[Added 2-9-1988; 7-2-2018; 8-2-2021 by Board of Health; 9-13-2021 by Board of Health]
The purpose of this article is to provide for the protection
of the public's health, safety, welfare, and the environment by, among
other things, requiring the proper siting, construction and testing
of all private drinking wells, irrigation/agricultural wells, and
geothermal wells.
This article is adopted by the Chelmsford Board of Health, pursuant
to its authority under Massachusetts General Laws, Chapter 111, § 31.
This article supersede all previous regulations for private wells
adopted by the Board of Health.
As used in this article, the following terms shall have the
meanings indicated:
Any person designated and authorized by the Board to implement,
in whole or part, this article. To the extent provided by the Board,
the agent shall have all the authority of the Board and shall be directly
responsible to the Board and under its direction and control.
The cultivation of land, raising crops, and feeding, breeding,
and raising livestock; farming; the production of crops, livestock
or poultry for profit or personal uses; to include the housing of
livestock for profit or personal recreational activities.
Any person who applies to have a private well constructed.
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.
A mixture of bentonite (API Standard 13A) and water in a
ratio of not less than one pound of bentonite per gallon of water.
The Board of Health of Chelmsford, Massachusetts, or its
authorized agent.
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire to dig or drill wells within the
Commonwealth of Massachusetts.
Impervious durable pipe placed in a boring to prevent the
walls from caving and to serve as a vertical conduit for water in
a well.
A laboratory certified by the Department of Environmental
Protection for the analysis of drinking water and required water quality
analytes. Provisional certification is acceptable.
Any person certified with the Department of Environmental
Protection Well Driller Program to dig or drill wells in the Commonwealth
of Massachusetts.
A mixture consisting of Portland cement (ASTM Standard C150,
type I or API Standard 10, Class A), sand, gravel, and water in a
proportion of not more than five parts of sand plus gravel to one
part cement, by volume, and not more than six gallons of water. One
part cement, two parts sand, and three parts gravel are commonly used
with up to six gallons of water.
The building or place of shelter in which individuals live;
a place of residence, abode, home.
A well that is intended to produce water for uses other than
human consumption, to include watering lawns, gardens, and agricultural
use for livestock, crops, and the like.
Except as hereinafter provided, an irrigation only/other nonpotable
uses only well, shall not be used as a source of water for human consumption
and is a secondary source of water. The irrigation-only/other nonpotable
uses well shall not be connected at any time to a dwelling or a building
unless the well meets the requirements of a private drinking water
well and has the Board's written approval. All irrigation-only wells
must have Board-approved signage posted on site.
An irrigation-only/other nonpotable uses only well may be plumbed
into a structure, such as a barn, stable, or silo, which houses livestock
or in which crops are cultivated or stored, for the sole purpose of
providing for the care of such livestock and crops, and the maintenance
of the structure which houses the livestock, or in which the crops
are being cultivated and stored, with the prior written approval of
the Board in each instance. Written approval of the Board shall be
at the sole discretion of the Board and shall require at a minimum
clear and convincing evidence (a) that the irrigation only/other nonpotable
uses only well will not be available for use as a source of water
for human consumption within the structure, (b) that appropriate controls
are in place which will hinder the use of the irrigation only/other
nonpotable uses only well as a source of human consumption within
the structure, and (c) that a notice or notices, in such number, form,
dimensions and verbiage as the Board may deem appropriate, are predominantly
displayed within and upon the structure strictly prohibiting human
consumption of water from the irrigation only/other nonpotable uses
only well. Any plumbing of the well must be color-coded and tagged
dictating a potable or nonpotable well. Plumbing must be green for
a potable well and yellow for a nonpotable well.
Under no circumstances shall an irrigation-only/other nonpotable
uses only well be plumbed into a structure providing a source of water
for human consumption, or into a bathroom, kitchen, breakroom, or
any living area within any such structure, unless the irrigation-only/other
nonpotable uses only well meets the criteria of a private drinking
water well and has the prior written approval of the Board. The applicant
must provide written documentation to show that a private water line
is not accessible in any abutting way, and that permission to tie
into such waterline cannot be obtained from the authority having jurisdiction
over the water line.
