[Adopted 1-23-2017]
The purpose of this regulation is to provide for the protection
of the public health, safety, welfare and the environment by, among
other things, requiring the proper siting, construction and testing
of private wells.
These regulations are adopted by the South Hadley Board of Health,
pursuant to its authority under MGL c. 111, § 31. These
regulations supersede all previous regulations for private wells adopted
by the South Hadley Board of Health.
As used in this regulation, the following terms shall have the
meanings indicated:
Any person designated and authorized by the Board to implement
these regulations in whole or part. To the extent provided by the
Board, 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 person who applies to have a private well constructed.
A water-bearing geologic formation, group of formations,
or part of a formation that contains sufficient saturated permeable
material to yield significant quantities of water to wells and springs.
A mixture of bentonite (API Standard 13A) and water in a
ratio of not less than one pound of bentonite per gallon of water.
The Board of Health of South Hadley, Massachusetts or its
authorized agent.
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire to dig or drill wells within the
Commonwealth of Massachusetts.
Impervious durable pipe placed in a boring to prevent the
walls from caving and to serve as a vertical conduit for water in
a well.
A laboratory certified by the Department of Environmental
Protection for the analysis of drinking water and required water quality
analytes. Provisional certification is acceptable.
Any person certified with the Department of Environmental
Protection Well Driller Program to dig or drill wells in the Commonwealth
of Massachusetts.
A mixture consisting of Portland cement (ASTM Standard C150,
Type 1 or API Standard 10, Class A), sand, gravel, and water in a
proportion of not more than five parts of sand plus gravel to one
part cement, by volume, and not more than six gallons of water. One
part cement, two parts sand, and three parts gravel are commonly used
with up to six gallons of water.
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/agent's written approval.
The Massachusetts Department of Environmental Protection.
A mixture consisting of one bag (94 pounds) of Portland cement
(ASTM Standard C 150, Type I or API Standard 10, Class A) to not more
than six gallons of clean water. Bentonite (API Standard 13A), up
to 2% by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase
fluidity and/or control setting time.
An individual, corporation, company, association, trust,
or partnership.
Any dug, driven, or drilled hole, with a depth greater than
its largest surface diameter, constructed or used to supply water
for human consumption that is not regulated by 310 CMR 22.00.
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
A mixture consisting of Portland cement (ASTM Standard C150,
Type I or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight, of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
The level of water in a well under non-pumping conditions.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
A.
A Massachusetts certified well driller shall obtain a permit from
the Board/agent prior to the commencement of construction of a private
well.
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 proof of valid Massachusetts certification.
(3)
A plan with a specified scale, signed by a registered surveyor
or engineer, showing the location of the proposed well in relation
to existing or proposed above- or below-ground structures.
(4)
A description of prior and current land uses within 200 feet
of the proposed well location, which represent a potential source
of contamination, including but not limited to the following:
(5)
Proof that the owner of any property abutting the applicant's
property has been notified of the applicant's intention to install
a well.
(6)
A permit fee of $100.
C.
The permit shall be on site at all times that work is taking place.
Each permit shall expire one year from the date of issuance unless
revoked for cause, or extended. Permits may be extended for one additional
six-month period, provided that a written explanation for the request
is received by the Board/agent prior to the one-year expiration date.
D.
Well construction permits are not transferable.
A.
The issuance of a water supply certificate by the Board/agent shall
certify that the private well may be used as a drinking water supply.
A water supply certificate must be issued for the use of a private
well prior to the issuance of an occupancy permit for an existing
structure or prior to the issuance of a building permit for new construction
which is to be served by the well.
B.
C.
Upon the receipt and review of the above documents, the Board/agent
shall make a final decision on the application for a water supply
certificate. A final decision shall be in writing and shall comprise
one of the following actions:
(1)
Issue a water supply certificate.
(2)
Deny the applicant a water supply certificate and specify the
reasons for the denial.
(3)
Issue a conditional water supply certificate with those conditions,
which the Board/agent deems necessary to ensure fitness, purity and
quantity of the water, derived from that private well. These conditions
may include, but not be limited to, requiring treatment and/or additional
testing of the water.
A.
In locating a well, the applicant shall identify on a plan all potential
sources of contamination which exist or are proposed within 200 feet
of the site. When possible, the well shall be located upgradient of
all potential sources of contamination and shall be as far away from
potential sources of contamination as possible, given the layout of
the property.
