[Amended 12-17-2012; 9-9-2015; 3-28-2019]
The purpose of Article 7 of the Regulations of the Sharon Board
of Health is to provide for the protection of public health, safety,
welfare and the environment by requiring the proper siting, construction,
upgrade and maintenance of on-site sewage disposal systems and treatment
works and appropriate means for the transport and disposal of septage
as necessitated by local conditions. This article must be read together
with 310 CMR 15.000 (Title 5), which contains many other provisions
and requirements relevant to on-site sewage disposal systems. The
provisions of Title 5 shall govern, except where more stringent standards
are set by this Article 7. Article 7 is promulgated pursuant to the
authorities of MGL c. 111, §§ 17, 27, 27A, 30, 31,
31A, 31B, 31C, 31D, 31E, 122, 124, 127A, 127B, 127C, and MGL c. 21A,
§ 13.
A.
The provisions of Regulation 15.002, Definitions, of the State Environmental
Code, Title 5 (310 CMR 15.00 et seq.), shall apply, except where higher
standards are established by these regulations.
B.
BASEMENT
BEDROOM
BOARD OF HEALTH
DEP
HEALTH ADVISORY BOARD
LARGE SYSTEMS
LOT
MIDSIZE SYSTEMS
NATURALLY OCCURRING SOIL
TREATMENT WORKS BUILDING
WATER BODIES
WATER RESOURCE PROTECTION DISTRICT
WETLANDS
Additional definitions. The words, terms, phrases, abbreviations
and acronyms listed below for the purpose of these regulations shall
be defined and interpreted as follows:
Any area in a dwelling unit where more than half of its floor-to-ceiling
height is below the average grade of the adjoining ground. All basement
areas shall be considered uninhabitable space. No plans will be endorsed
which propose the creation rooms in such areas which could be used
for the provision of private sleeping accommodations. Finished basements
shall be designed with an open floor plan with no separate enclosures,
the only exception being a vented, utility room.
Any area in a dwelling unit which is or could be used for
the provision of private sleeping accommodations for residents of
the premises, whether such area is designated as a bedroom, guestroom,
maid's room, dressing room, den, study, library, or by another
name, unless more than half of its floor-to-ceiling height is below
the average grade of the adjoining ground. Any room intended for regular
use by all occupants of the dwelling unit, such as a living room,
dining area or kitchen, shall not be considered a bedroom, nor shall
bathrooms, halls or closets having no horizontal dimension over six
feet. Rooms which have an access doorway, 48 inches wide or greater,
with a cased opening and no closets shall not be considered a bedroom.
A board appointed by the Board of Selectmen for the purposes
of implementing the health laws of the commonwealth and the Town.
The Board includes persons duly authorized to act on its behalf.
The Massachusetts Department of Environmental Protection.
A committee appointed by the Board of Health to provide advice
and expertise in matters of public health.
Any on-site system for the treatment of sanitary sewage with
a design flow of 10,000 gallons per day (gpd) but less than 15,000
gpd that is regulated under 310 CMR 15.304 of Title 5.
An area of land in one ownership, with definite boundaries.
Any on-site system for the treatment of sanitary sewage with
a design flow of 2,000 gallons per day (gpd) or greater, but less
than 10,000 gallons per day (gpd).
Soil which was deposited on a site by natural causes and
not by human action.
That part of a treatment works which houses the devices or
facilities that are used to store, treat, neutralize, stabilize or
disinfect sewage.
As defined in the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and its regulations, codified at 310 CMR 10.00 and the Town of Sharon Wetlands Protection Bylaw, Chapter 262 of the Town Bylaws.
The Surface Water Resource Protection District and the Groundwater
Resource Protection District are zoning overlay districts established
by the Sharon Zoning Bylaw.[1]
As defined in the Massachusetts Wetland Protection Act, MGL c. 131, § 40, and its regulations, codified at 310 CMR 10.00 and the Town of Sharon Wetlands Protection Bylaw, Chapter 262 of the Town Bylaws.
A.
