[Adopted by the Board of Health 12-1-2004[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
A.
Purpose. The purpose of these regulations is to protect the public
health and general welfare by regulating on-site soil absorption systems
in a manner which will protect the quality of the Town of Nantucket's
groundwater and surface waters. These regulations are intended to
complement Title 5 of the State Environmental Code.
B.
Authority. These regulations are adopted pursuant to the authority
granted to the Board by MGL c. 111, § 31.
C.
Findings. The Board has determined that the State Environmental Code
Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, is not adequate to protect groundwater and surface waters
from contamination by nutrients, bacteria, viruses, and hazardous
materials associated with septic system effluent, particularly in
areas with extremely rapid infiltration rates, and in coastal areas
characterized by tidally induced groundwater fluctuations, coastal
flooding, and shifting sand.
A.
Disposal works construction permit. No individual on-site septic system or other means of sewage disposal shall be located, constructed, altered, repaired, or installed where a common sanitary sewer is accessible adjoining the property and where permission to enter such sewer can be obtained from the Nantucket Board of Public Works having jurisdiction over it (310 CMR 15.00) or if a common sanitary sewer is not accessible until a permit for an on-site system's location, construction, alteration, repair or installation shall have been issued by the Board of Health. A permit shall not be issued for any system of individual sewage disposal when the total volume of the sewage to be disposed of on any lot is in excess of 10,000 gallons per day, or where an on-site system is proposed on the lot to be served, until the plans for such system have been approved by the Massachusetts Department of Environmental Protection in accordance with MGL c. 111, § 17. Where sewage flows on a lot exceed 10,000 gallons per day, the Department of Environmental Protection may require additional treatment of the waste prior to its disposal to the ground. The applicant is also obligated to comply with any applicable requirements established by the Division of Water Pollution Control pursuant to MGL c. 21, § 43, and the Wetlands Protection Act, MGL c. 131, § 40. A permit shall not be issued in designated Nantucket nitrogen-, phosphorous- and/or pathogen-sensitive areas except as provided in § 332-19 of this article.
B.
Application for disposal works construction permit. An application for a disposal works construction permit shall be submitted to the Board of Health and must be accompanied by a plan stamped by a qualified licensed professional engineer or registered sanitarian. The Board shall revoke such permit if conditions different from those set forth in the application are found to exist prior to or during actual construction of the system. The permit so granted shall expire two years from the date of issue in accordance with Chapter 303, Article I, Madaket Regulations, § 303-5 of the Town Regulations if the work authorized by the permit is not completed within two years of the date the permit was issued.
C.
Plan of on-site system or subsurface sewage disposal system or systems.
The submitted plan must show at a minimum: the lot to be served, location
and dimensions of the system (including reserve area), design calculations,
existing and proposed contours at one- or two-foot intervals, location
and log of deep observation holes, locations and results of percolation
tests, location of any streams, surface and subsurface drains and
wetland resource areas within 100 feet of the system, known sources
of water supply within 200 feet of the system, location of any proposed
well to serve the lot, location of water lines on the property, depth
to groundwater/maximum groundwater elevation in the area of the soil
absorption system, and a profile of the system. The plan must be prepared,
reviewed and stamped by a professional engineer or a registered sanitarian
and stamped by a licensed professional land surveyor as required.
D.
Use. The use of an individual system shall be in compliance with
the terms of the permit issued therefor and shall not exceed the design
capacity of the system. Design capacity shall not be reduced for seasonal
use.
E.
Building or plumbing permits/subdivision plans. No building permit,
foundation permit, special building permit or plumbing permit shall
be issued until a disposal works construction permit has been first
obtained, unless the Board of Health determines that the existing
system is adequate for a proposed alteration or addition to an existing
dwelling.
F.
