It is the purpose of these regulations to protect the public health, safety, and welfare, and provide for dwellings with no access to public water supplies the supply of safe drinking water from private wells, and to ensure that all wells, whether for human consumption, irrigation, agriculture, or geothermal purposes, are constructed in a manner which will protect the quality of the groundwater, and to provide for the protection of the Town of Whately's groundwater resources.
These regulations are adopted by the Town of Whately's Board of Health (the "Board"), as authorized by MGL c. 111, § 31. These regulations supersede all previous regulations adopted by the Board regarding the construction or decommissioning of private wells.
As used in this chapter, the following terms shall have the meanings indicated:
Any person designated and authorized by the Board to enforce these regulations. The agent shall have all the authority of the Board and shall be directly responsible to the Board and under its direction and control.
Any hole or shaft constructed into the ground, either dug, driven, or drilled, and with a depth greater than its largest surface diameter, which is developed primarily to supply water intended for farm or agricultural use, and not for human consumption.
Any person who applies to the Board for a permit under these regulations.
The Board of Health of the Town of Whately, Massachusetts, or its authorized agent.
Any laboratory certified by the Massachusetts Department of Environmental Protection to perform drinking water analysis.
An individual currently certified by the Massachusetts DEP Well Driller Certification Program to engage in the business and supervise the drilling, altering, or decommissioning of wells in Massachusetts.
The Massachusetts Department of Environmental Protection.
Any building or shelter used or intended for human habitation.
Commonly called "geothermal well." Any excavation by any method for the purpose of transferring heat to or from the earth for heating and cooling purposes.
Well used for the sole purpose of watering or irrigation. The well shall not be connected at any time to a dwelling or a building unless it meets the requirements of a private drinking water well and has the Board's written approval.
A written permit issued by the Board or its agent giving permission to construct a well or decommission a well.
An individual, corporation, company, association, trust, or partnership.
Water that passes all quality tests required in these regulations and/or by the state.
Any hole or shaft constructed into the ground, either dug, driven, or drilled, and with a depth greater than its largest surface diameter, which is developed primarily to supply water intended for human consumption, and not subject to regulation by 310 CMR 22.00 (Massachusetts Department of Environmental Protection Drinking Water Regulations).
Any street, road or other way where the public has access and which is at least 10 feet in width whether or not accepted by the Town of Whately.
Any corridor of land over or under which facilities such as railroads, power lines, pipelines, conduits, channels or communication lines are located.
A report specified by the Massachusetts DEP's Well Driller Certification Program to be completed by a certified well driller within 30 days of completion of the well drilling or decommissioning of a well.
A.
No person and no certified well driller shall construct, deepen, alter, modify or decommission any well without a permit from the Board. A property owner or his duly appointed representative shall make application to the Board for the digging, driving, or drilling, deepening, alteration, modification or decommissioning of any well on a form as provided by the Board for such purpose. A private drinking water well may only be constructed by drilling and may only be constructed by a certified well driller.
B.
Each permit application to construct a well shall include the following:
(1)
The property owner's name and address.
(2)
The well driller's name and current well driller registration number.
(3)
A plot plan showing the relative position and distances of all potential sources of contamination that exist or are proposed to exist within 200 feet of the proposed well site, whether or not this distance is on the applicant's property, including but not limited to the following:
(a)
Existing and proposed structures.
(b)
Surface waters and surface drainagecourses.
(c)
Subsurface sewage disposal systems.
(d)
Underground fuel storage tanks.
(e)
Public roadways.
(f)
Utility rights-of-way.
(g)
Any other potential sources of pollution.
(h)
Known locations of waste sites past and present.
(4)
In the case of ground source heat pump wells, a valid underground injection control (UIC) registration number issued by the Massachusetts DEP.
(5)
A permit fee established by the Board.
C.
Prior to construction of a deep well (any penetration over 30 feet), the well driller shall submit to the Board for approval the method of construction to be used to seal the upper aquifer from the deeper water supply.
D.
A permit shall expire in two years from the date of issuance unless otherwise revoked by the Board or its agent.
A.
No private drinking water well may be drilled except in the location approved by the Board or its agent, and no private drinking water well may be drilled where water is available through a public water supply.
B.
