[HISTORY: Adopted by the Board of Health
of the Town of Yarmouth 4-7-1989. Amendments noted where applicable.]
This regulation is adopted by the Yarmouth Board
of Health under the auspices of MGL c. 111, § 31.
The purpose of this chapter is to protect the
groundwater used for drinking water purposes, lake and pond recharge
areas and coastal watersheds from contamination which may result from
concentrated sewage disposal.
A.
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, rivers, 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 conclusion is confirmed by findings
set forth in the Town of Yarmouth Water Resources Protection Study
(August 1988) prepared by IEP, Inc.
This chapter shall apply to all proposed subsurface
disposal systems with a design sewage flow of 2,000 gallons per day
or greater.
A.
The applicant(s) must demonstrate by written report
to the satisfaction of the Board that drinking water standards [including
five milligrams per liter (mg/l) nitrogen] will be met at the downgradient
property limit and that surface water standards will be met at downgradient
lakes and ponds (0.05 mg/l phosphorus) and estuaries (0.75 mg/l nitrogen),
including but not limited to Lewis Bay, Lewis Pond, Parkers River,
Swan Pond, Bass River, Chase Garden Creek, Mill Creek, Mill Pond,
Short Wharf Creek, Bass Creek, Clays Creek, Dennis Pond, Little Sandy
Pond, Hallets Mill Pond and Long Pond.
B.
The written report shall be prepared by a qualified
professional who is acceptable to the Board of Health and be based
upon the following scope of work:
(1)
Geologic borings.
(2)
Water table map (one-foot contour interval) showing
groundwater flow directions.
(3)
Projections of downgradient concentrations of nitrogen,
using the Board of Health Nitrate-Nitrogen Loading Regulation (or
other contaminants as requested by the Board of Health). Projections
of downgradient water quality will be determined utilizing two-dimensional
solute transport models and input variables approved by the Board
of Health.
(b)
Currently approved input variables include:
[1]
Transmissivity to be determined by on-site slug
or pump test.
[2]
Aquifer thickness to be determined by on-site
boring (location of confining layers and estimated plume thickness).
[3]
Dispersivity equals 40 feet longitudinal per
30 feet transverse.
[4]
Hydraulic gradient as determined by site-specific
water table map.
[5]
No retardation factor.
[6]
Sewage flows as determined by Title 5 design
flows.
C.
Applicants who receive permits under this regulation
shall install a minimum of three downgradient and one upgradient multilevel
wells placed on the property. Groundwater flow direction will be determined
from the USGS (1987) Water Table Map and from site-specific observation
wells where necessary. Wells will be constructed of two-inch threaded
flush joint PVC with locking caps. Groundwater samples will be obtained
on a quarterly basis using standard sampling procedures. Water samples
will be tested by a state-certified laboratory quarterly for nitrate-nitrogen,
ammonia-nitrogen, Kjeldahl nitrogen, total phosphorus, chlorides,
and specific conductance and annually for volatile organic compounds
(EPA Analytical Procedure 624) for the first three years of operation.
The frequency of sampling will then be reevaluated by the Board of
Health. Results are to be reported to the Yarmouth Board of Health
and shall meet Massachusetts Class I groundwater standards and appropriate
advisory levels for organic chemicals at the downgradient property
boundary. In the event that water quality standards are violated,
the following actions will be undertaken by the property owner(s):
(1)
Report results to Yarmouth Board of Health within
48 hours.
(2)
Resample wells and retest within five days.
(3)
Notify downgradient property owners within 48 hours.
(4)
Decrease wastewater flows or increase level of treatment
within 45 days.
(5)
Initiate remedial cleanup actions as deemed necessary
by the Yarmouth Board of Health.
D.
Nothing within this regulation shall prohibit approval
by the Board of Health for any applications involving the maintenance
and/or repair of an existing subsurface sewage disposal system, provided
that said application does not involve a change of use as defined
by Board of Health, Planning Board or Board of Appeals regulations.
Where a change of use is involved, the applicant must demonstrate
compliance with this regulation.
A.
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
installation of an on-site subsurface sewage disposal system or systems
will not have a significant adverse effect on public and/or private
drinking water resources, lakes, ponds, rivers, streams or any other
body of water.
B.
If applying for a variance, the applicant shall be
required to submit, but shall not be limited to, the following items/data:
geohydrological report (as noted above); direction of the groundwater
flow; depth to groundwater; population density; soil conditions; size,
shape and slope of the lot existing and known future water supplies;
nitrate and phosphorus loading calculations; and other information
deemed pertinent by the Board.
C.
A variance review fee may be assessed by the Board
of Health to retain the service(s) of an independent registered civil/sanitary
engineer and/or environmental consultant to conduct a review of the
submitted variance. The fee will be determined by the Board, based
on the complexity of the planned project and subsurface system or
systems and the time required to adequately review all plans, reports,
etc., along with the expected impact to ground and surface waters.
The applicant will pay the fee at the time of the variance request.
Any unused portion of the fee shall be refunded to the applicant after
the review.
