SECTION 1.  PURPOSE

These regulations are intended to promote the public health and general welfare by ensuring that private wells are constructed in a manner which will protect the quality of the groundwater derived from private wells.

SECTION 2.  AUTHORIZATION

These regulations are adopted pursuant to Chapter 111, Section 31 of the Massachusetts General Laws as amended.

SECTION 3.  DEFINITIONS

As used in these regulations, the following terms shall be defined and interpreted as follows:

Abandoned Water Well:  A private well that has not been used for water supply for a period of one year or more and which the owner does not intend to use again for supplying water.

Agent:  The Nashoba Associated Boards of Health (hereinafter referred to as Nashoba) serving as the agent for the Board of Health, as provided by Chapter 111, Section 27A.

Aquifer:  A water-bearing geologic formation that contains water in sufficient quantities to supply a well.

Person:  An individual, corporation, company, association, trust, or partnership.

Potable Water:  Water that is safe and fit for human consumption.

Private Well:  A water supply well which will not serve either a number of service connections or a number of individuals sufficient to qualify as part of a public water system as defined in 310 CMR 22.02.

Regulating Agency:  The Boxborough Board of Health through its agent, the Nashoba Associated Boards of Health.

Sanitary Landfill:  A private or municipally operated facility where trash is deposited and covered with earth.

Well:  A bored, drilled or driven shaft, or a dug hole with a depth greater than its largest surface dimension.

Well Driller:  Any person who is licensed by the Water Resources Commission (as defined by Chapter 620 of the Acts of 1956, as amended) to construct wells.

SECTION 4.  REQUIREMENTS FOR PRIVATE WELLS

4.1  No private well shall be deemed a source of potable water unless it is constructed in accordance with these regulations.  No well shall be destroyed except in accordance with these regulations.

4.2  For each private well constructed after the effective date of these regulations, there shall be:
 (a) a well construction permit application;
 (b) a well construction permit;
 (c) a water quality analysis;
 (d) a certificate of compliance with the terms of the permit;
 (e) a well driller’s report.

4.3  For each private well destroyed after the effective date of these regulations, there shall be:
 (a) a well destruction permit application;
 (b) a statement of well abandonment from the owner;
 (c) a well destruction permit;
 (d) a well driller’s or contractor’s report of destruction.

4.4  The Board of Health or its agent shall investigate violations of these regulations or of any permit issued and may take such actions as it may deem necessary for the protection of public health and to restrain violations of these regulations.

4.5  Whosoever violates these regulations shall be punished by a fine of not more than five hundred dollars payable to the Town of Boxborough.

SECTION 5.  WELL CONSTRUCTION OR DESTRUCTION PERMITS

5.1  No person shall engage in the business of constructing or destroying private wells within the Town of Boxborough under these regulations unless registered as a well driller with the Water Resources Commission pursuant to 313 CMR 3.00.

5.2  A well construction or destruction permit shall be obtained from Nashoba prior to the construction or destruction of any private well.

5.3  An application for a well construction or destruction permit shall be submitted by the well driller or his agent to Nashoba on a form furnished by Nashoba.

5.4  The general location and design of a proposed private well along with a description of possible sources of contamination within 400 feet of the proposed well shall be submitted to Nashoba as part of the application for a well construction permit.

5.5  The specific location and design of the abandoned private well along with a written statement from the owner that the well is abandoned, shall be submitted to Nashoba as part of the application for a well destruction permit.

5.6  Fees for a well construction or destruction permit will be determined and charged by Nashoba.

SECTION 6.  WELL DRILLER’S REPORTS

6.1  Within thirty days after completion of the construction of any well, the well driller shall submit to Nashoba a report containing the following information:
 (a) the name of the owner of the well;
 (b)  the address of the property served (including street number, lot number, and assessor’s parcel number);
 (c)  the depth, size and method of construction of the well;
 (d)  the location as shown on a sketch plan which shall show the distance from the well to at least two permanent landmarks;
 (e) the static water level;
 (f)  the yield of the well after eight hours of pumping;
 (g)  the well driller’s log information.

6.2  Within thirty days after completion of the destruction of any well, the well driller or contractor shall submit to Nashoba a report containing the following:
 (a) the name of the owner of the well;
 (b) the address of the property served;
 (c) method of sealing, including materials used.

SECTION 7.  WELL LOCATION

7.1  In establishing the location of a well, the well driller shall identify sources of contamination which exist within 400 feet of the proposed well site.  The following minimum lateral distances from contamination shall apply:

 Source of Contamination   Minimum Lateral Distance

 Subsurface sewage disposal system    100 feet
 Property line or common way       10 feet
 Public way         35 feet
 Active or closed sanitary landfill    400 feet
 Hazardous waste spill site     400 feet

7.2  Where, in the opinion of Nashoba, adverse conditions exist, the above distances may be increased or special means of protection may be required.  These special requirements shall be added to the well construction permit by Nashoba.

7.3  Where possible, the well shall be upgradient of sources of contamination.  The top of a well shall be higher than any surface sources of contamination and above any known conditions of flooding by drainage or runoff from the surrounding land, unless otherwise adequately protected.

SECTION 8.  WELL CONSTRUCTION STANDARDS

Wells shall be constructed in conformance with the recommendations of the latest edition of the Manual of Individual Water Supply Systems, U.S.E.P.A. Office of Drinking Water (exception: springs shall not be used as a potable water supply).

