[HISTORY: Adopted by the Board of Health of the Town of Easton 12-20-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 223.
[1]
Editor's Note: This regulation also repealed former Ch.
369, Wells, Private, adopted 7-11-1988.
A.
The Board of Health of the Town of Easton, acting under authority
of Chapter 111, Section 31 of the Massachusetts General Laws and every
other act thereto enabling, hereby establishes the following rules
and regulations for potable and non-potable water supply wells as
well as geo thermal wells in the Town of Easton.
B.
Upon the adoption and filing of these regulations with the Office
of the Town Clerk, all regulations of the Board of Health inconsistent
herewith these regulations are hereby repealed.
As used in this chapter, the following terms shall have the
meanings indicated:
A well that meets any of the following criteria:
Construction was terminated prior to completion of the well;
The well owner has notified the local Board of Health that use
of the well has, after extended use, been permanently discontinued;
The well has been out of service for at least three years;
The well is a potential hazard to public health or safety and
the situation cannot be corrected;
The well is in such a state of disrepair that its continued
use is impractical; 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.
A major change in the type of construction or configuration
of a private water system, including but not limited to, adding a
disinfection or treatment device, converting a water well with a buried
seal to a well with a pitless adapter, extending a distribution system,
converting a well using a well pit to a well with a pitless adapter,
extending the casing above ground; deepening a well, changing the
type of pumping equipment when that requires making new holes or sealing
or plugging existing holes in the casing or wall of a well, and repairing,
extending or replacing any portion of the inside or outside casing
or wall.
The space between two cylindrical objects, one of which surrounds
the other. For example, the space between the wall of a drillhole
and a casing pipe, or between an inner and an outer well casing.
American Petroleum Institute.
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield significant
quantities of water to wells and springs.
An aquifer that is bounded above and below by impermeable
materials or materials of distinctly lower permeability than the aquifer
itself. The water in an aquifer confined in this manner will rise
in a drilled hole or well casing above the point of initial penetration
(above the bottom of the confining, or impermeable, layer overlying
the aquifer).
A well producing from an artesian aquifer. The term includes
both flowing wells and nonflowing wells.
American Society for Testing and Materials.
American Water Works Association.
See "consolidated formation."
A mixture of swelling clay minerals containing at least 85%
of the mineral montmorillonite (predominantly sodium montmorillonite)
which meets the specifications of the most recent revision of API
Standard 13A.
A mixture of bentonite (API Standard 13A) and water in a
ratio of not less than one pound of bentonite per gallon of water.
An impervious durable pipe placed in a boring to prevent
the walls from caving and to serve as a vertical conduit for water
in a well.
Code of Massachusetts Regulations.
A public water system which serves at least 15 service connections
used by year-round residents or regularly serves at least twenty-five-year
round residents.
A mixture consisting of Portland cement (ASTM Standard C150,
Type or API Standard 10, Class A), sand, gravel, and water in a proportion
of not more than five parts of sand plus gravel to one part cement,
by volume, and not more than six gallons of water. One part cement,
two parts sand, and three parts gravel are commonly used with up to
six gallons of water.
An aquifer in which the groundwater is under pressure greater
than atmospheric pressure: the static water level in a well tapping
a confined aquifer rises to a level above the top of the aquifer.
A layer or body of soil, sediment, or rock with low vertical
permeability relative to the adjacent aquifers above or below it.
Any geologic formation in which the earth materials have
become firm and coherent through natural rock forming processes. The
term is sometimes used interchangeably with the word "bedrock" and
includes, but is not limited to, basalt, granite, limestone, sandstone,
and shale. An uncased drill hole will normally remain open in these
formations.
Any physical, chemical, biological, or radiological substance
or matter in water.
The presence of any physical, chemical, biological, or radiological
substance or matter in water at a concentration and for a duration
or anticipated duration which, in the opinion of the regulating agency,
would present a threat to the public health, using existing federal
and state standards and guidelines where applicable.
