[HISTORY: Adopted by the Board of Health of the Town of Littleton 8-29-1989. Amendments noted where applicable.]
These regulations are intended to promote the public health
and general welfare by ensuring that private wells are constructed
in a manner which will protect the quality of the groundwater derived
from private wells. These regulations are adopted by the authority
of MGL c. 1121, § 31.
As used in these regulations, the following terms shall be defined
and interpreted as follows:
A private well that has not been used for a water supply
for a period of one year or more and which the owner does not intend
to use again.
The Nashoba Associated Boards of Health (hereinafter referred
to as "Nashoba") serving as the agent for the Board of Health, as
provided by MGL c. 111, § 27A.
A water bearing geologic formation that contains water in
sufficient quantities to potentially supply a well for drinking water
or other purposes.
An individual, corporation, company, association, trust or
partnership.
Water that is satisfactory for drinking and for culinary
and domestic purposes.
A water supply well which will not serve either a number
of service connections or a number of individuals sufficient to quality
as a public water system as defined in 310 CMR 22.02.
Any equipment or material used or intended for use in withdrawing
or obtaining groundwater, including, without limitation, seals and
tanks together with fittings and controls.
The Town Board of Health through its agent, the Bashoba Associated
Boards of Health.
An excavation or opening into the ground made by digging,
boring, drilling, driving or other methods for the purposes of providing
a potable drinking water supply.
Any person who is licensed by the Water Resources Commission
(as defined by Chapter 620 of the Acts of 1956, as amended) to construct
wells.
An approved arrangement or device used to cap a well or to
establish and maintain a junction between the casing or curbing of
a well and the piping or equipment installed therein, the purpose
or function of which is to prevent pollutants from entering the well
at the upper terminal.
A.
No private well shall be deemed a source of potable water unless
it is constructed in accordance with these regulations. No well shall
be constructed or destroyed except in accordance with these regulations.
B.
For each private well constructed after the effective dates of these
regulations, there shall be:
D.
The Board of Health or its agent shall investigate violations of
these regulations or of any permit issued and may take such actions
as it may deem necessary for the protection of the public health and
to restrain violations of these regulations.
E.
Whosoever violates these regulations shall be punished by a fine
of not more than $500 to and for the use of the Town in which the
well is located.
A.
No person shall engage in the business of construction or destroying
private wells within the Town under these regulations unless registered
as a well driller/digger with the Water Resources Commission, pursuant
to 313 CMR 3.00.
B.
An application for a well construction or destruction shall be submitted
by the property owner, the well driller/digger or his agent to Nashoba
on a form furnished by Nashoba.
C.
A well construction or destruction permit shall be obtained from
Nashoba prior to the construction or destruction of any private well.
Nashoba shall charge a fee for each well construction or destruction
permit and said fee shall be paid to the Nashoba Associated Boards
of Health prior to the permit's issuance.
A.
The following information shall be submitted by the property owner
or the well driller/digger or their agent with the well construction
application, prior to the issuance of a permit.
(1)
General location of the proposed well to include the location of
at least one road intersection for reference.
(2)
A sketch of the expected construction of the well to include an approximation
of the expected well depth.
(3)
A description of any possible source(s) of contamination within 400
feet of the proposed well location.
(4)
The well driller's/digger's name and certification number
as it appears on the Water Resources Commission certificate.
(5)
A description of the prior/current land use in the vicinity of the
proposed well location (i.e., agricultural, industrial, etc.).
A.
In establishing the location of a well, the well owner and/or the
driller/digger shall identify any and all sources of potential contamination
(agricultural fields, animal feed lots, beauty salon, dry cleaner,
funeral home, furniture stripper/refinisher, gasoline/service stations,
fuel depot, automotive junk yard, railroad line or yard, etc.) which
exist within 400 feet of the proposed well site.
B.
