[1]
Editor’s Note: The original section and subsection designations
within this article were removed with the permission of the Town Clerk
in order to maintain the organizational style of the Code. The regulations
in this article also superseded former Art. II, Subsurface Sewage
Disposal, adopted effective 5-28-2019.
These regulations are adopted pursuant to MGL c. 111, §§ 31
and 27, and shall be interpreted so as to be consistent with the provisions
of Title 5 of the State Environmental Code, 310 CMR 15.00, as amended
. Where these regulations are silent, the provisions of the current
Title 5 regulations shall apply. Where there are discrepancies between
these regulations and 310 CMR 15.00, the stricter of the two shall
apply.
The Townsend Board of Health regulations for subsurface sewage
disposal dated April 26, 2016, are hereby repealed. The regulations
herein shall be in effect June 1, 2023.
If any part of these regulations shall be judged invalid for
any reason, that decision shall not affect any other portion of these
regulations, which shall remain in full force and effect.
All terms used in these regulations conform to the definitions
set forth in 310 CMR 15.01,[1] with the following modifications:
The Nashoba Associated Boards of Health (hereinafter call
"Nashoba") serving as the agent for the Board of Health in matters
including those pertaining to the implementation and enforcement of
the provisions of 310 CMR 15.
Water-bearing geologic formation that contains water in sufficient
quantities to supply a well.
Area around the aquifer that supplies a recharge of water
to the aquifer.
A drawing as described in § 160-26 of these regulations, prepared, signed and stamped by a registered sanitarian or a registered professional engineer showing the system and its related structures as actually constructed.
The Board of Health of the Town of Townsend.
Pipe that begins at the foundation wall, carrying effluent
to the subsurface sewage disposal system.
The date on which the Board and Nashoba receive a completed
application with two copies of the plan; or if the Board and Nashoba
receive a completed application and plan on separate dates, the latter
of those dates will be used.
An open pit dug to permit the examination of soil characteristics
and obtain data relative to the estimated seasonal high-water table.
Soil percolation tests and deep test holes in which soil
character and groundwater elevation are observed and recorded, and
which may serve as a basis for the design of a system.
Self-contained drainage leaching system with no outlet.
The highest level of groundwater observed in the deep test
hole during spring testing season or the highest elevation indicated
by observation of soil characteristics, whichever is higher.
Soil exhibiting a percolation rate of 60 minutes or less
per inch which was deposited on a site by natural causes and not by
human action. These soils must be free of impervious materials such
as clay, silt subsoil or loam.
Area that includes the proposed or existing leaching facility.
Not an accepted Town way, not maintained by the Town. A roadway
that is neither a public way nor a common driveway. Not a common way.
The property line that lies along a public road or private
way.
Any water-carried putrescible waste resulting from the discharge
from dwellings or other facilities, including, but not limited to,
water closets, laundry tubs, washing machines, sinks, showers, or
dishwashers. Items not normally associated with residential use and
any substance or combination of substances which because of quantity,
concentration, physical or chemical characteristics poses, in the
judgment of the Board or its agent, present potential hazard to human
health, safety, welfare or to the environment, shall be included.
Also referred to as "system" and "septic system"; shall include
all underground components for the subsurface disposal of sanitary
sewage.
Any water course, including streams, brooks, ponds, swamps,
or any other wetlands as defined by MGL c. 131, § 40, or
as defined in the General Wetlands Bylaw in the Town of Townsend.
[1]
Editor's Note: So in original. See 310 CMR 15.002.
A.
The applicant shall send a written request for variance(s) to the
Board of Health specifying section(s) of the rules and regulations
from which the applicant is seeking a variance(s) and the reason why
said variance(s) are requested.
B.
The Board will conduct a hearing at a regularly scheduled meeting
and make its decision.
C.
If approved, the variance(s) to the local regulations will take effect
immediately.
D.
If denied, the Board of Health will state its reason(s) for denial.
A.
Any person affected by a decision of the Board of Health shall be
entitled to a hearing before the Board of Health. Such person shall
file with the Board of Health, within 14 days of such decision, a
written petition requesting such a hearing.
The Board of Health reserves the right to revoke any approval,
permit or certificate of compliance which is found to be based on
incorrect, incomplete, or misleading information.
A.
Enforcement authority. The Board may enforce the provisions of these
regulations and 310 CMR 15 under applicable provisions of MGL c. 21
and any other applicable law.
B.
