Town of Eastham MA - Board of Health Regulations

I Septic Systems - Title V

A. As- Built Requirements 4

B. Disposal Works Construction Permit Process 4

C. Septage Disposal Regulations 7

D. Local Amendments to Title V 9

E. Environmentally Sensitive Area 13

F. Nitrogen Loading Limitations 14

G. Septic Inspections 15

II Drinking Water

A. Private Well Regulations 17

III Human Habitation

A. Rental of Premises 27

IV Fuel Storage Systems 29

V Small Wastewater Treatment Facilities 34

VI Control of Toxic/Hazardous Materials 40

VII Plumbing Regulations 45

VIII Refuse and Septage Disposal Regulations 46

IX Transfer Station and Recycling Regulations 47

X Regulation Governing the Practice of Body Art 53

B. Purpose and Scope 53

E. Operation of Body Art Establishments 57

F. Public Notification Requirements 62

G. Client Records 62

H. Injury Reports 63

I. Records Retention 64

J. Preparation and Care of the Body Art Area 64

K. Sanitation and Sterilization Procedures 64

L. Requirements for Single-use Items 66

M. Permit Requirements 66

O. Grounds for the Denial of a Permit 68

P. Grounds for the Revocation Of, or the Refusal to Renew, a Permit 69

Q. Grounds for the Suspension of a Permit 70

R. Hearings………………………………………………………….70

U. Effective Date 71

XI Tobacco Control Regulations 73

Prohibition of Smoking in Public Places 74

Prohibition of Venting Machines 74

Prohibition of Smoking in Workplaces 74

Prohibition of Smoking in Food Service Establishments 74

Sale and Distribution of Tobacco Products 75

Violations, Enforcement, Penalties 76

XII Control of Nuisances 78

Regulation of Nuisances 78

XIII Additional Local Amendments to Title 5: Nitrogen Loading Regulations 80

A. Findings and Purpose 80

SECTION I SEPTIC SYSTEMS - TITLE V

A. As-Built Requirements

Under the provisions of the above cited regulations, NO Certificate of Occupancy, or Compliance will be granted, nor shall any building be occupied until a Certified “As-Built” Plan has been submitted to the Board of Health and/or the Massachusetts Department of Environmental Protection, if applicable, and approved, for any new construction, repair or alteration on an individual septic disposal system (ISDS).

As-Built plans submitted for the above purpose shall NOT contain any disclaimers.

(Published January 31, 1989)

B. Disposal Works Construction Permit Process

Preamble: For the purpose of ensuring compliance with standards for the health and safety of the inhabitants of the Town of Eastham, it shall be the duty of the Board of Health to permit all Disposal Works Construction for on-site sewage disposal systems. Certain local conditions regarding soil permeability or other topographical or regional conditions such as environmentally sensitive areas may be identified for which variances will not be granted.

Authority: In accordance with Massachusetts General Laws, Chapter III, Section 31, the Eastham Board of Health has adopted the following regulation to supplement the provisions of 310 CMR 15.00: The State Environmental Code, Title V: Minimum requirements for the subsurface Disposal of Sanitary Sewage, Section 15.020: Disposal System Construction Permits, and 310 CMR 15.400 to 15.415, variance sections.

1. Disposal Works Construction Permits are valid for three (3) years from the date of issuance, except in cases where a variance from the requirements of Title V, pursuant to 310 CMR 15.410 through 15.415, is granted. In those cases, the permit is valid for only one (1) year from the date of issuance. All variances, local upgrade approvals, etc., granted by the Eastham Board of Health are valid for the length of time for which the permit is valid, or for one year. No extensions shall be granted without re-application to the Eastham Board of Health. No more than one extension shall be granted. Re-application shall be made by a request in writing to the Eastham Board of Health at least six (6) weeks prior to the expiration of the permit.

