[HISTORY: Adopted by the Town of Nantucket as indicated in
article histories. Amendments noted where applicable.]
[Adopted by the Board of Health 8-22-1990, effective 8-24-1990[1]; amended in its entirety9-21-2023 , effective 1-1-2024 ]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
The purpose of this regulation is to provide for the protection
of the public health, safety, welfare and the environment by, among
other things, requiring the proper siting, constructing and testing
of private wells. Regulations were modeled after MassDEP Private Well
Guidelines and MassDEP Model well regulations.
These regulations are adopted by the Nantucket Board of Health,
pursuant to its authority under MGL c. 111, § 31. These
regulations supersede all previous regulations for private wells adopted
by the Board of Health.
Unless the context or subject matter requires otherwise, the
following words and phrases shall, for the purposes of this document,
have the meanings specified in this section.
Words and phrases used in the present tense include the future;
words and phrases used in the masculine gender include the feminine
and neuter; and the singular number includes the plural and the singular.
Words and phrases not defined in this section shall have their
conventional meanings unless expressly stated otherwise.
A well that that is out of service and that meets any of
the following criteria: 1) construction was terminated prior to completion
of the well, 2) the well owner has notified the local Board of Health
that use of the well has been permanently discontinued, 3) the well
has been out of service for at least three years, 4) the well is a
potential hazard to public health or safety and the situation cannot
be corrected, 5) the well is in such a state of disrepair that its
continued use is impractical, or 6) 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 designated and authorized by the Board to implement,
in whole or part, these regulations. To the extent provided by the
Board, the agent shall have all the authority of the Board and shall
be directly responsible to the Board and under its direction and control.
Change the structural or hydraulic characteristics of an
existing well including but not limited to deepening, decommissioning,
performing well yield enhancement, or performing casing extension,
replacement, perforation or repair.
Any person who applies to construct a private well.
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 bound above and below by impermeable material
or materials or 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 mixture of swelling clay minerals containing at least 85%
of 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.
The Board of Health of Nantucket, Massachusetts or its authorized
agent.
Performing for commercial purposes, the activity of drilling
or altering wells.
Impervious durable pipe placed in a boring to prevent the
walls from caving and to serve as a vertical conduit for water, other
fluids, or gases in a well.
A person authorized by nontransferable certification with
the Department, under 310 CMR 46.00, to engage in the business of
well drilling and alteration, determining well yield and pump Installation.
A laboratory certified by the Department for the analysis
of drinking water and required water quality analytes. Provisional
certification is acceptable.
An individual authorized by nontransferable certification
with the Department to drill or alter wells, as specified in 310 CMR
46.03(3) and who is working for a certified company.
A mixture consisting of Portland cement (ASTM Standard C150,
type I 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.
Massachusetts Department of Environmental Protection.
Any oxidant, including but not limited to chlorine, chorine
dioxide, chloramines, and ozone, which is added to water in any part
of the treatment or distribution process, and is intended to kill
or inactivate pathogenic microorganisms.
Area within the highest hydrological regional contour line.
There are currently seven dome areas on Nantucket.
Water used for human consumption.
Install, replace, or alter a pump or any component thereof
for a well.
A well used for the sole purpose of watering or irrigation
and not for drinking water. The well shall not be connected at any
time to a dwelling or a building unless it meets the requirements
of a private drinking water well and has the Board's written
approval.
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.
Any well that is exposed to and draws water from any type
of unconsolidated material, including but not limited to sand and
gravel deposits.
Any agency or political subdivision of the federal government
or the commonwealth, any state, public or private corporation or authority,
individual, trust, firm, joint stock company, partnership, association,
or other entity, and any officer, employee or agent of said person,
and any group of said persons.
Any private well that is used for the purpose of supplying
water used for drinking water.
Any hole or shaft drilled into the ground to inject or withdraw
water, other fluids, or gasses, monitor soil gasses, monitor groundwater
levels or water quality, transfer heat, or provide cathodic protection
that is not regulated as a public water supply under 310 CMR 22.00.
The gallons per minute (gpm) of water that can flow or be
withdrawn from a well, at a sustained rate after a minimum of two
hours if the water level has stabilized (water level does not fluctuate
more than three inches) for the last 30 minutes of the test.
