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PRIVATE WELL REGULATIONS SOUTHBOROUGH
BOARD OF HEALTH DECEMBER 17, 1991
It is the purpose of these regulations to protect
the public health, safety and welfare by ensuring
that housing units lacking access to public water
supplies have a supply of safe drinking water from
private wells and to provide for the protection of
the town’s groundwater resources.
In accordance with the authority granted by M.G.L.
Ch. 111 sec. 31 the Board of Health herby adopts the
following regulations regarding the construction of
and the water quality of private drinking water wells
and wells used for purposes other than drinking water.
Any and all previous regulations concerning private
wells are hereby repealed.
1.0 WELL
CONSTRUCTION PERMIT:
1.1 No person shall install a private drinking
water well or a well to be used for a purpose other
than drinking water until a completed application
has been submitted to the Board of Health and a well
construction permit has been issued.
1.2 A fee may be charged for plan
review, and for the permit to construct a well.
The fee is considered part of the application. The
current fee will be posted in the offices of the Board
of Health and the Town Clerk
1.3 The application shall
include:
(a) The property owner’s name and address.
(b) The well driller’s name and business address
and proof of valid state registration.
(c) Two (2) copies of a site plan prepared by a professional
engineer or registered sanitarian.
1.4 Well construction permits are not
transferable and expire after one (1) year. Permits
may be renewed if in the opinion of the Board of Health
the conditions on which the design is based are unchanged
and the design conforms with current state and local
applicable regulations.
1.5
Every licensee (permitee) must notify the Board
of Health of any changes of status or address.
2.0
SITE PLAN:
2.1
The plan must provide
the property owner’s name, and identify the property
location by street name and number, and the assessor’s
map and parcel number in the lower right hand corner.
2.2 The
submitted plan must be drawn using a 1” = 20’ scale.
Another scale will require prior approval form the
Board of Health or its Agent.
2.3
North must be indicated
on the plan and a minimum of two benchmarks must be
given. Existing and proposed contour intervals shall
be no less than two foot.
2.4
Property lines must
be actual.
2.5 Existing
or proposed above and/or below ground structures must
be shown.
2.6 A
description and location of visible and or known prior
and current uses of the property within two hundred
(200) feet of the proposed well location, which represent
a potential source of contamination must be shown.
2.7
The permit shall be on site at all times that work
is taking place.
3.0
WELL LOCATION AND USE REQUIREMENTS: Each
private well shall be accessible for repair, maintenance,
testing and inspections.
3.1
When possible, the well shall be located upgradient
of all potential sources of contamination and shall
be as far removed from potential sources of contamination
as practical, given the layout of the property.
The following minimum lateral distances shall apply:
| SOURCE
OF CONTAMINATION |
MINIMUM
LATERAL DISTANCE |
| Driveway
|
25
Feet |
| Property
Line |
10
Feet |
| Public
Way |
25
Feet |
| Right
of Ways |
15
Feet |
| Stable,
barnyard, manure storage |
100
Feet |
| Septic
Tank |
100
Feet |
| Subsurface
Sewage Disposal Field |
100
Feet |
| Underground
fuel storage tank |
200
Feet |
| Wetland
or High Water Elevation of any lake, pond, river
stream or ditch |
25
Feet |
3.2
The centerline of a well shall, if extended vertically,
clear any projection from an adjacent structure by
at least five (5) feet.
3.3
When possible, private water systems shall be located
in areas above the 100-year floodplain.
3.4
A suction line from a well shall be located a minimum
of 10 feet from a building sewer constructed of durable
corrosion resistant material with watertight joints,
or 50 feet from a building sewer constructed of any
other type of pipe; 50 feet from a septic tank; 100
feet from a leaching field; and 100 feet from a privy.
3.5
Pressure water supply lines shall be installed at
least 10 feet from and 18 inches above any sewer line.
Whenever water supply lines must cross sewer lines,
both pipes shall be constructed of class 150 pressure
pipe and shall be pressure tested to assure water
tightness.
3.6
The Board reserves the right to impose minimum lateral
distance requirements from other potential sources
of contamination not listed above. All such special
well location requirements shall be listed as a condition
of the well construction permit.
3.7
No private well, or its associated distribution system,
shall be connected to the distribution system of a
public water supply.
4.0
WATER QUANTITY REQUIREMENTS: The applicant
shall submit to the Board for review and approval
a Pumping Test Report. The Pumping Test Report shall
include the name and address of the well owner, well
location which must be referenced to at least two
permanent structures or landmarks, date the pumping
test was performed, depth at which the pump was set
for the test, location of the discharge line, static
water level immediately before pumping commenced,
discharge rate and, if applicable, the time the discharge
rate changed, pumping water levels and respective
times after pumping commenced, maximum drawdown during
the test, duration of the test, including both the
pumping times, and recovery time during which measurements
were taken, recovery water levels and respective times
after cessation of pumping, and reference point used
for all measurements.
In order to demonstrate the capacity of the well
to provide the Required Volume of water, a pumping
test shall be conducted in the following manner:
(1)
The volume of water necessary to support the household’
daily needs shall be determined using the following
equation: (number of bedrooms plus one bedroom) X
(110 gallons per bedroom) X (a safety factor of 2)
= number of gallons needed daily.
(2)
The storage capacity of the well shall be determined
using the measured static water level and the depth
and radius of the drillhole or casing
(3)
The Required Volume shall be calculated by adding
the volumes of water in (1) and (2) It is this volume
of water that must be pumped from the well within
a 24 hour period.
5.0
WATER QUALITY REQUIREMENTS;
After the well has been completed and disinfected,
and prior to using it as a drinking water supply,
a water quality test shall be conducted.
