[HISTORY: Adopted by the Board of Health
of the Town of Westminster 5-15-2019 by Board of Health.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Wells — See Ch. 200.
Zoning — See Ch. 205.
Subdivision of land — See Ch. 231.
Toxic and hazardous wastes — See Ch. 251.
[1]
Editor's Note: This enactment superseded former Ch. 255, Wells,
Private and Semipublic, adopted 11-24-1997, as amended.
The purpose of this regulation is
to provide for the protection of the public health, safety, welfare
and the environment by, among other things, requiring the proper siting,
construction and testing of private wells.
These regulations are adopted by
the Westminster Board of Health, pursuant to its authority under MGL
c. 111, § 31. These regulations supersede all previous regulations
for private wells adopted by the Board of Health.
As used in this chapter, the following
terms shall have the meanings indicated:
Any person designated and authorized by the Board to implement,
in whole or part, these regulations. To the extent provided by the
Board, 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 applies to have a private well constructed.
A water-bearing geologic formation, group of formations,
or part of a formation that contains sufficient saturated permeable
material to yield significant quantities of water to wells and springs.
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 of Westminster, Massachusetts, or its
authorized agent.
A person who charges a fee for digging or drilling a well,
or a person who advertises for hire to dig or drill wells within the
Commonwealth of Massachusetts.
Impervious durable pipe placed in a boring to prevent the
walls from caving and to serve as a vertical conduit for water in
a well.
A laboratory certified by the Department of Environmental
Protection for the analysis of drinking water and required water quality
analytes. Provisional certification is acceptable.
Any person certified with the Department of Environmental
Protection Well Driller Program to dig or drill wells in the Commonwealth
of Massachusetts and is licensed by the Board.
A mixture consisting of portland cement (ASTM Standard C150,
Type I, or API Standard 10, 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. One
part cement, two parts sand, and three parts gravel are commonly used
with up to six gallons of water.
Well used for the sole purpose of watering or irrigation.
The well shall not be connected at any time to a dwelling or a building
unless it meets the requirements of a private drinking water well
and has the Board's written approval.
A mixture consisting of one bag (94 pounds) of portland cement
(ASTM Standard C 150, 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 setting time.
An individual, corporation, company, association, trust,
or partnership.
Any dug, driven, or drilled hole, with a depth greater than
its largest surface diameter, constructed or used to supply water
for human consumption that is not regulated by 310 CMR 22.00.
A procedure used to determine the characteristics of a well
and adjacent aquifer by installing and operating a pump.
A mixture consisting of portland cement (ASTM Standard C150,
Type I, or API Standard 10, Class A), sand, and water in the proportion
of one part cement to three or four parts sand, by volume, and not
more than six gallons of water per bag (94 pounds) of cement. Up to
5%, by weight of bentonite (API Standard 13A) shall be added to reduce
shrinkage.
The level of water in a well under nonpumping conditions.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, framework, retaining
wall, fence, or the like.
A.
A Massachusetts certified well driller
shall obtain a permit from the Board of Health prior to the commencement
of construction of a private well on a form furnished by the Board.
The Board shall deny a well construction permit to any driller who
has not met all the requirements of this regulation or state regulations.
B.
Each permit application to construct a
well shall include the following:
(1)
The property owner's name and address.
(2)
The well driller's name and proof of valid
Massachusetts certification.
(3)
A plan with a specified scale, signed by
a registered surveyor or engineer, showing the location of the proposed
well in relation to existing or proposed above- or below-ground structures.
(4)
A description of prior and current land
uses within 200 feet of the proposed well location, which represent
a potential source of contamination, including but not limited to
the following:
(5)
Proof that the owner of any property abutting
the applicant's property has been notified of the applicant's intention
to install a well.
C.
The permit shall be on site at all times
that work is taking place. Each permit shall expire one year from
the date of issuance unless revoked for cause or extended. Permits
may be extended for one additional six-month period, provided that
a written explanation for the request is received by the Board prior
to the one year expiration date.
D.
The location of the well on the lot must
be staked prior to its installation and the staked location approved
by the Health Agent.
