[HISTORY: Adopted by the Town of Nantucket as indicated in
article histories. Amendments noted where applicable.]
TOWN CODE REFERENCES
Nantucket and Madaket Harbor watersheds — See Ch. 99.
[Adopted by the Board of Health 9-29-2005[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
A.
Purpose. Whereas the Nantucket Harbor Study of March 1997, as completed
by the Woods Hole Oceanographic Institution, denotes increasing levels
of nutrient loading in Nantucket Harbor, these regulations are promulgated
to further limit said nutrient loading and other sources of contamination
and to protect and enhance the quality of groundwater flowing into
and affecting Nantucket's harbor waters.
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 these regulations, the following terms shall have
the meanings indicated:
The area constituting the watershed for Nantucket Harbor,
as described in a technical report entitled "Nantucket Water Resource
Management Plan," 1990, by Horsley Witten Hegemann, Inc., and as delineated
on a map entitled "Nantucket Harbor Watershed," Nantucket GIS, dated
January 1999.
A.
Properties utilizing in-ground soil absorption systems located within
Zone A of the Nantucket Harbor Watershed District as established by
these regulations, and as demonstrated on a map entitled "Nantucket
Harbor Watershed District with 1,000 foot Buffer Belt," shall have
the existing soil absorption system inspected by a Massachusetts-licensed
system inspector within 30 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 Nantucket Harbor Watershed District as established by
these regulations, and as demonstrated on a map entitled "Nantucket
Harbor Watershed District with 1,000 foot Buffer Belt," shall have
the existing soil absorption system inspected by a Massachusetts-licensed
system inspector within 36 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 existing unique development conditions
or due to the proximity of multiple systems within a limited geographic
area, substitute a preapproved groundwater monitoring protocol for
the test pit excavation. The monitoring protocol shall require, as
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 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 month of the adoption of the assessment report as required in § 309-6B and/or within 30 months of the expiration date of Zone A and B inspections, subject to § 309-6C.
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 after 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 pits 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 HWH study and/or USGS Hydrologic Investigation
Atlas Water Resources Map dated 1980) exceeds 10 feet, testing will
not be required.