Animal, such as cattle, pigs, poultry, or horses, raised
for home use or profit, especially on a farm, that have been domesticated
and are kept by individuals or businesses as a working animal, food
source, or a pet, especially a member of those species that have,
through selective breeding, become notably different from their wild
ancestors; intending and meaning to exclude from this definition exotic
animals of foreign origin or character, not native or indigenous to
its owner's locale; or introduced from abroad and not fully naturalized.
Massachusetts Department of Environmental Protection.
A mixture consisting of one bag (94 pounds) of Portland cement
(ASTM Standard C 150, Type I or API Standard 10, Class A) to not more
than six gallons of clean water. Bentonite (API Standard 13A), up
to 2% by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase
fluidity and/or control setting time.
An individual, corporation, company, association, trust,
or partnership.
Water that is safe to drink or to be used for food preparation,
without risk of health problems.
Any dug, driven, or drilled hole, with a depth greater than
its largest surface diameter constructed or used to supply water for
human consumption that is not regulated by 310 CMR 22.00.
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
A mixture consisting of Portland cement (ASTM Standard C150,
Type I or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight, of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
The level of water in a well under nonpumping conditions.
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.
Water on the surface of the ground such as lakes, streams,
rivers, natural or man-made ponds, impoundments, wetlands or reservoir.
A.
A Massachusetts-certified well driller shall obtain a permit from
the Board of Health prior to the commencement of construction of a
private well.
B.
Each permit application to construct a well shall include the following:
(1)
The property owner's name and address.
(2)
The well driller's name and proof of valid Massachusetts certification.
(3)
A plan with a specified scale, signed by a registered surveyor
or engineer, showing the location of the proposed well in relation
to existing or proposed above or below ground structures.
(4)
A description of prior and current land uses within 200 feet
of a residential site and 400 feet of agricultural, commercial, or
industrial site from the proposed well location, which represent a
potential source of contamination, including, but not limited to the
following:
(5)
Proof that the owner of any property abutting the applicant's
property has been notified of the applicant's intention to install
a well.
(6)
A permit fee of $125 (as set annually by the Board of Health).
C.
The permit shall be on site at all times that work is taking place.
Each permit shall expire six months from the date of issuance unless
revoked for cause or extended. Permits may be extended for one additional
six-month period provided that a written explanation for the request
is received by the Board prior to the one-year expiration date.
D.
Well construction permits are not transferable.
A.
The issuance of a water supply certificate by the Board shall certify
that the private well may be used as a drinking water supply. A water
supply certificate must be issued for the use of a private well prior
to the issuance of an occupancy permit for an existing structure or
prior to the issuance of a building permit for new construction which
is to be served by the well.
B.
C.
Upon the receipt and review of the above documents, the Board shall
make a final decision on the application for a water supply certificate.
A final decision shall be in writing and shall comprise one of the
following actions:
(1)
Issue a water supply certificate.
(2)
Deny the applicant a water supply certificate and specify the
reasons for the denial.
(3)
Issue a conditional water supply certificate with those conditions
which the Board deems necessary to ensure fitness, purity, and quantity
of the water, derived from that private well. These conditions may
include, but not be limited to, requiring treatment and/or additional
testing of the water.
A.
In locating a well, the applicant shall identify on a plan all potential
sources of contamination which exist or are proposed within 200 feet
of the site if residential and 400 feet if agricultural, commercial,
or industrial. When possible, the well shall be located up gradient
of all potential sources of contamination and shall be as far away
from potential sources of contamination as possible, given the layout
of the property.
B.
No well shall be permitted for use as a potable water source unless
it meets the following setback requirements:
(1)
Fifteen feet from the property line;
(2)
Fifty feet from public or private roadway;
(3)
Twenty-five feet from right-of-way;
(4)
Fifty feet from building sewer line or septic tank;
(5)
One hundred feet from leaching field or drywell;
(6)
One hundred feet from stable, barnyard, manure storage;
(7)
Fifteen feet from power line or overhead distribution line;
(8)
Fifty feet from any surface water, including but not limited
to wetlands.