F.
Well construction permits are not transferable.
A.
The issuance of a water supply certificate
by the Board shall certify that the private well may be used as a
drinking water supply. A water supply certificate must be issued for
the use of a private well prior to the issuance of an occupancy permit
for an existing structure or prior to the issuance of a building permit
for new construction which is to be served by the well.
B.
C.
Upon the receipt and review of the above
documents, the Board shall make a final decision on the application
for a water supply certificate. A final decision shall be in writing
and shall comprise one of the following actions:
(1)
Issue a water supply certificate.
(2)
Deny the applicant a water supply certificate
and specify the reasons for the denial.
(3)
Issue a conditional water supply certificate
with those conditions which the Board deems necessary to ensure fitness,
purity and quantity of the water derived from that private well. These
conditions may include, but not be limited to, requiring treatment
and/or additional testing of the water.
D.
The issuance of a private well certificate
shall not be construed as a guarantee that the water supply system
will function satisfactorily.
A.
In locating a well, the applicant shall
identify on a plan all potential sources of contamination which exist
or are proposed within 200 feet of the site. When possible, the well
shall be located upgradient of all potential sources of contamination
and shall be as far away from potential sources of contamination as
possible, given the layout of the property.
B.
No well shall be permitted for use as a
potable water source unless it meets the following setback requirements:
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15 feet from the property line
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25 feet from public or private roadway
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15 feet from right-of-way
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50 feet from building sewer line
or septic tank
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100 feet from leaching field or drywell
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100 feet from stable, barnyard, or
manure storage
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15 feet from power line or overhead
distribution line
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100 feet from any surface water,
including but not limited to wetlands
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C.
The Board reserves the right to impose
minimum setback requirements from other potential sources of contamination
not listed above. All such additional setback requirements shall be
listed, in writing, as a condition of the well construction permit.
D.
Each private well shall be located so that
it is accessible for repair, maintenance, testing, and inspection.
The well shall be completed in a water-bearing formation that will
produce the required volume of water under normal operating conditions.
E.
Water supply lines shall be installed at
least 10 feet from and 18 inches above any sewer line. Whenever water
supply lines must cross sewer lines, both lines shall be constructed
of Class 150 pressure pipe and shall be pressure tested to assure
watertightness.
F.
No private well, or its associated distribution
system, shall be connected to either the distribution system of a
public water supply system or any type of waste distribution system.
A.
The applicant shall submit to the Board
for review and approval a pumping test report. The pumping test report
shall include at a minimum: the name and address of the well owner,
well location referenced to at least two permanent structures or landmarks
as well as GPS coordinates in the decimal degree format, date the
pumping test was performed, depth at which the pump was set for the
test, location for the discharge line, static water level immediately
before pumping commenced, discharge rate and, if applicable, the time
the discharge rate changed, pumping water levels and respective times
after pumping commenced, maximum drawdown during the test, duration
of the test, including both the pumping time and the recovery time
during which measurements were taken, recovery water levels and respective
times after cessation of pumping, and reference point used for all
measurements.
B.
In order to demonstrate that the well capacity
can provide the required volume of water, a pumping test shall be
conducted in the following manner:
(1)
The requirement is a minimum of five gallons
per minute yield from wells. This needs to be demonstrated by pumping
a minimum of five gallons per minute over four hours. The pumping
test from the well completion report and this test will be compared
to verify that the requirement has been met. The pumping test needs
to be witnessed at least in part (beginning and end) by a member of
the Board of Health. It shall include a cumulative reading flowmeter
with which a starting point in gallons and an ending point in gallons
can be recorded. The rate will be established by subtracting the beginning
number from the ending number divided by the time period in minutes,
the minimum time to be 240 minutes.
A.
After the construction of the well has
been completed and disinfected, and prior to using it as a private
drinking water well, baseline water quality testing shall be conducted.
B.
A water sample shall be collected either
after purging three well volumes or following the stabilization of
the pH, temperature and specific conductance in the pumped well. The
water sample to be tested shall be collected at the pump discharge
or from a disinfected tap in the pump discharge line. In no event
shall a water treatment device be installed prior to sampling.