Incorporation. The provisions of regulations of the State Environmental
Code, Title 5 (310 CMR 15.00 et seq.), shall apply, except where higher
standards are established by these regulations.
B.
Required approvals.
(1)
No building permit shall be issued, nor shall any dwelling place
or other building be constructed, until the Board of Health has approved
the proposed lot as suitable for the proposed on-site sewage disposal
system and a permit for the installation has been obtained.
(2)
Deep hole observation logs or percolation tests must be witnessed
by the Board of Health or its designee.
(3)
No on-site sewage disposal system shall hereafter be constructed,
altered, repaired or installed in the Town of Sharon until a permit
for said work has first been obtained from the Board of Health.
(a)
Permits shall become void 12 months after the date of issue
unless construction is completed within that period, and they are
nontransferable. The Board may, in its discretion, allow a twelve-month
extension.
(b)
A fee, as established in the Board's schedule of fees,
shall accompany each permit application for construction, alteration,
repair, or addition to an on-site sewage disposal system to serve
a new or existing structure. Permit application fees are nonrefundable.
(c)
The permit application for construction of an on-site sewage
disposal system must be accompanied by the following:
[2]
Percolation test results, and on-site suitability reports by
an approved soil evaluator witnessed by a representative of the Town
of Sharon;
[3]
If a wetlands line is located on the plan which accompanies
the application, or if the Board or its agent questions the possibility
of wetlands within 200 feet of the property, confirmation in writing
by the Conservation Commission that the Conservation Commission or
its agent has approved the wetland delineation.
[4]
The permit application must be signed by the owner of record
for the property. If the permit application is made by someone other
than the owner, the application shall be signed by both the owner
of record and the applicant.
C.
Additional requirements for wastewater midsize systems.
(1)
No construction of any structure which relies upon a midsize
system shall be constructed until a disposal system construction permit
has been issued by the Board.
(2)
As part of the application for a midsize system, the applicant
shall submit a detailed estimate of the cost for constructing the
midsize system, the estimated useful life of each major component
and the estimated annual operations and maintenance cost. Based on
this data, and any other reasonable estimates made by the Board, the
Board shall establish a system of financial responsibility for the
midsize system pursuant to which the applicant shall, prior to the
commencement of construction under the disposal system construction
permit, make an initial deposit of funds in a specially segregated
account for such purpose, equal to the Board's estimate of the
annual operation and maintenance costs plus an estimated amount for
replacement reserve. Any funds expended during the year shall be accounted
for in the annual financial report required by July 1 of each year
and must be shown to have been replaced in this account by the same
date.
(3)
A disposal system construction permit is issued in the name
of the record owner of the lot on which the midsize system shall be
constructed after the owner has proven to the reasonable satisfaction
of the Board that the owner has the capabilities, financial and otherwise,
to maintain and operate the midsize system. The owner must obtain
approval from the Board prior to any transference of a system operator.
(4)
Prior to the issuance of a certificate of compliance, the owner
shall record in the Registry of Deeds a covenant and restriction in
the form and substance satisfactory to the Board, binding and enforceable
against the premises served by the midsize system and the owner thereof,
to maintain the midsize systems. The covenant and restriction shall
run in favor of and be enforceable by the Town and shall be superior
in title to any liens (including mortgages, labor and mechanics liens
and the like) on or interests in the premises, except for the lien
for real estate taxes. The covenant and restriction shall be enforceable
against any or all of: the operation and maintenance fund, the premises,
or the owner thereof, as the Town may elect in its discretion.
(5)
No discharge from a midsize system is permitted into any surface
water for wetland, as defined by MGL c. 131, § 40, unless
a National Pollutant Discharge Elimination System permit has been
obtained from the Environmental Protection Agency.
(6)
No midsize system shall be constructed within 100 feet of a
property boundary or within 100 feet of any structure (with the exception
of the treatment building itself). Additionally, no septic tank shall
be constructed greater than 50 feet from the treatment building.
(7)
Disinfection of midsize systems effluent, if required by the
Board, shall be accomplished by either ultraviolet radiation or ozonation
or other systems approved by the Board of Health.