The mechanical equipment or devices used to remove water
from a well. For a well with a pitless adapter, the pump system includes
all piping and the pitless adapter. For a well with a submersible
pump and without a pitless adapter, the pump system includes all piping
up to the metering device, or if none, then up to the main control
valve inside the foundation of the structure served by the well. For
a well without a submersible pump and without a pitless adapter, the
pump system includes all piping up to and including the wellhead.
For installation or repair purposes, the pump or pump system includes
all piping up to the metering device or, if none, then up to the main
control valve inside the foundation of the structure served by the
well.
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
Installation of a pump of the same horsepower as the pump
that was last removed, installation of any component of a pump with
a component of the same size and capacity as the one that was last
removed; also, removal and replacement of a pump or any component
thereof.
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.
The distance from established ground surface to the stabilized
water level in a well which is neither being pumped nor under the
influence of pumping.
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 is used for drinking, bathing, showering, cooking,
dishwashing, or maintaining oral hygiene; see also "drinking water."
A process to increase the production of water and yield by
using water under pressure, or another substance the Department has
approved for use in the process, to clean out existing fractures to
allow water to flow into the well from other areas.
The above ground component or structure built over a well.
A.
No person shall install, alter, repair, replace or use any private
well, or any component thereof, installed after the effective date
of this regulation unless such installation, alteration, repair, replacement,
or use is duly permitted by the Board and is in compliance with all
provisions of this regulation and all other applicable federal, state
and local laws concerning the use of water from private wells.
B.
A certified well driller or certified company shall obtain a permit
from the Board of Health prior to the commencement of any installation,
alteration, repair or replacement of a private well or any component
thereof. Emergency repairs can be made prior to receipt of a permit,
subject to providing notice to the Agent, complying with all other
requirements of this regulation and obtaining the necessary permit
at the earliest practicable time. The fee may be waived by the Agent
for emergency repairs or maintenance and the work shall be limited
to the minimum work necessary to abate the emergency. No person shall
perform any installation, alteration, repair, or replacement on a
well or any component thereof, in an emergency or otherwise, unless
they are a certified well driller.
C.
Each permit application shall include the following:
(1)
The property owner's name and address.
(2)
The well driller's name and proof of valid Massachusetts certification.
(3)
A plan with a specified scale, signed by a registered surveyor or
engineer, showing the location of the well or proposed well in relation
to existing or proposed above or below ground structures.
(4)
Proof that the owner of any property within 400 feet of the applicant's
well site has been notified, by certified mail, return receipt requested,
of the applicant's intention to install a well.
(5)
A description of prior and current land uses within 200 feet of the
proposed well location, which represent a potential source of contamination,
including but not limited to the following:
(6)
A permit fee.
D.
A copy of the permit shall be on-site at all times that work is taking
place. Each permit shall expire upon completion of the work or within
two years from the date of issuance unless revoked for cause or extended.
Permits may be extended for one additional six-month period provided
that a written explanation for the request is received by the Board
prior to the two-year expiration date.
E.
Permits are transferable to a new certified well driller or certified
company prior to expiration or revocation of a permit and upon appropriate
written notice from the new certified well driller.
F.
No permits for installation of a new well will be issued if the property
location has access to municipal water service. Applicants must tie
into the municipal water system. In the case of a property with an
existing well connecting to a public water supply, the existing well
must be abandoned if PFAS limit exceeds the current MassDEP public
drinking water standard/Massachusetts Maximum Contaminant Level (MMCL);
otherwise, the existing well can be for irrigation purposes only.
A.
No person shall use a well that was installed, altered, repaired
or replaced after the effective date of this regulation unless the
Board of Health has issued a water supply certificate and the well
is in compliance with all provisions of this regulation and all other
applicable federal, state and local laws concerning the use of water
from private wells.
B.
The issuance of a water supply certificate by the Board shall certify
that the private well may be used as a drinking water supply. A water
supply certificate must be issued for the use of a private well prior
to the issuance of an occupancy permit for an existing structure or
prior to the issuance of a building permit for new construction which
is to be served by the well.
C.
D.
Upon the receipt and review of the above documents, the Board shall
make a final decision on the application for a water supply certificate.
A final decision shall be in writing and shall comprise one of the
following actions:
(1)
Issue a water supply certificate.
(2)
Deny the applicant a water supply certificate and specify the reasons
for the denial.
