[HISTORY: Adopted by the Board of Health of the Town of Marshfield
effective 4-21-2006; amended 6-15-2009, effective 7-15-2009. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 223.
A.
In accordance with the provisions of Article 1, Regulation 2, of the State Sanitary Code and under the authority of MGL c. 111, § 131, and any other powers thereto enabling, the Board of Health of Marshfield hereby adopts the following regulations relative to the disposal of sanitary sewage in unsewered areas as supplements to Title 5 of the State Environmental Code to be effective as of April 21, 2006.
A.
(1.1) The following abbreviations are used herein:
(1)
SEC: Refers to the State Environmental Code.
B.
ABOVEGROUND SEPTIC SYSTEM
APPLICANT
BOARD
DEWATERED PERCOLATION TEST
GROUNDWATER MONITORING WELL
MAXIMUM GROUNDWATER ELEVATION
POTABLE WATER SUPPLY
PRIVATE DRINKING WATER WELL
SUBSTANTIAL IMPROVEMENT
(1)
(2)
WATER TABLE MAP
(1.2) The following definitions are in place of those shown in SEC
Title 5, Regulation 1:
A system where any part of the leaching facility (including
pits, fields, chambers, pipes, stone or peastone) is installed above
the natural grade of the land on the lot. Access manholes by themselves
do not cause a septic system to be considered an aboveground septic
system.
The person named on the disposal works construction permit
application as the owner of the property which is the site of the
proposed septic system.
Board of Health in the Town of Marshfield, Massachusetts,
or its agent.
A percolation test done in accordance with the procedures
outlined in Title 5, Section 15.03(5), except that some or all of
the four feet of naturally occurring pervious soil is saturated by
groundwater and some temporary dewatering of the soil is necessary
so the water can drain away from the soil and a standard percolation
test can be performed.
Piping placed in the ground for the purpose of obtaining
groundwater elevations or samples for testing.
The height of the groundwater table when it is at its maximum
level or elevation. (See SEC Title 5, Regulation 3.3, of these local
rules.)[1]
A water supply of sufficient quantity and pressure to meet
the needs of the occupants of the dwelling, lot or building, connected
with a public water system or with any other source that the Board
of Health or agent has determined, by requiring the water to be tested,
does not endanger the health of any potential user and is fit for
human consumption. A source shall be deemed potable which meets, at
a minimum, all the current primary drinking water standards. Other
tests may be required, by the Board or agent, if it is deemed necessary.
Any reconstruction, rehabilitation, addition, repair or improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. "Substantial improvement"
does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety codes which
have been identified by the local code enforcement official and which
are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
Note 1: The following items can be excluded from the cost of
improvement or repair: plans, specifications, survey, permits, and
other items which are separate from or incidental to the repair of
the damaged or improved building, i.e., debris removal/cartage.
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Note 2: The latest Assessors' structure value may be used, provided
that the Assessors certify that said value is based on 100% valuation,
less depreciation.
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A map showing piezometric elevations of the water table compiled
from known water table elevations in wells, borings, ponds, streams
and wetlands. It shows general groundwater flow direction from high
to low elevations.
A.
(2.4) Application for disposal works construction permit (supplements
SEC Title 5, Regulation 2.4).
(1)
An application for a construction permit shall be submitted on a
form supplied by the Board of Health and shall be obtained at the
office of the Board of Health.
(2)
Application requirements for all new construction, repairs to all
systems and in all cases where fill is to be used:
(a)
A plan of the lot must be submitted by a registered professional
engineer or registered sanitarian, signed, dated and stamped with
the seal of the person responsible for the design. The plan must be
drawn to scale not less than one inch equals 40 feet and contain the
following information:
[1]
Lot dimensions.
[2]
Location of street, house, garage, outbuildings, and driveway.
[3]
Location of sewage system and expansion area.
[4]
Dimensions of sewage system.
[5]
Location of water lines and gas lines.
[6]
Locations of observations pits and percolation tests.
[7]
Sources of water supply within 300 feet of the sewage system.
In all cases where there are existing dwellings or structures on abutting
properties, applicants for a disposal works construction permit shall
make inquiry of those abutters to the property or properties to ascertain
the presence or absence of a private well on such properties. The
applicant shall supply this documentation to the Board and the Department
of Public Works when applying for a disposal works construction permit.
