SECTION ONE

PUBLIC AND ENVIRONMENTAL HEALTH REVIEW
REGULATIONS AND STANDARDS
 

1.1    AUTHORITY

This regulation is adopted under M.G.L. Chapter 111, Section 31, which gives the Board of  Health (hereafter designated as "the Board") authority to make reasonable health regulations, violations for which shall be punished by a fine of not more than one thousand dollars ($1000.00).

This regulation is also adopted under M.G.L. Chapter 111, Section 122, which directs the Board to examine all nuisances, sources of filth, and causes of sickness within its town which may, in its opinion, be injurious to the public health and to destroy, remove, or prevent the same as case may require.

1.2   PURPOSE

These regulations are intended to protect the public and environmental health, provide adequate water supply and waste water treatment, and ensure that there will be adequate protection against flooding, siltation, and other drainage problems.

1.3   JURISDICTION

1.3.1   ENVIRONMENTAL HEALTH IMPACT REPORT

The applicant for any proposed project of ten (10) or more dwelling units, whether in a subdivision or on an approved roadway. or any commercial or industrial development with a gross floor area exceeding seven thousand five hundred (7,500) square feet, or a design sewage flow of four thousand four hundred (4,400) gallons per day or greater, or any Planned Unit Development (PUD), or any earth removal project exceeding three hundred fifty (350) cubic yards of material per house lot, or one thousand (1,000) cubic yards of material per project, shall submit an Environmental Health Impact Report (EHIR) to the Board. The report shall meet the criteria required by this and all other applicable Board regulations and shall provide specific information relative to the operation of the proposed sewage treatment and disposal systems including:

1.   Soil conditions.
2.   Surface drainage calculations.
3. Hydrogeological descriptions of ground water.
4. Effects of precipitation.
5.   Wastewater treatment methodology.

The applicant shall also estimate the impact of the project on public and private water supply sources.
 1.3.2   ENVIRONMENTAL HEALTH PERMIT

The applicant for any project which meets the criteria stated above shall be required to obtain an Environmental Health Permit from the Board.

1.3.3   ALL OTHER PROJECTS

All other projects which require Board approval or recommendation but do not require an Environmental Health Impact Report or an Environmental Health Permit shall be reviewed in accordance with the technical criteria and standards herein.

1.4   BURDEN OF PROOF

Any applicant required to file an EHIR with the Board shall have the burden of proving by submission of a preponderance of credible evidence that the proposed work shall not have unacceptable significant and/or cumulative effect upon the public or environmental health.

1.5   DEFINITIONS

      Person:  Every individual, partnership, corporation, firm, association, group, or
      governmental entity owning property or carrying on an activity subject to this
      regulation.

1.6   APPLICATIONS FOR PERMITS

1.6.1   WRITTEN  APPLICATIONS

Written applications shall be filed with the Board for all activities which  come under the jurisdiction of this regulation. The application shall include such information and plans as are necessary by the Board to describe the proposed activities and their effects upon the public health and the environment. No such activities shall commence without receiving and complying with a permit issued by the Board pursuant to these regulations.

1.6.2   OTHER APPLICATIONS

The Board may, in appropriate cases, accept as the application and plans under these regulations the following filings to other municipal boards or commissions:

            a.  Notice of Intent filed with the Conservation Commission.
            b.  Building Permit applications filed with the Building Inspector.
            c.  Earth Removal Permit applications filed with the Special Permit Granting  Authority.
            d.  Preliminary and Definitive Plans and Planned Unit Development applications file with the Planning Board.

In such cases, additional information shall be required when applicable to provide the complete submittal  requirements of this regulation.
 1.6.3   FEES

At the time of application or request to the Board, the applicant shall pay a filing fee as may be set from  time to time by the Board.

In addition to the filing fee, the Board shall require the applicant to pay reasonable costs and expenses borne by the Board or other town agencies for specific expert engineering and consultant services deemed necessary by the Board to review the applications.

Said payment can be required at any point in the deliberations prior to a final decision being rendered.  Said services may include, but are not necessarily restricted to general engineering analysis, hydrogeological and drainage analysis, and legal advice including public health and environmental land use law.

1.7   WATER SUPPLY

The proposed source of water supply shall provide water of a quantity and quality in accordance with Town, State, and Federal water supply standards for domestic use. In the case of sites to be served by on-site wells, a hydrogeological evaluation showing ground water flow directions and the proposed placement of  wells and septic systems should be shown.

Zones of Contribution to such wells shall be delineated except for the following:

         a.   Single or Two-Family Dwellings.
         b.   Single Family Residential Subdivisions.
         c.   Projects where the required well yield is one thousand three         hundred seventy-five (1,375) gallons per day or less.

This evaluation shall be performed by a qualified engineer or geologist, at the expense of the applicant, and is to be reviewed by the Board for this determination.

1.8   SEWAGE DISPOSAL

      The applicant shall submit evidence that:

1.  The proposed location of the project has soil conditions suitable for the subsurface disposal of sanitary or other applicable types of wastewaters in accordance with the regulations of the Board, along with all applicable state and federal regulations.

       2.  Disposal of wastewaters shall not degradate the ground or surface waters in a manner inconsistent with their proposed use.

      For, any subdivision having ten (10) or more dwelling lots or any project having a minimum design wastewater flow of four thousand four hundred (4,400) gallons per day, a hydrogeological evaluation shall be performed by a qualified engineer or geologist, at the expense of the applicant, to be reviewed by the Board for this determination.
  Hydrogeological evaluations shall include:

         1.  Determination of geologic stratigraphy.
         2.  Determination of ground water flow directions.
         3.  Determination of maximum ground water elevation.
         4.  Determination of minimum ground water elevation when relevant.
         5.  Evaluation of water table mounding.
         6.  Prediction of downgradient water quality impacts.

      Maximum ground water elevation shall be determined by direct observation during the season of the year when the water table is high as determined by the Board and as adjusted by the method described in "U.S. Geological Survey, Water Resources Investigations, Open File Report 80-1205- Probable High Ground Water Levels in Massachusetts", or by the method of soil morphology as determined by a state approved soil evaluator with the agreement of the Board of Health Agent.

1.9  (Reserved)

1.10  (Reserved)

1.11  (Reserved)

1.12   STORM WATER AND RUNOFF MANAGEMENT

These regulations for storm water management are intended to protect the public and environmental health by providing adequate protection against polluants, flooding, siltation, and other drainage problems.

The storm water management design shall include a control strategy and plan for Source Control and Best Management Practice (BMP) for any particular development or project and shall accomplish the following goals:

a.  Reproduce, as nearly as possible, the hydrological conditions in the ground and surface waters prior to development.

b.  Reduce storm water pollution to the "Maximum Extent Possible" (MEP) using Best Management Practices (BMPS).

c.  Have an acceptable future maintenance burden.

d.  Have a neutral effect on the natural and human environment.

e.  Be appropriate for the site, given physical restraints.

      f.  Provide a sufficient level of health and environmental protection during the construction phase.
 An acceptable storm water management plan shall:

1. Capture and treat the "FIRST FLUSH" of storm, usually the runoff from the first  two (2) inches of precipitation for a small land area or other value as may be designated by the Board of Health. Such treatment shall be by extended detention providing a minimum of 24 hours average detention time, unless other methods are specifically allowed by the Board of Health.

2. Not cause an increase or decrease in either the total volume of  runoff discharged offsite, or total rate of  runoff prior to the development. Such condition shall be required for storms of 1, 10, 50, and 100 year frequency events.

3.   Include source controls and design of  BMPS and Infiltration and Detention structures in accordance with procedures acceptable to the Board of Health such as are described in the following publications:

a.  "Controlling Urban Runoff - A Practical Manual for Planning and Designing Urban BMP'S - Department of Environmental Programs - Metropolitan  Washington Council of Governments".

            b.  "Storm Water Detention for Drainage, Water Quality, and CSO Management" -  Peter Stahre and Ben Urbones - Prentice Hall - 1990.

c.  ASCE Publications entitled "design of Urban Runoff Quality Controls", 1988 and "Urban Runoff Quality - Impact and Quality Enhancement Technology", 1986.

d.  "Urban Surface Water Management" - Stuart G. Walesh - John Wiley & Sons  Inc. - 1989.

e.  "Underground Disposal of Storm Water Runoff - Design Guidelines Manual"  February 1980 of the Federal Highway Administration - Department of  Transportation.

f.  "Erosion and Sediment Control in Site Development - Massachusetts Conservation Guide - Volume 1".

4.  In  cases where runoff infiltration cannot, in the opinion of the Board of Health, be appropriately implemented because of the possibility of contamination of water supply, or because of extremely poor infiltrative and permeability characteristics of the soil, the requirement as regards volume may be waived by the Board of Health, provided the applicant provides such additional preventive measures to prevent any increase in elevation or duration of downstream flood elevations. Such additional measures may be, but are not restricted to, the construction of compensatory flood storage facilities and/or the creation of additional wetlands.

Poor infiltrative and permeability conditions are defined as a soil permeability of less than 1 x 10 - 4 centimeters per second.  Unless, in the opinion of the Board of Health, such testing is not applicable for a particular site, all permeability tests shall be in-situ field bore hole tests for permeabilities in the acceptable range as specified above. If permeability testing is desired to be performed in soils of lesser permeability, laboratory tests for hydraulic conductivity shall be performed on undisturbed samples by the Falling Head Permeability Test using flexible membrane triaxial test cells with back pressure (Army Corps of Engineering Manual EM 1110-2-1906 Appendix VII).

5. If detention or retention ponds are utilized, slopes shall be no steeper than 4 horizontal to 1 vertical. Maximum design water depth shall not exceed three (3) feet  except in permanent ponds.  Minimum bottom slope for "dry" detention areas shall  be two (2) percent. A safety bench, a minimum of ten (10) feet wide shall be provided. Detention or retention areas shall not be constructed within existing stream bed or wetland areas.

6. Not result in channelization of surface runoff offsite without the written consent of the owner of the land affected, in the form of a permanent grant of easement, recorded at the Registry of Deeds.

7. Include hydrologic and hydraulic calculations and data to support the proposed design for the runoff drainage system.  Both volume and flow rate of runoff, before and after development, must be clearly stated and herein. Calculations shall be performed using the most recent procedures of the U.S.D.A. Soil Conservation  Service such as are described in National Engineering handbook - Section 4 -  Hydrology (SCS 1985), TR-20 "Computer Program for Project Formulation -Hydrology" (SCS 1983), and Technical Release No. 55 "Urban Hydrology for Small Watersheds"  (SCS 1986).  Structure design shall comply with the standards of  USDA SCS Publication TR-60 for containments for detention and retention areas or other designated references.  Additional design guidelines may be on file with the Board of  Health.

 Rainfall event amounts shall be as derived from the latest Atlases of Precipitation as published by the Northeast Regional Climate Center , Cornell University, Ithaca, N.Y.

8. Provide evidence to demonstrate clearly to the Board of Health that the effect on ground and surface waters shall be in accordance with the specifications previously designated herein.

1.13     EARTH REMOVAL STANDARDS

1.13.1   SUBMITTAL REQUIREMENTS

Plans for any proposed earth removal operation which falls within the jurisdiction of this regulation shall be filed with the Board and shall contain the following information and meet the following criteria:

      An Earth Removal Restoration Plan, prepared by a registered Engineer or
       registered Land Surveyor, at a scale of eighty (80) feet to the inch or larger,
      containing all  information necessary to evaluate the site, the proposed earth
      removal operation, and the proposed restoration of the site after the operation
      is complete, including the following:

a.  Location of the perimeter of the proposed excavation.

b.  Property lines abutting owners of record and buildings or other structures on the property or within two hundred (200) feet of the site boundaries or  within five hundred (500) feet of the earth removal operation site.

c.  Private wells within one thousand (1,000) feet and public wells within two thousand six hundred forty (2,640) feet of the earth removal operation site.

d.  Location of walls, fences, test pits, test borings, observation wells with logs, streams and pools, and wetlands on the site.

e.  At least three (3) permanent bench marks, with elevations thereon, used in topographical surveying, and referenced to the N.G.V.D. datum.

f.  Adjacent public streets, private ways, and service roads.

g.  The perimeter and topography of any existing excavation as of the date of the application.

h.  Depth of removal within the area shown by five (5) foot contours (or other contour interval found to be appropriate by the Board), and final spot elevations.

i.  Proposed lateral support to all adjacent property.

j.  Proper provision for safe and adequate water supply and sanitary sewage disposal, and for temporary and permanent drainage on the site.

k.  Topography shown by five (5) foot contours or other contour interval found to be appropriate by the Board, and spot elevations of the area of  removal as restored and to at least two hundred (200) feet beyond the perimeter of that area.

l.  The location and method to be used in providing permanent drainage and erosion and sediment control.

m.  Location of proposed lot lines, if any, as shown on a preliminary or definitive subdivision plan filed with the Planning Board.

n.  Evidence that health and safety concerns have been adequately addressed, with provisions which shall be maintained throughout the proposed operation.

1.13.2  STANDARDS

a. In order to provide for potential subsurface sewage disposal systems, no excavation shall occur closer than ten (10) feet from the maximum ground water elevation, as determined by the  procedure described in Section 1.8 of this regulation.

b.  There shall be no increase or decrease of surface water flow off the site.

c. There shall be no potential adverse effect on public health or safety or the health or safety of persons living, working, or otherwise present in the neighborhood due to excessive noise, dust, or any other condition which may result from the proposed operation.

d.  There shall be no potential adverse  impact on surface  waters, public or private wells as a result of the proposed operation.

e.  Lateral support shall be maintained for all adjacent properties, and no banks shall be left after completion of operations with a slope which exceeds one (1) foot vertical rise in four (4) feet of horizontal distance.

f. Any access to an  excavated area or areas shall be adequately posted with "Keep Out--Danger" signs.

g. During operations any excavation, quarry, bank, or work face having a depth of ten (10) feet or more, and/or creating a slope of more than 30 degrees downward, shall be fenced.  Such fence shall be located ten (10) feet or more from the upper edge of the excavation and shall be at least six (6) feet in height.

h.  No boulders in excess of a volume of twenty (20) cubic yards, and no trees or stumps or demolition or construction waste materials, shall be buried on site.

i.  Notwithstanding any standard otherwise required in this regulation, the operation and restoration shall comply with the standards contained in the Massachusetts Conservation Guide, Volumes I and II, United States Department of Agriculture, Soil Conservation Service.

j.  At the time of restoration, the areas subject to this regulation shall be covered with a minimum of four (4) inches of compacted topsoil and seeded with an appropriate grass or legume.

