[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 11-15-1993; amended in its entirety 12-14-2004. Amendments noted where applicable.]
It is the purpose of these regulations to protect
the public health, safety and welfare by ensuring that private wells
drilled in the Town of Williamstown are properly permitted and constructed,
that all water supply wells meet appropriate chemical and bacteriological
standards, and that groundwater resources are protected.
These regulations are enacted by the Town of
Williamstown Board of Health under the authority which includes, but
is not limited, to one or more of the following: MGL, c. 111, §§ 31,
122, 122A, 127, 143, 155, 187, 188, Code of Mass. Regulations 310
CMR 11.02 and MGL c. 40 § 54.
In these regulations the following terms have
the meanings indicated.
A private well that meets any of the following criteria:
construction was terminated prior to completion of the well, the well
owner declares and notifies the Board that the use of the well has
been permanently discontinued, the well has, after extended use, been
out of service for at least three years, the well is in such a state
of disrepair that its continued use is impractical or represents a
physical threat, or the well has the potential for transmitting contaminants
from the land surface into an aquifer or from one aquifer to another
and the situation cannot be corrected.
Any person who intends to have a private well constructed.
A water-bearing geologic formation, group of formations,
or part of a formation that contains adequate saturated permeable
material to yield significant quantities of water for wells and springs.
The Williamstown Board of Health or its designated agent.
The Williamstown Board of Health.
A certificate issued by the Board which authorizes the use
of a private well as a water supply.
Any laboratory which has been certified by the Department
of Environmental Protection as provided in its most recent edition
of Certification Status of Commercial Environmental Laboratories.
Any nonpublic well, drilled to locate and/or supply water
for human consumption. Wells drilled for potential public water supplies
will be considered private wells until such time as the application
has been made to the Department of Environmental Protection under
the provisions of 310 CMR 22.00.
[Amended 3-4-2019]
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
The State Environmental Code for On-site Sewage Treatment
and Disposal Systems.
A bored, drilled, or driven well or a dug hole with a depth
greater than its largest surface diameter, developed to locate and/
or supply water for any purpose other than human consumption and not
subject to regulation by 310 CMR 22.00.
[Amended 3-4-2019]
Any person, association, partnership, company, or corporation
that constructs wells and is registered with the Division of Water
Resources of the Department of Conservation and Recreation in compliance
with the Well Diggers and Drillers Registration, 313 CMR 3.00.
A.
Location of wells.
(1)
In establishing the location of a well, actual or
possible sources of contamination which exist or are proposed to exist
within 150 feet of the proposed well site shall be identified. Private
wells shall be located so as to avoid all potential sources of contamination.
The following minimum lateral distances apply for each listed source
of contamination:
|
Source of Contamination
|
Minimum Lateral Distance
(feet)
| |
|---|---|---|
|
Subsurface sewage disposal field (leaching facility,
in use, abandoned, or in reserve)
|
100
| |
|
Cesspool, seepage pit
|
100
| |
|
Septic tank
|
50
| |
|
Sewer line
|
50
| |
|
Property line
|
10
| |
|
Public way
|
25
| |
|
Driveway
|
20
| |
|
Underground fuel storage tank
|
100
| |
|
Underground liquid propane storage tank
|
25
| |
|
Utility right-of-way
|
100
| |
|
Stable, barnyard, manure pile, manure storage
tank, feedlot
|
150
|
(2)
Where deemed necessary or appropriate by the Board,
the above distances may be increased, or reasonable means of protection
may be required, or both. The Board may impose minimum lateral distance
requirements from other potential sources of contamination not listed
above. The Board shall add any such special requirement as a condition
of the well construction permit.
(3)
No one may locate, drill or dig a well or cause the
same to be done so as to limit the use or enjoyment of any neighboring
property.
(4)
The construction of a new private well for drinking
water is prohibited where access to the municipal water supply or
public water main is within 200 feet of the applicant's nearest property
line.
(5)
In the event that inadequate yield requires a change
of the well site, relocation on the Engineer's or Sanitarian's plot
plan shall be indicated and subject to approval.
B.
Well construction standards.
(1)
A well shall be constructed by a registered well driller.
(2)
A well shall be constructed in compliance with the
sections of the Private Well Guidelines of the Department of Environmental
Protection's Division of Water Supply, October 30, 1989, or as subsequently
amended, that apply to well construction and well decommissioning.
(3)
A well driller shall certify in writing that the well
driller has complied with the Private Well Guidelines as specified
above in order to receive a certificate of compliance.
C.
Well decommissioning standards.
(1)
All wells that are abandoned shall be decommissioned
to protect the groundwater supply and to eliminate potential physical
hazards.
(2)
An abandoned well shall be destroyed in compliance with the Private Well Guidelines. [See § 164-4B(2).]
