[HISTORY: Adopted by the Board of Health
of the Town of Dover 7-15-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Groundwater Protection Districts — See Ch. 116.
Water — See Ch. 177.
Wetlands protection — See Ch. 181.
Manure — See Ch. 213.
Wells — See Ch. 233.
Wetlands protection rules and regulations — See Ch. 263.
The Board of Health ("Board") adopted these Regulations for
Sewage Disposal, Chapter 217, on July 15, 2013, to supplement 310
CMR 15.000, Title 5 of the State Environmental Code ("State Code").
Title 5 sets the minimum standards for the protection of public health
through the administration of construction of sewage disposal facilities.
The Town of Dover has recognized that there are conditions in the
Town which warrant additional consideration above that set under Title
5 in order to protect the health of the residents of Dover. Therefore,
the Board of Health found it appropriate to adopt regulations containing
requirements stricter than those contained in the State Code, pursuant
to its authority under MGL c. 111, § 31, and 310 CMR 15.003.
These regulations were originally adopted in 1995 and have been amended
from time to time since then.
The State Environmental Code, Title 5, Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage (310 CMR 15.000) ("State
Code"), will be enforced in the Town of Dover. Copies of the document
can be purchased from the State House Book Store or viewed on line
at the DEP website.
There are specific identifiable conditions in Dover which require
more stringent regulations in addition to the State Code to protect
public health and the environment. The more stringent regulations
are set forth in this document with paragraph and subparagraph numbering
to correspond with the applicable State Code section (as the State
Code existed at the time these regulations were adopted). If the State
Code is revised such that paragraph numbering changes, reasonable
judgment should be used to correlate these regulations with the appropriate
provision of the revised State Code. If the revisions to the State
Code make the meaning of any provision of these regulations unclear,
or if a provision of the revised State Code is more stringent than
the corresponding provision of these regulations, the revised State
Code shall govern with respect to that provision.
A.
To provide ready reference for residents in regard to proper use
and maintenance of septic systems, these Dover regulations are keyed
to the State Code.
B.
Fees shall be set from time to time by the Board of Health ("Board").
C.
The Board hereby adopts the following amendments and revisions to
the State Code, to be applied within the Town of Dover:
(1)
Change 15.019, Disposal System Installer's Permit, to read as
follows:
No person shall engage in the construction, upgrade or expansion
of any on-site system without first obtaining a Disposal System Installer's
Permit. Disposal System Installer's Permits shall be renewable
annually and expire at the end of the year in which they are issued.
Applicants shall submit 2 references and pass a qualifying exam. A
grade of 75% must be achieved in order for a permit to be issued.
If not, the applicant may retake the test after 20 working days have
expired. All questions are related to Title 5 and the Town of Dover's
more stringent regulations. If a permit is not renewed within 1 year
of expiration, the exam will have to be taken again. Because of the
importance of proper installation of Disposal Systems, during such
installation, there must be at least 1 person at the site at all times
with an Installer's Permit issued by the Board.
(2)
In 15.020, Disposal System Construction Permits, insert after 15.020(5)
the following:
(6)
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A Disposal System Construction Permit application includes 3
appointments with an agent of the Board. Such appointments may pertain
to a review of the plans or to an on-site visit and inspections or
to a consultation, or a combination of any of the above. Should additional
appointments be needed to obtain application/plan/permit approval,
they may be scheduled upon prepayment of the inspection fees as established
by the Board. If ownership changes, existing permits are not transferable
and the new owner(s) must take out a new permit and pay associated
fees established by the Board.
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(3)
In 15.100, General Provisions, insert after 15.100(2) the following:
(3)
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The site examination shall be made to determine if the size
of the lot is compatible with the proposed sewage disposal system
and should be made with regards to the distances as outlined in 310
CMR 15.211 and the requirements of 310 CMR 15.220. The site examination
shall not be made during the time the ground is covered by snow.