Any physical connection or arrangement between two otherwise
separate piping systems, one of which contains potable water and the
other water of unknown or questionable safety, whereby water may flow
from one system to the other, the direction of flow depending on the
pressure differential between the two systems.
Either precast or poured-in-place, concrete well casing used
to construct dug wells.
"Private water supply."
The difference between the static and pumping water levels.
A well in which the hole is excavated using mechanical means
such as rotary, cable tool, or auger rigs.
A forged or tempered steel collar, with a cutting edge, attached
to the lower end of a casing by threading or welding, to protect the
lower edge of the casing as it is driven.
The act of causing a rapid flow of water from a well by pumping,
bailing or similar operation.
An assemblage of earth materials grouped together into a
unit that is convenient for description or mapping.
A well or wells drilled vertically in the ground that are
water-filled, closed loop of one-inch high-density polyethylene (HDPE)
pipe ferries heat between the earth and the house. Pipes descend four-to
six-inch-diameter vertical wells—the number and depth depend
on the house's site and size—before ganging together in
a header and bringing lukewarm water in through the basement walls.
Drillers backfill each hole with bentonite grout (or new enhanced
grouts, engineered with fly ash) to maximize thermal conductivity.
Pumps cycle water through the pipe loop to the heart of the system:
the geothermal unit, which acts as furnace and air conditioner. This
machine uses refrigerant and the temperate water from the underground
pipes to heat or cool air. The air is then circulated through standard
ductwork. With a device called a desuperheater, the unit uses excess
heat to warm up domestic hot water at no added cost. The results feel
the same as those from any standard forced-air HVAC system.
Subsurface water in the zone of saturation.
A stable impermeable bonding material which is capable of
providing a watertight seal.
The process of mixing and placing grout.
A process whereby water is pumped under high pressure into
a well to fracture the surrounding rock thereby increasing the well
yield.
Massachusetts General Laws.
A mixture consisting of one bag (94 pounds) of Portland cement
(ASTM Standard C 150, Type I or API Standard 10, Class A) to not more
than six gallons of clean water. Bentonite (API Standard 13A), up
to 2% by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase
fluidity and/or control setting time.
A public water system that is not a community water system.
See "unconsolidated formation."
An individual, corporation, company, association, trust,
partnership.
A commercially manufactured device which attaches to a well
casing and provides watertight subsurface connections for suctions
lines or pump discharge and allows vertical access to the interior
of the well casing for installation or removal of the pump or pump
appurtenances.
A system that provides water for human consumption, if such
system has less than 15 service connections and either 1) serves less
than 25 individuals or 2) serves an average of 25 or more individuals
for less than 60 days of the year.
"Private water supply."
A system for the provision to the public of piped water for
human consumption, if such system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days of the year. Such term includes 1) any collection, treatment,
storage, and distribution facilities under control of the operator
of such a system and used primarily in connection with such system,
and 2) any collection or pretreatment storage facilities not under
such control which are used primarily in connection with such system.
A public water system is either a "community water system" or a "non-community
water system."
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
Any person registered with the Department of Environmental
Management/Division of Water Supply Protection to dig or drill wells
in the Commonwealth of Massachusetts.
A mixture consisting of Portland cement (ASTM Standard C150,
Type I or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight, of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
A watertight receptacle which receives the discharge of sewage
from a building sewer and is designed and constructed so as to permit
the retention of scum and sludge, digestion of the organic matter,
and discharge of the liquid portion to a leaching facility.
The level of water in a well under non-pumping conditions.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
Water that rests or flows on the surface of the Earth.
ABS (acrylonitrile-butadiene-styrene), PVC (polyvinyl chloride)
or SR (styrene rubber) casing specified in the most recent revision
of ASTM Standard F480.
A device, usually a small diameter pipe, that carries gravel
pack or grouting materials to the bottom of a drill hole or boring
and which allows pressure grouting from the bottom up without introduction
of appreciable air pockets.
An aquifer in which the static water level does not rise
above the top of the aquifer.
Any naturally occurring uncemented, unlithofied material
such as sand, gravel, clay, or soil.