B.
No well shall be permitted for use as a potable water source unless
it meets the following setback requirements:
|
Setback
(feet)
|
From
| |
|---|---|---|
|
15
|
Property line
| |
|
25
|
Public or private roadway
| |
|
15
|
Right-of-way
| |
|
50
|
Building sewer line or septic tank
| |
|
100
|
Leaching field or dry well
| |
|
100
|
Stable, barnyard, manure storage
| |
|
15
|
Power line or overhead distribution line
| |
|
50
|
Any surface water, including but not limited to wetlands
|
C.
The Board/agent reserves the right to impose minimum setback requirements
from other potential sources of contamination not listed above. All
such additional setback requirements shall be listed, in writing,
as a condition of the well construction permit.
D.
Each private well shall be located so that it is accessible for repair,
maintenance, testing, and inspection. The well shall be completed
in a water-bearing formation that will produce the required volume
of water under normal operating conditions.
E.
Water supply lines shall be installed at least 10 feet from and 18
inches above any sewer line. Whenever water supply lines must cross
sewer lines, both lines shall be constructed of Class 150 pressure
pipe and shall be pressure tested to assure watertightness.
F.
No private well, or its associated distribution system, shall be
connected to either the distribution system of a public water supply
system or any type of waste distribution system.
A.
The applicant shall submit to the Board/agent for review and approval
a pumping test report. The pumping test report shall include, at a
minimum: the name and address of the well owner, well location referenced
to at least two permanent structures or landmarks, date the pumping
test was performed, depth at which the pump was set for the test,
location for the discharge line, static water level immediately before
pumping commenced, discharge rate and, if applicable, the time the
discharge rate changed, pumping water levels and respective times
after pumping commenced, maximum drawdown during the test, duration
of the test, including both the pumping time and the recovery time
during which measurements were taken, recovery water levels and respective
times after cessation of pumping, and reference point used for all
measurements.
B.
In order to demonstrate that the well capacity can provide the required
volume of water, a pumping test shall be conducted in the following
manner:
(1)
The volume of water necessary to support the household's daily
need shall be determined using the following equation: (number of
bedrooms plus one bedroom) x (110 gallons per bedroom) x (safety factor
of 2) = number of gallons needed daily.
(2)
The storage capacity of the well shall be determined using the
measured static water level and the depth and radius of the drillhole
or casing.
(3)
The required volume shall be calculated by adding the volumes
of water in (1) and (2) above. It is this volume of water that must
be pumped from the well within a twenty-four-hour period.
C.
The pumping test may be performed at whatever rate is desired. Following
the pumping test, the water level in the well must be shown to recover
to within 85% of the pre-pumped static water level within a twenty-four-hour
period.
|
Example 1: a one-bedroom house with a well six inches in diameter
containing 200 feet of standing water:
| ||
|
1)
|
1 bedroom + 1 bedroom = (2 bedrooms) x (110 gallons per bedroom)
x (safety factor of 2) = 440 gallons needed daily.
| |
|
2)
|
The volume of a six-inch well is 1.5 gallons for every foot
of water column length. Therefore: (200 feet of standing water) x
(1.5 gal./feet) = 300 gallons.
| |
|
3)
|
440 gallons + 300 gallons = 740 gallons that must be pumped
from the well in 24 hours or less to demonstrate suitable capacity.
Recovery to at least 85% of the static water level must also occur
within 24 hours after cessation of pumping.
| |
|
Example 2: For a four-bedroom house with a well that is six
inches in diameter containing 100 feet of standing water:
| ||
|
1)
|
4 bedrooms + 1 bedroom = (5 bedrooms) x (110 gallons per bedroom)
x (safety factor of 2) = 1,100 gallons needed daily.
| |
|
2)
|
The volume of a six-inch well is 1.5 gallons for every foot
of water volume length. Therefore: (100 feet of standing water) x
(1.5 gal./feet) = 150 gallons.
| |
|
3)
|
1,100 gallons + 150 gallons = 1,250 gallons that must be pumped
from the well in 24 hours or less to demonstrate suitable capacity.
Recovery to at least 85% of the static water level must also occur
within 24 hours after cessation of pumping.
| |
A.
After the construction of the well has been completed and disinfected,
and prior to using it as a private drinking water well, baseline water
quality testing shall be conducted.