C.
The Board reserves the right to impose minimum setback requirements
from other potential sources of contamination not listed above. All
such additional setback requirements shall be listed, in writing,
as a condition of the well construction permit.
D.
Each private well shall be located so that it is accessible for repair,
maintenance, testing, and inspection. The well shall be completed
in a water bearing formation that will produce the required volume
of water under normal operating conditions.
E.
Water supply lines shall be installed at least 10 feet from and 18
inches above any sewer line.
F.
Well heads must be 18 inches above grade. Whenever water supply lines
must cross sewer lines, both lines shall be constructed of Class 150
pressure pipe and shall be pressure tested to assure water tightness.
G.
No private residential well, or its associated distribution system,
shall be connected to either the distribution system of a public water
supply system or any type of waste distribution system.
H.
There shall only be one service by a private well. If two or more
dwellings are connected to one private well it shall be treated as
a public water supply by this Board and must meet all requirements
for testing required by the state statue.
A.
The applicant shall submit to the Board for review and approval a
pumping test report. The pumping test report shall include, at a minimum,
the name and address of the well owner, well location referenced to
at least two permanent structures or landmarks, date the pumping test
was performed, depth at which the pump was set for the test, location
for the discharge line, static water level immediately before pumping
commenced, discharge rate and, if applicable, the time the discharge
rate changed, pumping water levels and respective times after pumping
commenced, maximum drawdown during the test, duration of the test,
including both the pumping time and the recovery time during which
measurements were taken, recovery water levels and respective times
after cessation of pumping, and reference point used for all measurements.
B.
In order to demonstrate that the well capacity can provide the required
volume of water, a pumping test shall be conducted in the following
manner:
(1)
The volume of water necessary to support the household's daily
need shall be determined using the following equation: (number of
bedrooms plus one bedroom) x (110 gallons per bedroom) x (safety factor
of 2) = number of gallons needed daily.
(2)
The storage capacity of the well shall be determined using the
measured static water level and the depth and radius of the drill
hole or casing.
C.
The pumping test may be performed at whatever rate is desired. Following
the pumping test, the water level in the well must be shown to recover
to 100% of the pre-pumped static water level within a twenty-four-hour
period.
(1)
Example 1: a one-bedroom house with a well six inches in diameter
containing 200 feet of standing water:
(a)
One bedroom + one bedroom = (two bedrooms) x (110 gallons per
bedroom) x (safety factor of two) = 440 gallons needed daily.
(b)
The volume of a six-inch well is 1.5 gallons for every foot
of water column length. Therefore, (200 feet of standing water) x
(1.5 gallons per feet) = 300 gallons.
(c)
Four hundred forty gallons + 300 gallons = 740 gallons that
must be pumped from the well in 24 hours or less to demonstrate suitable
capacity. Recovery to 100% of the static water level must also occur
within 24 hours after cessation of pumping.
(2)
Example 2. For a four-bedroom house with a well that is six
inches in diameter containing 100 feet of standing water:
(a)
Four-bedroom house + one bedroom = (five bedrooms) x (110 gallons
per bedroom) x (safety factor of two) = 1,100 gallons needed daily.
(b)
The volume of a six-inch well is 1.5 gallons for every foot
of water volume length. Therefore, (100 feet of standing water) x
(1.5 gal/ft.) = 150 gallons.
(c)
One thousand gallons + 150 gallons = 1,250 gallons that must
be pumped from the well in 24 hours or less to demonstrate suitable
capacity. Recovery to at least 85% of the static water level must
also occur within 24 hours after cessation of pumping.
A.
After the construction of the well has been completed and disinfected,
and prior to using it as a private drinking water well, baseline water
quality testing shall be conducted.
B.