The upper surface of the zone of saturation in an unconfined
formation at which the pressure is atmospheric.
A condition which does not allow the entrance, passage or
flow of water or other fluids under normal operating conditions.
A water well casing that has a wall thickness of 1/8 inch
or more, has no seams or has welded seams, and has sections that can
be joined together by watertight threads, by a weld, rubber gasket,
or by cement that is not limestone or clay based that seals the well
against the entrance of surface water into the groundwater.
Cased and grouted construction through firm formations like
clay or rock. Through granular material like sand or gravel, it means
that the casing pipe is of approved quality and assembled watertight.
A procedure consisting of the removal of fine sand and drilling
fluid from the water bearing sand, gravel, or rock materials opposite
the well screen.
An outlet at the upper end of a well casing or basement end
of a non-pressure conduit to allow equalization of air pressure in
a well but at the same time so constructed as to prevent entry of
water and foreign material into the well.
The quantity of water per unit of time which may flow or
be pumped from a well under specified conditions.
The zone below the water table in which all interstices are
filled with groundwater.
A.
A well construction permit shall be obtained from the Board of Health
prior to the construction of any private well. Wells regulated by
the Department of Environmental Protection (DEP), under the Mass Drinking
Water Regulations (310 CMR 22.00) are exempt.
B.
An application for a well construction permit shall be submitted
by a Well Driller registered with the Department of Environmental
Management or his agent to the Easton Board of Health or its agent
on forms furnished by the Board. The well driller is responsible for
obtaining said permit prior to well construction.
C.
An application for a well construction permit for a drilled well
shall be submitted to the Board of Health or it's authorized
agent and must be accompanied by a site plan stamped by a Registered
Professional Engineer or Registered Land Surveyor, showing the well
location by using latitude and longitude, lot dimensions, existing
and proposed structures, and location of any potential source of pollution
within 100 feet of the lot. A permit so granted shall expire two years
from the date of issue unless otherwise revoked for cause.
D.
When submitting an application for a driven well, the required site
plan need not be professionally stamped and may be hand-drawn, however,
the proposed location must be staked on the lot for verification by
Board of Health staff. Any deviation from the staked location must
be approved.
E.
Fees. A fee will be paid as stated on the current fee schedule for
the issuance of each well construction permit may be charges by the
Board of Health at the time an application is made for this permit.
F.
Inspections. The Board of Health or its authorized Agent may inspect
the installation of the well and may at any stage of construction,
require necessary modifications if conditions encountered are different
than those originally proposed.
A.
Dug wells are not permitted in the Town of Easton. A dug well is
a shallow well that is generally 20 to 35 feet deep and three to five
feet in diameter. Dug wells can be excavated by hand but, due to federal
occupational-safety laws, are more often excavated using a backhoe.
Dug wells are generally less reliable than drilled wells and should
be constructed only where hydro geologic conditions preclude the construction
of a satisfactory drilled well. Although the relatively large diameter
of a dug well provides a large water storage capacity, these wells
often go dry when the water table drops during periods of drought.
B.
Driven wells are not permitted for use as potable water supplies
in the Town of Easton. Driven wells may be very simply created in
unconsolidated material with a "well point," which consists of a hardened
drive point and a screen (perforated pipe). The point is simply hammered
into the ground, usually with a tripod and "driver," with pipe sections
added as needed. A driver is a weighted pipe that slides over the
pipe being driven and is repeatedly dropped on it. When groundwater
is encountered, the well is washed of sediment and a pump installed.
C.
All Geo thermal wells will be closed loop.
D.
Drilled wells.
(1)
Several drilling methods are used for constructing private water
supply wells. The efficiency of each drilling method depends to a
great extent on the type of geologic formation being drilled. Other
factors that affect the efficiency of a particular drilling method
include the experience of the driller, the presence of geologic anomalies,
and the hydraulic head of the aquifer or aquifers penetrated.
