[Adopted by the Board of Health 8-22-1990, effective 8-24-1990; amended in its entirety9-21-2023 , effective 1-1-2024 ]
The purpose of this regulation is to provide for the protection
of the public health, safety, welfare and the environment by, among
other things, requiring the proper siting, constructing and testing
of private wells. Regulations were modeled after MassDEP Private Well
Guidelines and MassDEP Model well regulations.
These regulations are adopted by the Nantucket Board of Health,
pursuant to its authority under MGL c. 111, § 31. These
regulations supersede all previous regulations for private wells adopted
by the Board of Health.
Unless the context or subject matter requires otherwise, the
following words and phrases shall, for the purposes of this document,
have the meanings specified in this section.
Words and phrases used in the present tense include the future;
words and phrases used in the masculine gender include the feminine
and neuter; and the singular number includes the plural and the singular.
Words and phrases not defined in this section shall have their
conventional meanings unless expressly stated otherwise.
ABANDONED WATER WELL
A well that that is out of service and that meets any of
the following criteria: 1) construction was terminated prior to completion
of the well, 2) the well owner has notified the local Board of Health
that use of the well has been permanently discontinued, 3) the well
has been out of service for at least three years, 4) the well is a
potential hazard to public health or safety and the situation cannot
be corrected, 5) the well is in such a state of disrepair that its
continued use is impractical, or 6) the well has the potential for
transmitting contaminants from the land surface into an aquifer or
from one aquifer to another and the situation cannot be corrected.
AGENT
Any person designated and authorized by the Board to implement,
in whole or part, these regulations. To the extent provided by the
Board, the agent shall have all the authority of the Board and shall
be directly responsible to the Board and under its direction and control.
ALTER A WELL or WELL ALTERATION
Change the structural or hydraulic characteristics of an
existing well including but not limited to deepening, decommissioning,
performing well yield enhancement, or performing casing extension,
replacement, perforation or repair.
APPLICANT
Any person who applies to construct a private well.
AQUIFER
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield significant
quantities of water to wells and springs.
ARTESIAN AQUIFER
An aquifer that is bound above and below by impermeable material
or materials or distinctly lower permeability than the aquifer itself.
The water in an aquifer confined in this manner will rise in a drilled
hole or well casing above the point of initial penetration (above
the bottom of the confining, or impermeable, layer overlying the aquifer).
BENTONITE
A mixture of swelling clay minerals containing at least 85%
of mineral montmorillonite (predominantly sodium montmorillonite)
which meets the specifications of the most recent revision of API
Standard 13A.
BENTONITE GROUT
A mixture of bentonite (API Standard 13A) and water in a
ratio of not less than one pound of bentonite per gallon of water.
BOARD
The Board of Health of Nantucket, Massachusetts or its authorized
agent.
CASING
Impervious durable pipe placed in a boring to prevent the
walls from caving and to serve as a vertical conduit for water, other
fluids, or gases in a well.
CERTIFIED COMPANY
A person authorized by nontransferable certification with
the Department, under 310 CMR 46.00, to engage in the business of
well drilling and alteration, determining well yield and pump Installation.
CERTIFIED LABORATORY
A laboratory certified by the Department for the analysis
of drinking water and required water quality analytes. Provisional
certification is acceptable.
CERTIFIED WELL DRILLER
An individual authorized by nontransferable certification
with the Department to drill or alter wells, as specified in 310 CMR
46.03(3) and who is working for a certified company.
CONCRETE
A mixture consisting of Portland cement (ASTM Standard C150,
type I or API Standard 10, Class A), sand, gravel, and water in a
proportion of not more than five parts of sand plus gravel to one
part cement, by volume, and not more than six gallons of water. One
part cement, two parts sand, and three parts gravel are commonly used
with up to six gallons of water.
DEPARTMENT
Massachusetts Department of Environmental Protection.
DISINFECT
Any oxidant, including but not limited to chlorine, chorine
dioxide, chloramines, and ozone, which is added to water in any part
of the treatment or distribution process, and is intended to kill
or inactivate pathogenic microorganisms.
DOME
Area within the highest hydrological regional contour line.
There are currently seven dome areas on Nantucket.
IRRIGATION WELL
A well used for the sole purpose of watering or irrigation
and not for drinking water. The well shall not be connected at any
time to a dwelling or a building unless it meets the requirements
of a private drinking water well and has the Board's written
approval.
NEAT CEMENT GROUT
A mixture consisting of one bag (94 pounds) of Portland cement
(ASTM Standard C 150, Type I or API Standard 10, Class A) to not more
than six gallons of clean water. Bentonite (API Standard 13A), up
to 2% by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase
fluidity and/or control setting time.
