TOWN OF WESTMINSTER

11 SOUTH STREET

WESTMINSTER, MASSACHUSETTS 01473

(9= 78) 874-7409 —<= /span> F= ax (978) 874-7460

Westmin= ster BOARD OF HEALTH

Regulations=

For Subsurface Sewage<= o:p>

Disposal Systems

Chapter 245=

Septic Regulations

Adopted 6/17/2009 &= nbsp; &nbs= p; &= nbsp; Effective 7/1/2009

In accordance with MGL. c. 111 sec.31 and MGL. c. 21A sec. 13, The Town Westminster Board = of Health hereby adopts the following local regulations for the protection of = the public health, safety, welfare, and the environment for onsite subsurface disposal of sewage.

The following regulations are in addition to 310 CMR 15.000 The State Environmental Code Title 5 Standard Requirements for the Siting, Construction, Inspection, Upgrade, and Expansion of On-Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septag= e.

All minimum offsets and requirements of Title 5 shall apply unless otherwise he= reby indicated in these regulations. All previous local sewage disposal regulati= ons indicated in Chapter 245 of the Code of the Town of = Westminster are voided by these regulat= ions.

These regulations are based on the Title 5 regulati= ons in place on the effective date. Any less stringent subsequent changes to 310 C= MR 15.000 (Title5) will not be deemed approved by the <= st1:City w:st=3D"on">Westminster board of Health until voted= on by a majority of the Board.

245-1. Definitions

The following words as used in this chapter are in addition to or in place of t= he definitions in 310 CMR 15.00 (Title 5), unless a different meaning is requi= red by the context, or as specifically prescribed, shall have the following meanings:

Agent - An agent of the Board of Health is any person authoriz= ed by the Board to act under 310 CMR 15.000 and these regulations. The Agent m= ay not vary these regulations without specific approval of the Board of Health= .

Board of Health - Includes the Board, department, officer, or approving authority ha= ving like powers and duties in cities or towns.

Cess= pool&nbs= p; - A pit with open-jointed linings or holes in the bottom and/or side= walls into which raw sewage is discharged, the liquid portion of the sewage being disposed of by seeping or leaching into the surrounding soils, and the soli= ds or sludge being retained in the pit.

Lot - A single parcel of land undivided by a street under one ownership with ascertainable boundaries established by a deed of record.

Shared or Common Septic System - Shall be any on-site wastewater system t= hat serves more than one lot or more than one owner or more than one principal building.

Soil Absorption System Perimeter - The area de= fined by the outer edge of the leaching bed/field or the outer edge of the leachi= ng trenches of a soil absorption system. This is the same area as is used in T= itle 5 to calculate the minimum= area for the design of a soil absorption system.

245-2. Permits

All permits granted by the Board must be in writing and signed by a representat= ive of the Board.

No work shall be commenced prior to having a signed permit in hand.=

245-3. Leaching Area Minimum Size

In the Town of Westminster, all leaching areas shall be 125% of Title 5 design criteria.

245-4. Increase of Habitable Space

An official Title 5 Inspection shall be required upon an increase in habitable space for which the increase in habitable space requires a building permit = from the local building inspector. A valid certificate of compliance not older t= han 10 years or Title 5 Inspection not older than 5 years, along with pumping records showing the system has been pumped at least every 3 years will be an acceptable substitute provided a Board representative has reviewed the loca= tion of the septic system and agrees.

245-5 Easements and Retaining = Walls for new construction

For new construction easements to allow a septic system to be located in whole = or in part on a lot other than the lot where the facility to be served is loca= ted are prohibited. Additionally, fill easements for the placement of septic sy= stem fill on adjacent lots are prohibited.

For new construction retaining walls are not allowed. Variances may be granted where the applicant can prove to the Board’s satisfaction that the retaining wall can be maintained and/or be rebuilt if necessary from the applicant’s lot without affecting or encroaching on abutting property= . A survey may be required to delineate the property line.