B.
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.
C.
Water quality testing, utilizing the applicable USEPA-approved method
for drinking water testing, shall be conducted by a Massachusetts
certified laboratory and shall include analysis for the following
parameters:
D.
In wells drilled into bedrock, the Board/agent 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.
E.
The owner of every well used for drinking water, including those
serving a property which is rented or leased, shall have its water
tested at a Massachusetts certified laboratory for the following chemical
and bacteriological parameters at a minimum of once a year: total
coliform bacteria, E. coli bacteria, nitrate, nitrite, pH, conductivity,
sodium, and iron. All other required chemical parameters should be
tested at a minimum of every 10 years. The Board/agent may require
more frequent testing, or testing for additional parameters, where
other water quality problems are known or suspected to exist.
F.
The owner of a rental property shall make results of all water quality
tests available to all tenants of the property and the Board/agent.
In cases where the well water does not meet the water quality standards
outlined above, the Board/agent may require the property owner to
provide an alternative approved source of drinking water for the tenants.
G.
Prior to selling, conveying, or transferring title to real property,
the owner shall have tested the water of every private drinking water
well serving that property. A water sample from each well shall be
submitted to a Massachusetts certified laboratory for testing for
the parameters listed in the water quality section of this article.
This water quality testing shall have been performed not more than
one year prior to transfer of the property. Results of the water quality
testing shall be submitted to the Board/agent prior to property transfer.
H.
In addition, the owner shall give copies of all available water quality
test results of which he/she has knowledge (regardless of age of results)
for the private well in question to any buyer and/or broker involved
in the transfer. In the event that there is no buyer at the time the
water is tested, a copy of all water test results must be given by
the owner to the buyer before the property is put under agreement.
I.
For irrigation wells, the Board/agent requires annual testing for
E. coli bacteria and nitrate/nitrite, as accidental consumption could
result in acute exposure.
J.
The Board/agent reserves the right to require retesting of the above
parameters, or testing for additional parameters, when, in the opinion
of the Board/agent, it is necessary due to local conditions or for
the protection of public health, safety, welfare and the environment.
All costs and laboratory arrangements for the water testing are the
responsibility of the applicant.
K.
Following a receipt of the water quality test results, the well owner
shall submit a water quality report to the Board/agent which includes:
L.
This regulation requires that private drinking water wells meet all
current Massachusetts primary and secondary drinking water standards
and guidelines adopted by the MassDEP Office of Research and Standards
(ORS). In any case where a private drinking water well does not meet
such standards or guidelines, as it deems necessary for the protection
of public health, safety or welfare, the Board/agent may take action
including, but not limited to, requiring the property owner to provide
an alternative source of drinking water.
A.
General.
(1)
Pursuant to 310 CMR 46.02(1), no person in the business of digging
or drilling shall construct a well unless certified by the MassDEP
Well Drillers Program.
(2)
Any work involving the connection of the private well to the
distribution system of the residence must conform to the local plumbing
code. 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 pump installer or certified well driller,
including the installation of the pump and appurtenance(s) in the
well or house.
(3)
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
without prior approval of the Board/agent.
B.
General well design and construction.
(1)
All private wells shall be designed and constructed such that:
(a)
The materials used for the permanent construction are durable
in the specific hydrogeologic environment that occurs at the well
site.
(b)
No unsealed opening is be left around the well that could conduct
surface water or contaminated groundwater vertically to the intake
portion of the well or transfer water from one formation to another.
(2)
Permanent construction materials shall not leach or contribute
toxic substances, taste, odors, or bacterial contamination to the
water in the well.
(3)
The driller shall operate all equipment according to generally
accepted standards in the industry and shall take appropriate precautions
to prevent damage, injury or other loss to persons and property at
the drilling site.
(4)
Well construction design shall ensure that surface water does
not enter the well through the opening or by seepage through the ground
surface. Construction site waste and materials shall be disposed of
in such a way as to avoid contamination of the well, any surface water
or the aquifer. During any time that the well is unattended, the contractor
shall secure the well in a way so as to prevent either tampering with
the well and/or the introduction of foreign material into the well.
