[Added 4-10-1987; amended 4-3-1995; 1-11-2021; 6-17-2021; 7-12-2021; 3-7-2022]
The Chelmsford Board of Health enforces the following additional
regulations in conjunction with all applicable state regulations (Title
V, The State Environmental Code).
A.
Grease trap (external). A grease trap (capacity to be determined
at time of septic system design by flow estimate) must be installed
for all food service establishments. This excludes cottage kitchens
not located in Zone 2 and who operate less than 25 hours a week on
average. Cottage kitchens are only allowed to cook non-TCS (time/temperature
control for safety) foods.
A.
Authority. The Board of Health, in accordance with 105 CMR 400.00, State Sanitary Code, Chapter 1, shall protect the health and well-being of the Town of Chelmsford.
B.
Purpose. The purpose of this regulation is to protect the groundwater
resource of the Town of Chelmsford. The intent of this regulation
is to prevent the contamination of subsurface potable water supplies
from non-sanitary wastewater being introduced into the ground from
a facility with a higher likelihood of such a discharge when compared
to typical residential usage.
C.
Definitions. Definitions used herein are as indicated in 310 CMR
15.000.
D.
Applicability. This regulation applies to the following situations:
(1)
A property or facility with an on-site subsurface sewage disposal
system governed by 310 CMR 15.000 (Title 5 of the Massachusetts Environmental
Code).
(2)
A property or a facility has a disposal area located within a Zone
I or Zone II protection zone of a public water supply as identified
on the Mass GIS mapping system or the Town of Chelmsford MA GIS mapping
system.
(3)
A property or facility with nonresidential usage either wholly (examples
would include schools, office buildings, manufacturing establishments,
transportation hubs, etc.) or partly (examples would include an apartment
building with ground-level commercial or retail use, a school campus
with dormitories and a maintenance garage, etc.).
E.
Intent. The intent of this regulation is not to govern wastewater
from typical residential facilities and activities such as houses,
apartments, trailer parks, etc., nor their associated ancillary uses
such as swimming pools, parking garages, tennis courts, etc., nor
is the intent of this regulation to govern a disposal area which is
not within a Zone I or a Zone II.
F.
Requirements.
(1)
The following activities are prohibited:
(a)
Generation or discharge of non-sanitary sewage.
(b)
Generation or discharge of commercial sewage waste.
(c)
Generation or discharge of industrial waste.
(d)
Operation or disposal of waste from a treatment works.
(e)
Disposal of waste in a Class I, II, III or IV well as regulated
by the underground injection control program (310 CMR 27).
(2)
For a property or facility subject to these regulations, the following
is required:
(a)
The facility generating wastewater shall be examined on an annual
basis. A report must be provided describing the sources of wastewater
generated at the site and their disposition and management. Said report
shall be completed by a civil, environmental, or sanitary engineer
licensed in Massachusetts, or by a Massachusetts-licensed registered
sanitarian. Written notice of the date and time of the examination
shall be provided at least seven calendar days beforehand to the Chelmsford
Board of Health so a concurrent examination can occur if desired.
A written report regarding the sources of wastewater at the facility
or property, as well as their disposition or management, shall be
provided to the Board of Health within 14 calendar days of completion
of the examination.
(b)
All residential and nonresidential sewage shall receive treatment
by a DEP-approved secondary treatment unit authorized for general
use. Sanitary sewage which may be managed by a humus/composting toilet,
or a greywater system is exempt from this requirement.
(c)
The on-site wastewater system shall be designed and constructed
to provide a mechanism for collecting water samples for analysis at
a point after the secondary treatment unit but prior to the disposal
area. The water sample collection mechanism shall be built and maintained
to be easily accessible and secure from damage or contamination.
(d)
The DEP-approved secondary treatment unit authorized for general
use shall be examined twice per year within 14 days of March 15 and
within 14 days of September 15. Examination shall be completed by
a wastewater treatment plant operator licensed in Massachusetts with
at least a Grade II municipal license. Written notice of the date
and time of the examination shall be provided at least seven calendar
days beforehand to the Chelmsford Board of Health so a concurrent
examination can occur if desired. A written report regarding the operation
of the secondary treatment unit and other components of the on-site
wastewater system shall be provided to the Board of Health within
14 calendar days of completion of the examination.
(e)
Effluent sample(s) shall be collected twice per year within
14 days of March 15 and within 14 days of September 15. Effluent shall
be collected from a location in the flow path following the DEP-approved
secondary treatment unit and prior to the disposal area. Effluent
shall be collected by an employee of a DEP-approved laboratory. Written
notice of the date and time of the sample collection shall be provided
at least seven calendar days beforehand to the Chelmsford Board of
Health so a concurrent examination can occur if desired. A written
report describing the findings of the effluent sampling along with
copies of the laboratory analysis reports shall be provided to the
Board of Health within 21 calendar days of sample collection.
(f)
Effluent samples shall be analyzed for the following parameters:
(g)
The on-site wastewater system shall be subject to an annual
permit to operate. Permit is issued by the Board of Health and renewable
on January 1 of each year provided all other aspects of the regulation
have been complied with. Application for renewal of said permit shall
be submitted by November 30 and shall contain all reports and data
as described above as well as the required fee(s).
G.
Variance.
(1)
Variances to these regulations shall be granted for seriously aggrieved
parties by the Board of Health when, in its opinion:
(a)
The person requesting a variance has established that enforcement
of the provision of these regulations from which a variance is sought
would be manifestly unjust, considering all the relevant facts and
circumstances of the individual case; and
(b)
The person requesting a variance has established that the level
of public health and environmental protection, that is at least equivalent
to that provided under this these regulations, can be achieved without
strict application of the provision of the regulation from which a
variance is sought.
(c)
With regard to variances for new construction, enforcement of the
provision from which a variance is sought must be shown to deprive
the applicant of substantially all beneficial use of the subject property
in order to be manifestly unjust.
(2)
Every request for a variance shall be made in writing and shall state
the specific variance(s) sought and reason therefor. The request for
variance must indicate the current property owner as well as the applicant,
if different.
(3)
No variance request shall be heard except after the applicant has
notified all abutters as well as abutters located across a street
or way by certified mail at his or her own expense at least 14 days
prior to the Board of Health meeting date at which the variance request
will be on the agenda. The notification shall state the specific variance(s)
sought and the reason(s) therefor, shall indicate the date, place,
and time of the hearing, and shall indicate that the abutters may
view the proposal at the Health Department during regular business
hours. The applicant shall also notify the water supplier who owns
or uses the public well that the property or facility is located within,
which has a protection Zone I or Zone II, by certified mail at his
or her own expense at least 14 days prior to the Board of Health meeting
at which the variance request will be on the agenda.
(4)
No hearing will be scheduled unless the design plan or other information
submitted has been reviewed and found to be technically complete and
accurate.
(5)
Cancellation of a public hearing shall require renotification of
abutters by the applicant.