Unless the Board grants a variance of these requirements upon written request of an applicant, a private drinking water well shall be located up gradient of all potential sources of contamination and shall be as far removed from potential sources of contamination as possible, given the layout of the premises. The following minimum lateral distances shall apply to each source of possible contamination:
(1)
Driveway: 15 feet.
(2)
Property line: 50 feet.
(3)
Public roadway: 50 feet.
(4)
Surface or subsurface drains: 25 feet.
(5)
Underground fuel storage tank: 150 feet.
(6)
Septic leach field, in use or abandoned, including reserve area; privy, cesspool, or seepage pit: 150 feet.
(7)
Dwelling or other structure: 25 feet.
(8)
Septic tank: 50 feet.
(9)
Sewer line: 25 feet. Whenever water supply lines from a private drinking water well must cross sewer lines, both pipes shall be constructed of Class 150 pressure pipe and shall be pressure tested to assure watertightness.
(10)
Stables, barnyards, feedlots, manure piles, or manure storage tanks: 100 feet.
(11)
Railroad, oil, or sewer right-of-way, utility right-of-way, gas line, or overhead electric distribution line: 100 feet.
(12)
Streams, ponds, lakes or wetlands: the minimum lateral distance for streams, ponds, lakes, or other wetlands shall comply with the requirements of the Massachusetts DEP Wetlands Protection Act Regulations (310 CMR 10.00). Any well proposed in a wetland buffer zone requires approval of the Whately Conservation Commission prior to issuance of a well construction permit.
C.
Where deemed necessary or appropriate by the Board, the above distances may be increased, or reasonable means of protection may be required, or both. The Board may impose minimum lateral distance requirements from other potential sources of contamination not listed above. All such special requirements shall be listed on the well construction permit.
D.
Each private drinking water well shall be located so as to be accessible for repair, maintenance, testing, and inspection and shall not be obstructed after construction so as to become inaccessible for these purposes.
E.
No private drinking water well, or its associated distribution system, shall be connected to either the distribution system of a public water supply system, as defined by Massachusetts Drinking Water Regulations 310 CMR 22.00, or any type of waste distribution system.
F.
The wellhead of any private drinking water well located within 100 feet of a utility right-of-way as defined in these regulations shall be permanently marked with the words "Private Drinking Water Supply."
No person shall use for human consumption at any time water from a well that has been drilled but not tested for potability, and not until results of water quality testing and the well completion report have been received, reviewed and approved by the Board.
A.
Water quality testing requirements.
(1)
A water sample shall be collected either after purging three well volumes or following the stabilization of the pH, temperature and specific conductance in the pumped well. The water sample to be tested shall be collected at the pump discharge or from a disinfected tap in the pump discharge line. In no event shall a water treatment device be installed prior to sampling.
(2)
Conduct of test.
(a)
The water quality test shall be conducted by a laboratory certified by Massachusetts DEP for water analysis and shall be performed in accordance with United States Environmental Protection Agency methods for drinking water standards, including analysis for the following:
Total Arsenic (As) | Lead (Pb) | Total hardness |
|---|---|---|
Chloride (Cl) | Manganese (Mn) | Total dissolved solids |
Copper (Cu) | pH | Coliform bacteria |
Fluoride (F) | Sodium (Na) | E. coli bacteria |
Iron (Fe) | Nitrate nitrogen | VOCS |
Nitrite nitrogen |
(b)
In wells drilled into bedrock, the Board of Health requires that, in addition to the parameters listed above, a gross alpha screen and radon test be performed. If the gross alpha screen detects radiation of 15 pci/l or more, then the water must be analyzed for radium and uranium concentrations.
(3)
For irrigation wells, the Board requires annual testing for E. coli bacteria and nitrate/nitrite, as accidental consumption could result in acute exposure.
(4)
The applicant shall submit to the Board the well completion report and a copy of the certified laboratory's test results showing the location/address of the well water tested, the name of the well owner, the name of the individual who performed the sampling, and the location in the system of where the sample was obtained.
(5)
The Board reserves the right to require testing for additional parameters, such as aldicarb and EDB, or retesting of the above parameters, when, in the opinion of the Board, it is necessary due to local conditions or for the protection of the public health, safety, and welfare. All costs and laboratory arrangements for the water testing are the responsibility of the applicant and/or owner of the well.