(8)
All sludge must be disposed of off-site during normal business
hours Monday through Friday, except in emergency situations. The Board
will review the applicant's plan for sludge removal, including
the method of transport, the route to be used, the frequency of removal,
destination, and license status of the proposed sludge hauler. Each
time sludge is removed from the site, a copy of the receipt must be
provided to the midsize system operator and to the Board.
(9)
A groundwater and/or influent and effluent monitoring program
will be developed to the reasonable satisfaction of the Board on a
case-by-case basis prior to issuing the permit. All monitoring results
must be submitted to the Board within seven days of receipt. The Board
may modify the monitoring program at any time.
A.
No sewage disposal system shall be complete, and no new construction
served by an on-site sewage disposal system shall be inhabited, until
a certificate of compliance has been issued by the Board.
B.
Certificates of compliance may contain continuing conditions, including,
without limitation, deed restrictions, financial assurances and monitoring
requirements which shall apply throughout the use of the on-site system.
Such conditions shall be enforceable by the Board throughout the entire
period of use of the system unless such conditions are revoked by
the Board.
C.
Any person or entity that owns, operates, inspects or monitors an
alternative on-site septic system in the Town of Sharon shall provide
the results of all monitoring and inspections to the Board of Health,
or an entity designated by the Board of Health, in a format designated
by the Health Agent. All reports regarding maintenance, monitoring
or inspections of alternative septic systems shall be submitted within
30 days of the time when the maintenance, inspection or monitoring
was initiated.
[Added 4-16-2019]
A.
Any plan submitted for a permit to construct an on-site subsurface
sewage disposal system to replace in its entirety an existing failed
system, or for a lot not previously built upon, shall, as a minimum,
include the following:
(1)
Six copies of a plot plan at a scale of one inch equals 20 feet,
or one inch equals 40 feet, prepared and stamped by a Massachusetts
registered professional engineer, or a Massachusetts registered sanitarian,
along with the appropriate application forms and the necessary fee.
Any plans requesting a variance to setback distances must also be
stamped by a Massachusetts registered land surveyor.
(2)
Name of present owner, applicant, surveyor and engineer.
(3)
The lot to be served, including all dimensions, lot number and
area of the lot.
(4)
Existing and proposed contours of the lot, street, and adjacent
property.
(5)
Finished street center-line grades opposite the front corners
and middle of the lot.
(6)
Proposed elevations of the top of the concrete foundation and
basement floor.
(7)
Location of underground utilities in the street, those which
will service the lot, and known sources of water supply (including
potable wells and irrigation wells) within 200 feet of the sewage
disposal system and any proposed well to serve the lot.
(8)
DEP Form 11, Soil Suitability Assessment, and DEP Form 12, Percolation
Test, must be completed and submitted for each plan.
(9)
A permanent benchmark shall be furnished within 50 feet of the
sewage disposal system.
(10)
A complete listing of all variances sought from 310 CMR 15.000
and/or Article 7 of the Rules and Regulations of the Sharon Board
of Health.
(11)
A certification that the plan meets the requirements of 310
CMR 15.000 and Article 7 of the Rules and Regulations of the Sharon
Board of Health.
B.
Within 30 days following completion of construction activities, two as-built plans conforming to § 300-7.4 shall be provided to the Board of Health. Plans shall also be provided in an electronic format acceptable to the Board of Health or its agent.
C.
As-built plans must include a list of all variances granted by the
Board of Health and a list of conditions, if any, imposed by the Board,
before a certificate of compliance is issued.
All on-site systems hereafter constructed shall be of material
and design approved by the Board of Health. The minimum acceptable
design will conform to the requirements of the State Environmental
Code, Title 5, except for higher requirements noted below:
A.
All components within 10 feet of any area subject to vehicular traffic
shall be capable of supporting AASHTO HS20-44 loads or as deemed necessary
by the Board of Health or its agent.
B.
Access shall be provided by twenty-four-inch diameter cast-iron frames
and covers adjusted to grade as required by the Board of Health.
