Town of Yarmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-1981 by Art. 16.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Septic cleaner ban — See Ch. 198.
Sewage discharge permits — See Ch. 199.
Sewage flow — See Ch. 201.
Wastewater treatment plants — See Ch. 206.
Water and groundwater resource protection — See Ch. 207.
[1]
Editor's Note: This chapter was derived from regulations adopted by the Board of Health to be effective 8-25-1978.
For purposes of enforcing these regulations, the Health Agent or a designated agent of the Board of Health shall be the approving authority.
No individual sewage disposal system or other means of sewage disposal shall be located, constructed, altered, repaired or installed until a permit for such work has been issued by the agent of the Board of Health. At the time of filing of the application with said agent, a fee shall be charged. The fee for new construction shall be $15. The fee for repair shall be $10. Fees for permits shall not be returned if repair or construction is abandoned.
Each disposal works installer shall be required to complete a simple septic installer's test questionnaire and execute a memorandum of understanding to qualify as an applicant for an installer's permit. The fee for a disposal works installer's permit shall be $20.
A disposal works construction permit shall become void if the installation of a subsurface sewage disposal system is not completed and in operation within six months from the date of issue of such permit. Following submission of reapplication, a new permit may be issued by the agent of the Board of Health. The fee for reapplication shall be $15.
A. 
As part of the application for a disposal works construction permit to install, construct or repair, if applicable, a sewage system in the Town of Yarmouth, a plan of the proposed system is required.
B. 
Emergency repairs to existing systems may commence immediately; however, a plan of the proposed repairs as required by this regulation must be submitted to the agent of the Board of Health within 72 hours.
C. 
The plan is to be prepared by one of the following:
(1) 
A registered professional engineer (civil).
(2) 
A registered professional engineer (sanitary).
(3) 
A registered sanitarian.
(4) 
Other professional authorized by law.
D. 
In addition, the site plans must be prepared by the registered land surveyor and must bear his seal and signature.
E. 
The submitted plans must show:
(1) 
The property and building to be served by the proposed sewage disposal system.
(2) 
The location of such system.
(3) 
The precise location of manholes and cleanout plugs.
(4) 
Location of any streams, drains or other known sources of water within 200 feet of the proposed system.
(5) 
Existing and proposed contours of the land (two-foot interval contours may be required by the agent of the Board of Health due to elevation variations), lot lines and distances necessary to satisfy requirements set forth in § 200-15.
(6) 
A detailed layout of the proposed system, including inverts, elevations of the septic tank, distribution box, leaching pipes or pits, and dimensions of leaching area or pits, including spacing of pipes or pits.
(7) 
Size and gradation of stones used in the disposal field.
(8) 
Location and depth of the observation pits.
(9) 
Location and results of percolation tests, including the name of the agent of the Board of Health who witnesses the test.
(10) 
Elevation of the highest water table and soil log.
(11) 
A cross section showing elevations drawn through the property lines and building foundation walls, septic tank, leaching field or pits.
(12) 
The center line of the street if the system is in front of the building.
(13) 
Assessors' map number and the parcel number.
(14) 
In a floodplain zone, the bench mark shall be based on mean sea level.
F. 
In addition, provisions shall be made on the plan for the endorsement of approval by the agent of the Board of Health. No permit shall be issued until the plan, submitted in quadruplicate, has been reviewed and endorsed by the agent of the Board of Health.
Dwellings with expansion attics shall provide a septic system according to the total number of finished and/or unfinished bedrooms.
The owner or other person(s) having control over any existing building(s) hereafter seeking to alter, add to or extend existing foundation(s) shall not commence construction under a building permit until first obtaining a permit for the alteration of the sewage disposal system, if applicable, from the agent of the Board of Health. Septic tanks must be installed for any building(s) being altered, added to or extending existing foundation(s), if applicable, that do not already have an existing septic tank. Tank size shall be determined in accordance with Regulation 6 of Title V of the Department of Environmental Quality Engineering (DEQE).
Occupancy of any such affected structure (§ 200-7) shall not take place until a certificate of compliance has been issued by the agent of the Board of Health as relating to the design of the plans, materials and the construction of the completed installation of the sewage disposal system.
A. 
The Board of Health requires that all construction be inspected by the agent of the Board of Health before backfilling. Prior notice of at least 24 hours for a final inspection must be provided to the agent of the Board of Health.
B. 
A certificate of compliance will not be issued unless all construction has been completed in accordance with the approved plan and required inspection.
C. 
If an installer must make any changes during the installation of a septic disposal system which diverts from the original approved plans, permission must first be obtained from the agent of the Board of Health and the engineer or sanitarian who prepared the plans. The agent and the engineer or sanitarian shall then reinspect and approve the proposed installation change. Upon approval, the engineer or sanitarian shall file corrected plans with the agent of the Board of Health.
Construction of leaching facilities in clean granular fill is permissible when the following conditions exist:
A. 
When the impervious material can be excavated to pervious material below and be replaced with clean fill and the underlying pervious strata is at least four feet thick.