1.14   SUBMITTAL REQUIREMENTS (GENERAL)

Plans submitted pursuant to this regulation shall include, but not be limited to, the following:

      1.  Proposed source of water supply.

      2.  Data for a sufficient number of test holes, soil logs, maximum ground water  elevations, and properly conducted percolation tests to:

           a.  Demonstrate clearly that the soil conditions are generally suitable for subsurface sewage disposal and will meet the needs of the project.

           b.  Determine the pattern of ground water flow.

3.  A topographical map of the property with contours referring to Mean Sea Level and showing:

a.  The location and elevation of all test holes.

b. How the surface drainage is to be handled, including nearby affected areas.

c. All pertinent physical features including ponds, swamps, wetlands, water supplies, seasonal water courses, swales, areas of ledge and rock.

d. An overlay of flood plain, drainage watershed areas, USDA Soil Map characterization for  soil type and hydrologic group, USDA soil limitations for septic tank sewage disposal, and aquifer designation where applicable.

4.  Sufficient data to demonstrate no deleterious individual or cumulative impact of subsurface sewage disposal upon ground water quality. Failure to do so may result in findings by the Board that such affected lots cannot be used for building sites without injury to the public health.

 5. Deleted 1/9/91

 6. Deleted 1/9/91

 7.  Evidence to demonstrate clearly to the Board that water supply shall be adequate as previously designated herein.

      8.  Evidence to demonstrate clearly to the Board that the effect on ground and surface waters shall be in accordance with the specifications previously designated herein.

      9.  In order for a plan subject to these regulations to be considered "complete", it shall include all items required by these regulations, including an appropriate fee which may be set from time to time by the Board. Incomplete submittals shall be returned as incomplete forthwith to the applicant, following a vote of disapproval by the Board, without review. The plan then must be re-submitted and be subject to Board review to demonstrate that it meets all Board requirements before it shall be considered approved.

10.  Failure to submit adequate or correct data or information as required will constitute grounds for Board denial of the permit for the project site as a whole, or of individual lots or portions therein.

1.15   OTHER PERMITS

      No Well Permits or Disposal Works Construction Permits shall be granted for any project to this regulation until the Board has issued the Environmental Health Permit.

1.16   FINDINGS REQUIRED

Prior to granting a permit under these regulations, the Board shall make findings with supporting documentation. The Board may issue the Environmental Health Permit based on the review of the impacts of the project documentation as specified in this regulation if said Board finds that the proposed project will comply with all of the standards of this regulation.

1.17   SEVERABILITY

 See Regulation Twelve

1.18   ENFORCEMENT

The Board, 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 deems necessary.

The Board shall have the authority to enforce these regulations and permits issued thereunder 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 a fine of not more than three hundred dollars ($300.00).  Each day, or portion thereof, during which a violation occurs or continues shall constitute a separate offense, and each provision of the regulation or permit that is violated shall constitute a separate offense.

As an alternative to criminal prosecution in a special case, the Board may elect to utilize the non-criminal disposition procedure set forth 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 --  First Offense

            $ 50.00  --  Second Offense

            $ 100.00 -- Third Offense

            $ 200.00 -- Fourth and Each Subsequent Offense

      Each day on which a violation exists shall be deemed a separate offense.

1.19   APPEALS

Any person aggrieved by the decision of the Board may seek relief therefrom within thirty (30) days in any court of competent jurisdiction as provided by the laws of the Commonwealth of Massachusetts.

1.20   EFFECTIVE DATE

This regulation shall take effect following notification thereof in a newspaper published in this town. As required by the Massachusetts General Laws, Chapter 111, Section 31. An attested copy has been filed with the Massachusetts Department of Environmental Protection and with the Town Clerk.
 
 
 
 

SECTION TWO

INDUSTRIAL/COMMERCIAL
 

2.    INDUSTRIAL/COMMERCIAL

2.1  AUTHORITY

      This regulation is adopted by the Board under the provisions of Massachusetts
     General Laws, Chapter III, Section 31, in the exercise of its power to protect
     the public health and welfare.
.
2.2   PURPOSE

      The purpose of this regulation is to protect, preserve, and maintain the public
      health by assuring that all applicable codes and regulations are being met when
     a property changes commercial or industrial use.

2.3   NOTIFICATION

      The Board hall be notified of any changes of commercial or industrial use at least
      fourteen (14) days before an occupancy permit can be granted. Such a permit
      shall be required regardless of previous occupancy.
 
 
 

SECTION THREE

WATER SUPPLY  PROTECTION REGULATION

3.1   PURPOSE

These rules and regulations have been adopted to protect the water supplies of the residents of Plainville from excessive contamination of nitrate and other harmful chemicals resulting from the subsurface discharge of wastewater effluent. Nitrate contamination of drinking water is a serious public health problem. Nitrate also may serve as an indicator of other groundwater degradation associated with the use of household and industrial chemicals, pesticides, solvents, and other toxic substances. Therefore, the presence of those other substances may be presumed to be present also,  when more than natural background levels of nitrate occur. Subsurface wastewater disposal, without nitrogen removal, is a major source of nitrate- nitrogen loading in the ground water and surface waters.

These rules and regulations shall also protect surface and groundwater from excessive nitrate-nitrogen and other nutrient loading and will retard the process of  eutrophication of the lakes and ponds.

By requiring sufficient dilution of nitrates as well as these other byproducts of human activity, they may be decreased to a level which does not constitute a threat to the public health. Adequate land area surrounding a subsurface sewage disposal system will result in the dilution of the subsurface sewage discharge to levels of contaminants that will not constitute a treat to public or environmental health.

The Town of Plainville derives its water supply from groundwater. The groundwater supplies both the public water system and individual on-site wells. The groundwater of the Town of Plainville, and the surface waters which contribute to the ground water  constitute its water supply. Therefore, this regulation shall apply to any subsurface wastewater disposal system located within the Zone of Contribution of a public water supply well, located in an area of private well supplies, located within the watershed of Turnpike Lake, Mirimichi Lake, or any other pond in the Town of Plainville, or within the watershed of any stream which drains into said lakes and ponds.

This regulation shall not apply for the repair of existing septic systems where there is no increase in wastewater flow or there is no change of use.  It shall not apply where there is connection to town sewer.

3.2   REQUIREMENTS

The applicant for construction of any subsurface wastewater system in the town, except for repairs of existing systems which have failed and are not being enlarged to provide for additional building construction or use, shall submit a GROUNDWATER IMPACT  REPORT ( GIR)  to the Board of Health. In the case of a subdivision, the GIR shall be submitted at the time of  submittal of the preliminary plan. In case of lots not requiring approval as a subdivision, the GIR shall be submitted at the time of application for a Disposal Works Construction Permit.
  3.3  METHOD OF CALCULATION.

The GIR shall be based on the following methodology for determination of nitrate loading which is based on procedures that have been accepted by and have been adopted and used by governmental planning agencies, enforcement agencies, and the U.S Geological survey.  The GIR shall determine whether or not the proposed project will cause unacceptable ground water quality at the project boundary limits for the proposed use, based on the expected nitrate-nitrogen loading.  The calculations shall follow the guidelines contained herein, using data which is appropriate for the Town of Plainville.

The maximum allowable calculated concentration of nitrate-nitrogen within each project boundary shall be five (5) milligrams per liter in Zone II of the Public Water Supply and areas of private on-site well water supplies.  It shall be seven  and one-half (7 1\2) milligrams per liter in all other areas within the town.

CRITERIA AND FORMULA ASSUMPTIONS

NITRATE  NITROGEN  MAXIMUM  ALLOWABLE CONCENTRATION (NMAX)  AT  PROJECT  BOUNDARY :

 At project boundary:

  5 milligrams per liter in Zone II for the Public Water Supply.

            5 milligrams per liter for areas of private wells.

            7.5 milligrams per liter for all other areas.

 In the case of multi-structure or multi-lot projects in Zone II  in areas of private wells, the maximum allowable concentration shall be no greater than 7.5 milligrams per liter at any individual lot line, but shall be no greater than (NMAX) at the project boundary.

      In the case of multi-structure or multi-lot projects in all other areas, the maximum allowable concentration shall be no greater than 10 milligrams per liter at any individual lot line, but shall be no greater than (NMAX) at the project boundary.

ASSUME COMPLETE MIXING AND STEADY STATE
(EQUILIBRIUM) CONDITIONS.

CONTAMINANT ATTENUATION IS CAUSED BY DILUTION ONLY.

EVAPOTRANSPIRATION FROM SEPTIC SYSTEMS IS 10 PERCENT.
 PRECIPITATION RECHARGE TO GROUNDWATER:

      Nitrate-Nitrogen Concentration - 0.05 milligrams per liter

   Quantity:             Inches per Year                   Soil Percolation  Rate
                                                                           Minutes per  Inch

                                    19                                     Less than 2
                                    17                                      2 to 4.9
                                    15                                      5 to 9.9
                                    13                                     10 to 14.9
                                    11                                     15 to 19.9
                                      9                                      20 +
                                      0                                      Impervious areas with no recharge

 Wetlands shall be considered having a percolation rate greater than 20 minutes
 per inch for this calculation purpose.

WATER SUPPLY:

 Town water:  Nitrate-Nitrogen Concentration - 2.5 milligrams per liter
 Private Water:  5 milligrams per liter

HOME SEPTIC SYSTEM:

      Nitrate-Nitrogen Quantity - 5 pounds per person per year

      Quantity of sewage - 55 gallons per person per day

      Persons per household - 3

LAWN FERTILIZER

      1.2 pounds of nitrogen per 1000 square feet of lawn per year. This is an estimated mean considering homeowner application, professional application, and lawns that are not fertilized.

      Average lawn size:  10% of lot area unless specifically known.

OTHER:

      Criteria for uses or other criteria not included herein shall be evaluated on a case by case basis according to criteria that is acceptable to the Board of Health. Applicants should contact the Board of Health office prior to conducting such calculations for the purpose of establishing such other criteria.
 MIXTURE FORMULA FOR NITROGEN LOADING

               ( Rc times Rv )  +  ( Nt )  + Lt
Wc =  --------------------------------------
               Rv  +  ( 0.9 times Sv )  + Vv

      Where:

       Wc = Nitrate Nitrogen concentration in the groundwater
           Rc = Nitrate Nitrogen concentration in the rain
           Sc = Nitrate Nitrogen concentration in septic effluent
           Rv = Volume of Recharge from rainfall
           Sv = Volume of septic system effluent
           Lt = Amount of nitrate nitrogen from lawn fertilizer and other sources
           Vv = Volume of any other recharge waters
           Nt = Amount of nitrate nitrogen in septic system effluent

  ( 5 pounds per person per year for a dwelling. Sc times Sv for other types of facilities )

3.4   SEVERABILITY

See Section 12.
 
 
 
 
 

4.16 WATER QUALITY SAMPLING

Chemical, physical, and bacteriological analysis of the water, conducted by a Massachusetts Certified Laboratory, shall be required. Water which does not meet the accepted standards of agencies of the State or Federal Government for potable water supplies shall be grounds for the rejection of the well.

The well shall be sampled as follows:

1. Prior to approval for issuance of a building permit, a sample shall be collected in the presence of the Board of Health agent.
2.   Prior to occupancy of the facility that the well is to serve or any use of the well water, a sample shall be collected from a  the building by a representative of the testing laboratory or an independent service, maintaining a chain of custody.

The samples shall be tested for the following parameters.

 A bacteriological test to indicate a 0 per 100-ml coliform density. A total bacteria count (Standard Plate count) shall also be determined at 35 C and shall not exceed 100 bacteria per ml.

 Chemical and physical analyses shall be performed for at least the following.

  Volatile Organics (EPA 524) or approved equivalent.

pH, color, odor, turbidity, iron, manganese, ammonia nitrogen, nitrite nitrogen, nitrate nitrogen,
alkalinity, total hardness, sodium, chloride, arsenic, and lead.

 The Board of Health may require other parameters to be tested when, in its opinion, circumstances particular to the subject location, warrant it.

      Concentrations shall not exceed the United States EPA Recommended Maximum Contaminant Levels for Primary and Secondary Drinking Water Regulations in effect at the time of testing.
If the concentration of sodium is greater than 20 milligrams per liter, or if the nitrate nitrogen concentration is greater than 5 milligrams per liter, or if a volatile organic is detected in any concentration, a document shall be recorded in the Norfolk County Registry of Deeds, which identifies the chemicals, their concentrations, and their health effects. A whole house treatment system for removal of volatile organics shall be installed if they are detected. A statement shall be included in the recorded documents to the effect that the treatment unit requires regular maintenance. If volatile organics are detected in a water sample and then found to be absent in a subsequent sampling, the requirements for a recorded document and treatment unit shall only be removed following two successive samplings which show the absence of such contamination. When treatment units are installed, sampling and analysis must be performed and submitted to the Board of Health to demonstrate that the treatment is effective.
5.  PLAINVILLE BOARD OF HEALTH REGULATIONS FOR THE SITING,   CONSTRUCTION, INSPECTION, UPGRADE, REPAIR, AND      EXPANSION OF ON-SITE WASTEWATER DISPOSAL SYSTEMS

5.1  AUTHORITY AND PURPOSE

These regulations shall be effective on and after 11/6/96, and  shall so remain until modified or amended by the Plainville Board of Health.  They are enacted under authority which includes, but is not limited to one or more of the following:  Massachusetts General Laws, Chapter 111, Sections 31,  122,   122A,  127,  143,  155,  187,   Sections  310 CMR (Code of Massachusetts Regulations) 11.02; Board of Health regulations are an exercise of the power under which the various levels of government are responsible for protection of the public health, safety, welfare, and  the  environment.