C.
In general, the proposed grading of the lot shall shed water away
from the building and the disposal system areas so as not to create
ponding of water within the immediate vicinity of the dwelling; also,
the final grading shall slope up at least six inches in the first
10 feet from the edge of the traveled way along the entire frontage
to prevent any street drainage from entering the lot. Use of a swale
to prevent water from entering abutting property is suggested.
D.
All septic tanks hereafter constructed shall be two-compartment,
watertight, and constructed of reinforced concrete, or an equal durable
material. The minimum liquid capacity of a septic tank shall be determined
in accordance with Title 5, but in no case less than 1,500 gallons.
E.
Pumps. Mercury liquid level control switches are prohibited.
F.
Soil absorption systems shall conform to the following:
(1)
The minimum percolation rate for determining the leaching area
requirements shall be 6.0 minutes per inch.
(2)
Where leaching trenches are used, the area between the trenches
is not to be considered suitable for a reserve area.
(3)
Expansion areas shall be located at a minimum of 10 feet from
the primary disposal area.
(4)
No soil absorption system shall be constructed in soils with
a percolation rate greater than 60 minutes per inch.
G.
An innovative or alternative system may not be used to meet new construction
requirements, unless a fully compliant, conventional system can also
be sited.
H.
Shared systems, as defined in 310 CMR 15.000, shall not be allowed
for new construction or upgrades of detached single-family homes.
Lowering the groundwater table through the use of interceptor
or curtain drains to permit marginal or unacceptable conditions to
meet minimum requirements for the installation of subsurface disposal
systems for new construction is prohibited by the Board of Health.
Such drains may be allowed or required to rehabilitate a system that
has failed.
A.
For areas located within Water Resource Protection Districts and
Zone IIs, there must be five feet of naturally occurring soil between
high groundwater elevation and the bottom of a leaching facility.
The system will be designed to maximize this distance.
B.
For all other areas, there must be four feet of naturally occurring
soil between the high groundwater elevation and the bottom of the
leaching field.
C.
For new construction, the system may not be mounded above existing
topography in order to achieve separation to groundwater.
D.
Nonindigenous soils added on top of natural topography shall not
be included in calculating depth to groundwater.
For systems located in floodplains, the bottom of the septic
tank, distribution box, pump or dosing chamber, grease trap, and leaching
facility shall be one foot above the base flood elevation (the level
of inundation of the one-hundred-year-frequency storm event). Building
sewers and sewer manholes shall be watertight to an elevation one
foot above the base flood elevation.
A.
At the time of inspection, all septic tanks 25 years of age or older
shall be replaced unless structurally certified by a licensed Title
5 inspector to be structurally sound and leak-proof.
B.
At the time of inspection, all cesspools shall be replaced with systems
in maximum feasible compliance with Title 5 and Article 7.
The design and construction of repairs and upgrades to existing
systems shall be in conformance with the requirements listed below.
The Board of Health may modify the requirements when necessary for
a particular situation.
A.
Repairs to existing systems.
(1)
A system determined to be in failure by the Board of Health
shall be corrected in accordance with 310 CMR 15.353, Emergency Repair.
If additional repair or replacement is required as determined by the
Board of Health, all work must be completed within 30 days of the
date of the emergency repair.
(2)
A system determined to be in failure at the time of a system inspection (310 CMR 15.301) shall be corrected as described in § 300-7.2.
(3)
In the event that any person subject to an order from the Board of Health, pursuant to § 300-7.2 and 310 CMR 15.026, as the same may be from time to time amended, or such other applicable rule or regulation, does not repair a failed septic system within 30 days of the issuance of the Board's order, the Board of Health, after a properly noticed hearing in which the Board determines that the failed system presents a risk to the public's health, may cause such repairs to be made at the Board's direction and expense necessary to bring the system into compliance with these regulations and Title 5. The Board, its agents and contractors have the right to enter the premises of any person subject to a determination made pursuant to the preceding sentence for the purpose of repairing a failed septic system.