(3)
Issue a conditional water supply certificate with those conditions
which the Board deems necessary to ensure fitness, purity and quantity
of the water derived from that private well until full compliance
can be achieved. These conditions may include, but not be limited
to, requiring treatment and/or additional testing of the water and
deadlines for achieving full compliance.
A.
In locating a well, the applicant shall identify on a plan all potential
sources of contamination which exist or are proposed within 400 feet
of the site. When possible, the well shall be located upgradient of
all potential sources of contamination and shall be as far away from
potential sources of contamination as possible, given the layout of
the property.
B.
No well shall be permitted unless it meets the following setback
requirements:
(1)
Five feet from the property line.
(2)
Ten feet from public or private roadway.
(3)
Ten feet from right-of-way.
(4)
Fifty feet from building sewer line or septic tank.
(5)
One hundred feet from leaching field or drywell.
(6)
One hundred feet from stable, barnyard, manure storage.
(7)
One hundred feet from an underground fuel storage or pesticide tank.
(8)
Twenty five feet from any surface water, including, but not limited
to, wetlands.
C.
The Board reserves the right to impose minimum setback requirements
from other potential sources of contamination not listed above. All
such additional setback requirements shall be listed, in writing,
as a condition of the well construction permit.
D.
Each private well shall be located so that it is accessible for repair,
maintenance, testing, and inspection. The well shall be completed
in a water bearing formation that will produce the required volume
of water under normal operating conditions.
E.
No private well permit application shall be approved if the well
is to be within a 100-foot separation distance from existing and proposed
leaching facilities and a 300-foot separation distance in a downgradient
groundwater flow direction from existing or proposed leaching facilities.
F.
Groundwater flow directions will be determined using Water Table
Map #2 prepared by HWH, Inc. as part of its Nantucket Water Resources
Management Plan, March 1990, as may be amended from time to time.
In the alternative, the Board, in its sole discretion, may accept
field data submitted by the applicant, Board of Health or its agent,
which field data shall be gathered by measuring the site-specific
flow conditions using at least three observation wells in which water
table elevations will be measured.
G.
All wells located in the dome areas shown on Map #2, HWH Water Management
Report, March 1990, on file with the Board of Health ("HWH Map #2"),
as may be amended from time to time, shall be exempt from the 300-foot
separation distance in a downgradient groundwater flow direction from
existing or proposed leaching facilities but shall maintain a 100-foot
separation distance from said facilities. A "dome" is defined as the
area within the highest hydrological regional contour line. There
are currently seven dome areas on Nantucket.
H.
The Board reserves the right to impose minimum lateral distance requirements
from other potential sources of contamination not listed above. All
such special well location requirements shall be listed, in writing,
as a condition of the well construction permit.
I.
Water supply lines shall be installed at least 10 feet from and 18
inches above any sewer line. Whenever water supply lines must cross
sewer lines, both lines shall be constructed of Class 150 pressure
pipe and shall be pressure tested to assure watertightness.
J.
No private well, or its associated distribution system, shall be
connected to either the distribution system of a public water supply
system or any type of waste distribution system.
A.
The applicant shall submit to the Board for review and approval prior
to issuance of a well construction permit and again prior to issuance
of a water supply certificate for installation of a new well or replacement
of an existing well a pumping test report. The pumping test report
shall include at a minimum: the name and address of the well owner,
well location referenced to at least two permanent structures or landmarks,
date the pumping test was performed, depth at which the pump was set
for the test, location for the discharge line, static water level
immediately before pumping commenced, discharge rate and, if applicable,
the time the discharge rate changed, pumping water levels and respective
times after pumping commenced, maximum drawdown during the test, duration
of the test, including both the pumping time and the recovery time
during which measurements were taken, recovery water levels and respective
times after cessation of pumping, and reference point used for all
measurements.
B.
No well construction permit or water supply certificate for installation
of a new well or replacement of an existing well shall be issued unless
the pumping test report demonstrates that the well will have the ability
to supply a sufficient quantity of water for the use of the property
to be served by the well.
A.
After the construction of the well has been completed and disinfected,
and prior to issuance of a water supply certificate, baseline water
quality testing shall be conducted.
B.
After any construction and/or maintenance of septic systems as identified
in 310 CMR 15.000: Septic systems ("Title 5") located within a 100-foot
separation distance from an existing well and a 300-foot separation
distance in a downgradient groundwater flow direction from an existing
well, baseline water quality testing shall be conducted from the existing
well.
