[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 6-25-2001. Amendments noted where applicable.]
A.
Purpose. It is the purpose of these regulations to
protect the public health, safety and welfare by ensuring that all
on-site sewage treatment and disposal systems as defined by 310 CMR
15.00, Title 5, of the State Environmental Code are properly constructed
and maintained. This will be accomplished through a comprehensive
septic management plan, which will incorporate educational, training,
maintenance and inspectional programs administered by the Berkshire
County Boards of Health Association (BCBoH).
B.
Authority. They are enacted under the authority of
MGL c. 111, § 31, and any other power thereto enabling.
The most recent revisions to Title 5 of the
State Environmental Code are by far the most technical to date. As
more septic systems are repaired and new systems installed, it is
imperative that contractors have the technical skills necessary to
properly construct these systems. This is particularly important with
respect to new and constant changes in alternative technologies. Since
training for contractors is not currently required or offered in this
area, the Board of Health intends to address this need for training
through an on-going educational and certification program to be conducted
by the Berkshire County Boards of Health Association (BCBoH).
A.
BOARD OF HEALTH
CONTRACTOR CERTIFICATION TRAINING
DISPOSAL SYSTEM INSTALLER
SEPTIC TANK FILTER
As used in this chapter, the following terms shall
have the meanings indicated:
The Board of Health, or its designated agents.
An on-going educational and training program conducted by
the Berkshire County Boards of Health Association (BCBoH) for the
purpose of providing disposal system installers a broad understanding
of the regulatory issues, construction practices and updates associated
with 310 CMR 15.00, State Environmental Code, Title 5.
A person licensed in accordance with 310 CMR 15.019, Title
5, of the State Environmental Code who constructs, repairs or replaces
on-site subsurface disposal systems.
Effluent filters placed in the outlet tee of the septic tank
for the purpose of further removal of suspended solid material from
entering the soil absorption system, and as described in 310 CMR 15.289(4),
Title 5, of the State Environmental Code.
B.
Any terms not specifically defined herein are to be
construed in accordance with the definitions of 310 CMR 15.00, State
Environmental Code, Title 5.
[Amended 11-4-2019]
A.
Any septic
tank installed or repaired after the effective date of these regulations
shall be fitted with a septic tank effluent filter.
B.
During
installation of new components, the septic tank (all top access openings),
distribution box and/or pump chamber will be fitted with risers brought
to final grade. Should insulation be required to prevent component
freezing, solid foam insulation will be sized to the interior diameter
of the riser and fitted with a handle to allow for easy removal. The
insulation will be thick enough to prevent the component from freezing.
[Added 11-3-2014,[1] effective 1-1-2015]
A.
The Board of Health, or its designated agent, will witness all septic
systems inspected under Section 15.300, and following, of 310 CMR
15.000. A fee, set by the Board of Health, will be collected prior
to inspection.
B.
Any inspection of the septic system for a dwelling that has been
unoccupied will undergo a follow-up inspection six months after the
date of reoccupation.
[Amended 6-6-2016]
(1)
The Board of Health or its agent shall have the authority to determine
whether a system in an unoccupied dwelling need undergo a follow-up
inspection and, if so, the time frame to perform that inspection.
(2)
The determination shall be based upon, but not limited to: the age
of the system, information about the system on file (designs, previous
inspections, pumping records), soil surveys, condition of system components,
and length of time the system has not been in use.
[1]
Editor's Note: This amendment also provided for the renumbering
of subsequent sections.
[Amended 1-5-2004]
Any person applying for a disposal system installer's
permit must show proof of satisfactory completion of the contractor
certification training as specified under § 157-3D of these
regulations prior to issuance of said permit.
A.
Continuing education. Contractor certification shall
remain valid provided the contractor attend Berkshire County Boards
of Health Association (BCBoH) or other recognized training sessions
not less than once per calendar year.
B.
Certificates not transferable. A contractor certification
is not transferable from one person to another.
A.
General enforcement. The State Environmental Code,
310 CMR 11.00, shall govern the enforcement of these regulations.
B.
Amendments. These regulations or any portions thereof
may be amended, supplemented or repealed from time to time by the
Boards of Health, with notice as provided by law, on its own motion,
or by petition.
C.
Variance.
(1)
The Board of Health may vary the application of any
provision of these regulations with respect to any particular case
when, in the Board's opinion, the enforcement thereof would do manifest
injustice.
(2)
Every request for a variance shall be made in writing
and shall state the specific variance sought and the reason therefor.
(3)
Any variance granted by the Board shall be in writing.
Any denial of the variance shall also be in writing and shall contain
a brief statement of the reason for denial. A copy of each variance
shall be conspicuously posted for 30 days following its issuance and
shall be made available to the public at all reasonable hours.
B.
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
C.
The Board of Health may, after written notice, suspend
or revoke any septic system permit for violations of this chapter.
[Added 2-7-2011]
A.
Any person
or persons aggrieved by any order issued under this chapter may appeal
by filing a written petition for hearing to the Board of Health, which
must be received within 10 days after the day the order was served.
B.
The hearing
shall be commenced not later than 14 days after the receipt of a petition.
C.
At the
hearing the petitioner and other affected parties shall be given an
opportunity to be heard, to present witnesses or documentary evidence,
and to show why an order should be modified or withdrawn. Failure
to hold a hearing within the time period specified herein shall not
affect the validity of any order.
D.
The Board
of Health shall sustain, modify, or withdraw the order and shall inform
the petitioner.
E.
Any person
aggrieved by the decision of the Board of Health may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this commonwealth.
If a court determines that any provision of
these regulations is invalid or unenforceable, the other provisions
shall not be affected thereby, but shall continue in full force and
effect.
The effective date for this chapter is January
1, 2002.