(2)
The specific design of a well depends on the subsurface geology at
the well site and the drilling method used. Table I provides an example
of some of the requirements for drilled water supply wells used by
the State of Wisconsin (1985) and recommended by the U.S. Department
of Health, Education, and Welfare (1965).
E.
Non-flowing Artesian Wells. The following methods of construction
(Figure 3) are recommended for wells completed in non-flowing artesian
aquifers:
(1)
Extend an oversized drill hole into but not through the confining
layer, being sure that no water flows from the artesian zone into
the drill hole.
(2)
Install an unperforated, watertight protective casing with the drive
shoe.
(3)
Seal the annular space between the casing and the drill hole with
neat cement grout or sand cement grout applied from the bottom of
the drill hole upward to a depth which will adequately prevent subsurface
leakage from the artesian zone.
 |
F.
Minimum lateral distances. Each well shall be located:
(1)
At a minimum of 100 feet from a subsurface sewage disposal area (including
reserve areas);
(2)
Fifty feet from a septic tank;
(3)
Ten feet from a building sewer constructed of durable corrosion resistant
material with watertight joints or;
(4)
Fifty feet from a building sewer constructed of any other type of
pipe;
(5)
Twenty-five feet from a property line;
(6)
Twenty-five feet from a street layout;
(7)
Fifty feet from other wells;
(8)
Twenty-five feet from subsurface drains;
(9)
One-hundred feet from underground oil tanks and gasoline tanks, underground
oil distribution lines and;
(10)
Twenty-five feet from the normal high water mark of any lake,
pond, river, stream, ditch or slough;
(11)
Ten feet from a dwelling or building;
(12)
Ten feet from a permanently located swimming pool;
(13)
Fifty feet from any sewer main.
G.
The Board may increase the distance listed in § 369-3C and may impose minimum lateral distances from other potential sources of contamination when in its opinion, conditions warrant such protection. All such special location requirements shall be specified as a condition of the well construction permit. In certain cases special means of protection for a well may be required such as a structure around a well near a driveway.
H.
A well must be located on the lot which it serves and where possible,
shall be located upgradient and as far removed as possible from all
potential sources of contamination.
I.
The use of acids, enzymes, degreasers, bacteria, etc. shall not be
introduced into a subsurface sewage disposal system on lots containing
an on-site potable water supply.
A.
All wells shall be tested to determine yield and water level recovery.
All tests shall be performed by a Registered Well Driller with all
test records and analysis of safe yield sent to the Board of Health.
Test pumping shall be conducted at a rate at least equal to the pumping
rate expected during normal well use. The pump test for a potable
well shall be conducted for a minimum of four hours, the Board of
Health may also require additional testing.
B.
Minimum yield. A drilled well installed for the purpose of providing
potable water shall produce the following minimum capacities. In order
to demonstrate the capacity of the well to provide the Required Volume
of water, a pumping test shall be conducted in the following manner:
(1)
The volume of water necessary to support the household's daily
needs shall be determined using the following equation: (number of
bedrooms plus one bedroom) X (110 gallons per bedroom) X (a safety
factor of 2) = number of gallons needed daily.
(2)
The storage capacity of the well shall be determined using the measured
pre-pumped static water level and the depth and radius of the drillhole
or casing.
C.
In all cases, wells used as a potable water supply must yield a minimum
of 2.5 gallons per minute.
D.
No well used for a potable water supply shall be approved if the
average vertical depth of storage in the well is less than 20 feet
at the time of installation, or if the water level in the well fails
to recover to 85% of the prepumped static water level within a twenty-four-hour
period.
E.
Installation of a water storage reservoir, excluding an approved
water pressure tank, requires approval of the Board of Health or its
agent.
F.
No person shall use a sole well on the lot to be served to supply
any subsurface automatic irrigation system in addition to all other
domestic uses approved by the Board of Health without written permission
of the Board.
A.
Well casing materials shall consist of not less than schedule 40
steel or not less than schedule 40 PVC plastic, or other material
of adequate strength and durability, and shall be free of pits, breaks,
gouges, deep scratches, or other defects. Well casing shall be installed
with care to avoid damage. The entire length of casing above the intake
shall be watertight. Well casings for drilled wells shall be a minimum
of six inches in diameter.
