[HISTORY: Adopted by the Board of Health
of the Town of Yarmouth as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-21-1986[1]]
[1]
Note: This regulation is temporary and will
be in effect only until the Town adopts and implements a groundwater
and water resource protection program.
Whereas the initial findings of a Town-wide
Aquifer Management Study, Preliminary Estimate of Nitrogen Loading,
by Wright-Pierce, consultants, dated March 31, 1986, indicate that
a substantial portion of the Town's water supply may be in jeopardy
from the long-term buildup of nitrate-nitrogen, primarily from the
subsurface discharge of sewage effluent; whereas it has been proven
that nitrate contamination in drinking water can be a serious public
health problem; and whereas, based on these findings, immediate measures
must be taken to mitigate the adverse impacts to the groundwater from
such discharges, the Board of Health of the Town of Yarmouth has determined
that the continued unregulated discharge of nitrate-nitrogen into
the groundwater in the zones of contribution of the municipal water
supply wells of the Town poses a future health hazard to all of the
citizens of the Town, and the Board now adopts the following regulation.
No permit or permits shall be issued by the
Board of Health of the Town of Yarmouth or its agents for subsurface
sewage disposal systems for any new subdivisions, or lots shown on
a plan for which approval under the Subdivision Control Law is not
required and so endorsed by the Planning Board after the effective
date of this regulation (ANR lots), or new multi-unit housing on a
lot or lots located in whole or in part within zones of contribution,
as hereinafter defined, unless the applicant or applicants for such
permits demonstrate by a written report to the satisfaction of the
Board that the nitrate loading, calculated as hereinafter described,
will not exceed five parts per million (ppm) for any individual lot
or in the aggregate for all units. Any subsurface sewage disposal
permit subsequently issued for such new subdivision, or lots shown
on a plan for which approval under the Subdivision Control Law is
not required and so endorsed by the Planning Board after the effective
date of this regulation, or new multi-unit housing pursuant to this
regulation, shall require the execution and filing of a deed restriction
prior to the Health Department issuing approval for the issuance of
a building permit, limiting the occupancy level and lawn area to that
specified by the applicant in the nitrate loading calculation.
Zones of contribution, for the purposes of this
regulation, are comprised of the portion of the Town of Yarmouth bounded
as follows: from the intersection of the center line of Route 6A with
the boundary with the Town of Barnstable easterly along the center
line of Route 6A to its intersection with the boundary with the Town
of Dennis; thence southerly along the boundary with the Town of Dennis
to its intersection with the easterly extension of the center line
of Bass River Road; thence westerly along the center line of Bass
River Road to its intersection with the center line of Highbank Road;
thence southerly and westerly along the center line of Highbank Road
to its intersection with the center line of North Main Street; thence
northerly along the center line of North Main Street to its intersection
with the center line of Wood Road; thence westerly and southerly along
the center line of Wood Road to its intersection with the center line
of Route 28; thence westerly along the center line of Route 28 to
its intersection with the center line of Forest Road; thence northerly
along the center line of Forest Road to its intersection with the
center line of Winslow Gray Road; thence westerly along the center
line of Winslow Gray Road to its intersection with the center line
of Buck Island Road; thence westerly along the center line of Buck
Island Road to its intersection with the center line of Town Brook
Road; thence southerly along the center line of Town Brook Road to
its intersection with the center line of Route 28; thence westerly
along the center line of Route 28 to its intersection with the boundary
with the Town of Barnstable; and thence northerly along with the boundary
with the Town of Barnstable to the starting point.
A.
Nitrate loading, for the purposes of this regulation,
shall be calculated as follows for subdivisions of single-family homes
and/or ANR lots as defined above:
(1)
Determine the number of occupants for each dwelling
unit, counting two occupants for the first bedroom in the unit and
adding one occupant for each additional bedroom in the unit.
(3)
Determine the lawn area in square feet for each dwelling
unit.
(6)
Determine the lot area for each unit in acres.
(9)
Determine the total area of the entire subdivision
and/or ANR lots in acres.
B.
Nitrate loading, for the purposes of this regulation,
shall be calculated as follows for multi-unit housing other than subdivisions
of single-family homes:
(1)
Determine the number of occupants for each dwelling
unit, counting two occupants for the first bedroom in the unit and
adding one occupant for each additional bedroom in the unit.
(2)
Calculate the total number of occupants by adding the results from Subsection B(1) for all of the units.
(4)
Determine the total lawn area in square feet for all
the units.
(7)
Determine the lot area for the development in acres.
Variance from this regulation may be granted
by the Board of Health only if the applicant demonstrates to the satisfaction
of the Board that enforcement thereof would do manifest injustice
and proves to the Board that the installation of an on-site subsurface
sewage disposal system, or systems, will not have a significant adverse
effect on surface and/or subsurface public and/or private water resources.
The Board of Health shall consider any variation
between the zones of contribution as defined in this regulation and
the Zones of Contribution Map, as prepared by Whitman & Howard,
dated May 1985, titled "Zones of Contribution - Future Ultimate Conditions,"
and on file with the Board of Health and the Town Clerk, as an element
to be considered by the Board when an applicant has requested a variance
under this regulation.
If applying for variance, the applicant shall
be required to submit, but not be limited to, the following items/data:
nitrate loading report; geohydrological report; direction of the groundwater
flow; depth to groundwater; population density; soil conditions; size,
shape and slope of the lot or lots; existing and known future water
supplies; and other information deemed pertinent.
[Adopted 8-18-1986[1]]
[1]
Note: This regulation is temporary and will
be in effect only until the Town adopts and implements a groundwater
and water resource protection program.