245-6. Interpretation of Inspection Results

Because the Board of Health is unaware of the way the system servicing the lots was maintained, any inspection including a passing Title 5 Inspection Report sh= ould not be interpreted as a guarantee that the system will function properly.

245-7. Request for Developers to Conduct Studies

Pursuant to the Board of Health's responsibility un= der 310 CMR 15.000 Title 5, and the review of development plans, the Board may require a developer at his/her own cost to conduct or carry out hydrogeolog= ical and water quality studies related to the potential impact of the proposed development. Additional infor= mation may be requested to verify that an adequate supply of potable water is available for proposed developments. Such studies for developments would be requested when the Board determines that there is insufficient information to judge whether or not t= he proposed subsurface disposal systems impact ground or surface water quality. Proposed Developments for more than 15 lots will be required to submit such studies.= As provided under MGL. Chapter 44, section 53G.

245-8 Shared and/or Common Systems

Excepting Town owned systems, the use of shared and/or common systems is prohibited. = Any sewage disposal systems must be located on the same lot as the dwelling or facility it serves. The use of a subsurface sewage disposal system by more = than one lot is prohibited. The system shall be located entirely within the lot being served by the system. A variance may be allowed in a repair situation when the Board believes that a shared system is the best solution and only after an exhaustive study. The Board may grant a hardship variance for any shared systems approved and not built between 9/21/2005 and 7/1/2009.<= /o:p>

245-9 Length of Validity of So= il Tests

Percolation tests and deep hole observation tests shall expire two (2) years after the = date of completion. Written requests for extensions will be allowed on a site specific basis provided that the location of the percolation test and deep = hole observation tests can be located from known and recoverable reference point= s or benchmarks so that it may be located on the system design plan with an accu= racy of one foot. The Board or Agent shall also be satisfied that there have bee= n no alterations of the area, adjacent areas, or other changes that may have com= promised the validity of the tests.

245-10 Percolation and Soil Te= sting

Percolation and soil testing shall be allowed to be conducted year round. On lots where= it is difficult to determine the estimated seasonal high water table by soil mottling, the approving authority may require a groundwater-monitoring well= to be installed on the lot for confirmation of the estimated seasonal high wat= er table. The type, design, time duration and other specifics of the monitoring wells will be left to the discretion of the Agent and/or Board. No leaching area primary or reserve shall be sited within 25’ from an abandoned or unsuitable deep observation hole or unsuitable percolation test. When the system design includes the reserve between the primary trenches, there need= s to be two (2) acceptable percolation tests within 10 feet of the soil absorpti= on system perimeter, with one (1) being within the perimeter. When the system design includes the reserve being separate from the primary system there ne= eds to be one (1) acceptable percolation test within the soil absorption system perimeter and one (1) within the designated area for the reserve. When the percolation tests are not consistent the BOH Agent will require additional testing in order to assure proper sizing of the system.

245-11 Design, Construction and Certification of Compliance for Septic Systems

All piping includin= g the perforated leaching area pipe shall be a minimum Schedule 40.

Except when indica= ted otherwise by Title 5, every septic tank shall be equipped with an effluent outlet tee filter approved by the Department of Environmental Protection.

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Access ports for g= aining access to D-Box, Tanks, and Pump Chambers must be within 6 inches of final grade

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All distribution boxes installed shall be H-20 Load Ra= ted.

All Systems utilizing pump chambers shall have a system operation manual posted in immediate proximity to the alarm panel so the homeowner can access it.

All subsurface sewa= ge disposal systems shall have the following minimum inspections as requi= red by the Board.

1. Initial inspection prior to filling the leaching area with fill (bottom of the bed/trench)

2. Completed system prior to backfilling

3. Final Grading inspection

The agent may require additional inspections at his/her discretion.

The Designer’s As-Built Plan shall be prepared in accordance with Title 5’s requirements, include final grading elevations, and submitted in triplicate. The As-Built shall also be submitted on compact disc in PDF format.