A water sample shall be collected either after purging three well
volumes or following the stabilization of the pH, temperature, and
specific conductance in the pumped well. The water sample to be tested
shall be collected at the pump discharge or from a disinfected tap
in the pump discharge line. In no event shall a water treatment device
be installed prior to sampling.
C.
Initial water quality testing, utilizing the applicable US EPA approved
method for drinking water testing, shall be conducted by a Massachusetts-certified
laboratory in good standing. The Massachusetts-certified laboratory
must not be under review or revocation from DEP. The Massachusetts-certified
lab must include their state-issued ID number on the report and shall
include analysis for the following parameters:
(1)
Alkalinity magnesium.
(2)
Ammonia mercury.
(3)
Arsenic nitrate/nitrite.
(4)
Calcium odor.
(5)
Chloride pH.
(6)
Chlorine potassium.
(7)
Color sodium.
(8)
Copper sulfate.
(9)
E. coli bacteria turbidity.
(10)
Fluoride total coliform bacteria.
(11)
Hardness VOC 524.
(12)
Iron.
(13)
Lead.
(14)
Manganese.
D.
When testing for bacteria the sample must not contain chlorine.
E.
In wells drilled into bedrock the Board of Health requires that in
addition to the parameters listed above, a gross alpha screen and
radon test be performed. If the gross alpha screen detects radiation
of 15 pci/l or more, then the water must be analyzed for radium and
uranium concentrations.
F.
The owner of every well used for drinking water serving a property
which is rented or leased shall have its water tested at a Massachusetts
certified laboratory for the following chemical and bacteriological
parameters at a minimum of once a year: total coliform bacteria, e.
coli bacteria, nitrate, nitrite, pH, sodium, and iron. All other required
chemical parameters should be tested at a minimum of every 10 years.
The Board of Health may require more frequent testing, or testing
for additional parameters, where other water quality problems are
known or suspected to exist.
G.
The owner of a rental property shall submit results of all water
quality tests annually to the Board of Health and make results available
to all tenants of the property. 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.
H.
Prior to selling, conveying, or transferring title to real property,
the owner shall have tested the water of every private drinking water
well serving that property. A water sample from each well shall be
submitted to a Massachusetts certified laboratory for testing for
the parameters listed in the Water Quality section of this document.
This water quality testing shall have been performed not more than
one year prior to transfer of the property. Results of the water quality
testing shall be submitted to the Board of Health prior to property
transfer.
I.
In addition, the owner shall give copies of all available water quality
test results of which he/she has knowledge (regardless of age of results)
for the private well in question to any buyer and/or broker involved
in 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.
J.
For irrigation only/other nonpotable uses only wells, the Board recommends
annual testing for E. coli bacteria and nitrate/nitrite, as accidental
consumption could result in acute exposure.
K.
Water quality sampling for geothermal wells is not required under
this article. Parameters required for these types of wells are specified
in the MassDEP Ground Source Heat Pump permitting requirements.
L.
The Board reserves the right to require retesting of the above parameters,
or testing for additional parameters when, in the opinion of the Board,
it is necessary due to local conditions or for the protection of public
health, safety, welfare and the environment. All costs and laboratory
arrangements for the water testing are the responsibility of the applicant.
M.
Following a receipt of the water quality test results, the well owner
shall submit a water quality report to the Board, which includes:
N.
This article requires that private drinking water wells meet all
current Massachusetts' Primary and Secondary Drinking Water Standards
and Guidelines adopted by the MassDEP Office of Research and Standards
(ORS). In any case where a private drinking water well does not meet
such standards or guidelines, as it deems necessary for the protection
of public health, safety or welfare, that the Board may take action,
but not limited to, requiring the property owner to provide an alternative
source of drinking water.
A.
Pursuant to 310 CMR 46.02(1), no person in the business of digging
or drilling shall construct a well unless certified by the MassDEP
Well Drillers Program.
B.
Any work involving the connection of the private well to the distribution
system of the residence must conform to the local plumbing code. All
electrical connections between the well and the pump controls and
all piping between the well and the storage and/or pressure tank in
the house must be made by a pump installer or certified well driller,
including the installation of the pump and appurtenance(s) in the
well or house.
