The disposal of wastewater, including sanitary sewage, in Boxford,
is regulated under 310 CMR 15.00, Title 5, as amended, and local Board
of Health regulations. Board of Health authority applies to systems
with a daily discharge of up to 9,999 gallons per day [310 CMR 15.004(1)(a)].
Questions have been raised about the appropriateness of current regulations
for small wastewater systems when applied to small package wastewater
treatment plants with a daily discharge of 2,000 to 9,999 gallons.
These questions include the increased impact of such facilities on
groundwater and the environment, the life expectancy of such facilities
and the long-term liability and ownership of such facilities. To address
these concerns, acting under the provisions of MGL c. 111, § 31,
and in the interest and for the protection of public health, the Boxford
Board of Health hereby defines additional restrictions and conditions
on small package treatment plants in Boxford with a daily discharge
of 2,000 to 9,999 gallons. Treatment plants with a daily discharge
of 10,000 gallons per day or greater are under the authority of the
Massachusetts Department of Environmental Protection and 314 CMR 5.000.
This regulation is based on and draws from established Boxford
Code, studies on wastewater movement through Boxford soils into surface
waters, Massachusetts Regulations and guidance documents, and similar
regulations from other Massachusetts municipalities. These include
but are not limited to the following:
A. Boxford Town Code Chapters
201 and
205.
B. K-V Associates, Falmouth, MA, 1995. Water Quality Management Study
for Seven Ponds in Boxford, MA.
C. Horsley & Witten, Boston, MA, 1996. Modeling and Analysis. 3-Pond
Study Nutrient Modeling in Boxford, MA.
D. Mass 310 CMR 15.00, The State Environmental Code, Title 5.
E. Mass 310 CMR 22.00, Drinking Water.
F. Mass 310 CMR 42.00, Certification and Operation of Environmental
Analysis Laboratories.
G. Mass 314 CMR 4.00, Mass Surface Water Quality Standards.
H. Mass 314 CMR 5.00, Ground Water Discharge Permit Program.
I. Mass 257 CMR 2.00, Certification of Operators of Waste Water Treatment
Facilities.
J. DEP, Division of Watershed Permitting, 2018, Guidelines for the Design,
Construction, Operation, and Maintenance of Small Wastewater Treatment
Facilities.
K. DEP, Groundwater Mounding for Wastewater treatment facilities Larger
than 2,000 gpd.
L. DEP, WP-83, Hydrogeologic Evaluation Report.
M. DEP, 1999, Standard References for Monitoring Wells.
N. Acton, MA, Health Department, 2015, Article 19, Design, Operation
and Maintenance of Wastewater Treatment Facilities.
O. Wayland, MA, Board of Health, 1988. Regulations for the Design, Operation,
and Maintenance of Small Wastewater Treatment Facilities.
When used in this regulation or in communications, notices,
orders or other references relative thereto, the following words and
phrases shall have the meanings ascribed to them below and shall apply
in the interpretation and enforcement of this regulation:
ABUTTER
The owner of any property that lies within 500 feet radial
from any lot line of the subject property, including those properties
across a traveled way or body of water. In the case of property that
has frontage on a pond, abutters will include all those properties
with frontage on the pond.
APPLICANT
The person, organization, Town department or body, private
organization or company, or any other entity proposing the installation
of a small package treatment wastewater treatment plant (WWTP).
BOARD
Boxford Board of Health.
BOH
Boxford Board of Health.
BOXFORD BOARD OF HEALTH
The responsible Town authority for any and all installations,
modifications, construction, and use of a WWTP in the Town of Boxford,
Massachusetts.
BOXFORD BOARD OF HEALTH AGENT
An agent of the BOH with the authority to act on the behalf
of the BOH. The agent will normally be the Health Agent or a member
of the BOH.
BYPASS
The diversion of wastes from any portion of a treatment works.
DEP
Massachusetts Department of Environmental Protection.
EFFLUENT
The wastewater emerging from enhanced secondary treatment
and before entering the leaching facility.
ENHANCED SECONDARY TREATMENT
Secondary treatment that includes disinfection to ensure
that the effluent is capable of meeting an effluent limitation of
no more than 200 fecal coliform organisms per 100 ml, and additional
processes capable of meeting an effluent limitation of 10 mg/l of
nitrate nitrogen and total nitrogen.
GROUNDWATER
Water below the land surface in a saturated zone, including
perched groundwater.
HAZARDOUS SUBSTANCE
Any of the substances designated under 40 CFR Part 116 pursuant
to § 311 of the Federal Act, 33 U.S.C. § 321,
or any hazardous material as defined in MGL. c. 21E.