The Installer’= ;s As-Built Plan shall be prepared on a form provided by the Westminster Board of Health.

E.&n= bsp; Prior to the issuance of a Certificate of Compliance by the Board of Health, the applicant or the system installer sh= all:

1. Provide the designer’s As-Built drawing in a form specified by the Board as a permanent document (laminated= ) at a location in the dwelling near the building sewer exit location or electri= cal service entry, which shows location on the lot of the septic tank, distribu= tion box, leaching area, and well where applicable.

2. The chart shall also contain a written advisory as follows: "The Board of Health recommends that the septic t= ank be inspected every 3 years. The septic tank shall be pumped, at the owner's expense, when the depth of the sludge at the bottom of the tank plus the de= pth of scum at the top of the tank are one-third or more of the total tank liqu= id depth below the outlet pipe". The procedure and timing of cleaning the effluent filter shall be included if applicable.

F. No construction shall begin on a se= ptic system until the Building Department grants a building permit.

     G.   No Certificate of Compliance= will be issued until such time as the building is complete                   =         enough to ascertain the number of bedrooms and bathrooms.

245-12 Systems const= ructed within Watershed Protection Areas

The Westminster Board of Health rese= rves the right to modify the regulations and treat each system in Drinking Water and/or Watershed Protection Areas in the Town separately to assure the Heal= th and General Welfare of individuals using this resource.

ANYONE PLANNING ON SITING A SYSTEM IN THESE AREAS MUST CONTACT THE HEALTH AGENT PRIOR TO EXPENDING ANY RESOURCES TO FIND OUT IF ADDITIONAL REQUIREMENTS MAY BE REQUIRED.

245-13 Septic Tank Pumping Program

Every owner or agent of premises served by a system should have the s= eptic tank pumped no less frequently than once in every three-year period. For multi-family dwellings, including condominiums, apartments, motels, hotels = and boarding houses, the owner or agent shall have the septic tank pumped at le= ast once every year and shall provide to the Board written proof of such pumpin= g, by paid invoice or other suitable documentation from a septage handler who = has a current permit.

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245-14 = Setback Requirements

For new construction a sewage disposal system shall not be installed within 100 feet of any watercourse (streams, brooks, rivers, ponds or wetlands). For a= ny system the distances required by Title 5 and the Westminster Board of Health are minim= um distances and may be increased if, in the opinion of the Agent, such an increase is required to protect the environment or the public health= . The Board may grant a ha= rdship variance for lots purchased or created between 9/21/2005 and 7/1/2009.=

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245-15 Unanticipated Changes

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If unanticipated conditi= ons encountered during the construction necessitate deviations from the approved plan, it shall be the responsibility of the applicant to request prior appr= oval for such deviations from the designer and the Board’s agent or the Bo= ard.

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245-16 The following events will requ= ire the applicant to file with the Registry of Deeds a recording acceptable to = the Board prior to granting a construction permit or a certificate of complianc= e as specified in Title 5.
      =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;                   =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             <= o:p>

        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;           Reference in Title 5

A. Sma= ller number of bedrooms than presumed by Title 5=              15.002 Bedroom

B. Open space created in a Cluster Development=             &nb= sp;            =             &nb= sp; 15.002 Cluster

      &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;             <= /span>Development

C. A home with less than= 330 GPD flow      = ;            &n= bsp;            = ;            &n= bsp;           15.203

D. The number of bedrooms in a Condominium&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;    15.203

E. Installation of a tight tank  &nb= sp;            =             &nb= sp;            =             &nb= sp;        15.260(6)

F. Installation of an alternative technology        &= nbsp;           &nbs= p;            &= nbsp;    15.287(10)

G. Installation of a shared system            =             &nb= sp;            =             &nb= sp;            = 15.290(2)(e)

H. For Large Systems demonstration of an equal level o= f

   &nb= sp; environmental protection         =             &nb= sp;            =             &nb= sp;            =             &nb= sp;15.304(3)(b)6

I. A variance issued for = which a deed restriction is required-Title 5 = ;        15.413(1)

=

J. Facility Aggregation Plans        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;            15.216(5)(a)2

   = ;

245-17 Possession of Plan and Permit:=

All installers of On-Site Wastewater Disposal Systems shall have a copy of the stamped approved plan in their possession on the site while installing the system, to be available for the Board of Health Agent at the time of any inspection.

