[HISTORY: Adopted by the Board of Health of the Town of Yarmouth as indicated in article histories. Amendments noted where applicable.]
This regulation is adopted by the Yarmouth Board of Health under the auspices of MGL c. 111, § 31.
The purpose of this article is to protect the groundwater used for drinking water purposes, lake and pond recharge areas and coastal watersheds.
The groundwater underlying this Town is the sole source of its existing and future water supply, including drinking water; the groundwater aquifer is integrally connected with and flows into the surface waters, lakes, ponds, streams, rivers 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 conclusion is confirmed by findings set forth in the Town of Yarmouth Water Resources Protection Study (August 1988), prepared by IEP, Inc.
Privately owned wastewater treatment plants (package treatment plants) are prohibited within the Aquifer Protection District (Zones of Contribution), Groundwater Recharge Areas to Lakes, Ponds and Coastal Watersheds, as mapped for the Yarmouth Water Quality Advisory Committee by IEP, Inc., within the Water Resources Protection Study (August 1988).
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 construction, operation and administration of a privately owned wastewater treatment plant will not have a significant adverse effect on public and/or private drinking water resources, lakes, ponds, rivers, streams or any other body of water.
If applying for a variance, the applicant shall be required to submit, but shall not be limited to, the following items/data: Department of Environmental Quality Engineering (DEQE) groundwater discharge permit; geohydrological report; water table map (one-foot contour intervals); direction of the groundwater flow; depth to groundwater; population density; soil conditions; size, shape and slope of the lot groundwater monitoring plan; existing and known future water supplies; nitrate and phosphorus loading calculations; and projections of downgradient concentrations of nitrogen and phosphorus. Projections of downgradient water quality will be determined utilizing two-dimensional solute transport models and input variables approved by the Board of Health.
Currently approved input variables include:
Transmissivity to be determined by on-site slug or pump test.
Aquifer thickness to be determined by on-site boring (location of confining layers and estimated plume thickness).
Dispersivity equals 40 feet longitudinal per 30 feet transverse.
Hydraulic gradient as determined by site-specific water table map.
No retardation factor.
Sewage flows as determined by Title 5 design flows.
Other information deemed pertinent by the Board of Health.
A variance review fee will be assessed by the Board of Health to retain the service(s) of an independent registered civil/sanitary engineer and/or environmental consultant to conduct a review of the planned treatment plant. The fee will be determined by the Board, based on the complexity of the planned treatment plant and the time required to adequately review all plans, reports, etc., along with the expected impact to ground- and surface waters. The fee of 2% of the design construction cost of the treatment plant or $3,000, whichever is greater, will be assessed by the Board. The applicant will submit the fee at the time of the variance request. Any unused portion of the fee shall be refunded to the applicant after the review.