[Adopted 6-11-1991, effective 6-11-1991 (Section 11.00 of Part VIII of the 1991 Codification as updated through 6-1-1996)]
To protect the public health against potential sources of contamination of the ground- and surface waters in the Town of Barnstable, the Board of Health adopts the following regulation.
The Board of Health may require the repair or replacement of an on-site sewage disposal system if any of the following apply:
There is evidence of sewage flow to the surface of the ground.
There is structural damage to the components of the system which prevent it from functioning as required.
The bottom of the cesspool or leaching facility is less than four feet from the observed maximum groundwater elevation.
The system was pumped more than two times in a ninety-day period (excluding maintenance pumping of grease traps).
There is evidence of breakout.
There was sewage backup into the house because of a nonfunctioning leaching area.
The edge of a leaching area is less than 100 feet from a well or less than 50 feet from a watercourse, as defined in 310 CMR 15.00: The State Environmental Code, Title 5: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage.
The standing liquid level in the leaching facility(ies) is at or above the invert pipe elevation.
According to current local regulations, the system is not properly sized to accommodate a proposed change in use or expansion of a building or dwelling.
Any other condition deemed by the Board of Health to require maintenance as defined under 310 CMR 15.02 the State Environmental Code Title V, Section (19).
Variances may be granted only as follows:
The Board of Health may vary the application of any provisions of this regulation with respect to any particular case when, in its opinion the enforcement thereof would do manifest injustice and the applicant has proved that the same degree of environmental protection required under this article can be achieved without strict application of the particular provision.
Every request for a variance shall be made in writing and shall state the specific variance requested and the reasons therefor. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and contain a brief statement of the reasons for the denial. A copy of any variance granted shall be available to the public at all reasonable hours in the office of the Town Clerk or the Board of Health while it is in effect.
Any variance or other modification authorized to be made by these regulations may be subject to such qualification, revocation, suspension or expiration as the Board of Health expresses in its grant. A variance or modification authorized to be made by these regulations may otherwise be revoked, modified or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard in conformity with the requirements of 310 CMR 11.00 for orders and hearings.
The provisions of Title 1 of the State Environmental Code (310 CMR 11.00) shall govern the enforcement of these regulations.
Penalty for failure to comply with any provision of this regulation shall be governed by Massachusetts General Laws, Chapter 111, § 31. Each day's failure to comply with an order shall constitute a separate violation.
Further, the Board of Health, after notice to and after a hearing thereon, may suspend, revoke, or modify any license issued hereunder for cause shown.
Each section of these rules and regulations shall be construed as separate. If any section, regulation, paragraph, sentence, clause, phrase or word of these rules and regulations shall be declared invalid for any reason, the remainder of these rules and regulations shall remain in full force and effect.