The revised State Environmental Code, Title 5, 310 CMR 15.00,
went into effect March 31, 1995, and was further revised on November
3, 1995, and on January 3, 2014, replacing the previous version that
was effective on January 1, 1978. This new State Code, as revised
and amended, sets forth minimum rules and regulations to be followed
in matters of on-site wastewater systems. In like fashion, this codification
of rules and regulations of the Plainville Board of Health is intended
to replace the Board's existing regulations for on-site wastewater
disposal, which were originally adopted with respect to the use with
the state regulations in effect up to March 31, 1995.
Definitions and acronyms for these regulations shall be as defined
in Title 5 unless listed below as an alternative or new definition.
As used in this chapter, the following terms shall have the meanings
indicated:
ABUTTER
Direct abutters, including landowners across the street.
ACTIVE ALTERNATIVE SYSTEM
An active system is one that uses energy inputs to distribute
wastewater and/or enhance treatment processes. Active systems usually
have an electric energy source. A recirculating sand filter discharging
to soil is an example of an active system. Systems permitted under
310 CMR 15.231 of Title 5 are not considered active alternative systems.
AGENT
An agent of the Board of Health is any person authorized
by the Board to act under these regulations. The agent may not vary
these regulations without specific approval of the Board of Health.
BOH
Plainville Board of Health.
DEP
Massachusetts Department of Environmental Protection.
DSCP
Disposal system construction permit.
FORM A
Form required by the Board of Health for issuance of a building
permit for additions or change of use.
GIR
Groundwater impact report.
HABITABLE
Means every room or enclosed floor space used or intended
to be used for living, sleeping, cooking, or eating purposes, excluding
rooms containing toilets, bathtubs or showers and excluding laundries,
pantries, foyers, communicating corridors, closets, and storage spaces.
JOB CARD FORM
Form required by the BOH to track all inspections of design
engineer and health agent during installation of all septic systems
with a sketch by the installer with location of ties
LTAR
Long-term acceptance rate for leaching area sewage loading.
OSDS
On-site wastewater disposal system.
PASSIVE ALTERNATIVE SYSTEM
A passive system uses the position of the wastewater as generated
at the source to transport wastewater through various processes and
wastewater or environmental energy for treatment processes. Energy
needed for treatment processes is from wastewater or the wastewater
constituents utilized by organisms or from the environment. A typical
gravity pumped septic tank wastewater infiltration system is passive.
The basic specification for such system designs shall be Title
5 of the State Environmental Code, except as provided otherwise in
these rules and regulations, which include additional and/or more
strict requirements. The plans and specifications shall contain the
following information as well as that required by Title 5.
A. Plans.
(1) Plan of system area drawn to a scale of one inch equals 20 feet,
showing and the source of water supply; the location of house, garage
and/or other structures; layout and profile of sewage disposal system;
location of water line, and other underground utilities (where applicable),
driveway, foundation drain (where needed), manholes and cleanout plugs;
and location of any streams, seasonal brooks and swales, brooks, great
ponds, rivers, swamps, drains, and any other wetland resource areas
within 150 feet of the sewage disposal system. The plan must contain
a notation stating whether or not the property lies within a Zone
A, Zone I, and/or a Zone II district. The boundary of said districts
shall be shown if applicable.
(2) All on-site wells or other known water supplies within 200 feet for
dwellings or other facilities having design flows of 1,000 gallons
per day or less of the proposed leaching area or expansion area shall
be located and shown on the plan. The distance shall be 500 feet for
dwellings or other facilities having design flows greater than 1,000
gallons per day.
(3) The plan shall show all public wells within 500 feet; private wells
within 200 feet; bordering vegetated wetlands within 150 feet; inland
banks within 150 feet; surface waters within 150 feet; surface drains
within 100 feet; open, surface, subsurface or foundation drains within
100 feet; vernal pools within 150 feet; storm drainage leaching catch
basins or dry wells within 50 feet; and any boundary of a regulatory
floodway or one-hundred-year flood within 150 feet.