C.
A water sample shall be collected either after purging three well
volumes or following the stabilization of the pH, temperature and
specific conductance in the pumped well. The water sample to be tested
shall be collected at the pump discharge or from a disinfected tap
in the pump discharge line. In no event shall a water treatment device
be installed prior to sampling.
D.
Water quality testing of the private drinking water well, utilizing
the applicable US EPA approved method for public drinking water testing,
shall be conducted by a Massachusetts or EPA certified laboratory
and shall include analyses for the following parameters:
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Arsenic
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Chloride
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Copper
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Fluoride
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Hardness
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Iron
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Lead
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Manganese
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pH
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Sodium
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Total coliform bacteria
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E. coli bacteria
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Nitrate/Nitrite
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PFAS (Per- and polyfluoroalkyl substances) including the following
six PFAS chemicals referred to as PFAS6:
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Perfluorooctane sulfonic acid (PFOS)
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Perfluorooctanoic acid (PFOA)
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Perfluorohexane sulfonic acid (PFHxS)
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Perfluorononanoic acid (PFNA)
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Perfluoroheptanoic acid (PFHpA)
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Perfluorodecanoic acid (PFDA)
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Note: Nantucket Board of Health will require sampling for any
additional Per- and Polyfluoroalkyl Substances (PFAS) substances as
identified by MassDEP/U.S. Environmental Protection Agency (EPA) as
they update the National Primary Drinking Water Regulations (NPDWR).
Samples must meet the prescribed limits.
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E.
In wells drilled into bedrock the Board of Health requires that in
addition to the parameters listed above, a gross alpha screen and
radon test be performed. If the gross alpha screen detects radiation
of 15 pCi/L or more, then the water must be analyzed for uranium concentrations.
If the Gross Alpha screen detects radiation of 5 pCi/L or more, then
the water must be analyzed for radium and uranium concentrations.
G.
The owner of every well used for drinking water including those serving a property which is rented or leased shall have its water tested at a Massachusetts certified laboratory for the following chemical and bacteriological parameters at a minimum of once a year: total coliform bacteria, e. coli bacteria, nitrate, nitrite, pH, conductivity, sodium, and iron. All other required chemical parameters listed in § 386-8D should be tested at a minimum of every 10 years. Wells installed in bedrock aquifers should also be tested at a minimum of every 10 years for the radiological parameters described in § 386-8E. The Board of Health may require more frequent testing, or testing for additional parameters, where other water quality problems are known or suspected to exist.
H.
The owner of a rental property shall make results of all water quality
tests available to all tenants of the property and the Board of Health
upon request. In cases where the well water does not meet the water
quality standards outlined above, the Board of Health may require
the property owner to provide an alternative approved source of drinking
water for the tenants.
I.
Prior to selling, conveying, or transferring title to real property,
the owner shall have tested the water of every private drinking water
well serving that property. A water sample from each well shall be
submitted to a Massachusetts certified laboratory for testing for
the parameters listed in the water quality section[1] of this document. This water quality testing shall have
been performed not more than one year prior to transfer of the property.
Results of the water quality testing shall be submitted to the Board
of Health prior to property transfer.
J.
In addition, the owner shall give copies of all available water quality
test results of which he/she has knowledge (regardless of age of results)
for the private well in question to any buyer and/or broker involved
in the transfer. In the event that there is no buyer at the time the
water is tested, a copy of all water test results must be given by
the owner to the buyer before the property is put under agreement.
K.
The Board reserves the right to require retesting of the above parameters,
or testing for additional parameters when, in the opinion of the Board,
it is necessary due to local conditions or for the protection of public
health, safety, welfare and the environment. All costs and laboratory
arrangements for the water testing are the responsibility of the applicant.
L.
Following a receipt of the water quality test results, the well owner
shall submit a Water Quality Report to the Board, which includes:
M.
This regulation requires that private drinking water wells meet all
current Massachusetts' Primary and Secondary Drinking Water Standards
and Guidelines adopted by the MassDEP Office of Research and Standards
(ORS). In any case where a private drinking water well does not meet
such Standards or Guidelines, as it deems necessary for the protection
of public health, safety or welfare, that the Board may take action,
but not limited to, requiring the property owner to provide an alternative
source of drinking water, tie into municipal water system if available
and install POE/POE treatment.
A.