B. 
Where a depth of at least four feet of pervious material is natural soil and can be maintained below the bottom of the leaching area. In no case will excavation be allowed into impervious material without penetrating into pervious material as in Subsection A.
The common use of an individual sewage system by more than one property, dwelling or other premises is prohibited, unless written approval is obtained from the agent of the Board of Health. The sewage disposal system shall be located on the one lot which it serves.
A. 
Every owner or agent of premises in which there are any private sewers, individual sewage disposal systems or other means of sewage disposal shall keep the sewer, sewage disposal system or other means of sewage disposal in good repair. It is the recommendation of the Board of Health that all of the aforementioned systems be cleaned at least once every two years.
B. 
Should the owner or agent of any premises fail to keep the disposal facility in proper working condition, the agent of the Board of Health shall cause the disposal facility to be cleaned or repaired with all expenses incurred to be paid by the owner or agent of the premises so involved.
All plans submitted for review and approval shall contain an additional area reserved for future expansion of the disposal field, being at least equal to the area of the disposal field. The expansion area must conform to all requirements of the regulations herein and to Title V of the DEQE. The expansion area is to be kept open and may not be built upon, with the exception of movable structures such as toolhouses and aboveground swimming pools. However, movable structures may not be constructed should they preclude the expansion area from conforming to the minimum distances as established in Regulation 3.7 of Title V.
A. 
All percolation tests shall be conducted in accordance with the requirements of Title V of the DEQE and shall be performed on each lot where a septic system is to be constructed, except where the agent of the Board of Health deems it unnecessary, which information shall also be recorded on both the application and the submitted plan (§ 200-5).
B. 
All percolation tests shall be performed in the presence of the agent of the Board of Health with prior notice of 48 hours provided to the agent of the Board of Health.
C. 
Testing during high-water period.
(1) 
Percolation tests shall be conducted during the high-water time of year, November through June.
(2) 
If tests are conducted during the months of July through October, the following conditions shall be met to qualify for approval:
(a) 
Two deep observation holes shall be made on each lot, with no silt, clay or other impermeable soils found, up to a depth of 10 feet.
(b) 
That the water table is not within 10 feet from the surface of the ground.
(3) 
If the aforementioned specified conditions are not met and other substantiating data is not available, the percolation test must be rescheduled for the high water time of year period.
D. 
Soil with an average percolation rate slower than 20 minutes per inch will be considered unsuitable for subsurface disposal of sewage by the agent of the Board of Health.
E. 
Percolation test results will be recorded in the Health Department office and may be utilized for a period of two years from the date of the actual test.
F. 
New percolation tests and observation holes may be required as needed to comply with any new code requirements.
G. 
Before a percolation test can be scheduled, a fee of $10 shall be paid at the Health Department office.
A. 
The location of the disposal facilities shall be such as to provide between them and the component a distance not less than those listed in the following table. The setback distances required below are changes from Title V; for additional detailed setback requirements, refer to Title V of the DEQE.
Component
Septic Tank
(feet)
Leaching Field, Pit and Cesspool
(feet)
Potable:
Surface water supplies or tributaries
100
100
Well or suction line
100
150
Nonpotable:
Watercourses, including streams, ponds, open and subsurface drains
50
100
B. 
The grades of roads in subdivisions adjoining any water shall not be less than six feet above the mean high water of lakes, ponds, streams, tidal water, flats and all tributaries of such tidal waters and flats. Foundations of dwellings shall not be less than two feet above the highest point of the road affronting each lot. No fill shall be deposited when the water table is within four feet of the original grade. Where fill is deposited, it shall be in compliance with the regulations set forth in Title V of the DEQE.
A. 
Variances may be granted under the following provisions only. The Board of Health may vary the application of provisions of the regulations herein, except where expressly forbidden elsewhere in Title V of the DEQE, with respect to any particular case when, in its opinion, one or both of the following conditions exist:
(1) 
The enforcement thereof would cause manifest injustice and/or hardship.
(2) 
The applicant can prove beyond a reasonable doubt that the same degree of environmental protection as required under the regulations herein can be achieved without the strict application of the applicable provision in question.
B. 
Every request for a variance shall be made in writing on a form provided by the agent of the Board of Health and shall state the specific reason(s) for the variance being sought.
C. 
Any variance granted by the Board of Health shall be made in writing and shall expire 90 days from the date of issue.
D. 
Any denial of a variance shall also be made in writing and shall contain a brief statement stating the reason(s) for the denial.
If any section, paragraph, sentence, clause, phrase or word of the regulations herein shall be judged invalid for any reason whatsoever, that decision shall not affect any other portion of the regulations herein which shall remain in full force and effect, and to this end the provisions of the regulations herein are hereby declared severable.
The Town of Yarmouth Board of Health reserves the right to adopt additional regulations as deemed necessary or to restrict or delete any of the herein mentioned regulations in the best interest of the Town of Yarmouth. All regulations herein are subject to the various provisions as set forth in Title V of the DEQE.