(4) Elevations shall refer to mean sea level (NGVD Datum of 1988) if
available and within a reasonable distance from the site as determined
by the BOH agent.
(5) Elevations shall be obtained by direct measurement in the field in
the areas of the OSDS and the various proposed structures on the property.
Elevations obtained by aerial mapping shall not be allowed in those
areas.
(6) The plan shall show spot elevations, including elevation of road,
basement floor, top of foundation, garage floor and elevation schedule
for the sewage disposal system, including invert elevations at house
foundation, inlet and outlet of septic tank, inlet and outlet of distribution
box, inlet and outlet of pump chamber, lag off, lag on, and alarm
on pump chamber, beginning of trench, end of trench and the bottom
of the leaching area, and the finished grade of the system construction
area. The high groundwater elevation beneath all components of the
septic system and the facility to be served shall be shown as well
as buoyancy calculations for structures, if needed. A bench mark shall
be provided within 50 feet of the leaching area and shall be shown
on the plan.
(7) Where "stepped" systems are proposed, the plan shall include a cross
section showing the existing grade, the proposed grade, the trenches
or other system configuration, the high groundwater, and ledge or
limiting soil layer.
(8) For new construction, in addition to the layout of the sewage disposal
system, a suitable area shall be designated as being reserved for
such expansion of the disposal system as may become necessary. The
area so designated shall provide for 100% relocation of the leaching
area, and be in an area suitable for sewage disposal in accordance
with these regulations. Complete design of such expansion leaching
structures may be requested.
(9) Sufficient additional elevations shall be shown, including final
grades at each of the four corners of the building, to indicate clearly
how the surface drainage is to be handled. In some cases it shall
be necessary to consider effect on nearby properties. No "low spots"
that allow "ponding" of rainfall runoff shall be permitted near the
leaching system.
(10)
Materials to be used for the building sewer and all distribution
pipelines shall be specified by the designer and noted on the plan.
All piping shall be a minimum of Schedule 40 PVC or better.
(11)
All sewage disposal system designs for dwellings must be sized
for a garbage grinder, except that upgrades of existing failing systems
shall not be required to include the provision for the garbage grinder,
provided that a suitable document is recorded in the Norfolk County
Registry of Deeds which signifies that no garbage grinder shall be
installed or used in the dwelling on the subject property. The garbage
disposal document must be filed with the Norfolk County Registry of
Deeds and the document must be submitted with the disposal works construction
permit and sanitary plans. Failure to submit the deed restriction
will be cause for rejection of permit and plans.
(12)
All plans submitted must be legible, and must also show the
name and address of the applicant for whom plans have been prepared,
the name and address of the owner of the property, date, scale, location
of lot, street number, lot number, Assessors' map and lot number,
and shall be signed by and stamped with the seal of the registered
professional engineer or registered sanitarian responsible for the
design.
B. Percolation and water table data.
(1) Percolation tests may be conducted at any time of the year, unless
that time period is suspended by either a vote of the BOH or under
the discretion of the health agent, because of excessively dry or
freezing weather conditions. Soil testing and percolation testing
shall be in accordance with Title 5 310 CMR 15.000.
(2) All soil testing to determine maximum groundwater elevation for septic
system design and permits for a given year for new construction must
be conducted after December 20 and completed before May 29, unless
that time period is extended or shortened by a vote of the BOH. For
new construction, soil evaluators shall place monitor wells in all
deep test pits. Groundwater levels shall be measured by the soil evaluator
in such monitor wells between the 22nd and the 29th of a month following
the test hole analysis. All water levels measured may be subject to
a seasonal groundwater adjustment. This shall be as determined by
the BOH using the method as described in "U.S. Geological Survey,
Water Resources Investigations, Open File Report 80-1205, Probable
High Groundwater Levels in Massachusetts," or by the method of soil
morphology as determined by the soil evaluator with the agreement
of the BOH agent. Other adjustment values may be allowed by the Board
on a case-by-case basis if supported by clear and convincing technical
evidence to support such proposal by the soil evaluator.
(3) The sewage application rates as designated in Title 5 shall not be
interpolated. Measured values shall be rounded up to the next percolation
rate.