SECTION 9.  DISINFECTION AND OTHER SANITARY REQUIREMENTS

All private wells shall be disinfected following construction, rehabilitation, and well or pump repair before the well is placed into service.  The well shall be pumped to waste (not to the septic system) until the water is as clear as possible.  Thereafter the well and pumping equipment (and plumbing if installed) shall be disinfected with a solution containing at least 50 ppm of chlorine.  The well shall remain in contact with the chlorine solution for a minimum of 24 hours before the well is pumped to waste (not to septic system) and the water found to be free of disinfectant.

SECTION 10.  WELL DESTRUCTION

A well that is abandoned shall be destroyed to protect the groundwater supply and to eliminate potential physical hazards.  Wells shall be sealed with non-hazardous, impervious materials which shall be permanently in place.  All casing materials, pumping equipment, and distribution lines shall be removed.  The excavation shall be returned to the current existing grade of the surrounding land.

SECTION 11.  WATER SAMPLING

11.1  The well driller, pump contractor, or agent of the owner shall collect water samples immediately following development and disinfection of a well.  A representative sample for laboratory analysis shall be collected at pump discharge or from a tap in the pump discharge line.

11.2  Nashoba or the Board of Health may require that the sample be taken in their presence.

11.3  Chemical and bacteriological analyses shall be made and approval of the results by Nashoba shall be obtained before the well shall be put into service as a potable supply.

11.4  The water sample shall be analyzed by a laboratory certified to perform drinking water analysis by the Department of Environmental Quality Engineering.

SECTION 12.  WATER QUALITY

12.1  Water samples submitted for bacteriological analysis shall meet the standard of zero total coliform per 100 ml of sample using a method accepted in the latest edition of Standard Methods for the Examination of Water and Wastewater, American Public Health Association.

12.2  Nashoba or the Board of Health may require that a chemical analysis be performed on the well water.  Such a requirement shall specify which chemicals shall be tested.

SECTION 13.  VARIANCES

13.1  Variances may be granted only as follows:  the Board of Health may vary the application of these regulations with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and the applicant has proven that the same degree of public health and environmental protection required under these regulations can be achieved without strict application of a particular provision(s).

13.2  Variance requests shall be in writing to the Board of Health.  The Board of Health shall grant, modify, or deny a variance in writing.

SECTION 14.  SUBSTANTIVE PROCEDURES

Substantive procedures shall be performed as specified in 105 CMR 400.100.
 

BY:  BOXBOROUGH BOARD OF HEALTH

____________________________
Marie Cannon, Chairperson

____________________________
Philip Alvarez, Member

____________________________
Bryan Lynch, Member
 
 
 

TOWN OF BOXBOROUGH TOBACCO SMOKING AND SALE BY-LAW
 

SECTION I   AUTHORITY

There exists: (1) conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, and precipitates allergic and hypersensitivity reactions of the lungs, eyes, nose, and throat in nonsmokers exposed to second-hand smoke; and (2) ample concern that minors have access to tobacco products, despite State laws that prohibit such access.  Therefore, this bylaw is adopted to protect and maintain the good health of the residents of Boxborough, MA.  Future tobacco regulations, if necessary, may be made by the Board of Health, separate and aside from this bylaw, pursuant to M.G.L. C. 111, Sec. 122.
 

SECTION II   DEFINITIONS

As used in this bylaw:

Bar: an area that is dedicated primarily to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

Private Business: any non-municipal enterprise that does not come into daily contact with the public as part of its normal course of business, except for certain places in their buildings, including elevators, stairwells, halls, entranceways, and public restrooms which will be regarded as public places.

Public Place: an enclosed, indoor area open to and used by the general public, including but not limited to the following facilities: auditoriums; licensed childcare locations; educational facilities; churches; elevators accessible to the public; hotel lobbies; stairwells, halls, entranceways, and public restrooms; libraries; municipal buildings; retail stores; retail food establishments; indoor sports arenas or facilities; and any rooms or halls when used for public meetings.  A room or hall used for a private social function in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements shall not be construed as a public place.  Private businesses, except for those areas mentioned above, will not be considered public places.

Restaurant: any establishment serving food for consumption on the premises.

Retail Food Establishment: any business commonly known as a convenience store, supermarket, or grocery store in which the primary activity is the sale of food items to the public for off-premise consumption.

Smoking means the lighting of any cigar, cigarette, pipe, or other tobacco product or possessing any lighted cigar, cigarette, pipe or other tobacco product.

SECTION III   PROHIBITION ON SMOKING IN PUBLIC PLACES

A. Places Affected

 No person shall smoke in any public place except as where specifically defined herein.  No place shall be required to provide smoking areas.

 1. Restaurants and Bars

  a. Smoking is prohibited in all restaurants with the exception of the bar (see below).

  b. Seats at a bar, within ten feet of the bar counter, may be designated as a smoking area.

 2. All Other Public Areas

  Tobacco smoking is prohibited in all other Public Areas (as previously defined).

 3. All Other Areas

  Smoking is permitted, with the consent of the owner, in all areas not specifically addressed elsewhere in this bylaw.  This includes but is not limited to: private residences, private hotel lodgings, hotel conference/meeting rooms, and private assembly rooms while these places are being used for private functions.

B. Implementation

 The proprietor or other person(s) in charge of a public place shall prevent smoking in nonsmoking areas by all of the following:

 1. Conspicuously posting:

  a. A notice or sign at each entrance to the public place indicating smoking is prohibited therein; and

  b. “No Smoking” signs, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every area where smoking is restricted by this bylaw;

 2. Asking patrons who may be smoking in the nonsmoking area to either refrain from smoking or to move to a smoking area;

 3. Using any other means which may be reasonable and appropriate to enforce this bylaw, including the summoning of the police, if necessary.

