Town of Ashland, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Ashland 7-28-1989; amended in its entirety 9-28-2010. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Septic systems and wells — See Ch. 300.
PRIVATE WATER SUPPLY — Any water system serving or intended to service water for human consumption or for domestic uses or purpose on one lot. The system shall be contained on the lot and shall include all of the sources, treatment works, and distribution lines to the point where distribution takes place within the building on the lot.
SEMIPUBLIC WATER SUPPLY
Any water system serving or intended to service water for human consumption or for domestic purposes and not included under the definition of "private water supply" above or under the Department of Environmental Protection "Drinking Water Supply Regulations of Massachusetts."
WATER SYSTEMS
Includes pipes, valves, fittings, tanks, 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.
WELL
Includes 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 Ashland and shall include dug wells, driven or tubular wells, drilled wells (artesian or otherwise) and springs, gravel walled wells, gravel developed and wash borings and as further described in U.S. Environmental Protection Agency Manual of Individual Water Supply Systems.
A. 
Permit requirements. No private or semipublic water supply shall be installed, altered or repaired until a permit has been obtained from the Board of Health or its agent. The fee for this permit shall be set by the Board of Health from time to time. A permit so granted shall expire 18 months from the date of issue unless construction has begun. Where such a permit is required for a Priority Development Site (PDS), as defined by Section 10.0 of the Zoning By-laws, 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 By-laws, 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.
B. 
Permit application. A plot plan shall be submitted with application for well permit to the Board of Health indicating the proposed location of the well, all building, boundary lines, septic systems (within 200 feet).
A. 
Permit release. No foundation or building permit shall be issued until the well is installed, completed, and has been demonstrated to supply water of the quality and quantity specified herein. No occupancy of the building the well is to serve shall be permitted until an acceptable tested water sample has been obtained from a tap in the building.
B. 
Sanitary performance. The well contractor shall observe sanitary measures and precautions in the performance of his work in order to prevent pollution or contamination of the well. Use of water from streams, swamps, or abandoned wells, for drilling, shall be prohibited.
C. 
Well drillers. Well drillers must be registered with Massachusetts Water Resources Authority. A copy of said registration must be filed with the Board of Health prior to any drilling in the Town of Ashland.
D. 
Well protection. No well shall be drilled in standing water or in such a location that may allow standing water from rainfall, run-off, or groundwater. The casing shall be set sufficiently into bedrock and properly sealed to keep out surface water or entry of any other surface or subsurface contamination. The well cap shall be twelve (12) inches above surface grade and a concrete apron extending from the casing at least two (2) feet in all directions and sloping away from the casing shall be constructed.
E. 
Well location.
(1) 
No well shall be less than one hundred (100) feet from a leaching area located downhill from such well.
(2) 
No well shall be less than one hundred twenty-five (125) feet from a leaching area located uphill from such a well.
(3) 
Wells shall be located no less than fifteen (15) feet from any public or private way or street.
(4) 
Wells shall be located no less than ten (10) feet from any lot line, five (5) feet from any building or projections thereof, fifty (50) feet from any part of a subsurface sewage disposal system.
(5) 
These distances may be increased when, in the opinion of the Ashland Board of Health, adverse conditions exist.
F. 
Number of wells. There shall be a separate well for each dwelling. The well serving that dwelling shall be located within the lot boundaries of the building site. No well shall be used to supply more than one dwelling (Chapter 40, Section 34 MGL). For nonresidential wells, the Board of Health shall determine the number of wells required for the specific building site.
G. 
Pump houses. Pump houses, pump rooms, and pitiless adapters shall be installed in accordance with the U.S. Environmental Protection Agency Manual of Individual Water Supply Systems.
H. 
Pump house protection. Pump houses, pump or pipe pits and wells shall be designed and constructed so as to prevent flooding, freezing, and the entrance of sources of pollution or contamination.
I. 
Approvals. No person shall install or enter into a contract for installing or make additions, modifications, or alterations to any private or semiprivate water supply before submitting complete plans, specifications, and descriptions to the Board of Health and receiving from them written approval. Private and semiprivate water supply systems shall be approved by the Board of Health before occupancy is permitted.