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(4)
In 15.102, Deep Observation Hole Test, insert after 15.102(5) the
following:
(6)
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Soil evaluations to determine high groundwater levels may be
done at any time of the year. The procedures described in 15.103 shall
be followed, specifically (3)(a) "soil color using the Munsell System,"
and (3)(b) observation of water levels in test pits and using a monitor
well to determine an adjustment factor and the Frimpter Method when
mottles are not present or their use is questionable. All groundwater
levels measured are subject to a seasonal groundwater adjustment as
accepted by the Board using current data from U.S. Geological Survey
wells, reported on the USGS website (http://waterdata.usgs.gov/nwis)
under "Current Conditions for Massachusetts — Groundwater."
Wells used for adjustment factors determination must be acceptable
to the Board and may be varied on a case by case basis. Specific guidance
shall be requested from the Board on comparison wells to use before
calculating adjustment factors.
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Other adjustment values may be allowed or required by the Board
on a case by case basis if supported by a preponderance of technical
evidence to support such proposal by the design engineer or the Board.
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A completed soil evaluation application shall consist of the
application form, the required fee and a drawn-to-scale locus plan,
no smaller than drawn on a scale of 50 feet to an inch, showing the
proposed lot, the proposed location of the test holes and indicating
generally the location of any water supplies, Zones I or II or Interim
Wellhead Protection Areas (IWPAs), disposal systems or wetlands within
200 feet of the lot being tested as well as the distance to the nearest
intersecting street. If there are no water supplies, Zones I, II or
IWPAs, disposal systems or wetlands within that distance, it shall
be so stated on the locus plan. In cases where wetlands are involved,
a letter of approval must be received by the Board from the Conservation
Commission prior to testing.
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There shall be a minimum of 4 deep test pits evenly distributed
within the limits of the proposed leaching area and integrated expansion
area, plus any others that might be designated by the Board's
Agent, either at the time of testing or during the plan review period.
If ledge is encountered or indicated, additional pits must be dug
to determine its limits. Deep test pits shall be dug to a minimum
depth of 5 feet below the bottom of the proposed leaching area, and
in no event less than 10 feet deep. Deeper test pits are recommended
when groundwater adjustment factors are necessary. The results of
the deep tests pits shall be shown in a graphical log format, showing
soil strata with elevation and soils color. Deep test pits shall be
filled in as soon as the required or necessary information has been
obtained to prevent accidents to children or animals. Should additional
water observations be required, an acceptable alternative to re-digging
the hole would be the installation of an open perforated pipe at least
4 inches in diameter. This pipe shall be capped at the top and mounded
at the surface level to preclude the introduction of surface water.
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(7)
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Soils evaluation data is good indefinitely as long as a survey
plan by a Registered Land Surveyor is provided with the soils evaluator
report showing the location of the test pits on USGS datum. If a survey
plan is not provided, the soils evaluation is good for two years from
the date of the testing, after which the testing must be repeated.
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(5)
In 15-104, Percolation Testing, change 15.104(6) to read as follows:
(6)
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Percolation testing may be done at any time of the year, in
conjunction with groundwater determinations, provided the soil to
be tested is below the frozen soil layer.
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(6)
In 15.211, Minimum Setback Distances:
(a)
Add the following to (1):
For up-grades, repairs, or building a new house on a previously
developed lot, all setbacks shall meet Title 5 separation distances.
For new construction on a vacant lot, where no dwelling unit has previously
existed, all parts of the proposed subsurface sewage disposal systems
shall be not less than 100 feet from any open surface drain or any
watercourse, including streams, brooks, ponds, swamps or other wetlands
(as defined in MGL c. 131, § 40).
(b)
Insert after 15.211(3) the following:
(4)
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An individual sewage disposal system serving a single dwelling
shall be located entirely within the bounds of the lot on which the
dwelling is situated and cross no lot lines. Nitrogen loading calculations
shall be within the same lot and cross no lot lines.
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(7)
In 15.220, Preparation of Plans and Specifications:
(a)
Insert after 15.220(2) the following:
a.
