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Tewksbury Board of Health
REGULATIONS FOR THE SUBSURFACE DISPOSAL OF SEWAGE
1.0. PURPOSE
The Tewksbury Board of
Health is responsible for the protection of the Public Health and
Welfare in the Town of
Tewksbury
. In an effort to protect the public, the following regulations are
promulgated to supplement those of Title 5 of the State
Environmental Code: Minimum Requirements for the Subsurface Disposal
of Sanitary Sewage (310 CMR 15.000).
2.0.
Authority
2.1.These
regulations are adopted under the authority of M.G.L.c. 111, §§21
and 127, as well as 310 CMR 11.02, Title 1 and 310 CMR 15.000, Title
5 of the State Environmental Code.
3.0. Applicability
3.1.These
regulations shall apply to all installations of septic systems in
the Town of
Tewksbury
, for both commercial and residential applications.
3.2.These
regulations shall supercede all previous regulations pertaining to
septic systems.
3.3.All
revisions to these regulations shall become effective upon
publication of a notice of the changes in a local newspaper.
3.4.These
regulations may be cited “Septic System Regulations”.
4.0
Definitions
4.1.Unless
otherwise defined in these regulations, all definitions shall be
those used in 310 CMR 15.000, Title 5.
Board
shall mean Board of Health.
Failed
System shall be defined as a septic
system that meets one or more of the following conditions:
A.
Evidence of septage flow to the ground surface.
B.
Evidence that the septic system is in such a state
that it will not function as originally intended.
C.
Any other failure to meet operating standards intended
to protect the public and environmental health.
D.
Any condition meeting the failure criteria listed
within 310 CMR 15.000.
Licensed
Installer shall mean a person licensed
by the Tewksbury Board of Health to install septic systems.
Licensed Pumper shall
mean a person licensed by the Tewksbury Board of Health to pump and
transport the wastes from a septic system.
Septic Reg.
Page 2
December 28, 1999
Tewksbury
Waters shall mean all waters within
the Town of
Tewksbury
, except vegetative wetlands.
Title
5 shall refer to Title 5: Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage, 310 CMR
15.000.
Wetlands
shall include, but not be limited to, all areas defined as wetlands
under the Wetlands Protection Act; all streams, surface water
bodies, and swamps; all areas subject to regulation under the Town
of Tewksbury Wetlands Protection Bylaw; and any other area
considered by the Board to be periodically or continuously wet or
under water due to rain or surface water runoff.
5.0
Minimum Requirements
5.1.
PERMIT A Disposal System Construction Permit shall be required to
construct, repair, upgrade, or abandon a septic system. No permit
shall be issued unless it is proven that potable water is available
to the lot to be served by the septic system.
5.2.
PLANS Three (3) site plans of the proposed work shall be submitted
with each permit. At a minimum, the following shall be included on
the plan:
A.
The stamp and signature of a Professional Engineer or
other professional authorized by law to prepare septic plans.
B.
The location and dimensions of the system, including
the 100% expansion area, and any required excavation.
C.
Location of observation holes and percolation tests,
as well as their results.
D.
Location of any streams, wetlands, surface and
subsurface drains, or other feature of environmental concern within
100’ of the proposed system, as well as any proposed well on the
lot.
E.
Location of any known or proposed water supplies
within 200’ of the proposed system, as well as any proposed well
on the lot.
F.
Location of any water lines and other underground
utilities on the property.
G.
A profile of the proposed system showing maximum
groundwater elevation in the area of the sewage disposal system, and
a profile of the system, including all elevations.
H.
Space for the signature of the Approving Authority.
I.
The scale shall be no less than 1”=20’.
J.
All calculations for the system design, and
calculations showing that the proposed leaching facility is large
enough for the proposal.
Septic Reg.
Page 3
December 28, 1999
K.
Topography of the lot shall be shown at two-foot
intervals. Existing and proposed grades must be included.
L.
Where side slope breakout is a possibility,
calculations shall be shown proving that this is not a concern.
M.
The proposed elevations of the top of the foundation
and the basement floor.
N.
An orientation showing the direction of North.
5.3.
