[HISTORY: Adopted by the Town of Nantucket as indicated in
article histories. Amendments noted where applicable.]
[Adopted by the Board of Health 9-2-2010[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations 6-16-2022.
A.
Purpose. Whereas ongoing research by the Town of Nantucket in cooperation
with the Commonwealth of Massachusetts Department of Environmental
Protection has documented increasing levels of nutrient loading in
the Hummock Pond watershed system, these regulations are promulgated
to further limit said nutrients and other sources of contamination
loading, and to protect and enhance the quality of groundwater flowing
into and affecting the waters of Hummock Pond.
B.
Authority. These regulations are adopted by the Town of Nantucket's
Board of Health as authorized by MGL c. 111, § 31.
As used in this regulation, the following terms shall have the
meanings indicated:
The area constituting the watershed for Hummock Pond as delineated
on a map entitled "Hummock Pond Watershed," Nantucket GIS, dated July
1, 2010.
A.
Properties utilizing in-ground soil absorption systems located within
Zone A of the Hummock Pond Watershed Protection District as established
by these regulations, and as demonstrated on a map titled "Hummock
Pond Watershed Protection District," shall have the existing soil
absorption system(s) inspected by a Massachusetts-licensed system
inspector prior to June 30, 2015. Said inspection report shall be
recorded with the Nantucket Health Department within 21 days of the
completed inspection.
B.
Properties utilizing in-ground soil absorption systems located within
Zone B of the Hummock Pond Watershed Protection District as established
by these regulations, and as demonstrated on a map titled "Hummock
Pond Watershed Protection District," shall have their existing soil
absorption system(s) inspected by a Massachusetts-licensed system
inspector prior to June 30, 2015. Said inspection report shall be
recorded with the Nantucket Health Department within 21 days of the
completed inspection.
A.
All systems shall be inspected to determine the presence and/or absence
of hydraulic failure and depth to groundwater. Depth to groundwater
shall be determined by direct observation of highest groundwater elevation
(including seasonal perched and tidally influenced groundwater) in
a test pit excavation, unless an alternative method for accurately
determining the depth to groundwater has been approved in writing
by the Health Director.
B.
The Health Director may, based on unique development conditions or
due to the proximity of multiple systems within a limited geographic
area, substitute a preapproved groundwater monitoring protocol for
test pit excavation. This monitoring protocol shall require at a minimum:
A.
The owner of a system meeting hydraulic failure criteria pursuant
to these regulations as stated on the Town of Nantucket Board of Health
septic system inspection report/certificate of compliance form shall
bring the system into compliance with all applicable state and local
regulations within 60 days of the date of the inspection.
B.
The owner of a system meeting failure criteria, exclusive of hydraulic failure, pursuant to these regulations as stated on the Town of Nantucket Board of Health septic system inspection report/certification of compliance form shall bring the system into compliance with all state and local regulations within 18 months of the adoption of the assessment report required in § 288-6 and/or within 30 months of the expiration date of Zone A and B inspections.
A.
Within three months of the inspection expiration date of Zones A
and B, the Health Department shall tabulate and publish the inspection
results.
B.
Within six months of the inspection expiration date of Zones A and
B, the Health Department shall provide a preliminary assessment report
to the Board of Health. This report shall include a brief evaluation
of treatment options to effectuate implementation of best available
engineering design for all required repairs/upgrades.
C.
No later than six months following the expiration date of Zone B
inspections, the Board of Health shall adopt the Hummock Pond Watershed
Protection Area Assessment Report, including recommendations.
The following are exempt from the requirements of these regulations:
A.
Properties whose on-site sewage disposal design is documented to
be based on test pit and percolation testing observed by the Board
of Health after June 1, 2008.
B.
Properties which have been inspected and have both a Town of Nantucket
Board of Health septic system inspection report and a certificate
of compliance form filed with the Nantucket Health Department and
dated within 24 months prior to promulgation of these regulations
are exempt from inspection and compliance standards as set forth in
these regulations.
[Adopted by the Board of Health 9-2-2010[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations 6-16-2022.
Whereas ongoing research by the Town of Nantucket in cooperation
with the Commonwealth of Massachusetts's Department of Environmental
Protection has documented increasing levels of nutrient loading with
resultant degradation of water quality within the Hummock Pond watershed
system, these regulations are promulgated to maintain and/or restrict
additional effluent flows which may further degrade Hummock Pond and
North Head of Hummock Pond water quality through increased nutrient
loading.
As used in these regulations, the following terms shall have
the meanings indicated:
The area constituting the watershed for Hummock Pond and
North Head of Hummock Pond as delineated on a map entitled "Hummock
Pond Watershed," Nantucket GIS, dated July 1, 2010.
Areas that have been determined by the Nantucket Board of
Health to be particularly sensitive to the discharge of pollutants
from on-site sewage disposal systems, including nitrogen, nitrogen
as nitrate, phosphorous and pathogens. Such areas are depicted on
a plan entitled "Board of Health Nitrogen Sensitive Areas," which
is hereby incorporated by reference herein, and as such warrant the
imposition of the loading restrictions set forth within these regulations.
A.
All properties currently existing or created which are served by
in-ground septic systems and located within the Hummock Pond Watershed
Protection District as defined within these regulations shall not
be constructed or reconstructed to receive design flows over 110 gallons
of effluent for every 10,000 feet of lot area. The use of abutting
roads and rights-of-way to a property shall not be considered in calculating
the permissible effluent flows for the subject property.
B.
Existing developed properties shall be allowed to repair/replace
existing subsurface disposal systems for existing flows determined
by a qualified licensed Massachusetts professional with nutrient-reducing
technologies or technologies acceptable to the Nantucket Board of
Health as deemed appropriate.
No part of these regulations may be modified and/or rescinded
without a majority vote of Town of Nantucket Board of Health.
Without limiting any other available remedies or penalties, the Board of Health may punish any person or entity that violates these regulations by assessing a penalty of $300. Each day or part thereof on which violation occurs or continues shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article II, of the Code of the Town of Nantucket may be used with a penalty of $300 for each violation, each day or part thereof during which such violation occurs or continues constituting a separate offense. The Health Director and Assistant Health Officer are hereby empowered to enforce this Chapter 288, Article II.
These regulations are adopted by the Town of Nantucket's Board
of Health as authorized by MGL c. 111, § 31.