C.
It is prohibited by 310 CMR 22.22(2)(j) to have a cross connection
between a public water system and a private well used for either drinking
water or irrigation purposes.
D.
A physical connection is not permitted between a water supply which
satisfies the requirements of this article, and another water supply
that does not meet the requirements of this article without prior
approval of the Board.
E.
General well design and construction. All private wells shall be
designed and constructed such that:
(1)
The materials used for the permanent construction are durable
in the specific hydrogeologic environment that occurs at the well
site.
(2)
No unsealed opening is being left around the well that could
conduct surface water or contaminated groundwater vertically to the
intake portion of the well or transfer water from one formation to
another.
(3)
Permanent construction materials shall not leach or contribute
toxic substances, taste, odors, or bacterial contamination to the
water in the well.
(4)
The driller shall operate all equipment according to generally
accepted standards in the industry and shall take appropriate precautions
to prevent damage, injury or other loss to persons and property at
the drilling site.
(5)
Well construction design shall ensure that surface water does
not enter the well through the opening or by seepage through the ground
surface. Construction site waste and materials shall be disposed of
in such a way as to avoid contamination of the well, any surface water
or the aquifer. During any time that the well is unattended, the contractor
shall secure the well in a way as to prevent either tampering with
the well and/or the introduction of foreign material into the well.
(6)
All water used for drilling, well development, or to mix a drilling
fluid shall be obtained from a source which will not result in contamination
of the well or the water bearing zones penetrated by the well. Water
from wetlands, swamps, ponds, and other similar surface features shall
not be used.
(7)
Water shall be conveyed in clear sanitary containers or water
lines and shall be chlorinated to an initial concentration between
50 mg/l and 100 mg/l. All drilling equipment, including pumps and
down hole tools, shall be cleaned and disinfected prior to drilling
each new well or test hole.
(8)
All drilling fluids shall be nontoxic. Drilling fluid additives
shall be stored in clean containers and shall be free of material
that may adversely affect the well, the aquifer, or the quality of
the water to be pumped from the well. Surfactants shall be biodegradable.
The use of biodegradable organic polymers shall, when possible, be
avoided.
(9)
All wells, including those that have been hydro-fractured, shall
be developed in order to remove fine materials introduced into the
pore spaces or fractures during construction. One or more of the following
methods shall be used for development: over-pumping, backwashing,
surging, jetting, air-lift pumping.
(10)
The completed well shall be sufficiently straight so that there
will be no interference with installation, alignment, operation, or
future removal of the permanent well pump.
F.
Well casing.
(1)
Private water supply wells shall be constructed using either
steel or thermoplastic well casing. The casing shall be of adequate
strength and durability to withstand anticipated formation and hydrostatic
pressures, the forces imposed on it during installation, and the corrosive
effects of the local hydrogeologic environment.
(2)
All casing used in the construction of private wells shall be
free of pits, breaks, gouges, deep scratches and other defects. If
previously used casing is installed, it shall be decontaminated and
disinfected prior to installation.
(3)
Installation of water well casing shall be done in a manner
that does not alter the shape, size, or strength of the casing and
does not damage any of the joints or couplings connecting sections
of the casing. A standard drive shoe shall be used when casing is
installed. The drive shoe shall be either welded or threaded to the
lower end of the string of casing and shall have a beveled metal cutting
edge forged, cast, or fabricated for this specific purpose.
(4)
Upon completion of the installation procedure, the entire length
of the casing above the intake shall be watertight.
(5)
Well casing shall not be cut off below the land surface unless
a pitless adapter or a pitless unit is installed or an abandoned well
is being permanently plugged. If a pitless adaptor is installed, it
must be inspected annually by a licensed well professional and the
report must be submitted to the Board of Health. Well casing terminating
above-grade shall extend at least 12 inches above the predetermined
ground surface at the wellhead except when the well is located in
a floodplain. When a well is located in a floodplain, the well casing
shall extend at least two feet above the level of the highest recorded
flood. The top of the well casing shall be reasonably smooth and level.