(5)
All water used for drilling, well development, or to mix a drilling
fluid shall be obtained from a source which will not result in contamination
of the well or the water-bearing zones penetrated by the well. Water
from wetlands, swamps, ponds and other similar surface features shall
not be used. Water shall be conveyed in clear, sanitary containers
or water lines and shall be chlorinated to an initial concentration
between 50 mg/l and 100 mg/l. All drilling equipment, including pumps
and down hole tools, shall be cleaned and disinfected prior to drilling
each new well or test hole.
(6)
All drilling fluids shall be nontoxic. Drilling fluid additives
shall be stored in clean containers and shall be free of material
that may adversely affect the well, the aquifer, or the quality of
the water to be pumped from the well. Surfactants shall be biodegradable.
The use of biodegradable organic polymers shall, when possible, be
avoided.
(7)
All wells, including those that have been hydrofractured, shall
be developed in order to remove fine materials introduced into the
pore spaces or fractures during construction. One or more of the following
methods shall be used for development: overpumping, backwashing, surging,
jetting, air-lift pumping.
(8)
The completed well shall be sufficiently straight so that there
will be no interference with installation, alignment, operation or
future removal of the permanent well pump.
C.
Well casing.
(1)
Private water supply wells shall be constructed using either
steel or thermoplastic well casing. The casing shall be of adequate
strength and durability to withstand anticipated formation and hydrostatic
pressures, the forces imposed on it during installation, and the corrosive
effects of the local hydrogeologic environment.
(2)
All casing used in the construction of private wells shall be
free of pits, breaks, gouges, deep scratches and other defects. If
previously used casing is installed, it shall be decontaminated and
disinfected prior to installation.
(3)
Installation of water well casing shall be done in a manner
that does not alter the shape, size, or strength of the casing and
does not damage any of the joints or couplings connecting sections
of the casing. A standard drive shoe shall be used when casing is
installed. The drive shoe shall be either welded or threaded to the
lower end of the string of casing and shall have a beveled metal cutting
edge forged, cast, or fabricated for this specific purpose.
(4)
Upon completion of the installation procedure, the entire length
of the casing above the intake shall be watertight.
(5)
Well casing shall not be cut off below the land surface unless
a pitless adapter or a pitless unit is installed or an abandoned well
is being permanently plugged. Well casing terminating above grade
shall extend at least 12 inches above the predetermined ground surface
at the wellhead except when the well is located in a floodplain. When
a well is located in a floodplain, the well casing shall extend at
least two feet above the level of the highest recorded flood. The
top of the well casing shall be reasonably smooth and level.
D.
Well screen. A well screen is required for all drilled wells that
are completed in unconsolidated formations. All well screens shall
be of Grade 304 stainless steel. Wells completed in bedrock do not
require a screen unless the bedrock formation is brittle in nature
or has a potential for collapse. The well screen aperture openings,
screen length, and diameter shall be selected so as not to limit the
aquifer's water-yielding characteristics while preventing access of
soil particles that would detract from well efficiency and yield.
E.
Grouting and sealing.
(1)
Private wells drilled in bedrock shall be grouted from the ground
surface or to the bottom of the pitless adaptor (if present) to 15
feet into competent bedrock. Neat cement grout, sand cement grout,
or Bentonite grout shall be used. It shall have a permeability of
at least 1 x 10-7 and be emplaced using
standard grouting techniques as described in the MassDEP Private Well
Guidelines, as amended.
(2)
All wells completed with the casing extending above grade shall
have a surface seal designed to eliminate the possibility of surface
water flowing down the annular space between the well casing and the
surrounding backfilled materials. The surface seal shall extend to
a depth below the local frost line.
F.
Wellhead completion.
(1)
All wells shall be equipped with a sanitary seal or watertight
cap designed to prevent surface water and foreign matter from entering
the well.
(2)
All wells except flowing artesian and dug wells shall be vented.
The opening of the vent pipe shall be covered with a 24 mesh corrosion-resistant
screen and shall be large enough to prevent water from being drawn
into the well through electrical conduits or leaks in the seal around
the pump when the pump is turned on. The vent pipe shall terminate
in a downward position at or above the top of the casing.
(3)
All connections to a well casing made below ground shall be
protected by either a pitless adapter or a pitless unit that complies
with the most recent revision of National Sanitation Foundation Standard
Number 56, entitled "Pitless Well Adapters."
(4)
Above-grade connections into the top or side of a well casing
shall be at least 12 inches above the established ground surface or
two feet above the level of the highest known flood, whichever is
higher. Above-grade connections shall be sealed so that they are watertight.
