[Adopted 5-23-1989, effective 6-1-1989 (Section 3.00 of Part XIV
of the 1991 Codification as updated through 6-1-1996)]
As used in this article, the following terms shall have the meanings
indicated:
A well that has not been used for water supply for a period of one
year or more, unless the owner declares his intention to use the well again
for supplying water within one year.
The Board of Health or its agent.
Adverse effect on water quality created by the introduction of any
matter.
Water which is pure, wholesome and free from impurities that may
cause disease or harmful physiological effects such that the water is safe
for human consumption.
Any dwelling used for habitation or business purposes by an occupant
other than the owner, for the use of which a fee is paid. This includes, but
is not limited to, campgrounds, motels, bed-and-breakfasts, inns, and other
accommodations used on a transient basis, as well as community-type buildings
which are rented to community groups.
Any pit, pipe, excavation, spring, casing, drill hole, or other source
of water to be used for any purpose of supplying water, and shall include
dug wells, driven or tubular wells, drilled wells (artesian or otherwise)
and springs, gravel packed, gravel walled wells, gravel developed and wash
borings and as further described in the U.S. EPA Manual of Individual Water
Supply Systems. For the purpose of these regulations, it shall include both
private potable wells, and nonpotable wells.
Any well supplying water for human consumption, bathing, or washing
purposes, which is not otherwise regulated as a public water system (community
or noncommunity water supply) under 310 CMR 22.00.
Any person, firm, or corporation drilling, constructing, or destroying
a water supply well.
Quantity of water delivered per unit time which may flow or be continuously
pumped from the well.
All well drillers doing business in the Town of Barnstable shall annually
file with the Board of Health a copy of their current well driller registration
certificate issued by the Commonwealth of Massachusetts under Massachusetts
General Laws Chapter 21 § 16 and Massachusetts Regulations 313 CMR
3.00.
A.
No well shall be installed, altered, or repaired except
by a well driller who is registered with the Water Resources Commission, Division
of Water Resources under MGL Chapter 2, § 16, and 313 CMR 3.00,
except wherein an owner chooses to install or to have installed a hand-driven
well to be used for nonpotable purposes.
B.
All wells shall be located on the same lot as the building
they serve.
A.
Well construction permit.
(1)
No well or group of wells with a yield greater than five
gallons per minute shall be installed, altered, or repaired until a well construction
permit has been obtained from the Board of Health. A permit so granted shall
expire six months from the date of issue unless construction has begun.
(2)
The fee for this permit shall be set by the Board of
Health.
(3)
An application for a well construction permit shall be
submitted by the drilling contractor or his agent to the Board of Health on
forms furnished by the Board of Health. The well driller is responsible for
obtaining said permit prior to construction.
(4)
The location and design of the water well must be approved
by the Board of Health prior to issuance of a well construction permit. Prior
to approval, the Board of Health requires the following information to be
submitted:
(5)
Every well used for nonpotable purposes and permanently
equipped with pump piping and appurtenances shall be clearly labeled: "Nonpotable
water supply not for human consumption."
(6)
Permit conditions. All permits issued shall be subject
to the conditions that all facilities shown shall be constructed in the location
approved by the Board of Health. All permits issued shall be subject to the
requirements of these regulations and to such further conditions as the Board
of Health shall prescribe.
B.
Well construction (wells not intended for human consumption).
(1)
The Board of Health recommends that well construction
meet the guidelines outlined in the New England Water Well Drillers Association
Ground Water Quality Control Well Construction Code.
(2)
All nonyielding holes which are installed in the process
of constructing the well shall be filled so as not to act as a conduit to
the groundwater.
(3)
A metal tag shall be affixed to the top of the well casing
at the time of installation, so that the well may later be located if necessary
by a metal detector.
C.
Well drillers report. Within 30 days after completion
of the construction of any well requiring a permit, the well driller shall
submit to the Board of Health a copy of the water well completion report.
D.
Well destruction.
(1)
Prior to destruction of any well, a well destruction
permit must be obtained by the owner or his agent from the Board of Health.
The Board of Health will require a site plan showing the well location, including
information on the Assessor's map, parcel and lot number for the property
on which the well is located, prior to issuance of the well destruction permit.
(2)
Any abandoned well shall be filled and sealed with clean
puddled clay, neat cement grout, or concrete grout in such a manner as to
prevent it from acting as a channel for pollution to the groundwater.
(3)
Within 30 days after completion of the destruction of
any private well, the well owner or well driller acting as agent for the well
owner shall submit to the Board of Health a report containing the following:
A.
