shall govern the enforcement of these regulations.
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Each section of these rules and regulations shall be construed
as separate. If any section, regulation, paragraph, sentence, clause,
phrase or word of these rules and regulations shall be declared invalid
for any reason, the remainder of these rules and regulations shall
remain in full force and effect.
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The effective date of each regulation is shown at the end of
each section in [brackets].
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The term, "discharge," as used and applied in this regulation,
does not include the following:
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Airplane, boat and motor vehicle service, repair and salvage.
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Motor and machinery service and assembly.
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Chemical and bacteriological laboratory operation.
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Painting, wood preserving and furniture stripping.
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Cabinetmaking.
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Dry cleaning.
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Printing.
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Photographic processing.
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Fiberglass and plastic products fabrication.
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Metal plating, finishing and polishing.
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Electronic circuit assembly.
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and that provisions be made to contain the product in case of
accidental spillage. Containers shall be stored in such a way as to
facilitate visual inspection of each container for damage and leakage.
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THIS STORE HAS STORAGE FACILITIES TO ACCEPT RETURN OF UP TO
2 GALLONS OF MOTOR OIL DAILY WITHOUT CHARGE WHEN ACCOMPANIED BY PROOF
OF PURCHASE.
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Every request for a variance shall be made in writing and shall
state the specific variance requested and the reasons therefor. All
variances required shall be noted on the plan and specify which restrictive
distance in 310 CMR 15.000 or Falmouth Board of Health regulations
can not be met. Any variance granted by the Board of Health shall
be in writing. Any denial of a variance shall also be in writing and
contain a brief statement of the reasons for the denial. A copy of
any variance granted shall be available to the public at all reasonable
hours in the office of the Town Clerk or the Board of Health while
it is in effect.
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Any variance or other modification authorized to be made by
these regulations may be subject to such qualification, condition,
revocation, suspension or expiration as the Board of Health expresses
in its grant. A variance or modification authorized to be made by
these regulations 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 in conformity
with the requirements of 310 CMR 11.00 for orders and hearings.
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All variances to Title 5 granted by the Board of Health shall
be recorded at the Barnstable Registry of Deeds in the chain of title
of the subject property. The cost of recording shall be paid by the
applicant. A copy of the recorded variance shall be returned to the
Health Department. Variances shall be valid for two (2) years unless
a certificate of compliance for the associated construction works
permit application has been obtained.
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Penalty for failure to comply with any provision of this regulation
shall be governed by Massachusetts General Laws, Chapter 111, Section
31. Each day's failure to comply with an order shall constitute a
separate violation.
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Further, the Board of Health, after notice to and after a hearing
thereon, may suspend, revoke, or modify any permit issued hereunder
for cause shown.
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Septic Systems Near Surface Waters and Wetlands
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Purpose: On-site sewage disposal systems designed to meet 310
CMR, 15.00: The State Environmental Code Title 5, Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage have not proven to
be adequate protection from viruses, pathogens, and other contaminants
of groundwater and surface water particularly in areas where there
is a lack of filtration due to rapidly percolating soils. Scientists
have observed virus entrainment in groundwater to distances of greater
than two hundred (200) feet from where they were introduced to the
subsurface through a conventional on-site sewage disposal system,
and in saturated or groundwater flow, viruses can travel unattenuated
in medium-to-coarse sands for distances exceeding the minimum requirements
set forth in 310 CMR 15.211. Human consumption of viruses, pathogens,
and other contaminants which enter shellfish resource areas, swimming
areas, and/or within zones of contribution to public water supply
wells can place the public at risk to disease.
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No septic system leaching facility serving new construction
as defined in 310 CMR 15.002 shall be constructed within one hundred
(100) feet of a surface water or wetlands (as defined in 310 CMR 15.002
The State Environmental Code, Title 5: Minimum Requirements for the
Subsurface Disposal of Sanitary Sewage) or within one hundred (100)
feet of a water body or a bordering vegetated wetland as described
in 310 CMR 10.00: Wetlands Protection. Further, no system shall be
located on a coastal beach, barrier beach or dune as described in
310 CMR 10.00: Wetlands Protection Act. The minimum distance of a
completely sealed septic tank shall be fifty (50) feet from a surface
water or wetland as defined above.
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The following conditions shall be required for the repair of
those septic systems proposed within one hundred (100) feet of surface
waters or wetlands. These regulations proceed on the principle that
localized hydraulic loading resulting from gravity fed soil absorption
systems results in decreased hydraulic retention, decreased wastewater
treatment and removal of pathogens. This situation compromises the
public health near sensitive receptor sites such as surface waters,
including wetlands. This regulation incorporates the principle that
increased vertical separation between the bottom of the soil absorption
system or equalized loading over the soil absorption system, afforded
by pressure distribution networks, or alternative technologies may
compensate for horizontal setback deficiencies. Accordingly, where
the health agent has determined that all feasible means have been
taken to minimize the incursions toward the resource area, the following
design features shall be incorporated. Notwithstanding the incorporation
of the following design features, the health agent may, at his/her
discretion refer any plan to the Board of Health for a hearing when,
in their opinion, the applicant has not adequately demonstrated that
all feasible means have been taken to minimize excursions toward resource
areas.
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Note: Effective 1992, under MGL c. 111, § 31 (violation
of health regulation), maximum fines increased from five hundred dollars
($500) to one thousand dollars ($1,000) and § 122 (violation
of nuisance regulations) maximum fines increased from one hundred
dollars ($100) to one thousand dollars ($1,000).
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General requirements: Variances may be granted only as follows:
the Board of Health may vary the application of any provisions of
this regulation with respect to any particular case when, in its opinion
the applicant has demonstrated that (1) the enforcement thereof would
do manifest injustice after considering all the relevant facts and
circumstances of the individual case; and (2) a level of public health
and protection, that is at least equivalent to that provided under
these regulations, can be achieved without strict enforcement of the
provision of the regulation from which a variance is being sought.
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Every request for a variance shall be made in writing and shall
state the specific variance requested and the reasons therefor from
the Falmouth Board of Health regulations only. All variances granted
by the Falmouth Board of Health shall be in writing. Any denial of
a variance shall also be in writing and contain a brief statement
of the reasons for the denial. A copy of any variance granted shall
be available to the public at all reasonable hours in the office of
the Town Clerk or the Board of Health while it is in effect.
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Any variance or other modification authorized to be made by
these regulations may be subject to such qualification, condition,
revocation, suspension or expiration as the Board of Health expressed
in its grant. A variance or modification authorized to be made by
these regulations may otherwise be revoked, modified or suspended,
in whole or in part, only after the hold thereof has been notified
in writing and has been given an opportunity to be heard in conformity
with the requirements of Massachusetts state code 105 CMR 435 for
orders and hearings.
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