(4)
Repairs to failed septic systems undertaken by the Board of Health pursuant to § 300-7.2 shall comply with the relevant provisions of MGL c. 30B. All expenses incurred by the Board of Health in repairing a failed septic system pursuant to § 300-7.2, including, but not limited to, costs attributable to the design, materials, construction, inspection, and oversight of the repairs and any legal expenses incurred, shall constitute a debt to the Town of Sharon and may be recovered from the owner by an action in contract. Additionally, the Board of Health may impose a lien in accordance with the provisions of the second paragraph of MGL c. 139, § 3A, for the cost of all repairs, as outlined above, undertaken under § 300-7.2. Nothing in this regulation shall prohibit or otherwise limit the Board of Health from entering into agreements to repair failed septic systems pursuant to MGL c. 111, § 127B 1/2.
B.
Upgrades to existing systems. The following actions are required
whenever a building permit must be obtained from the Sharon Building
Inspector:
(1)
Whenever an increase in living area is proposed, a certified,
licensed system inspector shall inspect the system. If the system
is determined to be in failure as determined by Title 5, it shall
be upgraded or replaced to meet current standards under Title 5 and
this Article 7. Living area shall not include unfinished basements
and attics, garages, decks, unheated porches, and unheated storage
areas.
(2)
Any proposals which include an increase in design flow shall
require the system to meet current standards under Title 5 and Article
7.
The owner, person or agent responsible for the construction,
alteration, repair or installation of any on-site system and any associated
soil absorption system shall have such work inspected by the Board
of Health before such work is backfilled, and such backfilling shall
thereafter be applied in a manner approved by the Board.
Any person who submits a preliminary or definitive subdivision
plan to the Planning Board must also submit the following information
to the Board of Health:
B.
Percolation test results and soil observations to a depth of 10 feet
at a minimum frequency of one per every lot. Said tests shall be witnessed
by an agent of the Board of Health and performed in accordance with
Title 5 and reported by a registered professional engineer, sanitarian
and/or licensed soil evaluator.
C.
Pursuant to 105 CMR 410.180, evidence satisfactory to the Board that
the lot has a supply of potable water sufficient in quantity with
adequate pressure and quality that has been determined to not endanger
the health of any potential user.
D.
Review of plans within the Water Resource Protection District. When
reviewing subdivision plans within Water Resource Protection Districts,
the Board of Health shall evaluate the following issues:
(1)
Do adequate geological characteristics (primarily concerning
percolation) exist on each lot for building?
(2)
Can adequate setbacks between private wells and septic systems
be maintained within the proposed subdivision layout?
(3)
Will downgradient surface water or groundwater resources be
impacted by the migration of sewage-derived contaminants?
(4)
Will private wells in the proposed subdivision be subject to
road salt contamination or other road-related contamination?
E.
The Board of Health shall review the plans and report to the Planning
Board within 45 days after the definitive plans and other requested
data is filed with the Board of Health as required in MGL c. 41, § 81U,
and the Sharon Planning Board regulations or bylaws. The report shall
indicate approval or disapproval of the plan. In the event of disapproval,
the Board of Health shall name specific findings as to which, if any,
of the lots shown on the plan cannot be used for building sites without
injury to public health, and shall include such specific findings
and reasons therefor. The Board of Health may require the submission
of additional data which, in its opinion, is necessary to properly
evaluate the subdivision from a public health standpoint.
A.
The Board of Health may require the project proponent to submit an
Environmental Health Impact Report pertaining to the proposed subdivision,
to determine if the project is protective of public and environmental
health and ensure that adequate protection against flooding, siltation,
and other drainage problems is provided. This information may include,
but is not limited to:
(1)
A geologic description of the parcel indicating location and
depth of confining layers (silt and clay);
(2)
Approximate aquifer thickness throughout the parcel;
(3)
Groundwater flow direction, hydraulic gradient and groundwater
velocity;
(4)
Determination of downgradient receptors, including residences,
surface water features and wetlands (on- and off-site);
(5)
The projection of nitrogen concentrations downgradient of each
septic system or protective zones of contribution of a well on each
lot;
(6)
The impact of nitrogen, phosphorus, and other contaminants on
groundwater and downgradient wetlands, ponds, streams, rivers and/or
other human or environmental receptors; and
(7)
Precipitation effects.