C. Enforcement

 1. Any member of the Boxborough Police Department, Boxborough Board of Health, the Health Agent for the Nashoba Associated Boards of Health or other individuals so designated by the Boxborough Board of Health, is hereby authorized to enforce this bylaw.

 2. Any person who smokes in a nonsmoking area shall be subject to a fine of twenty dollars ($20.00) for each violation.

 3. Any proprietor(s) or other person(s) in charge of a public place who fail(s) to comply with these regulations shall be subject to both:

  a. A fine of fifty dollars ($50.00) for each day a violation continues; and

  b. Suspension of any license issued by the Board of Health for the public place for a period of up to two days for each day of noncompliance.  Reissue of such license shall require payment of the usual and customary application fee for that license.

 4. Any person aggrieved by the willful failure or refusal to comply with this bylaw in any municipal building may complain in writing to the head of the department or agency occupying the area where the violation takes place.  Said agency or department head shall respond in writing within seven (7) days to the complainant that he/she has enforced the provisions of this section as provided herein.

SECTION IV   PREVENTING TOBACCO SALES TO MINORS

A. Current Massachusetts State Law Provides:

 1. Sales to Minors

  In conformance with M.G.L., C. 270, Sec. 6, available from the Massachusetts Department of Public Health, any person who sells tobacco in any of its forms to any person under the age of eighteen (18) or, not being his parent or guardian, gives tobacco in any of its forms to any person under the age of eighteen (18), shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200.00) for the second offense and not less than three hundred dollars ($300.00) for any third or subsequent offense.

 2. Posting of State Law

  In conformance with M.G.L., C. 270, Sec. 7, a copy of M.G.L., C. 270, Sec. 6, shall be posted conspicuously by the owner or other person in charge thereof in the establishment used to sell cigarettes at retail.  The notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner that it may be readily seen by a person standing at or approaching the cash register.  Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four (4) feet or greater than nine (9) feet from the floor.  For all other cash registers through which tobacco products are sold, a notice shall be attached which is no smaller than nine (9) square inches, which is the size of the sign provided by the Massachusetts Department of Public Health.

B. Boxborough Bylaw

 1. Sales to Minors

  No person or business shall sell or provided tobacco in any of its forms to any person under the age of eighteen (18).

 2. Vending Machines

  Cigarette vending machines, or any other devices used for the sale or distribution of tobacco products, are prohibited, unless said machine is equipped with an operational lock-out device approved by the Board of Health.  This device shall prevent sales from the machine unless an employee manually releases the lock for a single sale.  The release mechanism must not allow continuous operation and must not be accessible to non-employees.  Vending machines shall be posted with a sign stating that it is equipped with a lock-out device and identify the person(s) to contact to purchase cigarettes from the machine.  The operator of the vending machine shall be liable for all illegal sales to minors, as specified below under (C) Enforcement.

 3. Location of Free-standing Displays

  Free-standing Displays of cigarette products, from which individual packages or cartons may be accessed, must be located behind the counter or otherwise beyond arm’s reach of customers.

 4. Sales by Persons Under Age 18

  No persons or entity selling tobacco products shall allow anyone under eighteen (18) years of age to sell cigarettes or other tobacco products until such employee reads the Board of Health regulations and State laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the office of the Board of Health, that he/she understands and will uphold this bylaw.

 5. Permit Required

  It shall be unlawful for a retailer to sell cigarettes or other tobacco products unless that retailer holds and maintains a valid tobacco retailer permit from the Town of Boxborough.  Any person, business, or establishment currently selling tobacco within Boxborough shall file an application for a tobacco sales permit or cease all tobacco sales.  The term of the permit shall be one calendar year if, and only if, the licensee complies with this bylaw.  This permit requirement shall not apply to cigarette vending machines licensed pursuant to M..G.L. C. 64C, Sec. 2.

  a. Fee for Permit

   The fee for a one-year tobacco retailer’s permit is twenty-five dollars ($25.00), for each retail location.

  b. Non-transferability

   A tobacco retail permit is non-transferable, however, a new permit will be issued to a tobacco retailer who changes location within the Town of Boxborough.

C. Enforcement

 1. Fines and Revocation of Tobacco Permit for Sales to Minors

  Fines shall be levied and permit suspended as follows:

  i. In the case of a first violation, the licensee shall be fined one hundred dollars ($100.00) and shall be notified in writing of penalties levied for further violations.

  ii. In the case of a second violation within 12 months of the first, the licensee shall be fined two hundred dollars ($200.00) and the permit shall be suspended for not less than seven (7) consecutive business days, nor more than thirty (30) calendar days.

  iii. In the case of three or more violations within any 12-month period, the licensee shall be fined three hundred dollars ($300.00) and the permit shall be revoked for not less than thirty (30) calendar days nor more than six (6) calendar months from the date of revocation.

 2. Any person who violates any aspect of this bylaw, other than the sale of tobacco products to minors (see above), shall be punished by a fine of twenty-five dollars ($25.00).

 3. The aforementioned State Laws and Boxborough Town Bylaws are hereby enforceable by the Boxborough Police Department, Boxborough Board of Health, the Health Agent for the Nashoba Associated Board of Health, or others designated by the Boxborough Board of Health.  Monitoring for compliance with this bylaw may be enforced through periodic inspections.  Inspections may include the attempted purchase of tobacco products by minors under the supervision of an agent of the enforcing authority.  Such an inspection shall not be construed as “entrapment”.

SECTION V   OTHER APPLICABLE LAWS

This bylaw shall not be interpreted or construed as to permit smoking where it is otherwise restricted by other applicable health, safety, or fire codes, regulations or statutes.

