A. 
The Board of Health (the "Board") of the Town of Kingston, pursuant to MGL c. 111, § 31, hereby proposes these regulations in order to protect public health and safety and the environment, and to minimize the human health and environmental hazards resulting from sewage or septic system discharge within and around property located within the Town of Kingston.
B. 
The Board of Health finds that these regulations are required because many areas in the Town of Kingston are not amenable to on-site septic systems due to poor filtering characteristics and slow percolation rates of the soils, high groundwater, slope and lot size, and that these local concerns justify encouraging connections to the public sewer system to the greatest extent possible.
C. 
These regulations shall apply to all properties located within the Town of Kingston.
A. 
All property owners whose property abuts a way in which an active public sewer line has been laid shall connect thereto except as provided in § 405-37, Special exceptions, of these regulations.
B. 
Property owners shall make applications to the Sewer Commission for connection to the Town's sewer service, and provide written notice to the Board that such application have been made.
C. 
Connections to the Town's sewer service as required by this regulation shall be in accordance with any and all regulations promulgated by the Board of Sewer Commissioners.
A. 
No property owner whose property abuts a way in which an active public sewer line has been laid will be permitted to maintain, construct, upgrade, or replace a septic system, except as provided in § 405-37, Special exceptions, of these regulations.
B. 
Property owners whose properties, in whole or in part, are connected to and serviced by the Town's sewer service will not be permitted to maintain, construct, upgrade, or replace a septic system.
A. 
Upon the adoption of these regulations, property owners maintaining septic systems, which systems comply with all applicable laws, rules, regulations, statutes, bylaws, and orders, including but not limited to Title 5 of the State Environmental Code, and which do not create a public nuisance, may obtain a deferral of their obligation to connect to the public sewer in accordance with the Board's regulations promulgated on March 12, 2001, entitled "Deferment for Sewer Hookups."[1]
[1]
Editor's Note: See § 405-39 of this article.
B. 
All property owners whose property abuts a way in which an active public sewer line has been laid and who cannot connect to the Town's sewer system because the system cannot accept any additional flows, as determined by the Sewer Commissioners in accordance with Chapter 250 of the Acts of 2006,[2] may be permitted by the Board to install or maintain an approved Title 5 septic system under the following conditions:
(1) 
The property owner must provide the Board with a connection refusal letter from the Sewer Commission.
(2) 
The septic system permitted by the Board complies with all applicable laws, rules, regulations, statutes, bylaws, and orders, including but not limited to Title 5, and its operation does not create a public nuisance.
(3) 
The septic system permitted by the Board may be utilized for up to 10 years in accordance with the Board's regulations promulgated on March 12, 2001, entitled "Deferment for Sewer Hookups."[3] The deferment granted under this section may be extended if sewer service remains unavailable at the expiration thereof, upon the express written consent of the Board and subject to any terms and conditions set forth therein.
[3]
Editor's Note: See § 405-39 of this article.
(4) 
If at any time the septic system permitted by the Board fails or at any time does not comply with applicable laws or creates a public nuisance, and sewer capacity is available, the property owner must immediately connect the property to the Town's sewer system in accordance with these regulations.
(5) 
If at any time the septic system permitted by the Board fails or does not comply with applicable laws or creates a public nuisance, and sewer capacity is not available, the property owner shall make any and all necessary repairs, replacements or upgrades to the septic system and may use said system in accordance with the deferral granted in accordance with Subsection B(3) of this section.
[2]
Editor's Note: A copy of Acts 2006, Ch. 250 is included as an attachment to this chapter.
A. 
Noncriminal disposition.
(1) 
This regulation may be enforced by any Town police officers or agents of the Board.
(2) 
Whoever violates any provision of this regulation may be penalized by a noncriminal disposition process as provide in MGL c. 40, § 21D, and the Town's Noncriminal Disposition Bylaw. If noncriminal disposition is elected, then any person who violates any provision of this regulation shall be subject to a penalty in the amount of $300 per day for each day of violation, commencing 10 days following day of receipt of written notice from the Board. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
B. 
Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation or offense shall be $1,000. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
C. 
The Board may enforce these regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board shall not preclude enforcement through any other lawful means.
[Added 3-12-2001]
A. 
The Board of Health, pursuant to the provisions of 310 CMR 15.000 et seq. ("Title 5") and the Board's own rules and regulations, is charged with the protection of public health and the environment through the regulation of on-site septic systems. In this capacity, the Board recognizes that the age of a system originally designed and built in compliance with applicable regulations may result in the deterioration of the system and thereby create a threat to public health and the environment. Therefore, the Board of Health, through this regulation and in accordance with Title 5 and any other applicable health regulations, will offer a deferral of properties to the Town sewer systems in accordance with the following schedule and regulations, only pertaining to systems of up to nine years old.