B.
The top of the well casing or extension thereof shall extend 18 inches
above established ground surface or above the floor of an approved
pit or within a flood-proofed well house. Wells located in designated
flood hazard area shall be constructed such that the well casing or
extension thereof extends a minimum of 24 inches above the one-hundred-year
flood elevation.
C.
Well Screens. Wells in unconsolidated formations shall be equipped
with a properly sized screen, selected so as to prevent access of
soil particles that would detract from well efficiency and yield.
D.
Protection Seal at Land Surface. The annular space between the protective
well casing and the wall of the drilled hole or the surface casing
shall be effectively sealed using neat cement or sand cement grout
emplaced using standard grouting techniques to a depth below the frostline
in order to protect against contamination or pollution by surface
and/or shallow, subsurface waters.
E.
The land around the well is to be graded so that surface water does
not pond over the well, and is not diverted over the well.
F.
Water Distribution Piping shall be connected to a drilled well by
means of a pitless adapter installed below the frostline but in no
case closer than five feet to the finished grade. The water distribution
piping shall be made of durable material and shall be located a minimum
of 10 feet from and 18 inches above sewer lines.
G.
Cross Connection. No person, corporation, or any other business shall
allow a potable or non-potable well to be physically connected into
the plumbing system of any structure serviced by the municipal water
distribution system. Installation of any pipe from a potable or non-potable
well into any structure serviced by the municipal water distribution
system is prohibited without prior written approval of the Easton
Water Department.
A.
Disinfection and Other Sanitary Requirements. All private wells shall
be disinfected after construction, rehabilitation and well or pump
repair before the well is placed in service. The well shall be pumped
to waste until the water is as clear as possible. Thereafter the well
and pumping equipment shall be disinfected with a solution containing
at least 50 ppm of chlorine. The well shall remain in contact with
the chlorine solution for minimum of 24 hours before the well is pumped
to waste and chlorine flushed from the distribution system. All water
used in drilling should be disinfected.
B.
Well water from all drilled wells shall be sampled following development
and disinfection. Chemical and bacteriological analysis shall be completed
and approval of the Board of Health must be obtained before the well
is used. Driven non-potable wells are not required to be tested but
a sign must be clearly posted at the well stating "For Non-Potable
Use Only."
C.
Sampling. A representative sample of water shall be collected and
analyzed by a laboratory certified by the Massachusetts Department
of Environmental Protection and a bacteriological and chemical report
shall be filed with the Easton Board of Health.
D.
Bacterial Quality. Water samples for bacteriological analysis (coliform,
standard plate count) shall be collected after purging three well
volumes and after all traces of disinfectant chemicals have been removed
from the well. The results of the bacteriological analysis shall meet
the standards specified in 310 CMR 22.00 (Mass Drinking Water Regulations).
A copy of the laboratory report is to be filed with the Board of Health.
E.
Chemical Quality. All private wells shall be sampled and tested by
a Massachusetts Certified Laboratory and shall meet the following
standards.
