[1]
Editor's Note: These regulations also replaced former Art.
III, Subsurface Sewage Disposal, adopted 2-23-1988, effective 3-1-1988.
A)Â
The Subsurface Sewage Disposal Regulations of the Town of Orleans
Board of Health are to replace all previous Town of Orleans rules
and regulations for subsurface sewage disposal.
B)Â
These regulations are adopted in accordance with the provisions of
MGL, C. 111, S 31, as amended, and are being adopted to supplement,
and augment the provisions of Title 5 of the State Environmental Code.
The purpose of these regulations is to allow the Orleans Board
of Health to protect the public health, safety and environment of
the Town of Orleans by requiring proper siting, construction, upgrade
and maintenance of on-site sewage disposal systems and appropriate
means for the transportation, storage and disposal of septage.
As used in this article, the following terms shall have the
meanings indicated:
(Cover Material) The soils placed on top of a soil absorption
system to bring the area to finished grade. Backfill shall be free
from large stones, clay, frozen chunks of earth, masonry, tree stumps
and waste construction material.
A room or area partially or completely below grade with a
minimum clear ceiling height of six feet eight inches except under
beams, girders, ducts or other obstructions where the clear height
shall be a minimum of six feet four inches.
Any portion of a dwelling which meets the Minimum Standards
of Fitness for Human Habitation (Chapter II) and is designed to furnish
the minimum isolation necessary for use as a sleeping area, and includes,
but is not limited to, bedroom, den, study, sewing room, sleeping
loft or enclosed porch, but does not include kitchen, bathroom, dining
room, halls, living room, sun porch (as defined in these regulations)
or unfinished basement. For the purposes of this regulation a room
with a 6' (minimum) cased opening that opens directly into another
habitable room or a hallway that leads to a habitable room is not
considered isolated. Cased openings must not be fitted with a door.
Rooms that do not meet the strict definition of a bedroom must be
reviewed by the Board of Health on a case by case basis.
A pit with open-jointed linings or holes in the bottom and/or
sidewalls into which raw sewage is discharged, the liquid portion
of the sewage being disposed of by seeping or leaching into the surrounding
soils, and the solids or sludge being retained in the pit. Cesspools
are nonconforming failed systems.
An area partially or completely below grade with a maximum
clear ceiling height of less than six feet eight inches except for
under beams, girders, ducts or other obstructions where the clear
height shall be less than six feet four inches.
I/A components that have general Use Approval, Provisional
Use Approval or Pilot Approval, in good standing from the DEP for
Nitrogen Credit. The term "in good standing" means that the product
currently has DEP approval for Nitrogen Credit.
A drainage system is a system used primarily for the collection
and conveyance of storm water runoff, including but not limited to,
all receiving basins, retention ponds and their associated piping.
Any septic system shall be considered to have failed when
any of the following are met:
Any component does not function as intended.
The system causes effluent to be discharged to the surface of
the ground, stream or other watercourse.
Any component is pumped to remove septage more than twice in
any twelve month period, except grease traps which may be pumped in
accordance with Title 5, 310, 15.351 (2) and systems serving laundromats,
restaurants, food service or other establishments determined to be
a high water user by the Board of Health and which is pumped frequently.
Septic systems serving high water uses shall be reviewed on a case-by-case
basis with respect to failure criteria.
Any of its components consist of a privy, cesspool or a converted
cesspool which have been identified during an inspection for the sale
of property, a change in use or for a building permit resulting in
an increase in flow, increase in square footage or a change of footprint.
The soil absorption system lacks a two foot protective zone
between the bottom of the system and the maximum groundwater elevation.
A system has any other problem as defined by the Board of Health
or its agent which fails to protect the public health and safety and
the environment.
The footprint of a structure includes buildings, porches
and bulkheads but excludes decks or permanent structures which do
not have roofs. For the purposes of a residential dwelling, an increase
in square footage shall be considered an increase in habitable space.
One which is installed, upgraded or altered to serve a newly
constructed building, a building being renovated, remodeled or added
on to, or one which is constructed, modified or altered to handle
an increase in sewage flow as required by changes is the building's
use.
A structure used for the disposal of human wastes without
water transport consisting of a shelter built over an unlined pit
or vault in the ground into which waste is deposited. A privy is a
nonconforming system.
The replacement of a component(s) to provide a working system
of the same sewage flow.
A seat at a food service establishment which is not located
in a designated and/or isolated dining area, at which you cannot consume
alcohol, use reusable tableware, provide waitpersons/table service,
or serve food on open plates. All food to be consumed at an informal
seat must be pre-packaged in a bag or other to-go containers.
