HomeMy WebLinkAbout2014 Apr 17 - Local and T5 Reg. Sections Re: Septic on Same LotTO:
FROM:
DATE:
TOWN OF
SOUTH YARMOUTH
THE TOWN OF YARMOUTH BOARD OF HEAL'.
& INTERESTED PARTIES
DALE D. KARNES, HEALTH OFFICER
TOWN OF YARMOUTH
AUGUST 16, 1978
SUBJECT: TOWN OF YARMOUTH BOARD OF HEALTH
SUB—SURFACE SEWAGE DISPOSAL REGULATIONS
ENCLOSED .ARE THE SUB—SURFACE SEWAGE DISPOSAL REGULATIONS HEREBY PROMULGATED BY
THE TOWN OF YARMOUTH BOARD OF HEALTH, TO REPLACE TOWN OF YARMOUTH SEWAGE
DISPOSAL REGULATIONS ADOPTED 8-29-73 AND 2-20-75.
THESE REGULATIONS ARE ADOPTED IN ACCORDANCE WITH PROVISIONS OF CHAPTER 111,
SECTION 31, AS AMENDED, MASSACHUSETTS GENERAL LAWS TER. ED. AND ARE BEING
ADOPTED TO SUPPLEMENT, CLARIFY, MODIFY, AND AUGMENT THE PROVISIONS OF TITLE V,
OF THE STATE ENVIRONMENTAL CODE.
APPLICANTS SHALL REFER TO THE MASSACHUSETTS ENVIRONMENTAL CODE FOR BASIC
REQUIREMENTS.
THESE TOWN OF YARMOUTH SUB—SURFACE SEWAGE DISPOSAL REGULATIONS SHALL TAKE EFFECT
ON AUGUST 25, 1978.
NO REGULATIONS HEREIN SHALL BE ENFORCED RETROACTIVELY.
... RESPECTFULLY SUBMITTED, _
DALE D. KARNES, HEALTH OFFICER
TOWN OF YARMOUTH
Note: Change in fees effective September 1, 2008:
Repair of septic system: $ 55.00
New septic system: $110.0-0.
Disposal Installer's License: $ 100.06 -
Percolation Tests $ 90.00
page 1 of 7
Sub-Surface Sewage Disposal Regulations I
(A) When the impervious material can be excavated to pervious '
material below� and be replace8 with clean fill; and the
underlying pervious strata is at least four (4) feet thick.
l (B) Where a depth of at least four (4) feet of pervious
material is natural soil, and can be maintained below the
bottom of the leaching area. In no case will excavation be
allowed into inq�ervious material without penetrating into
pervious material as in Regulation 2.17A.
2.18 MULTIPLE USE - The coa¢non use of an individual sewage system by IInre
than one property� dwelling, or other premi.se is prohibited� unless
written approval is obtained from the agent of the Board of Health.
The sewage disposal system shall be located on the one lot which it
serves.
2.19 MAINTENANCE - Every owner or agent of premises in which there are any
private sewers, individual sewage disposal systems� or other means of
sewage disposal shall keep the sewer, sewage disposal system, or
other means of sewage disposal in good repair. It is the
recommendation of the Board of Health that all of the aforementioned
systems be cleaned at least once every two years. Should the owner
or agent o£ any premise fai.l to keep the disposal facility in proper
working condition, the agent of the Board of Health shall cause the
disposal facilitp to be cleaned, or repaired, with all expenses
incurred to be paid by the ownet or agent of the premise(s) so
involved.
Z,22 gESERVE AREA/EXPANSION - All plans submitted for review and approval
shall contain an additional area reserved for future expansion of the
dispasal field, being at least equal to Che area of the disposal
field. The expansion area must conform to all requirements of the
regulations herein and to Title V of the D.E.Q.E. The ex�n,cion area
is to be kept open and �y not be built upon with the exception of
movable structures such as tool houses and above ground swiu¢ning
pools. However, uavable structures may not be constructed should
they preclude the expansion area from conforming to the minim�nn
distances as established in Regulation 3.7 of Title V.
REGULATION 3: LOCATION
3.4 PERCOLATION TESTS & OBSERVATION HOLES - All percolation tests shall
be conducted in accordance with the requirements of Title V of the
D.E.Q.E. and shall be performed on each lot where a septic system is
to be constructed except where the agent of the Board of Health d�mc
it unnecessary, which information shall also be recorded on both the
application and the submitted plan (Reg. 2.5). All percolation
tests shall be performed in the presence of the agent of the Board of
Health with prior notice of 48 hours provided to the agent of the
Board of Health. Percolation tests shall be conducted during the
"Iiigh Water" time of year, (November through June). If tests are
conducted during the months of July through October, the following
conditions shall be met to qualify for approval:
(1) Two (2) deep observation holes shall be cnsde on each lot,
with no silt, clay, or other impermeable soils foimd, up to
a depth of 10' .
page 5 of 7
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.002: wntinued
Dosina Chamber—A watertight structttre placed between a septic tank and either a distribution
box or soil absorption system which is equipped with a pump designed to discharge septic tank
effluent at a predetermined rate to a soil absolption system.
