[HISTORY: Adopted by the Board of Health
of the Town of Newbury as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-1-1969]
On lots of land containing less than one-half
acre, no dwelling shall be constructed or altered to accommodate more
than one family where the owners and/or occupants depend on wells
for a water supply on said lots or on any area of land adjacent thereto.
No business shall be established by any person,
corporation or other entity, that requires the disposal of waste and/or
sewage onto a leaching area without written permission of the Board
of Health.
Whoever violates these regulations shall be
subject to a fine of not less than $20.00 for each violation. Each
24 hour period shall constitute a separate violation.
[Adopted 4-1-1975]
A.
Well - The word "well" so used in these regulations
shall include any pit, pipe, excavation, spring, casing, drill hole
or other source of water to be used for any purpose of supplying potable
water in the Town of Newbury, and shall include dug wells, driven
or tubular wells, drilled wells (artesian or otherwise) and springs,
gravel packed, gravel walled wells, gravel developed, and wash borings
and as further described in Massachusetts Department of Public Health
Bulletin, Rural Water Supplies 1956.
B.
Water Systems - The words "water systems," as used
in these regulations shall include pipes, valves, fittings, tanks,
pumps, motors, switches, controls and, appurtenances installed or
used for the purpose of storage, distribution, filtration, treatment
or purification of water for any use whether or not inside a building.
C.
Private Water Supply - The term "Private water supply'
means any water system serving or intended to serve water for human
consumption or for domestic uses or purposes on one lot. The system
shall include all of the sources, treatment works and distribution
lines to the point where distribution takes place within the building.
D.
Semipublic Water Supply - The term "semipublic water
supply" means any water system serving or intended to serve water
for human consumption or for domestic uses or purposes including multiple
dwelling of two or more units, or to more than one multiple dwelling
under a single ownership and located on the same lot, or to restaurants,
dairies, schools, institutions, motels, mobile home parks, bottling
plants, campgrounds, recreational camps for children, state, forest,
parks and beaches.
A.
No well shall be installed until a permit has been
obtained from the Board of Health. The fee for this permit shall be
set by the Board from time to time. (Effective April 1, 1975 the fee
is ten dollars $10.00.)
B.
The well contractor shall observe reasonable sanitary
measures and precautions in the performance of his work in order to
prevent pollution or contamination of the well.
C.
See illustration next page for suggested example of
typical installation.
D.
A certified plot plan shall be submitted with the
application for a well permit to the Board of Health indicating the
proposed location of the well, all buildings, boundary lines, septic
systems (within 200 feet.)
(1)
Wells shall be located at least 15' from any public
or private way or street and 10' from lot lines and 100' from any
leaching system or any other such greater distance as may be required
by the State Sanitary Code.
(2)
Well must be properly curbed and covered to prevent
entrance or contamination and to divert surface drainage away from
the well.
E.
Evidence of the yield of the well shall include a
demonstration test in the presence of the Board of Health Agent of
the rate of flow in a satisfactory manner by the well contractor before
his equipment is removed from the site.
(1)
There shall be a minimum yield of 200 gallons per
bedroom per day at 40 lbs. P.S.I. at the highest fixture serviced.
A bedroom shall include undeveloped area that could be made into a
bedroom.
(2)
Pressure tanks for individual home installation shall
have a capacity of 30 gallons per bedroom served with a minimum size
of 42 gallons. The water system shall be able to deliver 5 gallons
per minute for four hour continuous running.
(3)
Water flow rate requirements may be adjusted according
when large storage, and/or storage pressure tanks are provided (see
page 101 Individual Water Supply Systems of the U.S. Department of
H.E.W.).
(4)
Auxiliary power must be available to maintain a water
supply for multiple dwellings.
(5)
The casing of wells equipped with power pumps shall
extend at least eighteen (18) inches above the floor or ground.
(6)
The wall of a dug well shall extend at least four
inches above the floor or the original ground surface.
A.
Sanitary protection must be incorporated into the
construction of the well and final finishing at grade shall include
cement platform of 6' square or large enough to extend at least 2'
in all directions from the well casing itself.
B.
All newly completed wells shall be disinfected in
accordance with instructions from Massachusetts Department of Public
Health "Rural Water Supplies." 1956.
(1)
Before approval every well shall be pump tested. The
results of the pump test shall be submitted to the Board of Health
for approval. The pump test shall include a draw down test end a minimum
of five (5) gallons per minute for four (4) hours.
(2)
A bacteriological test to indicate a 0/100 ML
coliform density will be the minimum requirement.
(3)
A chemical analysis will be required. if the Board
of Health agent notes any extenuating circumstances. The quality of
the water must meet U. S. Public Health recommended standards. Toxicity
tests may also be required.
C.
The owners of a semipublic water supply shall possess
and display an unrevoked permit from the Board of Health which signifies
the status of sanitary protection, maintenance, operation, and improvements
recommended.
(1)
The owners of private water supplies shall be required
to registered with the Board of Health.
(2)
The holder of a permit for a semipublic water supply
shall furnish the Board of Health with a bacteria report from an approved
laboratory each year before renewal of the water permit is issued.
Also the hold of a semipublic water supply shall furnish at the request
of the Board of Health or its Agent a complete report or other particular
information concerning the condition and operation of the water system
or any part of it.
D.
Pump houses or pump rooms shall be kept in a sanitary
condition at all times. Also the size of the room should be no larger
than necessary to house the pumping and the electrical equipment involved
in the water system. Lawnmowers, snowblowers or other gas driven engines
shall not be stored in the pump room. Insecticides and/or fertilizers
shall not be stored in the pump room.
