[Adopted 10-13-1999, effective 11-1-1999]
Due to concern about increased degradation of the ponds and wetlands
in Georgetown and acting under the authority of MGL c. 111, § 31,
as amended, and for the protection of public health and the environment, the
Georgetown Board of Health has established and adopted the following regulations,
which supplements Massachusetts 310 CMR 15.00.
This regulation shall apply to all sewage disposal systems within 300
feet of the mean high-water mark of Pentucket Pond, Rock Pond and connecting
wetlands.
For the purpose of Town of Georgetown Board of Health Regulation Chapter 462, Article IV, the following terms shall have the following meanings, unless the context clearly requires otherwise. Terms expressed in singular shall be construed to incorporate the plural, and vice versa, unless the context otherwise requires. Definitions not included here shall be defined as per 310 CMR 15.00.
The owner of any property that lies within 500 feet radially from
any lot line of the subject property, including those properties across a
traveled way or body of water. In the case of property that has frontage on
a pond, abutters will include all those properties with frontage on the pond.
Any wetland which directly joins Pentucket and Rock Pond.
A sewage disposal or treatment system which is in existence at the
time of adoption of these regulations and which lies within the watershed
of and within 300 feet of the high-water mark of Pentucket Pond, Rock Pond
and the connecting wetlands and waterways.
Any land area or surface area so defined by the Massachusetts Wetlands
Protection Act, MGL c. 131, § 40, and regulations promulgated pursuant
thereto at 310 CMR 10.00 or pursuant to Section 404 of the Federal Water Pollution
Control Act, 33 U.S.C. § 1341.
A.
All existing systems shall be inspected by a state certified
and Georgetown registered Title 5 Inspector within one year of the adoption
of these regulations and notification to property owners. Notification may
be by certified mail, third class mail, or legal notice in a newspaper which
has circulation in Georgetown. An inspection report shall be submitted to
the Board of Health within 30 days of performance of the inspection for its
review and approval. The requirements for an inspection may be waived if a
plan for upgrading the system in conformity with maximum feasible compliance
standards is submitted. Systems of affected properties which have been installed
under the requirements of the 1995 (or updated) MA Title 5 of the State Environmental
Code, 310 CMR 15.00 requirements, and which have been issued a certificate
of compliance by the Georgetown Board of Health are exempt from these requirements
unless the Board of Health deems otherwise.
B.
In addition to the inspection requirements of 310 CMR
15.302, the following must be performed and the results of which reported
to the Board of Health as part of the inspection:
(1)
Determination of the location and condition of the leaching
area is required, including length and number and location of lines or trenches,
number and volume of pits.
(2)
A physical measurement shall be taken of the horizontal
distance of system components (septic tank, D-box, pump chamber, soil absorption
system) to the mean high-water mark of the pond.
(3)
Holding tanks shall be tested for watertightness. Pumping
records for the tank shall be submitted to the Board of Health as part of
the inspection report.
C.
Any inspection required under 310 CMR 15.301 for change
of title, change in use, or expansion in use for a system to which this regulation
applies shall be performed in accordance with this regulation. If weather
conditions preclude an inspection for change of title, the inspection shall
be completed as soon as weather permits, but in no event later than six months
after the change in title.
D.
Any properties with multiple systems (i.e., separate
laundry systems) must have all systems inspected. Failure of one or both system
shall require an upgrade.
E.
If there is doubt by the inspector regarding elevation
of high groundwater, the estimated seasonal high groundwater shall be determined
by either an agent of the Board of Health or a Massachusetts certified soil
evaluator. Any cost incurred shall not be the responsibility of the Georgetown
Board of Health or the Town of Georgetown.
In addition to the failure criteria in 310 CMR 15.303, the following
conditions shall constitute a failure of an existing system and shall require
an upgrade in compliance with Title 5 and Georgetown Board of Health regulations.
A.
A cesspool within 300 feet of the high-water mark of
Pentucket or Rock Pond, or the connecting waterway.
B.
Direct discharge into the pond or into wetlands or onto
ground surface.
C.
A tight tank that is not watertight or a tight tank whose
records of pumping are not commensurate with the use of the existing facility.
A.
All existing systems in failure shall be upgraded to
maximum feasible compliance standards. My increase in flow to an existing
system (i.e., increase in the number of bedrooms or bedroom-usable-spaces)
or change in use in the structure shall require an upgrade to standards for
new construction.
B.
Any existing system in failure shall come into conformity
with maximum feasible compliance within two years of the date of notification
to property owners. Notification shall be either by third class United States
mail or publication of a legal notice in a newspaper with general circulation
in the Town of Georgetown. The Board of Health may require compliance within
shorter time if it seems necessary.
C.
If a septic system is determined by the Board of Health
to be in failure other than through a required Title 5 inspection, an upgrade
is required under these regulations.
A.
Standard of review.
(1)
The Georgetown Board of Health may vary the application
of any provision of this regulation with respect to any particular case. Variances
shall be granted only when, in the opinion of the Georgetown Board of Health:
(a)
The person requesting a variance has established that
enforcement of the noted section of this regulation 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
a level of environmental protection that is at least equivalent to that provided
under these regulations can be achieved without strict application of the
provisions from which a variance is sought.
(2)
With regard to variances for new construction, enforcement
of the provisions 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.
B.
Process for seeking a variance.
(1)
The Georgetown Board of Health shall review requests
for variances as follows.
(a)
Every request for a variance shall be made in writing
on a form provided by the Board of Health and shall make reference to the
specific provisions of these regulations for which a variance is sought and
a statement in compliance with Section 10.
(b)
The Board will notify the applicant of a date for a hearing
to consider the variance within 45 days of receiving said request.
(c)
No application for a variance shall be complete until
the applicant has notified all abutters by certified mail at his/her own expense
at least 10 days before the Board of Health meeting at which the variance
request will be made on the agenda. The notification shall reference the specific
provisions of Regulation 2-96 from which a variance is sought, a statement
of the standards set forth in Regulation 2-96 and the date, time and place
where the application will be discussed.
(2)
The Board of Health shall make a determination on the
variance request within 30 days following the variance hearing.
(3)
Any variance allowed by the Georgetown Board of Health
shall be in writing. Any denial of a variance shall also be in writing and
shall contain a brief statement of the reasons for the denial. A copy of each
variance shall be conspicuously posted for 30 days following its issuance
and shall be available to the public at all reasonable hours in the office
of the Board of Health while it is in effect.
Any person aggrieved by an order, variance, issuance or denial by the
Georgetown Board of Health may appeal to any court of competent jurisdiction
provided for by the laws of the Commonwealth of Massachusetts.
A.
The Georgetown Board of Health, its agents, officers
and employees, shall have the authority to enter upon privately owned land
for the purpose of performing their duties for the administration and review
of this regulation, and may make or cause to be made such examination, surveys,
or sampling as the Board deems necessary.
B.
The Georgetown Board of Health shall have the authority
to enforce these regulations by violation notices, administrative order, and
civil and criminal court actions.
Any person who shall violate any provisions of this regulation for which
a penalty is not otherwise provided shall be subject to a fine of not more
than $200. Each day or a portion thereof during which a violation occurs or
continues shall constitute a separate offense.
Each section of these rules and regulations shall be construed as separate
and to the end that if any section, item, sentence, clause or phrase shall
be held invalid for any reason, the remainder of these rules and regulations
shall continue in full force and effect.
This regulation should take effect November 1, 1999.