Drv Well-A pit with openyointed lining or holes HvougJi which srorm-water drainage from
roofs,basement floors,foundations or other azeas seeps into[he surrounding soil.
Dune-A coastal dune,as defined in M.G.L.c. 131,§40 and 3l0 CMR 10.28(2):Definition.
Dwelline-A building which is used,intended,or designed for human habitatioq including but
not limited,ro houses,hotels,motels,aparunents,mobile and modulazhomes and condominiums
and cooperazives.
Effective Capaciri-The volume of a tank below the desig�dischazge point,tiquid level line.
Effluent-Sanitary sewage dischazged into the environment,whether or no[treated.
Emereencv Reoair-The repair of a system which is necessary to prevent sewage backup into a
building surface breakout of sewage,or to alleviate an imminent danger to public health,safety
or the emironment in accordance with 310 CMR 15353.
Equalization Basin—A watertight tank or basin of sufficient size that has the capaciry to store
at a minimum the proposed daily design flows for the facility.
Facili -My real property(including any abutting ceal property)and any buildings thereon,
which is served, is proposed to be served, or could in the fu[ure be served, by a system or
systems,where:
(a) legal title is held or controlled by the same owner or owneis;or
(b) the local Approving Authority or the Department otherwise detercnines such real
property is in siugle ownership or con[rol pursuant to 310 CMR ISAI l(aggegation).
Failed Subsurface Sewaee Disoosal Svstem or Failed Svstem-A system which fails to protect
public health and safery or the environment as set forth at 310 CMR 15303 or 15304.
Familv Mobile Home Park-A facility upon which two or more mobile homes are bcated on a
continual or seasonal non-recreational basis,regardless of whether a chazge is made therefor.
Fill-The clean,uncontaminated,nonindigenous soil placed beneath,above,and/or azound a soil
absorption system,as specified in 310 CMR 15201 through 15293.
Foundation Drain—A drain uound a foundation,usually located at the footing,and consisting
of perforated pipe siurounded by crushed stone and filter fabeic.
Geotextile Fabric—A porous material suitable to prevent fines from migrating down through the
soil absorption system while still letting air circula[e.
Grease Trao-A watertight saucnue located on a building sewer before a septic tank in which
grease and oils are sepazated from other solid and liquid constituents of sewage and accumulated
in accordance with 310 CMR 15.230.
Grevwater-Any putrescible wastewater dischazged from domestic activities including but not
limited to washing machines, sinks, showecs,bath tubs, dishwashers, or other source except
toilets,urinals and any drains equipped with gazbage giinders.
Groundwater-Water found in cracks,fissures and pore spaces in[he saturated zone below the
ground surface,including but not limited to perched groundwater.
310 CMR: DEPAR'IMENT OF ENVIRONMENTAL PROTECTION
15204: Increases in Design Flow to Svstem
No person shall increase the actual or design flow to any cesspool or to any other system
above the existing approved capacity,or change the type of establishment of a faciliry served by
a cesspool,unless the cesspool or system is upgraded first. Upgrades to accept increased design
flow shall be performed in full compliance with the requirements applicable to new construction
unless a variance is allowed pursuant to 310 CMR 15.414. For puryoses of 310 CMR 15.204,
the approved design flow shall be the flow listed in the most recent Disposal Works Consavction
Permit.
15211: Minimum Setback Distances
(1) All systems must conform to the minimum setback distance for septic tanks,holding tanks,
pump chambers,treahnent units and soil absorption systems,including rese[ve area,measured
in feet and as set forth below. Where more than one setback applies,all setback requirements
shall be satisFed.
Septic Tank Soil Absorption Sys[em
Holding Tank
Pump Chamber
Treatment Unit
Grease Traps
PropertyLine IO[5] 10[5]
Cellar or Crawl Space Wall,
Swimming Pool(ingound),foundation drain 10 20
Slab Foundation 10 10
Water Supply Line(p�esswe) 10[t] 10[1]
Surface Waters(except wetlands) 25 50
Bordering Vegetated Wedand(BVW),
Salt Marshes,Inland and Coastal Banks 25 50
Surface Water Supply-
Reservoirs and Impoundments 400 400
Tributaries to Surface �
WaterSupplies 200 200 �
Wetlands bordering Surface Water Supply
or Tributary thereto 100 100
Certified Vernal Pools 50 100[2]
Private Water Supply Well or Suction Line 50 100
Public Water Supply Well (2) (2)
Imgation Well 10 25
Open,Surface or Subsudace Drains which
dischazge to Surface Water Supplies or
tributaries therero 50 100
Other Opeq Sudace or Subsurface Drains
(excluding fo�ndation drains)which
intercept seasonal high groundwater
table[3] 25 50
Other Open,Surface or Subsurface Drains
(excluding foundation drains) 5 ]0
Leaching Catch Basins&
Dry Wells 10 25
Downhill Slope not applicable 15[4]
[1] Disposalfacilitiesshallbeatleastl8inchesbelowwatersupplylines. Whereversewer �
lines must cross water supply lines,both pipes shall be consavcted of class 150 pressure pipe
and shall be pressure tested to assure watertightness.
