[HISTORY: Adopted by the Board of Health
of the Town of Dover 7-10-2017. [1] Amendments noted where applicable.]
GENERAL REFERENCES
Groundwater Protection Districts — See Ch. 116.
Water — See Ch. 177.
Dover wetlands protection — See Ch. 181.
[1]
Editor's Note: This enactment also superseded former Ch. 233,
Wells, adopted 5-18-2015.
These regulations are intended to protect the public health
and general welfare of the Town of Dover by ensuring that private
wells and pumping systems are constructed in a manner that will protect
the homeowner, the quality of groundwater in the Town, and the aquifer
from which it is derived.
A.
These regulations are adopted by the Town of Dover, Board of Health (the Board) as authorized by MGL c. 111, § 31. These regulations supersede all previous regulations adopted by the Town of Dover Board of Health as Chapter 233 (Wells) of the Code of the Town of Dover.
B.
Public water supply wells, as defined in 310 CMR 22.00, are subject
to regulation under 310 CMR 22.00 and are exempt from these regulations.
Any person designated by the Board of Health to enforce these
regulations. The agent shall have all the authority of the Board and
shall be directly responsible to the Board and under its direction
and control.
Any person who intends to have a private well constructed.
A water-bearing geologic formation, group of formations or
part of a formation that contains sufficient permeable material to
yield significant quantities of water for consumption.
A mixture of Bentonite (API Standard 13A) and water in a
ratio of not less than one pound of Bentonite per gallon of water.
The Board of Health, Dover, Massachusetts (or its authorized
agent).
Impervious steel pipe placed in a borehole to prevent the
walls from caving in and to serve as a vertical conduit for the water
in the well. Casings shall be a minimum of six inches inside diameter.
Any laboratory, which has full certification granted by the
Massachusetts Department of Environmental Protection as provided by
the most recent edition of "Certification Status of Commercial Environmental
Laboratories." Provisional certification shall also qualify.
A mixture of Portland Cement ASTM Standard Type I or API
Standard 10A Class A sand, gravel, and water in a proportion of not
more than five parts of sand plus gravel to one part cement by volume
and not more than six gallons of water.
The available volume of water that can be removed from a
fully charged tank or tanks to the point of pump turn-on for recharge.
A well constructed by a cable tool or rotary-drilling machine.
Any well, designed for the purpose of supplying water, that
is hand- or machine-excavated rather than driven or drilled. Dug wells
are prohibited.
The pumping of water under pressure into a drilled well in
order to open fractures and fissures to increase water volume.
Any driven or drilled well used for the sole purpose of watering
or irrigation. Wells used for irrigation shall meet all requirements
for a private drinking water well and must be approved by the Board
or its agent. The applicant may request a waiver, in writing, from
the five-foot minimum depth for the irrigation line but acknowledges
that in the event the irrigation line will be connected to the dwelling
it will be reinstalled to the required five-foot depth. In no circumstances
shall there be more than one water line servicing the dwelling.
Any person or company properly certified by the Commonwealth
of Massachusetts pursuant to 310 CMR 46.00, or registered with the
Commonwealth pursuant to the predecessor regulations (313 CMR 3.00),
to install wells.
The Massachusetts Department of Environmental Protection.
A mixture consisting of one bag (94 pounds) of Portland Cement
(ASTM Standard C150, Type I or API Standard 10, Class A) to not more
than six gallons of clean water. Bentonite (API Standard 13A), up
to 2% by weight of cement, shall be added to reduce shrinkage. Other
additives, as described in ASTM Standard C494, may be used to increase
fluidity and/or control.
An individual, corporation, company, association, trust or
partnership.
Any driven or drilled well developed to supply, test or monitor
water for human consumption, that is not regulated by 310 CMR 22.00.
Any well not regulated by 310 CMR 22.00.
A procedure for the purpose of establishing a flow rate volume
and for obtaining a water sample for lab testing.
The total amount of time needed to recharge with water the
tank or tanks from pump turn-on until turn-off on a normal pump cycle.