OVERBURDEN WELL
Any well that is exposed to and draws water from any type
of unconsolidated material, including but not limited to sand and
gravel deposits.
PERSON
Any agency or political subdivision of the federal government
or the commonwealth, any state, public or private corporation or authority,
individual, trust, firm, joint stock company, partnership, association,
or other entity, and any officer, employee or agent of said person,
and any group of said persons.
PRIVATE WELL OR WELL
Any hole or shaft drilled into the ground to inject or withdraw
water, other fluids, or gasses, monitor soil gasses, monitor groundwater
levels or water quality, transfer heat, or provide cathodic protection
that is not regulated as a public water supply under 310 CMR 22.00.
PRIVATE WELL YIELD
The gallons per minute (gpm) of water that can flow or be
withdrawn from a well, at a sustained rate after a minimum of two
hours if the water level has stabilized (water level does not fluctuate
more than three inches) for the last 30 minutes of the test.
PUMP or PUMP SYSTEM
The mechanical equipment or devices used to remove water
from a well. For a well with a pitless adapter, the pump system includes
all piping and the pitless adapter. For a well with a submersible
pump and without a pitless adapter, the pump system includes all piping
up to the metering device, or if none, then up to the main control
valve inside the foundation of the structure served by the well. For
a well without a submersible pump and without a pitless adapter, the
pump system includes all piping up to and including the wellhead.
For installation or repair purposes, the pump or pump system includes
all piping up to the metering device or, if none, then up to the main
control valve inside the foundation of the structure served by the
well.
PUMPING (AQUIFER) TEST
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
REPLACE A PUMP or PUMP REPLACEMENT
Installation of a pump of the same horsepower as the pump
that was last removed, installation of any component of a pump with
a component of the same size and capacity as the one that was last
removed; also, removal and replacement of a pump or any component
thereof.
SAND CEMENT GROUT
A mixture consisting of Portland cement (ASTM Standard C150,
Type I or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight, of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
STATIC WATER LEVEL
The distance from established ground surface to the stabilized
water level in a well which is neither being pumped nor under the
influence of pumping.
STRUCTURE
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
WATER USED FOR HUMAN CONSUMPTION
Water that is used for drinking, bathing, showering, cooking,
dishwashing, or maintaining oral hygiene; see also "drinking water."
WELL YIELD ENHANCEMENT
A process to increase the production of water and yield by
using water under pressure, or another substance the Department has
approved for use in the process, to clean out existing fractures to
allow water to flow into the well from other areas.
WELLHEAD
The above ground component or structure built over a well.
Any person to whom the Board issues an order may request a hearing
before the Board by filing with the Board within seven days after
the day the order was served a written request for a hearing. Upon
receipt of a hearing request, the Board shall set a time and place
for the hearing and shall inform the well owner and responsible party
in writing. At the hearing the person requesting the hearing shall
be given an opportunity to be heard and show why the order should
be modified or withdrawn. After the close of the hearing, the Board
shall issue a written decision to sustain, modify, or withdraw the
order and shall mail a copy of the decision, by certified mail, return
receipt requested, to the person who requested the hearing and the
well owner. If the Board sustains or modifies the order, it shall
be carried out within the time period allotted in the original order
or in the modification. A request for a hearing shall not relieve
the responsible party of its obligation for complying with the order
unless and until it is modified or vacated by the Board.
Any person aggrieved by the final order, Variance, well Construction
Permit, or certificate of water supply determination of the Board
may appeal to any court of competent jurisdiction as provided by the
laws of the commonwealth.
If any provision of these regulations or the application thereof
is held to be invalid by a court of competent jurisdiction, the invalidity
shall be limited to said provision(s) and the remainder of these regulations
shall remain valid and effective. Any part of these regulations subsequently
invalidated by a new state law or modification of an existing state
law shall automatically be brought into conformity with the new or
amended law and shall be deemed to be effective immediately, without
recourse to a public hearing and the customary procedures for amendment
or repeal of such regulation.
These regulations were adopted by vote of the Nantucket Massachusetts
Board of Health, at public meeting held on September 21, 2023, and
are to be in full force and effect on and after January 1, 2024. Before
said date, these regulations shall be published and a copy placed
on file in the Board of Health Offices and filed with the Department
of Environmental Protection, Division of Wastewater Management in
Boston. These regulations or any portions thereof may be amended,
supplemented or repealed from time to time by the Board, as provided
by law and applicable regulations.
The issuance of a well permit shall not be construed as a guarantee
or certification by the Board or its agents that the water system
will function satisfactorily or that the water supply will be of sufficient
quality or quantity for its intended use.