This regulation of the Board of Health has been enacted for the purpose of protection of the citizens of the  Town of Plainville and also the protection of the environment.  The Town of Plainville relies upon on-site subsurface systems for the disposal of sewage in 70% of the town. It relies solely upon ground water for its water supply, from either public or private on-site wells.  There are considerable areas of severe geologic conditions which consist of poorly drained soils, shallow  soil depth to  fractured ledge and ground water, wetlands, flood plain, and contributing areas to the water supply.  There are two major lakes within the town, resulting in sensitive conditions in those areas.  As a minimum code, Title 5 is incomplete and ambiguous in certain specifications and silent on other topics.  Accordingly, local Board  of Health regulations are necessary to assure more complete protection from sewage overflows to the ground surface, which are sources of filth and disease, and also to assure more complete protection from potential pollution of ground water, wells, surface waters, and wetlands.  Local regulations are also necessary for purposes of efficient administration and management, as well as  for additional guidance in the process of construction of septic systems.  These regulations do not conflict with Title 5, but rather complement them, and provide additional guidance.

5.2. INTRODUCTION

The  revised State Environmental Code, Title 5, 310 CMR 15.00 went into effect March 31, 1995 and was further revised on 11/03/95, replacing the previous  version that was effective on January 1,  1978.  This new State Code, as revised and amended, sets forth minimum rules and regulations to be followed in matters of on-site  wastewater systems.  In like fashion, this codification of rules  and regulations of the Plainville Board of Health is intended to replace  the Board's existing regulations for on-site wastewater disposal,  which  were originally adopted with respect to the use with the state regulations in effect up to March 31, 1995.  In the case where  the new Title 5 is in effect, these revised Board of Health regulations shall apply.  In the case where the 1978  version of Title 5 remains effective as prescribed in the new 310 CMR 15.005, Transition Rules,  the   previous versions of the Plainville Rules and  Regulations shall remain in full force and effect.  In either case, where the provisions of the Plainville Board of Health Rules and Regulations  are more strict than existing federal and state ones,  they will prevail.  Where federal and state rules and regulations are more strict, they will prevail.

5.3  DEFINITIONS

Definitions and acronyms for these regulations shall be as defined in Title 5 unless listed below as an alternative  or new definition.

ABUTTER - Direct abutters, including land owners across the street.

AGENT - An agent of the Board of Health is any person authorized by the Board to  act under these regulations.  The Agent may not vary these regulations without specific approval of the Board of Health.

BOH   - Plainville Board of Health

DEP   - Massachusetts Department of Environmental Protection.

DSCP   - Disposal System Construction Permit

FORM A - Form required for Board of Health approval for issuance of a building permit for additions or change of use

LTAR   - Long Term Acceptance Rate for leaching area sewage loading

OSDS   - On Site Wastewater Disposal System

5.4  GENERAL REGULATIONS

5.4.1 PERMIT REQUIREMENTS:  No  on-site system or facility to be used for treating, neutralizing, stabilizing, or disposing of wastewater from homes, public buildings, commercial or industrial buildings, or any other types of establishments, shall be located, constructed, altered, repaired, or installed, until a Disposal System Construction Permit for such work shall have been issued by the Plainville Board of Health.

5.4.2 RESPONSIBILITY:  All persons carrying on an activity regulated by the State Environmental Code and local regulations will be held strictly accountable for complying with the provisions of this instrument.  Issuance of a Board of Health Permit does not relieve the permittee of the responsibility to conform to the State or Plainville Board of Health regulations.

5.4.3  CONSTRUCTION:  No building construction  shall proceed until the Board of Health has issued a Disposal System Construction Permit (DSCP) or otherwise approved the construction by use of "Form A", on forms as provided by the Board of Health.

5.4.4 POSSESSION OF PLAN AND PERMIT:  All installers of On-Site Wastewater Disposal Systems shall have the Board of Health Disposal System Construction Permit and copy of the approved plan in their possession on the site while installing the system, to be available for the Board of Health Agent at the time of any inspection.

5.4.5 APPROVAL OF BOARD OF HEALTH:  No new homes or any other buildings or facilities which utilize an on-site wastewater system, shall undergo a change of use, or increase in design flow, shall be occupied, nor shall any occupancy permit be granted for such, until the Board of Health has approved such dwelling or other building or facility for the adequacy of  wastewater disposal, water supply, and storm water drainage.  For additions, or changes to existing single family homes, Form A. must be completed and submitted to the Board of Health for approval before obtaining a Building Permit.

5.4.6 ON-SITE WASTEWATER SYSTEM LOCATION:  In determining a suitable location for a system,  consideration shall be given to the size, shape, and slope of the lot, hydrogeologic conditions, natural and adjusted drainage, existing and known, future water supplies, depth to  ground water, and impervious material, as well as  room for future expansion of the system.

5.4.7 TEMPORARY FACILITY:  All builders and contractors must provide sanitary facilities for their employees at their work sites.

5.4.8 INSPECTION -  SYSTEM UNCOVERED:  Every OSDS must be inspected by the Board of Health Agent before it is covered.  All manhole and clean-out covers and inspection homes over baffles must be loose for easy removal.  Heavy covers shall be removed from the tank before inspection.  No tar or asphalt or other sealant should be placed on the top of the septic tank or distribution box.

5.4.9 SYSTEM PUMPERS AND CARTERS:  Chapter 111, Section 31D,   of the Massachusetts General Laws stipulates that system pumpers and  carters must have permit issued by the Plainville Board of Health.  All system pumpers engaged in this business within the Town of Plainville must obtain a permit for each vehicle used for  this purpose.  Permits may be applied for at the Board of Health office during normal business hours.  Permits will be issued  for the calendar year, on a per vehicle basis, subject to an annual fee as may be set from time to time by the Board of Health.  Only system pumpers having valid permits and having filled out and signed  the  required Board  of Health form for the effluent will be allowed to discharge at the Town of Plainville approved facility.  Failure to comply with these regulations may result in an enforcement action as provided in the State Environmental Code.

5.4.10 CONSTRUCTION  INSPECTION AND SOIL TESTING LIMITATIONS:
 Inspections shall not be made when snow covers the ground, nor shall soil tests be permitted in frozen soil.

5.4.11 ABANDONMENT  OF ON-SITE SEPTIC SYSTEMS:  Abandonment of on-site systems shall be performed in accordance with the requirements of the Board of Health to be established on case by case basis.

5.5 GENERAL PROCEDURES FOR OBTAINING A DSCP AND CONSTRUCTION OF OSDS.

5.5.1 The  applicant shall complete an application for Site Evaluation, on a form provided by the Board of Health, at the Board of Health Office.  An application fee, as set by the BOH from time to time, must be paid at this time.

5.5.2 The applicant shall secure the services of a State Approved Soil Evaluator and a Registered Professional Engineer or Registered Sanitarian when applicable, qualified in matters of wastewater treatment and disposal who will prepare the design for the proposed system or facility and shall conduct or otherwise arrange  for the necessary soil and other tests  required for proper designs.  The Soil Evaluator or Engineer or Sanitarian  shall contact the Board of Health Office for the purpose of obtaining an appointment such that the soil tests shall be performed in the presence of the Board of Health Agent at a mutually acceptable time.

5.5.3 The  site and soil evaluation shall be performed in accordance with Title 5 and the instructions described in Section VII (2) of these regulations.

5.5.4 The design engineer or sanitarian shall prepare plans for the proposed system and submit to the applicant.

5.5.5 The  applicant shall complete an application for a Disposal System Construction Permit on a form provided by the Board of Health Office, and shall submit four (4) copies of the plans to the Board of Health Office, along with an application fee as set by the BOH from time to time.

5.5.6 The Board of Health Agent/Engineer then reviews the plans.  If the plans comply  with the necessary regulations and are in accordance with good engineering practice, a permit is issued.  One (1) copy of the approved permit and three (3) copies of the plan, stamped "APPROVED" will be returned to the applicant.  The applicant then may apply for a Building Permit from the Inspector of Buildings where applicable.

5.5.7 If the plan is not complete or does not comply with state  or Board of Health Regulations in all respects, it will be returned to the applicant, who must have his designer correct the plan as required.  An additional fee, as set by the BOH from time to time, shall be required for each time the plan is returned for revision,  except for the first one.

 It is strongly recommended that this be accomplished when the foundation forms are in place in order to minimize  the expense and inconvenience of the correcting  an improper installation.  It is the responsibility of the applicant, the designer, and the installer to examine the plan to assure themselves that the house is in the right place and the system can be constructed as shown on the approved plan.  In such case as the structure is not as shown on the approved design plan, a new revised plan shall be required.  An application fee, as set by the BOH from time to time,  shall be required.

5.5.8 Prior to any construction of a system, the location and elevation of the top of the foundation of the structure to be served, and also the location of any on-site well where applicable, shall be located by a Registered Land Surveyor of Registered Professional Engineer, and shall be submitted to the Board of Health on a plan bearing the seal and signature of the Registered Land Surveyor or Registered Professional Engineer, as well as the date.  A copy shall also be submitted to the Plainville Conservation Commission.

5.5.9 Construction of such systems or facilities shall be made by firms or individuals who have obtained a Disposal System Installer's Permit from the Board of Health to perform such services.  The installer shall notify the Board of Health at least three (3) working days prior to start of construction.

5.5.10 Board  of Health Disposal System Construction Permits are valid only for  the person or firm to whom it is issued.  If there is a change in applicant, a transfer permit must be obtained from the Board of Health.  The DSCP shall expire after three (3) years from the date of initial issuance, if the system is not completed.

5.5.11 No liability is incurred by the Town of Plainville or its agent by reason of any approval or any advice given for wastewater disposal or treatment system.  Approval by the town is based on plans and specifications supplied by the applicant.  No quarantee is intended or implied by reason of any approval given by the Plainville Board of Health or its Agent.

5.6 SPECIFICATIONS FOR SYSTEMS

 THE BASIC SPECIFICATION FOR SUCH SYSTEM DESIGNS SHALL BE TITLE 5 OF THE STATE ENVIRONMENT CODE, EXCEPT AS PROVIDED OTHERWISE IN THESE RULES AND REGULATIONS, WHICH INCLUDE ADDITIONAL AND/OR MORE STRICT REQUIREMENTS.

 The plans and specifications shall contain the following information, as well as that required by Title 5, and also as contained in the "Checklist", which is provided as designer  guidance in the appendix to these regulations.

5.6.1 PLANS:  Plan of system area drawn to a scale of 1 inch = 20 feet, showing and the source of water supply; the location of house, garage and/or other structures; layout and profile of sewage disposal system; location of water line, and other underground utilities (where applicable), driveway, foundation drain (where needed), manholes and clean-out plugs: and location of any streams, seasonal brooks and swales, brooks, great ponds, rivers, swamps, drains, and any other wetland resource  areas within 150 feet of the sewage disposal system.

 All on-site wells or other known water supplies within 200 feet for dwellings or other facilities having design flows of 1,000 gallons per day or less, of the proposed leaching area or expansion area  shall be located and shown on the plan.  The distance shall be 500 feet for dwellings or other facilities having design flows greater than 1000 gpd.  All public wells within 500 feet of any proposed OSDS shall be shown.

 The plan shall include a statement that there are no public wells within 500 feet; private wells within 200 feet; bordering vegetated wetlands within 150 feet; inland banks within 150 feet; surface waters within 150 feet; surface drains within 50 feet; open, surface, subsurface or foundation drains which intercept high ground water within 50 feet; vernal pools within 100 feet; storm drainage leaching catch basins or dry  wells within 50  feet; and any boundary of a regulatory floodway or 100 year flood within 150 feet; unless as shown on the plan.

 Elevations shall refer to Mean Sea Level (NGVD Datum of 1929) if available and within a reasonable distance from the site as determined by the Board of Health Agent.

 Elevations shall be obtained by direct measurement in the field in the areas of the OSDS and the various proposed structures on the property.  Elevations obtained by aerial mapping shall not be allowed in those areas.

 The plan shall show spot elevations, including elevation of road, basement floor, top of foundation, garage floor and elevation schedule for the sewage disposal system including invert elevations at house foundation, entrance to septic tank, entrance to distribution box and leaching components including the bottom of the leaching area, and the finished grade of the system construction area.  The high ground water elevation beneath all components of the septic system and the facility to be served shall be shown.  A benchmark shall be provided within 50 feet of the leaching area and shall be shown on the plan.

 Where "stepped" systems are proposed, the plan shall include a cross-section showing the existing grade, the proposed grade, the trenches or other system configuration, the high ground water, and ledge or limiting soil layer.

 For new construction, in addition to the layout of the sewage disposal system, a suitable area shall be designated as being reserved for such expansion of the disposal system as may become necessary.  The area so designated shall provide for 100% relocation of the leaching area, and be in an area suitable for sewage disposal in accordance with these regulations.  Complete design of such expansion leaching structures shall be included.

 Sufficient additional elevations shall be shown, including final grades at each of the four corners of the building, to indicate clearly how the surface drainage is to be handled.  In some cases it shall be necessary to consider effect on nearby properties.  No "low spots" that allow "ponding" of rainfall runoff shall be permitted.

 Materials to be used for the building sewer and all  distribution pipelines shall be specified by the designer and noted on the plan.

 All sewage disposal system designs for dwellings shall include provisions for proper number of bedrooms, dishwasher, automatic clothes washer and garbage grinder, except that upgrades of existing failing systems shall not be required to include the provision for the garbage grinder provided that a suitable document is recorded in the Norfolk County Registry of Deeds which signifies that no garbage grinder shall be installed or used in the dwelling on the subject property.

 All plans submitted must be legible, and must also show the name and address of the applicant for whom plans have been prepared, the name and address of the owner of the property, date, scale, location of lot, street number, lot number, Assessors' map  and lot number, and shall be signed by and stamped with the seal of the "Registered Professional Engineer" or "Registered Sanitarian" responsible for the design.

5.6.2 PERCOLATION AND WATER TABLE DATA

 Percolation tests may be conducted at any time of the year, unless that time period is suspended by a vote of the Board of Health, because of excessively dry or freezing weather conditions.

 All soil testing to determine maximum ground water elevation for septic system design and permits for a given year for new construction must be conducted after December 20th and  completed before May 29th, unless that time  period is extended or shortened by a vote of the Board of Health.  Soil evaluators shall place monitor wells in all deep test pits.  Ground water levels shall be measured by the soil evaluator in such monitor wells between the 22nd and the 29th of a month following the test hole analysis.  All water levels measured are subject to a seasonal ground water adjustment.  This shall be as determined by the Board of Health using the method as described in "U.S. Geological Survey, Water Resources Investigations, Open File Report  80-1205--Probable High Groundwater Levels in Massachusetts", or by the method of soil morphology as determined by the Soil Evaluator with the agreement of the Board of Health Agent.  Other adjustment values may be allowed by the Board on a case by case basis if supported by clear and convincing technical evidence to support such proposal by the soil evaluator.