(5)
The ground immediately surrounding the well casing shall be
sloped downward and away from the well in all directions to eliminate
the possibility of surface water ponding.
G.
Disinfection.
(1)
Upon completion of well construction, the well driller shall
disinfect the well. If a pump is to be installed immediately upon
completion of the well, the pump installer shall disinfect the well
and the pumping equipment after the pump has been installed.
(2)
If the pump is not installed upon completion of the well, the
pump installer shall, upon installation, disinfect the well and the
pumping equipment. The pump installer shall also disinfect the entire
water supply system immediately after any maintenance or repair work
is done on the pump.
(3)
When a well is disinfected, the initial chlorine concentration
shall be 100 mg/l throughout the entire water column.
(4)
For newly constructed or altered wells in which the pump is
not immediately installed, the chlorine concentration used to disinfect
the well shall be 100 mg/l. Upon installation of the pump, the well,
the pumping equipment, and the distribution system, if connected,
shall be disinfected with a chlorine concentration of 100 mg/l.
(5)
The disinfectant solution shall remain undisturbed in the well for a minimum of two hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a Massachusetts certified laboratory. For new wells, the sample shall be tested pursuant to § 300-156 of these regulations.
(6)
Only certified well drillers are authorized to physically alter
or repair a well. For wells that have undergone repair, a sample shall
be tested for total coliform bacteria and any other parameters deemed
appropriate by the Board/agent, prior to being put back in use.
A.
Abandoned wells, test holes, and borings shall be decommissioned
so as to prevent the well, including the annular space outside the
casing, from being a channel allowing the vertical movement of water.
B.
The owner of a private well shall decommission the well if any of
the following criteria are met:
(1)
Construction of the well is terminated prior to completion of
the well.
(2)
The well owner notifies the Board/agent that the use of the
well is to be permanently discontinued.
(3)
The well has been out of service for at least three years.
(4)
The well is a potential hazard to public health or safety and
the situation cannot be corrected.
(5)
The well is in such a state of disrepair that its continued
use is impractical or unsafe.
(6)
The well has the potential for transmitting contaminants from
the land surface into an aquifer or from one aquifer to another and
the situation cannot be corrected.
C.
The property owner shall ensure that all abandoned wells and test
holes or borings associated with the well installation are properly
plugged before work at the site is completed. Only certified well
drillers may plug abandoned wells, test holes, and borings.
D.
Abandoned overburden wells or borings shall be completely filled
with a low-permeability grout, which cures with a final permeability
of less than 1 x 10-7 cm/sec. Wells shall
be plugged with neat cement grout, sand cement grout, concrete, or
bentonite grout.
E.
Regardless of the type used, the grout used for plugging shall:
(1)
Be sufficiently fluid so that it can be applied through a tremie
pipe from the bottom of the well upward.
(2)
Remain as a homogeneous fluid when applied to the subsurface
rather than disaggregating by gravity into a two-phase substance.
(3)
Be resistant to chemical or physical deterioration.
(4)
Not leach chemicals, either organic or inorganic, that will
affect the quality of the groundwater where it is applied.
F.
The plugging materials shall be introduced at the bottom of the well
or boring and placed progressively upward to a level approximately
four feet below the ground surface. Sealing materials shall not be
poured from the land surface into the well, borehole, or annular space
being sealed.
G.
The well driller shall install a surface seal after the well or boring
has been plugged. Before the surface seal is placed, casing remaining
in the hole shall be cut off. The remaining four feet at the top of
the well or boring shall then be filled with concrete. The top of
the seal shall comprise a concrete slab above the top of the plugged
well or boring. This concrete slab shall be at least six inches thick
and shall be at least two feet greater in diameter than the well casing
or borehole wall.
A.
The Board/agent has authority to investigate suspected or known violations
of these regulations and/or violations of any water supply certificate
conditions. The Board/agent may take actions, as it deems appropriate,
within its authority for the protection of public health, safety,
welfare, or the environment, and to enforce any of the provisions
of this regulation.
B.
If any investigation reveals a violation of these regulations or
the water supply certificate conditions, the Board/agent may order
the private well owner to comply with the violated provision(s), and/or
take other action within its authority as the Board/agent deems appropriate.
C.