(1)
Pump house, pump or pipe pits and well shall be designated
and constructed so as to prevent flooding and, otherwise to prevent
the entrance of pollution or contamination.
(2)
Pump house and pump rooms or pitless adapters shall
be installed in accordance with the U.S. Public Health Service booklet
"Manual of Individual Water Systems" as currently published.
(3)
No person shall install or enter into a contract for
installing or making additions, modifications, or alterations to any
"semipublic" water supply before submitting complete plans, specifications
and descriptions to the Board of Health and receive from them written
approval. Private and semiprivate water supply systems shall be approved
by the Board of Health before occupancy is permitted.
Permanent disinfection of a polluted supply
is prohibited. Treatment plans for water conditioning such as iron,
manganese hardness, or others shall be submitted for Board of Health
approval.
A.
All service pipe and connections shall be of nontoxic
material and meet the specifications approved by the New England Water
Works Association.
B.
The installation of pipes shall be such that they
are protected from crushing and/or attack by rodents and freezing.
C.
Dissimilar metals should be discouraged in the water
system. The use of nonconductive plastic inserts between pipes and
fittings or the installation of sacrificial anodes is helpful in minimizing
electric corrosion problems.
D.
Electrical service grounds shall not be attached to
the water piping.
A.
Variances. The Board of Health may vary the application
of any provision of these regulations with respect to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice; provided that the decision of the Board of Health shall
not conflict with the spirit of these minimum standards. Any variance
granted by the Board of Health shall be in writing. A copy of any
such variance shall, while it is in effect, be available to the public
at all reasonable hours in the office of the Clerk of the Town, or
in the office of the Board of Health, and notice of the grant of variance
shall be filed with the Commissioner of Public Health of the Commonwealth.
B.
Variance, Grant of Special Permission, Expiration, Modifications, Suspension of: Any variance or other modification authorized to be made by these regulations may be subject to such qualification, revocation, suspension, or expiration as the Board of Health expresses in its grant. A variance or modification authorized to be made by these regulations 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 an opportunity to be heard in conformity with the requirements for an order and hearing of Regulations in Subsections D and E.
C.
General Enforcement. The provisions of Article 1 of
the State Sanitary Code shall govern the enforcement of these regulations.
D.
Orders: Service and Content.
(1)
If an examination as provided for in regulation 3.2.1
reveals failure to comply with the provisions of these regulations
the Board of Health may order the persons responsible to comply with
the violated provision.
(2)
Every order authorized by these regulations shall
be in writing. Orders issued under the provisions of Regulations 3.2.1
shall be served on all persons responsible for the violated regulations.
All orders shall be served on the designated person:
(a)
Personally, by any person authorized to serve
civil process; or
(b)
By leaving a copy of the order at his last and
usual place of abode; or
(c)
By sending him a copy of the order by registered
or certified mail, return receipt requested, if he is within the Commonwealth;
or
(d)
If his last and usual place of abode is unknown
or outside the Commonwealth, by posting a copy of the order in a conspicuous
place on or about the affected premises.
(3)
Subject to the emergency provision of these regulations
any order issued under the provisions of these regulations shall:
(a)
Include a statement of the violation, or defect,
and may suggest action which if taken will effect compliance with
this code; and
(b)
Allot a reasonable time for any action it requires;
and
(c)
Inform the person to whom it is directed of
his right to a hearing and of his responsibility to request the hearing,
and to whom the request shall be made.
E.
Hearing.
(1)
The person or persons to whom any order served pursuant to regulation in Subsection D of these regulations has been directed may request a hearing before the Board by filing within seven (7) days after the day the order was served in the office of the Board of Health a written petition requesting a hearing on the matter. Upon receipt of such petition the Board of Health shall set a time and a place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed: provided, that upon application of the petitioner the Board of Health may postpone the date of the hearing for a reasonable time beyond such ten (10) day period if in the judgment of the Board of Health, the petitioner has submitted a good and sufficient reason for such postponement.
(2)
At the hearing the petitioner shall be given an opportunity
to be heard and to show why the order should be modified or withdrawn.
(3)
After the hearing the Board of Health shall sustain,
Modify, or withdraw the order and shall inform the petitioner in writing
of its decision. If the Board of Health sustains or modifies the order,
it shall be carried out within the period allotted in the original
order or in the modification.
(4)
Every notice, order, or other record prepared by the
Board of Health in connection with the hearing shall be entered as
a matter of public record in the office of the Board of Health.
(5)
If a written petition for a hearing is not filed in the office of the Board of Health within seven (7) days after an order as provided in regulations in Subsection E(1) has been issued, or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense. (See regulation in Subsection G.)
F.
Appeal. Any person aggrieved by the decision of the
Board of Health may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the Commonwealth.
G.
Penalties.
(1)
Any person who shall violate any provision of these
regulations for which penalty is not otherwise provided in any of
the General Laws or in any other provision of these regulations or
articles of the State Sanitary Code shall upon conviction be fined
not less than ten ($10) or more than fifty ($50) dollars.
(2)
Any person who shall fail to comply with any order issued pursuant to the provisions of these regulations shall upon conviction be fined not less than ten ($10) or more than fifty ($50) dollars. Each day's failure to comply with an order shall constitute a separate violation, only after the holder thereof has been notified in writing and has been given an opportunity to conform with the requirement for an order and hearing of regulations in Subsections D and E.
(3)
The inspection and these regulations cannot be constructed
as a guarantee by the Town of Newbury or its agents that the water
system will function satisfactorily.