Well construction permit.
(1)
No well shall be installed, altered, or repaired until
a well construction permit has been obtained from the Board of Health, which
shall expire six months from the date of issue unless construction has begun.
(2)
The fee for this permit shall be set by the Board of
Health; the fee for each well construction permit shall be $45.
(3)
An application for a well construction permit shall be
submitted by the drilling contractor or his agent to the Board of Health on
forms furnished by the Board. The well driller is responsible for obtaining
said permit prior to well construction.
(4)
The location, and design of the water well must be approved
by the Board of Health prior to issuance of a well construction permit. Prior
to approval, the Board of Health requires the following to be submitted:
(a)
The Assessor's map, parcel and lot number of the property
on which the well will be located.
(b)
Design and capacity of the water system, as described under well yield and water system design (§ 397-8G).
(c)
A site plan, drawn by a registered professional civil
engineer, registered sanitarian, or registered land surveyor showing the proposed
location of the well in relation to building foundations, property lines,
building sewer lines, the subsurface sanitary disposal systems serving the
lot, all other septic systems within 200 feet, and any other known potential
sources of contamination within 200 feet which could affect the well. Such
sources of contamination shall include sanitary landfills; auto junkyards;
municipal sewage treatment facilities with on-site disposal of primary or
secondary effluent; car washes; road salt stockpiles; dry-cleaning establishments;
boat and motor vehicle service and repair; cabinetmaking; electronic circuit
assembly; metal plating, finishing, and polishing; motor and machinery service
and assembly; commercial paint, wood preserving, and furniture stripping;
sites where pesticides and herbicides are regularly applied, including golf
course and cranberry bogs (but not including pesticide application at single-family
dwellings); photographic processing; printing; chemical and bacteriological
laboratories; transportation terminals; funeral homes; any principal use involving
the sale, storage, or transportation of fuel or oil; and any use which involves
as a activity the manufacture, storage, use, transportation or disposal of
toxic or hazardous materials. To meet this requirement, well location shall
be shown on the same plot plan submitted to the Board of Health for approval
of septic systems installation.
(d)
A registered civil engineer or registered land surveyor
must determine and mark the location of the well on the lot prior to its installation.
(5)
For emergency repair, alteration, or replacement of an
existing well, the Board of Health may waive the requirements that a site
plan be submitted and that the location of the well be staked on the lot.
(6)
Permit conditions. All permits issued shall be subject
to the conditions that all facilities shown shall be constructed in the location
approved by the Board of Health. All permits issued shall be subject to the
requirements of these regulations and to such further conditions as the Board
of Health shall prescribe.
B.
Well construction (wells intended for human consumption).
(1)
The Board of Health recommends that well construction
meet the guidelines outlined in the New England Water Well Drillers Association
Ground Water Quality Control Well Construction Code.
(2)
The top of a well shall be above ground that is higher
than any surface sources of contamination and above any known conditions of
flooding by drainage or runoff from the surrounding land, unless located in
a floodproofed well house.
(3)
Wells must be constructed so as to maintain existing
natural protection against all known or potential pollution of the groundwater
and to exclude all known sources of pollution from entering the well.
(4)
All nonyielding holes which are installed in the process
of constructing a well must be filled so as to not act as a conduit to the
groundwater.
(5)
A metal tag shall be affixed to the top of the well casing
at the time of installation so that the well may later be located if necessary
by a metal detector.
(6)
In areas where salt water or other pollutant intrusion
is known or likely to occur, the Board of Health, working with a designing
engineer, may specify the well screen level, pumping rate, water
storage capacity, or any other construction parameter which must be used to
ensure that water of adequate quality is obtained.
C.
Well driller's report. Within 30 days after completion
of the construction of any well, the well driller shall submit to the Board
of Health a copy of the water well completion report. The Board of Health
will not issue a certificate of approval for the well until this report has
been received.
D.
Well destruction.
(1)
Prior to destruction of any well, a well destruction
permit must be obtained by the owner or his agent from the Board of Health.
The Board of Health will require a site plan showing the well location, including
information on the Assessor's map, parcel and lot number for the property
on which the well is located, prior to issuance of the well destruction permit.
(2)
Any abandoned well shall be filled and sealed with clean
puddled clay, neat cement grout, or concrete grout in such a manner as to
prevent it from acting as a channel for pollution to the groundwater.
(3)
Within 30 days after completion of the destruction of
any private well, the well owner or well driller acting as agent for the well
owner shall submit to the Board of Health a report containing the following:
E.