The following minimum lateral distances from contamination shall
apply with the granting of a variance under special conditions:
|
Source of Contamination
|
Minimum Distance
(feet)
|
|---|---|
|
Leaching facility (310 CMR 15.00)
|
100
|
|
Leaching facility (in soils 2 mpi or less)
|
150
|
|
Cesspool
|
100
|
|
Septic tank
|
50
|
|
Sewer line
|
50
|
|
Property line
|
50
|
|
Public or private way, common drive, easement
|
50
|
|
Active or closed landfill
|
400
|
|
Hazardous waste spill site
|
400
|
|
Any type of surface water
|
100
|
C.
Where, in the opinion of the Town Board of Health or Nashoba, adverse
conditions exist, the above minimum distances may be increased or
special means of protection may be required. These special requirements
shall be added to the well construction permit by Nashoba.
D.
The well shall be upgradient of sources of contamination whenever
possible. The top of the well shall be higher than any surface of
contamination and above any conditions of flooding by drainage or
runoff from the surrounding land unless otherwise adequately protected.
A.
Wells shall be constructed in compliance with the recommendation
of the latest edition of the Manual of Individual Water Supply, U.S.
Environmental Protection Agency (USEPA), Water Supply Division. (Exception:
Springs shall not be used for the purpose of a potable water supply.)
B.
The annular space between the protective well casing and the wall
of the drilled hole or the surface casing shall be effectively sealed.
The seal is to protect against contamination by surface and/or shallow
subsurface waters.
C.
The well casing shall be capped or covered with a sanitary well seal.
Casing shall extend a minimum of 24 inches above the highest known
flood levels or 18 inches above the ground surface in area which are
not subject to flooding. In addition all non-vent openings shall be
sealed to exclude the intrusion of contaminants. Vent openings shall
be of an approved type, complete with screening.
D.
Any well that is finished in bedrock or penetrates any confining
layers (impervious formations) and therefore a potentially different
aquifer(s) shall require the sealing off of each aquifer from the
other(s). A minimum of 10 feet of an appropriate sealing material
shall be used to seal one aquifer or formation from another.
E.
When well screens are used, the screen length and opening size should
be selected to ensure that the water supply will be free from silts
and sands and other suspended solids.
F.
Well pumps and water storage equipment shall be selected to ensure
that the water supply is to be adequate (a minimum of five gallons
per minute is recommended) over a sustained period of pumping. NOTE:
The proper selection of the pump is important to protect against unnecessary
wear on the equipment and to maintain a safe and adequate supply of
water.
G.
Pump suction lines (if used) shall not be closer than 100 feet to
underground sewage leaching facilities or 50 feet to a septic system
(310 CMR 15.03).
H.
Well pits to house the pumping equipment or to permit accessibility
to the top of a well shall not be permitted.
All private wells shall be disinfected following construction,
rehabilitation and well or pump repair before the well is placed into
service. The well shall be pumped to waste (not to the septic system)
until the water is as clear as possible. Thereafter the well and the
pumping equipment (and plumbing, if installed) shall be disinfected
with a solution containing as least 50 parts per million (ppm) of
chlorine. The well shall remain in contact with the chlorine solution
for a minimum of 24 hours before the well is pumped to waste and the
water found to be free of chlorine. Information and instruction for
the disinfection procedure are available from Nashoba.
A.
Water sample(s) shall be collected by Nashoba. All water sample(s)
shall be collected in an appropriate manner as to maintain the integrity
of the sample(s) collected. Collection of the sample(s) shall occur
following the well development and the disinfection process for that
well. The water sample may be taken to a laboratory of Neshoba's
choice unless the owner selects as specific laboratory, at which time
the sample container may be sealed with a custody tag and be delivered
to the owner selected testing laboratory by him/herself. The laboratory
shall be required to notify Nashoba should the sample be received
with a broken custody seal.
B.
A representative water sample for laboratory analysis shall be collected
at the pump discharge or from a tap in the pump discharge line. A
representative sample shall constitute a sample collected after the
removal of at least three standing volumes of water from the well
or a minimum of 10 to 15 minutes of pumping from the well.
C.