2. PRIOR TO THE APPROVAL OF A BUILDING PERMIT, A DISPOSAL WORKS CONSTRUCTION PERMIT MUST BE OBTAINED FROM THE HEALTH DEPARTMENT. The following process must be followed:

a. Contact a Professional Engineer and/or Sanitarian to request a Soils Data and percolation test. Your engineer/sanitarian will arrange a date and time for the tests to be observed by the Health Department.

b. Submit three (3) sets of the site and sewage plans, one copy of the floor plan of the building, a completed APPLICATION FOR DISPOSAL WORKS CONSTRUCTION PERMIT, and a check for $100.00 made payable to the Town of Eastham. The application must contain the name of the installer licensed in the Town of Eastham, and MUST BE SIGNED by the Installer.

c If a new well is to be installed or an existing well relocated, approval will not be granted until the well is installed and certification is submitted as to the bacteriological and mineral content of the well by a State approved laboratory.

d. The submitted plans must show, at a minimum:

1. The lot to be served

2. Location and dimensions of the system (including reserve area)

3. Design calculations

4. Existing and proposed contours

5. Location and log of deep observation holes

6. Location and results of percolation tests.

7. Location of any streams, surface and subsurface drains, and wetlands within 100 feet of the sewage disposal system.

8. Known sources of water supply within 200 feet of the sewage disposal system.

9. Location of any proposed well to serve the lot.

10. Location of water lines on the property.

11. Maximum ground water elevation in the area of the sewage disposal system.

12. A profile of the system.

14. Slope calculations and requirements

15. Variances from Title 5 and/or Board of Health requirements

16. The plan must be prepared by a Professional Engineer, or other professional authorized by law to prepare such plans.

17. The scale used in the plan of construction or the “as-built” will not be smaller than one inch equals thirty feet (1:” = 40’).

18. Plan must be no larger than 11" x 17".

e. The approval of the Conservation Commission is required prior to the approval of the Board of Health, where applicable.

f. Upon approval of the APPLICATION FOR DISPOSAL WORKS CONSTRUCTION PERMIT, the Health Agent shall sign and date three (3) copies of the engineered site and sewage plan, and the DISPOSAL WORKS CONSTRUCTION PERMIT.

g. Upon completion of the construction and prior to back-filling, the installer will notify the Health Agent that the system is ready for inspection.

h. The Health Agent will inspect the system and permit back-filling upon final approval.

I. The Engineer/Sanitarian will provide an “AS-BUILT” plan to the Board of Health. Plan must be stamped by a Land Surveyor.

j. Following receipt and review of the As-Built plan, the Health Agent will date and sign the CERTIFICATE OF COMPLIANCE.

k. All plastic and concrete septic tanks shall be required to have watertight risers with covers over inlet and outlet ports to within six inches of finish grade. Manholes brought to final grade shall be secured to prevent unauthorized access.

l. All plastic and concrete distribution boxes shall be required to have watertight risers with covers over inlet and outlet ports to within six inches of finish grade. Manholes brought to final grade shall be secured to prevent unauthorized access.

Revised/Adopted July 20, 2001

Effective July 27, 2001

Amended/Effective April 29, 2004

Revised May 26, 2005

Effective July 1, 2005

C. Septage Disposal Regulations

1. All septage generated in the Town of Eastham from septic tanks, privies, cesspools, tight tanks, portable toilets (or any other device used to receive human waste) must be disposed of at the Orleans, Brewster, Eastham Groundwater Protection District Facility (Tri-Town Facility) located in Orleans, or as otherwise directed and authorized by the Board of Health.

2. Disposal of Sewage

a. Every place of human habitation shall have available a sanitary method for th disposal of all human excreta which shall meet with the approval of this Board of Health, its agents or inspectors.

b. Wherever a water carriage system is available, final disposal of these waters shall be made by means of one or other of the following methods:

1. Connection with a public sewage system where same is required by a regulation of this Board (General Laws, Chapter 83, Section 11).

2. A septic tank constructed in such a manner as hereinafter provided.

3. Such other methods as shall be approved by this Board.

3. All septic tanks hereafter installed shall be of approved construction and shall have a minimum capacity of 1,500 gallons. The effluent of a sewage disposal system shall be disposed of by means of

A septic system properly constructed, or

b. A subsoil drainage system laid out in a manner which shall meet the approval of this board.

