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Town of Ashland, MA
Middlesex County
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Table of Contents
Table of Contents
[Adopted 5-29-1997; amended in its entirety 9-28-2010]
The following regulations are promulgated by the Ashland Board of Health in accordance with Massachusetts General Laws, Chapter 111, Section 31.
If any section, paragraph, sentence, phrase or word of these regulations shall be judged to be invalid for any reason, that decision shall not affect any other portion of these regulations which shall remain in full force and effect; and to this end the provisions of these regulations are hereby declared severable.
No sewage or waste disposal works shall be installed, constructed, altered, repaired within the Town of Ashland until a permit has been obtained from the Board of Health. Said permits shall expire 2 years after date of issue, with one two-year renewal upon expiration of the original two-year permit.
Where such a permit is required for a Priority Development Site (PDS), as defined by Section 10.0 of the Zoning Bylaws, an application therefor shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including the Zoning Bylaws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. All soil testing required by § 303-7 shall be completed prior to submittal of such application.
No permit may be issued and no construction may begin until a plan for the subsurface disposal facility, or alteration thereof, has been submitted to and approved by the Board of Health or its agent. The design and preparation of all new disposal facilities and all major repairs shall be done under the direction of a registered professional engineer or registered sanitarian and all plans shall bear his/her stamp. The design shall be in strict accordance with the requirements of these regulations. Four plans must be submitted in duplicate, contain a locus, and be drawn to a scale not less than 30 feet to the inch. The following must be on each plan:
A. 
All lot lines indicating dimensions and location of street. Additionally, distances to any off-site septic system, well, watercourse, wetlands or structures which are within 120 feet of the system or which may affect or be affected by the proposed system must be indicated.
B. 
The location of structures proposed on the lot.
C. 
All parts of the subsurface sewage disposal system including but not limited to the septic tank, manholes, distribution box, and connecting pipes, must be shown along with the location of the primary and reserve leaching facility.
D. 
Location of any on-site well.
E. 
Location of each test pit and percolation test.
F. 
Soil logs of deep test pits and water table elevation measured at the time of the yearly high water.
G. 
Profile of the subsurface sewage disposal system, showing the elevations of the proposed basement floor, garage floor, septic tank, inverts at both ends of all pipes, and existing and final grades in the area of the system.
H. 
A typical cross-section of the leaching area to a width of 10 feet to each side of the actual area. This cross-section must show the elevation of the distribution pipes, ground surface, bottom of leaching trenches, field or pit, any ledge, impervious material and the seasonal high water table.
I. 
Any perimeter drains, previously existing groundwater interceptor drains, swale, etc., significant to the successful functioning of the proposed system.
J. 
The bench mark. Said bench mark shall be on the lot, and within 50 feet of the leaching facility.
A. 
To ensure site suitability, the Ashland Board of Health requires no less than three deep observation holes. Additional deep hole observation holes may be required at the discretion of the Board or its agent. Two stabilized percolation rates are required. The nine-to-six-inch drop is to be uniform and observed by the agent. The percolation test is to be resoaked until a stable percolation rate is obtained. The percolation test will be conducted for other specifications as required by 310 CMR 15.00 Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, hereinafter to be referred to as Title 5.
B. 
Each test hole utilized for groundwater observation shall have a perforated monitor pipe placed in the test hole for groundwater observation. The pipe shall be kept in place until appropriate groundwater determinations have been made by the Board of Health or its agent. Mottling, as allowed by Title 5 shall also be utilized in conjunction with seasonal groundwater determination.
It shall be the responsibility of the installer of any subsurface sewage system within the Town of Ashland to arrange for the inspections by the Board of Health or its agent of:
A. 
The excavation of the leaching area.
B. 
The system after construction is complete, but before backfilling.
C. 
Completed final grade.
An as-built plan shall be required showing the exact location of an on-site sewage disposal system after each system has been installed. The as-built plan shall be submitted on a new plot plan signed by a registered sanitarian, civil, or sanitary engineer. There shall be included a certification by said sanitarian or engineer that the system, including final grading, has been constructed in accordance with the approved plan and with the terms of the permit. This plan shall be submitted to the Board of Health before the final inspection. No certificate of occupancy shall be issued prior to receipt of the as-built plans. Said as-built plans shall remain on file at the Board of Health office.
For houses with five or less bedrooms, a septic tank with a capacity of 1,500 gallons is required. For houses with greater than five bedrooms, a determination of septic tank capacity shall be made by the Board of Health. Septic tanks shall be designed as required Title 5 for the provisions of a garbage disposal.
Leaching area dimensions shall comply with the standards set forth in Title 5 with the exception that provisions for a garbage disposal unit shall be included in all calculations, whether or not such a garbage disposal unit is actually installed. The Board of Health strongly recommends that garbage disposal units not be installed for subsurface sewage disposal systems. Additionally, the following requirements shall be enforced:
A. 