Well location.
(1)
In general, wells intended for human consumption shall
be located as far as possible from potential sources of contamination. The
following minimum distances are required:
(a)
Property line: 10 feet.
(b)
Roadway: 10 feet from edge of road layout (not edge of
pavement).
(c)
Leaching catch basin/dry well: 50 feet, but recommend
that this distance be maximized.
(d)
Utility rights-of-way: 50 feet, but recommend that this
distance be maximized.
(e)
Septic tank: 100 feet.
(f)
Septic leaching facility: 150 feet.
(g)
Septic distribution box: 100 feet.
(h)
Subsurface drains: 25 feet, but recommend that this distance
be maximized, as pollutants frequently travel along the outside of subsurface
drain pipes.
(2)
Where, in the opinion of the Board of Health, adverse
conditions exist, the above distances may be increased. In certain cases,
the Board of Health may require the owner to provide additional means of protection.
Where possible, the well shall be located up the groundwater gradient from
sources of contamination.
F.
Water quality.
(1)
Prior to approval of the well and approval of a disposal
works construction permit application, the owner or his agent shall take a
water sample(s) from the well and submit it to a state certified testing laboratory
for analysis, with the cost to be borne by the owner. The results of all analyses
shall be submitted to the Board of Health. At a minimum, water must be tested
for the following chemical and bacteriological standards: total coliform,
nitrate-nitrogen, pH, conductivity, sodium, iron, and EPA methods 502.1/503
or 502,2 or 524.1 or 524.2. These tests include analyses for purgeable halocarbons
and purgeable aromatics, as well as analyses for petroleum hydrocarbons or
pesticides.
(2)
The Board of Health will determine potability of the
well water using as guidelines the National Interim Primary and Secondary
Drinking Water Standards and the U.S. EPA Maximum Contaminant Levels (MCLs).
The water quality standards for common parameters are as follows:
|
Primary Standards
| ||
|---|---|---|
|
Total coliform
|
0 colonies/100 ml MF
| |
|
Nitrate
|
10 ppm
|
|
Secondary Standards
| ||
|---|---|---|
|
pH
|
Recommend pH above 5.0
| |
|
Sodium
|
20 ppm
| |
|
Iron
|
0.3 ppm
|
(3)
When the Board of Health deems it necessary, the Health
Agent or other agent of the Board of Health may be present to witness the
taking of a water sample and/or may take the water sample and deliver it to
the testing laboratory him/herself.
(4)
The Board of Health further recommends that all well
owners have their wells tested at a minimum of every two years, and at more
frequent intervals when water quality problems are known to exist.
G.
Well yield and water system design.
(1)
Before approval, every well shall be pump tested to determine
yield. The pump test shall include a drawdown test at a minimum pumping rate
of five gallons per minute for one hour.
(2)
The design of the water system, including well, pump,
storage tank, and other accessories must be adequate to provide a water capacity
in gallons per minute which equals the number of water fixtures installed;
in addition, capacity (in gpm) must not be less than the peak demand for the
largest fixture installed. For the purposes of this regulation a fixture is
defined as a water outlet, and includes faucets, sinks, toilets, bathtubs,
washing machines, dishwashers, and the like.
(3)
In areas where salt water or other pollutant intrusion
exists or is believed likely, and where the Board of Health (in conjunction
with a designing engineer, as outlined under well construction) has determined
a well pumping rate which must be used to prevent further contamination, the
Board of Health may specify design criteria for the building and water system
served by the well, so that the water storage tank, number of fixtures and
habitable space are compatible with the pumping capacity of the well.
H.
Submission of well water test results.
(1)
Prior to issuance of a certificate of approval for a
well intended for human consumption, the results of all water quality and
yield tests shall be submitted to the Board of Health. The owner of the property
which the well will serve, or the well driller acting as agent for the owner,
shall certify, on a form provided by the Board of Health, the following:
(a)
The location, and date the sample was taken, and the
laboratory at which it was analyzed;
(b)
That the water sample whose analysis results were submitted
to the Board of Health was taken from the well for which approval is being
sought; and
(c)
The results of the yield test performed by the well driller.
I.
Well approval.
(1)
New wells shall not be placed into use for human consumption
until the Board of Health has approved the potability and quantity of the
water provided and issued a certificate of approval for the well to the owner
of the property which the well serves.