[8]
Pertinent elevations, including elevation of road, cellar floor,
top of foundations, garage floor, and elevation schedule for sewage
disposal system, including invert elevations at house foundation,
entrance to septic tank, entrance to distribution box, beginning of
each leaching line, end of each leaching line, and bottom of leaching
pit, trench or bed. Accompanying this schedule, the proposed final
ground elevation at each of the called-for points along the disposal
system shall be shown.
[9]
Sufficient additional elevations must be shown, including final
grades at each or the four corners of the building, to indicate clearly
how the surface drainage on the property is to be handled. Plan must
be designed to drain the property satisfactorily to prevent adverse
drainage to adjoining property.
[10]
All present elevations must be shown at true spot elevations.
All proposed changes in elevation must be shown in the form of two-foot
contour lines, clearly showing the proposed change in topography.
[11]
A benchmark must be established and maintained until after the
final inspection by the design engineer. Its location must be shown
in the plan.
[12]
Watercourses, streams, brooks, ponds, lakes and the twelve-foot
tide line within 200 feet. Requirement by Engineering Department:
the benchmark shall be on mean sea level or an elevation obtained
from the Engineering Department.
[13]
A detail and sketch of any proposed retaining wall. All proposed
retaining walls four feet in height or greater must be designed and
certified by a structural engineer.
[14]
A statement as to whether the lot is located in the Marshfield
Water Resource Protection District or any Interim Wellhead Protection
District for a Zone II.
[15]
Any other pertinent information which the Board of Health may
require.
(b)
Application shall be made before percolation tests, groundwater
determination, and other on-site inspections are witnessed or performed
by the Board of Health. All data from observation pits, percolation
tests, and groundwater determinations shall be entered directly on
the application form at the time such tests and observations are witnessed
by the Board of Health. The representative of the Board of Health
shall date and sign the results of the tests which he witnesses.
(3)
Any permit granted will not be valid if conditions set forth in the
application have changed prior to or during actual construction of
the sewage disposal system.
(4)
No permit will be issued until an adequate supply of water is assured.
If a municipal well is the source, all applicants for a disposal works
construction permit may be required to submit a written statement
to the Board of Health, from the Department of Public Works, as to
the availability of an adequate supply of water in sufficient quantity
to provide adequate pressure to the occupants of the proposed building
or dwelling. The applicant may also be required to provide a statement
from the Fire Department that adequate fire flow will be provided
to the dwelling or building. If a private well is the source, the
well must be dug and the water tested before a permit will be issued.
(5)
Sewage system must be installed under the direct supervision of the
designing engineer. At the time of final inspection he must submit
a letter stating that this system has been installed according to
his plan and provide measurements of tie-ins or an "as-built" plan
of the system.
(a)
The "as built" must include final contours for any plans in
which the original contours over and around the septic system leaching
area and/or any components of the system have been changed, or were
designed to be changed. The "as built" must include distances from
the septic system and/or any component of the system to the property
line, in all cases where the distance from the septic system or component
is less than 25 feet from the property line. "As builts" must be submitted
to the Board of Health office no later than 30 days after the design
engineer completes the final inspection of the septic system.
(b)
Special conditions for variances. All Title 5 variances, local
upgrades, or local variances that are granted by the Board of Health
with conditions that limit or prohibit increases in design flow or
otherwise limit or prohibit alterations or repairs to the structure
shall be subject to the following requirement prior to issuance of
a certificate of compliance: The variance or upgrade form, with special
conditions specified, must be recorded at the Registry of Deeds. Proof
of recording must be presented to the Board of Health.
B.
(2.4h) Disposal systems with design flow in excess of 5,000 gallons
per day.
(1)
Purpose. To protect the groundwater used for drinking water purposes
from contamination which may result from concentrated sewage disposal.
(2)
Applicability. All proposed subsurface disposal systems with design
sewage flows of 5,000 gallons per day or greater per lot.
(3)
Procedure. The applicant(s) must demonstrate, by written report,
to the satisfaction of the Board of Health that current drinking water
standards will be met at the downgradient property limit and that
current surface water quality standards will not be violated at downgradient
lakes, ponds and streams due to the effluent from the system.
(a)
The written report shall be based upon the following scope of
work:
[1]
Geologic borings.
[2]
Water table map (one-foot interval contours) showing groundwater
flow direction.