 For new construction, applications for  percolation testing and high ground water testing during the ground water season shall be submitted prior to April 1st.  Testing shall not be performed during the current year for the applications received after that date.

 A completed soil test application shall consist of the application form, the required fee and a drawn to scale locus plan, no smaller than drawn on a scale of 50 feet to an inch, showing the proposed lot, the proposed location of the test holes and shall indicate generally the location of any water supplies, disposal systems or wetlands within 200 feet of the lot being tested as well as the distance to the nearest intersecting street.  It shall show the location of any public water supply well  within 500 feet.  If there are no such water supplies, disposal systems or wetlands within that distance, it shall be so stated on the locus plan.

 At subject site at the time of testing, the soil classification as shown on the USDA NRCS shall be provided to the Board of Health Agent.  There shall be a minimum of two (2) deep test pits evenly distributed within the limits of the proposed leaching area and integrated expansion area, plus any others that might be designated by the Board of Health Agent,  either at the time of testing or during the plan review period.  If ledge or other severe soil conditions are encountered, it may be necessary to dig additional test holes, including, but not limited to, one at each corner of the proposed leaching area and one in the center, to assure consistent conditions throughout.  An additional test pit shall be dug at the location of the proposed new dwelling or otherwise habitable structure to establish the elevation  of High Ground Water at that location.  Deep test pits shall be dug to a minimum depth of four (4) feet below the bottom of the proposed leaching area, and in no event less than ten (10) feet deep, except in cases of refusal at the test hole location.  The results of the deep test shall be shown in a graphical "log" format, showing soil strata with elevation, elevation of the ground surface, elevation of the bottom of the hole, elevation of any ledge or refusal encountered, the elevation of ground water if encountered, or indicate "none encountered" when applicable, the date of the test and the name of the Board of Health representative who observed such test.  Deep test pit results shall not be accepted or observed by the Board of Health at other times of the year from that designated above, except for the upgrade of systems failing to protect the public health or safety or the environment.

 A minimum of two (2) stabilized percolation tests shall be performed at an elevation which is representative of the soil extending for a depth of four (4) feet below the leaching field and along its side walls.  Additional tests shall be required, either at the time of testing or during the plan review period, when, in the opinion of the Board of Health Agent, the percolation rate is not consistent or similar between the two tests, when large disposal areas are required or where the soil structure varies.  Percolation test shall be conducted in accordance with Title 5 of the State Environmental Code with the following modifications:

 A. Percolation rates shall be expressed to the nearest integer minute per inch.

 B. The overnight soak procedure as described in Title 5 shall be required in all  cases where the percolation rate is slower than fifteen (15) minutes per inch.

 C. The results of the percolation tests shall be tabulated on an inch by inch basis  and that data shall be inscribed on the design plan. If the rate of water drop is not uniform, in  the opinion of the Board of Health or its Agent, the test shall be repeated until such uniform rate is achieved.

 D. The sewage application rates as designated in Title 5 shall not be interpolated. Measured values shall be rounded up to the next percolation rate as stated in Title 5.

 All tests shall be observed by the Board of Health Agent. All test shall be performed in natural soil that has not been disturbed or altered by previous filing, excavation, blasting or other means. All test pits shall be adequately protected by the applicant to prevent accidents to both humans and animals.  The pits shall not be filled in until they have been inspected by the Board of Health Agent.  After the tests are completed and all data has been recorded, the test holes shall be filled.  Test holes shall not be left open overnight.

 In addition to the percolation tests, grain size analysis of the soil shall be required whenever the design flow is greater than 1000 gallons per day, or otherwise deemed necessary by the Board of Health Agent to verify the soil classification.

5.6.3 SEPTIC TANKS
 A. The maximum liquid depth of septic tanks shall be as  follows:
  Tanks  2000 gallons or less - 5 feet
  Tanks > 2000 gallons up to 4000 gallons - 6 feet
  Tanks > 4000 gallons - 7 feet

 B. Septic tanks shall have minimum liquid capacities as follows:

  (1) SEPTIC TANKS FOR SINGLE FAMILY DWELLINGS
 Septic tanks for new dwellings shall be designed to incorporate the use of a garbage  grinder, whether or not such an installation is anticipated at the time of the application of the DSCP.

   Minimum liquid capacity for any dwelling facility shall be 1,500 gallons.

  (2) SEPTIC TANKS FOR MULTIPLE DWELLINGS
 Septic tank sizes  for multiple dwelling facilities shall be the sum of the minimum requirement for each individual unit in accordance with the following table.

 No. of Bedrooms          Minimum Liquid Capacity (Gallons)

  *1   in multiple dwellings only                           300

  *2  in multiple dwellings only        600

  *3  in multiple dwellings only       900

  *4                  1,200

  *5             1,500

For each additional bedroom in excess of 5, add 220 gallons.

 (3)  Septic Tanks for Restaurants shall have a liquid capacity 300% of the daily  flow as estimated from Title 5.

 (4) Septic Tanks for Schools shall have a liquid capacity 200% of the daily flow as estimated from Title 5.

 (5) If any septic tank or distribution box is located under pavement, all manholes shall be extended to finished grade with metal frame and cover.  The manhole shall be constructed to be supported in such a manner as to not place loading on the distribution box or outlet piping which will result in misalignment of the outlets.

 C. LEACHING FACILITIES:

  (1) General:  Leaching trenches shall be used.

 (2) Leaching galleys, chambers, or similar types of  alternative leaching system structures shall only be allowed if proposed in a trench configuration, along the longitudinal axis of the galley, chamber, or other structure.

 (3) Leaching beds or fields or chambers in a bed  configuration will not be approved for new construction.  For unusual necessitating circumstances, such as for replacement of a "failed" leaching area on a lot that has insufficient space to provide for trenches, bed configurations may be used. If such bed configurations are used, 75% of the bottom area shall be considered leaching area for chambers, and 50% of the bottom area shall be considered leaching area for leaching beds or fields.  No credit shall be given for sidewalls.

 (4) For new construction, all single family dwellings shall be designed for a  minimum for 3 bedrooms. A system may be designed for 2 bedrooms if a deed restriction limiting the use of the dwelling to 2 bedrooms is provided.

 (5) Where vents are required by Title 5, they shall be equipped with odor control  in the form of an activated carbon filter with capability for easy replacement of  media. Vent pipe headers for trench systems shall be, at a  minimum, above the crown elevation of the end of the distribution piping.

 (6) Each leaching trench, or other leaching area type, shall be connected to the distribution box so that each distribution box outlet discharges to equal areas of leaching interface.

 D. LTAR - EFFLUENT LOADING RATES

  The listed Title 5 effluent loading rates apply only to settled sanitary sewage or septic tank effluent of typical or normal strength. Other wastewaters, such as from restaurants or supermarkets or nursing homes as examples, may have strengths of Biochemical Oxygen Demand or Total Suspended Solids three times or greater than that of normal strength sanitary sewage. The loading rates required for such stronger  wastewaters shall be determined on a case by case basis depending on the expected concentration of 5-day Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS).  Expected concentrations can be established by sampling and analysis of wastewaters from similar existing facilities, if no other suitable data is available. The modified loading rate for stronger wastewaters at the respective percolation test rates shall be decreased  proportionally for those  parameters, and in no case  shall be such that the loading rate exceeds  0.92 x  10 to the minus 3 pounds of BOD per day  per square foot or 0.34  x  10 to the minus 3 pounds of TSS per day per square foot of horizontal leaching surface (Bottom Area  only).

 E. EXPANSION AREA AND TRENCH SPACING

 For new  construction, the minimum clear distance  between leaching trenches  shall be ten (10) feet.  The area between the trenches shall be utilized for the expansion area,  with the exception of one of the expansion area trenches.

 F. MINIMUM SETBACK DISTANCES AND VERTICAL CLEARANCE

No sewage disposal system  leaching area shall be constructed within 100 feet of any watercourse, pond, stream, brook, river, swamp, marsh, or wetland as defined in state regulations 310 CMR 10.00 - 10.99 of the Wetlands Protection Act.  Such distance is considered minimum and may be increased for multiple dwellings or higher volume sewage discharges.  This distance shall be determined by the Board of Health on an individual basis, depending upon the particular circumstances.

The minimum setback of a leaching area from a foundation or basement drain which penetrates into the water table shall be 25 feet.  If a foundation drain is planned or existing it must be shown on the plan along with its discharge point.  Foundation drainage systems shall not terminate below the surface of the ground.

 The vertical distance from any leaching surface of a subsurface disposal system to bedrock, ledge, fractured ledge or impervious soil shall be a minimum of 6 feet for soils having a percolation rate of 2 minutes per inch or less and 5 feet for soils having a percolation rate of greater than 2 minutes per inch.

All system piping shall be a minimum of six (6) inches above High Groundwater Elevation.

The setback from private water supply wells shall be in accordance with the following:

The minimum setback from the well shall be determined by the soil percolation rate and the vertical clearance of the leaching area above the high ground water  (HGW) as follows.

               Distance   Height
               From well   above HGW
                   (Feet)      (Feet)

Percolation rate 2 minutes per inch or less           175+   5
                                                     151 to 174   6
       126 to 150   7
               100 to 125   8

Percolation rate >2 to 8 minutes per inch            175+   4
151 to 174   5
               126 to 150   6
               100 to 125   7

Percolation rate >8 to <15 minutes per inch           150+   4
126 to 149   5
               100 to 125   6

Percolation rate 15+ minutes per inch        125+   4
               100 to 124   5
 

For all systems having a design flow of 2000 gallons per day or greater, the separation to ground water shall be calculated by adding the effect of ground water mounding to the high ground water elevation.  This calculation requires, at a minimum, the determination of depth to ground  water, thickness of aquifer,  and soil permeability as determined by an in-situ  field borehold permeability test.

G. REVISION TO DESIGN:  The septic system shall be constructed in strict  accordance with the approved plan. No changes may be made without prior written approval of the system designer and the Board of Health.

H. VERTICAL CLEARANCE TO WETLANDS AND FLOOD PLAINS:  No soil absorption  area and no basement floor shall be constructed less than 2 foot above  the 100 year flood level in any area subject to periodic flooding.  No basement floor shall be constructed less than 2 feet above the high ground water elevation.

I. PERMIT IN LANDS BORDERING WETLANDS OR FLOOD PLAIN:  The Board of Health shall not issue a permit for an on-site disposal system that requires any construction or filling or grading within 100 feet of any wetland area or floodway or 10 year flood plain without prior approval from the Plainville Conservation Commission.

J. FILLING OF FLOOD PLAIN:  If filling of floodplain is to be performed for construction of the facilities shown on the Disposal System Construction Permit, compensatory flood storage area and volume, satisfactory to the Board of Health shall be provided.

K. SYSTEM CONSTRUCTION INSPECTIONS:  Inspection requests shall be made to the Board of Health office by the installer, a minimum of 48 hours before the scheduled time for inspection. Ordinarily there shall be an inspection upon excavation  of an area if required to be filled, when the construction has been completed except for backfilling, and when the finished grading of the lot is completed, and at any other time deemed appropriate by the Board of Health Agent.

 The entire system shall remain exposed for the inspection. All manhole covers shall be removed. The distribution box shall be filed with water up to the level of the outlet pipe inverts. In addition, a 5 gallon container of water shall be readily available at the site of the distribution box for testing purposes. A water supply hose shall not substitute for the 5 gallon container.

 At the time of final grade inspection, the septic tank and manhole covers shall be exposed to verify depth.

L. INSTALLER SKETCH

 PRIOR  TO FINAL BACKFILL INSPECTION:  The installer shall submit to the Board of Health a sketch showing dimensions from the building corners to the septic tank opening, distribution box, and ends of trenches or centers of pits. Also, depths of all access covers shall be stated.

5.7 ALTERNATIVE, INNOVATIVE AND SHARED SYSTEMS

 For  alternative, innovative, or shared systems, the Board of Health may establish any special conditions necessary to ensure adequate protection of public health and safety and the environment, and to ensure appropriate evaluation and testing. Such conditions may include without limitation:  specification of site effluent characteristics; flow limitations; monitoring; testing; and reporting requirements; a requirement that a certified operator operate the system; or financial assurance mechanisms. The Board of Health may also specify  changes or modifications of requirements otherwise applicable to conventional systems that are appropriate for use of the alternative, innovative, or shared systems.

 Except for upgrades for "failed" systems, construction or use of shared systems are prohibited until, in the opinion of the Board of Health, sufficient financial and management safeguards are available to assure the protection of the public health, safety, and the environment in the Town of Plainville.

5.8 INTERCEPTOR DRAINS

 Lowering the water table through the use of interceptor or curtain drains to permit marginal or unacceptable conditions to be improved to meet minimum requirements for the installation of subsurface sewage disposal systems is prohibited by the Board of Health.

5.9 SYSTEMS IN FILL - DEWATERING

 Any system fill shall be placed upon a dry or dewatered, scarified area. When the excavation for the septic system to be constructed penetrates to a depth below the water table, it shall be necessary that the design engineer devise a procedure to accomplish the necessary dewatering and placement of the system fill. Such plan shall be submitted to the Board of Health for approval prior to any implementation. The Conservation Commission shall also be contacted for any conditions that might be required by the Commission for this operation.

 It shall be necessary that the design engineer be present on the job site during the dewatering operation and the placement of fill below the elevation of the water table in order to supervise the operations. The area to be filled shall be dewatered and scarified.  The fill material shall be dumped at the edge of the excavation and then pushed by crawler tractor or cast by an excavator backhoe onto the prepared area. Upon completion of the placement of the fill as described, the engineer shall  write a letter of certification to the Board of Health to the effect that the fill has been placed in accordance with the prescribed procedure.  The Board of Health office shall be notified at least 48 hours in advance as to when the operations will be conducted.

5.10 ADDITIVES TO SEPTIC SYSTEMS,  TANKS, OR CESSPOOLS

 No chemical or biological system cleaner additive is allowed in the septic systems, septic tanks, or cesspools in the Town of Plainville unless approval is granted, in writing, by the Town of Plainville Board of Health.

 In order for the Board of Health to make a decision regarding the approval for such use, the applicant shall provide the following:

 1. Provide laboratory or other analyses to clearly identify the constituents of the product.

2. Provide technical data which establishes the required quantities or dosages to be used for various applications, as well as the mechanism by which the product functions.