[2] The required setback shall be 50 feet where the applicant has provided hydrogeologic
da[a acceptable ro the Approving Authority demonsuating that the location of the soil
absorption system is hydraulicallydowngradient ofthe vemal pool.Surface topogaphyalone
is not determinative.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.211: continued
� [3] Surface or subsurface drains which will regulazly or periodically intercept the seasonal
high groundwater table and carry that groundwater away from an area must meet the
specified setbacks.
[4] Thesetbackdistanceshallbemeasuredfromanaturally-occurringdownhillslopewhich
is not steeper than 3:1 (horizontal:vertical). A minimum 15 foot horiwntal separation
distance shall be provided between the top of the two inch layer of'/e to%z inch washed stone
above the pipe,or the geotex[ile material above the pipe or the[op of the chamber and the
adjacent downhill slope. For a system located in an azea with any adjacent na[urally
occumng downhill slope steeperthan 3:1,slope stabiliza[ion shall be provided in accordance
with best engineering practice which may include consavction of a retaining wall designed
by a Massachusetts Registered Professional Engineer.
[5] Locating a system componeut or any part thereof beyond a propecty line of the faciliry,
whether pursuant to an easement or otherwise,requires a vaziance issued in accordance with
310 CMR 15.41Q except that the placement of fill or gading material beyond the property
line of the faciliry,ptusuant W an easement or otherwise,shall not require a variance under
310 CMR 15.410.
(2) No system shall be constructed within a Zone I of a public water supply well or wellfield.
No system shall be upgraded or expanded within a Zone I of a public water supply well or
wellfield unless a variance is granted pursuant to 310 CMR 15A 10 through I SR15.
(3) Allse[backdistancesfromwaterbodiesshallbemeasuredfromthebankofthewaterbody.
All setback distances from wetlands shall be measured in accordance wi[h[he criteria of the
Wetlands Protection Act and 310 CMR 10.00: Wetlands Protection, from the most landward
edge of the following Features:bordering vegetated wetland as defined in 310 CMR ]0.55(2):
Definition,Critical Characteristics and Boundary;salt marsh as defined in 310 CMR 1032(2):
Defanilions; top of inland bank as defined in 310 CMR 10.54(2): Definition, Critical
Characteristics and Boundary; or top of coastal bank as defined in 310 CMR 1030(2):
Definition. In the event of disputes conceming landwazd boundary of resources subject to the
Wetlands Protection Act,the boundary shall be as delineated by the municipal Conservation
Commission or the Department in accordance with 310 CMR 10.00: Wetlands Protection,and
relevant intecpretive guidance documents.
15212: Deoth to Groundwater
(1) The minimum vertical separntion distance between the bottom of the srone underlying the
soil absorption system above the high ffound-water elevation shall be
(a) four feet in soils with a recorded percolation rate of more[han hvo minu[es per inch;
(b) five feet in soils with a recorded peroolation rate of two minutes or less per inch.
(2) For systems with a design flow of 2,000 gpd or geater, the separation from high
groundwater as required by 310 CMR 15.212(1)shall be calculated after adding the effect of
groundwater mounding to the high groundwater eleva[ion as determined pursuan[to 310 CMR
15.103(3).
15213: Construction in VelociN Zones and Floodwavs
(1) No septic tank or humus/composting toilet shall be wnstructed in a velocity zone on a
coastal beach,barrier beach, or dune, or in a regulatory floodway, except a sep[ic tank that
replaces a tank in existence on the site as of March 31, 1995 that has been damaged,removed
or destroyed,where placement of the tank outside of the vebcity zone or regulatory floodway,
either horizontalty or vertically,is rto[feasible. Where reconstruc[ion of a system in existence
on March 31,1995 occurs or reconstrvction of a building or buildings is allowed in accordance
with the Wetlands Pmtection Act and 310 CMIL 10.00: Wetlands Protection, it shall be
presumed to be feasible to elevate the ta.Iilc if the building is elevated above the velocity zone or
regulatory floodway.
(2) No soil absorption system shall be constructed in a velocity zone on a coastal beach,barrier
beach,or dune,or in a regulatory floodway,unless
(a) the system is to serve a building or buildings that were in existence on March 31, 1995
or reconstruction of such building or buildings where allowed in accordance with the
Wetlands Protection Act,M.G.L.c.140,§l31 and its implementing regulations as 310 CMR
10.00: WetTands Protecdaon;