(4) All tests shall be observed by an agent of the BOH. All tests shall
be performed in natural soil that has not been disturbed or altered
by previous filling, excavation, blasting or other means. All test
pits shall be adequately protected by the applicant to prevent accidents
to both humans and animals. The pits shall not be filled in until
they have been inspected by the BOH agent. After the tests are completed
and all data has been recorded, the test holes shall be filled. Test
holes shall not be left open overnight.
(5) In addition to the percolation tests, grain size analysis of the
soil shall be required when deemed necessary by the BOH agent to verify
the soil classification.
C. Design flow rates. Flow rates for sewage disposal systems shall be
based on Title 5 rates except as follows:
(1) Multifamily homes: 150% of Title 5.
(2) Restaurants: 200% of Title 5.
D. Septic tanks and distribution boxes.
(1) Septic tanks for new dwellings shall be designed to incorporate the
use of a garbage grinder, whether or not such an installation is anticipated
at the time of the application of the DSCP.
(2) All septic tanks shall be a minimum two-compartment tank.
(3) Minimum septic tank liquid capacity for any dwelling facility shall
be 1,500 gallons.
(4) All septic outlets shall be equipped with a DEP-approved effluent
filter tee. The effluent filter shall be cleaned as necessary or during
pumping of the septic tank.
(5) If any septic tank or distribution box is located under pavement,
all manholes shall be extended to finished grade with metal frame
and cover. The manhole shall be constructed to be supported in such
a manner as to not place loading on the distribution box or outlet
piping which will result in misalignment of the outlets.
E. Leaching facilities.
(1) Where vents are required by Title 5, they shall be equipped with
odor control in the form of an activated carbon filter with capability
for easy replacement of media. Vent pipe headers for trench systems
shall be, at a minimum, above the crown elevation of the end of the
distribution piping. Vents shall extend a minimum of three feet above
finished grade.
(2) Each leaching trench, or other leaching area type, shall be connected
to the distribution box so that each distribution box outlet discharges
to equal areas of leaching interface.
(3) Expansion area and trench spacing. For new construction, the clear
distance between leaching trenches shall be a minimum of 10 feet.
The area between the trenches shall be utilized for the expansion
area, with the exception of one of the expansion area trenches.
(4) Design criteria for non-sanitary sewage. The listed Title 5 310 CMR
15.004(5) effluent loading rates apply only to settled sanitary sewage
or septic tank effluent of typical or normal strength. Other wastewaters,
such as from restaurants or supermarkets or nursing homes as examples,
may have strengths of biochemical oxygen demand or total suspended
solids three times or greater than that of normal strength sanitary
sewage. The loading rates required for such stronger wastewaters shall
be determined on a case-by-case basis depending on the expected concentration
of five-day biochemical oxygen demand (BOD) and total suspended solids
(TSS). Expected concentrations can be established by sampling and
analysis of wastewaters from similar existing facilities, if no other
suitable data is available. The modified loading rate for stronger
wastewaters at the respective percolation test rates shall be decreased
proportionally for those parameters, and in no case shall be such
that the loading rate exceeds 0.92 by 10-3 pounds of BOD per day per square foot or 0.34 by 10-3 of TSS per day per square foot of horizontal leaching
surface (bottom area only).
F. Minimum setback distances and vertical clearance.
(1) The following setbacks shall apply to new construction of disposal
system components and the leaching area:
|
|
Tank
(feet)
|
Leaching Area
(feet)
|
---|
|
Watercourse, pond, stream, brook, river, swamp, marsh or wetland
|
50
|
100
|
|
Stormwater management systems*
|
50
|
100
|
|
Dry wells/catch basin
|
20
|
50
|
|
Sand filters/organic filters
|
50
|
100
|
|
Drainage channels which do not intercept seasonal high groundwater
table
|
10
|
20
|
|
*Stormwater management systems include items such as detention
or retention basins, stormwater wetlands, wet ponds, water quality
swales infiltration trenches or basins, dry wells, stormwater filters,
sediment trap or forebay, or other similar devices.
|
|
Such distance is considered minimum and may be increased for
multiple dwellings or higher volume sewage discharges. This distance
shall be determined by the BOH on an individual basis, depending upon
the particular circumstances.
|
(2) The minimum setback of a leaching area from a foundation or basement
drain which penetrates into the water table shall be 25 feet. If a
foundation drain is planned or existing it must be shown on the plan
along with its discharge point. Foundation drainage systems shall
not terminate below the surface of the ground.