[3]
Projections of downgradient concentrations of nitrate-nitrogen
(or other chemicals as requested by the Board of Health). Projections
of downgradient water quality will be determined utilizing two-dimensional
solute transport models and input variables approved by the Board
of Health. Currently approved models include: USGS Konikow and Bredegoeft
(1978) and Random Walk, Prickett and Lonquist (1981). Other models
may be approved by the Board upon request.
(b)
Currently approved input variables include:
[1]
Transmissivity to be determined by on-site pump test (minimum
of four hours).
[2]
Aquifer thickness to be determined by on-site boring locations
of confining layers and estimated plume thickness.
[3]
Dispersivity: determined by site-specific testing.
[4]
Hydraulic gradient as determined by site-specific water table
map.
[5]
No retardation factor.
[6]
Sewage flows as determined by Title 5 design flows.
(c)
Applicants who receive permits under this section shall install
a minimum of three downgradient and one upgradient groundwater monitoring
wells. Groundwater flow direction will be determined from the USGS
(1987) water table map and from site-specific observation wells where
necessary. Wells will be constructed of two-inch threader flush joint
PVC pipes with locking caps. Groundwater samples will be obtained
on an annual basis utilizing a bailer following standard well evaluation
procedures (three well volumes will be removed prior to sampling).
(d)
Evacuation is most easily accomplished using a gasoline pump
centrifugal. Water samples will be tested by a state-certified laboratory
on an annual basis for nitrate-nitrogen, ammonia-nitrogen, Kjedahl
nitrogen, total phosphorus, chloride, specific conductance and volatile
organic compounds (see separate current listing). Results are to be
reported to the Marshfield Board of Health and shall meet Massachusetts
Class I groundwater standards and appropriate advisory levels for
organic chemicals at the downgradient property boundary. Baseline
samples of all applicable testing parameters will be required. In
the event that water quality standards are violated, the following
action will be undertaken by the septic system owner:
[1]
Report test results to the Marshfield Board of Health within
48 hours by certified mail.
[2]
Resample and retest monitoring wells for the parameters which
were above the water quality standards within five days.
[3]
Notify the downgradient property owners who have a private drinking
water well within 48 hours of the second testing round, if the results
are above the current advisory levels, by certified mail.
[4]
Decrease wastewater flows or increase the level of treatment
within 45 days. Notify the Board of Health of these remedial measures.
[5]
Initiate any remedial actions deemed necessary by the Board
of Health.
[6]
All costs of complying with this section will be borne by the
applicant.
C.
(2.4i) Perimeter, curtain, subsurface or french drains.
(1)
The effectiveness of a perimeter drain system must be demonstrated
prior to the issuance of the disposal works construction permit. The
effect of attempting to lower the ground or perched water table shall
be monitored by installation of at least one upgradient and one downgradient
groundwater monitoring well. The effectiveness of the underdrains
shall be demonstrated by taking ground monitoring well readings one
time during the month of March and one time during the month of April,
for a period of two high-water seasons. All groundwater monitoring
well readings must be observed by the Board's agent in order
to be considered valid groundwater readings. A separate fee will be
charged for each site visit (see separate current fee schedule for
site work by agent beyond inspection of septic system charged per
inspection).
(2)
A perimeter, french, subsurface or curtain drain shall not serve
more than one lot and shall not be allowed on more than three sides
of a lot. They shall not cause accumulated water to drain onto any
abutting properties or public or private road. All work shall be performed
at the applicant's own expense and at their own risk. This monitoring
does not guarantee issuance of the disposal works construction permit,
either at the time of monitoring or at completion, since the Board
does not give conditional pre-approval in matters relative to sewage
disposal.
(3)
In order to propose a perimeter, french, curtain, or subsurface drain
system the groundwater table in question must be perched in a relatively
impermeable soil layer, have no vertical upward flux component and
be moving in a well-defined direction. If the drain meets these criteria
then the drain must be placed upgradient of the proposed sewage system
location, be of sufficient length and geometry to intercept all groundwater
affecting the location, be keyed into the impeding layer upon which
the groundwater is perched, and have a positive discharge to the surface
or to soil from the location in question.
D.