A mixture consisting of Portland Type I Cement, sand, and
water in the proportion of one part Portland cement to at least three
and no more than four parts sand by volume and not more than six gallons
of water per bag (94 pounds) Portland Cement.
A well constructed by driving a small-diameter pipe into
shallow water-bearing sand or gravel.
The level of water in a well under nonpumping conditions.
A combination of materials assembled at a location to give
support or shelter such as a building, framework, retaining wall,
fence or the like.
A combination of equipment (pumps, tanks, pipes, controls,
etc.) used for the purpose of supplying water.
A hole with a depth greater than its largest surface diameter,
developed to withdraw groundwater.
Ground source heat pump wells (either open or closed loop systems)
shall be installed using MassDEP guidelines for ground source heat
pump wells, and any other requirements the Board or its agent deem
necessary to protect the public health. Such wells shall conform to
all applicable Massachusetts regulations. The agent shall review the
design plans to verify such conformity.
A.
Before the commencement of construction of a private well, the property
owner or his designated representative shall complete the well construction
application in full. No work shall commence until the application
is approved by the Board or its agent. Each permit application shall
include the following (Other specifics may be required.):
(1)
Property owner's name, address, and phone number.
(2)
The Massachusetts certified well driller's name, address, phone
number and proof of valid Massachusetts well driller certification.
Only a Massachusetts certified well driller may install a well.
(3)
A plan to scale showing the location of the proposed well and associated
water and electric lines in relation to:
(a)
Existing or proposed above- or below-ground structures.
(b)
Subsurface sewage disposal or drainage systems.
(c)
Subsurface heating oil or fuel storage tanks.
(d)
Public ways, easements, and driveways.
(e)
Any other wells in use or abandoned.
(f)
Any other potential source of contamination.
(g)
Utility services.
B.
A copy of the approved well permit shall be on site at all times
while work is taking place.
C.
Each well construction permit shall expire one year from the date
of issuance unless revoked for cause. Each well shall require a separate
permit.
D.
Permit fees shall be set from time to time by the Board of Health.
E.
A well construction permit shall be required for the installation
of any new private well or for work on any existing private well that
may alter either the quality or quantity of the water from said well.
Well construction permits are not transferrable.
Each well must supply adequate water for the purpose for which
it is intended and shall give satisfactory evidence of continuing
capability to do so.
A.
Drilled wells for domestic use shall produce a minimum of 3 1/2
gallons per minute for up to a three-bedroom home. For each additional
bedroom 1/2 gallon per minute shall be added to the total water yield.
All rooms other than one dining room, one family room, one living
room, halls, bathrooms, and kitchens shall be considered a bedroom.
For nondomestic drilled well uses, yield shall be at least 3 1/2
gallons per minute. This minimum may be reduced if the yield is sufficient
for the intended use, with the approval of the agent.
B.
Shallow driven wells for domestic or irrigation use shall be fully developed, shall produce two times the required volume (as set forth in Subsection A above) at a vacuum of less than 20 inches and shall be free of sand, clay, silt and other materials under foreseeable conditions. Shallow driven wells may be approved by the Board or its agent in circumstances where a drilled well cannot be constructed.
A.
In locating a well, the applicant shall identify and list all potential
sources of contamination which exist or are proposed within 200 feet
of the site.
B.
Each well shall have adequate accessibility for future repair, maintenance,
testing, and inspection.
C.
Each well shall be located at least 10 feet from any property line.
D.
The center line of a well, if extended vertically, shall clear any
projection from an adjacent building or structure by at least 10 feet.
E.
Each well shall be located a minimum of 25 feet from the edge of
pavement or driving surface of any roadway.
F.
Each well shall be located at least 25 feet laterally from the normal
high water mark of any lake, pond, river, stream, ditch or watercourse.
G.
There shall be a separate well for each house not served by a public
water supply. The well serving a house shall be located within the
lot boundaries of the house site. No well shall be used to supply
more than one dwelling without approval by the Board or its agent.
H.