Fines. Any person who shall violate any portion of these regulations
shall be fined not more than $500. Each day's failure to comply
shall constitute a separate violation.
A.
Licenses required. Septic system installers and septic haulers doing
business in the Town of Townsend shall be required to have license
numbers issued by the Board of Health. Such licenses shall be issued
to individuals only.
B.
License suspension or revocation. After a license is issued, the
Board of Health, at its sole discretion, upon receipt of complaints
regarding competence or business practices and after a hearing during
a public meeting, may suspend temporarily or permanently revoke such
professional license in the Town of Townsend. The Board may generate
its own complaints, based on information brought to its attention
or through review of plans or documents presented to the Board. The
professional licensee whose license is in question shall be given
at least five business days' notice of any hearing which might
result in a loss of professional license. Such notice shall be by
certified mail, delivered to the licensee's usual place of business.
C.
Installer's license. A Townsend installer's license number
will be issued to any installer qualified under Nashoba regulations,
provided there are no outstanding complaints against the installer
in the Nashoba or Townsend Board of Health records.
A.
Required permits: No construction under a building permit shall proceed
until the appropriate Board of Health permits have been issued. All
installers shall have copies of the signed and approved plan in their
possession on the site during the installation of the system and shall
make them available for the Board or its agent at the time of inspection.
B.
Application for subsurface sewage disposal permit.
(1)
An application and two sets of complete engineered plans conforming
to the State Environmental Code, Title 5, and the Townsend Board of
Health regulations shall be submitted for all sewage disposal systems
with a design flow of 15,000 gpd or less, including alternative systems.
(2)
No sewage disposal system shall be constructed/installed without
first obtaining a sewage disposal works construction permit issued
by the Townsend Board of Health.
(3)
In addition to the disposal works permit issued by the Townsend Board
of Health, the applicant shall obtain all necessary permits from the
Department of Environmental Protection as needed for sewage disposal
systems in excess of 10,000 gpd.
(4)
All permits are required to have an assigned house number prior to
release.
C.
Application for lot inspection: An application for lot inspection
shall be made to Nashoba. Our agent must witness all field testing.
Inspections required during construction of a system shall be made
by Nashoba. All application fees shall be paid to Nashoba at the time
of submittal.
D.
Alterations: No alteration to septic tanks, seepage pits, leaching
trenches, or other components of subsurface sewage disposal systems
shall be made until a permit has first been obtained from the Board
of Health.
E.
Existing structures/conversions/additions.
(1)
No construction shall commence on a permit for alteration until the
Board of Health has approved the adequacy of the subsurface sewage
disposal system.
(2)
No person shall add to or alter a structure in order to increase
bedroom space as defined in 310 CMR 15.002 in any building without
prior approval of the Board of Health.
(3)
No existing homes shall be subdivided into multiple apartments without
prior approval of the Board of Health.
F.
Permit conditions: Every permit issued shall be subject to the condition
that all facilities shall be constructed in the location approved
by the Board of Health, and to such further conditions as the state
shall prescribe.
G.
Permit fee: The Board of Health shall establish fees for the issuance
of permits.
H.
Approval of plan: No permit shall be issued until an approved plan
has been signed by not less than two members of the Board of Health
at a properly posted scheduled meeting.
I.
Interdepartmental review. No permit shall be issued until the Board
of Health Interdepartmental Referral Form has been signed by the applicable
departments and submitted to the Board. It shall be the responsibility
of the applicant to collect these signatures and submit this form
to the Board. This regulation shall not apply to emergency repairs
as defined by 310 CMR 15.000.[1]
[1]
Editor's Note: So in original. See 310 CMR 15.002.
A.
Before issuing any of the permits required, the agent shall inspect
the property as shown on the submitted plan.
B.
Nashoba and/or a Board of Health member shall witness all testing.
C.
No field test data shall be used as a design basis unless Nashoba
has witnessed the field tests.
D.
The Board of Health or its agent may require such further plans and
tests as it considers necessary.
E.
Inspection limitations: Inspections shall not be made when snow covers
the ground.
F.
Recording and marking of field tests.
(1)
The results of all field tests performed in the vicinity of a proposed
or existing system, including the reserve area, shall be provided
to Nashoba and the Board on the plan or on sheets referenced on and
attached to the plan and certified by the engineer.
(2)
The location of test holes in the field shall be clearly marked with
their associated numbers immediately during testing.
G.