Certificate of compliance. A new individual system and alteration
and repairs to an existing individual system shall not be placed in
service, nor shall new dwellings or buildings or additions thereto,
which must rely on new individual systems for sewage disposal, be
occupied until the Board of Health has issued a certificate of compliance
indicating that said system has been located, constructed, altered,
or repaired in compliance with the terms of the permit and the requirements
of this regulation. The Board shall require inspection of all construction
by a professional engineer or a registered sanitarian and the agent
of the Board of Health; and require certification in writing that
all work has been completed in accordance with the terms of the permit
and the approved plans. Such certification shall include an as-built
plan stamped by the licensed professional engineer or registered sanitarian
and stamped by a professional land surveyor as required.
G.
Fees. Fees for the issuance of a construction permit, issuance of
a certificate of compliance, and test pit/percolation test observation
shall be charged by the Board of Health at the time an application
is made, and shall be in accordance with the fee schedule adopted
by the Board of Health.
H.
Conditions for permit issuance. In addition to the obligation to meet the general requirements above, and those set forth in Title 5 of the State Environmental Code hereby incorporated by reference, no certificate of compliance and no permit for the construction of an individual system shall be granted unless the additional standards set forth in §§ 332-17 through 332-21 and all other applicable Town of Nantucket Board of Health regulations are met.
A.
On any lot there will be at least two deep observation holes in the area to be used for leaching plus any additional number of deep observation holes which, in the opinion of the Health Agent, will be necessary to determine the consistency (or lack thereof) of the character of the soil. The observation holes shall be examined to a depth of at least six feet below the bottom of the proposed leach facility, but in no case shallower than 10 feet total depth, unless this depth is unattainable because of existing site conditions as determined by an agent for the Board. Groundwater elevations/depth to groundwater shall be determined as set forth in Chapter 223, Board of Health Administration, Article III, Definitions, of the Town Regulations.[1]
B.
All deep observation holes shall be witnessed by the Board of Health
or its designated agent.
C.
Maximum groundwater elevation/depth to groundwater shall be determined
for all soil absorption system (SAS) repairs, expansions and/or new
construction of on-site sewage disposal systems.
A.
All soil absorption systems located in non-nitrogen-sensitive areas shall be designed and located so that at least five feet of naturally occurring pervious material remains below the bottom of the system. The bottom of the system shall be constructed at least five feet above maximum groundwater elevation/depth to groundwater (Chapter 223, Board of Health Administration, Article III, Definitions, of the Town Regulations[1]) as determined by soil tests conducted by a certified soil evaluator and witnessed by an agent for the Board of Health. Soil absorption systems shall be located in accordance with § 332-18.
B.
All soil absorption systems located within a nitrogen-sensitive area that incorporate innovative/alternative technologies with enhanced nitrogen/phosphorous removal shall be designed and located so that at least five feet of naturally occurring pervious material remains below the bottom of the system. The bottom of the system shall be constructed at least five feet above maximum groundwater elevation/depth to groundwater (Chapter 223, Board of Health Administration, Article III, Definitions, of the Town Regulations[2]) as determined by soil tests conducted by a certified soils evaluator and witnessed by an agent for the Board of Health. Soils absorption systems shall be located in accordance with § 332-18.
C.
All soil absorption systems located within nitrogen-sensitive areas shall be designed and located so that at least six feet of naturally occurring pervious material remains below the bottom of the system. The bottom of the system shall be constructed at least six feet above maximum groundwater elevation/depth to groundwater (Chapter 223, Board of Health Administration, Article III, Definitions, of the Town Regulations[3]) as determined by soil tests conducted by a certified soils evaluator and witnessed by an agent for the Board of Health. Soil absorption systems shall be located in accordance with § 332-18.
D.
Repair/Upgrades of existing failed on-site sewage disposal absorption systems that service an existing structure which is not within a nitrogen-sensitive area, where no addition of habitable space is proposed, shall not require innovative/alternative technologies, and shall be constructed to meet the minimum separation of five feet above maximum groundwater elevation/depth to groundwater (Chapter 223, Board of Health Administration, Article III, Definitions, of the Town Regulations[4]) as determined by soil tests conducted by a certified soil evaluator and witnessed by an agent for the Board of Health. Soil absorption systems shall be located in accordance with § 332-18.