SECTION VI   VARIANCES

The Board of Health, following a public hearing, may allow a variance of any provisions of this bylaw with respect to any particular case or circumstance when, in the opinion of the Board, the enforcement thereof would cause a manifest injustice.  Any variance granted shall be in writing with a copy available to the public during normal business hours in the office of the Town Clerk and Board of Health.

SECTION VII   SEVERABILITY

If any provision of this bylaw is declared invalid or unenforceable, the other provisions shall not be affected thereby, but shall continue in full force and effect.

SECTION VIII

The provisions of this by-law may be enforced through Non-Criminal Disposition or other civil action.  The individuals designated in Section III, Part C, Subpart 1, are hereby authorized to enforce this bylaw through non-criminal disposition.

Adopted:  May 17, 1995
Approved by the Attorney General: July 24, 1995

REGULATIONS

ARTICLE I

SUBSURFACE DISPOSAL OF SEWAGE
(adopted 10/18/00)

SECTION TITLE

1 Authorization
2 Definitions
3 Administration
4 General Requirements
4.1 Application for Disposal Works Construction Permit
4.2 Application for Lot Inspection
4.3 Fill Easement
4.4 Availability of Water Supply
4.5 Issuance of Disposal Works Construction Permit
4.6 Inspections During Construction
4.7 As-Built Plan
4.8 Certificate of Compliance
4.9 Shared Systems
4.10 Hydrogeologic Studies
5 Field Tests
5.1 Preparation for Field Tests
5.2 Deep Test Holes
5.2.1 Soil Descriptions
5.2.2 Estimated Seasonal High Groundwater Elevation
5.3 Percolation Tests
5.4 Restoration
5.5 Location of Reserve Area
6 System Design Criteria
6.1 Leaching Area
6.2 Perimeter Drain
6.3 Distance to Watercourse
6.4 Distance to Wells
6.5 Distance to Property Line
6.6 Retaining Walls
6.7 Pump Systems
6.8 Additions or Alterations to Existing Structures
7 Plans
7.1 Scale
7.2 Required Information
8 Maintenance
8.1 Septic Tank Pumping Program
8.2 Repairs
9 Revocation
10 Severability
 
 

Previous issues of Boxborough Board of Health Regulations controlling the subsurface disposal of sewage are rescinded and superseded hereby.

SECTION 1.  AUTHORIZATION
These regulations are adopted pursuant to Sections 31 and 127 of Chapter 111 of the General Laws and shall be interpreted so as to be consistent with the provisions of Title 5 of the State Environmental Code (310 CMR 15.001-15.505) “Minimum Requirements for the Subsurface Disposal of Sanitary Sewage,” dated 3/24/95 (effective 3/31/95) and as amended in the future.

SECTION 2.  DEFINITIONS
The definitions in 310 CMR 15.002 shall apply except as modified or added to in this section.

Agent:  See Nashoba Associated Boards of Health

As-Built Plan:  A drawing as described in Section 4.8 and Title 5, 310 CMR 15.021, prepared, signed and stamped by the design engineer/sanitarian, showing the system as constructed.

Board:  The Board of Health of the Town of Boxborough, the approving authority as defined in 310 CMR 15.002.

Completed Application:  A plan as described in 310 CMR 15.220 and in Section 7 hereof, and any other information or documentation necessary for the Board to issue or deny a Sewage Disposal Works Construction Permit.

Construction:  Refers to installation and repairs of subsurface sewage disposal systems.

Date of Filing of Completed Application:  The date of which the Board and Nashoba receive a completed application; or, if the Board and Nashoba receive a completed application on separate dates, then the later of those dates.

Deep Test Hole:  An open pit dug to permit the examination of the soil and to determine groundwater conditions.

Engineer:  A professional engineer (civil or sanitary) currently registered as such in the Commonwealth of Massachusetts.

Field Tests:  Soil percolation tests and deep test holes in which soil character and groundwater elevation are observed and recorded, which are witnessed by Nashoba, and which may serve as a basis for the design of a system.

Leaching Facility:  An approved structure used for the dispersion of sewage effluent into the soil.

Leaching Strata:  The soil interval extending from the inlet invert (for leaching pits, galleries and chambers) or distribution line invert (for leaching beds and trenches) to a level 5 feet below the bottom of the system; the soil interval used as the basis for computing the capacity of the system.

Estimated Seasonal High Groundwater Elevation:  The maximum (highest) levels that the groundwater table (top surface of zone of water-saturated soil) is likely to reach during the life of the system.  Seepage is regarded as discharge from a saturated zone.  Estimated seasonal high groundwater elevation is the design-basis groundwater level.

Nashoba Associated Boards of Health:  Hereinafter referred to as “Nashoba.”  A regional health district, of which the Town of Boxborough is a member, which acts as agent for the Boxborough Board of Health in matters including those pertaining to the implementation and enforcement of the provisions of 310 CMR 15.001-15.505.

Perimeter Drain:  Also called interceptor drain and curtain drain.  A drain constructed for the purpose of intercepting and diverting groundwater flow so as to lower the groundwater level.

Primary Leaching Area:  Area that includes the proposed or existing leaching facility.

Reserve Area:  Also referred to as expansion area and reserve leaching area.  An area delineated on a plan, suitable for the subsurface dispersion into the soil of sewage effluent of a daily volume not less than the capacity of the primary leaching facility, reserved for use in the event that the primary leaching facility fails and upon which no permanent structures shall be constructed.

Sanitarian:  A registered sanitarian currently registered as such in the Commonwealth of Massachusetts.