(3)
In addition, for wells installed at newly constructed
buildings, the Board of Health shall require that a certified plot plan, drawn
by a registered land surveyor or registered professional civil engineer, be
submitted to the Board of Health. Such plot plan must show the actual location
of the well on the lot as cross tie distances from lot corners, and must show
the location of the septic system, as installed, in relation to the well.
The plot plan must also identify, by Assessor's map, parcel and lot number,
the property on which the well is located. This information may be included
in the certified plot plan required by the Building Commissioner which shows
the location of the foundation on the lot. [1]
(4)
The Board of Health shall not approve a building permit
or a certificate of occupancy until it has issued a certificate of approval
for the well serving that building.
(5)
Wells which fail to meet some or all of the requirements
in these regulations may be approved by the Board of Health after a hearing
at which a variance from these standards may be granted.
J.
Existing wells serving rental properties.
(1)
The owner of every well intended for human consumption
serving property which is rented or leased shall have its water tested at
a state certified laboratory for the following chemical and bacteriological
standards at a minimum of once every two years: total coliform, nitrate-nitrogen,
pH, conductivity, sodium, and iron; and for EPA Methods 502.1/503 or 502.2
or 524.1 or 524.2 at a minimum of once every five years. Where water quality
problems are known or suspected to exist, the Board of Health may require
more frequent testing or testing for additional parameters.
(2)
Results of all water quality tests shall be made available
to all tenants of the property and to the Board of Health, by the owner of
the property.
(3)
In cases where the well water does not meet the water
quality standards outlined above, the Board of Health may require the property
owner to provide an alternative approved source of drinking water for the
tenants.
K.
Test of water quality upon transfer of real estate.
(1)
Prior to selling, conveying, or transferring title to real property in the Town of Barnstable, the owner thereof shall have tested the water of every private potable well serving that property. A water sample from each well shall be submitted to a state certified laboratory for testing for the parameters outlined under water quality above in Subsection F. This water quality test shall be performed not more than one year prior to transfer of the property. Results of the water test shall be submitted to the Board of Health prior to property transfer on a form provided by the Board of Health on which the owner will certify that the sample was taken from the well serving the property being transferred.
(2)
In addition, the owner shall give copies of all water
test results of which he has knowledge (regardless of age of results) for
the private potable well in question to any buyer and/or broker identified
with the transfer. In the event that there is no buyer at the time the water
is tested, a copy of all water test results must be given by the owner to
the buyer before the property is put under agreement.
(3)
This regulation shall not apply to the conveyance or
devise of a property to a surviving spouse or to any of the heirs or devises
of the property owner, and further, shall not apply to a sale under power
of sale in a bona fide mortgage affecting the property.
The Board of Health may, at its discretion, require single-family, multifamily,
or commercial structures located within 300 feet of a municipal waterline
to connect to municipal water.
Any well regulated pursuant to the Water Management Act, MGL Chapter
21G, which governs any well that withdraws an average volume of water in excess
of 100,000 gallons of water per day, is exempt from the regulations established
herein.
A.
The Board of Health may vary the application of any provision
of this article with respect to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice, provided that the decision
of the Board of Health shall not conflict with the spirit of these minimum
standards nor with the protection of human health and environmental quality.
B.
Every request for a variance shall be made in writing
and shall state the specific variance requested and the reasons therefor.
Any variance granted by the Board of Health shall be in writing. Any denial
of a variance shall also be in writing and shall state the reasons for the
denial. A copy of any variance granted shall be available to the public at
all reasonable hours in the office of the Town Clerk or the Board of Health
while it is in effect.
C.
Any variance or other modification authorized to be made
by these regulations may be subject to such qualification, revocation, suspension
or expiration as the Board of Health expresses in its grant. A variance or
modification authorized to be made by these regulations may otherwise be revoked,
modified or suspended, in whole or in part, only after the holder thereof
has been notified in writing and has been given an opportunity to be heard
in conformity with the requirements of 310 CMR 11.00 for orders and hearings.
D.
As a condition of granting a variance, the Board of Health
may require a restriction to be recorded at the Registry of Deeds when, in
the opinion of the Board of Health, knowledge that the well does not meet
minimum standards would benefit future potential consumers of water supplied
by the well.
E.
The provisions of Title 1 of the State Environmental
Code (310 CMR 11.00) shall govern the enforcement of these regulations.
Each section of these rules and regulations shall be construed as separate.
If any section, regulation, paragraph, sentence, clause, phrase or word of
these rules and regulations shall be declared invalid for any reason, the
remainder of these rules and regulations shall remain in full force and effect.