All deep test holes shall be backfilled to existing grade prior to
darkness.
H.
(Reserved)
I.
Percolation tests: Minimum lateral distance between a failing percolation
test (in the excess of 60 minutes per inch) and subsurface sewage
disposal system shall be a twenty-five-foot radius around the perimeter
of the subsurface sewage disposal system.
J.
Test Changes: Changes requiring repercolation, new tests or other
substantial changes from the original approved plan may require a
new application fee as determined by Nashoba.
A.
Prohibited or limited facilities:
(1)
Garbage grinders: The use of garbage grinders is prohibited.
(2)
Privies: No permanent privies shall be allowed without specific approval
of the Board of Health.
(3)
Holding or tight tanks. Holding or Tight Tanks shall not be used
for sewage disposal in new buildings.
(4)
Chemical toilets: Permanently installed humus or self-contained toilets
must receive prior approval from the Board in compliance with 310
CMR 15.289(3). To receive such approval, the dwelling or facility
must have a system in full compliance with Title 5, or an approved
plan showing a compliant system could be installed on the site.
B.
Location: The sewage disposal system must be located on the same
lot as the facility it is intended to serve; for the purpose of this
regulation, a lot shall not be interconnected by an easement or right-of-way.
D.
Square footage requirements for leaching area: The minimum dimensions
shall conform to Title 5. The Board reserves the right to require
a larger system where specific site or system conditions warrant.
E.
Future expansion/reserve: The expansion/reserve area shall meet all
requirements of these regulations and Title 5 of the State Environmental
Code.
F.
Tanks.
(1)
All new construction shall have two tanks in series, conforming to
310 CMR 15.225. The first tank shall be a minimum of 1,500 gallons
and the second a minimum of 1,000 gallons. A 2,500-gallon two-compartment
tank, conforming to 310 CMR 15.224, may also be used except that the
first compartment shall be a minimum of 1,500 gallons and the second
a minimum of 1,000 gallons.
(2)
A pump chamber may be substituted for the second 1,000-gallon tank
provided the first tank is a dual chamber.
(3)
In a replacement, the same requirements of Subsection F(1) shall apply for any system serving three or more bedrooms. A system serving less than three bedrooms shall also require tanks in series, or a two-compartment tank, but the tank(s) shall be sized per the requirements of 310 CMR 15.225.
(4)
All systems shall be equipped with an effluent tee filter on the
outlet pipe in the second tank in the series or the second compartment
of a two-compartment tank.
The following distances must be maintained between listed components.
All distances are in feet. Any distances not listed are specified
under Title 5 of the State Environmental Code. All distances, whether
or not listed in this table, may be increased where, in the opinion
of the Board, an increase is required by virtue of conditions peculiar
to the site or where other Town regulations or bylaws require.
|
Element
|
Septic Tank
(feet)
|
Leaching Facility
(feet)
|
|---|---|---|
|
Wetland
|
—
|
100
|
|
Leaching catch basin and dry wells
|
25
|
25
|
|
Floodplain
|
100
|
100
|
A.
The following information, in addition to that required by 310 CMR
15, shall be provided on the plans and as-built plans.
(1)
Identification of lot by street number or Assessor's Map, block,
and parcel number.
(2)
Locus, lot lines, well and public water lines, street(s), driveway,
dimensions of lot and locations and dimensions of proposed and existing
buildings.
(3)
Municipal water supply at a distance of 500 feet.
(4)
Date of plan and of each revision thereto.
(5)
Date(s) of groundwater evaluation observations and percolation tests.
(6)
Original stamp, signature and date by the professional engineer or
sanitarian of record.
(7)
Existing topography and proposed grading changes shown by contours
at two-foot intervals or less.
(8)
Elevation of abutters' property line to subject property.
(9)
(Reserved)
(10)
Materials to be used for building sewer and distribution piping,
and types of joints.
(11)
Location and elevations of all system components, culvert elevations
of pipes at both ends and at each change in slope.
B.
Wetlands and buffer zones.
(1)
Location of all wetlands, whether on or off the property, if within
125 of any components of the proposed system.
(2)
100-foot buffer zone (or 200-foot riverfront area) clearly designated.
(3)
It is the responsibility of the applicant to be in compliance with
Conservation Commission requirements.
A.
For any application under these regulations, the Board may employ
an outside consultant at the expense of the applicant. Fields for
which the Board may require a consultant include but are not limited
to: any relevant engineering field, soil scientists, hydrologists,
environmental scientists, registered sanitarians, biochemists.