C.
Water quality testing, utilizing the applicable
US EPA approved method for drinking water testing, shall be conducted
by a Massachusetts certified laboratory and shall include analysis
for the following parameters:
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Alkalinity
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Calcium
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Color
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Chlorine
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Magnesium
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Arsenic
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Chloride
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Copper
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Fluoride
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Hardness
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Iron
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Lead
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Manganese
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pH
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Sodium
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Total coliform bacteria
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E. coli bacteria
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Nitrate
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Nitrogen nitrite
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Nitrogen ammonia
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Odor
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Potassium
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Sediment
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Sulfate
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TDS
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Turbidity
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D.
In wells drilled into bedrock, the Board
of Health requires that in addition to the parameters listed above,
a gross alpha screen and radon test be performed. If the gross alpha
screen detects radiation of 15 pci/l or more, then the water must
be analyzed for radium and uranium concentrations.
E.
The owner of every well used for drinking
water, including those serving a property which is rented or leased,
shall have its water tested at a Massachusetts certified laboratory
for the following chemical and bacteriological parameters at a minimum
of once a year: total coliform bacteria, E. coli bacteria, nitrate,
nitrite, pH, conductivity, sodium, and iron. All other required chemical
parameters should be tested at a minimum of every 10 years. The Board
of Health may require more frequent testing, or testing for additional
parameters, where other water quality problems are known or suspected
to exist.
F.
The owner of a rental property shall make
results of all water quality tests available to all tenants of the
property and the Board of Health. In cases where the well water does
not meet the water quality standards outlined above, the Board of
Health may require the property owner to provide an alternative approved
source of drinking water for the tenants.
G.
Prior to selling, conveying, or transferring
title to real property, the owner shall have tested the water of every
private drinking water well serving that property. A water sample
from each well shall be submitted to a Massachusetts certified laboratory
for testing for the parameters listed in the water quality section
of this document. This water quality testing shall have been performed
not more than one year prior to transfer of the property. Results
of the water quality testing shall be submitted to the Board of Health
prior to property transfer.
H.
In addition, the owner shall give copies
of all available water quality test results of which he/she has knowledge
(regardless of age of results) for the private well in question to
any buyer and/or broker involved in the transfer. In the event that
there is no buyer at the time the water is tested, a copy of all water
test results must be given by the owner to the buyer before the property
is put under agreement.
I.
For irrigation wells, the Board requires
annual testing for E. coli bacteria and nitrate/nitrite, as accidental
consumption could result in acute exposure.
J.
The Board reserves the right to require
retesting of the above parameters, or testing for additional parameters
when, in the opinion of the Board, it is necessary due to local conditions
or for the protection of public health, safety, welfare and the environment.
All costs and laboratory arrangements for the water testing are the
responsibility of the applicant.
K.
Following a receipt of the water quality
test results, the well owner shall submit a water quality report to
the Board, which includes:
L.
This regulation requires that private drinking
water wells meet all current Massachusetts Primary and Secondary Drinking
Water Standards and Guidelines adopted by the MassDEP Office of Research
and Standards (ORS). In any case where a private drinking water well
does not meet such standards or guidelines, as it deems necessary
for the protection of public health, safety or welfare, the Board
may take action, including, but not limited to, requiring the property
owner to provide an alternative source of drinking water.
M.
All water samples taken for water tests
need to be witnessed and sealed by a member of the Board.
Pursuant to 310 CMR 46.02(1), no
person in the business of digging or drilling shall construct a well
unless certified by the MassDEP Well Drillers Program.
Westminster Board of Health does
not allow dug wells, as these types of wells are shallow, making them
especially susceptible to contamination and seasonally fluctuating
water tables.
Any work involving the connection
of the private well to the distribution system of the residence must
conform to the local plumbing code. All electrical connections between
the well and the pump controls and all piping between the well and
the storage and/or pressure tank in the house must be made by a pump
installer or certified well driller, including the installation of
the pump and appurtenance(s) in the well or house.