PERCOLATION RATE Any rate
over 20 minutes per inch shall be deemed unacceptable for the
installation of a subsurface disposal system. Upgrades of existing
systems shall be exempt from this regulation.
5.4. SYSTEM COMPONENTS
A.
The minimum size septic tank shall have a capacity of
1,500 gallons.
B.
The minimum size grease trap for restaurants shall
have a capacity of 5,000 gallons, unless otherwise waived at the
discretion of the Director or the Board of Health. For restaurants
connected to municipal sewer, in-ground traps shall be required, and
in no case shall be sized smaller than that which would be required
by Title 5.
C.
When a septic tank and/or in-ground grease trap is
installed or replaced, or when a soil absorption system is upgraded,
the septic tank and/or grease trap outlet tee shall have Septic Tank
Effluent Filter installed in it.
5.5. SYSTEM SETBACKS The following setbacks
shall be required, in addition to those of Title 5:
A.
No leaching facility shall be installed within 100
feet of any stream, open waters or other
Tewksbury
waters.
B.
All system components shall be located on the lot
which said system serves.
5.6.
GROUNDWATER
A.
The Director of Public Health may restrict water table
determinations when, in his/her opinion, conditions exist that would
impede a proper determination. Such conditions could include, but
not be limited to, extended periods of drought, extended period of
rain, and testing of rapidly percolating sands during low ground
water months where it is difficult to locate soil mottling.
B.
The cellar or basement floor of every new structure
shall be at least 2 feet above the seasonal high water elevation as
determined by a Title 5 Soil Evaluation.
Septic Reg.
Page 4
December 28, 1999
5.7.
SITE PLAN CHANGES Any time there is a change in the site plan
approved by the Board of Health, a revised plan shall be filed for
approval before work continues. This shall include, but not be
limited to, a change in the location of any septic system component,
structure, or any other item that may affect the location or
operation of the septic system.
5.8.
SUBSURFACE DRAINS It shall be illegal to install any system or
apparatus used to artificially lower the ground water table for new
construction. This shall include, but not be limited to, French or
Curtain Drains or any system or apparatus like them.
5.9.
TITLE 5 Title 5, 310 CMR 15.000, shall be adopted in its entirety as
a local regulation.
5.10.
PRIVATE WELLS Whenever a new well has been installed for the purpose
of a potable water supply, it shall be tested by a Certified Water
Testing Lab, and found to meet the standards set forth by the USEPA
and Massachusetts Department of Environmental Protection, prior to
being put into use. Said testing shall include:
A.
Coliform Bacteria
B.
Total Plate Count
C.
Nitrite and Nitrate
D.
Volatile Organic Chemicals
E.
Lead
F.
Copper
G.
Arsenic
H.
Pesticides and Herbicides
I.
pH
J.
Turbidity
K.
Total Dissolved Solids
L.
Iron
M.
Manganese
N.
Sodium
6.0.
Installation
6.1. INSPECTION Every septic system
shall be inspected by the Health
Department
prior to back filling.
A.
The number of inspections shall be whatever number the
health inspector considers necessary. No system shall be covered
without the approval of the inspector
Septic Reg.
Page 5
December 28, 1999
B.
The issuance of a Certificate of Compliance shall not
be a guarantee that a system will work properly. The Design Engineer
or Sanitarian, as well as the installer shall be responsible for
ensuring that the system is installed in such a way that it will
function as intended.
6.2.
AS-BUILT An as-built plan shall be submitted each time a septic
system is installed, upgraded, or repaired.
A.
The applicant shall be responsible for submitting a
Certified As-built to the Health Department. Said as-built shall
include the location of the system on the lot, as well as elevations
of all system inverts and top of foundation elevations. It shall be
considered a Certified As-built only if it contains a statement that
the installed system meets all applicable codes and regulations and
if it is stamped and signed by a Professional Engineer or Registered
Sanitarian. A stamp and signature of a Registered Land Surveyor may
also be required when the health inspector deems it necessary.
B.
No certificate of Compliance shall be issued until a
certified as-built has been received and the installer signs said
certificate.
6.3.