No well shall be located less than 50 feet from any well on the same
property nor less than 100 feet from an abutter's well unless
approved by the Board or its agent. No well installed for irrigation
purposes shall be placed so as to prevent an abutter from installing
an irrigation well. In the event a well is decommissioned, the new
well may be no closer than 10 feet from said well. Driven wells may
be located closer with approval from the Board or its agent.
I.
No well shall be located less than 100 feet from any subsurface sewage
disposal system.
J.
No well shall be located less than five feet from the edge of any
driveway.
K.
No well or water line shall be located less than five feet from any
underground electric or other utility service except when the water
and electric lines serve the same dwelling.
L.
The center line of a well, if extended vertically, shall clear any
overhead electric or other utility service by a minimum of 15 feet.
M.
No well shall be located less than 25 feet from a swimming pool or
a hot tub/spa.
N.
No well shall be located less than 100 feet from a backwash pit or
leaching area for a swimming pool or hot tub/spa.
O.
The minimum distances established in this section may be increased
when, in the opinion of the Board or its agent, site conditions may
exist that could adversely affect groundwater quality or quantity
(including on adjacent properties).
A.
Upon completion of its construction and prior to its use, a well
shall be disinfected and a water quality test shall be conducted.
The water quality test shall utilize the most current EPA-approved
methods for testing drinking water. Analysis may be performed only
by a Massachusetts certified laboratory and shall include, at a minimum,
analysis for the following:
|
Coliform
|
Total bacteria
|
|---|---|
|
pH
|
Manganese
|
|
Color
|
Sodium
|
|
Odor
|
Chloride
|
|
Iron
|
Turbidity
|
|
Nitrogen nitrite
|
Nitrogen nitrate
|
|
Volatile organic compounds
|
Total hardness
|
|
Total alkalinity
|
Total dissolved solids
|
B.
Prior to the sale of any existing house, a water quality test shall
be performed on the existing well and shall be taken using a raw water
sample. The sample shall be taken directly from the well, or in the
event that is not possible, it shall be taken from the water line
before it enters the holding tank. If the nitrate or nitrogen levels
exceed five mg/L, a reverse osmosis (R.O.) system shall be installed.
At a minimum, the system can be placed at the drinking water location
and a deed restriction requiring maintenance of the R.O. system shall
be recorded at the Registry of Deeds.
C.
For the Board to approve use of a private drinking water well, the
results of the testing must conform to current United States Environmental
Protection Agency drinking water regulations and to those maximum
levels listed in MGL c. 21A § 13 and 310 CMR 15.000, effective
September 9, 2016.
D.
The Board reserves the right to require retesting of the elements and characteristics in Subsection A above and/or testing for additional parameters, when, in the opinion of the Board or its agent such testing is necessary due to local and/or specific conditions that may affect the quality of the water. All testing and related costs are the responsibility of the applicant. The Board recommends that all private drinking water wells be tested at least every five years.
E.
Upon acceptance of the quality and quantity testing, the Board or its agent shall sign the building permit if required, subject to any restrictions to be placed on the deed (easements, yearly testing, etc.] that are determined by the Board or its agent to be necessary for the protection of public health. Without prior approval by the Board or its agent, a foundation or building permit shall not be issued for a new home, addition, or alterations which may require additional water as per § 233-6 (Well yield) of these regulations.
A.
The Massachusetts certified well driller shall observe all sanitary
measures and precautions in the performance of his work in order to
prevent the possible pollution or contamination of the well, aquifer
and adjacent area.
B.
All parts, equipment and appurtenances used in the water system shall
be selected, installed, and assembled so that the system will operate
within the design specifications of each of its parts, and shall deliver
adequate pressure and volume consistent with the well output and particular
job requirements, and will provide said service under normal operating
conditions.
C.
No part of a water system shall be buried, covered or concealed without
prior approval of the Board or its agent.
D.
All equipment and parts of the water system shall be installed so
as to be frostproof under all foreseeable conditions. Water lines
shall be buried a minimum of five feet to finish grade. There shall
be a minimum three-foot separation in elevation between the water
and electric lines.
E.