B.
Any applicant required to file an Environmental Health Impact Report
shall have the burden of proving by submission of a preponderance
of credible evidence that the proposed work shall not have an unacceptable
significant and/or cumulative effect upon the public or environmental
health.
A.
When reviewing any application for permit/approval, the Board, at
its discretion, may determine that the assistance of outside consultants
is warranted due to the size, scale, or complexity of a proposed project
or because of a project's potential impacts. The Board may require
that the applicant pay a review fee, consisting of the reasonable
costs incurred by the Board for the employment of outside consultants
engaged by the Board to assist in the review of an application.
B.
In hiring outside consultants, the Board may engage engineers, planners,
lawyers, urban designers, or other appropriate professionals who can
assist the Board in analyzing a project to ensure compliance with
all relevant laws, ordinances/bylaws and regulations.
C.
In the case of the construction of a new on-site system, the applicant
shall deposit with the Board of Health at the time of permit application
the sum set forth by the Board in the form of a certified or bank
check made payable to the "Town of Sharon."
D.
Funds received by the Board pursuant to this section shall be deposited
with the Municipal Treasurer, who shall establish a special account
for this purpose. Expenditures from this special account may be made
at the direction of the Board without further appropriation. Expenditures
from this special account shall be made only in connection with the
review of a specific project or projects for which a review fee has
been or will be collected from the applicant. Failure of an applicant
to pay a review fee shall be grounds for denial of the application/permit.
E.
Review fees may only be spent for services rendered in connection
with the specific project for which they were collected. Accrued interest
may also be spent for this purpose. At the completion of the Board's
review of a project, any excess amount in the account, including interest,
attributable to a specific project, shall be repaid to the applicant
or the applicant's successor in interest. A final report of said
account shall be made available to the applicant or the applicant's
successor in interest. For the purpose of this regulation, any person
or entity claiming to be an applicant's successor in interest
shall provide the Board with documentation establishing such succession
in interest.
F.
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Board of Health. The grounds for
such an appeal shall be limited to claims that the consultant selected
has a conflict of interest or does not possess the minimum required
qualifications. The minimum qualifications shall consist of either
an educational degree in, or related to, the field at issue or three
or more years of practice in the field at issue or a related field.
Neither the Board of Health nor any member or representative
thereof assumes responsibility for the successful operation of any
on-site sewage disposal system and any associated soil absorption
system or any portion thereof. Approval of any aspect of the testing,
design or construction by the Board of Health shall not relieve the
designer and the septic works installer of their sole responsibility
for the design and construction of the system or works which fully
conforms to all requirements of the State Sanitary Code, Title 5 and
to all requirements of these regulations.
Every owner, occupant, or agent of premises where there is any
private sewer, drain, or septic tank shall keep the same in a sanitary
condition and shall have every septic tank emptied and cleaned when
necessary or at such time as ordered by the Board of Health.
A.
Pumping of septic tanks is recommended at a minimum of every two
years.
B.
Whenever a water closet, septic tank, or pipe becomes offensive or
obstructed, the owner, occupant, or agent of the premises shall cause
the same to be cleaned or otherwise corrected.
C.
The owner, occupant, or agent of the premises shall submit a copy
of the pumper's signed receipt to the Board of Health as compliance.
A.
A minimum of one percolation test and two deep hole observation holes
will be required for each proposed soil absorption system. The Board
of Health may require additional tests as warranted by site conditions
and the size of the facility. Tests may be performed at any time during
the year. The maximum groundwater elevation will be determined by
an approved soil evaluator and approved by the Board of Health or
its agent.
B.
Minimum distances.
