[HISTORY: Adopted by the Town of Nantucket as indicated in
article histories. Amendments noted where applicable.]
TOWN CODE REFERENCES
Sewers and wastewater facilities — See Ch. 120.
[Adopted by the Board of Health[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations 6-16-2022.
A submitted septage plan shall show, as a minimum, the lot to
be served, location and dimensions of the system (including reserve
area), design calculations, existing and proposed contours, location
and log of deep observation hole, location and results of percolation
tests, approved soils analysis forms, locations of any wetlands, all
known sources of water supply within 200 feet of the soil absorption
system, location of any proposed potable water supply well to serve
the lot, location of water lines on the property, maximum groundwater
elevation in the area of the soil absorption system and a profile
of the system. The plans shall be prepared by a professional engineer
or other professional authorized by law to prepare such plans.
A.
No soil absorption system shall be located or installed within 100
feet of a wetland. On a lot in existence prior to the effective date
of these regulations, where lot configuration and/or maximum square
footage prohibit locating a soil absorption system the minimum 100
feet from a wetland, the soil absorption system shall have a maximum
design flow of 330 gallons per day.
B.
Soil absorption systems shall not be constructed in areas where the
maximum groundwater elevation is less than five feet below the bottom
of the soil absorption system.
A.
All systems for which a disposal system construction permit has been
issued shall be completed, and the certificate of compliance shall
be obtained, within three years of issuance of the permit. Unless
an extension pursuant to Title 5, 310 CMR 15.020(3), is issued, the
permit, and any variances or local upgrade approvals from 310 CMR
15.00 allowed therewith, shall expire if the work authorized by said
permit is not completed within a three-year period.
B.
The local approving authority or the Department may issue a written
one-year extension to the disposal system construction permit and
certificate of compliance expiration date, upon the presentation of
documented facts preventing the completion of the approved system
within the time frame of the original permit. Only one extension shall
be granted.
Sewage flow estimates shall be determined using procedures given
in the Massachusetts State Environmental Code; Minimum Requirements
for the Subsurface Disposal of Sanitary Sewage: Title 5.
[Adopted by the Board of Health[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
A.
The Town is mandated, through the Massachusetts Estuaries Program
(MEP), under the jurisdiction of the Massachusetts Department of Environmental
Protection (MassDEP), to reduce nitrogen loading in specific areas
of Nantucket and to meet total maximum daily loads (TMDLs) set by
the commonwealth in Nantucket Harbor, Madaket Harbor, Long Pond, Sesachacha
Pond and potentially other embayment areas of Nantucket, including
the Hummock Pond Area. Nantucket's harbor watershed districts (Nantucket
and Madaket) also detail reductions of nutrient loading from on-site
wastewater disposal systems.
B.
In order to meet these mandates, the Town is currently engaged in
facilities planning for future phases of a municipal Comprehensive
Wastewater Management Plan (CWMP), which includes provisions for additional
sewering of portions of the Town. Because the planning, design and
installation of sewers in these new areas is expected to take some
time, the Board of Health wishes to provide options for property owners
who currently have failed on-site wastewater systems in areas proposed
for municipal sewer. Therefore, to alleviate the burden on property
owners who may have to pay for an expensive septic system upgrade,
replacement or repair and then have to pay again to connect to the
municipal sewer, the Board is enacting this regulation to provide
for deferrals in certain circumstances.
A.
Owners or operators of residential or commercial property on the
Island of Nantucket shall upgrade, replace, or repair any on-site
wastewater disposal system that fails to meet the requirements of
the State Environmental Code, Title 5, the Nantucket Board of Health
Regulations, and/or orders of the Nantucket Board of Health, within
the time required by such code, regulations, and/or orders.
B.
The Board of Health may defer any requirement to upgrade, replace,
or repair a failing on-site wastewater disposal system until such
time as a municipal sewer is available, for owners and operators of
residential and commercial property located in a proposed future municipal
sewer service area, identified as a "Needs Area" in the CWMP Update.
A.
The issuance of a deferral shall be at the sole discretion of the
Board of Health, which shall determine that the costs of upgrading,
replacing, or repairing the system is excessive in light of the probability
that municipal sewer will be available in the near future and that
such upgrade, replacement, or repair can be deferred for a definite
period of time without creating an unreasonable threat to public health,
safety, or the environment.