 3. Case histories which demonstrate that any beneficial effect is  the result of the product rather than other circumstances.

 4. Description and quantities of any and all residual products as a result of the  treatment.

 5. Estimated time span over which the septic system or cesspool recovery may be expected before additional measures must be taken.

 6.  Provide data  which clearly and convincingly demonstrates that the process  is not injurious to the public health, will not contaminate ground water, or be  otherwise harmful to public or environmental health.

5.11 PUMP SYSTEMS

5.11.1  GENERAL:

 A. The design engineer shall provide complete specifications for the pump, and also include the name of the manufacturer, performance curves, as well as calculations for the total dynamic head and the corresponding pump flow rate in gallons per minute. The pump rate must be shown to provide a minimum velocity in the force main piping of 2.5 feet per second.

 B. The pump installation shall include a control panel, which includes, for each pump, a Manual On-Manual Off-Automatic On-Off switch, visual alarm, audible alarm, and audible alarm silencer switch. There shall be a minimum of 3 switches in the pump chamber.

 C. Provision shall be included to drain the force main after each pump cycle to avoid freezing. Also, the force main shall have a constant uphill pitch from the pump to the point of discharge, unless other measures acceptable to the Board of Health Agent are provided toe prevent freeze-ups.

 D. The alarm shall be connected to a separate electrical circuit form the pump.

 E. The pump electrical system shall be equipped with a transfer switch to allow connection to a portable generator.

 F. Prior to inspection of the pump system, the system designer shall conduct a  flow rate test for each pump and certify such in writing to the Board of Health.

 G. The system installer shall cause the pump electrical system to be inspected and approved  by the electrical inspector.

 H. The  pump  shall be located beneath the access manhole of the pump chamber.

 I. The access manhole shall be constructed to finished grade with a secure cover that is either lockable or extra heavy weight to prevent unauthorized access.

5.11.2 PUMPING PRIOR TO SEPTIC TANK
 If pumping is permitted prior to a septic tank, the minimum septic tank capacity shall be 1500 gallons, and the outflow of the septic tank shall not exceed 15 gallons per minute.  For a standard 1500 gallon septic tank, with a depth of approximately 4 feet, the maximum time per on-pump cycle to achieve this for pumping rates higher than 15 gallons per minute is a follows:

  Pump Rate (gpm)   Maximum  On-Time (minutes)

    20          5.
    30          2.5
    40          1.8
    50          1.4
    60          1.1

 Cycle time for other size septic tanks shall be determined on a case by case basis. The pump flow rate shall be less than 60 gallons per minute at the total dynamic head for non-grinder pumps and shall be less than 20 gallons per minute at the total dynamic head for grinder pumps.

 At a minimum, the submittal and installation requirements for pumping less than 25% of the design daily flow shall include items designated in Section 5.12. A.  For pump systems serving 25% of the design flow or greater, all requirements of Section 5.12 shall be met unless otherwise allowed by the Board of Health Agent.

5.12 REQUIREMENT FOR ADVICE TO OCCUPANTS
 Prior  to the issuance of a Certificate of Compliance by the Board of Health, the applicant or the system installer shall:

 A. Provide a permanent chart at a location in the dwelling near the building sewer  exit location, which shows the as-built location on the lot of the septic tank, distribution box, leaching area, and well where applicable.

 B. The chart shall also contain a written advisory as follows:
 "The Board of Health recommends that the septic tank be inspected every 3 years. The septic tank shall be pumped, at the owner's expense, when the depth of the sludge at the bottom of the tank plus the depth of scum at the top of the tank are one-third or more of the total tank liquid depth below the outlet pipe".

5.13 ADDITIONS, ALTERATIONS, CHANGES OF USE, AND INCREASES IN DESIGN FLOW OF EXISTING BUILDINGS

 1. REQUIREMENT FOR FORM A

 No  building construction for additions or alterations to existing buildings served by on-site wastewater disposal systems, or changes of use, or increases in design flow shall be allowed or shall proceed until the Board of Health has reviewed the proposal and issued an approval.  for these situations, the applicant shall complete a "form A" and pay an application fee as may be set by the BOH from time to time.

 2. MINOR ADDITIONS TO SINGLE FAMILY DWELLINGS

 The following will normally receive BOH approval as long as the required setbacks are observed.  No septic system modifications will be required unless there is an on-going sewage  overflow.  No septic system inspection will be required except for location purposes if its location is not known.

 Unfinished porches, breezeways, windows or chimneys; enclosure of existing porch or breezeway, not be a finished room;

 Detached accessory structures such as tool sheds, storage buildings, garages, gazebos, and cabanas;

 Bathrooms, as long as the wastewater flows by gravity to the septic tank, and no pumping is involved.

 Interior room revisions with no change in number of rooms.  This does not include construction of additional bedrooms, additional kitchens, or additional  rooms in an existing larger space.

 3. FLOOD, FIRE, OR NATURAL DISASTER

 No septic  system upgrade will be  required, provided that there is a direct replacement, with no increase in gross floor area, and with no significant change in foundations, and provided that there is not an on-going sewage overflow.

 4. EXTENSIVE REHABILITATION OF AN UNOCCUPIED DILAPIDATED STRUCTURE

 It will be required that the septic system be upgraded to present day standards.

5.14 VARIANCE PROCEDURES (See also Section Eleven)

 A. The Board of Health may vary the application of any of these Board of Health rules and regulations with respect to any particular case when, in its opinion, the enforcement thereof would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and the person requesting the variance has established that an equivalent level of public health and environmental protection will otherwise be provided without strict application  of the provisions for which the variance is sought.

 For new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of substantially all  beneficial use of the subject property in order to be manifestly unjust.

 Every variance request shall be in writing and shall make reference to the specific regulation for which a variance is sought, and a statement  which provides evidence of the conditions stated above.

 No application for a variance shall be considered complete until the applicant has notified all abutters by certified mail, return receipt requested, at his/her own expense, at least  ten days before the Board of Health meeting at which the variance request will be on the agenda.  The notification shall reference the specific regulation from  which the variance is sought, a statement of the required standards, and the date, time and place where the application will be discussed.

 B. Any variance allowed by the Board of Health shall be in writing.  Any denial of the variance shall also be in writing and shall contain a brief statement of the reasons for  denial. When, in its opinion, it is in the public health interest, the Board may require that the variance granted be placed on record by a document filed at the Registry of Deeds.

 C. Any variance or other modification authorized to be made by these regulations may be subject  to such qualification, revocation, suspension or expiration as the Board of Health expresses  in it grant.  A variance or modification authorized  to be made by these  regulations may otherwise be revoked, modified or suspended, in whole or in part, only after the holder thereof has  been notified in writing and has been given an opportunity to be heard.

5.15 SPECIAL INDUSTRIAL AND COMMERCIAL REQUIREMENTS

 For industrial or commercial projects or for any other project except for construction of single and two family dwellings, as well as any industrial or commercial operations conducted on residential dwelling property of any size, and also to  any hobbyist operation  which utilizes materials on the Massachusetts Substance List, septic tanks serving any such facilities shall have the contents of the  septic tank serving the facility sampled and tested on an annual basis for volatile organic compounds (EPA 624 or equivalent) and  pH, as  well as any other parameters  required by the Board of Health on a case by case basis, including but not limited to hydrocarbons, heavy metals, pesticides, semi-volatile organics, and non-volatile organics.  The sampling  shall be performed and the results submitted to the Board of Health without having to be requested.  The sample shall be taken in the time period of March, April, or May of each year and the results submitted to the Board of Health prior to July 1st.  No floor drains from such facilities, except those serving only sanitary facilities, shall be discharged to an OSDS.

5.16 RESERVED FOR LATER INCLUSION

5.17 ENFORCEMENT

 A. The provisions of Title 1 of the State Environmental Code shall govern the enforcement of these regulations.

5.18 SEVERABILITY:

See Section Twelve.
 
 

SECTION  SIX

SOLID WASTE DISPOSAL/RECYCLING HAULERS
PERMITTING AND OPERATION
REGULATIONS

AMENDED – May 3, 2000
 

6.1 AUTHORITY

These regulations are shall be effective on and after September 16, 1998 and shall remain so until modified or amended by the Plainville Board of Health. They are enacted under authority which includes, but is not limited to, Massachusetts General Laws, Chapter 111, Section 31, and 31B, and 310 CMR (Code of Massachusetts Regulations) 11.02, and 310 CMR 19.00 et seq. Board of Health regulations are an exercise of power under which the various levels of government are responsible for protection of the public health, safety, welfare, and the environment.

6.2 PURPOSE

These regulations of the Board of Health have been enacted for the purpose of the protection of the citizens of Plainville and also the protection of the public health and the environment.

6.3 DEFINITIONS

a. SOLID WASTE shall mean useless, unwanted or discarded solid, liquid or contained gaseous material, resulting from municipal or household activities that is abandoned by being disposed or incinerated or is stored, treated or transferred pending such disposal, not including any hazardous waste, special wastes or leaf and yard wastes.

b. SPECIAL WASTE shall mean a solid waste that requires special handling (i.e. demolition/construction material) or disposal techniques or methodologies to protect public health or safety or the environment.

c. HAZARDOUS WASTE shall mean any waste that is defined and regulated under 310 CMR 30.00;

d. LEAF and YARD WASTE shall mean any deciduous and coniferous seasonal deposition, grass clippings, weeds, hedge clippings, garden materials and brush.

e. FACILITY shall mean a licensed solid-waste resource recovery plant or approved sanitary landfill.

f. PERMITTEE shall mean any person(s) or company, which has applied for and obtained the appropriate permit to collect solid waste within the limits of the Town of Plainville.

g. REFUSE COLLECTION VEHICLE shall mean any vehicle used for the delivery of SOLID WASTES.  Said vehicle shall be in a safe, clean condition and in good repair.
6.4 GENERAL

a. Any persons or firms engaged in the collection of solid waste shall obtain a permit from the Board of Health and shall collect only household rubbish, non-recyclable paper, garbage and other permitted solid waste materials from residential households, municipal establishments, or commercial/industrial customers in the Town of Plainville, and shall remove same to an approved location or facility in accordance with these rules and regulations, as well as all other applicable rules and regulations.

b. The PERMITTEE shall provide recycling service to allow compliance with the State of Massachusetts Department of Environmental Protection Solid Waste Bans by the effective date of those bans and any other item deemed feasible by the Board of Health, which include but are not limited to the following items:

       Material             Effective Date of Ban

Lead acid batteries   12/31/90
Leaves, tires & white goods  12/31/91
Other yard waste   12/31/92
     (extended to 4/1/93)
Metal & glass containers  12/31/92
     (extended to 4/1/93)
Single polymer plastics  12/31/94
Recyclable paper   12/31/94
Flattened cardboard   12/31/94
# 4 – 7 Plastics    04/01/97
 

In order to encourage recycling, all permitted solid waste disposal/recycling permittees serving residential, municipal and commercial/industrial customers in the Town of Plainville shall provide customers with the option of recycling, on a scheduled basis, as may be set by the Board of Health from time to time.  The service for the collection and disposal of both solid waste and recyclables shall be charged at a single flat fee.

6.5   PERMITTING PROCEDURE

a. All persons collecting SOLID WASTES in the Town of Plainville shall obtain a permit from the Board of Health prior to commencing with the collection of solid waste.

b. At the time of application or as otherwise specified, the permittee shall submit to the Board of Health the following information:

1. A completed application form.
2. A non-refundable application fee in an amount to be set by the Board of Health from time to time for each vehicle.
3. The total number of current residential, municipal and commercial/industrial customers serviced by the collection at time of application.
4. A description of the collection vehicles(s) to be used, including the make, model, registration, year, type and size of compactor, and the company name appearing on the vehicle(s).
5. An exact figure of the tonnage of refuse and recyclables that the permittee has collected submitted to the Board of Health monthly.  The submitted information will include:
? The quantity of refuse and recyclables in tons;
? Copies of weight slips or vendor receipts documenting the tons
? A description of the recyclables by material type (i.e. co-mingle or paper)
? A summary of pick up date(s) covered and the acceptance by the entity accepting the recyclables;
? The date and signature of that entity’s representative; and
? The origin of the recyclables (i.e. Town of Plainville)
 Failure to provide this required information within the time period may result in revocation, suspension, or modification of this permit.

c. The PERMITTEE shall include a permit fee of $50.00 for the first vehicle, $5.00 for each additional vehicle, with the application and proof of property/liability insurance.

d. The Board of Health reserves the right to require all collection vehicles which are to be used in Plainville, to have affixed on them any markings concerning authorization to conduct refuse collection transportation of solid waste.

e. A PERMITTEE is allowed the right to appear before the Plainville Board of Health at a hearing to discuss its application by filing such hearing request in writing with the Board.

6.6 INSURANCE

a. Each applicant shall furnish the Board of Health certificates from an insurance company licensed to do business in the Commonwealth of Massachusetts showing the applicant carries Public Liability and Property Insurance.  Certificates of Insurance’s shall be furnished each year upon renewal of permit.

b. The applicant shall make certain that the above insurance policy is not cancelled prior to notification of the Board of Health.  This notification shall be not less than thirty (30) days prior to such cancellation.

6.7 OPERATIONAL PROCEDURES

a. The permit will be valid for a period of not more than one (1) year, renewable annually on the first day of January, subject to review and approval by the Board of Health.

b. No permit shall be transferable except with the approval of the Board of Health.
c. The PERMITTEE shall deliver all solid wastes collected within the corporate limits of Plainville to a licensed solid waste resource recovery plant or approved sanitary landfill.

d. THE PERMITTEE shall provide recycling service to allow compliance with the State of Massachusetts Department of Environmental Protection Solid Waste Bans by the effective dates of those bans.

e. All recyclables must be collected bi-weekly.  PERMITTEES are required to collect both paper products and co-mingles (glass/plastic/metal) at each pickup.

f. It is the responsibility of the customer, (commercial/industrial, municipal and residential) not the town, to dispose of recyclables materials currently not accepted as part of the town’s recycling program in a proper fashion.

g. The PERMITTEE shall take all reasonable care in the collection of refuse.  Refuse shall not be scattered about the streets or onto private property.  Refuse, which is spilled, shall be immediately picked up by the PERMITTEE and removed with other wastes.

h. The Board of Health reserves the right to inspect collection vehicles and loads at reasonable times in order to ensure that they comply with all applicable state and local laws, by-laws and regulations.

i. Any violation of these regulations or any other applicable laws or regulations by the PERMITTEE will be grounds for suspension, modification or revocation of said permit.

j. The PERMITTEE shall provide at least two days, annually, for the collection of “bulk” items such as but not limited to couches, chairs, mattresses. Etc.

k. The PERMITTEE may enter into contractual agreements with commercial/industrial or municipal customers within the Town of Plainville, provided that these customers are responsible for all fees (pickup, transportation and disposal) and that they follow the recycling guidelines outlined in these regulations.

l. The individuals empowered to enforce the provision of these regulations shall be the Agent of the Board of Health, any member of the Board of Health or any Police Officer of the Town.

m. PERMITTEES are required to provide their customer with a list of acceptable waste types and recyclables according to sections 3 and 4 of these regulations and with a list or description of proper packaging or bundling methods of same.