G.
Well screen. A well screen is required for all drilled wells that
are completed in unconsolidated formations. All well screens shall
be of Grade 304 stainless steel. Wells completed in bedrock do not
require a screen unless the bedrock formation is brittle in nature
or has a potential for collapse. The well screen aperture openings,
screen length, and diameter shall be selected so as not to limit the
aquifer's water yielding characteristics while preventing access of
soil particles that would detract from well efficiency and yield.
H.
Grouting and sealing.
(1)
Private wells drilled in bedrock shall be grouted from the ground
surface or to the bottom of the pitless adaptor (if present) to 15
feet into competent bedrock. Neat cement grout, sand cement grout,
or Bentonite grout shall be used. It shall have a permeability of
at least one by 10-7 and be emplaced using standard grouting techniques
as described in the MassDEP Private Well Guidelines, as amended.
(2)
All wells completed with the casing extending above grade shall
have a surface seal designed to eliminate the possibility of surface
water flowing down the annular space between the well casing and the
surrounding backfilled materials. The surface seal shall extend to
a depth below the local frost line.
I.
Wellhead completion.
(1)
All wells shall be equipped with a sanitary seal or watertight
cap designed to prevent surface water and foreign matter from entering
the well.
(2)
All wells except flowing artesian and dug wells shall be vented.
The opening of the vent pipe shall be covered with a twenty-four-mesh
corrosion resistant screen and shall be large enough to prevent water
from being drawn into the well through electrical conduits or leaks
in the seal around the pump when the pump is turned on. The vent pipe
shall terminate in a downward position at or above the top of the
casing.
(3)
All connections to a well casing made below ground shall be
protected by either a pitless adapter or a pitless unit that complies
with the most recent revision of National Sanitation Foundation Standard
Number 56, entitled "Pitless Well Adapters."
(4)
Above-grade connections into the top or side of a well casing
shall be at least 12 inches above the established ground surface or
two feet above the level of the highest known flood, whichever is
higher. Above-grade connections shall be sealed so that they are watertight.
(5)
The ground immediately surrounding the well casing shall be
sloped downward and away from the well in all directions to eliminate
the possibility of surface water ponding.
J.
Disinfection.
(1)
Upon completion of well construction, the well driller shall
disinfect the well. If a pump is to be installed immediately upon
completion of the well, the pump installer shall disinfect the well
and the pumping equipment after the pump has been installed.
(2)
If the pump is not installed upon completion of the well, the
pump installer shall, upon installation, disinfect the well and the
pumping equipment. The pump installer shall also disinfect the entire
water supply system immediately after any maintenance or repair work
is done on the pump.
(3)
When a well is disinfected, the initial chlorine concentration
shall be 100 mg/l throughout the entire water column.
(4)
For newly constructed or altered wells in which the pump is
not immediately installed, the chlorine concentration used to disinfect
the well shall be 100 mg/l. Upon installation of the pump, the well,
the pumping equipment, and the distribution system, if connected,
shall be disinfected with a chlorine concentration of 100 mg/l.
(5)
The disinfectant solution shall remain undisturbed in the well for a minimum of two hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a Massachusetts-certified laboratory. For new wells, the sample shall be tested pursuant to § 201-31.3 of this article.
(6)
Only certified well drillers are authorized to physically alter
or repair a well. For wells that have undergone repair, a sample shall
be tested for total coliform bacteria and any other parameters deemed
appropriate by the Board, prior to being put back in use.
A.
Surface water supplies for private water supplies shall be prohibited.
B.
Cisterns shall be prohibited for human consumption.
C.
Private well water systems intended as sources of potable water shall
not be approved where a public water line is accessible in any abutting
way and where permission to tie into such water line can be obtained
from the authority having jurisdiction over it. The Board of Health
may require the owner or occupant of an existing building or buildings,
wherever a public water line is accessible in an abutting way, to
cause such building or buildings to be connected with the public water
line in a manner and within a period of time satisfactory to the Board
of Health.