No person shall install, alter, repair, or replace any private well,
or any component thereof, unless they are a certified well driller.
B.
Any work involving the connection of the private well to the distribution
system of the residence must conform to the local plumbing code. All
electrical connections between the well and the pump controls and
all piping between the well and the storage and/or pressure tank in
the house must be made by a pump installer or certified well driller,
including the installation of the pump and appurtenance(s) in the
well or house.
C.
A physical connection is not permitted between a water supply which
satisfies the requirements of these regulations and another water
supply that does not meet the requirements of these regulations without
prior approval of the Board.
D.
General well design and construction.
(1)
All private wells shall be designed and constructed such that:
(a)
The materials used for the permanent construction are durable
in the specific hydrogeologic environment that occurs at the well
site.
(b)
No unsealed opening is being left around the well that could
conduct surface water or contaminated groundwater vertically to the
intake portion of the well or transfer water from one formation to
another.
(2)
Permanent construction materials shall not leach or contribute toxic
substances, taste, odors, or bacterial contamination to the water
in the well.
(3)
The driller shall operate all equipment according to generally accepted
standards in the industry and shall take appropriate precautions to
prevent damage, injury or other loss to persons and property at the
drilling site.
(4)
Well construction design shall ensure that surface water does not
enter the well through the opening or by seepage through the ground
surface. Construction site waste and materials shall be disposed of
in such a way as to avoid contamination of the well, any surface water
or the aquifer. During any time that the well is unattended, the contractor
shall secure the well in a way as to prevent either tampering with
the well and/or the introduction of foreign material into the well.
(5)
All water used for drilling, well development, or to mix a drilling
fluid shall be obtained from a source, which will not result in contamination
of the well or the water bearing zones penetrated by the well. Water
from wetlands, swamps, ponds and other similar surface features shall
not be used.
(6)
Water shall be conveyed in clear sanitary containers or water lines
and shall be chlorinated to an initial concentration between 50 milligrams
per liter (mg/L) and 100 mg/L. All drilling equipment including pumps
and down hole tools, shall be cleaned and disinfected prior to drilling
each new well or test hole.
(7)
All drilling fluids shall be nontoxic. Drilling fluid additives shall
be stored in clean containers and shall be free of material that may
adversely affect the well, the aquifer, or the quality of the water
to be pumped from the well. Surfactants shall be biodegradable. The
use of biodegradable organic polymers shall, when possible, be avoided.
(8)
All wells, including those that have been hydro fractured, shall
be developed in order to remove fine materials introduced into the
pore spaces or fractures during construction. One or more of the following
methods shall be used for development: over pumping, backwashing,
surging, jetting, air-lift pumping.
(9)
The completed well shall be sufficiently straight so that there will
be no interference with installation, alignment, operation or future
removal of the permanent well pump.
E.
Well casing.
(1)
Private water supply wells shall be constructed using either steel
or thermoplastic well casing. The casing shall be of adequate strength
and durability to withstand anticipated formation and hydrostatic
pressures, the forces imposed on it during installation, and the corrosive
effects of the local hydrogeologic environment.
(2)
All casing used in the construction of private wells shall be free
of pits, breaks, gouges, deep scratches and other defects. If previously
used casing is installed, it shall be decontaminated and disinfected
prior to installation.
(3)
Installation of water well casing shall be done in a manner that
does not alter the shape, size, or strength of the casing and does
not damage any of the joints or couplings connecting sections of the
casing. A standard drive shoe shall be used when casing is installed.
The drive shoe shall be either welded or threaded to the lower end
of the string of casing and shall have a beveled metal cutting edge
forged, cast, or fabricated for this specific purpose.
(4)
Upon completion of the installation procedure, the entire length
of the casing above the intake shall be watertight.
(5)
Well casing shall not be cut off below the land surface unless a
pitless adapter or a pitless unit is installed or an abandoned well
is being permanently plugged. Well casing terminating above-grade
shall extend at least 12 inches above the predetermined ground surface
at the wellhead except when the well is located in a floodplain. When
a well is located in a floodplain, the well casing shall extend at
least two feet above the level of the highest recorded flood. The
top of the well casing shall be reasonably smooth and level.
F.
Well screen.