(3) The vertical distance from any leaching surface of a subsurface disposal
system to bedrock, ledge, fractured ledge or impervious soil shall
be a minimum of six feet for soils having a percolation rate of two
minutes per inch or less and five feet for soils having a percolation
rate of greater than two minutes per inch.
(4) All system piping shall be a minimum of six inches above high groundwater
elevation.
(5) The setback from private water supply wells shall be in accordance
with the following:
|
The minimum setback from the well shall be determined by the
soil percolation rate and the vertical clearance of the leaching area
above the high groundwater (HGW) as follows:
|
|
|
Distance From Well
(feet)
|
Height Above HGW
(feet)
|
---|
|
Percolation rate 2 minutes per inch or less
|
175+
|
5
|
|
|
151 to 174
|
6
|
|
|
126 to 150
|
7
|
|
|
100 to 125
|
8
|
|
Percolation rate >2 to 8 minutes per inch
|
175+
|
4
|
|
|
151 to 174
|
5
|
|
|
126 to 150
|
6
|
|
|
100 to 125
|
7
|
|
Percolation rate >8 to <15 minutes per inch
|
150+
|
4
|
|
|
126 to 149
|
5
|
|
|
100 to 125
|
6
|
|
Percolation rate 15+ minutes per inch
|
125+
|
4
|
|
|
100 to 124
|
5
|
(6) Vertical clearance to wetlands and floodplains. No soil absorption
area and no basement floor shall be constructed less than two feet
above the one-hundred-year flood level in any area subject to periodic
flooding. No basement floor shall be constructed less than two feet
above the high groundwater elevation.
(7) Filling of floodplain. For new construction if filling of floodplain
is to be performed for construction of the facilities shown on the
DSCP, compensatory flood storage area and volume, satisfactory to
the BOH, shall be provided.
G. System construction inspections.
(1) Prior to the installation of the soil absorption system until receipt
of a certificate of compliance from the local approving authority
in accordance with 310 CMR 15.021, the perimeter of the soil absorption
system shall be staked and flagged by the design engineer to identify
the location of the soil absorption system and prevent the use of
such area for all activities which might damage the soil absorption
system. Such flagging is not intended to preclude the final grading
and landscaping of the area of the soil absorption system.
(2) During construction, the installer must have a copy of the BOH approved
permit, design plans and job card. The installer is responsible for ensuring all required
pre-construction conferences and construction inspections are performed
and obtaining the appropriate signatures on the job card. Upon completion
of the work, the job card will be signed by the licensed installer
and a sketch provided on the back of the card showing the layout.
(3) Inspection requests shall be made to the BOH office by the installer,
a minimum of two business days before the scheduled time for inspection.
Every OSDS must be inspected by the BOH agent before it is covered.
Ordinarily there shall be an inspection of the stone underneath the
septic tank, upon excavation of an area if required to be filled,
when the construction has been completed except for backfilling, and
when the finished grading of the lot is completed, and at any other
time deemed appropriate by the BOH agent.
(4) The entire system shall remain exposed for the inspection. All manhole
covers shall be removed. No tar or asphalt or other sealant should
be placed on the top of the septic tank or distribution box. The distribution
box shall be filled with water up to the level of the outlet pipe
inverts. In addition, a five-gallon container of water or other water
supply shall be readily available at the site of the distribution
box for testing purposes. All pumps, floats, and alarms must be tested.
(5) At the time of final grade inspection, the septic tank and manhole
covers shall be exposed to verify depth.
H. As-built, and certificate of compliance requirements.
(1) Prior to the issuance of a certificate of compliance by the BOH,
the design engineer must submit an as-built plan showing the following;
(a)
The locations of the facility and the on-site wastewater disposal
system components.