Sewage:  Also referred to as sanitary sewage.  Any water-carried putrescible waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, showers or dishwashers.  Specifically excluded are substances not normally associated with residential use and any substance or combination of substances which because of quantity, concentration, or physical or chemical characteristics poses, in the judgment of the Board, present or potential hazard to human health, safety or welfare, or to the environment and not specifically prohibited by Title 5.

Subsurface Sewage Disposal System:  Also referred to as system or septic system.  All components of an individual system for the subsurface disposal of sanitary sewage, including but not limited to building sewer, septic tanks, pump chambers, distribution boxes, leaching facilities, all connecting pipes outside cellar walls and all other components and appurtenances thereto.

Unsuitable Test Hole:  A percolation rate in excess of thirty minutes an inch as it relates to new construction, or a deep test hole, which exhibits less than five feet of naturally occurring soil.

SECTION 3.  ADMINISTRATION
The Board reserves the right to exercise all authority and perform all functions assigned to and normally exercised by its agent.

SECTION 4.  GENERAL REQUIREMENTS

4.1 Application for Disposal Works Construction Permit
An application for disposal works construction permit (hereinafter referred to as a permit) shall be filed with the Board for all installations and repairs of systems.  A fee shall be paid to the Town at the time of application, as determined by a fee schedule adopted by and on file with the Board.

4.2 Application for Lot Inspection
An application for lot inspection shall be made to Nashoba, and any fee required by Nashoba therefore shall be paid to Nashoba at that time.  All field tests to be used as a design basis for a system shall be conducted by an engineer and shall be witnessed by Nashoba.  Inspections required during construction of a system shall be made by Nashoba.

4.3 Fill Easement
No Certificate of Compliance shall be issued if fill associated with any component of the system extends onto an adjacent lot, or if the plan requires that fill associated with the reserve area extend onto an adjacent lot, unless an appropriate easement is duly executed by the owner of said lot and recorded and a copy of said easement is submitted to the Board.  The permit for a system requiring a fill easement shall state that requirement.

4.4 Availability of Water Supply
Reference is made to General Laws Chapter 40, Section 54.  No building permit shall be issued for the construction of a building which would necessitate the use of water therein until a water supply approved by Nashoba and appropriate to the use of the building has been constructed on the lot.

4.5 Issuance of Disposal Works Construction Permit
All systems or series of systems for the treatment and disposal of sanitary sewage above or below the ground surface on a facility are required to be approved and permitted prior to construction regardless of existing or proposed design flows.  After reviewing a plan, Nashoba shall prepare a permit and shall forward the permit to the Board.  If Nashoba approves the plan, the agent shall sign the permit.  If Nashoba does not approve the plan, the agent shall submit to the Board, with the permit, a written summary of the reasons for not approving the plan.  At a scheduled meeting, the Board shall review the plan, the permit and any other applicable documents and shall issue the permit by signing it or shall deny the permit and provide the applicant or the applicant’s representative with the reasons for denial.

All systems greater than 2,000 gal. shall include nitrogen removal treatment in accordance with recirculating sand fillers or equivalent technology.
 

4.6 Inspections during Construction
Nashoba shall inspect the construction of a system at stages specified on the permit.  These may include, but are not necessarily limited to, the completed excavation prior to placement of stone, any stone or other fill material prior to the placement thereof, and structural components of the system prior to the installation thereof.  As a minimum, Nashoba shall inspect all structural components of a system after they are installed and before they are covered.  Construction shall not proceed beyond a stage requiring inspection until such inspection has been conducted and approval has been granted by Nashoba.  Appointments for inspections shall be made with Nashoba at least twenty-four hours prior thereto.

4.7 As-Built Plans
After construction is completed, an as-built plan by the design engineer/sanitarian of the permitted plan shall be prepared and submitted to Nashoba and to the Board, showing final grading, as-built elevations, and location of existing components.  No overlays will be accepted for as-built plans.  As-built plans shall be prepared, signed and professionally stamped by the design engineer/sanitarian.  The as-built plan for installation or repair of a system shall not be prepared by the individual or firm under whose Disposal Works Installer’s Permit the work has been performed.

4.8 Certificate of Compliance
Nashoba shall, after approving the construction of a system, prepare a Certificate of Compliance and forward it to the Board.  The Board shall review the permit, the as-built plan and any other appropriate information and shall issue (by signing) the Certificate of Compliance if, in the judgment of the Board, the construction is in accordance with the plan, the permit and all applicable regulations and statutes.  Deviations from the approved plan may constitute grounds for denial of a Certificate of Compliance.  If unanticipated conditions encountered during construction necessitate deviations from the approved plan, it shall be the responsibility of the applicant to request prior approval for such deviations from Nashoba or the Board.  No building with a system that has been installed or repaired after the effective date of these regulations shall be occupied unless a Certificate of Compliance has been issued for the system.

4.9 Shared Systems
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.

4.10 Hydrogeologic Studies
Applicants for subdivision approval and Approval Not Required plans hall perform hydrogeologic studies in accordance with guidelines provided by the Board, to assess the cumulative impact of septic systems and other contaminant sources on groundwater quality.

SECTION 5.  FIELD TESTS
The results of all field tests performed in the vicinity of a proposed or existing system, including the reserve leaching area, shall be provided to Nashoba and the Board on the plan or on sheets referenced on and attached to the plan and certified by the engineer.  No field test data shall be used as a design basis unless Nashoba has witnessed the field tests.