Service and/or consumption of food at a seat placed at tables,
booths, or counters on the premises in which single service table
ware, glass ware or utensils are used.
Service and or consumption of food at a seat placed at tables,
booths, or counters on the premises in which reusable table ware,
glass ware or utensils are used.
A seat in an establishment whose primary business is the
sale of beer and other drinks to be consumed on the premises and in
which the sale of food is incidental to the primary business. Taverns
that engage in the sale of full meals shall be deemed to be full service
restaurants.
The division of a tract of land into two or more lots and
shall include re-subdivisions and, when appropriate to the context,
shall relate to the process of subdivision or to the land or territory
subdivided; provided, however, that a plan which meets the requirements
of an Approval Not Required Plan, as defined by the Orleans Planning
Board Subdivision Regulations, shall not constitute a subdivision.
A room designed to have a minimum of 40% glazed area (window
area) of the total combined exterior wall and ceiling area of the
room. In calculating the total glazed area only the translucent or
transparent window area should be considered (rough opening or unit
dimension shall not be considered). Rooms that do not meet the strict
definition of a sunroom must be reviewed by the Board of Health on
a case by case basis.
Any natural or man-made stream, pond, lake, wetland, coastal
wetland, swamp or other body of water and shall include wet meadows,
marshes, swamps, bogs and areas where groundwater, flowing or standing
surface water or ice, provides a significant part of the supporting
substrate for a plant community for at least five months of the year.
Swamp shall mean areas where groundwater is at or near the
surface of the ground for a significant part of the growing season
or where runoff water from surface drainage frequently collects above
the soil surface.
Coastal wetland shall mean any bank, marsh, swamp, flat or
other lowland subject to tidal action.
(A).Â
Disposal System Construction.
1)Â
Permit Application:
a)Â
Every application for a Disposal System Construction Permit
shall be accompanied by:
[1]Â
A completed permit application.
[2]Â
A permit fee as established by the Board of Health.
[3]Â
A minimum of four copies of plans and specifications
as required by Title 5 Section 15.220. Such plans must bear the stamp
and signature of a Massachusetts Registered Professional Engineer
or a Massachusetts Registered Sanitarian.
[4]Â
A floor plan of the facility to be served by the
proposed sewage disposal system. Such floor plans shall label the
rooms or uses of each area inside the facility.
b)Â
Expiration: Disposal System Construction Permits
shall be valid for three years from the date of issuance. If construction
is not completed within the three year period of date of issuance,
the permit shall expire. For the purpose of this regulation a completed
septic system is defined as one that has all components installed
per the approved plan and is connected to the foundation wall of the
structure that it is to serve.
c)Â
Statement of Condition: RESERVED
2)Â
Building/Plumbing Permits/Subdivisions/Divisions:
a)Â
New Construction. No building permit shall be issued
by the Town of Orleans for the construction of any structure or building
used for human occupancy unless a permit to construct a private, on-site
sewage disposal system has been issued by the Orleans Board of Health
or The Department of Environmental Protection.
b)Â
Construction of Addition or Alteration. No building
permit shall be issued by the Town of Orleans for the addition to
or alteration of any building which will increase the sewage flow
without an inspection of the septic system in accordance with Title
5 and Board of Health approval of the adequacy of the sewage disposal
system.
c)Â
Subdivisions and Divisions. The creation of a subdivision
of five (5) or more lots or the division of a tract of land into five
(5) or more lots shall be served by a shared or common septic system
that provides nitrogen removing technology. The system may be located
anywhere within the subdivision or division including the open space,
if any, subject to all applicable rules, regulations and laws. The
nitrogen removing technology shall remove nitrogen to a minimum of
10ppm discharge or 5ppm at the lot line.
3)Â
Monitoring of Innovative/Alternative On-Site Sewage Treatment
Facilities. Owners and operators of all Innovative/Alternative
sewage treatment technologies are required to report the results of
all operation, maintenance, and monitoring activities to the Barnstable
County Department of Health and Environment. Such reporting must be
performed in the manner specified by Barnstable County Department
of Health and Environment and must occur within 30 days after each
maintenance or monitoring event. Further, when a system operator performs
a system inspection and finds that a sewage treatment technology has
malfunctioning components which have compromised the system's ability
to treat sewage as designed, the operator shall report on the system's
status and any planned corrective actions to the Board of Health and
Barnstable County Department of Health and Environment within 48 hours
of inspection.
4)Â
Certificate of Compliance:
a)Â
Residential. Prior to the issuance of a Certificate
of Compliance, the Disposal System Installer shall submit an as-built
card and shall certify in writing that the system has been constructed
in compliance with 310 CMR 15.000 and the Orleans Board of Health
Regulations for Subsurface Sewage Disposal, and the approved plans.
