[Adopted as Regulation 2-94; amended in its
entirety 12-15-2021]
A.
Dwellings within Boxford rely on private wells and subsurface disposal
of sanitary sewage on individual lots. In addition, several small
public water supply systems provide potable water to public and commercial
buildings and high-density housing developments, which are also serviced
by subsurface sewage disposal systems. The aquifers for these wells
are primarily groundwater bedrock fissures and soil overburden. Such
aquifers are recharged from rainfall, surface waters and from wetlands.
B.
Further, under Article 12 of the General Bylaws for the Town of Boxford
as amended,[1] established under Home Rule, the Conservation Commission of the Town of Boxford has promulgated regulations that determine that failure to enforce the requirements set forth in § 201-9C(1), (2), (3) and (4) of these regulations will have significant or cumulative detrimental effect upon wetland values, including public and private water supply, groundwater, flood control, prevention of erosion, sedimentation control, storm damage prevention, prevention of water pollution, protection of fisheries and wildlife habitat, recreation and aesthetics.
C.
For these reasons, and acting under the authority of MGL c. 111,
§ 31, as amended, and with reference to MGL c. 40, § 54,
and in the interest of and for the protection of public health, the
Boxford Board of Health has established and adopted the following
regulations, which supplement Massachusetts 310 CMR 15.00 and Boxford
Health Regulation 1-94,[2] for the protection of private wells and small public water
supplies as sources of potable water in the Town of Boxford.
D.
Regulation of retaining walls evolved from concerns over long-term
hydrogeologic and structural impacts of retaining walls for leaching
facilities in steep slope areas. The specific concerns are:
(1)
The potential for groundwater mounding behind a retaining wall that
is footed within the water table resulting in reduced vertical separation
between a soil absorption system and the groundwater table; and
(2)
The increased risk of retaining wall failure due to buildup of water
pressure behind such retaining walls.
As used in this regulation, the following terms shall have the
meanings indicated:
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.
A cesspool is a pit with open-jointed linings or holes in
the bottom and/or sidewalls into which raw sewage is discharged, the
liquid portion of the sewage being disposed of by seeping or leaching
into the surrounding soils, and the solids or sludge being retained
in the pit. Cesspools are nonconforming systems. (MGL 310 CMR 15.002)
As defined in 310 CMR 15 as amended.
An area of land in one ownership, with definite boundaries.
As defined in 310 CMR 15, as amended.
An individual sewage disposal system or on-site subsurface
sewage disposal system as defined in 310 CMR 15, as amended.
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.[1]
A.
Private wells and public water supplies.
(1)
The leaching field or subsurface absorption system of a subsurface
sanitary sewage disposal system shall be set back 100 feet from a
private well used as a potable water supply where the percolation
rate is equal to or greater than five minutes per inch (310 CMR 15.211).
(2)
The leaching facility or subsurface absorption system in those cases
where the percolation rate is less than five minutes per inch shall
be installed at least 150 feet from a private well used as a potable
water supply.
B.
Depth to groundwater.
(1)
The minimum vertical separation between the bottom of the stone underlying
the leaching field or subsurface absorption system shall be four feet
in soils with a recorded percolation rate equal to or more than two
minutes per inch.
(2)
The minimum vertical separation between the bottom of the stone underlying
the leaching field or subsurface absorption system shall be five feet
in soils with a recorded percolation rate of less than two minutes
per inch.
C.
Wetlands.
(1)
No component of a subsurface sanitary sewage disposal system may
be located within 50 feet of a wetland resource area.
(2)
The leaching facility or soil absorption system of a subsurface sanitary
sewage disposal system shall be set back 100 feet from any wetland
resource area.
(3)
No leaching facility in those cases where the percolation rate is
less than five minutes per inch shall be installed within 150 feet
of a wetland resource area.
D.
Requirement for alternative systems. In those cases where the leaching
facility must be installed less than 100 feet from a well used as
a potable water supply, or less than 100 feet from a wetland resource
area, or less than four feet above the high groundwater level if the
percolation rate is equal to or more than two minutes per inch, or
less than five feet above the high groundwater level if the percolation
rate is less than two minutes per inch, then an alternative system
approved by the DEP that reduces nitrogenous compounds shall be installed
as part of the sewage disposal system [310 CMR 15.282(4)].