Any order the Board/agent issues shall be in writing and served in
the following manner:
(1)
Personally, by any person authorized to serve civil process;
(2)
By any person authorized to serve civil process by leaving a
copy of the order at the property owner's address;
(3)
By sending the property owner a copy of the order by registered
or certified mail, return receipt requested; or
(4)
By posting a copy of the order in a conspicuous place on or
about the premises and by advertising it for at least three out of
five consecutive days in one or more newspapers of general circulation
within the municipality where the private well is located, if the
property owner's last and usual place of residence is unknown or outside
the commonwealth.
A.
Any person to whom the Board/agent issues an order may request a
hearing before the Board/agent by filing with the Board/agent within
seven days after the day the order was served a written request for
a hearing. Upon receipt of a hearing request, the Board/agent shall
set a time and place for the hearing and shall inform the well owner
in writing. The hearing shall commence within 30 days from the day
on which the written request was made, unless a later time is agreed
to in writing by the Board/agent and the person requesting the hearing.
At the hearing, the person requesting the hearing shall be given an
opportunity to be heard and show why the order should be modified
or withdrawn. After the close of the hearing, the Board/agent shall
issue a written decision to sustain, modify, or withdraw the order
and shall mail a copy of the decision, by certified mail, return receipt
requested, to the person who requested the hearing. If the Board/agent
sustains or modifies the order, it shall be carried out within the
time period allotted in the original order or in the modification.
B.
Every notice, order, or other record prepared by the Board/agent
in connection with the hearing shall be entered as a matter of public
record in the office of the Clerk of the city or Town, or in the office
of the Board/agent.
C.
If a request for a hearing is not filed with the Board/agent within
seven days after the day an order has been served or if, after a hearing,
the order has been sustained in whole or any part, each day's failure
to comply with the order as issued or sustained shall constitute a
separate violation.
Any person aggrieved by the final order, variance, well construction
permit, or certificate of water supply determination of the Board/agent
may appeal to any court of competent jurisdiction as provided by the
laws of the commonwealth.
Any person who violates any provision of these regulations,
or who fails to comply with any final order of the Board/agent, for
which a penalty is not otherwise provided in any of the Massachusetts
General Laws, shall upon conviction be fined not less than $10 nor
more than $500. Each day's failure to comply with a final order or
any provision of this regulation shall constitute a separate violation.
A.
The Board/agent may grant a variance to any provision of this regulation
when, in its opinion, the enforcement would result in manifest injustice,
and the applicant has demonstrated that the equivalent degree of protection
will be provided without strict application of the particular provision(s)
sought to be varied.
B.
Every request for a variance shall be in writing shall state the
specific provision of this regulation from which variance is sought,
the reasons for seeking the variance and proof of the notice required
below. The request shall also contain the information to establish
manifest injustice and an equivalent degree of protection. At least
10 days prior to submission of the application to the Board/agent,
the applicant shall provide notice of its intent to the request a
variance as follows: 1) by certified mail, return receipt requested,
to all abutters of the property upon which the private well will be
or is located and 2) publication in a newspaper of general circulation
in the town or city in which the private well will be or is located.
The notice shall include, at a minimum: the name and address of the
applicant, a statement of the provision(s) of this regulation from
which a variance is sought, and the reason for seeking the variance.
Any grant or denial of a variance shall be in writing and shall contain
a brief statement of the reasons for approving or denying the variance.
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 in the office of the Town Clerk or office of the
Board of Health. No work shall be done under any variance until 30
days elapse from its issuance, unless the Board/agent certifies in
writing that an emergency exists.
C.
The Board/agent may issue a variance subject to such conditions as it deems necessary to public health, safety, welfare or the environment. Any such conditions shall be stated in writing in the Board's/agent's grant of the variance. The Board/agent may revoke, modify or suspend, in whole or in part, a variance after the property owner has been notified in writing and is afforded an opportunity to be heard, pursuant to § 300-161 of these regulations.
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.
A.
These regulations were adopted by vote of the South Hadley Board
of Health, on January 23, 2017, and are to be in full force and effect
on January 23, 2017.
B.
These regulations or any portions thereof may be amended, supplemented
or repealed from time to time by the Board, as provided by law and
applicable regulations.
The issuance of a well permit shall not be construed as a guarantee
or certification by the Board or its agents that the water system
will function satisfactorily or that the water supply will be of sufficient
quality or quantity for its intended use.