(1)
A well screen is required for all drilled wells that are completed
in unconsolidated formations. All well screens shall be of Grade 304
stainless steel. Wells completed in bedrock do not require a screen
unless the bedrock formation is brittle in nature or has a potential
for collapse. The well screen aperture openings, screen length, and
diameter shall be selected so as not to limit the aquifer's water
yielding characteristics while preventing access of soil particles
that would detract from well efficiency and yield.
G.
Grouting and sealing.
(1)
Private wells drilled in bedrock shall be grouted from the ground
surface or from the bottom of the pitless adaptor (if present) to
15 feet into competent bedrock. Neat cement grout, sand cement grout,
or Bentonite grout shall be used. It shall have a permeability of
at least 1 x 10-7 and be emplaced using standard grouting techniques
as described in the MassDEP Private Well Guidelines, as amended.
(2)
All wells completed with the casing extending above grade shall have
a surface seal designed to eliminate the possibility of surface water
flowing down the annular space between the well casing and the surrounding
backfilled materials. The surface seal shall extend to a depth below
the local frost line.
H.
Wellhead completion.
(1)
All wells shall be equipped with a sanitary seal or watertight cap
designed to prevent surface water and foreign matter from entering
the well.
(2)
All wells except flowing artesian and dug wells shall be vented.
The opening of the vent pipe shall be covered with a twenty-four-mesh
corrosion-resistant screen and shall be large enough to prevent water
from being drawn into the well through electrical conduits or leaks
in the seal around the pump when the pump is turned on. The vent pipe
shall terminate in a downward position at or above the top of the
casing.
(3)
All connections to a well casing made below ground shall be protected
by either a pitless adapter or a pitless unit that complies with the
most recent revision of National Sanitation Foundation Standard Number
56, entitled "Pitless Well Adapters."
(4)
Above-grade connections into the top or side of a well casing shall
be at least 12 inches above the established ground surface or two
feet above the level of the highest known flood, whichever is higher.
Above-grade connections shall be sealed so that they are watertight.
(5)
The ground immediately surrounding the well casing shall be sloped
downward and away from the well in all directions to eliminate the
possibility of surface water ponding.
I.
Disinfection.
(1)
Upon completion of well construction, the well driller shall disinfect
the well. If a pump is to be installed immediately upon completion
of the well, the pump installer shall disinfect the well and the pumping
equipment after the pump has been installed.
(2)
If the pump is not installed upon completion of the well, the pump
installer shall, upon installation, disinfect the well and the pumping
equipment. The pump installer shall also disinfect the entire water
supply system immediately after any maintenance or repair work is
done on the pump.
(3)
When a well is disinfected, the initial chlorine concentration shall
be 100 mg/L throughout the entire water column.
(4)
For newly constructed or altered wells in which the pump is not immediately
installed, the chlorine concentration used to disinfect the well shall
be 100 mg/L. Upon installation of the pump, the well, the pumping
equipment, and the distribution system, if connected, shall be disinfected
with a chlorine concentration of 100 mg/L.
(5)
The disinfectant solution shall remain undisturbed in the well for a minimum of two hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a Massachusetts certified laboratory. For new wells, the sample shall be tested pursuant to § 386-6 of these regulations.
(6)
Only certified well drillers are authorized to physically alter,
or repair a well. For wells, that have undergone repair, a sample
shall be tested for total coliform bacteria and any other parameters
deemed appropriate by the Board, prior to being put back in use.
A.
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.
B.
The owner of a private well shall abandon and decommission the well
if any of the following criteria are met:
(1)
Construction of the well is terminated prior to completion of the
well.
(2)
The well owner notifies the Board that the use of the well is to
be permanently discontinued.
(3)
The well has been out of service for at least three years.
(4)
The well is a potential hazard to public health or safety and the
situation cannot be corrected.
(5)
The well is in such a state of disrepair that its continued use is
impractical or unsafe.
(6)
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.
(7)
The well is sampled as per § 386-8C and D and fails the water quality parameters established by US EPA or MassDEP and the property location has access to municipal water service. In the event of abandonment due to the presence of contamination, the property owner will not be permitted to install a new well if the property can be connected to the municipal water system.
C.
The property owner shall ensure that that all abandoned wells and
test holes or borings associated with the well installation are properly
plugged before work at the site is completed. Only certified well
drillers may plug abandoned wells, test holes, and borings.
D.
Abandoned overburden wells or borings shall be completely filled
with a low permeability grout, which cures with a final permeability
of less than 1 x 10-7 cm/sec. Wells shall be plugged with neat cement
grout, sand cement grout, concrete, or bentonite grout.