4. Unless otherwise specified by the Board of Health, septic tank disposal fields, or other sewage disposal methods hereafter constructed and all wells and springs hereafter installed shall be so located that distance of not less than one hundred (100) feet shall intervene between any well or spring and any septic tank disposal field. All pipe lines used for the purpose of conveying sewage or house draining shall , where within fifty (50) feet of any well or spring, be constructed of cast iron pipe with leaded joints or in such manner as to be permanently water tight. The use of clay or terra cotta pipes with cement joints will not be approved.

a. In the absence of a water carriage system, disposal of human excreta shall be by means of a sanitary privy. All privies shall be of approved material and shall be so constructed as to prevent the access of flies to excreta or the deposit of same on the surface of the ground. Unless otherwise specified by the Board of Health, such privy shall be located not less than twenty (20) feet from line of adjoining lot and not less than twenty (20) feet from any street, court or passageway, all measurements being taken from the nearest outer point of the privy building. No permanent privy shall hereafter be constructed or maintained on premises which are provided with a water supply.

b. Temporary privies for the convenience of contractors and their employees may be erected or installed without a permit but only under the following conditions: The vault must be at least two (2) feet in depth and must be so located as to cause no annoyance to persons residing in the vicinity. The owner, contractor or agent shall cause the contents thereof to be treated in a sanitary manner and immediately upon the completion of the contract, the contractor shall remove the privy fill in the vault and leave the premises in a condition satisfactory to the Board of Health

5. Whenever a sewage disposal system or drain becomes offensive or obstructed, the owner, agent and/or occupant of the premises shall cause same to be cleaned or otherwise corrected.

6. No cesspool, septic tank, privy or other means of sewage disposal shall hereafter be constructed or installed in this Town until a permit has been obtained from the Board of Health.

No soil absorption system shall be located within one hundred (100) feet of any water body, water course, either permanent or intermittent, any vegetated wetland, fresh or salt, as determined by predominance or vegetational species; the top of any coastal bank; the landward toe of any primary dune or the spring high water mark on any salt water body or estuary; or the annual flood level of any fresh water body.

No septic tank shall be located within fifty (50) feet of any water body, water course, either permanent or intermittent, any vegetated wetland, fresh or salt, as determined by predominance or vegetational species; the top of any coastal bank; the landward toe of any primary dune or the spring high water mark on any salt water body or estuary; or the annual flood level of any fresh water body.

All holders of permits granted by the Board of Health, under Chapter III, Section 31A of the General Laws as amended for the removal and transport of contents of cesspools, septic tanks or privy vaults shall provide themselves with a water tight tank truck or vehicle to be used for this purpose. Dumping of final disposal of contents of tank truck or vehicle to be used for this purpose. Dumping of final disposal of contents of tank trucks or other vehicles shall be at such a place and in such a manner as provided by this Board of Health.

7. No dwelling unit or addition thereto shall be occupied by Certificate of Occupancy under the State Building Code issued by the Building Inspector until an “as built plan” under the seal of a registered land surveyor, or other professional authorized by law to prepare such plans showing the location of the foundation, septic system, and well relative to lot lines, wetlands, water courses, and other buildings and structures on the lot has been supplied to and approved by the Board of Health.

Adopted September 30, 1991

Effective October 8, 1991

Revised May 26, 2005

Effective July 1, 2005

D. Local Amendments to Title V

Regulation 1E -Policy and Guidelines for Title 5 State Environmental Code

In accordance with Massachusetts General Laws, Chapter III, Section 31, the Eastham Board of Health has adopted the following regulation to supplement the provisions of 310 CMR 15.00: State Environmental Code - Title V: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage. The Board feels that such a regulation for the Town of Eastham is necessary because there is no town water available. As such, every parcel in Eastham must have a well and an on-site Sewage Disposal System. These regulations will become effective January 1, 2000.

A room or portion of a dwelling providing privacy consisting of all of the following:

1. Floor space of no less than 70 sq. ft.

2. for new construction, a ceiling height of no less than 7' 3"

3. for existing houses and for mobile homes, a ceiling height of no less than 7' 0".

4. an electrical service and ventilation, and

5. at least one window.

Those rooms or portions of dwellings satisfying the foregoing criteria shall be considered “bedrooms” regardless of whether they are referred to or designated as a

Finished Cellar or Attic

A Loft Area in excess of 70 square feet

Enclosed Heated Porch, or

All lofts in seasonal houses

A dead end loft more than 70 square feet with 7' 5" of height

A loft where the loft and a bath are the only rooms on the floor

Rooms with finished cased openings less than 48 inches wide

Rooms with exterior doors may be bedrooms

A basement room may be a bedroom if it is a walkout room with building code conforming egress.

The following rooms or areas shall not be considered as a “bedroom”:

Unfinished Cellar or Attic

Unheated Porch or Storage Area

Unheated Storage Areas Over Garages

If it is necessary to walk through a loft to access a bath or other room, then the loft is NOT a bedroom; deduct the square footage of a walk-thru hallway from the total area in calculating a minimum 70 square feet, but not the square footage from a dead-end hallway.

