[HISTORY: Adopted by the Board of Health of the Town of Yarmouth 4-7-1989. Amendments noted where applicable.]
Trace levels of volatile organic compounds have been determined in some of the Yarmouth municipal wells. These chemicals are likely to be the result of the cleaning of clogged septic systems with products containing synthetic organic chemicals. Alternatives include better maintenance of systems, Title 5 septic system upgrades and hydrogen peroxide treatment or physical cleaning for clogged systems. To minimize the risk of future contamination of groundwater by septic cleaners, the Board of Health adopts the following regulation.
This regulation is adopted by the Yarmouth Board of Health under the auspices of MGL c. 111, § 31.
The purpose of this chapter is to protect the groundwater used for drinking water purposes from contamination resulting from the use of septic cleaners containing toxic and hazardous constituents. The groundwater underlying this Town is the sole source of its existing and future water supply, including drinking water, and the groundwater aquifer is integrally connected with and flows into the surface waters, lakes, ponds, streams and coastal estuaries which constitute significant recreational and economic resources of the Town, used for bathing and other water-related recreation, including shellfishing and fishing.
The foregoing conclusions are confirmed by findings set forth as follows:
The report "Water Resources Protection Study, Town of Yarmouth (August 1988) prepared by IEP, Inc."
The report "Chemical Quality of Ground Water, Cape Cod, Massachusetts (1979)," prepared by the United States Geological Survey.
By the report titled "Chemical Contamination (September 1979)," prepared by the Special Legislative Commission on Water Supply, Commonwealth of Massachusetts.
In the Environmental Impact Statement and Water Quality Management Plan for Cape Cod (September 1978), prepared by the Cape Cod Planning and Economic Development Commission, pursuant to Section 208 of the Federal Clean Waters Act.
The storage, use, sale or disposal of septic cleaners containing synthetic organic chemicals is prohibited.
Variance from this regulation may be granted by the Board of Health only if the applicant can demonstrate to the satisfaction of the Board that enforcement thereof would do manifest injustice, and the applicant must also prove to the Board of Health that the storage, use, sale or disposal of septic cleaners will not have a significant adverse effect on public and/or private drinking water resources, ponds, lakes, rivers, streams and any other body of water.