(3)
A well driller shall certify in writing that the well
driller has complied with the Private Well Guidelines when decommissioning
the well.
D.
Water quality standards.
(1)
No private well shall be used as a water supply, and
no building permit shall be issued for new construction on a property
where the well is located, unless and until the water derived from
the well has been tested and approved for water quality.
(2)
Chemical and bacteriological analyses shall be conducted
by a certified laboratory and shall not exceed the following values:
(a)
Chemical:
|
Analysis
|
Standard
(mg/liter)
| |
|---|---|---|
|
Ammonia (NH4)
|
0.05
| |
|
Sodium (Na)
|
20
| |
|
Chloride (Cl)
|
250
| |
|
Nitrate nitrogen (N)
|
10
| |
|
Nitrite nitrogen
|
1.0
|
(b)
Bacteriological:
|
Analysis
|
Standard
| |
|---|---|---|
|
Coliform Bacteria
|
None/100 ml H20
|
(c)
In addition, the following water quality tests
should be conducted for the informational benefit of the landowner.
|
Analysis
|
Should Not Exceed
| |
|---|---|---|
|
Total dissolved solids
|
500 mg/liter
| |
|
Iron (Fe)
|
0.3 mg/liter
| |
|
Manganese (Mn)
|
0.05 mg/liter
| |
|
pH
|
6.5 - 8.5
| |
|
Total hardness
|
180 mg/liter
|
(d)
Values over the levels advised above may require
treatment at the discretion of the owner.
(3)
Additional or repeated tests may be required when
it is necessary for the protection of the public health, safety and
welfare.
E.
Water quantity standards.
(1)
Yield test pumping shall be conducted at a rate at
least equal to the pumping rate expected during normal well use, and
shall be conducted for a minimum of four hours.
(2)
A well intended for drinking water supply is required
to provide, either through yield or with the addition of adequate
storage facilities, a minimum number of gallons per day according
to the following formula:
|
(number of bedrooms) x 110 gallons x 2 (safety
factor) = daily minimum yield (gals.)
|
A.
Well construction permit.
(1)
Well construction permit application.
(a)
An application for a well construction permit
shall be submitted by the property owner or his/her designated agent
to the Board on the form provided by the Board.
(b)
Except when a plan for new construction, including
the following data for the well, has been submitted so as to comply
with Title 5 requirements, the application shall include or be accompanied
by:
[1]
The Assessor's Map and lot number, the location
of the proposed well, and a general written summary of any possible
sources of contamination within 150 feet of the well site. [See § 164-4.A(1).]
[2]
An extended plot plan, produced by a civil or
sanitary engineer or a registered sanitarian, which will show distances
less than 150 feet from the proposed well site to the following:
[a]
Existing and proposed structures.
[b]
Subsurface waters and subsurface
drainage courses.
[c]
Subsurface sewage disposal fields,
trenches, or pits and adjoining septic tanks or cesspools.
[d]
Subsurface fuel storage tanks.
[e]
Other potential sources of pollution
an experienced well driller should reasonably be expected to recognize.
[f]
Property lines.
[g]
Public ways.
[3]
The well driller's certificate of registration,
unless the certificate is on file with the Board.
[4]
The application fee set by the Board of Health.
(2)
Well construction permit.
(a)
Well construction may proceed only upon approval
of a permit application in the form of a well construction permit
issued by the Board.
(b)
A permit for well construction expires at the
end of 12 months from the date of issuance. A permit may be extended
for an additional six months if a written request is received by the
Board prior to the expiration date. No additional fee shall be charged
for the extension, provided there is no change in the plans for the
proposed well.
(c)
After a permit has expired, a new application
and a new fee shall be submitted to the Board.
(d)
Neither a permit nor an application is transferable.
(3)
Certificate of compliance.
(a)
The following shall be submitted to the Board
to obtain a certificate of compliance: No private well will be put
into operation until a certificate of compliance has been issued.
[1]
A well construction permit application.
[2]
Within 30 days after completion of the well,
the well driller shall file with the Board a copy of the water well
completion report as required by the Massachusetts Division of Water
Resources - Department of Conservation and Recreation (See 313 CMR
3.00.).
[3]
Following well development and disinfection,
the applicant or his/her designated agent shall collect water samples
for bacteriological analysis. The applicant or his/her designated
agent shall cause chemical analysis to be conducted and the report
submitted to the Board for approval.
[4]
Certificate of construction compliance stating that the well driller has complied with Department of Environmental Protection's Private Well Guidelines sections pertaining to well construction that are part of these regulations [See § 164-4 B(2).]
[5]
Water quantity certification statement from
the well driller that the minimum supply has been met.
(b)
Upon receipt of all of the above documents the
Board shall determine whether the water supply meets all the water
quantity and quality requirements for private water supplies in Williamstown.