(6)
This regulation requires that private drinking water wells meet all current Massachusetts primary and secondary drinking water standards and guidelines. In any case where a private drinking water well does not meet such standards or guidelines, as is necessary for the protection of public health, safety or welfare, the Board may take action, including, but not limited to, requiring the property owner to provide an alternative source of drinking water.
(7)
Water quality sampling for geothermal wells is not required under this regulation. Parameters required for these types of wells are specified in the Massachusetts DEP ground source heat pump permitting requirements.
B.
Water quantity requirements.
(1)
Before a private drinking water well may be connected to an occupied dwelling, the applicant must show that the capacity of the well is sufficient to provide the required minimum yield of water to service the dwelling.
(2)
The required minimum yield will vary depending on the depth of the well. The required minimum yield shall conform to the following table:
Depth of Water in Well (feet) | Gallons/Minute/3-Bedroom Home |
|---|---|
0 to 150 | 4 |
150 to 200 | 3 |
200 to 250 | 2 |
250 to 300 | 1 |
300 and deeper | 1/2 |
(3)
The Board reserves the right to require higher yields/depths when, in the opinion of the Board, additional yield will be needed for larger dwellings.
A.
Prior to the transfer of any property on which a drinking water well is located, the well shall be tested as per § 230-6 above.
B.
The following transactions shall not be considered transfers of title for the purposes of this regulation:
(1)
Taking a security interest in a property, including but not limited to issuance of a mortgage.
(2)
Refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same.
(3)
A change in the form of ownership among the same owners, such as placing the facility within a family trust of which the owners are the beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries.
(4)
Adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses during life, outright or in trust; or the death of a spouse.
(5)
The appointment of or a change in a guardian, conservator, or trustee.
C.
A copy of the water quality test required in this section shall be provided to the Board and the new property owner prior to the transfer of any property.
A.
Pursuant to 310 CMR 46.00 (Certification of Well Drillers and Filing of Well Completion Reports), no person shall construct a well unless certified by the Massachusetts DEP Well Driller Certification Program.
B.
Any work involving the connection of the private drinking water well to the distribution system of the residence must conform to the state and/or local plumbing codes. All electrical connections between the well and the pump controls and all piping between the well and the storage and/or pressure tank in the house must be made by a qualified pump installer or certified well driller, including the installation of the pump and appurtenance in the well or house.
C.
Any work involving the construction of a ground source heat pump well shall conform to the most recently updated Massachusetts DEP Guidelines for Groundsource Heat Pump Wells document, which constitutes part of these regulations and is incorporated herein by reference.
D.
A physical connection is not permitted between a water supply which satisfies the requirements of these regulations and another water supply that does not meet the requirements of these regulations.
E.
All wells shall be constructed and disinfected in compliance with applicable sections of the most recently updated Massachusetts DEP Drinking Water Program's Private Well Guidelines document ("General Well Design and Construction" and "Disinfection," etc.). Said sections shall constitute part of these regulations and are incorporated herein by reference.
F.
All test holes and borings shall be plugged before the certified well driller completes work at the site.
G.
Agricultural wells shall be installed with backflow preventer devices. A well permitted as an agricultural well shall be permanently marked "Not for Human Consumption." No well permitted as an agricultural well may be connected to the distribution system of a dwelling.
H.
Any well shall be equipped with a sanitary seal or watertight well cap designed to prevent surface water and foreign matter from entering the well.
A.
The owner of a private well shall arrange for the decommissioning of a well if ordered by the Board, when, in the Board's opinion, the well presents a potential hazard to public health or safety, does not and cannot be made to comply with these regulations or the well owner notifies the Board that the use of the well is to be permanently discontinued or abandoned.
B.
No person shall decommission or plug any well until application for the same is made to the Board of Health and a permit to decommission a well has been issued by the Board.
C.
No person shall decommission or plug any well unless he/she is certified by the Massachusetts Well Driller Registration Program and has been permitted in writing by the Board to decommission or plug the well.
D.
Following decommissioning of the well, the well driller shall, within 30 days, submit a written report to the Board stating the methods and materials employed in the decommissioning.
E.
A well shall be decommissioned in compliance with the most recently updated Department of Environmental Protection Drinking Water Program's Private Well Guidelines document.