245-18 Extensive Rehabilitation of an Unoccupied Dilapidated Structure

The septic system must have been designed and installed in compliance with the latest septic regulations and have a current “passed” Title 5 inspection.

245-19 Revocation

The Board reserves the = right to revoke any approval, permit or Certificate of Compliance which is found to = be based on incorrect, incomplete or misleading information.=

245-20 Title 5 System Inspectors

All Title 5 inspections must be witnessed by an age= nt of the Board of Health unless a waiver is granted. All items included in a Tit= le 5 Inspection must be personally witnessed including but not limited to the nu= mber of bedrooms, laundry facilities, water filtration systems, the presence of a garbage grinder. The report must be specific as to the source of the information in the report. Example: “Plan located at Board of Health dated 5/16/2005”, or “septic plan from homeowner dated 5/16/200= 7”. ALL information needs to be verified. Agent must be notified at least 72 hrs in advance.

245-21 Title 5 Inspections

A.     All seepage pits must be located and inspected

B.     All cesspools systems shall constitute an automatic failure

C.     The Board or its agent may request a soil evaluation by a State Certi= fied Soil Evaluator for any Title 5 inspection.

D.    Private Wells must be tested as Part of the Title 5 inspection done f= or transfer of property.

E.     Ground water determination may be accomplished with the concurrence of Board of Health Agent in the following ways:

a.      Perc Test/ soil evaluation data done after October 1995

b.      Soil evaluation from nearby lot.

c.       Observe below the deepest component to show it is not sitting in groundwater.

d.      The location/elevation of the system in proximity to a body of water = or wetland.

e.      Other evidence of water table levels, i.e. sump pump, shallow well, l= ake level etc.

f.        Other methods listed in Title 5 inspector training book

Repairs to sanitary tees and the installation of risers do not need a Disposal Works Construction Permit from the Board. All other repairs will need a permit and require a licensed installer.

245-22 Plan Approval and Const= ruction Permit Expiration

All plans approved and construction permits granted will expire 3 years from the date of endorsement. If a Plan or Permit expires the applicant must resubmit the application and meet the then current regulations.

245-23 Wiring

Systems requiring power and/or alarms need a wiring permit and must meet all applic= able requirements.

        &= nbsp;   Additional requirements:      = ; All pumps need to be hard wired -NO PLUGS-

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; No plugs in pump chamber

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; All alarms need to be hard wired and on their own circuit.

245-24 Enforcement

A fine of $50/day will be imposed on anyone who knowingly violates the State and/or the Town’s Sanitary Code

TOWN OF WESTMINSTER

1. Initial inspection prior to filling the leaching area with fill (bottom of the bed/trench)

2. Completed system prior to backfilling

3. Final Grading inspection

A. Sma= ller number of bedrooms than presumed by Title 5= 15.002 Bedroom

B. Open space created in a Cluster Development= &nb= sp; = &nb= sp; 15.002 Cluster

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; <= /span>Development

C. A home with less than= 330 GPD flow = ; &n= bsp; = ; &n= bsp; 15.203

D. The number of bedrooms in a Condominium&nbs= p; &= nbsp; &nbs= p; &= nbsp; 15.203

E. Installation of a tight tank &nb= sp; = &nb= sp; = &nb= sp; 15.260(6)

I. A variance issued for = which a deed restriction is required-Title 5 = ; 15.413(1)