E.
Regardless of the type used, the grout used for plugging shall:
(1)
Be sufficiently fluid so that it can be applied through a tremie
pipe from the bottom of the well upward;
(2)
Remain as a homogeneous fluid when applied to the subsurface rather
than disaggregating by gravity into a two-phase substance;
(3)
Be resistant to chemical or physical deterioration; and
(4)
Not leach chemicals, either organic or inorganic, that will affect
the quality of the groundwater where it is applied.
F.
The plugging materials shall be introduced at the bottom of the well
or boring and placed progressively upward to a level approximately
four feet below the ground surface. Sealing materials shall not be
poured from the land surface into the well, borehole, or annular space
being sealed.
G.
The well driller shall install a surface seal after the well or boring
has been plugged. Before the surface seal is placed, casing remaining
in the hole shall be cut off. The remaining four feet at the top of
the well or boring shall then be filled with concrete. The top of
the seal shall comprise a concrete slab above the top of the plugged
well or boring. This concrete slab shall be at least six inches thick
and shall be at least two feet greater in diameter than the well casing
or borehole wall.
A.
Whenever a person has submitted a subdivision or preliminary subdivision
plan followed within seven months by a definitive plan, or a plan
referred to in MGL c. 41, § 81P, as the case may be, the
land shown on such plan shall be governed by the provisions of the
state Environmental Code and Board of Health regulations, if any,
which differ from the code which are in effect at the time of first
submission of the plan. Such provisions shall apply while the plan
is processed until rejected, or if approved, until three years from
the date of filing pursuant to MGL c. 111, § 127P.
B.
Any lot not covered by Subsection A which is shown or referred to in a deed or shown on a plan duly recorded at the Nantucket Registry of Deeds, or filed in the Land Registration Office before the effective date of this regulation, August 24, 1990, shall comply with § 386-6A of the regulation to the maximum extent possible, meaning that wells shall be located as close to the regulation distance requirements as lot size and contours permit. As a minimum requirement, said lot shall comply with current state Sanitary Code regulations and local regulations in effect prior to August 24, 1990. In the event that a preexisting lot cannot comply with the 300-foot separation requirement set forth in § 386-6A, then, in that event, the Board of Health, or its agent, shall in any case grant to said lot an exemption from the 300-foot separation requirement upon the following conditions:
(1)
The applicant shall submit to the Board of Health a design plan stamped
by a professional engineer or land surveyor showing the location of
the proposed well, the proposed or existing leaching facilities on
said lot, locations of all wells and leaching facilities within 400
feet of the proposed well, or as far from the locus as deemed necessary
to determine that compliance with this section cannot be met, and
the groundwater gradient and direction of flow for said lot (as determined
by Map #2, HWH Water Management Report, March, 1990 on file with the
Board of Health).
(2)
For preexisting, vacant lots being held in contiguous ownership prior
to the effective date of this regulation, the applicant shall also
file a stamped plan with such design and location information showing
maximum compliance with the 300-foot separation requirement for contiguous
lots abutting the subject lot.
(3)
All new leaching facilities on an improved lot shall, if necessary,
be relocated on said lot to the maximum separation distance attainable
at the time the facilities are replaced up to 300 feet provided it
includes Innovative Alternative (IA) technology and meets maximum
feasibility compliance under 310 CMR 15.00.
(4)
Adjustments of preexisting lot lines shall not subject said lot to
compliance with the 300-foot separation requirement on the condition
that such adjustments do not create an additional "buildable" lot
and the distance between the well and leaching facility on said lot
is not diminished.
A.
The Board has authority to investigate suspected or known violations
of these regulations and/or violations of any water supply certificate
conditions. The Board may take actions, as it deems appropriate, within
its authority for the protection of public health, safety welfare,
or the environment, and to enforce any of the provisions of this regulation.
B.
If any investigation reveals a violation of these regulations or
the water supply certificate conditions, the Board may order the private
well owner, and/or any other person responsible for the violation,
to comply with the violated provision(s), and/or take other action
within its authority as the Board deems appropriate, including but
not limited to suspension or revocation of a well construction permit
or water supply certificate.
C.
