[HISTORY: Adopted by the Board of Health
of the Town of Yarmouth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-7-1989]
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.
A.
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.
B.
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).
A.
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.
B.
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.
(2)
Currently approved input variables include:
(a)
Transmissivity to be determined by on-site slug
or pump test.
(b)
Aquifer thickness to be determined by on-site
boring (location of confining layers and estimated plume thickness).
(c)
Dispersivity equals 40 feet longitudinal per
30 feet transverse.
(d)
Hydraulic gradient as determined by site-specific
water table map.
(e)
No retardation factor.
(f)
Sewage flows as determined by Title 5 design
flows.
(g)
Other information deemed pertinent by the Board
of Health.
C.
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.