Any person requesting permission to install an emergency private drinking water well shall specify why this is necessary for the protection of public health and safety. If the project is certified as an emergency project by the Board, or its agent, that certification shall include a description of the work which is to be allowed and shall not include work beyond that necessary to abate the emergency. A site inspection shall be made prior to certification. An emergency certification shall only be issued for the protection of public health and safety. The work performed under an emergency certification shall be performed within 30 days or said certification shall expire, unless extended, in writing, by the Board.
A.
The Board shall investigate violations of these regulations and may take such actions as the Board deems necessary for the protection of the public health and the enforcement of these regulations.
B.
If an investigation reveals a violation of these regulations, the Board shall order the private well owner to comply with the violated provision(s) or may revoke any outstanding permit or order the decommissioning of a well. These orders shall be in writing and be served in accordance with the provisions of Title 1 of the State Environmental Code (310 CMR 11.00).
[Amended 3-11-2024]
Whoever, himself or by his servant or agent, or as the servant or agent of any other person or any firm or corporation, violates these regulations, for which no penalty by way of fine or imprisonment, or both, is provided by law, shall be punished by a fine of not more than $300. Each day's failure to comply shall constitute a separate violation.
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in MGL c. 40, § 21D, by the Board or its agents. Any fines imposed under the provisions of this regulation shall be paid to the Town of Whately for such use as the Town may direct.
In conjunction with the remedies set forth above or separately, the Board may seek equitable enforcement of these regulations by filing a civil action in a court of competent jurisdiction.
A.
An individual to whom any order has been served may request a hearing before the Board by filing with the Board, within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board shall set a time and place for such hearing and shall inform the well owner thereof in writing and the petitioner, if not the owner.
B.
Every notice, order, or other record prepared by the Board in connection with the hearing shall be entered as a matter of public record in the office of the Town Clerk and in the office of the Board.
C.
If a written petition for a hearing is not filed with the Board within seven days after the day an order has been served or if, after a hearing, the order has been sustained in any part, each day the violation exists thereafter shall constitute an additional and separate offense subject to additional penalties and/or enforcement.
Any person aggrieved by the final decision of the Board may seek relief therefrom as provided by the laws of this commonwealth.
A.
The Board may vary the application of any provision of these regulations with respect to any particular case when, in the Board's opinion, both of the following conditions are fulfilled:
(1)
The literal enforcement thereof would do manifest injustice and create a demonstrated substantial hardship and that the relief desired would be substantially consistent with the intent and purpose of these regulations.
(2)
The applicant has proven that the same degree of environmental protection and protection of the public health, safety and welfare can be achieved without strict application of the particular provision. The alternative means of protection shall be detailed and documented by the application to the satisfaction of the Board.
B.
Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefor. A hearing shall be scheduled within 60 days of receipt of the request for variance. The applicant shall notify, in writing by certified mail, and at least seven days prior to the hearing, all immediate abutters to the property for which the variance is sought of the date, time, and place of the hearing. The procedure for hearings shall conform to the requirements of Title 1 of the State Environmental Code (310 CMR 11.00) for orders and hearings.
C.
Any variance granted by the Board shall be in writing and the Board shall detail the reasons therefor. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for denial. A copy of each variance shall be conspicuously posted for 30 days following its issuance and shall be available to the public at all reasonable hours. No work shall be done under any variance until the appeal period from its issuance has elapsed unless the Board certifies, in writing, that an emergency exists.
D.
Any variance may be subject to such qualification, revocation, suspension, condition, or expiration as is provided in these regulations or as the Board expresses in its grant of the variance.
E.
A variance 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, in conformity with the requirements of Title 1 of the State Environmental Code (310 CMR 11.00) for orders and hearings.
If any provision of these regulations or the application thereof is held to be invalid by a court of competent jurisdiction, the invalidity shall be limited to said provision(s) and the remainder of these regulations shall remain valid and effective. Any part of these regulations subsequently invalidated by a new state law or modification of an existing state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulation.
These regulations were adopted by vote of the Town of Whately Board of Health at its regularly scheduled meeting held on June 12, 2012, and are to be in full force and effect on and after July 1, 2012. These regulations or any portions thereof may be amended, supplemented or repealed from time to time by the Board, with notice as provided by law, on its own motion or by petition.
The issuance of a well permit shall not be construed as a guarantee by the Board or its agents that the water system will function satisfactorily nor that the water supply will be of sufficient quality or quantity for its intended use.