A physical connection is not permitted
between a water supply which satisfies the requirements of these regulations
and another water supply that does not meet the requirements of these
regulations without prior approval of the Board.
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NOTE:
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It is prohibited by 310 CMR 22.22(2)(j)
to have a cross-connection between a public water system and a private
well used for either drinking water or irrigation purposes.
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A.
General well design and construction.
(1)
All private wells shall be designed and
constructed such that:
(a)
The materials used for the permanent
construction are durable in the specific hydrogeologic environment
that occurs at the well site.
(b)
No unsealed opening is be left around
the well that could conduct surface water or contaminated groundwater
vertically to the intake portion of the well or transfer water from
one formation to another.
(2)
Permanent construction materials shall
not leach or contribute toxic substances, taste, odors, or bacterial
contamination to the water in the well.
(3)
The driller shall operate all equipment
according to generally accepted standards in the industry and shall
take appropriate precautions to prevent damage, injury or other loss
to persons and property at the drilling site.
(4)
Well construction design shall ensure that
surface water does not enter the well through the opening or by seepage
through the ground surface. Construction site waste and materials
shall be disposed of in such a way as to avoid contamination of the
well, any surface water or the aquifer.
(5)
During any time that the well is unattended,
the contractor shall secure the well in a way as to prevent either
tampering with the well and/or the introduction of foreign material
into the well.
(6)
All water used for drilling, well development,
or to mix a drilling fluid shall be obtained from a source which will
not result in contamination of the well or the water-bearing zones
penetrated by the well. Water from wetlands, swamps, ponds and other
similar surface features shall not be used.
(7)
Water shall be conveyed in clear sanitary
containers or water lines and shall be chlorinated to an initial concentration
between 50 mg/l and 100 mg/l. All drilling equipment, including pumps
and downhole tools, shall be cleaned and disinfected prior to drilling
each new well or test hole.
(8)
All drilling fluids shall be nontoxic.
Drilling fluid additives shall be stored in clean containers and shall
be free of material that may adversely affect the well, the aquifer,
or the quality of the water to be pumped from the well. Surfactants
shall be biodegradable. The use of biodegradable organic polymers
shall, when possible, be avoided.
(9)
All wells, including those that have been
hydrofractured, shall be developed in order to remove fine materials
introduced into the pore spaces or fractures during construction.
One or more of the following methods shall be used for development:
overpumping, backwashing, surging, jetting, airlift pumping.
(10)
The completed well shall be sufficiently
straight so that there will be no interference with installation,
alignment, operation or future removal of the permanent well pump.
B.
Well casing.
(1)
Private water supply wells shall be constructed
using either steel or thermoplastic well casing. The casing shall
be of adequate strength and durability to withstand anticipated formation
and hydrostatic pressures, the forces imposed on it during installation,
and the corrosive effects of the local hydrogeologic environment.
(2)
All casing used in the construction of
private wells shall be free of pits, breaks, gouges, deep scratches
and other defects. If previously used casing is installed, it shall
be decontaminated and disinfected prior to installation.
(3)
Installation of water well casing shall
be done in a manner that does not alter the shape, size, or strength
of the casing and does not damage any of the joints or couplings connecting
sections of the casing. A standard drive shoe shall be used when casing
is installed. The drive shoe shall be either welded or threaded to
the lower end of the string of casing and shall have a beveled metal
cutting edge forged, cast, or fabricated for this specific purpose.
(4)
Upon completion of the installation procedure,
the entire length of the casing above the intake shall be watertight.
(5)
Well casing terminating above grade shall
extend at least 18 inches above the predetermined ground surface at
the wellhead except when the well is located in a floodplain. When
a well is located in a floodplain, the well casing shall extend at
least two feet above the level of the highest recorded flood. The
top of the well casing shall be reasonably smooth and level.
C.
Well screen. A well screen is required
for all drilled wells that are completed in unconsolidated formations.
All well screens shall be of Grade 304 stainless steel. Wells completed
in bedrock do not require a screen unless the bedrock formation is
brittle in nature or has a potential for collapse. 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 well efficiency
and yield.