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A signed statement by the Engineer of record reporting the basis
and calculations for the system design shall be included as well as
the number of bedrooms and facilities to be installed which will discharge
into the sewage disposal system. For purposes of design of the sewage
disposal system, a bedroom is any room other than a kitchen, dining
room, living room, bathroom, den, office, playroom, family room, and/or
library on the first floor. Any room (not equipped as a kitchen) on
any level that has a door leading into a bathroom with a tub or shower
shall be considered a bedroom. Any room above the first floor shall
be considered a bedroom. Any room in the basement level (regardless
of whether or not there is a finished ceiling or floor covering material)
may be considered a bedroom if the room has a door, a window, an emergency
egress window, and there is a full bathroom (consisting of toilet,
sink, shower or tub) on that level. An open area without a door may
have a half bathroom (sink and toilet). Any detached structure (except
those determined by Planning and Zoning or the Board of Appeals as
a legal dwelling unit) may only have a half bathroom (sink and toilet)
and cannot be recognized as a legal dwelling unit or a bedroom. Plans
shall include any additional details or notes requested by the Board
or its Agent.
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b.
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Four copies of the sewage disposal system plan shall be submitted
to the Board.
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(b)
Add after 15.220(4)(v) the following:
w.
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The plan for the sewage disposal system shall include the existing
and proposed spot elevations and contours of the final lot grades,
bottom of test pit, water table or ledge, top and bottom of foundation
and bottom of soil absorption system. Test pit data shall be shown
in graphical format with elevations. A cross-section through the system
from high to low elevation shall be shown.
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x.
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The plan shall include the invert elevations of the house sewer,
inlet and outlet pipes of septic tank, inlet and outlet pipes of distribution
box, and beginning and end of pipes in soil absorption system.
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(8)
In 15.221, General Construction Requirements for all Systems, add
after 15.221(13) the following:
(14)
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No septic system shall be installed until the major plumbing
is in the house, unless this requirement is waived by the Board's
Agent. Installation of septic systems is prohibited during the months
of December, January and February. Any system already in progress
prior to December 1 shall have all work, including all inspections,
final grading, loaming and seeding, completed prior to the winter
cutoff date of November 30. If circumstances such as freezing temperatures
do not permit the application of loam and seed, the installer shall
stabilize all sloped areas susceptible to soil erosion using hay,
anchored filter fabric or jute mesh. This regulation may be waived
by the Board or its Agent.
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(15)
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When no approved sanitary facilities exist on the site, all
builders, contractors, owners or others must provide approved temporary
facilities at their work site for the convenience of persons engaged
in working on that site. It shall be properly maintained on the site
from the first day of operation until final approval of the water
supply and a certificate of compliance has been issued and permanent
facilities can be used by the workers. This applies to all work sites
that are engaged in the construction, including, but not limited to,
new buildings, additions to existing structures, road construction,
recreation areas and others at the discretion of the Board or its
Agent.
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(9)
In 15.223, Septic Tanks, insert after 15.223(1)(c) the following:
(a)
Garbage grinders are not recommended, but septic tanks shall
have the capacities as described in 15.223(1), (2) and (3), whichever
applies.
(10)
In 15.240, Soil Absorption Systems:
(a)
Insert after 15.240(1) the following:
a.
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The construction of leaching facilities in fill placed directly
on or close to ledge, hardpan, clay or other impervious material shall
not be permitted. The construction of leaching facilities in clean
granular fill shall be permitted in the following instances:
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1.
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Where the impervious material can be excavated to pervious material
below (determined by a percolation test) and be replaced with clean
fill and the underlying naturally occurring pervious strata is at
least 4 feet thick.
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2.
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Where a depth of at least 4 feet of pervious material (determined
by a percolation test) in natural soil can be maintained below the
bottom of the leaching area. In no case will excavation into impervious
material be allowed without penetrating into pervious material as
in Subsection a above.
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b.