B.
All upgrade deferrals shall be subject to the following minimum conditions:
(1)
The applicant must demonstrate that the system is not in hydraulic failure, as that term is defined in § 327-9 of this regulation, and that the condition of the system does not pose an imminent threat to public health, safety, or the environment;
(2)
The applicant must execute an administrative consent order (ACO)
acknowledging that the system fails to meet the requirements of the
State Environmental Code, Title 5, the Nantucket Board of Health regulations
and/or orders of the Nantucket Board of Health;
(3)
The applicant shall agree, in writing, to abandon the system and
connect the property to the municipal sewer within 60 days of receipt
of notice of sewer availability, or to upgrade, repair or replace
the system as required by the Board of Health within 60 days of receipt
of notice that such upgrade, repair, or replacement is required;
(4)
The applicant shall deposit a sum of money into an insured and interest-bearing
escrow account of the Town established and maintained by the Finance
Director pursuant to MGL c. 44, § 53A, said sum to be used
solely for the purpose of defraying the cost of connecting to municipal
sewer or upgrading, repairing, or replacing the system;
(5)
The applicant shall agree to have the system periodically inspected
by a duly licensed Title 5 inspector;
(6)
The applicant shall agree to comply with all interim orders of the
Board of Health; and
(7)
Said administrative consent order shall be recorded with the title
to the property and shall run with the land.
A.
Any property owner seeking a deferral in accordance with § 327-6 of this regulation shall apply, in writing, to the Board of Health.
B.
The application shall include an inspection report from a duly licensed
Title 5 inspector showing the nature of the failure.
C.
If the application is approved, the applicant shall execute an administrative consent order and shall pay, by certified check, bank or cashiers check, a sum of money for the escrow account required by § 327-7B(4) of this regulation.
D.
Within 14 days of the execution of the ACO, the applicant shall provide
the Board of Health with proof that it has been recorded with the
Nantucket County Registry of Deeds.
E.
The applicant shall make any interim repairs required by the Board
of Health within the time ordered by the Board.
F.
If the application is denied, the applicant may request a hearing
before the Board of Health. Said request shall be in writing and shall
be received by the Board no later than 30 days after the Board's decision
to deny the application. The Board's decision after said hearing shall
be final.
As used in these regulations, the following terms shall have
the meanings indicated:
Duly executed and recorded document that allows a property
owner in a specific area of Nantucket to defer major repair and/or
upgrade of a failed on-site wastewater treatment system until municipal
sewer is available for connection. Specific provisions for deferment
are detailed in the ACO document.
The Town of Nantucket department with local jurisdiction
of on-site wastewater systems in addition to all other health-related
matters.
The Town's twenty-year wastewater planning document completed
according to the Department of Environmental Protection Bureau of
Municipal Finances Guide to Comprehensive Wastewater Management Planning,
including any updates thereto.
An account set up with the Town's Finance Department for
the purpose of collecting funds, based on an estimate to repair a
failed on-site wastewater system to Title 5 and local standards, to
apportion towards the capital cost assessed to the property owner
for municipal sewer or for repair/upgrade of on-site system.
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 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 the nitrogen sensitivity through comprehensive water quality
testing, quantitative TMDL (total maximum daily load) models, and
preparation of technical reports allowing communities to consider
how implementation of nitrogen management scenarios within watersheds
will influence water quality in embayments.
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 Tuckernuck and Muskeget.
The County of Nantucket Office of Recorder of Deeds is a
government office tasked with maintaining public records and documents,
especially records relating to real estate.
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 areas/within
100 feet to private drinking water well, missing or undersized system
components and leach fields within 100 feet of a private drinking
water well.
The environmental code in Massachusetts governing on-site
wastewater systems in Massachusetts found under 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.
No part of these regulations may be modified and/or rescinded
without a majority vote of the Board of Health.
A.
Without limiting any other remedies or penalties, the Board of Health
and/or the Board of Health's agent may punish any person or entity
that violates these regulations by assessing without demand a stipulated
penalty of $500 per day. Each day of noncompliance shall constitute
a separate violation.
B.
The penalty shall be paid by certified check, cashier's check or
money order payable to the Town of Nantucket.
These regulations are adopted by the Town of Nantucket's Board
of Health as authorized by MGL c. 111, § 31.
