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Each well must supply an adequate quantity of water for the purpose for which it is intended and shall be tested to give satisfactory evidence of continuing capability to do so. Before being approved, every well shall be pump tested by the installer. The results of the test shall be submitted to the Board of Health on the previously described well completion report, and the Board shall maintain such as a public record. The following are guidelines for what will be considered satisfactory, but the Board of Health may vary these guidelines in particular cases where it is demonstrated that the well will furnish an adequate supply of water for the purpose for which it was intended. A. Shallow wells, washed wells, points, pits or excavations are not allowed....

All private wells and nonessential private wells shall be disinfected following construction, rehabilitation, and well or pump repair before the well is placed into service. The well shall be pumped to waste (not to the septic system) until the water is as clear as possible. Thereafter, the well and pumping equipment (and plumbing, if installed) shall be disinfected with a solution containing at least 50 ppm of chlorine. The well shall remain in contact with the chlorine solution for a minimum of 24 hours before the well is pumped to waste (not to the septic system) and the water found to be free of chlorine.

[Amended 9-12-2023] A. The Harvard Board of Health, Nashoba Associated Boards of Health, Massachusetts Department of Environmental Protection (MassDEP) certified laboratories, a Massachusetts licensed site professional, an approved sampler, or other persons authorized by the Board of Health upon submittal and preapproval of a waiver, shall collect water samples immediately following construction or rehabilitation and disinfection of a well. A representative sample for laboratory analysis shall be collected at pump discharge or from a tap in the pump discharge line. Chemical and bacteriological analysis shall meet the standards set forth by the Massachusetts Drinking Water Standards & Guidelines for potable water for the following items: total coliform, ...

A. Wells shall be constructed in conformance with the recommendations of the latest edition of the Manual of Individual Water Supply, USEPA, Water Supply Division. (Note: Dual-use wells, springs, shallow wells, washed wells, points, pits or excavations shall not be used for the purpose of potable water supply without a Board of Health variance.) B. All individual wells, geothermal wells, monitoring wells and test wells shall be constructed in strict compliance with the specifications set forth in these regulations and any applicable MA or federal requirements (e.g., MA DEP "Guidelines for Ground Source Heat Pump Wells"). C. All individual wells, geothermal wells, monitoring wells and test wells constructed pursuant to these regulations shall be constr...

A. A well that is abandoned shall be destroyed to protect the groundwater and to eliminate potential physical hazards. Wells shall be sealed with nonhazardous, impervious materials which shall be permanently in place. All casing materials, pumping equipment, and distribution lines shall be removed. The excavation shall be returned to the current existing grade of the surrounding land. A record of abandonment shall be kept on file in the offices of the Board of Health and Nashoba Associated Boards of Health. B. 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. C. The owner of a private well shall decomm...

A. Irrigation wells shall be deep wells (bedrock; 100-foot minimum deep well). B. To prevent cross-connection of potable and nonpotable water supplies, no dwelling shall be served in any capacity by both a private well and the Town of Harvard's public water system unless the two water systems are completely separate. In addition to such a complete separation, a backflow protection device, approved by the Plumbing Inspector and the public water supplier, must be installed in the dwelling to prevent backflow and cross-connections with the Town's public water supply. C. Irrigation wells shall provide water through sprinkler heads or through spigots mounted on the well head. The Board of Health prohibits the use of sillcock spigots for irrigation wells. ...

A. There shall be no plumbing connecting an agricultural well to a habitable structure. B. All spigots served by an agricultural well, in addition to itself, must be identified by a firmly attached yellow metal tag having the shape of a four-inch equilateral triangle bearing the legend "NOT SAFE FOR HUMAN CONSUMPTION" in letters not less than 7/16 inch in height.

A. Location of closed-loop geothermal boreholes (Dual-use open-loop geothermal systems are prohibited.) shall be located in conformity with the chart below. Source of Structure Minimum Lateral/Circumferential Distance (feet) Sewer lines 10 Septic tanks 25 Springs 100 Septic drain fields 50 Water wells 100 House to septic tank connection 10 House to sewer line connection 10 B. Source of drilling water for closed-loop geothermal boreholes. (1) All water used in drilling and construction of a closed-loop geothermal borehole shall be from a public water supply or water well. (2) All water used in the drilling or construction process shall be treated with enough chlorine product to retain a free chlorine residual of at least 10 parts per...

A. The Board of Health, or its agent, shall investigate violations of these regulations and may take such actions as the Board or its agent deems necessary for the protection of the public health and the enforcement of these regulations. B. If any investigation reveals a violation of these regulations, the Board or its agent shall order the private well owner to comply with the violated provisions. C. These orders shall be in writing and served in the following manner: (1) Personally, by any person authorized to serve civil process; or (2) By any person authorized to serve civil process by leaving a copy of the order at the well owner's last and usual place of abode; or (3) By sending the well owner a copy of the order by registered or certified ma...

Any person aggrieved by the final decision of the Board may seek relief therefrom within 30 days in any court of competent jurisdiction, as provided by the laws of this commonwealth.

Any person who violates any provision of these regulations, or who fails to comply with any order issued hereunder by the Board of Health, may be fined no less than $10 and no more than $500 per day. Each day that a violation exists and each day's failure to comply with an order shall constitute a separate offense.

A. The Board may grant a variance from the application of these regulations when, in its opinion, the enforcement thereof would do manifest injustice, and the applicant has demonstrated that the equivalent degree of protection will still be provided to the private water supply without strict compliance with the provisions of these regulations. B. Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefor. The writing shall contain all the information needed to assure the Board that, despite the issuance of a variance, the public health and environment will be protected. Notice of the consideration of variances for drinking water wells shall be given by the applicant, at least 10 days prio...

If any provision of these regulations 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 these regulations shall remain valid and effective. Any part of these regulations subsequently invalidated by a new state law or modification of any existing state law shall, by an amendment of the regulations, be brought into conformity with the new or amended law. However, the revision necessary to comply with state law shall be deemed to be effective immediately, and the regulations shall be applied and enforced so as to comply with state law.

These regulations were amended and adopted by vote of the Town of Harvard Board of Health at a public meeting on November 9, 2021, and are to be in full force and effect on and after November 23, 2021. Before said date, these regulations shall be published and a copy thereof placed on file in the Board of Health office and filed with the Department of Environmental Protection in Boston. These regulations or any portions thereof may be amended, supplemented or repealed from time to time by the Board, with notice as provided by law, on its own motion or by petition.

The issuance of a well permit shall not be construed as a guarantee by the Board of Health or its agent that the water system will function satisfactorily nor that the water supply will be of sufficient quality or quantity for its intended use.

[Adopted 6-18-2002]

This article is intended to promote the public health and general welfare. This article is adopted by the authority of MGL c. 111, § 31.

The Board of Health recognizes the many health issues surrounding indoor air quality and the use of indoor carpeting, particularly in areas receiving heavy foot traffic in public buildings frequented by citizens of the Town. The Board of Health further recognizes sensitivity to environmental conditions created by the use of indoor carpeting by those individuals most susceptible, specifically children, the elderly and those individuals with respiratory and allergic conditions.

[Amended 2-27-2007] Henceforth, no carpeting of any kind shall be installed, replaced or repaired within any building owned, operated or maintained by the Town of Harvard, or any of its agents, subdivisions, committees or assignees.

The Board of Health may grant a variance to this article upon request and careful consideration of all factors, including the anticipated usage by the public.