|
Parameter
|
Limit Not To be Exceeded
|
|---|---|
|
Color
|
15 Units
|
|
Turbidity
|
5 Units
|
|
Odor and Taste Free of Odor and Taste
|
Good
|
|
PH
|
6.5 - 8.5
|
|
Chloride
|
250 mg/l
|
|
Total Iron
|
0.3 mg/l
|
|
Sodium (guideline)
|
20 mg/l
|
|
Manganese
|
.05 mg/l
|
|
Sulfate
|
250 mg/l
|
|
Magnesium
|
125 mg/l
|
|
Total Hardness
|
100 mg/l
|
|
Nitrogen-Ammonia
|
0.1 mg/l
|
|
Nitrogen-Nitrite
|
1 mg/l
|
|
Nitrogen-Nitrate
|
10 mg/l
|
|
Free Carbon Dioxide
|
50 mg/l
|
|
Copper
|
1.0 mg/l
|
|
Lead
|
0.05 mg/l
|
|
Arsenic
|
0.05 mg/l
|
|
Alkalinity
|
100 mg/l
|
|
Calcium
|
150 mg/l
|
|
VOC's:
| |
|
Vinyl Chloride
|
0.002 mg/l (2 ppb)
|
|
Benzene
|
0.005 mg/l (5 ppb)
|
|
Carbon Tetrachloride
|
0.005 mg/l (5 ppb)
|
|
1, 2 Dichloroethane
|
0.005 mg/l (5 ppb)
|
|
Trichloroethylene
|
0.005 mg/l (5 ppb)
|
|
para-Dichlorobenzene
|
0.005 mg/l (5 ppb)
|
|
1, 1 Dichloroethylene
|
0.007 mg/l (7 ppb)
|
|
1, 1, 1 Trichloroethane
|
0.2 mg/l (200 ppb)
|
|
cis- 1, 2-Dichloroethylene
|
0.07 mg/l (70 ppb)
|
|
1, 2-Dichloropropane
|
0.005 mg/l (5 ppb)
|
|
Ethylbenzene
|
0.7 mg/l (700 ppb)
|
|
Monochlorobenzene
|
0.1 mg/l (100 ppb)
|
|
o-Dichlorobenzene
|
0.6 mg/l (600 ppb)
|
|
Styrene
|
0.1 mg/l (100 ppb)
|
|
Tetrachloroethylene
|
0.005 mg/l (5 ppb)
|
|
Toluene
|
1 mg/l (1,000 ppb)
|
|
trans-1, 2-Dichloroethylene
|
0.1 mg/l 100 ppb)
|
|
Xylenes
|
10 mg/l (10,000 ppb)
|
|
Dichloromethane
|
0.005 mg/l (5 ppb)
|
|
1, 2, 4-Trichlorobenzene
|
0.07 mg/l (70 ppb)
|
|
1, 1, 2-Trichloroethane
|
0.005 mg/l (5 ppb)
|
|
Methyl-tertiary butyl ether (MTBE)
|
0.07 mg/l (70 ppb)
|
G.
Color, Turbidity, Odor and Taste, which does not meet the specified
criteria must be retested after treatment and prior to approval of
the well.
H.
Sodium. Failure to meet the sodium level of 20 mg/l specified in § 369-7E does not constitute disapproval of the well. Sodium levels which exceed 20 mg/l prior to conditioning will require the owner of the property to document and record at the Registry of Deeds, at the owner's expense, the sodium level(s) detected, the recommended sodium level of 20 mg/l, and statements notifying property owners of the recommendation of the American Heart Association regarding sodium intake for individuals placed on a dietary sodium restriction of one gram a day or less for health reasons by their physician.
I.
Disapproval of Potable Well. Failure to meet all standards, with the exception of sodium, in § 369-7E, allowing for treatment of those parameters specified in § 369-7F and G, will require disapproval of the well as a source of potable water. Any drilled well which fails to meet potable standards, must be posted "FOR NON-POTABLE USE ONLY."
J.
The Board may require testing for additional parameters when, in
its opinion, it is necessary due to local conditions or for the protection
of health, safety and welfare.
A.
Abandoned Wells, i.e., those not in service for one year, those not
intended for future use, or those which pose a potential hazard or
health threat on the opinion of the Board of Health, shall be destroyed
by removing, plugging or sealing by decommissioning to protect the
groundwater. Wells out of use for an extended period of time shall
be covered with a secured cap.
B.
Only MA Registered Well Drillers may plug abandoned wells, Wells
shall be plugged with neat cement grout, sand cement grout, concrete
or bentonite grout. The grout shall be sufficiently fluid so that
it can be applied through a tremie pipe from the bottom of the well
upward, to a level approximately four feet below ground surface. Prior
to the surface seal being placed, casing shall be cut off six inches
— 12 inches below existing grade. The remaining depth of casing
shall be filled with concrete. The top of the seal should comprise
a concrete slab above the top of the plugged well or the boring.