E.
F.
No system shall be permitted within the a V or VE Zone shown on the
FEMA Maps for the Town of Nantucket.[6] Systems approved by the Board or its designated agent
may be constructed within other special flood hazard areas (100-year
flood zones) if designed to minimize the release of contaminants from
the disposal system into the floodwaters. Disposal systems in these
areas shall include the following features:
(1)
Vents shall extend at least one foot above the one-hundred-year flood
elevation.
(2)
Access ports for all components of the system shall be watertight
and shall either have bolted lids or shall extend above the level
of the one-hundred-year flood.
(3)
Where sewage or effluent pumping is necessary, electrical switching
shall be provided to prevent the pumps from operating during periods
of inundation.
(4)
No plumbing fixtures below the one-hundred-year flood elevation shall
be connected to the disposal system except by means of an ejector
pump connected to the gravity waste plumbing of the structure at a
point above the flood level.
A.
B.
Nitrogen loading limitations.
(1)
No system serving new construction in nitrogen-sensitive areas as defined in § 223-13 of the Town Regulations shall be designed to receive or shall receive more than 110 gallons of design flow per day per 10,000 square feet of lot area.
(2)
In all non-nitrogen-sensitive areas serving new construction in areas
where the use of both on-site systems and drinking water supply wells
is proposed to serve the facility, systems may be designed to receive
or may receive more than 110 gallons of design flow per day per 10,000
square feet of lot area from residential uses, provided that any cumulative
flow exceeding 330 gallons of design flow per day demonstrates a minimum
25% TN effluent reduction.
C.
Phosphorous loading limitations.
(1)
No system serving new construction in nitrogen-sensitive areas shall
be designed to received or shall receive more than 440 gallons of
design flow per day per acre.
(2)
All on-site leaching facilities for new construction and repairs/upgrades
shall be located a minimum of 300 feet from the edge of the downgradient
surface water body, unless documented that water recharge beneath
the subject on-site system is not directed to the adjacent surface
water body. All on-site system leaching facilities for repairs/upgrades
shall be located a minimum 300 feet from the edge of the downgradient
freshwater surface water body or demonstrate maximum feasible compliance.[2]
D.
System weight loading criteria. All such systems shall be installed
to withstand H-20 wheel loading.
E.
Nitrogen loading limitations and required inspections within the
Nantucket Harbor Watershed Protection District.[3]
(1)
All conventional septic systems located within Nantucket Harbor Watershed
Protection Districts Zones A and B (Figure 1[4]) shall be inspected every five years from the date of
these amended regulations. Inspection reports shall be filed with
the Nantucket Health Department.
[4]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(2)
All properties within the Nantucket Harbor Watershed Protection District
not currently connected to municipal sanitary sewer lines shall have
installed upon new construction, septic system expansion, repairs,
upgrades and transfers of property, a Department of Environmental
Protection approved nitrogen reducing technology wastewater disposal
system.
F.
Nantucket Harbor Watershed Protection District hydraulic and technical
septic system failure replacement requirements.
(1)
Properties with septic systems exhibiting hydraulic failure by inspection
within Nantucket Harbor Watershed Protection District Zones A and
B (Figure 1[5]) shall have their systems repaired with Department of
Environmental Protection approved nutrient reducing technology components
within six months of the date of inspection.
[5]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(2)
Properties within Nantucket Harbor Watershed Protection District
Zones A and B with septic systems exhibiting, by inspection, groundwater
separation distances less than six feet shall have their system repaired
with Department of Environmental Protection approved nutrient reducing
technology components within 12 months of the date of these amended
regulations.
(3)
All properties located within Nantucket Harbor Watershed Protection District Zones A and B not currently connected to municipal sewer lines and exhibiting technical failure criteria as defined in Chapter 223, Article II, Definitions, § 223-13, of the Town Regulations, and located within documented sewer needs areas as described within the Town of Nantucket Community Waste Water Management Plan (CWMP), may apply for the existing administrative consent order as documented within Chapter 327, Septic Systems, Article II, of the Town Regulations through the Nantucket Board of Health until final wastewater determinations are documented.