All wells except shallow driven wells shall be cased with six inches
minimum inside diameter Schedule 40 steel pipe, but in all installations
the casing shall be of adequate strength and durability to withstand
anticipated formation and hydrostatic pressures imposed during installation
and use. A physical connection is not permitted between a private
well, as permitted under these regulations, and a public water supply
as regulated by 310 CMR 22.00.
F.
Shallow driven wells shall be two-and-one-half-inch Schedule 40 steel
pipe installed with a screen which shall be made of stainless steel.
G.
All water used for drilling and well development or to mix drilling
fluids shall be obtained from a source which will not result in contamination
of the well or water-bearing zones penetrated by the well. Water shall
be conveyed in sanitary containers and a free chlorine residual of
10 mg/L shall be maintained in any water used at the drill site. Water
from wetlands, swamps and similar surface supplies shall not be used.
H.
All drilling equipment shall be cleaned and disinfected prior to
drilling each new well or test hole.
I.
All drilled wells shall be thoroughly flushed before removal of the
drilling equipment.
J.
The completed well shall be sufficiently plumb and straight so that
there will be no interference with the installation, alignment, operation
or future removal of the permanent pump and related equipment.
K.
Installation of the well casing shall be done in a manner that does
not alter the shape, size or strength of the casing or joints. A standard
drive shoe shall be used when the casing is installed. The drive shoe
shall be welded or threaded to the casing. Couplings shall not be
used as drive shoes. Upon completion of the installation the entire
length of the casing shall be water tight.
L.
All casing, used in the construction of private wells, shall be free
of pits, breaks gouges, deep scratches and other defects and shall
comply with material standards approved by the American Water Works
Association. If used casing is to be installed it shall be decontaminated
and disinfected prior to installation. Six-inch casing shall be a
minimum 19 pounds per foot Schedule 40 steel pipe six inches inside
diameter. Eight-inch casing shall be a minimum of 28 pounds per foot
Schedule 40 steel pipe eight inches inside diameter.
M.
The casing shall extend a minimum of 12 inches and a maximum of 18
inches above finish grade. For wells constructed in a floodplain the
casing shall be a minimum of 18 inches above the level of the highest
recorded flood which shall be noted on the plan.
N.
For wells drilled in bedrock, the casing shall be set a minimum of
10 feet into competent bedrock and shall be properly grouted using
either a Bentonite base grout, a neat cement grout, or a sand cement
grout and shall use standard grouting techniques as described in the
MassDEP private well guidelines.
O.
Well screens used on all six-inch or larger wells that are completed
in unconsolidated formation shall be made of stainless steel. The
well screen aperture openings, screen length and diameter shall be
selected so as not to limit the aquifer's water yielding characteristics
while preventing access of soil particles that would detract from
the well efficiency and yield.
P.
Pursuant to 310 CMR 46.00, unless a holder of a certificate in accordance
with 310 CMR 46.02, or a registration in accordance with the predecessor
regulations, 313 CMR 3.00, no person shall engage in the business
of well drilling in the Commonwealth.
Q.
The electric supply for the well shall be installed in a one-inch-minimum
protective conduit. It is the contractor's responsibility to
obtain a permit for the installation of the electric line.
R.
The Massachusetts certified well driller shall take all necessary
precautions to contain drilling fluids, water and cuttings to prevent
any runoff to roads, streams, ponds or wetlands.
S.
No person or company shall blast or dynamite a well or wells.
T.
Fracking may be done with the approval of the Board or its agent.
A.
Shallow driven well pumps shall be installed as near the well and
as low as possible to minimize lift and friction loss. Suction lines
shall be a minimum of one inch or larger as required.
B.
All six-inch or larger wells shall use submersible pumps. Submersible
pumps of 1/2 HP or smaller on settings of 100 feet or less may be
set on poly pipe. Higher HP pumps or deeper settings shall be set
as a minimum on one-inch Schedule 80 PVC with threaded couplings.
Couplings shall be Schedule 80 PVC or galvanized pipe and couplings.
Proper pitless adaptors shall be used. Larger pipe sizes may be required.