The sample(s) shall be analyzed for the following parameters at a
minimum: coliform, bacteria, arsenic, lead, sodium, iron, manganese,
copper, magnesium, color, sulfate, turbidity, alkalinity, chlorine,
choride, hardness, ammonia, nitrate, nitrate pH conductivity, odor
and potassium. All analyses shall be performed in accordance with
USEPA methods or other approved methods for drinking water analysis.
D.
Analytical tests such as volatile organics (VOCs), pesticides, PCBs and inorganics (metals) other than those specified in Subsection C can be added or deleted as public knowledge increases or at the request of the Town Board of Health or Nashoba when conditions may indicate the need, i.e., prior land use, for such testing. Samples which are to be analyzed for VOCs shall not contain air bubbles of any size.
A.
All analytical results shall be reviewed by Nashoba and an assessment
of the suitability of that well for drinking water will be made. Nashoba
will adhere to the current and applicable drinking water standards
as detailed by the USEPA and the Commonwealth of Massachusetts Department
of Environmental Quality Engineering. Approval of the results by Nashoba
must be obtained in writing before the well shall be placed into service
as a drinking water supply.
B.
The water sample(s) shall be analyzed by a laboratory certified to
perform drinking water analysis by the DEQE for each parameter analyzed.
A copy of the results shall be sent to both the Town Board of Health
and Nashoba. All fees for the water testing are the responsibility
of the applicant and all fees shall be paid in full prior to the approval
of the well permit.
C.
As stated in § 226-9 Nashoba or the Town Board of Health may require that additional chemical analysis be performed on the well water. Any such additional requirement shall specify which chemical constituents or chemical fractions (pesticide/PCB, extractable, etc.) shall be tested for.
D.
No result shall exceed the current and applicable drinking water
standards for a public water supply, as detained by the USEPA and/or
DEQE (40 CFR 141 and 31 CMR 22). Nashoba may also use professional
judgment when addressing the results of the water well prior to approval
of that well. When the results indicate a potential health hazard
(i.e., possible gasoline contamination) Nashoba may, at its discretion,
disapprove the well for use as a water supply.
A.
Within 30 days after the completion of the construction of any well,
the well driller/digger shall submit to Nashoba a report containing
the following information:
(1)
The name of the owner of the well.
(2)
The address of the property served and/or the lot number as assigned
by the Assessor's office.
(3)
The depth, size and method of construction of the well.
(4)
The location of the well which shall show the distance from two permanent
landmarks.
(5)
The static water level.
(6)
The yield of the well after eight hours of pumping.
(7)
The recovery after drawdown and yield tests (for at least a twenty-four-hour
period).
(8)
The well driller/digger log information.
B.
The well driller/digger report shall be signed by an authorized representative
and shall constitute a statement of compliance with all requirement
of these regulations. This will satisfy the requirement of the certificated
of compliance.
A.
A well that is abandoned shall be destroyed to protect the groundwater supply and to eliminate potential physical hazards. Wells shall be sealed with nonhazardous, impervious materials, which shall e permanently in place. All exposed casing materials, pumping equipment and distribution liens shall be removed. The excavation shall be returned to the existing grade of the surrounding land. A record of abandonment shall be kept in accordance with § 226-3.
B.
The following information shall be submitted with each well destruction
application, prior to the issuance of a permit:
C.
Within 30 days after the destruction of any well, the well driller/digger
or contractor shall submit to Nashoba report containing the following:
D.
The well driller/diggers report shall be signed by an authorized
representative and shall constitute a statement of compliance with
all requirements of these regulations. This will satisfy the requirement
of the certificate of compliance.
A.
Variance may be granted only as follows: The Town Board of Health
may vary the application of these regulations with respect to any
particular case when in its opinion the enforcement thereof would
do manifest injustice and the applicant has proven that the same degree
of public health and environmental protection required under these
regulations can be achieved without strict application of a particular
provision(s).
B.
Variance requires shall be in writing to the Town Board of Health
and shall include all the information/reasons and proposed measures
necessary to assure the protection of the public health and environment.
The Town Board of Health shall grant, modify or deny a variance in
writing and shall state the reasons for any denial.
Substantive procedures shall be performed as specified in 105
CMR 400.1.
