[Adopted by the Board of Health 5-21-2015[1]; amended 9-19-2024]
[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 (MassDEP), and in coordination with the University of Massachusetts Dartmouth School of Marine Science and Technology (SMAST) under the Massachusetts Estuaries Program (MEP), has documented increased levels of nutrient loading due to on-site wastewater disposal systems with resultant degradation of water quality in embayments, estuaries and associated water resources within the identified Madaket Harbor Watershed, this regulation is promulgated to maintain and/or restrict additional effluent flows which further degrade the watershed that is the subject of the MEP through increased nitrogen loading. In addition, this geographical location is located in an area subject to severe erosion with subject areas within the Velocity Zone. There are no plans to extend municipal sewer in this area due to the technical issues of physically constructing infrastructure over Millie's Bridge and the potential damage to infrastructure located in areas subject to erosion. This watershed area, identified as the Madaket Harbor Watershed, and more specifically the area identified as those streets located over Millie's Bridge and as shown on the attached Figure 1,[1] which becomes a part of this regulation and is identified as the "Madaket Tight Tank District" and as approved by MassDEP as an addendum to the 2014 Comprehensive Wastewater Management Plan. This regulation details the conditions under which a tight tank shall be required in order to eliminate nitrogen loading into this well-documented, nitrogen-sensitive MEP area.
A. 
If a party currently owns and/or operates a conventional or innovative alternative on-site wastewater disposal system located on a property that is within the Madaket Tight Tank District as shown on Figure 1, Madaket Tight Tank District,[1] the owner shall cause the system to be abandoned and replaced with a tight tank system upon hydraulic failure, technical failure, or any condition which the Board has determined requires an upgrade pursuant to 310 CMR 15.00 (Title 5) and as defined in the Board of Health regulations Chapter 303, Madaket Harbor Watershed. The Nantucket Board of Health has determined that the property owner shall be required to utilize a tight tank system in lieu of a conventional Title 5 system and/or innovative alternative (I/A) system in order to eliminate nutrient degradation to the watershed.
B. 
The Board of Health reserves the right to maintain jurisdiction over the maintenance of the tight tank system, as well as the right to request owner permission to pass over land where a tight tank system is installed under these regulations in order to inspect said system.
C. 
The Nantucket Board of Health determines the ability or inability of the on-site wastewater disposal systems to meet this regulation and ultimately determines if the parcel qualifies under this regulation through an inspection paid for by the property owner.
D. 
Use of an I/A system for new construction is only permitted with a variance.
As used in these regulations, the following terms shall have the meanings indicated:
BEDROOM
A. 
Any habitable space in a structure suitable for living and sleeping that exists in a structure as a room separated from adjacent space by a wall extending from the ceiling to the floor with or without doorways and windows that consists of the following:
(1) 
Floor space of no less than 70 square feet;
(2) 
For new construction, and for existing houses and new and existing mobile homes, a ceiling height of no less than seven feet;
(3) 
An electrical service and ventilation; and
(4) 
At least one window.
B. 
Dining rooms, living rooms, kitchens, halls, bathrooms, closets, unfinished cellars, storage and utility space are not considered bedrooms in dwelling units with seven rooms or less. For the purpose of septic system design, single-family dwellings shall be presumed to have at least three bedrooms. Where the total number of rooms for a single-family dwelling exceeds seven, the number of bedrooms presumed shall be calculated by dividing the total number of rooms by two then rounding down to the next lowest whole number.
C. 
An undivided room area greater than 50% of the floor area of any single level, exclusive of dining rooms, kitchens, halls, bathrooms, and closets, and greater than 400 square feet in area will be equivalent to two bedrooms for design flow calculation purposes.
D. 
Finished basements containing at least one full bathroom will be considered as one bedroom for design flow calculations.
BOARD OF HEALTH
The Town of Nantucket department with local jurisdiction of on-site wastewater systems in addition to all other health-related issues.
COMPREHENSIVE WASTEWATER MANAGEMENT PLAN/CWMP UPDATE
The Town's twenty-year wastewater planning document completed according to the Department of Environmental Protection Bureau of Municipal Facilities Guide to Comprehensive Wastewater Management Planning, January 1996. The CWMP update is a revision to the 2004 Report under 2013/2014 current conditions.