Where the total number of rooms for a single family dwelling exceeds eight, not including the above list of exceptions, the number of bedrooms presumed shall be calculated by dividing the total number of rooms by two, then rounding down to the next lowest number.

b. New Construction for an Existing Dwelling:¹

1. No person shall apply for or obtain a building permit, foundation permit or occupancy permit allowing an increase to the habitable area or number of bedrooms of a residential dwelling or an increase to the area or occupancy of any non-residential building, until the Board of Health or its agent has determined that the existing sewage disposal system is adequate for the proposed increase or change in use. Prior to applying for any of the foregoing permits to increase the habitable area or number of bedrooms of a residential dwelling or to increase the area of occupancy or change the use of a non-residential building, the owner or its representative shall file with the Board of Health a site and sewage plan prepared by a Registered Professional Engineer or Sanitarian. Said plan shall indicate whether a sewage disposal system that complies with the requirements of Title V of the State Environmental Code, 30 CMR 15.00, and the Board’s sewage disposal regulations and well regulations, exists or can be installed on the property to accommodate the existing dwelling or building and the proposed increase or change in use.

2. Conversion of any seasonal dwelling to year round use shall require the installation of a new system or upgrade of the existing system sufficient to comply with the requirements of Title V and the Board’s Sewage Disposal Regulations, or certification of a Registered Professional Engineer or Sanitarian that the exiting system complies with Title V and the Board’s Regulations, and is adequate thereunder for the proposed use.

c. Failure of a Septic System:²

In addition to the general provisions of 310 CMR 15.303 for determining system failure, a septic system shall be considered to have failed when:

1. Any component does not function as intended according to criteria set forth in these regulations for each type of system in 310 CMR 15.303, or leading to the system failing to protect the public health.

2. The system caused effluent to be discharged to the surface of the ground, stream or other water course, or

b. A tank or cesspool is pumped to remove septic more than twice in any twelve month period, except that grease traps may be pumped in accordance with Title V, 310 CMR 15.05 (13).

c. As a result of an inspection as per 310 CMR 15.000 Subsection 15.301 (1) System Inspection (1) Inspection at time of transfer, if inspection reveals that the sewage disposal system consists of a single cesspool or a converted cesspool, the system shall be deemed substandard by the Board of Health and must be upgraded to comply with 310 CMR 15.404, the State Environmental Code, Title V, Minimum Requirements for the Subsurface Disposal of Sewage, as applicable.

3. Properties served by converted cesspool systems (one cesspool connected to another cesspool) will be considered to have failed, and upgrade of that system will be required whenever a septic system inspection is required. The septic system will be required to be upgraded to Title V conformance whenever a building permit is issued concerning increase to the shadow or footprint or volume of the dwelling or any redesign (excluding decks, sheds or other out buildings).

Laundromats, athletic clubs, food service or other establishments, determined to be high water users by the Board of Health, and are pumped frequently, shall be reviewed on a case-by-case basis.

d. New Septic System

A new septic system is one which is designed to serve a newly constructed building or one which is designed to handle an increase in sewage flow as required by changes in the building’s use.

e. Repair to a Failed System

A repair to a failed system is the replacement of a component or components to provide a working system of the same sewage flow.

f. Systems Serving New Construction

For systems designed in accordance with Title V prior to March 31, 1995, during which time the Transition Rules of 15.005 were in effect, “old systems”, the size of the existing system shall not be considered in determining the number of bedrooms currently allowed for the existing or new dwelling.

The maximum number of bedrooms allowed shall be determined by the number of bedrooms in the existing house, if there is one, or the size of the lot a per 310 CMR 15.214 Nitrogen Loading and 310 CMR 15.005 Transition Rules, whichever is greater.

g. Wetland/Wetland Resource Area:

1. A coastal wetland shall mean any coastal bank, costal beach, coastal dune, salt marsh, swamp, flat or other lowland subject to tidal action, as identified by Conservation Commission.

2. A fresh water wetland shall mean any bank, marsh, swamp, flat or other lowland around a body of fresh water; lake, pond, river or stream, subject to submersion due to rise and fall of the level of water in the fresh water body, as identified by Conservation Commission.