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No soil absorption system or alternative system for new construction on a previously undeveloped lot shall be installed in areas where the maximum seasonal high groundwater elevation (SHGW) occurring at any time is less than or equal to 3 feet below the existing natural ground surface (method of assessment 310 CMR 15.103). The Board may waive this requirement (and/or the maximum allowable percolation rate specified in § 217-3C(11)) on a case by case basis if a site specific groundwater computer model analysis is submitted for review showing that, given site-specific conditions (percolation rate, soil depth, site slope, etc.), there is no significant risk (as determined by the Board or its Agent) of sewage breakout. The hydraulic condition model must begin with the seasonal high groundwater elevation, add the groundwater mound simulated for steady state (at least 10 years continuous) operation of the subject septic system's soil absorption system at permitted flow rates for Title 5 or Town of Dover for the particular site use and then add the 25-year rainfall event. To pass the evaluation and not be determined to pose a significant risk of sewage breakout, the final modeled high groundwater elevation must be shown to be at least one foot below the proposed surface topography at all locations on the subject lot and within 100 feet of the proposed soil absorption system. Additional distance may be required if site conditions warrant. The methodology used in this modeling must match that used by ESA in its April 13, 2004 report to the Board or an equivalent as approved by the Board's review consultant, whose review shall be paid for (per § 217-4) by the Applicant. Applicants are required to consult with the Board prior to submitting an application or calculations to establish criteria for this work.
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Any site previously evaluated prior to the effective date of
these revised regulations which was determined to be unsuitable for
new construction due to groundwater less than 3 feet from the surface
and/or percolation test rate over 25 MPI shall continue to be considered
unsuitable for construction by the Board, until such time as a new
application is filed which utilizes a computer model as described
above to prove that a sewage break-out does not occur.
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Repairs or replacements of existing systems may be installed
where 3 feet or less natural soil exists above the maximum groundwater
level and no suitable alternate site exists, provided that Title V
shall be applicable for determining maximum groundwater elevation
for such systems.
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c.
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No subsurface sewage disposal system shall be constructed in
any area which is subject to periodic flooding.
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d.
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Lowering the water table or dewatering the lot through the use
of interceptor or curtain drains to permit marginal or unacceptable
conditions to be improved to meet minimum requirements for the installation
of subsurface sewage disposal systems is prohibited by the Board.
The Board reserves the right to approve the installation of an interceptor
drain for rehabilitation of an existing, failed system.
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(b)
Insert after 15.240(4) the following:
a.
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For new construction on previously undeveloped lots, area requirements
shall be increased by 50% in the event that garbage grinders are later
installed against Board recommendations. For existing construction,
if a system is upgraded without increasing the soil absorption system
area by this additional 50%, a deed restriction prohibiting installation
of a garbage grinder will be required.
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(c)
Change 15.240(7) to read as follows:
No driveway, parking area or turning area or other impervious
area shall be located above a soil absorption system - reserve area
included. The Board or its Agent may waive this requirement on a case
by case basis.
(d)
Insert after 15.241 the following:
All soils absorption systems shall be vented through the distribution
pipe regardless of system location.
(11)
In 15.245, Soil Absorption Siting Requirements, insert after
15.245(1) the following:
a.
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The maximum allowable percolation rate for new construction
on a previously undeveloped lot shall be 25 minutes per inch in order
for soil to be considered suitable for the subsurface disposal of
sewage. A rate exceeding 25 minutes per inch may be acceptable to
the Board if it can be shown that sewage break-out will not occur.
See Subsection C(10)b above and the description of the basis for specific
site analysis required.
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(12)
In 15.248, Reserve Area, insert after 15.248(2) the following:
(3)
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For new construction on a previously undeveloped lot, a reserve
area of at least equal capacity suitable for subsurface sewage disposal
and upon which no permanent structure will be constructed shall be
provided and designed for all sewage disposal systems. Limit of excavation
must be completed if required by the Board or its Agent. For up-grades,
a reserve area may be required on a case by case basis, by the Board
or its Agent.
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(13)
In 15.251, Trenches:
(a)
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Insert after 15.251(1)(e) the following:
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(f)
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Spacing. Trench spacing shall meet Title V unless the Board
or its Agent determines that a greater distance is necessary.
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(g)
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All soil absorption systems shall be vented, regardless of distribution
pipe length.
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(14)
In 15.280, Alternative Systems, add the following:
The Board may establish any special conditions necessary to
ensure adequate protection of public health and safety and the environment
and to ensure appropriate evaluation and testing. Such conditions
may include, without limitation: specification of site treatment or
effluent characteristics; flow limitations; monitoring; testing; and
reporting requirements; a requirement that a certified operator operate
the system; or financial assurance mechanisms. The Board may also
specify changes or modifications of requirements otherwise applicable
to conventional systems that are appropriate for use of the alternative
systems.
