These regulations are intended to promote the public health
and general welfare by ensuring that private wells are constructed
in a manner which will protect the quality of the groundwater derived
from private wells. These regulations are adopted by the authority
of MGL c. 111, § 31.
As used in these regulations, the following terms shall be defined
and interpreted as follows:
The Nashoba Associated Boards of Health (hereinafter referred
to as "Nashoba") serving as the agent for the Board of Health as provided
by MGL c. 111, § 27A.
A private well that is used strictly for nonpotable use.
An agricultural well cannot be used as a potable drinking water supply.
A water-bearing geologic formation that contains water in
sufficient quantities to potentially supply a well for drinking water
or other purposes.
An individual, corporation, company, association, trust,
or partnership.
Water that is satisfactory for drinking and for culinary
and domestic purposes. This water meets primary EPA regulations.
A water supply well supplying potable water which will not
serve either a number of service connections or a number of individuals
sufficient to qualify as a public water system as defined in 310 CMR
22.02. In this regulation, the term "well" refers to a private well
unless otherwise stated.
Any equipment or materials used or intended for use in withdrawing
or obtaining groundwater, including, without limitation, seals and
tanks together with fittings and controls.
The Town Board of Health.
An excavation or opening into the ground made by digging,
boring, drilling, driving, or other methods, for the purpose of providing
water.
Any person who is licensed by the Water Resources Commission
(as defined by 310 CMR 3.00) to construct wells.
An approved arrangement or device used to cap a well or to
establish and maintain a junction between the casing or curbing of
a well and the piping or equipment installed therein, the purpose
or function of which is to prevent pollutants from entering the well
at the upper terminal.
A.
No private well constructed after the effective date of these regulations
shall be deemed a source of potable water unless it is constructed
in accordance with these regulations. No well shall be destroyed except
in accordance with these regulations.
B.
For each private well constructed after the effective dates of these
regulations, there shall be:
D.
The Board of Health or its agent shall investigate violations of
these regulations or of any permit issued and may take such actions
as it may deem necessary for the protection of the public health and
to restrain violations of these regulations.
E.
Whosoever violates these regulations shall be punished by a fine
of not more than $500 to, and for the use of, the Town in which the
well is located.
A.
No person shall engage in the business of constructing private wells
within the Town under these regulations unless registered as a well
driller/digger with the Water Resources Commission, pursuant to 313
CMR 3.00.
B.
An application for a well construction permit shall be submitted
by the property owner, the well driller/digger or his agent to the
Lunenburg Board of Health through its agent, Nashoba, on a form furnished
by Nashoba.
C.
A well construction permit shall be obtained from the Lunenburg Board
of Health through its agent, Nashoba, prior to the construction of
any private well. Nashoba shall charge a fee for each well construction
permit and said fee shall be paid to the Nashoba Associated Boards
of Health prior to the permit's issuance.
The following information shall be submitted by the property
owner or the well driller/digger or their agent with the well construction
application, prior to the issuance of a permit:
A.
General location of the proposed well, to include the location of
at least one road intersection for reference.
B.
A sketch of the expected construction of the well, to include an
approximation of the expected well depth.
C.
A description of any possible source(s) of contamination within 400 feet of the proposed well location (see § 300-8.6A).
D.
The well driller's/digger's name and certification number as it appears
on the Water Resources Commission certificate.
E.
Description of the prior/current land use in the vicinity of the
proposed well location (e.g., agricultural, industrial, etc.).
A.
In establishing the location of a well, the well owner and/or the
driller/digger shall identify any and all sources of potential contamination
(agricultural fields, animal feed lots, beauty salon, dry cleaner,
funeral home, furniture stripper/refinisher, gasoline/service station,
fuel depot, automotive junkyard, railroad line or yard, etc.) which
exist within 400 feet of the proposed well site. The following minimum
lateral distances from contamination shall apply with the granting
of a variance under special conditions:
|
Source of Contamination
|
Minimum Distance
(feet)
| |
|---|---|---|
|
Leaching facility (310 CMR 15.00)
|
100
| |
|
Cesspool
|
100
| |
|
Septic tank
|
50
| |
|
Sewer line
|
50
| |
|
Property line
|
50
| |
|
Public or private way, common drive, easement
|
50
| |
|
Active or closed landfill
|
400
| |
|
Hazardous waste spill site
|
400
|
B.