5.1 Preparation for Field Tests
An appointment shall be made with Nashoba at least forty-eight hours in advance to witness field tests in the area of the proposed system.  Excavations for field tests should be dug on the same day as the testing, but in no case shall they be dug more than twenty-four hours before testing.  If excessive slumping or deterioration occurs prior to testing, Nashoba may require cleaning out or re-excavation.  Reasonable safety measure shall be taken to prevent access to deep test holes left unattended.

5.2 Deep Test Holes
Deep test holes can be done at any time during the year.  At least two deep test holes shall be located within the proposed primary leaching area and at least two deep test holes shall be located within the proposed reserve leaching area.  Deep test holes must be performed by a current DEP Licensed Soil Evaluator.  The number and locations of deep test holes shall provide reasonable assurance of the range of soil conditions.  Nashoba may require additional deep test holes based on site conditions.  A 25-foot minimum offset from an unsuitable test hole to the proposed primary and reserve leaching areas is required.

5.2.1 Soil Descriptions
Recorded information shall include the elevations of the estimated seasonal high water table groundwater seepage, soil layers, boulders, unsuitable material, ledge and the character of soil layers below subsoil.  Soil descriptions shall include visual estimates of percentages of cobbles, gravel, sand and silt/clay.

5.2.2 Elevation
At least one estimated seasonal high groundwater determination shall be made in the primary leaching area and at least one shall be made in the reserve area.  The number and locations of the determinations shall provide a reasonable basis for assessing groundwater conditions in the area of the system.  Nashoba or the Board may require determinations in addition to the minimum number specified herein.  Estimated seasonal high water table observations shall be made in deep test holes or in monitoring wells if soil conditions make it difficult to identify the estimated seasonal high water table.  Nashoba shall witness the installation of such wells.  The wells shall consist of 1¼-inch to 2-inch diameter Schedule 40 PVC pipe that is substantially slotted at the lower end.  Both ends of the pipe shall be tightly capped prior to installation.  The excavation shall be carefully back filled around the well screen with clean granular fill or with the cleanest material available from the deep test hold excavation.  Topsoil and subsoil shall be returned to the excavation last.  Care shall be taken to avoid damaging the pipe with large rocks during back filling.  The above ground end of the pipe shall remain capped except while water level measurements are being made.  Periodic water level measurements shall be made and recorded.  Nashoba shall witness wet season determinations.
 
 

5.2.3 Minimum Depth of Soil
The minimum depth of naturally occurring soil above unsuitable material such as sapprolite, shist, ledge, bedrock, A, BC horizons, and fill shall be 5 ft.

5.3 Percolation Tests
Percolation tests for new construction may only be completed between 5//30 – 11/1.  At least one percolation test shall be located within the primary leaching area and at least one percolation test shall be located within the reserve area.  Additional percolation tests may be required by Nashoba to determine the vertical and/or lateral variations in soil conditions.  Percolation tests shall not be performed in deep test holes.  The results of all percolation tests performed on a lot, in or near the area of the system, shall be presented on the plan.  Percolation tests that are discontinued, failed, or otherwise deemed unsuitable from the Nashoba Agent shall not be used in the proposed leaching area.  A 25 ft. minimum offset from the proposed leaching areas (both primary and reserve) is required for unsuitable percs.

5.4 Restoration
Deep test holes and holes for percolation tests shall be filled in within twenty-four (24) hours after completion of lot inspection by Nashoba.

5.5 Location of Reserve Area
The location of reserve area shall be designed so that it is able to be brought into service without discontinuation of primary system; reserve trenches, pits galleries, chambers between the primary system are not permitted.  Reserve areas for upgrades if feasible shall be designed.

SECTION 6  SYSTEM DESIGN CRITERIA
All information related to and necessary for the design or repair of a system shall be included on the plan or on sheets referenced on and attached to the plan and certified by the engineer/sanitarian.

6.1 Leaching Area
The minimum leaching area to be installed shall be determined from 310 CMR 15.242(1) with the following exceptions: percolation rates over 20 minutes an inch shall be designed by using the L.T.A.R. of 0.33 gpd/sq. ft.

6.2 Perimeter Drains
Drains shall only be installed during periods of low groundwater, typically July – September.  Perimeter drains shall be gravity flow only; no pumped drain system shall be allowed.  The effectiveness of a perimeter drain system in lowering the maximum groundwater elevation shall be determined by deep test holes or monitoring wells as described in Sections 2 and 5.2.2.  Effectiveness monitoring shall be performed during the usual high groundwater period of March and April only.

6.3 Distance to Watercourse
No part of a system, which includes fill for breakout grading purposes, shall be constructed within 100 ft. of any watercourse.

6.4 Distance to Wells
No part of a system (sewer lines, tanks, leaching area, pump chambers, etc.) shall be constructed within 100 ft. of any existing or proposed water supply well or within 50 ft. of any existing or proposed heat pump well.  The restrictions stated in this subsection do no apply to wells that are abandoned and plugged, sealed, back filled or otherwise rendered permanently unusable.  An offset of 50 ft. (minimum) shall be maintained from an “irrigation” or other non-potable supply to any SAS.

6.5 Distance to Property Line
No part of a septic system shall be constructed within 20 ft. of any property line.

6.6 Retaining Walls and Impervious Barriers
Retaining walls and impervious barriers for new construction used for breakout grading purposes around the leaching areas are not permitted.  If necessary, and approved by the Boxborough Board of Health, retaining walls used for upgrades of failing septic systems must be constructed of reinforced concrete in compliance with the subheadings (a)-(g) of 301 CMR 15.255(2).