HYDRAULIC FAILURE
Backup of sewage into the facility served by the system or any component of the system as a result of an overloaded and/or clogged soil absorption system, discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area or to a surface water of the Town of Nantucket, static liquid level in the distribution box above the level of the outlet invert, or a septic tank or cesspool requiring pumping more than four times a year.
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.
MADAKET TIGHT TANK DISTRICT
The geographic area shown on a map entitled "Figure 1, Madaket Tight Tank District," included as part of this local regulation.[1]
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION (MassDEP)
The agency charged with proposing and enforcing environmental law.
MASSACHUSETTS ESTUARY PROGRAM (MEP)
The Massachusetts DEP and the UMASS/Dartmouth School of Marine Science and Technology (SMAST) collaborating together with Coastal Zone Management, the Cape Cod Commission and several municipalities to classify the nitrogen sensitivity of southeastern Massachusetts's coastal bays and estuaries. SMAST technical experts work with MassDEP to evaluate nitrogen sensitivity through comprehensive water quality testing, quantitative TMDL (total maximum daily load) modeling, and preparation of technical reports allowing communities to consider how implementation of nitrogen management scenarios within watersheds will influence water quality in embayments. The MEP has identified three geographical regions as nitrogensensitive due to on-site wastewater disposal systems on Nantucket: 1) Madaket Harbor Watershed; 2) Nantucket Harbor Watershed; and 3) Hummock Pond Watershed.
MUNICIPAL SEWER
The physical infrastructure that collects, treats and discharges wastewater through a public system.
NANTUCKET
Encompasses the land and water of the Town and County of Nantucket, including Tuckernut and Muskegat.
NEEDS AREA
Geographic delineation of land/property area that has been determined to be unsustainable in the long term with on-site wastewater disposal systems in the Town of Nantucket's Comprehensive Wastewater Management Plan.
NEW CONSTRUCTION
The construction of a new building and/or addition of enclosed square footage to an existing building for which an occupancy permit is required or an increase in the actual or design flow to any nonconforming system or to any other system above the existing approved capacity. New construction shall not include replacement or repair of an existing building totally or partially destroyed or demolished if there is no increase in flow above the existing approved capacity to any system.
NITROGEN-SENSITIVE
A physical environment deemed sensitive to the discharge of pollutants, mainly nitrogen, from on-site wastewater disposal system discharge. Water resource areas whose physical characteristics and water quality testing detail intolerance to nitrogen loading and are documented in the MEP reports as showing a decline in habitat. The outcome is a determination of where nutrient reductions are needed to preserve or restore long-term water quality, which are mandated through a TMDL.
TECHNICAL FAILURE/NANTUCKET LOCAL REGULATIONS
An on-site wastewater system failure due to diminished distance to groundwater; less than six feet in designated watershed protection zones; less than five feet in non-watershed protection zones/within 100 feet to private drinking water well, missing or undersized system components and leach field within 100 feet of private drinking water well.
TIGHT TANK
A watertight vessel having an inlet to receive raw sewage but no outlet and which is designed and used to collect and store sewage until it is removed for disposal.
TITLE 5 OF THE STATE ENVIRONMENTAL CODE, 310 CMR 15.000
The Department’s regulation for the siting, construction, inspection, upgrade and expansion of on-site sewage treatment and disposal systems and for the transport and disposal of septage.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The sum of a receiving water's individual waste load allocations and load allocations and natural background, which, together with a margin of safety that takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality, represents the maximum amount of a pollutant that a water body can receive and still meet water quality standards in all seasons.
TOWN
The bodies politic created by statute (of the Commonwealth of Massachusetts General Court) to govern said lands and waters.
VERTICAL SEPARATION
The distance between the bottom of the leaching facility or soil absorption system and groundwater.
The Board of Health, in its sole discretion, may issue a variance from the strict application of these regulations in accordance with the criteria set forth in Chapter 223, Board of Health Administration, Article I and § 223-9.
No part of these regulations may be modified and/or rescinded without a majority vote of the Board of Health.
Once an inspection is finalized and it has been determined that a system in failure meets the requirements of this regulation, and 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 fine 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 M.G.L. 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. The Health Director or authorized agent of the Board of Health is hereby empowered to enforce this Chapter 303, Article IV.
These regulations are adopted by the Town of Nantucket’s Board of Health as authorized by MGL c. 111, § 31.