[Adopted by the Board of Health 8-29-1990, effective 8-31-1990[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
A.
Purpose. These regulations are intended to protect the public health
and general welfare by ensuring the upgrading of substandard sewage
disposal systems in a manner which will protect the quality of the
groundwater on the Island of Nantucket.
B.
Authority. These regulations are adopted by the Town of Nantucket's
Board of Health as authorized by MGL c. 111, § 31.
Systems of domestic sewage disposal which do not presently comply
with the minimum standards specified by state and local regulations
shall be brought into compliance when:
A.
An application for a building permit for which expansion of the existing
system is required is filed with the proper departments. The soil
absorption system shall comply with the maximum separation and/or
setback distance attainable up to 300 feet without the use of a lift
pump.
A.
All subject systems shall comply with the minimum standards of the current State Sanitary Code, and with current local regulations to the maximum extent possible, meaning that systems shall be located as close to the horizontal separation distance requirements as lot contours and size allow unless the attainable increase in required horizontal separation distance is 20 feet or less. Systems which cannot meet current Title 5 standards shall require a variance (see Chapter 223, Article I, Variances, of the Town Regulations).
B.
Prior to selling, conveying, or transferring title to real property
in Nantucket which contains an existing system, the owner thereof
shall have had an inspection of said system by a system inspector
certified by the state, indicating that said system is functioning,
nonfunctioning, or in failed condition.
C.
The inspection shall take place not more than 270 days prior to or
180 days after the transfer of property. The Agent of the Board of
Health must receive the signed official inspection form and/or certificate
of compliance within seven days of the inspection.
A.
The systems described in the following subsections shall be exempt
from this upgrade regulation to the extent therein provided.
(1)
Any system complying with the 1978 State Sanitary Code as evidenced
by an "as-built" plan on file with the Nantucket Board of Health,
which permit is dated less than three years from the date of transfer
and has proof of annual pumping, shall be exempt from this compliance
standard and no inspection of the system shall be required.
(2)
Any system which complies with the 1978 State Sanitary Code as evidenced
by an "as-built" plan on file with the Nantucket Board of Health which
has been inspected less than three years from date of transfer and
has proof of annual pumping shall be exempt from these compliance
standards and no inspection of the system shall be required.
B.
Any transfer of real estate which qualifies for a (b) through (l)
exemption, inclusive, from the Nantucket Island Land Bank fee imposed
by Chapter 669 of the Acts of 1983 of the Commonwealth of Massachusetts,
as amended, as more specifically set forth in Section 12 of such Act,
as amended, shall also be exempt from these upgrade-upon-transfer
compliance requirements unless said transfer is to a third party for
fair market, monetary consideration.
C.
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 health codes 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.
The effective date of this upgrade-upon-transfer requirement
shall be February 1, 1991.
