The majority of the dwellings in the Town of Boxford, Massachusetts,
rely on private wells as their source of potable water. Such wells,
and including wells for irrigation and agricultural use, are not regulated
under State Code, 310 CMR 22.00, and are under authority of the Board
of Health. For this reason, the Board of Health for the Town of Boxford,
acting under MGL c. 111, § 31, as amended, and with reference
to MGL c. 40, § 54, in the interest of and for the protection
of public health, established and adopted the following rules and
regulations concerning private well water supplies in the Town of
Boxford.
As used in this regulation, the following terms shall have the
meanings indicated:
ABANDONED WELL
A well that has not been used as a source of potable water
for at least 12 consecutive months.
ABUTTER
The person or persons owning land contiguous to or within
100 feet of the lot lines of the land owned by an applicant applying
for a variance to this regulation.
APPROVED LOCATION
The preapproved area defined in the well permit for a specific
property in Boxford within which the well contractor may carry out
test borings or well drilling for the purpose of investigating the
potential for or installation of a safe drinking water supply.
BEDROCK WELL
A drilled well which extends into the bedrock and has a sealed
casing.
DEP
The Massachusetts Department of Environmental Protection.
DEP-CERTIFIED WATER TESTING LABORATORY
A laboratory that has been deemed capable by the DEP of producing
valid data for tests of specified contaminants, such as nitrate, volatile
organic compounds (VOC's), fecal coliform bacteria, etc., and has
demonstrated it is able to perform accurate testing using scientific
methods which have been approved by the United States Environmental
Protection Agency.
DUG WELL
A shallow well or pit which has been constructed by excavation.
DWELLING
Every building or shelter, including but not limited to rooming
houses and temporary housing used or intended for human habitation,
and every other structure or condition located within the same lot
lines whose existence causes or is likely to affect noncompliance
with the provisions of this regulation. (Ref: 105 CMR 410.000)
DWELLING UNIT
The room or group of rooms within a dwelling used or intended
for use by one family or household for living, sleeping, cooking and
eating. "Dwelling unit" shall also mean "condominium unit." (Ref:
105 CMR 410.000)
IRRIGATION WELL
A well used as a source of water for irrigation of agricultural,
residential or public lands and not intended for human consumption.
LIVESTOCK WELL
A well used as a source of water for animals kept on agricultural,
residential or public lands and not intended for human consumption.
MANURE STORAGE AREA
An area approved by the Board of Health for the storage of livestock manure and as located on the drawing submitted as part of an application for a stable permit to the Board of Health. (Ref: Boxford Code Chapter
203, Stable Licensing).
MONITORING WELL
A well drilled for the purpose of sampling and testing water quality. The well shall not be used as a source of potable water and shall be abandoned once testing is completed according to these regulations [§
202-3D(2)], unless reapplication is made to convert the monitoring well into a potable water supply.
PERSON
Any individual, family, partnership, association, firm, company,
corporation, agency, group (including a city, town, county, state
or other governmental unit) or any other entity responsible in any
way for an activity subject to this regulation.
POTABLE WATER SUPPLY
A well or other source of water for human consumption which
provides water which should meet all primary and secondary drinking
water standards and guidelines as established by the DEP.
PUBLIC WATER SYSTEM
Any system for the provision to the public of piped water
for human consumption, if such system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days of the year. (Ref: 310 CMR 22.00)
WATER SYSTEM
All pipes, valves, fittings, tanks, pumps, motors, switches,
controls and appurtenances installed or used for the purpose of storage,
distribution, filtration, treatment or purification of water for any
use, whether or not located inside a building.
WELL
Any pit, pipe, excavation, casing, drill hole, boring, test
boring, or other private source or potential source of water to be
used or potentially used for the purpose of supplying potable water
or water for irrigation or agricultural use or used for analysis and
testing purposes.
WELL CONTRACTOR
A person or persons registered by the Commonwealth of Massachusetts
to engage in the business of digging or drilling wells within the
commonwealth. (Ref: MGL c. 21, § 16)
WELL DRILLING PERMIT
A permit issued by the local Board of Health or its agent
for the purpose of granting permission to a well contractor to drill
or bore into the earth for the purpose of exploring or testing an
approved location as a potential water source or for the purpose of
monitoring water quality. Such permit is issued as part of the well
drilling permit application submitted by the well contractor prior
to the start of any test boring or well drilling activity. Permits
must be signed by the person(s) owning the land; or, to be signed
by the well drilling contractor, a signed letter from the land owner
stating that the well contractor may sign the permit must be presented
as part of the permit process. Permits for well drilling on Town land
must be signed by an authorized representative of the Select Board
Members.
[Amended 9-12-2020 ATM by Art. 19]
Every request for a variance from this regulation on a specific
property shall be made by the property owner, in writing, to the Board
of Health and shall state the specific variance sought and the reason
for the request. The Board will notify the applicant of a date for
a hearing to consider the variance within 45 days of receiving said
request. The person requesting the variance shall also be responsible
for notifying all abutters of the variance request as well as the
time and place of the hearing to consider the variance. The Board
of Health shall make a determination on the variance request within
30 days following the variance hearing.
Any person aggrieved by the decision of the Board of Health
may seek relief therefrom within 30 days in any court of competent
jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
So far as the Board of Health may provide, each section of these
rules and regulations shall be construed as separate, and to the end
that if any section, item, sentence, clause or phrase shall be held
invalid for any reason, the remainder of these rules and regulations
shall continue in full force and effect.
This regulation will take effect on or about September 8, 2010.
As required by MGL c. 111, § 31, an attested copy of this
regulation has been filed with the Massachusetts Department of Environmental
Protection and with the Town Clerk of Boxford.