HAZARDOUS WASTE
A hazardous waste pursuant to 310 CMR 30.000; Hazardous Waste.
LOT
An area of land in one ownership, with definite boundaries.
MASS DEP CERTIFIED LABORATORY
A laboratory that has been certified to carry out chemical
and microbiological analysis on water and environmental samples under
310 CMR 42.00.
MONITORING WELL
A well that is specifically designed, constructed, emplaced,
and located to measure the impact of a discharge of pollutants on
groundwater quality and quantity.
NITROGEN REMOVAL (REDUCTION) SYSTEM
An approved Massachusetts DEP Title 5 (310 CMR 15.000) innovative/alternative
technology used to reduce or remove nitrogen from septic system leaching
areas.
OWNER
The entity or organization that owns the WWTP, such as a
condominium association, and includes as stakeholders all owners of
housing units served by the WWTP. All stake holders in the entity
or organization shall share responsibility for the operation, maintenance,
and repair of the WWTP [ref: 314 CMR 5.15(2)(a)].
PERMIT
The written authorization issued by the BOH to the owner
for construction and operation of the WWTP.
PRIMARY TREATMENT
The process or group of processes capable of removing from
sewage a minimum of 25% of the five-day biochemical oxygen demand,
55% of the suspended solids, and 85% of the floating and settleable
solids (ref: 314 CMR 5.00).
SECONDARY TREATMENT
The process or group of processes capable of removing from
untreated wastewater a minimum of 85% of the five-day biochemical
oxygen demand and suspended solids, and virtually all floating and
settleable solids, followed by disinfection (ref: 314 CMR 5.00).
STAKEHOLDERS
Shall include the persons who own or control or will own
or control any activities that result in the discharge of pollutants.
SUBSURFACE SANITARY SEWAGE DISPOSAL SYSTEM
Individual sewage disposal system or on-site subsurface sewage
disposal system as defined in 310 CMR 15, as amended, with a daily
discharge of up to 1,999 gallons per day.
TOTAL DISSOLVED SOLIDS
The total dissolved (filterable) solids as determined by
use of the method specified in 40 CFR Part 136, or other method approved
by the DEP.
WATER BODY
A body of water having a water surface area of 10 acres or
more in its natural (historic) state.
WETLAND RESOURCE AREA
Any land area or surface area so defined by the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and regulations promulgated pursuant thereto 310 CMR 10.00, and Town of Boxford Wetlands Protection Bylaw and regulations promulgated pursuant thereto. (See Boxford Code Ch.
192, Wetlands Protection. The regulations promulgated pursuant thereto are on file in the office of the Town Clerk).
WWTP
(Small Package) Waste Water Treatment Plant that includes
any and all devices, processes, and properties used in the collection,
pumping, transmission, storage, treatment, disposal, recycling, reclamation
or reuse of water-borne pollutants.
WWTP OPERATOR
A person certified to manage and operate a WWTP pursuant
to 257 CMR 2.00.
ZONE 1 AND ZONE 2
The protective radii around a public water supply as defined
and assigned by DEP for every public water supply and as defined in
310 CMR 22.02.
In addition to all existing requirements for subsurface sanitary
systems in Boxford, small package wastewater treatment plants shall
meet the following additional requirements.
A. Permit. Any WWTP in Boxford must receive a permit from the BOH before
operations commence. Permits shall be renewed every three years by
the BOH. Renewal applications for a permit must be submitted to the
BOH no less than 60 days before the current permit expires. The BOH
may withhold reissuing a permit if any of the stipulations of this
regulation are violated and/or found not to be in compliance with
this regulation.
B. System design and components. All WWTP in Boxford shall contain adequately
sized components for pretreatment, secondary treatment, enhanced secondary
treatment, and a disposal area/leaching facility, unless otherwise
allowed by the BOH.
C. Hydrogeological evaluation. The WWTP applicant shall submit a hydrogeological
evaluation report in accordance with Massachusetts DEP guidelines
(ref: DEP WP 83, Hydrogeologic Evaluation Report) and prepared by
a qualified geotechnical engineer or hydrologist, showing the impact
of the subsurface discharge of the WWTP on groundwater. The report
shall include determination of the discharge flow direction and projected
wastewater plume. The report shall assess the impact of the proposed
discharge on all potentially impacted groundwater sources of potable
water for public water systems and all private drinking water supplies,
and to determine whether the proposed discharge will cause or contribute
to a violation of 314 CMR 4.00: Massachusetts Surface Water Quality
Standards or impair the actual or potential use of the groundwater
as a source of potable water.