D.
Grouting and sealing.
(1)
Private wells drilled in bedrock shall
be grouted from the ground surface or to the bottom of the pitless
adaptor (if present) to 15 feet into competent bedrock. Neat cement
grout, sand cement grount, or Bentonite grout shall be used. It shall
have a permeability of at least 1 x 10-7 and be emplaced using standard grouting techniques as described
in the MassDEP Private Well Guidelines, as amended.
(2)
All wells completed with the casing extending
above grade shall have a surface seal designed to eliminate the possibility
of surface water flowing down the annular space between the well casing
and the surrounding backfilled materials. The surface seal shall extend
to a depth below the local frost line.
E.
Wellhead completion.
(1)
All wells shall be equipped with a sanitary
seal or watertight cap designed to prevent surface water and foreign
matter from entering the well.
(2)
All wells except flowing artesian and dug
wells shall be vented. The opening of the vent pipe shall be covered
with a 24 mesh corrosion-resistant screen and shall be large enough
to prevent water from being drawn into the well through electrical
conduits or leaks in the seal around the pump when the pump is turned
on. The vent pipe shall terminate in a downward position at or above
the top of the casing.
(3)
All connections to a well casing made below
ground shall be protected by either a pitless adapter or a pitless
unit that complies with the most recent revision of National Sanitation
Foundation Standard Number 56, entitled "Pitless Well Adapters."
(4)
Above-grade connections into the top or
side of a well casing shall be at least 18 inches above the established
ground surface or two feet above the level of the highest known flood,
whichever is higher. Above-grade connections shall be sealed so that
they are watertight.
(5)
The ground immediately surrounding the
well casing shall be sloped downward and away from the well in all
directions to eliminate the possibility of surface water ponding.
F.
Disinfection.
(1)
Upon completion of well construction, the
well driller shall disinfect the well. If a pump is to be installed
immediately upon completion of the well, the pump installer shall
disinfect the well and the pumping equipment after the pump has been
installed.
(2)
If the pump is not installed upon completion
of the well, the pump installer shall, upon installation, disinfect
the well and the pumping equipment. The pump installer shall also
disinfect the entire water supply system immediately after any maintenance
or repair work is done on the pump.
(3)
When a well is disinfected, the initial
chlorine concentration shall be 100 mg/l throughout the entire water
column.
(4)
For newly constructed or altered wells
in which the pump is not immediately installed, the chlorine concentration
used to disinfect the well shall be 100 mg/l. Upon installation of
the pump, the well, the pumping equipment, and the distribution system,
if connected, shall be disinfected with a chlorine concentration of
100 mg/l.
(5)
The disinfectant solution shall remain undisturbed in the well for a minimum of two hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a Massachusetts certified laboratory. For new wells, the sample shall be tested pursuant to § 255-6 of these regulations.
(6)
Only certified well drillers are authorized
to physically alter or repair a well. For wells that have undergone
repair, a sample shall be tested for total coliform bacteria and any
other parameters deemed appropriate by the Board, prior to being put
back in use.
A.
Abandoned wells, test holes, and borings
shall be decommissioned so as to prevent the well, including the annular
space outside the casing, from being a channel allowing the vertical
movement of water.
B.
The owner of a private well shall decommission
the well if any of the following criteria are met:
(1)
Construction of the well is terminated
prior to completion of the well.
(2)
The well owner notifies the Board that
the use of the well is to be permanently discontinued.
(3)
The well has been out of service for at
least three years.
(4)
The well is a potential hazard to public
health or safety and the situation cannot be corrected.
(5)
The well is in such a state of disrepair
that its continued use is impractical or unsafe.
(6)
The well has the potential for transmitting
contaminants from the land surface into an aquifer or from one aquifer
to another and the situation cannot be corrected.
C.
The property owner shall ensure that that
all abandoned wells and test holes or borings associated with the
well installation are properly plugged before work at the site is
completed. Only certified well drillers may plug abandoned wells,
test holes, and borings.
