[HISTORY: Adopted by the Board of Health
of the Town of Yarmouth 4-7-1989. Amendments noted where applicable.]
Trace levels of volatile organic compounds have
been determined in some of the Yarmouth municipal wells. These chemicals
are likely to be the result of the cleaning of clogged septic systems
with products containing synthetic organic chemicals. Alternatives
include better maintenance of systems, Title 5 septic system upgrades
and hydrogen peroxide treatment or physical cleaning for clogged systems.
To minimize the risk of future contamination of groundwater by septic
cleaners, the Board of Health adopts the following regulation.
This regulation is adopted by the Yarmouth Board
of Health under the auspices of MGL c. 111, § 31.
A.
The purpose of this chapter is to protect the groundwater
used for drinking water purposes from contamination resulting from
the use of septic cleaners containing toxic and hazardous constituents.
The groundwater underlying this Town is the sole source of its existing
and future water supply, including drinking water, and the groundwater
aquifer is integrally connected with and flows into the surface waters,
lakes, ponds, streams and coastal estuaries which constitute significant
recreational and economic resources of the Town, used for bathing
and other water-related recreation, including shellfishing and fishing.
B.
The foregoing conclusions are confirmed by findings
set forth as follows:
(1)
The report "Water Resources Protection Study, Town
of Yarmouth (August 1988) prepared by IEP, Inc."
(2)
The report "Chemical Quality of Ground Water, Cape
Cod, Massachusetts (1979)," prepared by the United States Geological
Survey.
(3)
By the report titled "Chemical Contamination (September
1979)," prepared by the Special Legislative Commission on Water Supply,
Commonwealth of Massachusetts.
(4)
In the Environmental Impact Statement and Water Quality
Management Plan for Cape Cod (September 1978), prepared by the Cape
Cod Planning and Economic Development Commission, pursuant to Section
208 of the Federal Clean Waters Act.
The storage, use, sale or disposal of septic
cleaners containing synthetic organic chemicals is prohibited.
Variance from this regulation may be granted
by the Board of Health only if the applicant can demonstrate to the
satisfaction of the Board that enforcement thereof would do manifest
injustice, and the applicant must also prove to the Board of Health
that the storage, use, sale or disposal of septic cleaners will not
have a significant adverse effect on public and/or private drinking
water resources, ponds, lakes, rivers, streams and any other body
of water.
