[Adopted by the Board of Health 8-24-2009[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 Department of Environmental
Protection has documented increasing levels of nutrient loading with
resultant degradation of water quality within the Madaket Harbor/Hither
Creek watershed system, these regulations are promulgated to maintain
and/or restrict additional effluent flows which may further degrade
Madaket Harbor/Hither Creek 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 Madaket Harbor/Hither
Creek, as delineated on a map entitled "Madaket Harbor Watershed with
Sub-Areas," Nantucket GIS, dated January 13, 2003.
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 and located within the
Madaket Harbor 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No part of these regulations may be modified and/or rescinded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 a 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 303, Article III.
These regulations are adopted by the Town of Nantucket's Board
of Health as authorized by MGL c. 111, § 31.