B. 
This regulation utilizes a chart format to designate the age of a septic system and the number of years within which the property served by that system would be deferred from connection to the Town sewer system as follows:
(1) 
The certificate of compliance shall be used as a bench mark for the age of the system.
Age of Septic System (in years)
Time Period for Connection to Municipal Sewer System (in years)
1
Have up to
9
2
Have up to
8
3
Have up to
7
4
Have up to
6
5
Have up to
5
(2) 
Systems aged five years to nine years shall be allowed up to five years to connect to the municipal sewer system based upon annual requests for a connection deferment.
C. 
The deferral process as provided in the proposed regulation requires the submission by the property owner of an abbreviated Title 5 inspection, using the Board's inspection form and any and all pumping records. Only systems in the five- to nine-year age range will be allowed deferments as follows:
(1) 
Deferment of connection:
(a) 
Owners of properties served by a septic systems aged five years to nine years old shall file annual requests for connection deferment.
(b) 
A deferral request must be accompanied by an abbreviated Title 5 inspection report, using the Board of Health inspection form and any and all pumping records for the system.
(c) 
Deferrals will be granted on an annual basis for systems which pass the inspection criteria contained in the Board of Health's inspection report.
(d) 
Any application for repairs to the system if, in the opinion of the Board of Health, the cause or extent of such a repair indicates a threat to public health or the environment; the Board may, at its discretion, require the property owner to fall within the jurisdiction of the Kingston Sewer Commissioners and connection regulations.
(e) 
In the event of a full system failure, the property owner shall in accordance with state law be required to connect the property to the Town of Kingston municipal sewer system, and the existing septic system on the property shall be abandoned in accordance with the provisions of Title 5.
(f) 
Any property owner aggrieved or denied a deferral pursuant to this regulation may request a hearing before the Board of Health.
(g) 
At the end of the allowed deferral period as presented in this regulation, properties will then be governed by existing sewer connection regulations.
(2) 
Homeowners wishing to avail themselves of this process should contact the Kingston Board of Health for the necessary certificate of deferment. These forms may be obtained 120 days after publication.
[Added 3-10-2008]
The Board of Health will allow major renovations requiring a building permit and without an upgrade to the septic system only under the following conditions:
A. 
The septic system shall be discontinued and abandoned according to 310 CMR 15.354. The septic system shall be discontinued and abandoned. Any further use of the system shall be prohibited. The facility owner shall apply to the Board of Health for a disposal system construction permit to abandon the system. Upon receipt of the Board of Health's approval, the cesspool shall be pumped of its entire contents by a licensed septage hauler, collapsed and completely filled with clean sand. Upon completion, an inspection by the Health Agent will be conducted and a certificate of compliance issued.
B. 
Sanitary pipes shall be capped at the house. Sanitary pipes shall be capped at the house by a licensed plumber and after obtaining a plumbing permit. Proof of inspection shall be provided to the Board of Health.
C. 
Water supply must be turned off at the street gate. Water supply must be shut off and certified from the Water Department that the domestic water supply has been turned off at the street gate.
D. 
The owners agree not to occupy the structure until the Board of Health has received certification from the Sewer Department that the structure is connected and may discharge wastewater into the system.
All septic systems will be treated on an individual basis. In order to convey property within the funded phases of Kingston sewer project, it would first require a Title 5 inspection. If the septic system fails, then any or all of the following items would be required:
A. 
Existing toilet(s) to be replaced with low-flow toilet(s).
B. 
Existing showerhead(s) to be replaced with low-flow showerhead(s).
C. 
No washing machine on-site (remove if existing).
D. 
All faucets will be installed with low-flow faucets.
E. 
No garbage disposal units on-site (remove if existing).
F. 
Quarterly inspection to identify any further system failure by way of contract with certified Title 5 system inspector.
G. 
Pumping will be required as necessary per inspection reports.
H. 
In the event of full system failure, the current owner will agree to immediately meet with Board to discuss remedial action plan.
I. 
In the event of a full system failure where remedial relief is impossible, the current owner will be required to repair the system in accordance with Title 5 or use of tight tank through Board of Health variances.
J. 
Pumping schedule of a failed system not in the water table will be on an as-needed basis.
K. 
No increase in living space until sewerage is online and connected to home unless Title 5 upgrade has been completed.
L. 
Any other remediation deemed necessary by Board of Health.
M. 
That the memorandum of understanding become a legal instrument and valid notarized signatures of the Health Agent and Board Chairman authorized by vote of the Board of Health.
N. 
All property under this agreement will be hooked up to municipal sewer system immediately upon availability.