Where, in the opinion of the Town Board of Health or its agent, adverse
conditions exist, the above minimum distances may be increased or
special means of protection may be required as ordered by the Board
of Health. These special requirements shall be added to the well construction
permit.
C.
The well shall be upgradient of sources of contamination whenever
possible. The top of the well shall be higher than any surface of
contamination and above any conditions of flooding by drainage or
runoff from the surrounding land, unless otherwise adequately protected.
A.
Wells shall be constructed in compliance with the recommendations
of the latest edition of the Manual of Individual Water Supply, U.S.
Environmental Protection Agency (USEPA), Water Supply Division. (Exception:
Springs shall not be used for the purpose of a potable water supply.)
B.
The annular space between the protective well casing and the wall
of the drilled hole or the surface casing shall be effectively sealed.
The seal is to protect against contamination by surface and/or shallow
subsurface waters.
C.
The well casing shall be capped or covered with a sanitary well seal.
Casings shall extend a minimum of 24 inches above the highest known
flood levels or 18 inches above the ground surface in areas which
are not subject to flooding. In addition all non-vent openings shall
be sealed to exclude the intrusion of contaminants. Vent openings
shall be of an approved type, complete with screening.
D.
When well screens are used, the screen length and opening size should
be selected to ensure that the water supply will be free from silts
and sands and other suspended solids.
E.
Well pumps and water storage equipment shall be selected to ensure
that the water supply is to be adequate [a minimum of five gallons
per minute (GPM) is recommended] over a sustained period of pumping.
Note: The proper selection of the pump is important to protect against
unnecessary wear on the equipment and to maintain a safe and adequate
supply of water.
F.
Pump suction lines (if used) shall not be closer than 100 feet to
underground sewage leaching facilities or 50 feet to a septic tank
(310 CMR 15.211).
G.
Well pits to house the pumping equipment or to permit accessibility
to the top of a well shall not be permitted.
All private wells shall be disinfected following construction,
rehabilitation and well or pump repair, before the well is placed
into service. The well shall be pumped to waste (not to the septic
system) until the water is as clear as possible. Thereafter, the well
and the pumping equipment (and plumbing, if installed) shall be disinfected
with a solution containing at least 50 parts per million (ppm) of
chlorine. The well shall remain in contact with the chlorine solution
for a minimum of 24 hours before the well is pumped to waste (not
to the septic system) and the water found to be free of chlorine.
(Information and instructions for the disinfection procedure is available
from Nashoba.)
A.
Water samples shall be collected by Nashoba. All water samples shall be collected in an appropriate manner so as to maintain the integrity of the sample collected. Collection of the sample(s) shall occur following the well development and the disinfection process for that well (see § 300-8.8). The water sample may be taken to a laboratory of Nashoba's choice unless the owner selects a specific laboratory, at which time the sample container may be sealed with a custody tag and be delivered to the owner's selected testing laboratory by himself/herself. The laboratory shall be required to notify Nashoba should the sample be received with a broken custody seal.
B.
A representative water sample for laboratory analysis shall be collected
at the pump discharge or from a tap in the pump discharge line. A
representative sample shall constitute a sample collected after the
removal of at least three standing volumes of water from the well
or a minimum of 10 minutes to 15 minutes of pumping from the well.
C.
The sample(s) shall be analyzed for the following parameters at a
minimum: coliform bacteria, arsenic, lead, sodium, iron, manganese,
copper, magnesium, color, sulfate, turbidity, alkalinity, chlorine,
chloride, hardness, ammonia, nitrite, nitrate, pH, conductivity, odor
and potassium. All analyses shall be performed in accordance with
USEPA methods or other approved methods for drinking water analysis.