In addition the designer of the system shall inspect the system including
its location, elevation and soil conditions and certify in writing
that the septic system has been constructed in compliance with 310
CMR 15.000 and the Orleans Board of Health Regulations for Subsurface
Sewage Disposal, and the approved plans. Any changes to the design
plans must be approved by the Board of Health or its agents and be
submitted to the Board of Health on an as-built plan prepared by the
system designer.
b)Â
Commercial. Prior to the issuance of a Certificate
of Compliance, the Disposal System Installer shall submit an as-built
plan and shall certify in writing the system has been constructed
in compliance with 310 CMR 15.000 and the Orleans Board of Health
Regulations for Subsurface Sewage Disposal, and the approved plans.
In addition, the designer of the system shall inspect the system and
submit an as-built plan depicting the system components location,
elevation and certify in writing that the septic system has been constructed
in compliance with 310 CMR 15.000 and the Orleans Board of Health
Regulations for Subsurface Sewage Disposal, and the approved plans
including a statement regarding the soil conditions in the area of
the soil absorption system. Any changes to the design plans must be
approved by the Board of Health or its agents and be submitted to
the Board of Health on an as-built plan prepared by the system designer.
c)Â
Condition. The certificate of compliance shall
be expressly subject to the statement of conditions set forth in Section
IV(A)(c) above.
5)Â
Inspection of Installation:
The Board of Health requires all new and repair construction
of a subsurface sewage disposal system (SSDS) to be inspected by an
agent of the Board of Health before backfilling. A request for an
inspection must be made within twenty-four hours of the completion
of the installation. All subsurface sewage disposal systems shall
be backfilled within seven days after installation has been approved
by the Health Agent.
(B).Â
Materials.
1)Â
Sewer piping extending through a building foundation to a septic
tank and from a septic tank through a D-box to the leaching facility,
shall be constructed of cast iron or Schedule 40 PVC piping, or their
equivalent as per 248 CMR, Board of State Examiners of Plumbers and
Gas Fitters.
2)Â
All material for repairs to a SSDS, involving the replacement
of components or piping, must be repaired in a manner that all new
components or piping installed must be connected directly to cast
iron or PVC piping, or their equivalent. Connection to any other type
of pipe shall not be allowed without the written approval of the Board
of Health.
(C).Â
Location.
1)Â
Except where required for compliance with Section
IV, A, 2, c Subdivisions, all components of a subsurface
sewage disposal system shall be located on the same lot as the facility/structure
they serve.
2)Â
Proximity to Wetlands.
On land adjoining lakes, ponds, streams, drainage ditches, tidal
waters and flats, sewage disposal systems and any component thereof,
shall comply with the Commonwealth of Massachusetts, DEP, Title 5.
Leaching facilities shall terminate not less than 100 feet from the
edge of the wetlands (as determined by the Conservation Commission)
and any wetland within 150 feet of the SSDS must be shown on the septic
system plan.
(D).Â
Setbacks.
In addition to the requirements set forth in Title 5 no sewage
disposal facility shall be closer than the distances stated to the
components listed in the following table.
|
Septic Tank
(feet)
|
Soil Absorption System
(feet)
| |
|---|---|---|
|
From well (potable supply)
|
50
|
100
|
|
From well (non-potable supply)
|
10
|
25
|
|
From wetland
|
50
|
100
|
|
From a drainage system discharging into a watercourse
|
50
|
50
|
|
From a cellar wall
|
10
|
20
|
|
From a crawl space
|
10
|
20
|
|
From a slab foundation
|
10
|
10
|
(E).Â
Alteration of wetlands.
If a wetland in the Town of Orleans has been filled, relocated
or altered, it shall continue to be defined as a wetland in the design
of a SSDS.
(F).Â
Reserve Areas.
1)Â
Reserve Area Required for Repairs and Upgrades. Reserve areas shall be provided, if feasible, for repairs and upgrades
of existing systems where no increase in design flow or square footage
of the facility is proposed. However, if site conditions preclude
the ability to set aside a dedicated reserve area, no variance will
be required.
2)Â
Leaching Field. There shall be a minimum of four
feet between the sidewalls of the designed primary leaching field
and the designed reserve area for a future leaching field.
3)Â
Trenches, Pits, Galley and Chambers. A reserve
area sufficient to replace the capacity of the original soil absorption
system must be provided. This reserve area, for all systems other
than a leaching field, shall be designed so that the distance between
the sidewalls of a reserve area and the leaching area shall be at
least equal to one-half of the effective width or the effective depth
of the leaching facility, whichever is greater.
