A.
These regulations shall be effective on and after
April 15, 1989, and so remain until modified or amended by the Board
of Health. The regulations are enacted by the Dalton Board of Health
through the authority granted by one or more of the following: MGL
c. 111, §§ 31, 122, 122A, 127, 143, 155, 187, 188;
Code of Massachusetts Regulations (CMR) 105, 310. Board of Health
regulations are an exercise of the police power through which various
levels of government are responsible for the protection of public
health, safety and welfare.
B.
Any and all previous regulations concerning private
wells are hereby repealed.
It is the purpose of these regulations to protect
public health, safety and welfare by ensuring that buildings with
no access to public water supplies are supplied safe drinking water
from private wells and further to provide for protection of the Town's
groundwater resources.
These regulations shall apply to water supply
wells which are not part of a public water system as defined in 310
Code of Massachusetts Regulations (CMR) 22.02.
As used in this chapter, the following terms
shall have the meanings indicated:
A private well that has not been routinely used for a period
of one year or more and is located on a lot without residential or
commercial/industrial buildings routinely occupied or used by humans.
A private well declared abandoned in writing by the owner.
The Board of Health of the Town of Dalton, Massachusetts,
or its authorized agent.
Any building which may be used, by humans, for residential
or other purposes.
A private water system which serves more than one residential
dwelling unit or commercial/industrial establishment.
A well serving a single residential dwelling unit.
Any person, association, partnership, company, corporation
or trust that constructs a well for a fee; the person responsible
for the field operation, equipment, materials, personnel and quality
of workmanship; the registered individual authorized to drill or dig
wells in the commonwealth.
Any hole or shaft constructed into the ground for the purpose
of injecting water, extracting water or for monitoring groundwater
for any reason, or a dug hole with a depth greater than its largest
surface dimension. This definition shall not include wells used to
dewater excavations or to stabilize hillsides or earth embankments
on a temporary basis.