6.7 Pump Systems
Rail systems are required for all pump systems to allow for removal of the pump for repair, maintenance, or replacement.  Force mains exceeding 250 ft. shall be prominently marked by an object identifying its location.  Once the force main is installed it must be pressure tested, witnessed by Nashoba, at least twice working pressure p.s.i. for 15 minutes prior to backfill.  The Board will issue pump and treatment guidelines for design and installation of these components.

SECTION 7  PLANS
Plans for the construction of systems shall be prepared by an engineer/sanitarian, as described in Section 7 and in 310 CMR 15.220 and shall be submitted to Nashoba and the Boxborough Board of Health.

7.1 Scale
Plans shall be prepared at a scale of one inch equals twenty feet (1”=20’).

7.2 Required Information
The following information, in addition to that required by 310 CMR 15.220, shall be provided on all plans and as-built plans:

· Identification of lot by street number or Assessor’s parcel number.
· Identification of the “W” district.
· Locus, lot lines, street(s), driveway, dimensions of lot and locations and dimensions of proposed and existing building.
· Date of plan and of each revision thereto.
· Signature and professional seal of the design engineer;/sanitarian.
· Date(s) of observations of groundwater elevations
· Existing topography and proposed grading changes, shown by contours at 2 ft. intervals or less based on the Boxborough datum, National Geodetic Vertical Datum (NGVD) 1929.
· Location of neighboring septic systems within 200 ft. and sources of pollution within 400 ft. of proposed well.
· Materials to be used for building sewer and distribution piping, and types of joints.
· Locations and elevations of all system components.
· A complete scale profile of the entire system and elevations.
· Invert elevations of pipes at both ends and at each change in slope.
· For systems with lines more than 100 ft. long between the cellar wall and distribution box: groundwater, soil and bedrock conditions along proposed route of pipe; type of pipe and joints; locations and details of clean-outs and manholes.
· For perimeter drains: location; pipe invert elevations at both ends and at each change in slope and each change in direction; and cross section showing design details.

SECTION 8  MAINTENANCE
8.1 Septic Tank Pumping Program
Every owner or agent of premises served by a system should have the septic 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 least once every year and shall provide to the Board written proof of such pumping, by paid invoice or other suitable documentation from a septage handler who has a current permit as required by 310 CMR 15.202(1).

 8.1.A. – The licensed hauler is required to provide to the Boxborough Board of Health the date(s) of pumping, address, volume pumped and final destination of the effluent disposal location.

8.2 Repairs
The owner of a failed system shall, within seven (7) days of such failure, notify Nashoba and shall, within thirty (30) days of such failure, apply to the Board for a Sewage Disposal Works Construction Works Permit, pay the required fee to the Board, and submit plans to the Board and to Nashoba.

The owner of a failed system is required to pump the system as often as necessary to prevent sewage from breaking out of the ground.  System failures are required to be brought into compliance with the Local Boxborough Regs. and Title 5 within six (6) months of indication of the failing system.  This includes obtaining a Certificate of Compliance within six months.

SECTION 9  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.
 
 

SECTION 10  SEVERABILITY
The provisions of these regulations are severable, and if any of its provisions are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
 

BY BOXBOROUGH BOARD OF HEALTH

[Signed by Boxborough Board of Health October 18, 2000]
 
 
 
 
 
 
 
 
 
 

Town Of Boxborough
Board of Health
29 Middle Road
Boxborough, Massachusetts  01719
(978)-263-1116
 

Under the authority of Massachusetts General Laws Chapter III section 31, and Chapter 140 sections 51-53, Board of Health of the Town of Boxborough hereby amends its regulations by adopting the following new regulations:

REGULATIONS GOVERNING THE PRACTICE OF MASSAGE/MUSCULAR THERAPY

SECTION I – Definitions

1.1 Massage or Muscular Therapist shall mean any person who has been trained in and practices the art of massage and/or muscular therapy.

1.2 Massage or Muscular Therapy shall mean a method of applying pressure on or friction against, running, kneading, tapping, pounding or stroking the external parts of the body with the hands or arms; with or without the aid of mechanical or electrical apparatus or appliances; and with or without supplementary aids such as rubbing alcohol, liniments, oils, creams, lotions, powders or similar preparations; for the purpose of reducing tension, stimulating circulation and generally providing for an increase in a person’s health and well being.

1.3 Sanitization shall mean effective germicidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the germ count, including bacterial, viral and fungal pathogens, to a safe level on cleaned towels, linens and instruments.
 

Section II – Registration

2.1 No person shall practice massage and/or muscular therapy for commercial purposes within the Town of Boxborough without a certificate of registration from the Board of Health.

2.2 An applicant for a certificate must:

 a. complete an application form available at the Health Department which shall at a minimum include:

  1. full name, place of business, home address, former occupation and addresses of the same for past two years, substantive letters of reference from three professional people, kind of massage to be practiced, proposed massage establishments, when applicable, education, training, experience, certificates and diplomas, criminal record, names of other persons actually giving massage in the same establishment, and the names and addresses of the corporate officers of the business if incorporated.

 b. submit a certified copy of proof of graduation from a school of massage or muscular therapy approved by the American Massage Therapy Association and The Commonwealth of Massachusetts Department of Education

or

  proof of graduation from a school of massage or muscular therapy certified by the Board of Education in the State in which the school is located, and which requires at least 500 hours and at least six months of instruction and practical training.

 c. show certification that applicant is free of tuberculosis in communicable form as set forth by the Department of Public Health in the Commonwealth of Massachusetts.