A water sample shall be collected by a laboratory
certified by the Commonwealth for drinking water analysis
either after purging three well volumes or following
the stabilization of the p H , temperature and specific
conductance in the pumped well. The water sample
to be tested shall be collected at the pump discharge.
In no event shall a water treatment device be installed
prior to sampling.
The water quality test, utilizing approved drinking
water test methods, shall be conducted by a laboratory
certified by the Commonwealth for drinking water analysis.
This test shall include analysis for those parameters
that the Commonwealth of Massachusetts has established
maximum contaminant levels (MCLs) in 310 CMR 22.00
for groundwater as follows:
A. Required ParameteRS:
Bacteria
Inorganic
Compounds to include toxic metals
Volatile Organic
Compounds B. Site-Specific Required
Parameters:
Organic Compounds such as pesticides and herbicides,
Radionuclides
Following a receipt of the water quality test results,
the applicant shall submit a Water Quality Report
to the Board which includes:
-
•
a copy of the certified laboratory’s test results.
-
•
the name of the individual who performed the sampling.
-
•
where in the system the water sample was obtained.
The Board reserves the right to require retesting
of the above parameters, or testing for additional
parameters when, in the opinion of the Board, it is
necessary due to local conditions or for the protection
of the public health, safety, and welfare. All costs
and laboratory arrangements for the water testing
are the responsibility of the applicant.
6.0
WELL CONSTRUCTION REQUIREMENTS Any work
involving the connection of the private well to the
distribution system of the residence must conform
to the applicable codes.
A physical connection is not permitted between a water
supply, which satisfies the requirements of these
regulations, and another water supply that does not
meet the requirements of these regulations without
prior approval of the Board.
A.
General Well Design and Construction
All private water supply wells shall be designed such
that:
-
•
The materials used for the permanent construction
are durable in the specific hydrogeological environment
that occurs at the well site.
-
•
No unsealed openings will be left around the well
that could conduct surface water or contaminated
groundwater vertically to the intake portion of
the well or transfer water from one formation
to another.
-
•
Permanent construction materials shall not impart
toxic substances, taste, odors or bacterial contamination
to the water in the well.
B.
Well Completion Report Upon completion of
the well the driller shall submit to the Board of
Health its copy of the “WATER WELL COMPLETION REPORT”
7.0 WATER
SUPPLY CERTIFICATE : No well will be put into
use until the Board of Health has issued a “Water
Supply Certificate” indicating that the
well has been located and constructed in accordance
with these regulations and that the water is of the
quantity and quality required by these regulations.
The Board of Health shall require supervision of
all construction and testing by the designer and require
him to certify in writing that all work has been completed
in accordance with the terms of the permit and the
approved plans.
8.0 DECOMMISSIONING
REQUIREMENTS : Abandoned wells, test holes,
and borings shall be decommissioned so as to prevent
the well, including the annular space outside the
casing, from being a channel allowing the vertical
movement of water.
9.0
VARIANCES : The Board of Health may vary
the application of any provision of these regulation,
with respect to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice;
provided, that the decision of the Board of Health
shall not conflict with the spirit of any minimum
standards established by these regulations. Any
variance must be requested in writing. Any variance
granted by the Board of Helath shall be in writing.
A copy of any such variance shall, while it is in
effect, be available to the public at all reasonable
hours in the office of the Board of Health.
10.0 ENFORCEMENT
: The Board of Health, its agents, officers,
and employees, shall have the authority to enter upon
privately owned land for the purpose of performing
their duties for the administration and review of
this regulation, and may make or cause to be made
such examinations, surveys, or samplings as the Board
of Health deems necessary.
The Board shall have the
authority to enforce these regulations and permits
issued therunder by violation notices, administrative
orders, and civil and criminal court actions.
Any
person who violates any provision of this regulation
or permits issued hereunder, shall be subject to afine
of not more than three hundred dollars. Each day
or portion thereof constitutes a separate offense,
and each provision of the regulation or permit that
is violated shall constitute an separate offense.
As an alternative to criminal prosecution the Board
may elect to utilize the non-criminal disposition
procedure set for in M.G.L. Chapter 40, section 21D.
For the purpose of this provision, the penalty to
apply in the event of a violation shall be as follows:
$25.00 for the first offense; and $50.00 for the
second offense; $100.00 for the third offense; and
$200.00 for the fourth and each subsequent offense.
Each day on which a violation exists shall be deemed
a separate offense.
11.0
HEARING The private well owner to whom any
order has been served may request a hearing before
the Board by filing with the Board within 7 days after
the day the order was served, a written petition requesting
a hearing on the matter. Upon receipt of such petition
the Board shall set a time and place for such hearing
and shall inform the well owner thereof in writing.
The hearing shall be commenced not later than 30
days after the day on which the order was served.
The Board, upon application of the well owner, may
postpone the date of the hearing for a reasonable
time beyond such 30 day period if, in the judgment
of the Board, the well owner has submitted a good
and sufficient reason for such postponement. At
the hearing the well owner shall be given a opportunity
to be heard and to show why the order should be modified
or withdrawn. After the hearing, the Board shall
sustain, modify, or withdraw the order and shall inform
the well owner in writing of its decision. If the
Board sustains or modifies the order it shall be carried
out within the time period allotted in the original
order or in the modification.
12.0
INVALIDATION: If any section, paragraph,
sentence, clause or phrase of these rules and regulation
shall be decided invalid for any reason whatsoever,
such decision shall not affect the remaining portions
of these regulations, which shall remain in full force
and effect.
13.0
REPEAL: All previous
rules and regulations relating to private drinking
water wells in the Town of Southborough are hereby
repealed.
14.0 ADOPTION: These rulers and regulations
were adopted by vote of the Board of Health and are
to be in full force and effect upon publication in
a newspaper serving the residents of the community.
December 17, 1991
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