Whereas the initial findings of a Town-wide
Aquifer Management Study, Preliminary Estimate of Nitrogen Loading,
by Wright-Pierce, consultants, dated March 31, 1986, indicate that
a substantial portion of the Town's water supply may be in jeopardy
from the long-term buildup of nitrate-nitrogen, primarily from the
subsurface discharge of sewage effluent; whereas it has been proven
that nitrate contamination in drinking water can be a serious public
health problem; whereas, based on these findings, immediate measures
must be taken to mitigate the adverse impacts to the groundwater from
such discharges; whereas the Board of Health of the Town of Yarmouth
has determined that the continued unregulated discharge of nitrate-nitrogen
into the groundwater in the zones of contribution of the municipal
water supply wells of the Town poses a future health hazard to all
of the citizens of the Town; and whereas the Board has previously
adopted a nitrate-nitrogen loading regulation.[1]
No permit or permits shall be issued by the
Board of Health of the Town of Yarmouth or its agents for subsurface
sewage disposal systems for any new commercial or industrial development,
establishment or facility on a lot or lots located in whole or in
part within zones of contribution, as hereinafter defined, unless
the applicant or applicants for such permits demonstrate by a written
report to the satisfaction of the Board that the nitrate loading,
calculated as hereinafter described, will not exceed five parts per
million (ppm), for any individual lot or establishment, or in the
aggregate for all units in a development. Any subsurface sewage disposal
permit subsequently issued for such new commercial or industrial development,
establishment or facility pursuant to this regulation shall require
the execution and filing of a deed restriction prior to the Health
Department issuing approval for the issuance of a building permit,
limiting the occupancy level, volume of septic system effluent and
lawn area to that specified by the applicant in the nitrate loading
calculation.
Zones of contribution, for the purposes of this
regulation, are comprised of the portion of the Town of Yarmouth bounded
as follows: from the intersection of the center line of Route 6A with
the boundary with the Town of Barnstable easterly along the center
line of Route 6A to its intersection with the boundary with the Town
of Dennis; thence southerly along the boundary with the Town of Dennis
to its intersection with the easterly extension of the center line
of Bass River Road; thence westerly along the center line of Bass
River Road to its intersection with the center line of Highbank Road;
thence southerly and westerly along the center line of Highbank Road
to its intersection with the center line of North Main Street; thence
northerly along the center line of North Main Street to its intersection
with the center line of Wood Road; thence westerly and southerly along
the center line of Wood Road to its intersection with the center line
of Route 28; thence westerly along the center line of Route 28 to
its intersection with the center line of Forest Road; thence northerly
along the center line of Forest Road to its intersection with the
center line of Winslow Gray Road; thence westerly along the center
line of Winslow Gray Road to its intersection with the center line
of Buck Island Road; thence westerly along the center line of Buck
Island Road to its intersection with the center line of Town Brook
Road; thence southerly along the center line of Town Brook Road to
its intersection with the center line of Route 28; thence westerly
along the center line of Route 28 to its intersection with the boundary
with the Town of Barnstable; and thence northerly along the boundary
with the Town of Barnstable to the starting point.
A.
Nitrate loading, for the purposes of this regulation,
shall be calculated as follows for the following types of individual
commercial or industrial establishments: those whose sewage consists
of sink and toilet wastes, with no food preparation or industrial
process wastes, those that prepare food on site and those that have
waste discharges other than typical sanitary or restaurant wastes:
(1)
Determine the Title V sewage flow in gallons per day
for the individual commercial or industrial establishment.
(2)
Determine the average nitrogen concentration in the
septic system effluent for the establishment, in ppm, using 25 ppm
for domestic waste, 45 ppm for restaurant waste and other appropriate
values, documented by the applicant and acceptable to the Board of
Health, for other wastes.
(4)
Determine the total lawn area in square feet for the
commercial or industrial establishment.
(7)
Determine the lot area for the commercial or industrial
establishment in acres.
B.
Nitrate loading, for the purposes of this regulation,
shall be calculated as follows for commercial or industrial developments
consisting of establishments whose sewage consists of sink and toilet
wastes, with no food preparation or industrial process wastes, businesses
that prepare food on site and establishments that have waste discharges
other than typical sanitary or restaurant wastes:
(1)
Determine the Title V sewage flow in gallons per day
for each unit in the development.
(2)
Determine the average nitrogen concentration in the
septic system effluent for each unit in the development, in ppm, using
25 ppm for domestic waste, 45 ppm for restaurant waste and other appropriate
values, documented by the applicant and acceptable to the Board of
Health, for other wastes.
(4)
Add all of the numbers obtained in Subsection B(3) for all of the units and divide the total by 328.
(5)
Determine the total lawn area in square feet for all
of the units.
(8)
Determine the lot area for the development in acres.
Variance from this regulation may be granted
by the Board of Health only if the applicant demonstrates to the satisfaction
of the Board that enforcement thereof would do manifest injustice
and proves to the Board that the installation of an on-site subsurface
sewage disposal system, or systems, will not have a significant adverse
effect on surface and/or subsurface public and/or private water resources.
The Board of Health shall consider any variation
between the zones of contribution as defined in this regulation and
the Zones of Contribution Map, as prepared by Whitman & Howard,
dated May 1985, titled "Zones of Contribution - Future Ultimate Conditions,"
and on file with the Board of Health and the Town Clerk, as an element
to be considered by the Board when an applicant has requested a variance
under this regulation.
If applying for variance, the applicant shall
be required to submit, but not be limited to, the following items/data:
nitrate loading report; geohydrological report; direction of the groundwater
flow; depth to groundwater; population density; soil conditions; size,
shape and slope of the lot or lots; existing and known future water
supplies; and other information deemed pertinent.
