These regulations are intended to protect the public health and general welfare by ensuring that private wells are constructed, deconstructed or decommissioned in a manner which will protect the quality of the groundwater derived from private wells. The property owner or designated representative of an owner proposing to construct or deconstruct a well shall obtain a permit from the Board of Health. The well contractor must have the well permit (See "Emergencies" under §
145-27) in his possession at the specific job site during all aspects of the well drilling process.
These regulations are adopted by the Town of Harvard Board of
Health, as authorized by MGL c. 111, § 31. These regulations
supersede all previous regulations adopted by the Board of Health
regarding the construction and deconstruction of private wells.
As used in this article, the following definitions shall have
the meanings indicated:
AGENT
The Nashoba Associated Boards of Health, as designated by
MGL c. 111, § 27A, the Harvard Board of Health or other
individuals designated as agents by the Harvard Board of Health.
AGRICULTURE
The business of cultivating the soil, producing crops, and
raising livestock useful to humans.
APPLICANT
Any person who intends to have a well constructed or deconstructed.
APPROVED SAMPLER
An individual or entity granted authority by the Harvard
Board of Health to sample private well water in anticipation of quality
analysis. An approved sampler is required to adhere to the Harvard
Board of Health's approved "Best Practices for Water Quality Sampling
of Private Wells."
AQUIFER
A water-bearing 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.
BEDROCK
The solid rock that underlies all soil, sand, clay, gravel,
and loose material on the earth's surface.
BOARD
The Board of Health of the Town of Harvard, Massachusetts
or its authorized agent.
BOREHOLE
A deep, narrow hole made in the ground, especially to locate
water which is not intended for use for drinking water.
BUILDING SEWER
A pipe which begins outside the inner face of a building
wall and extends to a subsurface sewage disposal system (on-site system)
or municipal or private sewer.
BUSINESS OF DIGGING OR DRILLING
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire the availability to dig or drill
wells within the Commonwealth of Massachusetts.
CASING
Impervious durable pipe placed in a boring to prevent the
walls from caving in and to serve as a vertical conduit for water
in a well.
CERTIFIED LABORATORY
Any laboratory currently certified by the Massachusetts Department
of Environmental Protection for drinking water analysis. A laboratory
holding provisional certification shall also qualify.
CLOSED-LOOP GEOTHERMAL BOREHOLE
A boring drilled to facilitate the installation of a pipe
loop or tubing for a ground source heat pump system, whether circulating
water, heat transfer fluid or refrigerant using direct exchange.
DRILLED WELL
Any well that is drilled into bedrock with a casing that
is sealed to the bedrock.
DRINKING WATER WELL
A deep well (required to be greater than 100 feet in depth)
for the purpose of delivering potable water.
DRIVEN WELL
Any well utilizing a drive-well point which is driven into
the ground.
DUAL-USE WELL
A well which provides for both drinking water and as a geothermal
exchange.
DUG WELL
Any excavation dug by man or machine which is used to provide
water for irrigation or any other purpose.
GEOTHERMAL WELL
Any shaft or hole drilled into the surface of the earth,
greater than 20 feet in depth, which is used or intended to be used
in connection with coring, or the drilling for, prospecting for, or
the production of geothermal resources, hot water, petroleum, natural
gas, or other hydrocarbon substances, or shallow extraction wells
for heating, agricultural or other purposes, or is used or intended
to be used for the subsurface injection into the earth of oilfield
waste, gases, water or liquid substances, including any such existing
hole, shaft or casing which has not been abandoned, except that "geothermal,
oil or gas exploratory or development well" shall not include "temporary
exploratory probe," as defined in this section.
HABITABLE STRUCTURE
A structure that meets the requirements of 105 CMR 410.000:
Minimum Standards of Fitness for Human Habitation (State Sanitary
Code, Chapter II).
IRRIGATION WELL
A well (required to be 100 feet or greater in depth) not
intended for potable use and not connected to a domestic supply.
MCL
Maximum concentration limit.
OPEN-LOOP BOREHOLE
A water well designed to produce source water above land
surface to provide heat transfer to a geothermal well. It is then
returned to its source.
PERSON
An individual, corporation, company, association, trust,
or partnership.
POINT OF ENTRY
The location where water distribution enters a structure.
POINT WELL
Any well utilizing a drive-well point which is driven into
the ground.
PRIVATE WELL
Any dug, driven, or drilled hole, with a depth greater than
its largest surface diameter, developed to supply water intended and/or
used for human consumption and that will not serve either a number
of service connections or a number of individuals sufficient to qualify
as a public water system as defined in 310 CMR 22.00.