(b)
Construction specifications of components (i.e., H-10, H-20).
(d)
Location ties to a minimum of two permanent markers for all
septic system components (i.e., manholes of septic tank, manholes
of pump, manholes of grease trap, manhole of distribution box, inspection
ports, and the inlets and outlets of all trenches etc.).
(e)
The design engineer must certify that the system has been installed
in accordance with the approved design plan, Title 5 requirements,
and Plainville BOH regulations. A separate certification is required
for impervious barriers and retaining walls.
(2) The design engineer is also responsible for the required inspections
listed on the job card and must sign and date when those inspections
occurred.
(3) The design engineer must sign an approved certificate of compliance
form.
(4) Prior to the issuance of a certificate of compliance by the BOH,
the installer shall submit the following:
(a)
Submit to the BOH the completed job card, with all required
signatures.
(b)
The licensed installer must sign an approved certificate of
compliance form.
(c)
For new construction, the BOH will not sign off on a certificate
of compliance for the OSDS until the water supply is approved. The
licensed well driller must sign the certificate of compliance, if
applicable.
(d)
Prior to the use of the pump system the electrical inspector
shall sign a certificate of compliance.
Lowering the water table through the use of interceptor or curtain
drains to permit marginal or unacceptable conditions to be improved
to meet minimum requirements for the installation of subsurface sewage
disposal systems is prohibited by the BOH.
See also Chapter
759, Variances, of Division 5 of the Code of the Town of Plainville.
A. The BOH may vary the application of any of these BOH rules and regulations
with respect to any particular case when, in its opinion, the enforcement
thereof would be manifestly unjust, considering all the relevant facts
and circumstances of the individual case; and the person requesting
the variance has established that an equivalent level of public health
and environmental protection will otherwise be provided without strict
application of the provisions for which the variance is sought.
(1) For new construction, enforcement of the provision from which a variance
is sought must be shown to deprive the applicant of substantially
all beneficial use of the subject property in order to be manifestly
unjust.
(2) Every variance or local upgrade request shall be in writing and shall
make reference to the specific regulation for which a variance is
sought, and a statement which provides evidence of the conditions
stated above.
(3) No application for a variance or local upgrade shall be considered
complete until the applicant has notified all abutters by certified
mail, return receipt requested, at his/her own expense, at least 10
days before the BOH meeting at which the variance or local upgrade
request will be on the agenda. The notification shall reference the
specific regulation from which the variance or local upgrade is sought,
a statement of the required standards, and the date, time and place
where the application will be discussed.
B. Any variance or local upgrade allowed by the BOH shall be in writing.
Any denial of the variance shall also be in writing and shall contain
a brief statement of the reasons for denial. When, in its opinion,
it is in the public health interest, the Board may require that the
variance granted be placed on record by a document filed at the Registry
of Deeds.
C. Any variance, local upgrade, or other modification authorized to
be made by these regulations may be subject to such qualification,
revocation, suspension or expiration as the BOH expresses in it grant.
A variance, local upgrade, 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.
For industrial or commercial projects or for any other project
except for construction of single- and two-family dwellings, as well
as any industrial or commercial operations conducted on residential
dwelling property of any size, and also to any hobbyist operation
which utilizes materials on the Massachusetts Substance List, septic
tanks serving any such facilities shall have the contents of the septic
tank serving the facility sampled and tested on an annual basis for
volatile organic compounds (EPA 624 or equivalent) and pH, as well
as any other parameters required by the BOH on a case-by-case basis,
including but not limited to hydrocarbons, heavy metals, pesticides,
semi-volatile organics, and nonvolatile organics. The sampling shall
be performed and the results submitted to the BOH without having to
be requested. The sample shall be taken in the time period of March,
April, or May of each year and the results submitted to the BOH prior
to July 1. No floor drains from such facilities, except those serving
only sanitary facilities, shall be discharged to an OSDS.
The provisions of Title 1 of the State Environmental Code shall
govern the enforcement of these regulations.