(1)
No disposal facility shall be closer than the distances stated
to the components listed in the following table:
[Amended 11-14-2019]
|
Tank
(feet)
|
Component Absorption System
(feet)
|
Sewer
(feet)
| |
|---|---|---|---|
|
Property line
|
20
|
20
|
10
|
|
Street or sidewalk right-of-way
|
25
|
25
|
10
|
|
Subsurface drain or street drain, stormwater retention or detention
basins
|
25
|
50
|
25
|
|
Drainage easement
|
25
|
50
|
25
|
|
Dwelling, cellar wall, in-ground pool
|
10
|
20
|
10
|
|
Well or suction line; surface water supply
|
75
|
125
|
75
|
|
Reservoir and tributaries to reservoirs
|
75
|
125
|
75
|
|
Water bodies and wetlands
|
75
|
125
|
75
|
|
Water line (pressure)
|
10
|
25
|
10 laterally (18 inches below)
|
(2)
The minimum property line and street or sidewalk right-of-way
setbacks are reduced to 10 feet, provided that the applicant has demonstrated
to the Board's satisfaction that:
(a)
The natural slope of the ground prevents septic tank or leaching
field overflow from flowing toward the property line.
(b)
The depth to maximum groundwater elevation exceeds five feet
for the entire area between the septic system component and the property
line.
(c)
The area is not in a defined floodplain.
(d)
The area is not subject to surface flooding.
C.
Any lot of less than 40,000 square feet in area shall be deemed too
small for both water supply and sewage disposal on the same lot.
A.
No septic system installer may construct, alter, repair or install
a septic system within the Town of Sharon without first obtaining
a license from the Sharon Board of Health.
(Reserved)
No garbage grinder shall be installed in a new or existing building.
It is noted that garbage grinders are not recommended where they discharge
to subsurface disposal facilities.
Septic tank chemical cleaners or additives shall not be used
in septic systems without consent of the Board of Health. Published
research articles have documented that septic system additives have
not resulted in positive effects on the operation of on-site septic
systems, and can contaminate groundwater aquifers, render leaching
fields dysfunctional and result in costly repairs to homeowners.
A.
Temporary chemical toilets for the convenience of persons engaged
in construction work may be erected or installed with a permit, but
only under the following conditions: The toilet must be so located
as to cause no annoyance to persons residing in the vicinity. The
person in charge of the premises shall cause the toilet to be maintained
in a sanitary manner; and immediately upon completion of the work,
he shall remove the toilet and leave the premises in a condition satisfactory
to the Board of Health, making proper provision for the final disposal
of the contents of the chemical toilet. Temporary chemical toilets
may be erected and installed on Town property where deemed needed
by the Board of Health.
A.
Any variance request being presented to the Board shall be made in
writing and shall cite the specific variance sought and the reasons
therefor. The Board may require additional studies and/or outside
professional consultations in connection with the consideration of
the variance request. The cost of additional studies and/or consultant
review of same shall be paid by the applicant before any decision
is issued. The applicant shall give notice to all abutters and owners
of land within 200 feet of the applicant's land via certified
mail, return receipt, at least 10 days before the variance request
hearing. The Board of Health may vary the application of any provisions
of this article (except where expressly forbidden) with respect to
any particular case when, in its opinion:
(1)
The enforcement thereof would do manifest injustice; and
(2)
The applicant has proved that the same degree of environmental
protection required under this article can be achieved without strict
application of the particular provision; and
(3)
In the case of new construction, enforcement of the provision
from which the variance is sought would deprive the applicant of substantially
all beneficial use of the property.
B.
Any variance granted by the Board and conditions thereof shall be
incorporated into the disposal works construction permit.
C.
The Board may require various conditions it deems appropriate as
part of any variance granted, including, among others, that a notice
of all restrictions imposed on the use of the septic system as part
of the variance granted by the Board must be recorded by the property
owner at the Registry of Deeds.
The provisions of Article 7 are severable. If any provision
of Article 7 is declared to be invalid or inapplicable to any particular
circumstance, the invalidity or inapplicability will not affect the
enforceability of the remainder of Article 7.
This regulation shall take effect 30 days after the date of
publication of a summary of the regulation.