D.
No dug wells allowed for potable use.
E.
No irrigation-only well permit will be issued if a property is located
within an aquifer protection district or the zone of influence of
a municipal water well.
A.
Abandoned wells, test holes, and borings shall be decommissioned
so as to prevent the well, including the annular space outside the
casing, from being a channel allowing the vertical movement of water.
B.
The owner of a private well shall decommission the well if any of
the following criteria are met:
(1)
Construction of the well is terminated prior to completion of
the well.
(2)
The well owner notifies the Board that the use of the well is
to be permanently discontinued.
(3)
The well has been out of service for at least three years.
(4)
The well is a potential hazard to public health or safety and
the situation cannot be corrected.
(5)
The well is in such a state of disrepair that its continued
use is impractical or unsafe.
(6)
The well has the potential for transmitting contaminants from
the land surface into an aquifer or from one aquifer to another and
the situation cannot be corrected.
C.
The property owner shall ensure that all abandoned wells and test
holes or borings associated with the well installation are properly
plugged before work at the site is completed. Only certified well
drillers may plug abandoned wells, test holes, and borings.
D.
Abandoned overburden wells or borings shall be completely filled
with a low-permeability grout, which cures with a final permeability
of less than 1x10-7 cm/sec. Wells shall be plugged with neat cement
grout, sand cement grout, concrete, or bentonite grout.
E.
Regardless of the type used, the grout used for plugging shall:
(1)
Be sufficiently fluid so that it can be applied through a tremie
pipe from the bottom of the well upward.
(2)
Remain as a homogeneous fluid when applied to the subsurface
rather than disaggregating by gravity into a two-phase substance.
(3)
Be resistant to chemical or physical deterioration.
(4)
Not leach chemicals, either organic or inorganic, that will
affect the quality of the groundwater where it is applied.
F.
The plugging materials shall be introduced at the bottom of the well
or boring and placed progressively upward to a level approximately
four feet below the ground surface. Sealing materials shall not be
poured from the land surface into the well, borehole, or annular space
being sealed.
G.
The well driller shall install a surface seal after the well or boring
has been plugged. Before the surface seal is placed, casing remaining
in the hole shall be cut off. The remaining four feet at the top of
the well or boring shall then be filled with concrete. The top of
the seal shall comprise a concrete slab above the top of the plugged
well or boring. This concrete slab shall be at least six inches thick
and shall be at least two feet greater in diameter than the well casing
or borehole wall.
A.
The Board has authority to investigate suspected or known violations
of this article and/or violations of any water supply certificate
conditions. The Board may take actions, as it deems appropriate, within
its authority for the protection of public health, safety welfare,
or the environment, and to enforce any of the provisions of this article.
B.
If any investigation reveals a violation of this article or the water
supply certificate conditions, the Board may order the private well
owner to comply with the violated provision(s), and/or take other
action within its authority as the Board deems appropriate.
C.
Any order the Board issues shall be in writing and served in the
following manner:
(1)
Personally, by any person authorized to serve civil process,
(2)
By any person authorized to serve civic process by leaving a copy
of the order at the property owner's address.
(3)
By sending the property owner a copy of the order by registered or
certified mail, return receipt requested, or
(4)
By posting a copy of the order in a conspicuous place on or about
the premises and by advertising it for at least three out of five
consecutive days in one or more newspapers of general circulation
within the municipality where the private well is located, if the
property owner's last and usual place of residence is unknown or outside
the commonwealth.
A.
Any person to whom the Board issues an order may request a hearing
before the Board by filing with the Board within seven days after
the day the order was served a written request for a hearing. Upon
receipt of a hearing request, the Board shall set a time and place
for the hearing and shall inform the well owner in writing. The hearing
shall commence within 30 days from the day on which the written request
was made unless a later time is agreed to in writing by the Board
and the person requesting the hearing. At the hearing, the person
requesting the hearing shall be given an opportunity to be heard and
show why the order should be modified or withdrawn. After the close
of the hearing, the Board shall issue a written decision to sustain,
modify, or withdraw the order and shall mail a copy of the decision,
by certified mail, return receipt requested, to the person who requested
the hearing. If the Board sustains or modifies the order, it shall
be carried out within the time period allotted in the original order
or in the modification.