6.8 INDEMNIFICATION:

a. PERMITTEES may enter into arrangements for the collection of refuse and recyclables with individual residents, the municipality and commercial/industrial customers of the Town, in which the PERMITTEE will be paid directly by the customer.  The Town shall have no liability for payment to the PERMITTEE for any residential or commercial/industrial collection and disposal work that is not included in the TOWN’S contract
 

b. The PERMITTEE shall take all responsibility for the work and take all reasonable precautions for preventing injuries to persons or damage to property; shall bear all losses resulting to the collection company on account of the quantity or character of the work; shall assume the defense of and indemnify and hold harmless, the Town of Plainville, its officers, agents and servants from all claims relating to labor and materials furnished to the work, and for all injuries to any person or corporation received or sustained by or from the PERMITTEE and employees doing the work, in consequence or any improper materials, implements or  labor used therein; and to any act, omission or neglect of the PERMITTE and its employees.

c. The PERMITTEE agrees to indemnify the Town for any liability that may arise from the improper treatment, storage or disposal of hazardous wastes collected within the Town.

6.9 SUSPENSION, MODIFICATION OR REVOCATION OF PERMITS:

a. Any refuse/recycling collection permit may be suspended, modified or revoked by the Board of Health upon receipt of evidence satisfactory to the Board that the PERMITTEE has not conformed to the requirements of these regulations or such further regulations as may be adopted or to any applicable state or federal statute, regulation, rule or order regarding the transportation or disposal of solid waste concerning the collection and disposal of rubbish.  Appeals of such suspensions, modification or revocations may be directed to the Board of Health within ten (10) business days of said suspensions, modification or revocations.

6.10 SEVERABILITY:

a. Each of these regulations shall be construed as separate to the end that, if any regulations, clause or phrase thereof, should be held invalid for any reason, the remainder of the regulations and all other regulations shall continue to be in force.
 
 

SECTION SEVEN

DESIGN, OPERATION, AND MAINTENANCE OF SMALL WASTEWATER TREATMENT FACILITIES

7.1   PERMIT REQUIREMENTS

7.1.1   DISPOSAL WORKS CONSTRUCTION PERMIT:

No system or facility to be used for treating, neutralizing, stabilizing, or disposing of wastewater from homes, public buildings, commercial or industrial buildings, or any types of establishments, shall be located, constructed, installed, operated, altered, or repaired until a DISPOSAL WORKS CONSTRUCTION PERMIT for such shall have been issued by the PLAINVILLE BOARD OF HEALTH. No construction of any building or facility which rely upon on such wastewater system or facility shall be allowed until a DISPOSAL SYSTEM CONSTRUCTION PERMIT shall have been issued by the PLAINVILLE BOARD OF HEALTH.

Such system or facility as regulated herein shall include, but not be restricted to: sewers serving such facility, wastewater pumping stations, wastewater treatment works, all wastewater treatment operations, sludge treatment and management, disinfection, advanced waste treatment, subsurface disposal and land treatment, wastewater recycling and re-use.

Such system or facility as regulated herein shall be referenced as SMALL WASTEWATER TREATMENT PLANT ( "SWWTP").

7.1.2   CERTIFICATE OF COMPLIANCE AND OPERATIONS PERMIT:

No SWWTP as permitted herein shall be placed in service, nor shall new buildings or facilities or additions to existing buildings or facilities which rely upon such SWWTP be occupied or used until the Plainville Board of Health has issued a CERTIFICATE OF COMPLIANCE AND OPERATIONS PERMIT.

7.1.3  SERVICE AREA AND LIMITATIONS:

The SWWTP shall not serve a volume of sewage flow from any subject project in excess of the aggregate volume that would be generated by each lot, which could have constructed upon it, a septic system installed and operated in full compliance with Title 5, the State Environmental Code and the regulations of  the Plainville Board of Health.

In order to provide adequate wastewater treatment capacity in the event of a failure of said SWWTP, each residential lot connected to a SWWTP shall be shown to have reserve area adequate to construct a septic system in accordance with Title 5, the State Environmental Code and the regulations of the Plainville Board of Health.
 7.2 SUBMITTALS:

7.2.1  APPLICATIONS, REPORTS, PLANS, DATA, DOCUMENTS

A copy of all applications, reports, plans, specifications, data, and supporting documents required by these regulations and by the regulations of any other agency in connection with the approval or operation and maintenance of the  subject facility shall be submitted to the Plainville Board of Health.  In the case of requests for a Plainville Board of Health action, such materials shall be submitted a minimum of 90 days prior to the date upon which an action by the Plainville Board of Health is desired.  In the case of submittals to other agencies, all material shall be submitted to the Plainville Board of Health at the time of submittal to that agency.  A Plainville Board of  Health System Works Construction Permit will not be issued prior to approval by the Massachusetts Department of Environmental Protection. Other submittals shall be made in accordance with schedules as specifically designated by the Plainville Board of Health.

7.3  OTHER REGULATIONS AND GUIDELINES:

7.3.1 FEDERAL, STATE, AND LOCAL REGULATIONS

The applicant for any SWWTP shall comply with all applicable FEDERAL, STATE, and TOWN regulations as existing and may be amended from time to time.  All data, reports and plans designated by those regulations shall be submitted to the PLAINVILLE Board of Health.  All data required by these regulations shall be promptly submitted to the PLAINVILLE Board of Health in a timely fashion.

7.3.2  STANDARDS FOR DESIGN, OPERATIONS,  AND MAINTENANCE:

These regulations herein do not and are not intended to cover all aspects of engineering design, operation, and maintenance of SWWTPs.  Rather they outline the specific PLAINVILLE BOARD OF HEALTH INTERESTS AND POLICIES that may not be adequately reflected in other existing regulations, policies, and manuals.  Where local regulations or specifications herein are more strict, they shall prevail. Where regulations or specifications or guidelines of other political subdivisions or agencies of jurisdiction or as included herein are more strict, they shall prevail.

The applicant shall specifically follow the following regulations and guidelines which address the various aspects for the systems and facilities considered herein, and are incorporated as a part of these regulations by reference where applicable.

           MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL
            PROTECTION  ( DEP)

   Guidelines for the Design, Construction, Operation, and Maintenance
                of Small Sewage Treatment Facilities with Subsurface Effluent Disposal
                Title 5 - The State Environmental Code
                Ground Water Quality Standards
                Ground Water Discharge Permit Program
   NEW ENGLAND INTERSTATE WATER POLLUTION
          CONTROL COMMISSION (NEIWPCC)

            Guidelines for the Design of Wastewater Treatment Works - TR-16

  WATER POLLUTION CONTROL FEDERATION (WPCF - MOP #8)

  Manual of Practice No. 8 - Wastewater Treatment Plant Design

  RECOMMENDED STANDARDS FOR SEWAGE WORKS:
            GREAT LAKES - UPPER MISSISSIPPI RIVER BOARD OF
  STATE SANITARY ENGINEERS ( the Ten State Standards)

  WATER POLLUTION CONTROL FEDERATION (WPCF MOP - # 9)
  MANUAL OF PRACTICE NO. 9 - SEWER DESIGN AND CONSTRUCTION
            ( Same as AMERICAN SOCIETY OF CIVIL ENGINEERS Manual
            and Reports on Engineering Practice No. 37)

  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
            Municipal Environmental Laboratory, "Design Information on Rotating
            Biological Contractors (EPA-60012-84-106)

For situations not covered by these regulations and guidelines, good engineering practice, as determined by the PLAINVILLE Board of Health, shall govern.

While it is recognized that certain modifications or exceptions may be necessary where justified in unusual situations, any such modifications or exceptions shall only be provided by application for variance to the Plainville Board of Health. Any variances to these regulations issued by the Plainville Board of Health shall comply with the provisions outlined in the State Environmental Code, Title 5.

7.4 GENERAL PROJECT PLANNING REQUIREMENTS:

Certain basic principles shall be considered early in the planning and design process in order to ensure that the SWWTP development process will meet all requirements.

7.4.1  ENVIRONMENTAL COMPATIBILITY

The plans for the proposed system or facility shall take into account all aspects of the public health and environmental quality protection.  Efforts shall be taken to preserve water supply, private property, wetlands, wildlife habitat, recreational sites, historic sites, and natural beauty.

The design shall  be prepared so as to have the least possible adverse impact on the public health and the environment.

The project proposal shall include evidence that the wastewater system or facility will result in the least adverse impact on the public health or the environment as compared with other possible wastewater management alternatives for the project.
7.4.2  GENERAL DISCHARGE AND TREATMENT REQUIREMENTS

No discharge from a SWWTP shall result in degradation of ground or surface waters in a manner inconsistent with their proposed use.  There shall be compliance with all applicable water quality standards.  The existing characteristics of the receiving waters must be considered to ensure compliance.  There shall be no discharge into any wetland, stagnant waters, lakes, or streams.

7.4.3  HYDROGEOLOGICAL  INVESTIGATION:

The applicant shall submit a hydrogeological survey report, prepared by a qualified geotechnical engineer or hydrogeologist, to show the impact of the subsurface discharge of the SWWTP on ground water.  The report shall include a determination of the flow direction, contaminant levels, extent of wastewater discharge plume, ground and surface waters affected, and any interaction with water supply, public or private.  This analysis shall be performed for the SWWTP design plan and also for any other viable wastewater treatment or disposal strategy for the project to be served.

7.4.4  WETLANDS AND FLOOD PLAINS:
No portion of the SWWTP shall fall within 100 feet of wetlands or the "100 year" Flood Plain.

No portion of the subsurface disposal works for a SWWTP shall be located less than 200 feet from a wetland or the 100 year "Flood Plain".  No component of the treatment plant, except for underground piping, shall be constructed less than two (2) feet above the high water level in any area subject to flooding.

Such distances are considered "minimum" and may be increased by the  Plainville Board of Health if site specific conditions warrant.

7.4.5  GENERAL SITING AND DESIGN REQUIREMENTS:

SWWTP design shall include attenuation of odor or noise problems, and shall satisfactorily address the general aesthetic appearance, to both protect the operator and to satisfy neighborhood environmental requirements.
 7.4.5.1  DISTANCES

No portion of the SWWTP shall be located less than the following distances stated to the components listed as follows:

MINIMUM ACCEPTABLE  SEPARATION DISTANCES IN FEET
                                                       Plant        Pumping Subsurface  Leaching     Sewer or
 Component   Buildings Station  Tank   Area         Force Main

 Well*     100  100  100   400   50
 Water Supply
 Line     ---    10    10     25     10
 Dwelling Unit   100   50    50    100     --
 Subsurface Drain  ---    25    25     50*     5
 Property
 Boundary    150   50    50    100    10
 Subsurface Water* 100  100  100   200    50
 Wetland*    100  100  100   200    50
 

      * This distance may be required to be greater if the hrdrogeological evaluation
          indicates that contamination will occur at the stated distance.

7.4.6  ULTIMATE DISPOSAL OF SLUDGE AND SOLIDS:

Provision for final or ultimate disposal of sludge and solids shall be clearly indicated and established.  The estimated quantity must be stated. if sludge and solids are to be disposed of off-site, the final destination must be established prior to issuance of any permit.  The applicant must demonstrate, to the satisfaction of the Plainville Board of Health, that the destination for the sludge and solids is in compliance with all applicable federal, state, and local regulations and, also is that it will reliably be available for such purpose for the length of time that its use is required for the SWWTP.

If disposal is to be on-site, it must comply with the terms of the section above "General Discharge and Treatment Requirements".

7.4.7   TREATMENT  PLANT  RELIABILITY:

The SWWTP shall be planned and designed so as to provide for maximum reliability at all times.  The facility shall be capable of operating satisfactorily during power failures, flooding, peak loads, equipment failure, and maintenance shutdowns.  Such reliability shall be obtained through the use of various design techniques which will result in a facility which is virtually "Fail Safe".

Multiple units or dual compartments with unit drains shall be provided for all processes, including disinfection facilities, so that draining, cleaning, repairing, or replacing, and other maintenance can be provided without omitting any treatment processes.

7.4.8  BY - PASSES  AND  OVERFLOWS:

No by-passes, either upstream of or at the SWWTP shall be permitted.

7.4.9  DISINFECTION:

Disinfection of the SWWTP effluent by ultraviolet irradiation or ozonation shall be required.

7.5  SUBSURFACE  DISPOSAL  FACILITIES:

7.5.1  GROUND  WATER

The bottom interface of any subsurface disposal or leaching facilities shall be located a minimum of five (5) feet above the Maximum Elevation of the Ground Water or Saturated Soil Zone.  This elevation shall include consideration of the mounding effect of the ground water caused by the discharge of the SWWTP effluent. Such analysis shall be calculated using generally acceptable       analytical or numerical methods.  When geologic conditions permit, the "Hantush" formula and procedure may be used.  When the assumptions of that procedure cannot be met to derive a reliable result, it shall be required to utilize such method as finite difference equations for ground water flow and elevation.

7.5.2  DISTANCE   TO  BEDROCK

The bottom interface of any subsurface disposal or leaching facilities shall be located a minimum of  ten (10) feet above the elevation of bedrock or impervious soil layer.  Impervious soil shall be defined as having a percolation rate of greater than twenty minutes per inch.

7.5.3  THICKNESS  OF  PERMEABLE  SOIL

A depth of at least five (5) feet of naturally occurring permeable soil shall be maintained below the bottom of the leaching area.  To be considered permeable, the soil shall have a percolation rate of twenty (20) minutes per inch or less.