E.
Great ponds. Setbacks and additional requirements for septic systems from great ponds (Bald Plate, Chadwick, Four-Mile, Hovey's, Johnson's, Sperry, Spofford, Stevens, and Stiles Ponds located completely in Boxford or those portions bordering on Boxford) are detailed in Chapter 201, Article VI, of the Boxford Town Code.
Garbage grinders are not recommended. In order to accommodate
potential retrofit of garbage grinders, all new and upgraded subsurface
sanitary sewage disposal systems shall be designed for garbage grinders
by increasing the daily flow by 50%. If a grinder is not to be installed,
a variance must be requested. If the variance is granted, a deed restriction
must be placed on the residence stating that a garbage grinder is
not allowed.
The use of a subsurface sewage disposal system by more than
one lot is prohibited.
There shall be no reserve area between trenches.
A.
Before any impervious barrier is approved, the design engineer must
demonstrate that the lot meets Title V slope requirements for construction
in fill for both the primary and reserve soil absorption systems.
If the slope requirements cannot be met, then a concrete retaining
wall will not be allowed.
B.
When a concrete retaining wall is proposed for new construction,
both the primary and reserve areas must be fully designed, and no
part of the construction of the primary system including the retaining
wall shall interfere with the future use of the reserve area soil
absorption system (SAS).
C.
The bottom elevation of the footing of a concrete retaining wall
must be at least one foot above the estimated high groundwater table
as tested in the area where the footing will be placed.
D.
When a concrete retaining wall is used, the orientation of the soil
absorption system piping will be parallel to the retaining wall.
E.
The horizontal distance from the toe of the slope on the downgradient
side of a concrete retaining wall from a lot line shall be a minimum
of five feet.
F.
Any approval of a septic system with a concrete retaining wall shall
be contingent upon no disturbance of soil within 200 feet of the proposed
system. If the soils are disturbed by cuts or fills within a 200-foot
radius of the system, then the groundwater elevation and surface water
drainage must be reevaluated prior to issuance of a disposal works
construction permit.
The design flow for a single unit of housing for the elderly
will be 150 gallons per day for any unit with two bedrooms or fewer
and a total of five rooms or less. A larger elderly housing unit will
have the design flow calculated in the same manner as a single-family
dwelling.
A.
No increase in design flow or square footage of a building served
by a cesspool is allowed.
B.
New construction of cesspools is prohibited.
C.
Any inspection required for determining the condition of a septic
system, such as a Title 5 Inspection, or any inspection required because
of a failed septic system, shall include determination of whether
a cesspool exists on the property under inspection whether or not
the cesspool is the cause of the inspection or failure. The location
of the cesspool shall be noted and become part of any report to the
Board of Health.
D.
In the case where a septic system is in failure, the disposal system construction permit allowing repair of the system shall include the requirement that any cesspool on the property shall be closed as described in § 201-12H of this regulation whether or not the cesspool is part of the failed septic system on the property.
E.
In the case where application is made to change or increase flow to an existing septic system, the Disposal System Construction Permit allowing repair of the system shall include the requirement that any cesspool on the property shall be identified and closed as described in § 201-12H of this regulation.
F.
Any addition or change of use to a structure not requiring an increase in flow to the septic system but requiring a building permit and/or occupancy permit shall have an inspection by a qualified Title 5 inspector that shall locate and report to the Board of Health all septic system(s) and any cesspools serving the structure [MGL 310 CMR 15.301(5)]. The approval of any proposed addition or change of use to the structure by the Board of Health shall require that any cesspool on the property be closed as described in § 201-12H of this regulation.
G.
Any new well proposed on a property where a cesspool exists shall be located a minimum of 200 feet from cesspool unless the cesspool is abandoned and closed as described in § 201-12H of this regulation.
H.
A cesspool shall be closed by 1) obtaining a disposal system construction
permit from the Board of Health, 2) disconnecting all input lines,
3) pumping the cesspool empty of all liquid and solid materials by
a licensed septage hauler, and 4) filling the cesspool with sand or
other material approved by the Board of Health.