Schedule 40 PVC pipe and fittings are not acceptable for submersible
pump installations.
C.
Minimum storage capacity shall be such that the minimum tank drawdown
at 30 pounds/50 pounds shall be no less than 36 gallons. In any event,
the minimum size storage tank capacity shall be 120 gallons.
D.
In no event shall the tank recharge time be less than three minutes.
E.
Multiple tanks may be used to achieve the required minimum storage.
F.
Water treatment systems, such as iron/hardness removal, shall not
discharge into a septic system.
G.
A proposed reverse-osmosis treatment system must be approved by the
Board before it can be installed and if approved may only be installed
by or under the supervision of a licensed installer.
A.
Before being approved, every well shall be pump tested to determine the yield at the completion of a prolonged pump test. This yield must conform to § 233-6 (Well yield) of these regulations.
B.
There shall be a minimum of a six-hour pump test for every new drilled
well or for wells in existence to be used in conjunction with new
construction. For wells that have been fracked there shall be an additional
continuous six-hour pump test to remove all frack water prior to performing
the actual pump test. Pump tests for a fracked well shall be conducted
over a two-day period.
C.
Minimum pump test times are six hours. Longer tests may be required.
D.
Wells shall have at least a 90% recovery in 24 hours.
E.
When more than one test is required to determine well yield for any
reason, an additional test fee will be required.
A.
Abandoned wells, test holes and borings shall be decommissioned so
as to prevent the well, including the annular space outside the casing,
from becoming a channel allowing the vertical movement of water and
possible contamination. The owner shall decommission the well if the
well meets any of the following criteria or is ordered by the Board:
(1)
Construction of the well is terminated prior to completion or fails
to meet the Town of Dover Board of Health regulations.
(2)
The well owner notifies the Board that the use of the well is to
be permanently discontinued.
(4)
The well is a potential hazard to public health or safety and the
situation cannot be corrected as reported by a Massachusetts certified
well driller.
(5)
The well is in such a state of disrepair that its use is impractical.
B.
The property owner shall be responsible for ensuring that all abandoned
wells, test holes and borings are properly decommissioned.
C.
Only Massachusetts certified well drillers may decommission wells,
test holes and borings.
D.
Abandoned wells, test holes or borings shall be completely filled
and plugged with either neat cement grout, sand cement grout, concrete
or Bentonite grout. Deep wells may be filled to within 50 feet of
the ground with sand before using any of the grouts.
E.
Regardless of the type used, the grout should:
F.
The plugging material shall be introduced at the bottom of the well,
test well or boring and placed progressively upward to a level approximately
eight feet below finish grade, at which time the casing shall be cut
off approximately four feet below finish grade. The remaining space
in the well or bore hole (approximately four feet) shall then be filled
with concrete.
A.
The Board or its agent has the authority to investigate suspected
or known violations of these regulations and/or violations of any
deed restriction required by the Board. The Board of Health or its
agent shall have authority to enter upon privately and publicly owned
property for the purpose of performing the Board's duties under
these regulations and may make or cause to be made such examinations
or inspections as the Board deems necessary, subject to the constitutions
and laws of the United States and the Commonwealth. The Board may
take actions as it deems appropriate, within its authority, for the
protection of public health, safety, welfare, or the environment,
and to enforce any of the provisions of these regulations.
B.
If any investigation reveals a violation of these regulations or
a deed restriction required by the Board, the Board may order the
private well owner to comply with the violated provision(s), and/or
may take other action within its authority as the Board deems appropriate.
C.
Any order the Board issues shall be in writing and served in the
following manner:
(1)
Personally, by any person authorized to serve civil process;
(2)
By any person authorized to serve civil process by leaving a copy
of the order at the property owner's address;
(3)
By sending the property owner a copy of the order by registered or
certified mail, return receipt requested; or
(4)
By posting a copy of the order in a conspicuous place on or about
the premises where the private well is located and by advertising
it for at least three out of five consecutive days in one or more
newspapers of general circulation within the municipality where the
private well is located, if the property owner's last and usual
place of residence is unknown or outside the Commonwealth.
