Town of Yarmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Yarmouth as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands — See Ch. 143.
Subdivision of land — See Ch. 171.
Sewage disposal — See Ch. 200.
Sewage flow — See Ch. 201.
Underground storage tanks — See Ch. 205.
Water rules and regulations — See Ch. 225.
[Adopted 7-21-1986[1]]
[1]
Note: This regulation is temporary and will be in effect only until the Town adopts and implements a groundwater and water resource protection program.
Whereas the initial findings of a Town-wide Aquifer Management Study, Preliminary Estimate of Nitrogen Loading, by Wright-Pierce, consultants, dated March 31, 1986, indicate that a substantial portion of the Town's water supply may be in jeopardy from the long-term buildup of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent; whereas it has been proven that nitrate contamination in drinking water can be a serious public health problem; and whereas, based on these findings, immediate measures must be taken to mitigate the adverse impacts to the groundwater from such discharges, the Board of Health of the Town of Yarmouth has determined that the continued unregulated discharge of nitrate-nitrogen into the groundwater in the zones of contribution of the municipal water supply wells of the Town poses a future health hazard to all of the citizens of the Town, and the Board now adopts the following regulation.
No permit or permits shall be issued by the Board of Health of the Town of Yarmouth or its agents for subsurface sewage disposal systems for any new subdivisions, or lots shown on a plan for which approval under the Subdivision Control Law is not required and so endorsed by the Planning Board after the effective date of this regulation (ANR lots), or new multi-unit housing on a lot or lots located in whole or in part within zones of contribution, as hereinafter defined, unless the applicant or applicants for such permits demonstrate by a written report to the satisfaction of the Board that the nitrate loading, calculated as hereinafter described, will not exceed five parts per million (ppm) for any individual lot or in the aggregate for all units. Any subsurface sewage disposal permit subsequently issued for such new subdivision, or lots shown on a plan for which approval under the Subdivision Control Law is not required and so endorsed by the Planning Board after the effective date of this regulation, or new multi-unit housing pursuant to this regulation, shall require the execution and filing of a deed restriction prior to the Health Department issuing approval for the issuance of a building permit, limiting the occupancy level and lawn area to that specified by the applicant in the nitrate loading calculation.
Zones of contribution, for the purposes of this regulation, are comprised of the portion of the Town of Yarmouth bounded as follows: from the intersection of the center line of Route 6A with the boundary with the Town of Barnstable easterly along the center line of Route 6A to its intersection with the boundary with the Town of Dennis; thence southerly along the boundary with the Town of Dennis to its intersection with the easterly extension of the center line of Bass River Road; thence westerly along the center line of Bass River Road to its intersection with the center line of Highbank Road; thence southerly and westerly along the center line of Highbank Road to its intersection with the center line of North Main Street; thence northerly along the center line of North Main Street to its intersection with the center line of Wood Road; thence westerly and southerly along the center line of Wood Road to its intersection with the center line of Route 28; thence westerly along the center line of Route 28 to its intersection with the center line of Forest Road; thence northerly along the center line of Forest Road to its intersection with the center line of Winslow Gray Road; thence westerly along the center line of Winslow Gray Road to its intersection with the center line of Buck Island Road; thence westerly along the center line of Buck Island Road to its intersection with the center line of Town Brook Road; thence southerly along the center line of Town Brook Road to its intersection with the center line of Route 28; thence westerly along the center line of Route 28 to its intersection with the boundary with the Town of Barnstable; and thence northerly along with the boundary with the Town of Barnstable to the starting point.
A. 
Nitrate loading, for the purposes of this regulation, shall be calculated as follows for subdivisions of single-family homes and/or ANR lots as defined above:
(1) 
Determine the number of occupants for each dwelling unit, counting two occupants for the first bedroom in the unit and adding one occupant for each additional bedroom in the unit.
(2) 
Multiply the number obtained in Subsection A(1) by five.
(3) 
Determine the lawn area in square feet for each dwelling unit.
(4) 
Multiply the area in Subsection A(3) by 1.8 and divide by 1,000.
(5) 
Add the results of Subsection A(2) and (4).
(6) 
Determine the lot area for each unit in acres.
(7) 
Multiply Subsection A(5) by 0.275 and divide by Subsection A(6) for each unit. This is the nitrate loading in ppm for each unit.
(8) 
Total all of the results of Subsection A(2) and (4) for all of the units in the subdivision.