7.6  SEWERS

The lateral sewer system serving the SWWTP shall be of a design and construction in accordance with Water Pollution Control Federation Manual of Practice # 9.  Adequate capacity shall be provided for peak flow rates and shall provide for a cleansing velocity of at least two (2) feet per second at 75 percent of the estimated peak discharge.  For low service connection areas, peak flow  rate shall be calculated by the fixture unit method as described in MOP # 9.  The minimum pipe size allowed shall be eight (8) inches in diameter.
 7.7  GROUND  WATER  MONITORING:

7.7.1 INSTALLATION

      The permittee shall install, at a minimum, ground water monitoring wells
      in accordance with the following:

  One up-gradient cluster of three monitoring wells

          Two down-gradient clusters of three monitoring wells

  One monitoring well for ground water level only near the center of the leaching works.

            Screen depths for the cluster wells shall be set at elevations such that at least two screen depths will yield samples at time of seasonal low ground water (e.g. September sampling period).

      Such locations shall be as approved by the Plainville Board of Health and as indicated appropriate from the results of the hydrogeological investigation. Monitor wells shall be installed and in place prior to issuance of the Certificate of Compliance and Operations Permit.

7.7.2   GROUND WATER ELEVATION

The permittee shall determine and provide the Plainville Board of Health with elevations of the water table to the nearest one-hundredth of a foot in all monitor wells on a monthly basis.

7.8   EFFLUENT  LIMITS  AND
         TESTING  REQUIREMENTS:

Effluent limitations shall be as required by DEP regulations for Class I and Class II ground waters.  All ground waters are considered to be in this classification unless proved to be otherwise following procedures set forth by DEP.

7.8.1  WASTEWATER

7.8.1.1  TREATMENT  PLANT  INFLUENT

The influent to the treatment plant shall be sampled and tested weekly for 5 - Day Biochemical Oxygen Demand (B.O.D.) and Total Suspended Solids
 7.8.1.2 TREATMENT  PLANT  EFFLUENT

The effluent from the treatment plant shall be sampled and tested as follows:

            DAILY            Flow      ph                Specific Conductance

            WEEKLY            5 - Day Biochemical Oxygen Demand (B.O.D.)
                                        Total Suspended Solids (T.S.S.)
                                        Coliform Bacteria
                                        Fecal Coliform Bacteria

            MONTHLY        Total Kjeldahl Nitrogen
                                       Ammonia Nitrogen
                                       Nitrate Nitrogen
                                       Total Dissolved Solids
                                       Sodium

  SEMI - Oil and Grease

  ANNUALLY       Volatile Organic Compounds ( USEPA Procedure # 624)

            ANNUALLY         Arsenic                                       Copper
                                          Barium                                        Zinc
                                          Cadmium                                    Mercury
                                          Chromium                                   Total Trihalomethanes
                                          Fluoride                                      Selenium
                                          Lead                                           Silver

            FIVE YEARS        Pesticides
                                          Radioactivity

All sampling and analysis, except for the daily and weekly frequency tests which will commence at time of plant startup, shall be performed initially at sixty days after plant startup and at the stated frequency thereafter.

7.8.2  GROUND  WATER  MONITOR WELLS

Monitoring Well Testing in the upgradient and down gradient wells shall be performed semiannually in the months of April and September for all parameters designated above as semiannually or more often.  Testing for other parameters shall be at the stated frequency, either annually or every five years during the month of April.

On an annual basis, the Plainville Board of Health, either on its own motion or upon written request from the permittee, may review the sampling frequency and the tested parameters and may modify either or both if it deems it necessary.
 7.9  OPERATION

7.9.1  OPERATOR

A Certified Waste Water Treatment Plant Operator having the Grade appropriate for the plant as determined by the regulations of the Board of Certification of Operators of Waste Water Treatment Facilities shall be retained by the permittee.

Such operator shall spend a minimum of three (3) hours per day at the plant. When conditions warrant as may be determined by the Plainville Board of Health, additional hours shall be required.  Such operator shall be designated the Chief Operator and shall be responsible for the operation of the SWWTP.

7.9.2  BACK - UP   OPERATOR

A second Certified Waste Water Treatment Plant Operator, having the same grade as the Chief Operator shall be available in the absence of the Chief  Operator.

7.9.3   OPERATIONAL GUARANTEE

Prior to issuance of the Certificate of Compliance and Operations Permit, the permittee shall provide security in an amount specified by the Plainville Board of Health to guarantee the operation of the SWWTP for a period of at least one year.  The security shall provide for salaries, operational costs, and cost for immediate replacement, if necessary, of a major unit operation of the plant, or in the event of plant failure to operate, an amount sufficient to cover the costs of hauling 100% of the waste water to another facility for disposal for a one year period.

7.10  SEVERABILITY

See Section 12.
 

SECTION EIGHT

8.   UNDERGROUND STORAGE OF HAZARDOUS MATERIALS

8.1   AUTHORITY

This regulation is adopted by the Board of Health under the provisions of Massachusetts General Laws, Chapter III, in the exercise of its power to protect the public health and welfare.

8.2   PURPOSE

The purpose of this regulation is to protect, preserve, and maintain the existing and potential ground water supply, ground water recharge areas, and surface water within the Town from contamination by hazardous materials.

8.3   DEFINITIONS

The following definitions shall apply in the interpretation and implementation of these regulations.

8.3.1   HAZARDOUS MATERIAL AND DISCHARGE

Hazardous Material:  A product or waste, or combination of substances which, because of quantity, concentration, or physical, chemical or infectious characteristics, in the Board's judgment, poses a substantial present or potential hazard to the human health, safety, or welfare, or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed.  Any substance deemed a hazardous waste in Massachusetts General Laws, Chapter 21C, shall also be deemed a hazardous material for the purpose of these regulations.

Discharge:  The disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material into or onto any land or water so that such hazardous material, or any constituent thereof, may enter the environment, or be emitted into the air, or discharged into any  waters, including ground waters.

8.4   UNDERGROUND  STORAGE

The following provisions shall apply to all underground hazardous material storage systems with capacities of fifty (50) gallons or greater.

8.4.1   REGISTRATION OF TANKS

Each owner of an underground tank, storing liquid hazardous materials in quantities totaling fifty (50) gallons or more, shall file with the Board the size, type, age, and location of each tank and the type of hazardous material stored in each.  Evidence of date of purchase and installation, including Fire Department permit, if any, shall be included along with a sketch map showing the location of each tank on the property.  The registration required by this provision shall be initially submitted by April 1, 1984, and shall be submitted annually thereafter within thirty (30) days of April 1.  Tanks that are empty or not in use must also be registered.

8.4.2   TANKS NOT PREVIOUSLY REGISTERED

The owner of such an underground tank who has not previously registered in accordance with Section  8.4.1 shall, if he meets the registration requirement register with the Board initially within thirty (30) days of April 1 of each year.

8.4.3   TANKS WITH INSTALLATION DATE NOT AVAILABLE

Owners of tanks for which evidence of installation date is not available shall at the order of the Board, have such tanks inspected.  If either the Board or the Fire Chief determines that the tank is not product tight, it shall be disposed of under the direction of the Board or the Fire Chief.

8.5   INVENTORY OF HAZARDOUS MATERIALS

8.5.1   RECORD OF  INVENTORY OF TANKS HAVING CAPACITY OF GREATER THAN 300 GALLONS

In addition to the registration required under Sections 8.4 and 8.4.2 above, the owner of a tank having a capacity of greater than three hundred (300) gallons shall maintain, on the premises, an inventory reconciled on a monthly basis of purchases, use, sale, and disposal of hazardous materials. The purpose of this inventory is to detect any product loss and to provide an ongoing record of all quantities of hazardous materials within the town over the registration threshold.

8.5.2   LATEST RECONCILED INVENTORY - PRODUCTION TO BOARD

Upon the request of the Board, the owner shall produce,  within twenty-four (24) hours, the latest reconciled inventory.

8.6   STEEL  TANKS

All steel tanks, having a capacity of greater than three hundred (300) gallons of liquid hazardous material, shall be subject to one of the following tests at three (3) year intervals, and annually after ten (10) years, or if evidence of installation date is not available:

A five (5) pounds per square inch air pressure test performed on an empty tank or any other testing system approved in advance by the Board or the Fire Chief.

Certifications of testing shall be submitted to the Board and the Fire Chief. All tanks failing the test shall be disposed of under the direction of the Board or the Fire Chief.

8.7   UNDERGROUND TANKS --- GENERALLY

The following provisions shall apply to all underground hazardous material storage systems of any capacity.
 8.7.1   TANK CONSTRUCTION

Newly installed tanks shall be protected from internal and external corrosion and shall be of design approved by the Board and the Fire Chief. The following tank construction systems are considered to provide adequate corrosion protection:

1.    All fiberglass construction steel with bonded fiberglass and internal lining.

2.    Cathodic Protection Systems.

3.    Such other tank construction systems as the Board and the Fire Chief shall approve.

8.7.2   ACTION REQUIRED UPON CONFIRMATION OF LEAK

After a leak is confirmed, underground tanks (or piping) must be emptied immediately and removed or repaired forthwith, under the direction of the Board or the Fire Chief.  All contaminated soils, as determined by the Board, must be disposed of by a hazardous waste handler licensed by the Department of Environmental Protection.

8.7.3   HIGH WATER TABLE, SURFACE WATER BODY, AND SUBSURFACE
           DRAIN REQUIREMENTS

New tank installations shall not be permitted within five (5) feet of the maximum high water table or within one hundred (100) feet of a surface water body, or fifty (50) feet of a subsurface drain.

8.7.4   WATERSHED OF A DRINKING WATER RESERVOIR AND PUBLIC WELL REQUIREMENTS

Underground tanks that are to be installed within the watershed of a drinking water reservoir, or within the cone of depression of a public well (or lacking a defined cone of depression within one thousand (1000) feet of a public water supply well), must submit, for review by the Fire Chief, the Board or its Agent, and the local Water Commissioners or their Agent, a plan outlining the procedures or devices, such as product sensors and/or area monitoring devices, to be used to prevent water supply contamination.  The plan must be endorsed by representatives of the three (3) departments noted above prior to tank installation.

8.8   VARIANCE

See Section Eleven

8.9   ENFORCEMENT

8.9.1   REPORTING OF DISCHARGE

Any person having knowledge of an illegal discharge of hazardous material shall immediately report the discharge to the Board and, if flammable or explosive materials are involved, he shall also report it to the Fire Chief.

8.9.2   RIGHT OF ENTRY

Where probable cause exists, the Board and its agents may enter upon privately owned property for the purpose of performing their duties under this regulation.

8.9.3   PENALTY

Any person who violates any provisions of this regulation shall be punished by a fine of not more than one thousand ($1000) dollars.  Each day, or portion thereof, during which a violation continues shall constitute a separate offense.  If more than one, each condition violated shall constitute a separate offense.

      This regulation may be enforced pursuant to Massachusetts General
      Laws, Chapter 40,  Section 21D, by a Town Police Officer or other
      Officer having police powers.  Upon request of the Board or the Fire
      Department, the Board of Selectmen and Town Counsel shall take
      legal action as may be necessary to enforce these regulations.
 
 
 
 

PLAINVILLE BOARD OF HEALTH
REGULATIONS AFFECTING SMOKING IN CERTAIN PLACES
Amended Regulation
 
 

SECTION I: DECLARATION OF PURPOSE

WHEREAS, there exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, various cardiac diseases, negative birth outcomes, allergies, and irritation to the eyes, nose, and throat to both the smoker and the nonsmoker and

WHEREAS, the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers and

WHEREAS, environmental tobacco smoke (ETS), which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes death, by lung cancer alone of 3,000 Americans each year (U.S. EPA, 1993) and

WHEREAS, an estimated three thousand (3,000) minors begin smoking every day in the United States and more than 80% of all smokers begin smoking before the age of 18 and

WHEREAS, nicotine in tobacco has been found by the U.S. Department of Health and Human Services to be as addictive as heroine and cocaine and

WHEREAS, despite state laws prohibiting the sale of tobacco products to minors, access to tobacco products by minors is a major problem and therefore action is needed to curtail youth access of tobacco.

Pursuant to Massachusetts General Laws Chapter 111, Section 31, the Plainville Board of Health recognizes the right of those who wish to breath smoke free air and enacts the following Regulations to protect and improve the health of the residents of the Town of Plainville and as a strict and enforceable system to prevent access to and the illegal sale of tobacco products to minors.

SECTION II: AUTHORITY

This regulation is promulgated under the authority granted to the Plainville Board of Health under Massachusetts General Laws Chapter 111, Section 31 that, “boards of health may make reasonable health regulations.”

SECTION III: DEFINITIONS

As used in this regulation:

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

Employee means any individual who performs services for an employer in return for wages or profit.

Employer means any individual, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Plainville or any agency thereof, which regularly uses the services of two (2) or more employees.
 

Enclosed means a space bound by walls and under a roof.

Freestanding Display means an individual display of tobacco products or chewing tobacco from which individual packages or cartons may be selected by the customer, which is not attached to or on top of a checkout counter, or where distribution of the tobacco products is not directly controlled by an employee.

Health Care Facility means any office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions including but not limited to rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratory offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within this profession.

Individual means any employee, volunteer or any other person who patronizes an area where tobacco products are sold.

Indoor Sports Arena means any sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports events.

Municipal Building means any building or facility owned, operated, leased or occupied by the municipality, including school buildings or grounds.

Non-smoking Area means any area that is designated and posted by the proprietor or person in charge as a place where smoking by patrons, employees or others is prohibited.

Pouring License means a Section 12 license as defined by the Massachusetts Alcoholic Beverage Control Commission that permits the sale of alcoholic beverages to be drunk on the premises.

 Public Place means any building or facility owned, leased, operated or occupied by the municipality including school buildings or grounds; an enclosed, indoor area when open to and used by the general public, including but not limited to the following facilities: licensed childcare locations, educational facilities, elevators accessible to the public, clinics and nursing homes, inns, hotel and motel lobbies, stairwells, halls, entranceways, public restrooms, libraries, schools, municipal buildings, museums, retail stores, retail food establishments, hair cutting establishments, laundromats, indoor sports arenas, theaters, beano or bingo games, auditoriums, public transit 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.

Renovation means any change in structure less that 25% of the total assessed value and the cost is over $25,000.