D.
Pursuant to its authority under MGL c. 111, § 31, the Board may assess fines of up to $300 per offense for violation of these regulations or of an order issued hereunder. Each day during which a violation continues shall constitute a separate offense. The Board may collect these fines using the noncriminal disposition procedure under MGL c. 40, § 21D, and Town of Dover General Bylaws Chapter 20, Article I, or by filing a criminal complaint at the appropriate venue.
E.
The Board of Health may apply for injunctive relief to enforce the
provisions of these regulations in any court of competent jurisdiction.
A.
Any person to whom the Board issues an order may request a hearing
before the Board by filing with the Board within seven days after
the order was served a written request for a hearing.
B.
Upon receipt of a hearing request, the Board shall set a time and
place for the hearing and shall inform the well owner in writing.
The hearing shall commence within 30 days from the day on which the
written request was made, unless a later time is agreed to, in writing,
by the Board and the person requesting the hearing. At the hearing
the person requesting the hearing shall be given an opportunity to
be heard and show why the order should be modified or withdrawn. After
the close of the hearing, the Board shall issue a written decision
to sustain, modify or withdraw the order and shall mail a copy of
the decision, by certified mail, return receipt requested, to the
person who requested the hearing. If the Board sustains or modifies
the order, it shall be carried out within the time period allotted
in the original order or in the modification.
Any person aggrieved by a final order, variance, or well construction
permit (or denial of a variance or a well construction permit) may
appeal to any court of competent jurisdiction as provided by the laws
of the Commonwealth.
A.
The Board may grant a variance to any provision of these regulations
when, in its opinion, the enforcement would result in manifest injustice,
and the applicant has demonstrated that the equivalent degree of protection
will be provided without the strict application of the particular
provision(s) sought to be varied.
B.
Every request for a variance shall be in writing and shall state
the specific provisions of this regulation from which a variance is
sought, the reasons for seeking the variance and proof of the notice
required below. The request shall also contain the information to
establish manifest injustice and equivalent degree of protection.
At least 10 days prior to submission to the Board, the applicant shall
provide notice of their intent to request a variance as follows: a)
by certified mail with delivery confirmation to all owners of property
within 300 feet of the property upon which the private well will be
or is located and b) publication in a newspaper of general circulation
in the town or city in which the private well is located. The notice
shall include, at a minimum: the name and address of the applicant,
the property address where the well is located or to be constructed,
a statement of the provision(s) of this regulation from which a variance
is sought, and the reason for seeking the variance. Any grant or denial
of a variance shall be in writing and shall contain a brief statement
of the reasons for approving or denying the variance. A copy of each
variance shall be conspicuously posted for 30 days following its issuance
and shall be available to the public at all reasonable hours in the
Office of the Town Clerk or Office of the Board of Health. No work
shall be done under any variance until 30 days elapse from its issuance,
unless the Board certifies, in writing, that an emergency exists.
C.
The Board may issue a variance subject to such conditions as it deems necessary to ensure public health, safety welfare or the environment. Any such conditions shall be stated in writing in the Board's grant of the variance. The Board may revoke, modify or suspend, in whole or in part, a variance after the property owner has been notified, in writing, and is afforded an opportunity to be heard, pursuant to § 233-14 of these regulations.
If any provision of these regulations is held to be invalid
by a court of competent jurisdiction, the invalidity shall be limited
to said provision(s) and the remainder of these regulations shall
remain valid and effective.
The issuance of a well permit shall not be construed as a guarantee
by the Board or its agent that the water system will function satisfactorily
nor that the water supply will be of sufficient quality or quantity
for its intended use.
A.
These regulations were adopted by vote of the Town of Dover, Massachusetts,
Board of Health at their regularly scheduled meeting on July 11, 2016.
These regulations will take effect on the date that notice is published
in a local newspaper.[1]
[1]
Editor's Note: These regulations became effective 8-17-2017.
B.
Notice of these regulations shall be published and a copy placed
on file in the Board of Health Office.
