[Adopted by the Board of Health 5-7-2003[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations 6-16-2022.
A.
The intent
of these regulations is to further protect all existing and potential
groundwater, surface waters, harbors and estuaries on Nantucket Island
from contamination from septic system failure.
B.
These regulations
are promulgated by the Board of Health of the Town of Nantucket pursuant
to its authority under MGL c. 111, § 31.
As used in these regulations, the following terms shall have
the meanings indicated:
Any person named within a deed on file with the Nantucket
Registry of Deeds as the legal and rightful owner of a residential
or commercial property subject to these regulations.
Any individual, association, group, business, proprietor,
partnership, corporation, firm, trust, or unit of government.
Any combination of land or buildings used for human habitation
or the operation of a business engaged in the manufacture or sales
of goods and/or services.
Any subsurface sewage disposal system that includes both
a holding tank and a leach facility or a cesspool.
Owners of residential or commercial properties located on the
Island of Nantucket shall connect the structures located on their
property by a connection in accordance with existing building and
public works requirements to any sanitary sewer line installed or
approved by the Town of Nantucket Department of Public Works under
any street that abuts the subject property.
A.
Connections to sanitary sewers shall be completed within two years
of notice of the availability of the line for connection.
B.
In environmentally sensitive areas as defined by the Nantucket Board of Health, where new sewer lines are available for connection pursuant to § 332-8, the property owners shall complete the required connection(s) within six months of notice from the Nantucket Department of Public Works, weather permitting, but in no case in more than one year of said notice.
The Nantucket Department of Public Works shall notify the Nantucket
Health Department upon the completion of each connection.
A.
The Nantucket Board of Health may vary the application of any provision
of these regulations, unless otherwise prohibited by state law or
regulation, in any case when, in the opinion of the Board of Health,
lot size restrictions or hydrogeological conditions make enforcement
of the provisions impractical or the owner has demonstrated a degree
of environmental protection equivalent to that required under these
regulations. The Board of Health also may vary the application of
any provision of these regulations in any case when, in the opinion
of the Board of Health, enforcement will do manifest injustice to
the property or its owner.
B.
No variance shall be granted for environmentally sensitive areas
or areas defined by the Nantucket Board of Health as groundwater or
harbor and water bodies protection districts.
C.
Variances shall be considered for on-site disposal systems installed
five years or less before a sanitary sewer is installed or completed.
Example: If an on site disposal system installed two years before
a sewer line is installed or completed, a three-year variance may
be granted.
D.
Every request for a variance shall be in writing to the Nantucket
Board of Health and be subject to a hearing before the Board of Health.
The owner of the subject property shall, at his/her expense, notify
all abutters by certified mail at least 10 days prior to the public
hearing, and is responsible for payment for advertisement.
E.
Any variance granted by the Board of Health shall be in writing.
F.
Any denial of a variance by the Board of Health shall also be in
writing and shall contain a statement of reasons for the denial.
The Nantucket Board of Health or its agent may enter upon privately
owned property with reasonable notice and at reasonable hours for
the purpose of ensuring compliance with these regulations.
A.
Any person
violating any portion of these regulations shall be punished be a
fine of not more than $100. Each day, or portion thereof, shall constitute
a separate offense.
B.
If a violator holds any license and/or permit issued by the Nantucket
Board of Health, said license and/or permit may be suspended for up
to 24 hours for each violation.
C.
If more than one provision of these regulations is violated, each
violation shall constitute a separate offense. Each day shall constitute
a separate violation.
In the event that any provision of these regulations is declared
invalid or unenforceable for any reason, all other provisions will
be unaffected and shall remain in full force and effect.
