[Amended 8-26-2002]
Fees are charged for testing, plan review and permit issuance
and inspection for each facility on which a new sewage disposal system
is proposed. The fee shall be paid to the Board's agent for these
services.
All soil absorption systems constructed hereafter, unless otherwise
specified by the Board of Health, shall not be located less than 100
feet from any watercourse (streams, brooks, rivers, ponds) or bordering
vegetative wetland (see Title 5, 301 CMR 15.211). Furthermore, no
wetlands shall be altered or displaced in order to meet the requirements
of the Lunenburg Board of Health regulations.
A.
Percolation test and deep observation holes must meet specific design criteria and time limits. In accordance with 310 CMR 15.100(1) and (2), soil evaluation will be used to determine groundwater. When a determination of groundwater is not possible using soil evaluation, criteria in Subsection A(2) or (3) will be used. The bottom of the proposed leaching area, at all points, must be designed at least:
(1)
Four feet above the estimated water table as determined by soil
elevation.
(2)
Five feet above the highest groundwater elevation as noted when
the test is taken during March 1 to April 30.
(3)
Six feet above the highest groundwater elevation as noted when
the test is taken during May 1 to May 30, and February 1 to February
28.
B.
If soil evaluation can, in the opinion of both the permit applicant's
engineer and the Board's agent, determine groundwater out of season
on a specific site, this may be accepted in lieu of actual observation
of high groundwater. If disagreement occurs, the groundwater level
as determined by the Board's agent shall take precedence in all cases
and will be the elevation used in the design of the system.
C.
No system shall be located less than a distance of 25 feet from a
failed percolation test hole.
Whenever an existing dwelling is to be expanded, either by an
increase in the footprint of the structure or by a reconfiguration
of the interior layout, determination of any potential increase in
the septic flow resulting from the modification will be determined
by use of the appropriate formula for the determination of bedrooms
within 310 CMR 15.002 as it applies to the dwelling as it exists prior
to the planned modification.
A.
For existing structures in which the total room count is eight or
less, a bedroom shall be defined as a room providing privacy consisting
of all the following:
B.
For existing structures in which the total room count is nine or
more, the number of bedrooms will be determined by dividing the total
number of rooms by two, then rounding down to the next whole number.
A.
No structure may be constructed or altered in such a manner that
any part of the foundation will be less than 20 feet from the leach
area (10 feet for slab foundation) and 10 feet from any other component
of the sewage disposal system.
B.
No structure will be constructed or altered in such a manner that
will cause it to extend over any component of the sewage disposal
system.
C.
No in-ground swimming pool will be constructed within 20 feet of
the leach area and 10 feet of any other component of the sewage disposal
system.
Before a sewage disposal works construction permit may be issued,
a lot must be inspected by the Board of Health or its agent when it
is clear of snow.
Deep observation holes must be completely refilled within 12
hours of being witnessed by the Board of Health or its agent.
The sewage disposal system must be located on the same lot as
the facility it is intended to serve; for the purpose of this regulation,
a lot shall not be interconnected by an easement or right-of-way.
The length of pipe between the septic tank and the distribution
box shall not exceed 100 feet unless additional engineering information
is provided to justify the additional length.
The area between trenches shall not be used for future expansion
of a system.
When no approved sanitary facilities exist on the site, all
builders, contractors and others (whose facility use would cause the
use of portable toilets) shall provide temporary sanitary facilities
on site until such use is no longer needed. The use and location of
these temporary sanitary facilities shall be approved by the Board
of Health prior to their placement.
Any dwelling used for seasonal occupancy only may not be occupied
year round until a sewage disposal system meeting the requirements
of Title 5, 310 CMR 15.000 and the Lunenburg Board has been installed
or the system in use can be shown to be in compliance with all such
requirements of all applicable regulations.
All work or repairs to sewage disposal systems, emergency or
otherwise, shall require prior approval of the Board of Health.
Subsurface disposal systems shall not be constructed until a
building permit has been issued.
When an individual proposes a sewage disposal system in excess
of 2,000 gallons per day, groundwater mounding analysis will be required
as part of the design information submitted to obtain a sewage works
construction permit.
To ensure maximum environmental protection, any innovative system
must be approved by the Board of Health.
In situations where the 1978 Environmental Code, Title V, applies,
the Lunenburg Regulations in effect prior to March 31, 1995, must
be met.
A.
When reviewing an application for, or when conducting inspections
in relation to, permits, which are within its legal jurisdiction to
review and inspect, the Board of Health may determine that the assistance
of outside consultants is warranted due to the size, scale or complexity
of a proposed project, because of a project's potential impacts, or
because the Town lacks the necessary expertise to perform the work
related to the permit. The Board of Health may require that applicants
pay a "project review fee" consisting of the reasonable costs incurred
by the Board of Health for employment of outside consultants engaged
by the Board of Health to assist in the review of a proposed project.
B.
In hiring outside consultants, the Board of Health may engage engineers,
planners, lawyers, urban designers or other appropriate professionals
who can assist the Board of Health in analyzing a project to ensure
compliance with all relevant laws, ordinances and other regulations
such as they relate to the project at hand. Such assistance may include,
but not be limited to, analyzing an application, monitoring or inspecting
a project or site for compliance with the Board's decision or regulations,
or inspecting a project during construction or implementation.
C.
Funds received by the Board of Health pursuant to this section shall
be deposited with the municipal treasurer, who shall establish a special
account for this purpose. Expenditures from this special account may
be made at the direction of the Board of Health without further appropriation.
Expenditures from this special account shall be made only for services
rendered in connection with a specific project or projects for which
a project review fee has been or will be collected from the applicant.
Accrued interest may also be spent for this purpose. Failure of an
applicant to pay a review fee shall be grounds for denial of the permit.
D.
At the completion of the Board's review of a project, any excess
amount in the account, including interest, attributable to a specific
project shall be repaid to the applicant or the applicant's successor
in interest. A final report of said account shall be made available
to the applicant or the applicant's successor in interest. For the
purpose of this regulation, any person or entity claiming to be an
applicant's successor in interest shall provide the Board of Health
with documentation establishing such succession in interest.
E.
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Board of Selectmen. Such appeal must
be made in writing and may be taken only within 20 days after the
Board of Health has mailed or hand-delivered notice to the applicant
of the selection. 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. The minimum
qualifications shall consist either of 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 action upon an application by the Board shall be extended by the
duration of the administrative appeal. In the event that no decision
is made by the Board of Selectmen within one month following the filing
of the appeal, the selection made by the Board of Health shall stand.