3. Or any wetland area identified in Wetland Resource Area, as identified in Wetland Protection By-Law.

Voted December 20, 1999

Effective January 1, 2000

Amended May 27, 2004

Effective May 28, 2004

E. Environmentally Sensitive Area

1. Definition - Environmentally Sensitive Area

a. Any wetland/wetland resource area as identified above, any land area (whether developed or not) that borders on and is within one hundred feet (100') of marshland, tidal flats, coastal dunes, barrier beaches, coastal banks, coastal beaches or surface water;

b. Any land area containing a maximum groundwater elevation (adjusted) which is six feet (6') or less below the natural ground surface elevation in the area of installation;

c. Any land area that encompasses existing or future public water supply well area identified by the Town of Eastham.

d. Terrestrial and/or aquatic plant/animal habitats of threatened or endangered species when certified, or identified by any agency that specializes in such taxonomy and/or environmental science. (Credibility of the certifying agency shall be determined by the Board of Health); and

e. Any land area of less than 20,000 square feet in size, developed or undeveloped, that is directly abutted by three or more developed or undeveloped properties of less than 20,000 square feet in size.

2. Requirements for Nitrogen Reducing Septic Systems

The use of nitrogen reducing septic system is required as a condition of any of the following variances in any lot determined to be an environmentally sensitive area:

1. Less than 100 feet separation distance exists between a drinking water supply well and a soil absorption system,

2. Soil absorption system is located less than 100 feet from a salt marsh or any marine surface water, or fresh surface water body

3. When the lot is defined a environmentally sensitive area any set back reduction is requested

4. Distance to adjusted high groundwater is less than 5 feet.

3. Whenever an alternative or pressure dosed system is permitted by the Board of Health, the licensed certified operator must submit operation, maintenance and testing results via internet (when available) via Barnstable County Department of Health and Environment Carmody Data Base or report directly to Eastham Board of Health if data base is not available.

In addition, no variance from applicable septage disposal regulations shall not be granted in environmentally sensitive areas, as defined in I E (1)above, unless the Board determines that exceptional circumstances exist.

Adopted July 20, 2001

Effective July 27, 2001

Amended May 26, 2005

Effective July 1, 2005

F. In order to specifically apply the nitrogen loading limitations of 310 CMR 15.214(1) to land area available for recharge, the Board of Health shall only consider “buildable upland” in order to calculate nitrogen loading limitations for new construction or increase in flow. This regulation shall apply in cases where the property extends into salt marshes, filled wetlands and land subject to tidal action.

BUILDABLE UPLAND: Buildable Upland shall be defined as land which is an area which is not swamp, pond, bog, dry bog, fresh or salt marsh, areas of exposed groundwater, stream and or which is not subject to flooding from high tides.

G. Septic Inspections

Unless inspected previously within two years under the terms of this regulation, the sewage disposal system shall be inspected by a licensed inspector approved by the Massachusetts Department of Environmental Protection whenever a property containing such a system is transferred by sale, exchange, gift, or bequest to a new ownership. A copy of the report of such inspection is to be furnished to the Health Department by the prospective new owner prior to the closing. Minimum requirements include engineered Title 5 plan with certified as-built. (Certified as-built will only be required if one was required when septic system was permitted)

The Health Department shall evaluate all such reports and determine whether or not it requires an upgrade of said disposal system to meet Title 5 and Board of Health regulations to the maximum feasible compliance.

A system that passes inspection shall be deemed to have met the standards of Title 5 that were in place when the system was permitted.

In making this decision, the Board shall consider:

(1) vertical separation between the bottom of the leaching facility and adjusted observed groundwater meets the minimum of 4 feet for existing 1978 code systems and 5 feet for 1995 code systems,

(2) location of abutting wells and septic systems of abutting properties,

(3) distance to wetlands,

(4) compliance with Title 5 when installed,

(5) evidence of overflow or filling,

(b) Other septic inspection requirements:

(6) Septic inspections must include uncovering an inspection port for the soil absorption system to evaluate distance to ground water or ponding.

(7) The septic inspector is required to complete the soil absorption system section of the state inspection form and include size of components (tank, soil absorption system ), amount of stone and consistency with the existing plan.

(3) All system components shall be require to install risers to within 6 inches of final grade if not already onsite including the septic tank inlet and outlet, d-box and the soil absorption system (fields are exempt)

This regulation shall not be effective at the conveyance or devise of the property to the surviving spouse. Any other transfer of ownership will trigger the requirement that a septic inspection be performed.

SECTION II DRINKING WATER