A.
A minimum of one access hole and one inspection hole and cover for
septic tanks and leach pits shall be provided and brought to grade
for new construction. Access and covers for any pump chambers shall
be at grade.
B.
Access and inspection hole covers must be a minimum diameter of 18
inches. The cast iron ring and cover must be of medium or heavier
duty weight and must withstand a minimum of H-20 wheel loading.
A.
Any lot referred to in a deed or shown on a plan duly recorded at the Nantucket Registry of Deeds or filed in the Land Registration Office before the effective date of this regulation (August 31, 1990) shall comply with § 332-18A and § 332-19 of this regulation to obtain maximum feasible compliance, meaning that soil absorption systems shall be located as close to the regulation distance requirements as lot size allows.
B.
In the event that a preexisting lot cannot comply with the three-hundred-foot horizontal setback requirement set forth in § 332-19A and/or the six-foot separation requirement set forth in § 332-18A of these regulations, then, in that event, the Board may, in its sole discretion, grant to said lot an exemption from said requirements upon the following conditions:
(1)
The applicant shall submit to the agent of the Board of Health a
design plan stamped by a licensed professional engineer, registered
sanitarian, and licensed professional land surveyor as required, showing
the location of the proposed soil absorption system on said lot, the
location of all wells, soil absorption systems and water bodies within
300 feet of said soil absorption system, or as far from said locus
as deemed necessary to determine that compliance with this section
cannot be met, and the groundwater gradient and direction of flow
for said lot (as determined by use of Horsley Whitten and Heggimin
Report of March 1990 on file with the Board of Health, the United
States Geologic Survey Map HA 615, or more detailed map duly adopted
by the Board at a public hearing).
(2)
For preexisting vacant lots held in contiguous ownership prior to
the effective date of this regulation (August 31, 1990), the applicant
shall also file a stamped plan with such design and location information
showing maximum feasible compliance with the three-hundred-foot downgradient
setback requirements and/or six-foot vertical separation from groundwater
requirement for contiguous lots abutting the subject lot.
(3)
Failed soil absorption systems on an improved lot shall, if necessary,
be relocated on said lot at the time said soil absorption systems
are replaced to the maximum setback distances attainable up to 300
feet and/or maximum vertical separation distance attainable up to
six feet with incorporation of I/A (innovative/alternative) technology.
(4)
Adjustments to preexisting lot lines shall not subject said lot to
compliance with the three-hundred-foot setback requirements on the
condition that such adjustments do not create an additional "buildable"
lot and the distance between the soil absorption system on said lot
and water body is not diminished.
C.
The applicant may design a system using design flows for a smaller
number of bedrooms than are presumed in this definition by granting
to the approving authority a deed restriction limiting the number
of bedrooms to the smaller number.
A.
The Board of Health, in its sole discretion, may issue a variance
from the strict application of these regulations to any particular
case in accordance with its procedures and its regulations set forth
below.
B.
Prior to granting a variance from its regulations, the Board of Health
shall conduct a hearing to consider granting a variance from the strict
application of its regulations. The Board of Health may grant a variance,
with or without conditions, upon its finding that:
(1)
The person requesting the variance has established that enforcement
of the provisions of these regulations from which a variance is sought
would be manifestly unjust, considering all the relevant facts and
circumstances of the individual case; and
(2)
The person requesting a variance has established that a level of
environmental protection that is at least equivalent to that provided
under these regulations can be achieved without strict application
of the provision of these regulations from which a variance is sought.
C.
Pursuant to its regulations and other applicable law, the Board of
Health shall enact rules and regulations pertaining to its hearings
and its review hereunder. Said rules and regulations shall be known
as the "Nantucket Board of Health Special Variance Regulations," and
shall be on file with the Town Clerk of the Town of Nantucket.
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 during which such 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 constitutes a separate offense.