B.
Every notice, order, or other record prepared by the Board in connection
with the hearing shall be entered as a matter of public record in
the office of the clerk of the city or town, or in the office of the
Board.
C.
If a request for a hearing is not filed with the Board within seven
days after the day an order has been served or if after a hearing,
the order has been sustained in whole or any part, each day's failure
to comply with the order as issued or sustained shall constitute a
separate violation.
A.
Any person aggrieved by the final order, variance, well construction
permit, or certificate of water supply determination of the Board
may appeal to any court of competent jurisdiction as provided by the
laws of the commonwealth.
Any person who violates any provision of this article, or who
fails to comply with any final order of the Board, for which a penalty
is not otherwise provided in any of the Massachusetts General Laws,
shall upon conviction be fined not less then $25 nor more than $500.
Each day's failure to comply with a final order or any provision of
this article shall constitute a separate violation.
A.
The Board may grant a variance to any provision of this article when,
in its opinion, the enforcement would result in manifest injustice,
and the applicant has demonstrated that the equivalent degree of protection
will be provided without strict application of the particular provision(s)
sought to be varied.
B.
Every request for a variance shall be in writing and shall state
the specific provision of this article from which variance is sought,
the reasons for seeking the variance and proof of the notice required
below. The request shall also contain the information to establish
manifest injustice and equivalent degree of protection. At least 10
days prior to submission of the application to the Board, the applicant
shall provide notice of their intent to the request a variance as
follows: a) by certified mail, return receipt requested, to all abutters
of the property upon which the private well will be or is located;
and b) publication in a newspaper of general circulation in the town
or city in which the private well will be or is located. The notice
shall include, at a minimum, the name and address of the applicant,
a statement of the provision(s) of this article from which a variance
is sought, and the reason for seeking the variance. Any grant or denial
of a variance shall be in writing and shall contain a brief statement
of the reasons for approving or denying the variance. 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 Town Clerk or Office of the Board of Health. No work
shall be done under any variance until 30 days elapse from its issuance,
unless the Board certifies in writing that an emergency exists.
C.
The Board may issue a variance subject to such conditions as it deems necessary to public health, safety, welfare, or the environment. Any such conditions shall be stated in writing in the Board's grant of the variance. The Board may revoke, modify, or suspend, in whole or in part, a variance after the property owner has been notified in writing and is afforded an opportunity to be heard, pursuant to § 201-33 of this article.
If any provision of this article 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 this article
shall remain valid and effective. Any part of this article subsequently
invalidated by a new state law or modification of an existing state
law shall automatically be brought into conformity with the new or
amended law and shall be deemed to be effective immediately, without
recourse to a public hearing and the customary procedures for amendment
or repeal of such regulation.
This article was originally approved by vote of the Chelmsford
Board of Health, at their regularly scheduled meeting held on May
14, 2018. A public hearing was held at the June 4, 2018, regularly
scheduled Board of Health meeting. Before said date of June 4, 2018,
this article shall be published, and a copy placed on file in the
Board of Health Office. This article was accepted by vote of the Chelmsford
Board of Health at their regularly scheduled meeting on July 2, 2018,
and is to be in full force and effect on and after July 2, 2018. At
its hearing on August 2, 2021, the Board of Health adopted the recodification
of this article, without making any substantive changes to the provisions
herein. At its hearing on September 13, 2021, the Board of Health
a adopted the recodification of this article, without making any substantive
changes to the provisions herein. This article or any portions thereof
may be amended, supplemented, or repealed from time to time by the
Board, as provided by law and applicable regulations.
The issuance of a well permit shall not be construed as a guarantee
or certification by the Board or its agents that the water system
will function satisfactorily or that the water supply will be of sufficient
quality or quantity for its intended use.