B.
The Board will normally require the fees to cover the costs of outside
consultants to be deposited in advance with the Town, in accordance
with the provisions of MGL c. 44, § 53G. Such fees will
be deposited in a separate account. Any amounts remaining after the
completion of the associated project will be refunded to the applicant
or successor, in accordance with these regulations and said state
law. When the expense of such consultants exceeds the currently available
funds in the 53G account, the applicant is required to provide such
additional and appropriate funds within 14 days of notification by
the Board of the required amount.
C.
To the extent that services are provided by Town Counsel under a
flat-rate retainer, such services will not be charged directly to
the applicant. However, should circumstances require employment of
outside counsel or otherwise be billed to the Town for a specific
service related to an application, then such fees will be paid out
of the 53G account by the applicant. This section does not preclude
the charging of supplemental fees for specific legal services performed
by Town Counsel, with such fees paid to the Town to offset the cost
of the Town's retainer with Town Counsel.
A disposal system installer's permit conforming to Section 15.019 of Title 5 and a Townsend installer's license as required in § 160-18 shall be required prior to the start of any construction in which sewage will be generated.
A.
Construction of disposal areas in clean granular fill shall be permissible
under the following conditions:
(1)
(Reserved)
(2)
In no case shall excavations be allowed into impervious material
without penetrating into pervious material. Penetration must be made
beyond any soil that is organic, such as peat, loam or subsoil.
(3)
Clean granular fill shall be free of all silt and fines as defined
in Title 5 of the State Environmental Code and shall have a percolation
rate of not more than two minutes per inch in its natural state and
after placement.
B.
Inlet and Outlet Covers: Both inlet and outlet covers shall be equipped
with risers, so that the cover is at the grade level. All three openings
on a two-compartment tank are considered inlet/outlets and shall have
a riser to finish grade.
C.
Temporary facilities.
(1)
When no approved sanitary facilities exist on the site, builders
and contractors shall provide approved sanitary facilities at their
work site.
(2)
These facilities shall remain on the site from the first day of operation
and until a certificate of occupancy has been issued.
(3)
Each day of noncompliance shall constitute a separate fine or not
more than $50 per day.
A.
An as-built plan shall be required within 30 days of completion of
installation of a system, showing the exact location of all components
of the subsurface sewage disposal system, well or water supply.
B.
The as-built plan shall be submitted on an overlay plot plan showing
proposed and as-built plan.
C.
The plan shall bear the original signature, license number and stamp
of a registered civil or sanitary engineer or registered sanitarian,
attesting that the well and the subsurface sewage disposal system
were actually constructed as shown on the Board of Health approved
plan.
D.
The disposal system installer's permit number and the Townsend
installer's license number shall appear on all as-built plans
submitted to the Board of Health.
A.
New construction: No new dwelling or place of business shall be occupied
until the Board of Health has issued a certificate of compliance.
A.
Pumping requirements: All operating residential septic tanks, cesspools
or other septage storage structures shall have their contents pumped
out every 36 months, at a minimum, by a licensed septage hauler.
B.
The Board may vary the pumping schedule on any given property, provided
that a report is submitted for that property by a Board of Health
licensed inspector or Nashoba indicating that the prescribed pumping
schedule for that property is a manifest injustice and equal environmental
protection can be provided by an alternative pumping schedule. This
variance will expire in five years or at such time as the property
is sold or there is a substantial change of usage or volume.
All systems or components of systems, deemed to be in failure,
whether through Title 5 inspection or observation and reporting to
the Board by Nashoba, shall be replaced as soon as feasible.
A.
The Board may impose tight tank, pumping or other requirements as
interim protective measures.
The Board of Health will review all Title 5 inspections.
A.
No inspection will be deemed complete or correct until approved by
the Board.
B.
No inspection report will be accepted unless the last pumping receipt/record is attached to the report to prove compliance with Townsend Board of Health Subsurface Sewage Disposal Regulation § 160-27.1A.
C.
Failure to correct technical or actual deficiencies in an inspection
report within 30 days of the Board sending notice of the deficiencies
may require reinspection. The Board may require that such reinspection
be in the presence of the Board or its agent.
D.
Board review of Title 5 Inspections will not occur until the administrative
review fee is paid in full. Please refer to the current Board of Health
Department Application/Permit Fee Schedule for applicable fee amount.