A.
Property owners must register all existing wells, potable and non-potable
with the Board of Health within one year from the effective date of
these regulations. Upon the transfer of property, the seller (current
owner) shall be responsible to register any well on the property.
B.
Within 30 days of the completion of a well constructed in accordance
with an approved Well Construction Permit, a Well Water Completion
Report must be submitted to the Board of Health as specified in 313
CMR 3.00. The property owner must the notify the Board of Health when
the well is operable and must submit the necessary well analysis and
pump test.
C.
Following review of analytical results, pump tests and all other
pertinent information, an inspection will be made by the Board of
Health or its agent(s) to verify the well location, construction,
operation of the well pump and any required posting.
D.
A Well Registration Card will be issued to the property owner by
the Board of Health if the well location, construction, operation,
water quality and posting meet the specifications as detailed in these
regulations.
E.
All wells used for outdoor water use Excluding Farm irrigation documented
farms in the town must maintain Odd/Even water usage and abide by
all water bans put into effect by the Town of Easton Water Department.
A.
The Easton Board of Health may, after a public hearing, vary the
application of any provision of this code with respect to any particular
case, when in its opinion the enforcement thereof would do manifest
injustice, and the applicant has proven that the same degree on environmental
protection required under this code can be achieved without strict
application of the particular provision.
B.
Every application for a variance shall be made in writing, stating the specific variance sought and the reasons therefore. When the variance sought related to property setbacks as specified in § 369-3, direct abutter(s) must be notified in writing by the applicant seven days prior to the hearing at which time the request will be considered. The notice, a copy of which shall be provided to the Board of Health, shall state the variance sought, the reason therefor, and the hearing date, time and place.
C.
Any grant or denial of a variance shall be made in writing and shall
contain a brief statement of the reasons therefor.
D.
Any variance may be subject to such qualification, revocation, suspension,
or expiration as the Board of Health expresses in its grant. A variance
authorized may otherwise be revoked, modified or suspended in whole
or in part, only after the holder thereof has been notified in writing
and has been given the opportunity to be heard.
E.
Appeal. Any person aggrieved by the decision of the Board may seek
relief, therefrom, within 30 days in any court of competent jurisdiction
as provided by the laws of the Commonwealth.
A.
The Board of Health or its agent(s) may enter upon privately owned
property for the purpose of conducting inspections, investigating
violations of these regulations and performing all other duties under
these regulations.
B.
These regulations may be enforced pursuant to the non-criminal disposition procedure set forth in MGL c. 40, § 21D and Chapter 50 of the Code of the Town of Easton. The Board of Health, the Easton Water Department and the Easton Police Department shall be the enforcing agents for purposes of these regulations.
C.
Any person, business, corporation or other legal entity who violates
any provision of these regulations for which a penalty is not otherwise
provided in the General Laws, or any other state or federal code shall
upon conviction be fined not less than $20 nor more than $500. Each
day's failure to comply with these regulations shall constitute
a separate violation.
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 an existing state
law shall automatically be brought into conformity with the new or
amended law and shall be deemed to be effective immediately, without
recourse to a public hearing and the customary procedure for amendment
or repeal of such regulation.
These regulations were adopted by vote of the Easton Board of
Health, at their regularly scheduled meeting held on December 20,
2010 and are to be in full force and effect on and after January 3,
2011. Before said date, these regulations shall be published and a
copy there of be placed on file in the Board of Health Offices as
well as the Town Clerk's office, and filed with the Department
of Environmental Protection, Division of Water Supply 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 its agency that the water system will function satisfactorily
nor that the water supply will be of sufficient quality or quantity
for its intended use. This permit does not relieve the permittee or
any other person of the necessity of obtaining all other applicable
permits and complying with all other applicable state or local statutes,
by-laws, or regulations, including but not limited to the building
code, zoning by-law, and wetland laws. This preceding statement shall
be printed on each well construction permit issued by the Board of
Health.