(2.5.3) General policy. Any reconstruction, alteration or repair
of a building to an extent of 50% or more of the assessed value of
the building shall be treated by this Board as new construction, to
which all Title 5 and Marshfield Board of Health rules and regulations
for the disposal of sanitary sewage apply.
E.
(2.7.1) Repealed January 24, 1991.
F.
(2.9) Fees (supplements SEC Title 5, Regulation 2.9). See separate
current fee schedule.
G.
(2.23) All sewage disposal systems must be located in their entirety
on one lot or parcel of land, it being the same lot or parcel on which
the facility producing the sewage is located.
A.
(3.3) Subsoil and groundwater determination (adds to SEC Title 5,
Regulation 3.3). The Board of Health shall require that one or more
observation pits be dug to a depth of four feet below the bottom of
the proposed leaching facility to determine the maximum groundwater
elevation and the elevation of any impervious material. The Board
may also require additional test holes in the area reserved for expansion
of the disposal field.
B.
(3.4E) Leaching requirements. For new construction, if any percolation
test in the primary or reserve area is equal to or exceeds 20 minutes
per inch, a minimum of four percolation tests and four observation
holes shall be performed.
C.
(3.5L) Percolation tests.
(1)
In the event the Board's agent encounters soil conditions other
than coarse sand, additional percolation tests may be requested by
the Board or its agent to determine the consistency and naturally
pervious soil beneath the entire proposed leaching and reserve areas.
(2)
The Board reserves the right to request additional percolation tests
at any time prior to the issuance of the disposal works construction
permit. The reasons for additional testing shall be provided to the
applicant in writing upon request.
D.
(3.5M) Dewatered percolation test.
(1)
The practice of conducting dewatered percolation tests will only
be allowed by a majority vote of the Board.
(2)
The Board may require consultant review, in accordance with Section
15.28 of these regulations,[1] to assess the engineering aspects of the dewatered percolation
test, to include but not be limited to the following: site-specific
soil conditions, groundwater information, the destination of any discharged
groundwater and safety factors.
E.
(3.5N) Percolation tests. The validity of a percolation test will
not be limited to any specific number of years by the Board of Health.
Percolation test will not be required to be repeated to determine
its validity unless any of the following is applicable:
F.
(3.7.1) Distances.
(1)
No disposal facilities shall be closer than the distances stated
to the components listed in the following table. The distance shall
be increased where required by conditions peculiar to a location.
Component
|
Septic Tank
|
Reserve Area
|
Leaching Facility
|
Building Sewer
|
Privy
| |
---|---|---|---|---|---|---|
Drinking water well or suction line
|
50
|
—
|
200
|
(3)
|
200
| |
Water supply line (pressure)
|
(b)
|
—
|
(b)
|
(b)
|
(b)
| |
Property line
|
10
|
—
|
10
|
—
|
50
| |
Dwelling
|
10
|
—
|
20
|
—
|
50
| |
Surface water supplies of tributaries to reservoirs including
open and subsurface drains
|
200
|
—
|
200
|
200
|
200
| |
Watercourse (see Title 5 definition)
|
75*
|
100
|
100
|
75*
|
100
| |
Leaching catch basin or dry well
|
—
|
—
|
25
|
—
|
—
|
*
|
100 feet from sewage disposal systems of a multiple dwelling.
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**
|
Downhill slope. The applicant must be able to meet the slope
requirements on the lot for which the permit is applied for, not including
any adjacent property unless a valid slope easement is obtained. This
must be reviewed by the Town's legal counsel prior to issuance
of the disposal works construction permit.
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(3)
|
Ten feet if constructed of durable corrosion-resistant material
with watertight joints laid in Class B bedding, or 50 feet if any
other type of pipe is used.
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(b)
|
Disposal facilities must be installed at least 10 feet from
and 18 inches below water supply lines. Whenever sewer lines must
cross water supply lines, both pipes shall be constructed of mechanical
joint cast-iron pipe and shall be pressure tested to assure watertightness.
|
G.
[3.7(6)] The lowest point of the leaching facility of any sewage
disposal system located in a flood hazard zone (as defined on the
Federal Flood Insurance Rate Maps) shall not be located below the
flood elevation of the applicable zone.
A.
[15.02(19)] Maintenance.