D.
Analytical tests such as volatile organics (VOCs), pesticides. PCBs and inorganics (metals), other than those specified in Subsection C, can be added or deleted, as public knowledge increases or at the request of the Town Board of Health or its agent, when conditions may indicate the need (e.g., prior land use) for such testing. Samples which are to be analyzed for volatile organic compounds shall not contain air bubbles of any size.
E.
If a well must be tested for a Title 5 septic inspection, due to
the proximity of a sewage disposal system, as outlined in 310 CMR
15.303(c)4, the sample must be collected by the Nashoba Board of Health,
acting as agent for the Lunenburg Board of Health.
A.
All analytical results shall be reviewed by Nashoba, acting for the
Board of Health, and an assessment of the suitability of that well
for drinking water will be made. Nashoba will adhere to the current
and applicable drinking water standards as detailed by the USEPA and
the State of Massachusetts Department of Environmental Protection
(DEP). Approval of the results, by Nashoba, must be obtained in writing
before the well shall be placed into service as a drinking water supply.
B.
The water sample(s) shall be analyzed by a laboratory certified to
perform drinking water analysis by the DEP for each parameter analyzed.
A copy of the results shall be sent to both the Town Board of Health
and Nashoba. All fees for the water testing are the responsibility
of the applicant.
C.
As stated in § 300-8.9, the Town Board of Health or its agent may require that additional chemical analysis be performed on the well water. Any such additional requirement shall specify which chemical constituents or chemical fractions (pesticide/PCB, extractables, etc.) shall be tested for.
D.
No result shall exceed the current and applicable drinking water standards for a public water supply as detailed by the USEPA and/or DEP (40 CFR 141 and 310 CMR 22). Requirements for wells contaminated with arsenic and lead are detailed in Subsection E of this section. Coliform results shall be zero colonies per 100 ml of sample or upon a positive result will be followed by two successive zero coliform results. The Board of Health and/or its agent may also use professional judgment when assessing the results of the well water prior to approval of that well. When results indicate a potential health hazard (e.g., possible gasoline contamination), the Board of Health and/or its agent may at its discretion disapprove the well for use as a water supply.
E.
Wells contaminated with arsenic or lead.
(1)
New or existing wells in which arsenic or lead levels are found
to exceed maximum acceptable limits must be equipped with treatment
devices which reduce concentration to acceptable levels in order to
be certified as a primary water source except under the following
conditions:
(a)
When test results from two additional, consecutive tests are
within acceptable limits.
[1]
The second retest will not be taken until the results
of the first are known and are acceptable.
[2]
If either the first or second retest fails, the
well will be deemed unacceptable and must be treated to bring into
compliance, or be abandoned and destroyed in accordance with Town
of Lunenburg Well Regulations.
(2)
If treatment is found to be necessary, devices must be installed
in such a fashion as to ensure that each point within the building
normally used to supply drinking water will be treated. This may be
accomplished by means of a single unit to treat all water entering
the building, or by means of individual units at each tap or drinking
device.
(3)
The deed for the property, served by a well in which unacceptable
levels of arsenic or lead are detected, shall contain wording that
will serve to inform future owners of the untreated arsenic or lead
level, the need for treatment equipment and maintenance of that treatment
equipment. The manner in which the notification shall appear on the
deed will be determined by whichever of the following conditions exist:
(4)
Proof of compliance must be provided to the Board of Health
prior to certification of the well.
(5)
The following wording is the only wording acceptable to the
Lunenburg Board of Health. Any alteration will result in noncertification
of the well and other actions allowable by law:
|
"Tests done in ____________ indicated that the water from the
existing well exceeded the maximum levels for _______ established
by the Primary Drinking Water Regulations of the Commonwealth of Massachusetts.