The minimum length for the leaching area is to be 100 linear feet.
B. 
The maximum depth for a leaching trench shall not exceed two feet.
C. 
The maximum width of a leaching trench shall not exceed three feet.
D. 
Leaching beds are not permitted.
E. 
There will be a minimum of two trenches.
A. 
Fill material for systems constructed in fill shall consist of select on-site or imported soil material. The fill material shall be comprised of clean granular sand, free from organic matter and deleterious substances. Mixtures and layers of different classes of soil shall not be used. The fill shall not contain any material larger than two inches. A sieve analysis, using a #4 sieve, shall be performed on a representative sample of the fill. Up to 45% by weight of the fill sample may be retained on the #4 sieve. Sieve analyses also shall be performed on the fraction of the fill sample passing the #4 sieve, such analyses must demonstrate that the material meets each of the following specifications:
B. 
SIEVE SIZE
EFFECTIVE PARTICLE SIZE
PERCENT THAT MUST PASS SIEVE
#4
4.75 mm
100%
#50
0.30 mm
10% to 100%
#100
0.15 mm
0% to 20%
#200
0.075 mm
0% to 5%
C. 
The Title 5 requirement for a plot of the sieve analyses shown on the graph noted in Title 5 is to be provided with the sieve test results.
D. 
The in place clean granular fill material is to be tested to determine if it meets these requirements.
There shall be a minimum of 12 inches of 3/4 inch to 1 and 1/2 inch double washed stone under all leached lines. Leach pits/galleries must be encased (sidewalls) in a minimum of 2 feet and a maximum of 4 feet of 3/4 inch to 1 and 1/2 inch double washed stone. All pits and galleries must have a minimum of 6 inches of 3/4 inch to 1 and 1/2 inch double washed stone under the precast unit.
There shall be a minimum distance of 10 feet (wall to wall) between trenches. The expansion area is to be designed between trenches. Title 5 specifications shall be utilized for leaching pits.
The term "wetlands and waterbodies" shall be the same as that in Title 5. The minimum distance between wetlands and waterbodies and all components of the subsurface disposal system shall be 75 feet.
Subsurface (interceptor) drains are not permitted except for repair of existing systems.
The minimum distance between swimming pools and leaching facilities shall be:
A. 
Twenty feet for in-ground pools.
B. 
Ten feet for fixed aboveground pools.
The deep hole observation season shall be from the 15th of December through the 30th of April of each year with extensions to be granted by the Board of Health when the levels of groundwater permit. Monitor pipes (PVC perforated pipe or equivalent) shall be placed into each deep hole and monitored the 22nd through 29th during the months of December through April to determine groundwater levels — not adjusted.
The design requirements for full-service restaurants will be twice what is required under Title 5. This includes the size of the septic tanks, grease traps, and the leaching facility. Furthermore, alternating pumps must be provided and the effluent must be discharged to two separate disposal areas of equal size. Alarms must be provided in accordance with Title 5.
Any business or residence that proposes an expansion or a change of use that would increase the effluent discharge from the building will be required to install a subsurface disposal system that complies with the existing state and local regulations. Any change in the foundations for a structure serviced by a subsurface disposal system shall be reviewed by the Board or its agent prior to the issuance of a building permit. A Title 5 location plan as required by 310 CMR 15.301(5) shall be required if as-built plans of the septic system do not exist.
No provision of these regulations may be varied except by a vote of the Board of Health. Such variances will be granted only when the Board believes it to be in the interest of protecting the public health. Neither financial hardship nor past practices are adequate reasons for the granting of variances.
A. 
New Construction. No person shall utilize a system for the subsurface sewage disposal of sewage permitted under these regulations until a Certificate of Compliance has been issued by the Ashland Board of Health or its agent.
B. 
Repair of system. Any use or occupancy, which was not discontinued during the process of the repair of an existing system, shall be disconnected within seven days after the completion of the repair unless a Certificate of Compliance is issued by the Ashland Board of Health or its agent.
C. 
Additions and alterations. Any use or occupancy of an existing structure which was not discontinued during the process of building an addition or making an alteration to the structure, either of which required changes to the subsurface disposal system, shall be discontinued within seven days after the completion of the repair unless a Certificate of Compliance is issued by the Ashland Board of Health or its agent.
A. 
General. Unless otherwise provided herein, whoever violates any of these rules and regulations shall be punished as provided in the General Laws of the Commonwealth of Massachusetts.
B. 
Specific violations.
(1) 
Violation of § 303-5 shall be punished by a fine of $1,000.
(2) 
Violation of § 303-22 shall be punished by a fine of $1,000. Each day that a violation of § 303-22 occurs shall be considered a separate violation and shall be punishable as a separate offense.
All former rules and regulations are hereby repealed.