(G).Â
Expansion or Change In Use of a Facility.
1)Â
A system shall be inspected per the provisions of Title 5 and
these regulations upon any change in use or expansion in use of the
facility served.
2)Â
A system shall be evaluated by a qualified Professional Engineer
or Registered Sanitarian who shall determine if the system complies
with Title 5 and the Orleans Board of Health Regulations and is adequate
for the proposed use.
3)Â
When reviewing a proposal for a change of use or expansion of
use of a facility that would increase the daily sewage flow, the septic
tank shall be sized to have a minimum effective capacity of 200% of
the design flow or a minimum hydraulic detention flow of 48 hours.
4)Â
If review of the system indicates one or more of the components
are not adequate for the use to be placed upon it, all of the components
of the system must be upgraded to meet the provisions of Title 5 and
the Orleans Subsurface Sewage Disposal Regulations.
(H).Â
Requirements for Monitoring of Alternative Septic Technologies.
In considering the permitting and use of various alternative
septic treatment technologies the Board of Health recognizes that
there may be specific local circumstances which warrant the Board
to require more stringent conditions for the installation and monitoring
of these alternative systems than may be required by the Massachusetts
Department of Environmental Protection. As allowed under Massachusetts
General Laws Chapter 111, section 31 and as required by the revised
310 CMR 15.000 sections 15.285(2d), 15.286(5), and 15.288(4), the
Board of Health hereby reserves the right to impose any additional
conditions or monitoring requirements it views as necessary to ensure
the safe performance of any alternative onsite septic system which
the board agrees to permit in the Town of Orleans.
(I).Â
Septic System Additives.
The use of enzymes, acids, alkalies, degreasers or other additives
in any cesspool is prohibited unless specific permission is granted
by the Board of Health.
A)Â
Equipment. All equipment for the transportation and
disposal of privy, cesspool, leaching facility and septic tank contents
must be inspected and approved by the Board of Health once a year
prior to the issuance of a license.
B)Â
Permits. No person shall engage in the pumping or transportation
of the contents of privies, cesspools, septic tanks or other offensive
substances without first obtaining a permit from the Board of Health
in accordance with MGL C. 111, Section 31A and 310 CMR 15.502(1).
In issuing this permit, the Board of Health will review and approve
the method of pumping to be used as well as the equipment to be used.
The Board of Health will accept the pumping of privy, cesspool, leaching
facilities and septic tank contents as the only method of cleaning
and maintaining a subsurface sewage disposal system (SSDS). Any other
method of cleaning, alteration, repair or new construction of a SSDS
will require a Disposal Works Construction Permit from the Board of
Health.
C)Â
Transfer Facilities. No person shall transfer septage
from one vehicle to another or develop a septage transfer facility
without the approval of the Board of Health. In reviewing a proposal
for such a facility the Board of Health shall consider, at a minimum:
1)Â
The impact on the environment including ground water protection,
odors, noise, traffic, methods for transfer and containment structure
(150% capacity of the volume of septage stored on site).
2)Â
A contingency plan including a notification protocol for any
release of septage, freezing temperatures and mechanical failure.
3)Â
Impacts on surrounding areas including traffic patterns and
hours of operation.
A)Â
Standard of Review
1)Â
Variances to the provisions of 310 CMR 15.000 and the Orleans
Board of Health Regulations for Subsurface Sewage Disposal shall be
granted only when in the opinion of the Orleans Board of Health:
a)Â
The person requesting a variance has established that a level
of environmental protection which is at least equivalent to that provided
under 310 CMR 15.000 and these regulations can be achieved without
strict application of the provisions from which the variance is being
sought.
b)Â
The person requesting the variance has established that the
enforcement there of would do manifest injustice; provided that the
decision of the Board of Health shall not conflict with the intent
of these regulations.
B)Â
Process for Seeking a Variance/Local Upgrade Approval.
1)Â
The Board of Health shall review requests for variances and
local upgrade approvals as follows:
a)Â
Every request for a variance shall be in writing and shall make
reference to the specific provision of 310 CMR 15.000 or the Orleans
Board of Health Regulations for Subsurface Sewage Disposal for which
a Variance/Local Upgrade Approval is sought and a statement showing
compliance with the provisions of Section VI of these Regulations.
b)Â
No application for a variance or Local Upgrade Approval shall
be complete until the applicant has notified all direct abutters and
abutters across the street by certified mail at his/her own expense
at least 10 days before the Board of Health meeting at which the variance
request will be on the agenda. The notification shall reference the
specific provisions of 310 CMR 15.000 and/or the Orleans Board of
Health Regulations for Subsurface Sewage Disposal from which a variance
is sought, a statement of compliance with the standards set forth
in Section VI of these Regulations and the date, time and place where
the application will be discussed.
c)Â
It shall be the responsibility of the applicant to notify the
property owner (if different than the applicant) of the request for
a Variance/Local Upgrade Approval.