(1)
Septic tank, leaching field and cesspool cleaners shall be prohibited
from being used by the homeowner or the sanitary pumper unless the
product is contained on the Massachusetts Department of Environmental
Protection's list of allowed additives titled "Septic System
Additives Allowed for Use Under Title 5." Any pumper found using the
above chemicals to treat any portion of a septic system shall be subject
to license revocation or suspension by the Board of Health.
(2)
The Board of Health recommends pumping the septic tank every two
to three years.
B.
[15.05(10)] Septic tanks. A septic tank shall be located no further
than 75 feet from the building it is intended to serve. The length
of pipe between the septic tank and the leaching facility shall not
exceed 75 feet unless all the following criteria are met:
(1)
Class "C" bedding.
(2)
SDR 35 PVC piping.
(3)
Installation shall be under the direct supervision and inspection
of the engineering firm and the Board's agent.
(4)
An inspection fee will be assessed to the applicant (see current
fee schedule for site work by agent beyond inspection of septic system
charged per inspection).
C.
[15.05(11)] Septic tank filters and vents. All septic tanks shall
be equipped with a Department of Environmental Protection (DEP) approved
effluent filter, such as the Zabel, Polylok or other equivalent equal.
All septic systems equipped with vents shall utilize a vent filter
to mask odors, if any occupied building is located within 100 feet
of the septic system.
D.
[15.05(12)] Tight tanks. All tight tanks approved by the Board of
Health and DEP shall be subject to a twenty-four-hour test for determining
that the tank is watertight. An agent of the Board shall make inspections
as required to ensure that the tank is watertight.
E.
(15.6.1) Expansion area (adds to SEC Title 5, Regulation 15.6). An
additional area shall be reserved for future expansion or replacement
of the disposal fields. The Board of Health shall require observation
pits and percolation tests to be taken in this expansion area.
F.
(15.27) Severability.
(1)
If any provision of this regulation is declared unlawful by a valid
judgment of decree or any court of competent jurisdiction, such invalidity
shall not affect any of the remaining provisions of this regulation.
(2)
This regulation shall take effect upon publication in a newspaper
in the Town and shall be filed with DEP in Lakeville and Boston.
G.
(15.28) Consultant review. If the Board in the exercise of its discretion
reasonably deems it necessary to hire an independent expert consultant
for any issue relative to the installation of any portion of the subsurface
sewage disposal system, to include but not be limited to plan review,
performance of the percolation tests (dewatered or standard), interpretation
of soil logs, engineering information and groundwater data, the entire
fee for the consultant will be paid by the applicant. The applicant
will pay the Board of Health, which in turn will pay the consultant.
Such fee shall not be more than the prevailing rate for such review
in the Boston metropolitan area.
The following requirements apply to all variances from these
rules and regulations:
A.
Must be requested in writing.
B.
Must be granted, in writing, by a majority vote of the Board.
C.
A copy must be maintained in the permanent files, at the Board of
Health office, and available to the public during normal business
hours.
D.
A separate fee shall be charged per application (see current fee
schedule).
E.
If a variance is requested from any portion of these regulations
the applicant must demonstrate to the Board by clear and convincing
evidence, supplied by an expert consultant, that there will be no
adverse effect on the environment or the public health and safety
if the variance is given. The consultant shall be mutually agreed
upon by the Board and the applicant. All consulting costs shall be
borne by the applicant.
F.
A variance filing fee will be charged (see current fee schedule).
G.
Any variance so granted may be revoked, modified or suspended only
in accordance with SEC Title 5, Regulation 21.
A.
The Board of Health reserves the right to request a soil evaluation
as part of any Title 5 inspection to assist in determining the seasonal
high groundwater determination.
B.
Upgrading of substandard on-site sewage disposal systems.
(1)
Septic systems consisting of one cesspool shall be upgraded to conform
to 310 CMR 15.00, the State Environmental Code, Title 5, Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage, and the Town of Marshfield
requirements.
(2)
Cesspools with an overflow system or leaching pit(s) may continue
but will require further evaluation by the Board of Health as specified
by the following procedure: A cesspool with a leaching pit/system
will require that a soil evaluation be conducted by a licensed soil
evaluator to determine the seasonal high water determination. Systems
with any part of the soil absorption area below the seasonal high
groundwater shall constitute a failure. This regulation shall apply
to any septic system inspection conducted in accordance with 310 CMR
15.301 of the State Environmental Code, Title 5. This regulation shall
also be strictly enforced during the building permit application process.