[1]
Upon an affirmative determination, the Board
shall issue a certificate of compliance.
[2]
Upon a negative determination, or if the Board
deems it necessary to protect the public health, safety and welfare,
the Board shall issue a water supply disapproval letter which requires
additional water quality analysis, or quantity testing, or both.
[3]
The Board may, at its discretion, issue a conditional
certificate of compliance. A conditional certificate shall set forth
the conditions which the Board deems necessary to ensure fitness,
purity, and quantity of the water derived from the well. This may
include but need not be limited to requiring treatment of the water
or regular testing.
B.
Well decommissioning procedures.
(1)
A private well or a well will be abandoned and properly
plugged (decommissioned) if the well meets any of the following criteria;
[Amended 3-4-2019]
(a)
Construction was terminated prior to completion
of the well.
(b)
The well owner has notified the local Board
of Health that the use of the well has been permanently discontinued.
(c)
The well has, after extended use, been out of
service for at least three years.
(d)
The well is a potential hazard to public health
or safety and the situation cannot be corrected.
(e)
The well is in such a state of disrepair that
its continued use is impractical or represents a physical threat.
(f)
The well has the potential for transmitting
contaminants from the land surface into an aquifer or from one aquifer
to another and the situation cannot be corrected.
(2)
It is the responsibility of the property owner to
ensure that all abandoned wells and test holes or borings associated
with private well installation are properly plugged.
(3)
Only a registered well driller will plug abandoned
wells, test holes, and dry or inadequate borings. In addition, when
an old well is replaced by a new well, the well driller will plug
the old well once a certificate of compliance has been issued for
the new well. In the case of new well construction, any test holes
and dry or inadequate borings will be plugged before the well driller
completes work at the site.
(4)
Within 30 days following the completion of the plugging
procedure, the registered well driller who plugged the abandoned well,
test hole, or dry or inadequate boring must submit a well completion
report to the Division of Water Supply Protection and will submit
a decommissioning report to the Board of Health and the owner of the
property where the well, test hole, or boring is located. The following
information will be included in the decommissioning report;
(a)
Name and address of the property owner.
(b)
Name, address, and registration number of the
registered well driller who performed the plugging.
(c)
Reason for abandonment.
(d)
Location of the well, test hole, or boring referenced
to at least two permanent structures or, when possible, location coordinates
determined by a registered land surveyor or registered civil engineer.
(f)
Calculations made to determine the volume of
the well, test hole, or boring.
(g)
Static water level before plugging.
(h)
Types of plugging material used, including mix
specifications.
(i)
Quantity of each type of plugging material used.
(k)
A copy of the original well driller's report.
A.
General enforcement. Environmental Code (310 CMR 11.00)
governs the enforcement of these regulations.
B.
Separate violations. Each day's failure to comply
with any provisions of these regulations is a separate violation.
Each numbered or lettered section or subsection of these regulations
violated is a separate violation.
C.
Variance.
(1)
By vote of a majority of its full authorized membership,
the Board of Health may vary the application of any provision of these
regulations with respect to any particular case when, in the Board
of Health's opinion, both of the following conditions are fulfilled:
(a)
The enforcement thereof would do manifest injustice.
(b)
The applicant has proved that the same degree
of environmental protection, and protection of the public health,
safety and welfare can be achieved without strict application of the
particular provision. The alternative means of protection shall be
detailed and documented by the applicant to the satisfaction of the
Board of Health.
(2)
Every request for a variance shall be made in writing
and shall state the specific variance sought and the reasons therefor.
(3)
Any variance granted by the Board of Health 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 available to the public at all reasonable
hours.
(4)
A variance may be subject to any qualification, revocation,
suspension, condition, or expiration provided in these regulations
or that the Board of Health expresses in its grant of the variance.
A variance may otherwise be revoked, modified, or suspended, in whole
or in part, only after the holder has been notified in writing and
has been given an opportunity to be heard, in conformity with the
requirements of Title 1 of the State Environmental Code (310 CMR 11.00)
for orders and hearings.
[Added 2-7-2011[1]]
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.
These regulations or any portion of them may
be amended, supplemented, or repealed from time to time by the Board
of Health, with notice as provided by law, on the Board of Health's
own motion or by petition.
If any provision of these regulations is declared
invalid or unenforceable, the other provisions shall not be affected
thereby, but shall continue in full force and effect.
Any part of these regulations subsequently invalidated
by a new state law or regulation, or by the modification of an existing
state law or regulation, shall automatically be brought into conformity
with the new or amended law or regulation and shall be effective immediately,
without recourse to a public hearing and the customary procedures
for amendment or repeal of these regulations.
The effective date of these regulations is December
14, 2004.