(15)
In 15.290, Shared Systems, add the following to (3):
a.
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The Board may establish any special conditions necessary to
ensure adequate protection of public health and safety and the environment
and to ensure appropriate evaluation and testing. Such conditions
may include, without limitation: specification of site treatment or
effluent characteristics; flow limitations; monitoring; testing; and
reporting requirements; a requirement that a certified operator operate
the system; or financial assurance mechanisms. The Board may also
specify changes or modifications of requirements otherwise applicable
to conventional systems that are appropriate for use of the shared
systems.
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(16)
In 15.300, Purpose and General Provisions, insert after 15.300(5)
the following:
(6)
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Every owner or agent of a premises in which there are any private
sewers, individual sewage disposal systems or other means of sewage
disposal shall keep the sewers and disposal systems in proper operational
condition and shall have such works cleaned or repaired at such time
as ordered by the Board. If the owner or agent of the premises fails
to comply with such order, the Board may cause the works to be cleaned
or repaired and all expenses incurred to be paid by the owner. Sewage
disposal works shall be maintained in a manner that will not create
objectionable conditions or cause the works to become a source of
pollution to any of the waters of the Commonwealth.
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(17)
In Subpart D: Inspection and Maintenance of Systems, insert
the following:
15.301(5). Under this section, "Expansion of Use" shall include
demolition of a structure and replacement with a new structure. The
Board reserves the right to have the septic system brought into maximum
feasible compliance with Title 5 as a requirement for issuance of
a demolition or building permit.
15.301(10). Upon submission of the Title 5 Inspection Report
(Report), a fee as determined by the Board shall also be submitted.
Reports for vacant properties shall be considered as Requiring Further
Evaluation by the Board and may require additional inspections. The
Report shall be submitted to the Board as required by Title 5, but
at least 45 days before the sale of the property to allow review.
Upon review of the Report, the Board reserves the right to request
additional information or clarification as it deems necessary. If
there are any questions, contact the Board, before performing the
inspection or submission of the Report.
15.302(2)(e)9. Evidence of concrete deterioration, for example
spalling or crumbling, shall be considered as Requiring Further Evaluation
the by Board and will require repairs to or replacement if the septic
tank or pump chamber is determined to be structurally unsound.
15.302(2)(f)5. Evidence of concrete deterioration, for example
spalling, or crumbling, shall be considered as Requiring Further Evaluation
by the Board and will require repairs to (if practical) or replacement
of the distribution box.
15.302(4). The Board has determined that groundwater levels
shall be determined by a Soils Evaluator, as part of the Inspection,
if the septic system was installed prior to 1996 or no record of groundwater
determination was made according to 15.103 Soil Profile by a Soil
Evaluator. Prior to digging the test pit, a groundwater correction
factor shall be determined (to assist with determination of test pit
depth) based upon Board accepted comparison wells and the Frimpter
method and applied to the test pit depth or observed water level results
if NO "Mottling" was found. In any event, the test pit shall be dug
at least 3 feet below the bottom of the soil absorption system where
no "Mottling" is found or until groundwater is reached or the depth
of the pit equals the correction factor. Test pit requirements may
be waived, by the Board or its Agent, if the landscape position (e.g.,
gravel bank high above observed water levels) indicates little chance
for groundwater mounding or intrusion. The Soils Evaluator must submit
the test pit log and correction factor calculations as part of the
Report.
15.303(1). The Board has determined that privies, cesspools
or "porous tanks" (cesspools converted to a so called septic tank
by installing an inlet and/or outlet tee) do NOT protect the Public
Health, Safety and Environment and their presence is considered an
automatic failure criterion and requires up-grading of the system
to a Title V compliant system.
15.303(1)(a)7. The bottom of the SAS MUST be above Mottling
or any corrected water level for the system to be considered passing.
Any system within 6 inches of mottling shall be considered as Requiring
Further Evaluation by the Board and may require up-grading.