A. 
Well yield. There shall be a minimum yield of two hundred (200) gallons per bedroom per day at twenty (20) P.S.I. at the highest fixture serviced. A bedroom shall include any undeveloped area that could be made into a bedroom. System capacity for semipublic water supplies must be adequate to meet projected needs.
B. 
Storage. All demands for water shall be provided from storage in a pressure tank. Pressure tanks for individual home installation shall be of a diaphragm type and have a minimum capacity of thirty-six (36) gallons.
C. 
Tests. A log of the well, showing depth and type of overburden, depth of casing installed below surface grade, diameter of casing and diameter of the hole in the rock, static water level and pump rate which can be sustained for a least four (4) hours at constant drawdown depth.
(1) 
A pump test shall be made with the faucet open to waste for a four-hour constant pumping period using a pump capable of producing ten (10) gallons per minute or more.
(2) 
In the event the well is exhausted during the initial four-hour pump testing period, the faucet shall be so regulated after suitable well recovery [of not more than thirty (30) minutes] in order to allow pumping at a constant rate for an additional four (4) hours at a constant drawdown depth to determine the yield.
(3) 
A sustained pumping rate of two (2) gallons per minute for a four-hour period shall be the minimum rate.
(4) 
The well (after pumping test) shall recover to within eighty-five percent (85%) of the original static water level within a twenty-four-hour period.
(5) 
Testing and evidence to show satisfactory well yield and recovery shall be demonstrated in the presence of the agent for the Board of Health.
(6) 
Quantity test shall be performed by competent pump or well drilling contractors and a well shall produce a supply for each dwelling unit served by an on-site well as follows:
Well Drawing Depth
Minimum Well Yield
(gmp-4hrs)
To 100 feet
5
100 to 200 feet
4
200 to 300 feet
3
300 feet and over
2
(7) 
The results of all testing shall be submitted to the Board of Health for approval. Said submissions shall be on an approved form and the well contractor shall be responsible for all data submitted.
D. 
Auxiliary power. Auxiliary power must be available to maintain a water supply for multiple dwellings.
E. 
Grade determination. A pitiless adapter shall be provided such that one permanent watertight casing of the well shall terminate a minimum of twelve (12) inches above finished grade and/or the 100 year flood.
F. 
Contamination precautions. Each well installed to provide water for human consumption must be curbed and covered to prevent entrance of contamination and to divert surface water away from the well.
G. 
Pipes and equipment.
(1) 
All service pipes and connections shall be on nontoxic materials and meet specifications approved by the New England Water Works Association.
(2) 
The installation of pipes shall be such that they are protected from crushing, freezing, and attack by animals or rodents.
(3) 
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 electrical corrosion problems.
(4) 
Electrical service ground shall not be attached to water piping. All electrical service and controls of well must be permitted, inspected and approved according to Town and state regulations.
A. 
Sanitary protection. Sanitary protection shall be incorporated into the construction of the well. All newly completed wells shall be disinfected in accordance with instructions from the U.S. Environmental Protection Agency Manual of Individual Water Supply Systems.
B. 
Sampling. A minimum of two (2) water samples shall be submitted to a State-approved laboratory for analysis. One sample shall be taken when the well installation is complete and one sample shall be taken from a tap in the dwelling before occupancy. All results shall be submitted to the Board of Health for approval. Acceptance of water quality shall be based on its conformance to the normal of the groundwater in the area as well as established state and federal drinking water standards.
C. 
Laboratory tests.
(1) 
A chemical, physical, and bacteriological analysis of the water samples by a Massachusetts certified laboratory shall be required. Water which does not meet the accepted standards of agencies of the state and federal government for potable water supplies shall be grounds for the rejection of the well.
(2) 
A bacteriological test to indicate 100 ml coliform density shall be required. A total bacteria count at 35 degrees C shall be determined.
(3) 
Chemical and physical analysis, including testing for volatile organic compounds (per EPA 524 or 502.1 and 503.1 with a double confirmation test when volatile organic compounds are present) shall be required. Analysis shall be performed for but not limited to pH, color, odor, iron, turbidity, manganese, ammonia nitrogen, nitrate nitrogen, alkalinity, total hardness, sodium, chloride, lead, arsenic, and nitrate nitrogen.