D.
Abandoned overburden wells or borings shall
be completely filled with a low-permeability grout, which cures with
a final permeability of less than 1x10-7 cm/sec. Wells shall be plugged with neat cement grout, sand cement
grout, concrete, or bentonite grout.
E.
Regardless of the type used, the grout
used for plugging shall:
(1)
Be sufficiently fluid so that it can be
applied through a tremie pipe from the bottom of the well upward.
(2)
Remain as a homogeneous fluid when applied
to the subsurface rather than disaggregating by gravity into a two-phase
substance.
(3)
Be resistant to chemical or physical deterioration.
(4)
Not leach chemicals, either organic or
inorganic, that will affect the quality of the groundwater where it
is applied.
F.
The plugging materials shall be introduced
at the bottom of the well or boring and placed progressively upward
to a level approximately four feet below the ground surface. Sealing
materials shall not be poured from the land surface into the well,
borehole, or annular space being sealed.
G.
The well driller shall install a surface
seal after the well or boring has been plugged. Before the surface
seal is placed, casing remaining in the hole shall be cut off. The
remaining four feet at the top of the well or boring shall then be
filled with concrete. The top of the seal shall comprise a concrete
slab above the top of the plugged well or boring. This concrete slab
shall be at least six inches thick and shall be at least two feet
greater in diameter than the well casing or borehole wall.
A.
The Board has authority to investigate
suspected or known violations of these regulations and/or violations
of any water supply certificate conditions. 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 this regulation.
B.
If any investigation reveals a violation
of these regulations or the water supply certificate conditions, the
Board may order the private well owner to comply with the violated
provision(s), and/or 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 civic
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 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.
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 day the order was served a written request
for a hearing. 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.
B.
Every notice, order, or other record prepared
by the Board in connection with the hearing shall be entered as a
matter of public record in the office of the Clerk of the city or
town, or in the office of the Board.
C.
If a request for a hearing is not filed
with the Board within seven days after the day an order has been served,
or, if after a hearing, the order has been sustained in whole or any
part, each day's failure to comply with the order as issued or sustained
shall constitute a separate violation.
Any person aggrieved by the final
order, variance, well construction permit, or certificate of water
supply determination of the Board may appeal to any court of competent
jurisdiction as provided by the laws of the commonwealth.
Any person who violates any provision
of these regulations, or who fails to comply with any final order
of the Board, for which a penalty is not otherwise provided in any
of the Massachusetts General Laws, shall upon conviction be fined
not less than $10 nor more than $500. Each day's failure to comply
with a final order or any provision of this regulation shall constitute
a separate violation.
A.
The Board may grant a variance to any provision
of this regulation 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 strict application
of the particular provision(s) sought to be varied.
B.
Every request for a variance shall be in
writing shall state the specific provision of this regulation from
which 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 submission of the application
to the Board, the applicant shall provide notice of their intent to
the request a variance as follows: a) by certified mail, return receipt
requested, to all abutters 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 will be
or is located. The notice shall include at a minimum: the name and
address of the applicant, 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 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 § 255-11 of these regulations.
If any provision of these regulations
or the application thereof 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.
Any part of these regulations subsequently invalidated by a new state
law or modification of an existing state law shall automatically be
brought into conformity with the new or amended law and shall be deemed
to be effective immediately, without recourse to a public hearing
and the customary procedures for amendment or repeal of such regulation.
These regulations were adopted by
vote of the Westminster, Massachusetts Board of Health, at their regularly
scheduled meeting held on May 15, 2019, and are to be in full force
and effect on and after June 1, 2019. Before said date, these regulations
shall be published and a copy placed on file in the Board of Health
offices and filed with the Department of Environmental Protection,
Division of Wastewater Management, in Boston. These regulations or
any portions thereof may be amended, supplemented or repealed from
time to time by the Board, as provided by law and applicable regulations.
The issuance of a well permit shall
not be construed as a guarantee or certification by the Board or its
agents that the water system will function satisfactorily or that
the water supply will be of sufficient quality or quantity for its
intended use.
