[Adopted by the Board of Health 5-21-2015[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations 6-16-2022.
Whereas ongoing research by the Town of Nantucket in cooperation
with the Commonwealth of Massachusetts Department of Environmental
Protection (MassDEP), and in coordination with the University of Massachusetts
Dartmouth School of Marine Science and Technology (SMAST) under the
Massachusetts Estuaries Program (MEP), has documented increased levels
of nutrient loading due to on-site wastewater disposal systems with
resultant degradation of water quality in embayments, estuaries and
associated water resources within the identified Madaket Harbor Watershed,
this regulation is promulgated to maintain and/or restrict additional
effluent flows which further degrade the watershed that is the subject
of the MEP through increased nitrogen loading. In addition, this geographical
location is located in an area subject to severe erosion with subject
areas within the Velocity Zone. There are no plans to extend municipal
sewer in this area due to the technical issues of physically constructing
infrastructure over Millie's Bridge and the potential damage to infrastructure
located in areas subject to erosion. This watershed area, identified
as the Madaket Harbor Watershed, and more specifically the area identified
as those streets located over Millie's Bridge and as shown on the
attached Figure 1,[1] which becomes a part of this regulation and is identified
as the "Madaket Tight Tank District." This regulation details the
conditions under which a tight tank may be required in order to reduce
nitrogen loading into this well-documented, nitrogen-sensitive MEP
area, as well as provide a last resort for wastewater disposal due
to no other feasible available alternative for wastewater disposal
as determined by the Board of Health.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
A.
If a party currently owns and/or operates an on-site wastewater disposal
system located on property that is shown on Figure 1, Madaket Tight
Tank District,[1] which the Board has determined requires an upgrade pursuant
to 310 CMR 15.00 (Title 5) and as defined in the Board of Health regulations
under local regulations and is located within the above-referenced
geographic location, the Nantucket Board of Health has determined
that the property owner may be required to utilize a tight tank in
lieu of a conventional Title 5 system and/or innovative alternative
(I/A) system in order to reduce nutrient degradation to the watershed,
as well as provide a last-resort alternative to wastewater disposal.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
B.
The Board of Health reserves the right to require any property owner
with a failed septic system, in this identified area where no future
municipal sewer is being considered and/or where connection to the
municipal sewer system is not technically feasible, to apply to the
BOH for a tight tank in lieu of a conventional or innovative/alternative
on-site system. All upgrades/repairs must be approved and permitted
by the Health Department and subsequently MassDEP, prior to installation.
In addition, the Board of Health reserves the right to maintain jurisdiction
over the maintenance of the tight tank system, as well as the right
to pass over land where a tight tank system is installed under these
regulations in order to inspect said system.
C.
The Nantucket Board of Health determines the ability or inability
of the on-site wastewater disposal systems to meet this regulation
and ultimately determines if the parcel qualifies under this regulation
through an inspection paid for by the property owner.
D.
Tight tanks will not be allowed for new construction or increases
in design flow, but rather only as a last resort in this identified
area as shown on Figure 1.
As used in these regulations, the following terms shall have
the meanings indicated:
The Town of Nantucket department with local jurisdiction
of on-site wastewater systems in addition to all other health-related
issues.
The Town's twenty-year wastewater planning document completed
according to the Department of Environmental Protection Bureau of
Municipal Facilities Guide to Comprehensive Wastewater Management
Planning, January 1996. The CWMP update is a revision to the 2004
Report under 2013/2014 current conditions.
An on-site wastewater system failure due to ponding of surface
water, back-up of sewage into the dwelling and/or evidence of flooding
within the wastewater system's distribution box, septic tank, cesspool
or metal tank.
The area constituting the watershed for Madaket Harbor/Hither
Creek, as delineated on a map entitled "Madaket Harbor Watershed with
Sub-Areas," Nantucket GIS, dated January 13, 2003.
The geographic area shown on a map entitled "Figure 1, Madaket
Tight Tank District," included as part of this local regulation.[1]
The agency charged with proposing and enforcing environmental
law.
The Massachusetts DEP and the UMASS/Dartmouth School of Marine
Science and Technology (SMAST) collaborating together with Coastal
Zone Management, the Cape Cod Commission and several municipalities
to classify the nitrogen sensitivity of southeastern Massachusetts's
coastal bays and estuaries. SMAST technical experts work with MassDEP
to evaluate nitrogen sensitivity through comprehensive water quality
testing, quantitative TMDL (total maximum daily load) modeling, and
preparation of technical reports allowing communities to consider
how implementation of nitrogen management scenarios within watersheds
will influence water quality in embayments. The MEP has identified
three geographical regions as nitrogen-sensitive due to on-site wastewater
disposal systems on Nantucket: 1) Madaket Harbor Watershed; 2) Nantucket
Harbor Watershed; and 3) Hummock Pond Watershed.
The physical infrastructure that collects, treats and discharges
wastewater through a public system.
Encompasses the land and water of the Town and County of
Nantucket, including Tuckernut and Muskegat.
A physical environment deemed sensitive to the discharge
of pollutants, mainly nitrogen, from on-site wastewater disposal system
discharge. Water resource areas whose physical characteristics and
water quality testing detail intolerance to nitrogen loading and are
documented in the MEP reports as showing a decline in habitat. The
outcome is a determination of where nutrient reductions are needed
to preserve or restore long-term water quality, which are mandated
through a TMDL.
Geographic delineation of land/property area that has been
determined to be unsustainable in the long term with on-site wastewater
disposal systems in the Town of Nantucket's Comprehensive Wastewater
Management Plan.
An on-site wastewater system failure due to diminished distance
to groundwater; less than six feet in designated watershed protection
zones; less than five feet in non-watershed protection zones/within
100 feet to private drinking water well, missing or undersized system
components and leach field within 100 feet of private drinking water
well.
The environmental code in Massachusetts governing on-site
wastewater systems in Massachusetts found at 310 CMR 15.00.
A calculation of the maximum amount of a pollutant that a
water body can receive and still safely meet water quality standards.
The bodies politic created by statute (of the Commonwealth
of Massachusetts General Court) to govern said lands and waters.
According to 310 CMR 15.212, Depth to Groundwater, refers
to the distance between the bottom of the leaching facility or soil
absorption system and the groundwater. Title 5 of the Environmental
Code required a four-foot separation.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
No part of these regulations may be modified and/or rescinded
without a majority vote of the Board of Health.
Once an inspection is finalized and it has been determined that a system in failure meets the requirements of this regulation, and without limiting any other available remedies or penalties, the Board of Health may punish any person or entity that violates these regulations by assessing a penalty of $300. Each day or part thereof on which a violation occurs or continues shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, Article II, of the Code of the Town of Nantucket may be used, with a penalty of $300 for each violation; each day or part thereof during which such violation occurs or continues constitutes a separate offense. The Health Director or Assistant Health Officer is hereby empowered to enforce this Chapter 303, Article IV.