(4) 
Concentrations shall not exceed the following:
Color
15 units
Turbidity
5 SU
Manganese
0.05 mg/L
Nitrate Nitrogen
10 mg/L
Chloride
250 mg/L
Iron
0.30 mg/L
Sodium
*
*
Sodium content shall not exceed 20 mg/L in a semipublic water supply and shall be reported to the homeowner if greater than 20 mg/L in a private water supply.
(5) 
Other parameters will be evaluated on a case-by-case basis by the Board of Health to establish the water's suitability as a private or semipublic water supply.
(6) 
Where applicable water quality of semipublic water supplies shall comply with effective regulations of the U.S. Environmental Protection Agency and the Commonwealth of Massachusetts.
(7) 
If any concentrations of volatile organics is detected and/or if the sodium concentration shall exceed 20 mg/L a document shall be attached to the deed and recorded in the South Middlesex Registry of Deeds which identifies the chemicals and their concentration.
D. 
Water conditioning. Permanent disinfection of a polluted water supply is prohibited. If the natural water quality does not meet the physical and chemical criteria listed in Subsection C water conditioning shall be required. Water softening or other treatment shall not be discharged into the septic system. Treatment units shall be installed with the capability of bypassing such units if necessary or desired.
A. 
Surface water supplies for private or semiprivate water supplies shall be prohibited.
B. 
Cisterns shall be prohibited.
C. 
Cross connections for whatever purpose shall not be allowed without a written permit from the Massachusetts Department of Public Health and approval by the Ashland Board of Health.
D. 
Wells used for drinking water and domestic water supply shall not be used to provide water for groundwater heat pump systems, for water cooling or air conditioning systems or irrigation. Any well used for such systems shall be approved by the Ashland Board of Health only after the applicant has submitted with sufficient evidence to the satisfaction of the Board of Health that such use will not disrupt any quantity of water from any nearby well and that the well will satisfy the manufacturer's recommendations for proper equipment operation.
A. 
The Board of Health may vary the application of any provisions of these regulations with respect to any particular case, when in its opinion, the enforcement thereof would do manifest injustice provided that a variance granted by the Board of Health shall not conflict with spirit of these minimum standards. Any variance granted by the Board of Health shall be in writing.
B. 
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 deems necessary. 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.
A. 
Authorization. The provisions of Title 1 of the State Environmental Code shall govern the enforcement of these regulations.
B. 
Orders: service and content.
(1) 
If an examination as provided for § 312-4C and/or 312-5C reveals failure to comply with the provisions of these regulations, the Board of Health may order the person or company responsible to comply with the violated provisions.
(2) 
The inspection performed by, and these regulations of, the Ashland Board of Health cannot be construed as a guarantee by the Town of Ashland or its agents that the water system so inspected and regulated will function satisfactorily.
(3) 
The Board of Health may require a restriction to be recorded in the Registry of Deeds in cases which in the opinion of the Board of Health the water analysis shows marginal compliance with criteria of these regulations.
C. 
Certificate of compliance.
(1) 
No person shall occupy any structure permitted under these regulations, without first obtaining a certificate of compliance from the Ashland Board of Health or its agent(s).
(2) 
With respect to residential structures, occupancy shall be defined as any act of sleeping, preparing food for consumption, showering, or bathing.
(3) 
With respect to commercial structures, of a product for sale; any sale, within the structure, of any product, whether or not the product was produced within the structure; or any sale of any service, within the structure.
(4) 
Violation of Subsection C(1) shall be punishable by a fine of $1,000. Each day that a violation occurs shall be considered a separate violation and shall be punishable as a separate offense.
Nothing in the Ashland "Minimum Sanitation Standards of Private and Semi-Private Water Supply Regulations" is intended to, nor shall it supersede any of the Massachusetts Department of Environmental Protection "Drinking Water Regulations of Massachusetts" with respect to noncommunity and public water supply systems as defined therein.