A. 
Percolation tests may be performed at any time of the year provided that weather conditions are conducive to testing. Percolation tests shall be performed by a Massachusetts registered professional engineer, a Massachusetts registered sanitarian, or a DEP approved soil evaluator in the presence of a representative from the Board of Health. The Director of Public Health or his/her designee will make determinations relative to suitable weather conditions for conducting tests.
B. 
Deep hole tests may be conducted at any time during the year provided a DEP approved soil evaluator makes and records on site the soil evaluation as required in Title 5. This test may be conducted provided that weather conditions are conducive to testing. The Director of Public Health or his/her designee will make determinations relative to suitable weather conditions for conducting tests. All deep hole testing conducted for design of a sewage disposal system shall be performed in the presence of an authorized representative of the Board of Health.
C. 
The Board of Health or its agents shall have sole authority to make final determinations as deemed necessary regarding deep hole testing.
D. 
Soil testing shall be scheduled in writing with the BOH at least two weeks in advance of the time desired for such testing. Payment is due with request for scheduling, along with a completed application for soil and percolation testing. A trench permit is required to be completed for soil testing and filed with the soil test application.
E. 
The BOH may require installation of monitoring wells at the time of soil testing to determine actual water table elevations during different times of the year. Water table elevations will be monitored by the system designer and reported to the BOH on the system design plans.
F. 
The applicant shall submit soil testing logs and a plan showing the location of test pits within 90 days of test.
G. 
Soil analysis and percolation test results are valid for 10 years from the date of the test and subject to changes in Title 5. The Director of Public Health or his/her designee may reduce the timeframe less than 10 years at his/her discretion due to alterations in the landscaping, landform, and/or development that could have affected the groundwater table in the area.
A. 
All plans shall clearly show any ledge outcroppings or boulders in excess of five feet in diameter and within 25 feet of the proposed soil absorption system.
B. 
Sites that appear to have significant ledge or boulders may require additional soil testing to demonstrate that soils in the receiving layer are suitable for wastewater disposal.
Soil testing data forms shall be submitted to the BOH before approval of a definitive subdivision plan. The BOH shall assess the suitability of soils on the site to accept an on-site wastewater disposal system. The applicant filing the definitive subdivision plan shall demonstrate that each lot is capable of supporting an on-site wastewater disposal system, taking into consideration all existing site features and all proposed site improvements without the need for a variance.
A. 
No soil absorption system (bottom of system) shall be constructed less than one foot above the one-hundred-year flood elevation.
B. 
On-site wastewater disposal systems proposed for new construction in areas known as "bordering land subject to flooding" (BLSF) as defined by the Wetlands Protection Act under 310 CMR 10.57(2)(a) shall not be permitted.
C. 
The BOH may require the applicant to determine the boundary of BLSF by engineering calculations in accordance with 310 CMR 10.57(2)(a)3. In such a case, the applicant shall retain a registered professional engineer or professional wetland scientist competent in such matters to perform calculations to determine the accurate boundary of the BLSF and appropriate corresponding elevation.
A. 
Plans shall indicate all wetland resource areas, including isolated vegetated wetland (not jurisdictional under the Wetlands Protection Act), as defined by the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and its accompanying regulations (310 CMR 10.00) within 100 feet of a wastewater disposal system, including off-site areas.
B. 
Wetland resource area delineations shall be approved by the Middleton Conservation Commission, Administrator, and/or Agent and the date of approval shall be clearly stated on the plan.
C. 
No portion of the soil absorption system shall be constructed:
(1) 
Within 100 feet of wetland resource identified in 310 CMR 10.02(1)(a) to (d), including: any bank, freshwater wetland, coastal wetland, beach, dune, flat, marsh, swamp, river (perennial stream), and vernal pool. Natural resource areas shall not be altered (filled) in order to obtain the one-hundred-foot setback.
(2) 
Within 100 feet of isolated wetland resources as described in Subsection A above.
On-site wastewater disposal systems that will result in site grading to be elevated above existing grade shall be permitted only if the applicant demonstrates that stormwater runoff patterns will not adversely affect adjacent land. Design plans shall show existing and proposed topography on surrounding land to an extent that illustrates the nature of pre-development and post-development runoff patterns. The site plan shall, through calculations, or by proposed site grading, demonstrate that post-development peak discharge rates will not cause an increase in flooding impacts to adjacent land.
A. 
Designers shall comply with the requirements set forth within the Middleton Board of Health regulations for water supply systems Chapter 343, Water Supply Systems.
B. 
Designers shall place on-site potable water supply wells in a location so that the entire one-hundred-foot protective well radius is within the lot lines.
C. 
If the placement of an on-site well causes the one-hundred-foot protective well radii to cross onto adjacent lots, then the applicant shall comply with the additional requirements set forth within the Middleton Board of Health regulations for water supply systems § 343-6(5).
D. 
The BOH is the approving authority and has jurisdiction over the design and construction of the on-site wastewater disposal system and concerns should be directed to the BOH.
For example, but not limited to, residential, commercial, institutional, educational, dwelling and buildings.
A. 
Upgrade required; exemptions.
(1) 
No dwelling, building, or structure shall be allowed a change of use with an increase in design flow above the approved design capacity unless the system is upgraded. Additions to existing dwellings, buildings, structures, etc. that will add additional habitable rooms (i.e., bedrooms, living rooms, dens, family rooms, office, recreational rooms, additional living area, etc.) shall be required to upgrade the existing sewage disposal system as determined by the Director of Public Health. An upgrade shall be in accordance with the most recent state and local regulations, rules, laws, bylaws, etc., or as may reasonably be upgraded given certain site specific conditions.
(2) 
Exemptions to this policy shall apply to cases where the total increase in proposed additions as described in the subsection above does not exceed 200 square feet. Other cases, such as a garage to be used for storage of motor vehicles without habitable living space, a porch, deck, screen house, etc., shall also be exempt from the requirement to upgrade a sewage disposal system as determined by the Director of Public Health.
B. 
The Middleton BOH will not accept requests for reductions in the design flows that are listed in 310 CMR 15.203 or for uses that are not listed but have been assigned a previous design flow.
C. 
Where a new use or change in use is proposed within a structure/facility/establishment that is served by an on-site wastewater disposal system, a registered professional engineer (PE) or registered sanitarian (RS) shall submit to the Health Department a spreadsheet that outlines the existing and proposed uses within the structure(s) with the associated design flows. The PE/RS shall declare if the existing on-site wastewater disposal system has capacity to receive the design flow from proposed new use or change in use.
D. 
Any building expansion shall require a Title 5 inspection if one has not been done in the previous five years.