(18)
In Subpart E: Procedures
for Seeking and Receiving Local Upgrade Approvals and Variances from
the Provisions of Subparts B and C of 310 CMR 15.000, add the following
after 15.411(1)(b):
1.
"Abutter" is defined as: any owner of land sharing a common boundary
or corner of the site of the proposed activity in any direction within
300 feet of the site's property lines or corners. This shall
include, but is not limited to, land located directly across a street,
way, creek, river, stream, brook, canal, rail road or trolley line
(active or abandoned).
2.
Variance Notification Process
a.
Obtain a certified list of abutters from the Town of Dover Assessor.
Verify accuracy of property ownership as property sale may have occurred
within the preceding 12 months and records may not be up-to-date.
The current land owner must be notified, by hand if necessary. All
abutters must be notified by certified mail or Certificate of delivery
by letter detailing the variances being requested.
b.
Indicate the abutter's property and subject site on the
latest copy of the town Assessor's maps.
c.
Submit to the Board of Health, items 1 and 2 with the application
for sewage disposal works permit together with the original receipts
from the US Post Office for the certified mailing clearly noting tax
map number on each receipt. On the tax map clearly note property addresses
for each receipt.
d.
At the start of the Public Hearing present a copy of the certified
abutters list (item 1) and the original USPO return receipt cards
(Green Cards) or USPO certificate of delivery to the Board of Health
and clearly note any that have not been returned. If any have not
been returned, the Board will determine whether or not the Public
Hearing can proceed or must be rescheduled.
A.
If the Board determines that the assistance of outside consultants
is warranted to determine compliance with Title 5 and/or local bylaws
or regulations (including criteria for a variance), the Board may
hire outside consultants pursuant to MGL c. 44, § 53G; c.
111, § 31, and this regulation. The hiring of outside consultants
for this purpose shall proceed in accordance with this section.
B.
In hiring outside consultants, the Board may engage engineers, planners,
hydrologists, environmental consultants, attorneys or other appropriate
professionals who can assist the Board in analyzing a project.
C.
The reasonable costs for outside consultants will be borne by the applicant. The applicant and the Board shall work in good faith to agree upon the type and identity of outside consultants as well as the budget for their services. However, ultimate authority regarding the need for and identity of outside consultants (subject to the appeal procedure of Subsection F below) is retained solely by the Board and failure to cooperate with the Board on funding of outside consultants is grounds for denial of the application.
D.
Any funds received by the Board to cover consultant review fees shall
be deposited with the Treasurer of the Town of Dover, who shall set
up a special account for this purpose pursuant to MGL c. 44, § 53G.
Expenditures from this account shall be made only in connection with
the specific project for which a review fee has been or will be collected
from the applicant. However, expenditures from this account may be
made at the discretion of the Board in connection with the application
for which they were collected without further appropriation.
E.
Review fees may only be spent for services, rendered in connection
with a specific application for which they were collected. Accrued
interest may also be spent for this purpose. At the completion of
the Board's review of an application and the issuance of a decision
on the application, any excess amount remaining in the account after
the payment of all fees and costs associated with outside consultants,
including interest, attributable to a specific project shall be repaid
to the applicant. A final report of said account shall be made available
to the applicant.
F.
The applicant may take an administrative appeal from the selection
of the outside consultant to the Board of Selectmen within 10 days
of the Board selection of that outside consultant. The grounds for
such an appeal shall be limited to claims that the consultant selected
has a conflict of interest or does not possess the minimum, required
qualifications. Minimum qualifications shall consist of either an
educational degree in or related to the field at issue or three or
more years of practice in the field at issue or a related field. The
required time limit for the Board action on the application shall
be extended by the duration of the administrative appeal. In the event
that no decision is made by the Board of Selectmen on the appeal within
1 month of filing the appeal, the selection of the outside consultant
made by the Board shall stand. If the appeal is denied, the applicant
must pay the consultant fee within 10 days of the denial of the appeal
or the permit will automatically be denied.
G.
The municipal accountant shall submit annually a report of the special
account to the chief elected body and chief administrative official
of the municipality for their review.