C)Â
Expiration of Variance.
1)Â
A variance approved by the Board of Health pursuant to the provisions
of the State Environmental Code, Title 5 and the amendments thereto,
shall be valid for one year from the date of approval. If work allowed
by the variance approval is not commenced within the one-year period,
the variance shall expire.
2)Â
The applicant may request a one time, one year, extension to an original variance, granted by the Board of Health, if he/she files a written request with the Board of Health a minimum of 30 days prior to the expiration of the original variance. The notification requirements contained in Section 185-17.5 B. 2. do not apply for a request of an extension.
A)Â
Registration of Inspectors
All System Inspectors conducting inspections in Orleans shall
be a Department of Environmental Protection Approved System Inspector
and be registered with the Orleans Board of Health.
B)Â
Inspections
1)Â
Any person owning or operating a facility, served by a subsurface
sewage disposal system, in the Town of Orleans shall have that facility
inspected as required by Title 5 Section 15.301.
2)Â
In addition to the requirements set forth in Title 5 Section
15.302 Criteria for Inspection an inspection shall, at a minimum,
include the following:
C)Â
Inspection of All Components
1)Â
All of the components of a subsurface sewage disposal system
must be located, exposed and inspected. At a minimum this includes
the septic tank, distribution box and the soil absorption system.
In the case of a leaching trench or leaching field where there are
no pre-cast components to inspect, an evaluation of signs of hydraulic
failure by inspecting the distribution box and the land in the vicinity
of the leaching area will serve as an inspection of the soil absorption
system.
a)Â
If a component cannot be located, exposed, or inspected without
undertaking unreasonable efforts, the system inspector must submit
to the Board of Health a waiver request seeking relief from this provision.
The waiver request will be reviewed by the Board of Health which shall
determine if additional efforts are necessary to complete the inspection.
2)Â
Whenever an addition to an existing structure which changes
the footprint, as defined in these regulations, with no increase in
design flow is proposed, the system inspection shall be an assessment
to determine the locations of all system components, including a reserve
area in compliance with current regulations.
D)Â
Establishing Ground Water Levels
1)Â
On a form provided by the Board of Health the Inspector shall
document on the inspection form the distance between the bottom of
the soil absorption system and the (maximum) ground water.
2)Â
The following list describes a variety of methods which may
be employed to determine high groundwater elevation.
a)Â
If a sewage disposal plan is on record for the site, it should
include groundwater elevations from the original deep observation
hole.
b)Â
Use of a hand auger if groundwater is suspected to be near the
surface. Various standard measuring techniques can be used to determine
groundwater depth. Use appropriate adjustments to estimate high groundwater
elevation.
c)Â
Use of small diameter well points can be driven to monitor groundwater
elevation. Use appropriate adjustments to determine high groundwater
elevation. This method may not be suitable for all soil conditions.
d)Â
Drive an observation well with a powered auger, observe the
groundwater elevation and make appropriate adjustments to determine
high groundwater elevation. The minimum depth of the well should be
six feet below the bottom of the leaching facility or to the depth
at which groundwater is encountered.
e)Â
Dig a deep observation hole (generally the last resort) and
use appropriate adjustments to determine maximum high groundwater
elevation. The minimum depth of the hole should be six feet below
the bottom of the leaching facility or to the depth at which groundwater
is encountered.
E)Â
If the inspection reveals that the covers to the septic tank, distribution
box or soil absorption system are more than twelve (12) inches below
the finished grade the system should be marked with a conditional
approval. The covers shall be brought up to within six (6) inches
of the finished grade by a Licensed Disposal Works Installer.
F)Â
If the inspection reveals that the sewage disposal system consists
of one or more cesspools, then the system shall be deemed failed and
must be upgraded to comply with 310 CMR 15.000, the State Environmental
Code, Title 5, Minimum Requirements for the Subsurface Disposal of
Sewage and these Regulations.
G)Â
The allowable time for the repair, replacement or further inspection
will be determined by the Board of Health or its agent, and will be
contained in the order to the owner.
A)Â
Whenever possible, these regulations shall be deemed to be supplementary
to (not contradictory with) state and federal statutes and regulations.
B)Â
In the event any of these regulations shall be held invalid, any
such regulation or regulations shall be deemed to be severed from
the others and struck from these rules, but the remaining regulations
shall continue in full force.