D. WWTP distances.
(1)
No portion of the WWTP shall be located less than the following
distances stated to the components listed as follows (in feet):
Component
|
Subsurface Tank
(feet)
|
Leaching Area
(feet)
|
---|
Well
|
100
|
See Note a
|
Dwelling unit
|
50
|
100
|
Property boundary
|
100
|
100
|
Water body
|
100
|
300
|
Wetland
|
100
|
See Note b
|
NOTES:
|
a.
|
One hundred feet minimum, 150 feet in soils with a percolation
rate of less than five minutes per inch, or the Zone 1 radius of a
public water supply, whichever is greater.
|
b.
|
One hundred feet minimum, 150 feet in soils with a percolation
rate of less than five minutes per inch.
|
(2)
These distances may be changed by the BOH depending on the findings
of the hydrogeological evaluation.
E. Preliminary plan.
(1)
Prior to submitting final drawings and specifications for a WWTP, the owner shall submit to the BOH a preliminary plan for the proposed WWTP which includes all components of the system, including types and sizing of holding/septic tanks (primary treatment); advanced pretreatment, such as but not limited to media filters (secondary treatment); enhanced secondary treatment, including nitrogen removal and disinfection methods, such as ultraviolet or ozone treatment; and details on the final dispersal area/leaching field. The plan shall be presented to the BOH at a regularly scheduled meeting. The BOH will have up to 30 days to evaluate and give preliminary approval to the plan following said meeting unless the Board decides to hire an independent consultant to evaluate the system as described in §
201-5.4E(2) of this regulation.
(2)
At its discretion, the BOH may contract the services of an independent
consultant to evaluate compliance of a proposed WWTP with this regulation.
Said consultant shall be compensated for all costs by the WWTP applicant.
If an independent consultant is used, the Board shall have 30 days
after the consultant issues written recommendations or a report to
give preliminary approval.
F. WWTP subsurface leaching facilities.
(1)
No WWTP leaching facility or discharge from that facility will
be allowed within the Zone 1 of a public water supply source, or the
six-month groundwater travel time distance to the public water supply
source, whichever is larger.
(2)
The bottom interface of the WWTP leaching facility shall be
no less than five feet above the maximum elevation of the groundwater
or saturated soil zone. This elevation shall be calculated after adding
the effect of groundwater mounding to the high groundwater elevation
as determined pursuant to 310 CMR 15.103(3).
(3)
In the case where the earth removal site coincides with the approved site for a subsurface sewage disposal system, the ten-foot excavation limit of §
205-4E(4)(a) is waived for that site.
(4)
The bottom of the WWTP leaching facility shall be located a
minimum of 10 feet above the elevation of bedrock or impervious soil
layer. "Impervious soil" is defined as having as percolation rate
of greater than 20 minutes per inch.
(5)
A depth of at least five feet of naturally occurring permeable
soil shall be maintained below the bottom of the leaching area. "Permeable
soil" is defined as having a percolation rate of 20 minutes per inch
or less.
(6)
A distribution valve or equivalent device shall be used to allow
direction of effluent to specific zones of the leaching facility as
part of normal operations.
G. Effluent testing. The effluent resulting after enhanced secondary
treatment of the wastewater shall be tested for the parameters listed
in Table 1:
(1)
Monthly for the first three months of initial occupancy and
then every six months.
(2)
Testing shall be performed by a MEPA certified analysis laboratory.
Table 1
Maximum Allowable Parameter Limits
Effluent and Monitoring Well Samples
|
---|
Parameter
|
Units
|
Limita
|
---|
Field parameters
|
|
|
Temperature
|
Degrees C
|
NSb
|
Specific conductivity
|
mS/cmc
|
NS
|
Dissolved oxygen
|
mg/L
|
NS
|
pH
|
units
|
6.5-8.5
|
Biological oxygen demand
|
mg/L
|
30
|
Inorganics
|
|
|
Alkalinity as CaCO3
|
mg/L
|
NS
|
Chloride
|
mg/L
|
250d
|
Total cyanide
|
mg/L
|
0.2e
|
Nitrate as nitrogen
|
mg/L
|
10
|
Sulfate
|
mg/L
|
250d
|
Total dissolved solids
|
mg/L
|
500d
|
Dissolved metals
|
|
|
Arsenic
|
mg/L
|
0.01
|
Cadmium
|
mg/L
|
0.005
|
Calcium
|
mg/L
|
NS
|
Chromium
|
mg/L
|
0.1
|
Copper
|
mg/L
|
1.3
|
Iron
|
mg/L
|
0.3d
|
Lead
|
mg/L
|
0.015
|
Manganese
|
mg/L
|
0.05d
|
Mercury
|
mg/L
|
0.002
|
Sodium
|
mg/L
|
20d
|
Zinc
|
mg/L
|
5d
|
Microbial
|
|
|
Total coliforms
|
cfu/100mLf
|
200g, 0h
|
Fecal coliforms1
|
cfu/100mL
|
200g,0h
|
NOTES:
|
a
|
From Drinking Water Standards & Guidelines for Chemicals
in Massachusetts Drinking Water, 2017 and DEP Guidelines for Small
Wastewater Treatment Plants, 2018.