_______ level was _______ on _______. Subsequent test indicated a
level of _______ on _______.
| |
|---|---|
|
Treatment devices have been installed and subsequent tests have
shown that the _______ level has been reduced to acceptable standards.
In order to ensure that these quality standards will be continued
to be met, these devices must be maintained by the owner of the premises.
Periodic water quality testing is highly recommended."
|
A.
Within 30 days after the completion of the construction of any well,
the well driller/digger shall submit to Nashoba a report containing
the following information:
(1)
The name of the owner of the well.
(2)
The address of the property served and/or the lot number as
assigned by the Assessor's office.
(3)
The depth, size and method of construction of the well.
(4)
The static water level.
(5)
The yield of the well after pumping.
(6)
The well driller's/digger's log information.
B.
The well driller's/digger's report shall be signed by an authorized
representative and shall constitute a statement of compliance with
all requirements of these regulations. This will satisfy the requirement
of the certificate of compliance.
A.
Continued use of a well that no longer qualifies as a potable water
source as defined in these regulations for agricultural purposes only
must be approved by the Lunenburg Board of Health.
B.
Well must be disconnected form the potable water system of the house.
C.
A description of the well location and the following wording must
be added to the deed for the property:
|
"The well located at (address) on the (location description)
is for agricultural purposes only. Water from this well should not
be consumed."
|
A.
General.
(1)
An application for a well destruction permit shall be submitted
by the property owner, the well driller/digger or his agent to the
Lunenburg Board of Health through its agent, Nashoba, on a form furnished
by Nashoba.
(2)
A well destruction permit shall be obtained from Nashoba prior
to the destruction of any private well.
(3)
Nashoba shall charge a fee for each well destruction permit
and said fee shall be paid to the Nashoba Associated Boards of Health
prior to the permit's issuance.
(4)
A well that is abandoned shall be destroyed to protect the groundwater
supply and to eliminate potential physical hazards. Wells shall be
sealed with nonhazardous, impervious materials which shall be permanently
in place. All exposed casing materials, pumping equipment and distribution
lines shall be removed. The excavation shall be returned to the existing
grade of the surrounding land. A record of abandonment shall be kept
in accordance with these regulations
B.
Artesian well destruction. No person shall engage in the business
of destroying an artesian well within the Town under these regulations
unless registered as a well driller/digger with the Water Resources
Commission, pursuant to 313 CMR 3.00.
C.
Shallow well or point well destruction. No person shall engage in
the business of destroying a shallow or point well unless a permit
has been obtained from the Lunenburg Board of Health through Nashoba
Boards of Health. The method for destruction will be outlined on the
permit.
D.
Well destruction requirements.
(1)
The following information shall be submitted with each well
destruction application, prior to the issuance of a permit:
(2)
Within 30 days after the destruction of any well, the well driller/digger
or contractor shall submit to Nashoba a report containing the following:
(3)
The well driller's/digger's report shall be signed by an authorized
representative and shall constitute a statement of compliance with
all requirements of these regulations. This will satisfy the requirement
of the certificate of compliance.
A.
Variances may be granted only as follows: The Town Board of Health
may vary the application of these regulations with respect to any
particular case when, in its opinion, the enforcement thereof would
do manifest injustice, and the applicant has proven that the same
degree of public health and environmental protection required under
these regulations can be achieved without strict application of a
particular provision(s).
B.
Variance requests shall be in writing to the Town Board of Health
and include all the information/reasons and proposed measures necessary
to assure the protection of the public health and environment. The
Town Board of Health shall grant, condition, or deny a variance in
writing, and state the reasons for any denial.
Substantive procedures shall be performed as specified in 105
CMR 400.
If any title, regulation, paragraph, sentence, clause, phrase,
or word of this regulation shall be declared invalid for any reason
whatsoever, that decision shall not affect any other portion of this
regulation, which shall remain in full force and effect; and to this
end the provisions of this regulation are hereby declared severable.