Any order the Board issues shall be in writing and served upon the
owner of the well and the party responsible for the violation by delivering
a copy to the person's last known address. For purposes of service,
the Board may rely on information provided by the applicant, the records
of the Town's Board of Assessors, the records of the Department
with respect to certified well drillers and certified Companies, and
any other reliable information. If the last known address of the person
responsible for the violation cannot be determined, it shall be the
property owner's responsibility to comply with the order.
Any person to whom the Board issues an order may request a hearing
before the Board by filing with the Board within seven days after
the day the order was served a written request for a hearing. Upon
receipt of a hearing request, the Board shall set a time and place
for the hearing and shall inform the well owner and responsible party
in writing. At the hearing the person requesting the hearing shall
be given an opportunity to be heard and show why the order should
be modified or withdrawn. After the close of the hearing, the Board
shall issue a written decision to sustain, modify, or withdraw the
order and shall mail a copy of the decision, by certified mail, return
receipt requested, to the person who requested the hearing and the
well owner. If the Board sustains or modifies the order, it shall
be carried out within the time period allotted in the original order
or in the modification. A request for a hearing shall not relieve
the responsible party of its obligation for complying with the order
unless and until it is modified or vacated by the Board.
Any person aggrieved by the final order, Variance, well Construction
Permit, or certificate of water supply determination of the Board
may appeal to any court of competent jurisdiction as provided by the
laws of the commonwealth.
A.
This regulation may be enforced by duly authorized agent of the Board.
Whoever violates any provision of this regulation may be penalized
by a noncriminal disposition process as provided in MGL c.40, § 21D
and the Town's noncriminal disposition bylaw. If noncriminal
disposition is elected, the noncriminal fine for each such violation,
if not otherwise specified, shall be:
First offense: $100
Second offense: $200
Third and subsequent offenses: $300
B.
Each day or portion thereof shall constitute a separate offense.
If more than one, each condition violated shall constitute a separate
offense.
C.
Whoever violates any provision of this regulation may be penalized
by indictment or on complaint brought in the district court. Except
as may be otherwise provided by law and as the district court may
see fit to impose, the maximum penalty for each violation or offense
shall be $1,000. Each day or portion thereof shall constitute a separate
offense. If more than one, each condition violated shall constitute
a separate offense.
D.
The Board of Health may enforce this regulation or enjoin violations
thereof through any lawful process, and the election of one remedy
by the Board of Health shall not preclude enforcement through any
other lawful means.
A.
The Board may grant a variance to any provision of this regulation
when, in its opinion, the enforcement would result in manifest injustice,
and the applicant has demonstrated that the equivalent degree of protection
will be provided without strict application of the particular provision(s)
sought to be varied.
B.
Every request for a variance shall be in writing, shall state the
specific provision of this regulation from which variance is sought,
the reasons for seeking the variance and proof of the notice required
below. The request shall also contain the information to establish
manifest injustice and equivalent degree of protection. At least 10
days prior submission of the application to the Board, the applicant
shall provide notice of their intent to the request a variance as
follows: a) by certified mail, return receipt requested to all abutters
of the property upon which the private well will be or is located
and b) publication in a newspaper of general circulation in the Town.
The notice shall include at a minimum: the name and address of the
well location, a statement of the provision(s) of this regulation
from which a variance is sought, and the reason for seeking the variance.
Any grant or denial of a variance shall be in writing and shall contain
a brief statement of the reasons for approving or denying the variance.
C.
The Board may issue a variance subject to such conditions as it deems necessary to public health, safety, welfare or the environment. Any such conditions shall be stated in writing in the Board's grant of the variance. The Board may revoke, modify or suspend, in whole or in part, a variance after the property owner has been notified in writing and is afforded an opportunity to be heard, pursuant to § 386-11 of these regulations.
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 procedures for amendment
or repeal of such regulation.
These regulations were adopted by vote of the Nantucket Massachusetts
Board of Health, at public meeting held on September 21, 2023, and
are to be in full force and effect on and after January 1, 2024. Before
said date, these regulations shall be published and a copy placed
on file in the Board of Health Offices and filed with the Department
of Environmental Protection, Division of Wastewater Management in
Boston. These regulations or any portions thereof may be amended,
supplemented or repealed from time to time by the Board, as provided
by law and applicable regulations.
The issuance of a well permit shall not be construed as a guarantee
or certification by the Board or its agents that the water system
will function satisfactorily or that the water supply will be of sufficient
quality or quantity for its intended use.
