[Adopted by the Board of Health 6-14-2006[1]]
[1]
Editor's Note: The Board of Health approved the codification of its regulations, as revised, 6-16-2022.
A. 
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 Madaket Harbor/Hither Creek watershed system, these regulations are promulgated to further limit said nutrient and other sources of contamination loading and to protect and enhance the quality of groundwater flowing into and affecting Nantucket's harbor waters.
B. 
These regulations are adopted by the Town of Nantucket's Board of Health as authorized by MGL c. 111, § 31.
As used in these regulations, the following terms shall have the meanings indicated:
MADAKET HARBOR WATERSHED
The area constituting the watershed for Madaket Harbor/Hither Creek, as delineated on a map entitled "Madaket Harbor Watershed with Sub-Areas," Nantucket GIS, dated January 13, 2003.
A. 
Properties utilizing in-ground soil absorption systems located within Zone A of the Madaket Harbor Watershed District as established by these regulations and as demonstrated on a map titled "Madaket Harbor Watershed District" shall have the existing soil absorption system inspected by a Massachusetts-licensed system inspector within 42 months of promulgation of these regulations. 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 Madaket Harbor Watershed District as established by these regulations and as demonstrated on a map entitled "Madaket Harbor Watershed District" shall have the existing soil absorption system inspected by a Massachusetts-licensed system inspector within 48 months of promulgation of these regulations. 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. The monitoring protocol shall require, as a minimum:
(1) 
Data collected over a twelve-month period.
(2) 
A minimum of three wells offset to define groundwater flow direction as well as depth.
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 30 days of the date of 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/Certificate 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 § 303-11 and/or within 30 months of the expiration date of Zone A and B inspections.
A. 
Within three months of the inspection date of Zone A and B inspections, the Health Department shall tabulate and publish the inspection results.
B. 
Within six months of the expiration date of Zone A and Zone B inspections, 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 of the expiration date of Zone B inspections, the Board of Health shall adopt the Nantucket/Madaket Assessment Report, including recommendations.
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 November 1, 2003, are exempt from the requirements of these regulations.
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 before promulgation of these regulations are exempt from inspection and compliance standards as set forth in these Regulations.
C. 
In all areas where Town of Nantucket mapping shows that the separation between the bottom of the soil absorption system and the predicted groundwater elevation (based on Horsley/Whitten/Hegeman study and/or USGS Hydrologic Investigation Atlas Water Resources Map 1980) exceeds 10 feet, documentation of high groundwater levels shall not be required.
A. 
Enforcement of these local regulations shall be effected through Chapter 223, Board of Health Administration, Article II, Enforcement of Regulations, of the Town Regulations.
B. 
These regulations and the amendments thereto shall become effective upon the date of publication.