The health, safety and welfare of the residents of the Town of Barnstable
and its neighboring towns are dependent upon an adequate supply of pure groundwater.
The Town's entire drinking water supply is derived from groundwater,
and the United States Environmental Protection Agency has designated all of
Cape Cod as a "sole source aquifer" requiring special care and protection.
The groundwater system is internally connected with surface waters, lakes,
streams and coastal estuaries, which constitute important recreational and
economic resources of the Town. Contamination of the aquifer and related surface
water resources pose a serious threat to the health, safety and financial
well-being of the Town.
The purpose of this chapter is to protect the public health, safety
and welfare by maintaining quality groundwater through the regulation of the
volume of certain wastewater discharges.
No person, company, corporation, entity, trust or firm shall install a new individual on-site sewage disposal system which will produce more than 330 gallons per day of wastewater discharge unless in compliance with the standards established by §
232-5 herein.
A certificate of compliance with this chapter shall be received from the Board of Health or its designee prior to the commencement of any activity regulated by §
232-3 herein.
[Amended 12-16-1993 by Order No. 94-059]
A. Within zones of contribution to existing and proposed
public supply wells, the maximum allowable wastewater discharge from new individual
on-site sewage disposal systems shall not exceed 330 gallons per acre per
day.
B. Zones of contribution to public supply wells are shown
on a map entitled "Revised Groundwater Protection Map," Planning Division,
dated February 2002, which is on file in the office of the Town Clerk.
[Amended 6-14-2007 by Order No. 2007-141]
C. The zones of contribution to public supply wells were
determined by SEA Consultants Inc. in their report dated September 1985, entitled
"Groundwater and Water Resource Protection Plan, Barnstable, MA," revised
by SEA Consultants Inc., September 1989. The GP Overlay District is also revised
to include the zone of contribution to the West Barnstable well #15-75 determined
by the Cape Cod Commission; and the zone of contribution to proven future
Barnstable Fire District well #8-90 determined by Whitman and Howard, Inc.
The reports and maps are on file with the Town Clerk.
[Amended 12-16-1993 by Order No. 94-059; 6-14-2007
by Order No. 2007-141]
In addition to the standards of §
232-5 herein, within 2,000 feet of existing and proposed public supply wells as shown on the map entitled "Revised Groundwater Protection Map," Planning Division, dated February 2002, the maximum allowable wastewater discharge from a new individual on-site sewage disposal system shall not exceed 2,000 gallons per day, unless located outside of the WP Zone to the existing and proposed public supply wells.
To determine compliance with §§
232-5 and
232-6 herein, wastewater flow rates shall be determined according to Title V of the State Environmental Code, subject to the interpretation of the Board of Health.
For the purposes of this chapter, the phrase "install a new individual
on-site sewage disposal system" shall not include the maintenance, repair
and alteration of an existing individual on-site sewage disposal system. However
in no case shall the discharge of wastewater increase beyond that present
prior to such maintenance, repair and alteration.
Any new system not in violation of the standards contained within §§
232-5 through
232-8 shall be deemed to be in compliance with §§
232-5 through
232-8.
This chapter shall be administered by the Board of Health or its designee
by verifying compliance with the provisions established herein. Within 10
working days of receipt of a request for a certificate of compliance, the
Board of Health or its designee shall notify the applicants thereof as to
the approval or disapproval of the request. Upon determination that all provisions
of this chapter are being met, a certificate of compliance shall be issued.
However, in instances where an upgrading of an existing individual on-site
sewage disposal system is proposed, the Board of Health may require from an
applicant evidence that the proposed upgrading will not adversely affect the
groundwater quality.
The provisions of this chapter shall be enforced by the Board of Health
or its designee, which may, according to law, enter upon any premises at any
reasonable time to inspect for compliance.
Written notice of any violation of this chapter shall be given by the
Board of Health or its designee specifying the nature of the violation and
a time within which compliance must be achieved.
Penalty for failure to comply with any provision of this chapter shall
be $300 per day of violation.
Each provision of this chapter shall be construed as separate. If any
part of this chapter shall be held invalid for any reason, the remainder shall
continue in full force and effect.