LICENSE Every person or business engaging in the installation,
upgrade, or repair of a septic system shall obtain, for a fee, a
license to do so from the Board, renewable annually.
7.0.
Maintenance
7.1. GENERAL Every owner or agent of
premises in which there are any private sewers, individual septic
systems, or other means of sewage disposal shall keep said sewers
and systems in proper working order. Should a sewer or septic system
be found to be in a state of failure, the Board of Health or its
agent shall order said owner or agent to cause the system to be
pumped and/or repaired. Should said owner or agent fail to pump or
repair the system within a time specified by the Board, the Board
may cause it to be pumped or repaired, with the owner assuming all
costs.
7.2. PUMPING Only Licensed Pumpers shall be allowed
to pump a septic system. All wastes removed from a septic system or
sewer shall be disposed of in a manner consistent with guidelines
established by the Department of Environmental Protection and the
Tewksbury Board of Health. Under no circumstances shall raw sewage
be discharged on any land within the Town of Tewksbury without the
approval of the Board of Health. All pumpers shall comply with any
pumping manifest system implemented by the Board.
Septic Reg.
Page 6
December 28, 1999
7.3.
CLEANERS No person shall sell, distribute, offer or expose for sale,
or use any septic tank cleaners that contain acids, enzymes,
emulsifiers, or any other chemical or substance without the express
written consent of the Board of Health and the Department of
Environmental Protection.
A.
Any person selling, distributing or offering or
exposing for sale any substance approved in Regulation 7.3. shall
offer to every consumer of their product a Material Safety Data
Sheet (MSDS) for said product.
8.0.
Sewer
8.1. RESIDENTIAL The owner or other
persons having control of any existing
building or buildings hereafter erected or converted into a
dwelling to be occupied by one or more families, and from which a
public or private sewer is adjacent to the property and readily
available shall cause such building to be connected with said sewer
prior to its occupancy.
8.2.COMMERCIAL The owner or other persons having control of
any existing
building
or buildings hereafter erected or converted into one or more
COMMERCIAL businesses, and from which a public or private sewer is
adjacent to the property and readily available shall cause such
building to be connected with said sewer prior to its occupancy.
8.3. FAILED SYSTEMS The owner or other persons having control
of any
building
, residential or commercial, which has a failed septic system and
from which a public or private sewer is adjacent to the property and
readily available shall cause said building to be connected with
said sewer within 30 days of detection of said failure.
9.0.
Variance
9.1. PROCEDURE Variance to
any of these regulations may be requested in
writing
to the Board of Health. When such a request is received, a hearing
shall be scheduled and conducted in conformity with the standards
and procedures established in Title 5, and at the cost of the
applicant. The Director of Public Health may approve requests for
Local Upgrade Approvals.
9.2. APPROVAL Variances shall be granted only under the
following conditions:
A.
Strict enforcement of these regulations will
constitute manifest injustice, AND
B.
The granting of the variance shall not in any way
impair the public or environmental health and safety.
Septic Reg.
Page 7
December 28, 1999
9.3.
CONDITIONS The Board of Health or Director of Public Health may
impose any conditions deemed appropriate in order to protect the
public and environmental health.
10.0.
Penalties
10.1. FINE Anyone found in
violation of these regulations may be fined,
upon
conviction, up to $2,000.00 per violation.
10.2. SUSPENSION OR REVOCATION Any person that is issued a
permit or
license
by the Board of Health, and is found to be in violation of these
regulations or those of Title 5 may be subject to the immediate
suspension or revocation of said permit or license.
10.3. NON-CRIMINAL CITATIONS These regulations may be
enforced through
the
use of Non-Criminal Citations as set forth in the Massachusetts
General Laws Chapter 40, section 21D.
11.0
Severability
11.1. If any provision of these
regulations is declared invalid or not enforceable, the other
provisions shall not be affected thereby, but shall continue in full
force and effect.
Public Hearing: December 2,
1999
Legal Advertisements:
November 10 and 17, 1999
Adopted: January 20, 2000
_________________________________________
Edward Sheehan, Chairman
_________________________________________
Susan Sullivan, Vice
Chairman
_________________________________________
Stephanie Wilkie, Clerk
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