2.3 Any certified massage practitioner may at any time be required to furnish additional evidence of the required training within a reasonable amount of time.  In addition, the practitioner may be required to furnish evidence of good health from a licensed physician if the Health Department has reasonable cause to believe that the practitioner may pose a source of communicable disease which puts the public at risk.

2.4 The Board of Health prior to the issuance of any certificate of registration shall evaluate each individual application by the information provided as required in sections 2.1 – 2.3.  The Board may also consider for evaluation any statements made by the applicant to the Board at any public meeting.

2.5 The fee for an individual certificate of registration shall be established annually by the Board of Health.

2.6 No application shall be received from a minor.

2.7 All massage therapy certificates shall expire on June 30 of each year.
 

Section III – Exception and Exclusions

3.1 The provisions of these regulations shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

 a. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists or occupational therapists who are duly licensed to practice their respective profession in the Commonwealth of Massachusetts.

 b. Nurses registered under the laws of the Commonwealth of Massachusetts.

 c. Barbers and beauticians who are duly licensed under the laws of the Commonwealth of Massachusetts while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face, and/or scalp of the customer or client.

 d. Health care personnel in hospitals, nursing homes, or other health care facilities licensed by the Commonwealth of Massachusetts.

3.2 A person registered or licensed to practice massage in any other city or town of the Commonwealth of Massachusetts may, on a referral by a physician, attend specific patients in the Town of Boxborough.  If requested, he/she shall submit to the Board a copy of his/her registration or license from another community and written confirmation of the referral.
 

Section IV – Massage Therapy Establishment Licensing Requirements
 

The Board shall license establishments annually for the sole purpose of providing massage therapy if the following requirements are met:

4.1 All zoning bylaws and requirements of the Town of Boxborough are met as specified by the Zoning Officer of the Town of Boxborough.

4.2 All massage therapists practicing on the premises hold current massage therapy registration from the Town of Boxborough.

4.3 An application supplied by the Health Department has been completed.

4.4 The Board of Health prior to the issuance of any massage therapy establishment license shall evaluate each individual application by the information provided as required in sections 4.1 – 4.3.  The Board may also consider for evaluation any statements made by the applicant at any public meeting.

4.5 A fee established by the Board of Health for a massage establishment permit shall be paid at the time the application is submitted.

4.6 License is nontransferable.
 

Section V – Massage Therapy Establishment Operating Requirements

5.1 Massage therapy establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens.  Clean towels, coverings and linens shall be stored in a sanitary manner free from contamination.  Towels and linens shall not be used on more than one patron, unless they have first been laundered, disinfected and sanitized.  Disposable towels and coverings shall not be used on more than one patron.  Soiled linens and disposable items shall be deposited in approved separate, covered receptacles and shall be disposed of as often as necessary in an approved sanitary manner.

5.2 Instruments and devices as well as hands utilized in performing massage and/or muscular treatment shall not be used on more than one patron unless they have been sterilized, disinfected and/or sanitized using approved methods.

5.3 Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material, and disinfected between uses on patrons.

5.4 The room or rooms used by any person licensed to practice massage or to conduct an establishment for the giving of massage or muscular therapy shall be provided with an adequate supply of disinfectant to allow proper sanitization of hands immediately before and after treating each patron.

5.5 Therapists practicing in the establishment must be aware of the fundamental principles of prevention of the transfer of communicable diseases.

5.6 All rooms used in the conduct of the business shall be well lighted (20 lumens per square foot, minimum) and ventilated.

5.7 Walls, ceilings, floors and other physical facilities of the establishment must be maintained in good repair and in a clean and sanitary condition at all times.

5.8 A list of services and fees shall be clearly posted for unobstructed inspection by the patrons.

5.9 The establishment shall be open to the Director of Health, or appointed designee, for the purpose of making reasonable, unscheduled inspections to observe and enforce compliance with applicable regulations.  Inspections will be made on at least an annual basis.

5.10 No establishment licensed for the giving of massage and/or muscular therapy shall be kept open or operate except between the hours of 7:00 a.m. and 10:00 p.m. unless authorized in writing by the Board.
 

Section VI – Revocation of License or Certificates of Registration

6.1 A license or Certificate of Registration may be revoked by the Board of Health if a licensee or certificate holder:

 a. after a written request by the Board of Health fails to furnish additional evidence of physical fitness, training, experience and criminal record, if any.

 b. has become unfit to engage in the practice of massage and/or muscular therapy by reason of the licensee’s or certificate holder’s physical condition, or fitness to do the work licensed.

 c. the Board can in its discretion revoke a permit on grounds of criminal record.

 d. it is found that any material statement in the application for a license or certificate is untrue or false.

 e. refuses to permit any duly authorized officer of the Town or State to inspect the premises or the work of the licensee at any time.
 

Section VII – Variance

7.1 The Board of Health may vary the application of any provision of these regulations 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 these regulations.  Any variance granted by the Board of Health shall be in writing.  A copy of such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the Clerk of the Town, or in the office of the Board of Health, and notice of the grant of variance shall be filed with the Commissioner of Public Health of the Commonwealth with seven (7) days of the vote of the Board of Health.
 
 

Section VIII – Penalty

8.1 Whoever violates any provision of these rules and regulations shall be punished by a fine of not more than one hundred dollars ($100.00).

8.2 If any clause, section, paragraph, sentence or phrase of these rules and regulations shall be decided invalid for any reason whatsoever, such decision shall not effect the remaining portions of these regulations, which shall remain in full force and effect, and to this end the provisions of these regulations are hereby declared severable.
 

[Signed by the Board on 12/19/90]

[Received and Attested by Town Clerk: 12/21/90]

[Publication Date:  12/27/90]