|
b
|
No standard.
|
c
|
mS/cn = milliSiemens/centimeter.
|
d
|
SMCL = secondary maximum contaminant level concentration.
|
e
|
MMCL = standard for free cyanide.
|
f
|
cfu = colony forming units.
|
g
|
Effuent.
|
h
|
Monitoring wells.
|
i
|
No testing required if TC = 0.
|
H. System inspection. A Title 5 inspection shall be carried out on the
WWTP every three years and the results from said inspection sent to
the BOH within 30 days of the inspection (310 CMR 15.301).
I. WWTP discharging from 5,000 to 9,999 gpd.
(1)
WWTPs discharging from 5,000 to 9,999 gpd shall install groundwater
monitoring wells based on the hydrogeological evaluation as follows:
(a)
One up-gradient cluster of two monitoring wells.
(b)
Two down-gradient clusters of two monitoring wells.
(c)
One monitoring well for groundwater level near the center of
the leaching/dispersal field.
(2)
Each monitoring well cluster shall contain one well screened
in shallow overburden across the water table, and one well screened
in a deep portion of the overburden.
(3)
Screen depths for the cluster wells shall be set at elevations
such that at least one of the wells will yield samples at the time
of seasonal low groundwater (e.g., September).
(4)
The number of wells may be changed based on the results from
mounding and the hydrogeological studies.
(5)
The location of the ground water monitoring wells shall be approved
by the BOH prior to installation.
(6)
Ground water monitoring wells shall be installed according to
DEP requirements (e.g., Standard References for Monitoring Wells (WSC-310-91),
and DEP DRMR Supplement, January 1999).
(7)
The parameters listed in Table 1 will be measured on samples
withdrawn from the up-gradient and two down-gradient wells. The BOH
reserves the right to require additional testing if deemed necessary
for parameters such as VOCs (volatile organic compounds), SOCs (synthetic
organic compounds), and other parameters as detailed in 310 CMR 22.00,
the Massachusetts Drinking Water Regulations.
(a)
Testing shall be performed by a MEPA certified analysis laboratory.
(b)
Testing of all parameters shall be carried out according to
the following schedule: one, six, and 12 months after the WWTP becomes
operational; thereafter, every April and September (twice annually).
(c)
The BOH may require additional testing if it concludes that
any parameter indicates a potential problem with the WWTP.
The owner of the WWTP or the owner's designated representative
as identified to the BOH shall be responsible for submitting all analysis
and inspection reports to the BOH within 30 days of the analysis or
investigation. Any disruption or damage to the system will be reported
immediately to the BOH or, if outside of normal working hours, to
the Boxford Communications Department, 978-887-8136, or, in the event
of an emergency, 911. The owner shall maintain a record of all analyses,
inspections, and any disruptions of the WWRP in a readily accessible
location, and make such record available to the BOH upon request.
Any proposed modification or changes to the approved operations
and monitoring of the WWTP shall be made in writing to the BOH by
the owner of the WWTP or the owner's designated representative. No
changes shall be made until the BOH has reviewed and approved the
proposed changes. The BOH may request a presentation from the owner
or owner's representative about the proposed changes at a scheduled
meeting of the Board. The BOH reserves the right to modify or disapprove
any proposed changes.
A one-time fee of $1,000 is due at the time an application is
received for a new WWTP.
Any applicant who shall violate any provisions of this regulation
for which a penalty is not otherwise provided shall, upon conviction,
be fined not less than $100 nor more than $500 per violation. Each
separate incident of failing to comply with this regulation shall
constitute a separate violation. Each day the incident continues shall
constitute a separate violation.
So far as the BOH may provide, each section of these rules and
regulations shall be construed as separate to the end that if any
section, item, sentence, clause or phrase shall be held invalid for
any reason, the remainder of these rules and regulations shall continue
in full force and effect.
Any applicant to whom an order has been served pursuant to this
regulation may request a hearing before the BOH by filing a written
petition within seven days. Upon receipt of such petition, the BOH
shall schedule a hearing within 30 days. Anyone aggrieved by the decision
of the BOH may seek relief therefrom within 60 days in a court of
competent jurisdiction.