[Adopted 1-7-2014]
This regulation shall be effective upon publication pursuant to MGL c. 111, § 31, and remain so until either modified or amended by the Franklin Board of Health. This regulation is enacted under authority granted by, but not limited to, MGL c. 111, § 31, and MGL c. 21A, § 13.
A. 
To ensure proper installation and functioning of on-site septic systems, the Director of the Franklin Health Department and/or the Board of Health shall maintain the right to deny, limit and/or postpone the installation of a new on-site septic system or any individual septic component(s), or to affect any repairs to an existing septic system or system component in the Town of Franklin between January 1 and April 1.
B. 
For the purpose of this bylaw, installation of a septic system shall include any and all site work to include the excavation for and placement of the septic tank or pump chamber, excavation of the soil absorption system over dig and placement of sewer gravel, the excavation for and placement of the distribution box, and the placement of any pipe used to connect to the system components as described above.
C. 
The use of existing septic tanks in repair or upgrade situations.
[Added 1-5-2022]
(1) 
Existing septic tanks that do not meet the current Title 5 minimum capacity requirement of 1,500 gallons will not be approved for use in either a repair or upgrade situation. In addition, all septic tanks installed prior to March 31, 1995, will not be approved for use in either a repair or upgrade situation.
(2) 
Any septic tank that meets the above capacity and age requirement and is to be reused must be inspected and certified by the septic designer (professional engineer or registered sanitarian) that the tank is in good condition and is acceptable for use with the repaired or upgraded leaching system. A letter must be submitted by the septic designer with the proposed plan/design to demonstrate this certification.
Failed septic systems which are backing up into an occupied dwelling, or which result in the break out of effluent to the surface, and are creating a public health nuisance condition, shall be installed/repaired regardless of the time of year, provided the following safeguards are instituted: the use of frost blankets or other suitable means to prevent the accumulation of precipitation and/or the freezing of soil in all excavations and of backfill material, and to prevent the freezing in place of system components which preclude the movement or adjustment of said components.
A. 
It shall be a violation of this regulation for anyone to begin installation of any septic system or component in the Town of Franklin between January 1 and April 1, without first obtaining written permission from the Franklin Health Director and/or the Board of Health.
B. 
Failure to comply with the provisions of this regulation may result in fines pursuant to MGL c. 111, § 31, as follows: first offense: not less than $500. Subsequent violations of this regulation in the same calendar year will result in fines of not less than $1,000. Each day's failure to comply shall be considered a separate violation.