PUMPING TEST
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
REGISTERED WELL DRILLER
Any person registered with the Department of Environmental
Protection, Bureau of Resources Protection, to dig or drill wells
in the Commonwealth of Massachusetts.
SHALLOW WELL
Any well with a total depth of less than 100 feet, including
but not limited to points, dug wells, driven wells, and wash wells.
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.
WASH WELL
Any well created through the removal of soils by water or
fluid prior to the placement of the well piping; also known as "jetted
well."
WELL
A.
An excavation or opening into the ground made by digging, boring,
drilling, driving or other methods.
B.
Unless the context requires otherwise, words not herein defined
shall have the same meaning as given in the applicable regulations
of the Department of Environmental Protection (DEP).
C.
The following are not wells for the production of water as used
in these regulations:
(2)
An excavation for the purpose of obtaining or prospecting for
oil, natural gas, minerals other than water, products of mining and
quarrying;
(3)
Injection well regulated under DEP UIC program;
(4)
Cathodic protection wells;
(5)
Wells used for dewatering purposes in construction work;
(6)
Monitor wells, geographical test borings and piezometers;
(7)
Ponds, pits, sumps and drainage trenches;
(8)
Contaminant recovery wells otherwise regulated by the DEP.
The following shall be submitted to the Board of Health or its
agent within 30 days after completion of construction of any well:
A. A copy of the state's Water Well Completion Report.
B. A copy of the Water Quality Report required pursuant to §
145-18 of these regulations.
Each well must supply an adequate quantity of water for the
purpose for which it is intended and shall be tested to give satisfactory
evidence of continuing capability to do so. Before being approved,
every well shall be pump tested by the installer. The results of the
test shall be submitted to the Board of Health on the previously described
well completion report, and the Board shall maintain such as a public
record. The following are guidelines for what will be considered satisfactory,
but the Board of Health may vary these guidelines in particular cases
where it is demonstrated that the well will furnish an adequate supply
of water for the purpose for which it was intended.
A. Shallow wells, washed wells, points, pits or excavations are not
allowed. The Board may grant a variance for shallow wells, washed
wells, points, pits or excavations for irrigation purposes or when
a drilled well cannot be utilized. Where a variance has been granted,
shallow wells, washed wells, points, pits or excavations shall produce
a minimum of 15 gallons per minute after performing a four-hour pump
test. Wash wells must be tested every six months and the results submitted
to the Board of Health office. No shallow wells will be allowed in
a primary water or secondary water resource district as designated
under the Harvard Zoning Bylaw, with exceptions for agriculture and/or other uses when
deemed appropriate by the Board.
B. Well production. After pump testing, all drilled wells shall produce
at least the following gallons per minute:
Static Water Depth in Well
(feet)
|
Required Yield
(gallons per minute)
|
---|
100
|
6
|
200
|
5
|
300
|
4
|
400
|
3
|
500
|
2
|
All private wells and nonessential 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 pumping equipment (and plumbing, if installed)
shall be disinfected with a solution containing at least 50 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 (not
to the septic system) and the water found to be free of chlorine.
Any person aggrieved by the final decision of the Board may
seek relief therefrom within 30 days in any court of competent jurisdiction,
as provided by the laws of this commonwealth.
Any person who violates any provision of these regulations,
or who fails to comply with any order issued hereunder by the Board
of Health, may be fined no less than $10 and no more than $500 per
day. Each day that a violation exists and each day's failure to comply
with an order shall constitute a separate offense.
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 any existing state
law shall, by an amendment of the regulations, be brought into conformity
with the new or amended law. However, the revision necessary to comply
with state law shall be deemed to be effective immediately, and the
regulations shall be applied and enforced so as to comply with state
law.
These regulations were amended and adopted by vote of the Town
of Harvard Board of Health at a public meeting on November 9, 2021,
and are to be in full force and effect on and after November 23, 2021.
Before said date, these regulations shall be published and a copy
thereof placed on file in the Board of Health office and filed with
the Department of Environmental Protection in Boston. These regulations
or any portions thereof may be amended, supplemented or repealed from
time to time by the Board, with notice as provided by law, on its
own motion or by petition.
The issuance of a well permit shall not be construed as a guarantee
by the Board of Health or its agent that the water system will function
satisfactorily nor that the water supply will be of sufficient quality
or quantity for its intended use.