[Adopted 1-26-1987]
The regulations have been adopted by the Deerfield Board of Health pursuant
to its authority under MGL c. 111, § 31, 310 CMR 15.00, and related
state regulations.
These regulations shall apply to all development, construction or conversion
intended to create a condominium association, and, in addition to 310 CMR
15.00 and existing local health regulations shall govern the construction,
operation and maintenance of any subsurface sewage disposal system to be used
thereby. Any septic system expected to receive 15,000 gallons per day must
be reviewed and approved by the Department of Environmental Quality Engineering.
Prior to the issuance of any disposal works construction permit for
a project involving a condominium association, a copy of the proposed association's
Master Deed must be submitted to the Board of Health for approval. Copies
of the Master Deed shall be submitted to the local Building Inspector and
Board of Health along with a written request for review. The Board shall have
21 days to accept or reject the proposed Master Deed and shall notify the
applicant in writing of its decision. Failure of the Board to act upon the
request for review shall be deemed approval for the purposes of issuing disposal
works construction permits.
In addition to the requirements of MGL c. 183A, the Condominium Law,
the proposed Master Deed shall contain the following provisions:
A.
That an escrow account, bond or other form of security
acceptable to the Board of Health shall be established and permanently maintained
by the association, in sufficient amount to fully cover the cost of repair
or replacement of the subsurface sewage disposal system. Such an escrow account
or bond shall name the Town of Deerfield as a party and will empower the Board
of Health to utilize the available funds to effect any necessary repairs or
replacement of a malfunctioning septic system, should the association fail
to make such repairs in a timely fashion.
B.
That prior to the dissolution of the condominium association,
the Board of Health shall be notified in writing and that measures acceptable
to the Board to ensure the proper operation of the septic system in the future
shall be taken.
No certificate of occupancy shall be issued for any portion of a condominium
association until the Master Deed, as approved by the Board of Health and/or
the Department of Environmental Engineering, has been duly recorded at the
Registry of Deeds for Franklin County and a final copy of the deed has been
filed with the Board. Further, no certificate of occupancy shall be issued
until such time as the escrow account or bond for the repair of the septic
system has been established and the proper documents submitted to the Board
of Health.
The Master Deed for any condominium association utilizing a subsurface
disposal system to be owned jointly shall include the provision that such
a system shall be emptied and cleaned at least once every three years by a
duly certified or licensed septage hauler. (Because the disposal of septage
at a wastewater treatment facility effects the functioning of such facility,
the Board encourages routine, nonemergency cleaning to take place during the
warmer months between April and October.)
For any septic system intended to utilize a leaching area in excess
of 1,500 square feet, one additional deep hole test for each 2,500 square
feet of additional leaching area shall be conducted, unless this requirement
is waived in writing by the Board of Health or authorized Board of Health
agent. Further, one additional percolation test shall be performed for each
additional 4,000 square feet of leaching area, unless this requirement is
waived in writing by the Board of Health or authorized Board of Health agent.
These tests shall be located within the proposed leaching area and shall be
located in such a manner as to provide, in the opinion of the Board of Health
or its agent, an accurate profile of the existing soil and groundwater conditions
within the proposed leaching area.
Any restriction or constraint placed upon the use or operation of a
septic system to be utilized by a condominium association, either by the system
designer or by the Board of Health, shall be written directly into the Master
Deed for the association. (An example of such a restriction would be an indication
by the system designer that the proposed subsurface sewage disposal system
is not intended to accommodate garbage grinders.)
Violation of these or any regulation established or enforced by the
Deerfield Board of Health shall be punishable by a fine of not more than one
hundred dollars ($100.) per violation. Each day that a violation continues
shall be deemed a separate violation.
These regulations shall become effective immediately upon their publication
in a newspaper of general circulation in the Town of Deerfield.
[Added 1-31-1987]
The Board of Health voted to establish an escrow fund fee schedule for
jointly owned septic systems, e.g., condominiums. The amount required will
be $3 per square foot of leaching area or, in the case where a leaching field
is not used, it will be an amount equal to the replacement cost of the system
in an amount to be determined by the Board.