(9) 
Determine the total area of the entire subdivision and/or ANR lots in acres.
(10) 
Multiply Subsection A(8) by 0.275 and divide by Subsection A(9). This is the nitrate loading in ppm for the subdivision and/or ANR lots.
B. 
Nitrate loading, for the purposes of this regulation, shall be calculated as follows for multi-unit housing other than subdivisions of single-family homes:
(1) 
Determine the number of occupants for each dwelling unit, counting two occupants for the first bedroom in the unit and adding one occupant for each additional bedroom in the unit.
(2) 
Calculate the total number of occupants by adding the results from Subsection B(1) for all of the units.
(3) 
Multiply the number obtained in Subsection B(2) by five.
(4) 
Determine the total lawn area in square feet for all the units.
(5) 
Multiply the area in Subsection B(4) by 1.8 and divide by 1,000.
(6) 
Add the results of Subsection B(3) and (5).
(7) 
Determine the lot area for the development in acres.
(8) 
Multiply Subsection B(6) by 0.275 and divide by Subsection B(7). This is the nitrate loading in ppm for the multi-unit housing.
Variance from this regulation may be granted by the Board of Health only if the applicant demonstrates to the satisfaction of the Board that enforcement thereof would do manifest injustice and proves to the Board that the installation of an on-site subsurface sewage disposal system, or systems, will not have a significant adverse effect on surface and/or subsurface public and/or private water resources.
The Board of Health shall consider any variation between the zones of contribution as defined in this regulation and the Zones of Contribution Map, as prepared by Whitman & Howard, dated May 1985, titled "Zones of Contribution - Future Ultimate Conditions," and on file with the Board of Health and the Town Clerk, as an element to be considered by the Board when an applicant has requested a variance under this regulation.
If applying for variance, the applicant shall be required to submit, but not be limited to, the following items/data: nitrate loading report; geohydrological report; direction of the groundwater flow; depth to groundwater; population density; soil conditions; size, shape and slope of the lot or lots; existing and known future water supplies; and other information deemed pertinent.
[Adopted 8-18-1986[1]]
[1]
Note: This regulation is temporary and will be in effect only until the Town adopts and implements a groundwater and water resource protection program.
Whereas the initial findings of a Town-wide Aquifer Management Study, Preliminary Estimate of Nitrogen Loading, by Wright-Pierce, consultants, dated March 31, 1986, indicate that a substantial portion of the Town's water supply may be in jeopardy from the long-term buildup of nitrate-nitrogen, primarily from the subsurface discharge of sewage effluent; whereas it has been proven that nitrate contamination in drinking water can be a serious public health problem; whereas, based on these findings, immediate measures must be taken to mitigate the adverse impacts to the groundwater from such discharges; whereas the Board of Health of the Town of Yarmouth has determined that the continued unregulated discharge of nitrate-nitrogen into the groundwater in the zones of contribution of the municipal water supply wells of the Town poses a future health hazard to all of the citizens of the Town; and whereas the Board has previously adopted a nitrate-nitrogen loading regulation.[1]
[1]
Editor's Note: See Art. I, Single-Family Homes and Multi-Unit Housing, of this chapter.
No permit or permits shall be issued by the Board of Health of the Town of Yarmouth or its agents for subsurface sewage disposal systems for any new commercial or industrial development, establishment or facility on a lot or lots located in whole or in part within zones of contribution, as hereinafter defined, unless the applicant or applicants for such permits demonstrate by a written report to the satisfaction of the Board that the nitrate loading, calculated as hereinafter described, will not exceed five parts per million (ppm), for any individual lot or establishment, or in the aggregate for all units in a development. Any subsurface sewage disposal permit subsequently issued for such new commercial or industrial development, establishment or facility pursuant to this regulation shall require the execution and filing of a deed restriction prior to the Health Department issuing approval for the issuance of a building permit, limiting the occupancy level, volume of septic system effluent and lawn area to that specified by the applicant in the nitrate loading calculation.
