[Adopted 4-28-2014 ATM, Art. 28[1]]
[1]
Editor's Note: This article also repealed former Art. I, Connections,
adopted 3-21-1987 ATM, Art. 20, as amended 11-20-1989 STM, Art. 3.
The owner or occupant of a building situated within the Groton
Center Sewer System (the Sewer System), as it may be amended, shall:
A.
In the case of an existing building within the sewer system as of
the effective date of this article, connect said building to the sewer
with an effective drain within six months of said effective date or,
in the case of an extension of the sewer system, within two years
of the date when said sewer is available for such connection.
B.
In the case of a new building within the sewer system constructed
after the effective date of this article, or in the case of renovation
of a building which would trigger the requirement to upgrade a subsurface
sewage disposal system under the provisions of Title 5 of the State
Environmental Code (310 CMR 15.000) or any successor regulation, connect
said building to the sewer prior to the issuance of a certificate
of occupancy by the Building Inspector.
C.
Authority. The Groton Sewer Commission and the Groton Board of Health shall both be responsible for enforcement and oversight of §§ 190-1 and 190-2 and may act independently and cooperatively within their respective areas of responsibility. The Groton Sewer Commission shall provide administrative services, such as maintenance of connection records for properties within the Sewer System and issuance of notices to property owners. The Groton Board of Health shall address matters of compliance and act upon applications for variances.
A variance from the connection requirement may be granted by
the Board of Health for any one of the following reasons:
A.
That said land by reason of its grade or level or any other cause
cannot be drained into such sewer, or that a connection is economically
unfeasible (defined as the cost of connection being in excess of 10%
of the assessed value of the subject property). The applicant shall
provide sufficient documentary evidence that a connection is not a
feasible option; or
B.
In the case of property used for residential purposes, that the buildings
on said land are served by a private on-site subsurface sewage disposal
system which was issued a certificate of compliance in accordance
with the provisions of said Title 5 as in effect on or after March
31, 1995, and, after an inspection as defined in 310 CMR 15.302, is
determined not to be failing to protect public health and safety and
the environment as defined in 310 CMR 15.303. Such variance shall
continue for a period of three years, provided the subsurface sewage
disposal system is pumped once a year during said three years, or
for a period of two years if the system has not been so pumped. After
such time period the system shall be re-inspected and an additional
variance may be granted if the re-inspection determines the system
is not failing to protect public health and safety and the environment
as defined in 310 CMR 15.303. Any variance granted under this subsection
shall expire upon the "transfer of title" to the property served by
the system, as defined in 310 CMR 15.301, and the property shall be
connected no later than 90 days after the date of the transfer of
title.
C.
In the case of property used for nonresidential purposes, that the
buildings on said property are served by a private on-site subsurface
sewage disposal system which was issued a certificate of compliance
in accordance with the provisions of said Title 5 as in effect on
or after March 31, 1995, and, after an inspection as defined in 310
CMR 15.302, is determined not to be failing to protect public health
and safety and the environment as defined in 310 CMR 15.303. Such
variance shall expire after one year. After such time period the subsurface
sewage disposal system shall be re-inspected and a variance may be
granted if the reinspection determines the system is not failing to
protect public health and safety and the environment as defined in
310 CMR 15.303. Any variance granted under this subsection shall expire
upon the "transfer of title" to the property served by the system,
as defined in 310 CMR 15.301, and the property shall be connected
no later than 90 days after the date of the transfer of title.
D.
In the event that the Massachusetts Department of Environmental Protection
or successor entity institutes a set of requirements for subsurface
sewage disposal system performance stricter than those set forth in
the then current version of said Title 5, any variances granted hereunder
shall not be considered as exempting the applicable disposal system
from the connection requirement. Instead, in that case, any existing
systems with variances must either meet the new requirements or the
property must be connected to the sewer system. Such mandatory connections
shall be made within 90 days of the effective date of the new requirements
for commercial properties or six months of said effective date for
residential properties.
E.
The Board of Health may review any Title 5 inspection and any approved
subsurface sewage disposal works permit to determine if a subsurface
sewage disposal system is protective of public health and safety and
the environment in considering any variance request.
F.
A notice of any variance granted hereunder shall be recorded with
the Middlesex South District Registry of Deeds and evidence thereof
provided to the Board of Health. Such notice shall state that the
variance shall expire upon the "transfer of title" as defined in 310
CMR 15.301.