Zones of contribution, for the purposes of this regulation, are comprised of the portion of the Town of Yarmouth bounded as follows: from the intersection of the center line of Route 6A with the boundary with the Town of Barnstable easterly along the center line of Route 6A to its intersection with the boundary with the Town of Dennis; thence southerly along the boundary with the Town of Dennis to its intersection with the easterly extension of the center line of Bass River Road; thence westerly along the center line of Bass River Road to its intersection with the center line of Highbank Road; thence southerly and westerly along the center line of Highbank Road to its intersection with the center line of North Main Street; thence northerly along the center line of North Main Street to its intersection with the center line of Wood Road; thence westerly and southerly along the center line of Wood Road to its intersection with the center line of Route 28; thence westerly along the center line of Route 28 to its intersection with the center line of Forest Road; thence northerly along the center line of Forest Road to its intersection with the center line of Winslow Gray Road; thence westerly along the center line of Winslow Gray Road to its intersection with the center line of Buck Island Road; thence westerly along the center line of Buck Island Road to its intersection with the center line of Town Brook Road; thence southerly along the center line of Town Brook Road to its intersection with the center line of Route 28; thence westerly along the center line of Route 28 to its intersection with the boundary with the Town of Barnstable; and thence northerly along the boundary with the Town of Barnstable to the starting point.
A. 
Nitrate loading, for the purposes of this regulation, shall be calculated as follows for the following types of individual commercial or industrial establishments: those whose sewage consists of sink and toilet wastes, with no food preparation or industrial process wastes, those that prepare food on site and those that have waste discharges other than typical sanitary or restaurant wastes:
(1) 
Determine the Title V sewage flow in gallons per day for the individual commercial or industrial establishment.
(2) 
Determine the average nitrogen concentration in the septic system effluent for the establishment, in ppm, using 25 ppm for domestic waste, 45 ppm for restaurant waste and other appropriate values, documented by the applicant and acceptable to the Board of Health, for other wastes.
(3) 
Multiply the number obtained in Subsection A(1) by the number obtained in Subsection A(2) and divide by 328.
(4) 
Determine the total lawn area in square feet for the commercial or industrial establishment.
(5) 
Multiply the area in Subsection A(4) by 1.8 and divide by 1,000.
(6) 
Add the results of Subsection A(3) and (5).
(7) 
Determine the lot area for the commercial or industrial establishment in acres.
(8) 
Multiply Subsection A(6) by 0.275 and divide by Subsection A(7). This is the nitrate loading in ppm for the commercial or industrial establishment.
B. 
Nitrate loading, for the purposes of this regulation, shall be calculated as follows for commercial or industrial developments consisting of establishments whose sewage consists of sink and toilet wastes, with no food preparation or industrial process wastes, businesses that prepare food on site and establishments that have waste discharges other than typical sanitary or restaurant wastes:
(1) 
Determine the Title V sewage flow in gallons per day for each unit in the development.
(2) 
Determine the average nitrogen concentration in the septic system effluent for each unit in the development, in ppm, using 25 ppm for domestic waste, 45 ppm for restaurant waste and other appropriate values, documented by the applicant and acceptable to the Board of Health, for other wastes.
(3) 
Multiply the number obtained in Subsection B(1) by the number obtained in Subsection B(2) for each unit in the development.
(4) 
Add all of the numbers obtained in Subsection B(3) for all of the units and divide the total by 328.
(5) 
Determine the total lawn area in square feet for all of the units.
(6) 
Multiply the area in Subsection B(5) by 1.8 and divide by 1,000.
(7) 
Add the results of Subsection B(4) and (6).
(8) 
Determine the lot area for the development in acres.
(9) 
Multiply Subsection B(7) by 0.275 and divide by Subsection B(8). This is the nitrate loading in ppm for the development.
Variance from this regulation may be granted by the Board of Health only if the applicant demonstrates to the satisfaction of the Board that enforcement thereof would do manifest injustice and proves to the Board that the installation of an on-site subsurface sewage disposal system, or systems, will not have a significant adverse effect on surface and/or subsurface public and/or private water resources.
The Board of Health shall consider any variation between the zones of contribution as defined in this regulation and the Zones of Contribution Map, as prepared by Whitman & Howard, dated May 1985, titled "Zones of Contribution - Future Ultimate Conditions," and on file with the Board of Health and the Town Clerk, as an element to be considered by the Board when an applicant has requested a variance under this regulation.
If applying for variance, the applicant shall be required to submit, but not be limited to, the following items/data: nitrate loading report; geohydrological report; direction of the groundwater flow; depth to groundwater; population density; soil conditions; size, shape and slope of the lot or lots; existing and known future water supplies; and other information deemed pertinent.