Restaurant means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishment which gives or offers food for sale to the public, guests or employees for on-premises consumption, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
 
 

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

Retail Store means any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, articles or other things, including retail food stores.  “Retail Store” shall not include restaurants as defined herein.

Seating Capacity means that capacity designated on the occupancy permit of a restaurant, theater, or sports arena.

Self-Service Display means a display from which individual packs or cartons of tobacco products may be selected by a customer.

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette or other tobacco product in any other form.

Workplace means any area within a structure or portion thereof at which two (2) or more employees perform services for their employer (including the personal residence of the employer during those hours when used as a place of employment).  It also includes employee lounges, restrooms, conference rooms, hallways, stairways, and entranceways.
 

SECTION IV: SMOKING PROHIBITED

No person shall smoke, nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or the designee of such person, permit a person to smoke in any of the following places as defined herein: restaurants, retail stores, retail food stores, supermarkets, grocery stores, health care facilities, polling places, public places, indoor sports arenas, public transportation, or workplaces except as otherwise provided in Section IV of this regulation.

 A.  Restaurants

1.  All restaurants shall become smoke-free by January 1, 1994.  All bars shall become
smoke free by July 1, 1994.

2. Smoking in bars may be allowed by the Board of Health, provided that the air system of
the smoking area is completely isolated from the non-smoking areas, and that there is an adequate air cleaning and ventilation system with exhaust to the atmosphere outside
of the building, all running on a continuous basis during the hours of operation.

3. An "adequate air cleaning/ventilation system" shall mean a mechanical unit comprised of
an air cleaning device and air circulating fan approved by the Board of Health of Plainville,
and also shall include ventilation to the outdoors.

4. The air-cleaning device shall be a device or combination of devices properly located,
providing ten (10) air changes per hour and capable of removing particles as small as 0.03 microns, including smoke, dust, bacteria, and 99% of all pollens in clean air discharged into the room in such a manner so as to prevent short-circuiting from the outlet to the inlet of the device.  An "air change" shall mean the volume of the air occupying the room in which the air-cleaning device is installed.

5. Satisfactory performance of the air cleaning device shall be determined by test by an
independent laboratory for air filter performance [ASHRAE Standard 52 - 76].  It shall
also be tested and approved for electrical safety.

6.  In addition, there shall be provision for fresh air intake of 35 cubic feet per minute to be
drawn into the space for every occupant that may be in that space.

B.   Museums, Libraries, Clinics, Nursing Homes, Auditoriums, Indoor Sports Arenas,
      Hotels

Smoking areas may be designated in museums, libraries, inns, hotel, and motel lobbies,
clinics, nursing homes, long-term care facilities, theaters, auditoriums, educational facilities, indoor sports arenas provided however, that comparable non-smoking areas of sufficient size and capacity are available and provided further, that physical barriers and/or ventilation systems are used to segregate smoking areas from non-smoking areas.  Hallways, elevators, entranceways, stairwells, restrooms, and waiting areas in all the above facilities may not be designated as smoking areas.  Areas designated as smoking and non-smoking areas must be conspicuously marked.

C.  Public Transit Facilities

The prohibition of smoking in public places shall apply to buses, taxis, and other means of public mass transit while operating within the boundaries of the Town of Plainville, and indoor platforms.

 D.   Retail Stores

The prohibition of smoking in public places shall apply to retail stores doing business with the general public.  Smoking areas may be designated in portions of said stores not open to the public and all areas within retail tobacco stores.

E.  Municipal Buildings

Smoking shall be prohibited in all public areas of municipal buildings.

F.  Areas Where Smoking Is Optional

Notwithstanding any other provision of these regulations, the following areas shall not be subject to the smoking restrictions of the regulations:

1. Any business, which has been declared by its owner, operator, manager or person in
           charge to be a non-smoking establishment;

2. Bars (see provisions in Section IV, Part A);

3. The bar area of a restaurant that holds a pouring license, provided that it is (A) separated
from the dining area of a restaurant by location in a separate room or by means of physical barriers that completely enclose the bar area of the restaurant, and is (B) served by an adequate ventilation system as described in Section IV, Part A;

4. Private residences, except those portions used as a childcare or health care office when
operating as such;

5. Hotel and motel rooms rented to guests that are designated as smoking rooms;
6. Retail tobacco stores that are primarily for the sale of tobacco products and
paraphernalia, in which the sale of other products is merely incidental, prohibits minors
from entering the establishment and are not required to possess a retail food permit;

       7. Hotel and motel conference/meeting rooms, and public and private assembly rooms
while these places are being used for private functions;

       8. Private or semiprivate rooms of nursing homes and long-term care facilities, occupied
by one (1) or more patients, all of who are smokers who have requested in writing on  the facility admission form to be placed in rooms where smoking is permitted;

       9.  Limousines for hire, when the driver and all passengers affirmatively consent to
smoking in such vehicle;

      10. Performers upon the stage, provided that the smoking is part of a theatrical   production.

SECTION V: IMPLEMENTATION

The proprietor(s) or other person(s) in charge of a place covered by this regulation shall prevent
smoking in non-smoking areas by:

A. Conspicuously posting a notice or sign at each entrance to the public place indicating smoking is prohibited therein except in specifically designated areas.  In addition, conspicuously posting "Smoking" or "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 permitted or prohibited by this regulation;

B. Arranging seating so that existing physical barriers, ventilation systems and available space are utilized to minimize the exposure to smoke of persons in the non-smoking area.  Non-smoking areas are to be situated near the fresh air intake vent of the building;

 C.   Asking patrons who may be smoking in the non-smoking area either to refrain from smoking or to move to a smoking area;

D.  Using any other means, which may be appropriate and reasonable to enforce these  regulations.

SECTION VI: WORKPLACE

A.  It shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described in Section IV, (B);

B.  In all areas where smoking is permitted as described in Section IV (B), each employer shall specifically designate enclosed areas in which employees may smoke provided, however, that comparable non-smoking areas of sufficient size and capacity are available and provided further, that physical barriers and/or ventilation systems are used to segregate smoking areas from non-smoking areas.  Hallways, elevators, entranceways, stairwells, restrooms and waiting areas in all the above facilities may not be designated as smoking areas.  Areas designated as smoking and non-smoking areas shall be conspicuously marked;

C.  Each person having control of premises upon which smoking is prohibited by this regulation, or his/her agent or designee, shall conspicuously display upon the premises an appropriate number of signs reading "Smoking Prohibited by Law."

D. It shall be unlawful for any person having control of any premises upon which smoking is prohibited by this regulation to knowingly permit, or for his or her agent to knowingly permit, a violation of this regulation.
 

SECTION VII: NEW CONSTRUCTION AND RENOVATIONS

New construction and renovations shall be designed and constructed such that smoking areas are to be situated near the fresh air intake vent of the building.  The air from such facilities shall be vented directly outside and not recirculated within the building or mixed with the general dilution ventilation for the building.
 

SECTION VIII: PUBLIC PLACES/WORKPLACES ENFORCEMENT

A.  Any person who smokes in a non-smoking area shall be subject to a fine of no less than twenty-five dollars ($25.00) and no more than fifty dollars ($50.00) for each violation.

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

1. A fine of up to two hundred dollars ($200.00) for each day a violation continues; and

2. Suspension of any license issued by the Board of Health for that public place for a
    period of up to two days for each day of non-compliance.

         C.       In addition to the remedies provided by (A) and (B) above, the Board of Health or any person
aggrieved by the failure of the proprietor or other person in charge of a public place or
workplace to comply with any provision of this subsection, may apply for injunctive relief to
enforce the provisions of this subsection in any court of competent jurisdiction.

 D.        Any person aggrieved by the failure or refusal to comply with restrictions 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 fifteen days to the complainant that he has inspected the area described in the
        complaint and has enforced the provisions of this section as provided herein.
 

SECTION IX: PROHIBITION OF ADVERTISING OF TOBACCO PRODUCTS ON PUBLIC TRANSPORTATION VEHICLES

No person shall display on or in any bus, taxicab licensed or garaged within the Town of Plainville or any other vehicle used for public transportation within the Town of Plainville an advertisement for cigarettes, cigars, pipe tobacco, smokeless tobacco, or other tobacco product.  Anyone violating this regulation shall be subject to a fine of $100.00 per day per vehicle.
 
 
 

SECTION X:  OTHER APPLICABLE LAWS

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

SECTION XI: TOBACCO SALES REGULATIONS AND PROHIBITION

A.  Sales to Minors

In conformance with Massachusetts General Laws, Chapter 270, section 6, whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen (18) or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen (18), shall be punished according to the fine schedule set forth in Paragraph (L) of this section.

B.  Posting State Law

1.   In conformance with Massachusetts General Laws, Chapter 270, section 7, a copy of the
Massachusetts General Laws, Chapter 270, section 6, shall be posted conspicuously by
the owner or the person in charge thereof in the establishment which states:
“Massachusetts state law prohibits the sale of tobacco to any person under the age of
eighteen (18).

2.   The notice to be posted shall be provided by the Massachusetts Department of Public Health and made available from the Board of Health of the Town of Plainville.  Such 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 so 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.

3.   For all other cash registers that sell cigarettes, 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.  Such notice must be posted in 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 no less than four (4) feet or more than nine (9) feet from the floor.

C. Permit for the Location and Sales of Tobacco

1.  It shall be unlawful for any retail business to sell any tobacco product unless that retailer holds and maintains a valid Tobacco Sales Permit from the Plainville Board of Health for each location in which tobacco products are sold.  The term of the permit shall be for one year if the licensee complies with the provisions of this section. It shall be the responsibility of the permit holder to ensure compliance with all sections of these regulations. An application for a Tobacco Sales Permit constitutes an agreement by the applicant that the applicant is aware of and agrees to abide by all Town of Plainville regulations and laws concerning the sale and distribution of tobacco products, with the understanding that any violation of these laws and regulations may be cause to have the Tobacco Sales Permit suspended or revoked.

2.  There is a fee for the Tobacco Sales permit which will be determined by the Plainville Board of Health.  All such permits shall be renewed annually on January 1.

3.   After receiving the permit, the merchant will receive signs that state: “Sale of cigarettes or
any other tobacco products to persons under the age of eighteen (18) is illegal, M.G.L. Chapter 270, Sections 6 & 7.

4.   A “Permit for Location and Sales” is non-transferable, except a new permit will be issued to a tobacco retailer who changes locations and has shown compliance pertaining to the provisions of this regulation.

5.   Whoever violates this provision shall be punished by a fine of not more than fifty dollars
($50.00).  Any person unlawfully removing a copy so posted, while said premises are used for the sale of cigarettes, shall be punished by a fine of ten dollars ($10.00).

D.  Free Standing Displays

Free Standing Displays are prohibited.

E.  Sales by Employees

1. In the event of a prospective purchase of cigarettes or other tobacco products at retail by the person age twenty-six (26) years old or younger, the employee responsible for the completion of the sale shall request and examine photographic identification establishing the purchaser’s age as eighteen (18) years or greater as long as such is not in conflict with federal law.

2.   No person or entity selling tobacco products shall allow anyone under age 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 sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the employer, that he/she has read the Regulation.

F.  Free Distribution/Sampling

No person or entity shall, except at full retail price, in or upon any part of the streets, parks,
public grounds, public buildings, or other public places within the Town of Plainville distribute
any products containing tobacco for any promotional or other commercial purpose.

G.  Reduced Pricing

No person or entity shall distribute tobacco products substantially reduced in price from the prevailing average retail price of the particular brand in the Town of Plainville.

H.  Vending Machines

After the effective date of this Regulation, it shall be unlawful to sell or distribute any tobacco product through a cigarette vending machine or any other device used in the sale and distribution of tobacco products within the Town of Plainville, unless said cigarette vending machine is located in a area where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter at any time.
 

I.  Out-of-Package Sales Prohibited

Sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited.
 

J.  Self Service Displays

There will be no self-service displays in the Town of Plainville.

K.  Positioning of Tobacco

Tobacco shall be positioned as follows:
? On the counter facing the clerk/employee;
? Above or behind the counter;
? Displays on counter can be at a distance of no more than 7 feet from the register;
? No floor displays of any tobacco products.
 

L.  Violations and Penalties

It shall be the responsibility of the permit holder and/or his or her agent, to ensure compliance with all sections of this Regulation pertaining to his/her place of business.  The permit holder and/or his or her agent, or the person involved in violation of any of the provisions of this Regulation may receive:

1.   In the case of a first violation, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this regulation shall receive a fine of one hundred dollars ($100.00).

2.  In the case of a second violation within one (1) year, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this regulation shall receive a fine of two hundred dollars ($200.00).

3.  In the case of three or more violations within one (1) year, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this regulation shall receive a fine of three hundred dollars ($300.00).
4.  The Plainville Board of Health may suspend a tobacco sales permit pursuant to this regulation upon determination that the permit holder has committed three (3) violations of this regulation within one (1) year, calculated from the date of the first offense.  The Plainville Board of Health shall provide notice of the intent to suspend a tobacco sales permit, which will contain the reasons therein and establish a time and date for a hearing, which date shall be no earlier than seven (7) days after the date of the notice.  The Plainville Board of Health, after a hearing, may suspend or revoke the tobacco sales permit.
5.      During such a time that a “Permit for Location and Sales” of tobacco products has been              suspended or revoked, all tobacco products shall be removed from the premises.  Failure           to remove all tobacco products shall constitute a separate violation of this Regulation.  A             permit holder whose permit has been revoked may not apply for a new permit prior to the            expiration of one (1) calendar year from the date of the revocation.
 M.  Non-Criminal Disposition
Whoever violates any provision of this regulation, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in General Laws, Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.
 
 

SECTION XII: ENFORCEMENT

Enforcement of this Regulation shall be implemented by the Board of Health of the Town of  Plainville or its designated agent(s).

This regulation may be enforced by periodic, unannounced inspections.

Any citizen who desires to register a complaint of non-compliance under the Regulation may do so by contacting the Board of Health of the Town of Plainville or its designated agent(s).

SECTION XIII. SEVERABILITY

If any provision, clause, sentence or paragraph of this Regulation or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application to this end the provisions of this regulation are declared severable.
 

SECTION XIV -- EFFECTIVE DATE

These regulations shall be effective as of June 1, 1993.
Amended: December 3, 1997. Amended June 6, 2001.
 

PLAINVILLE BOARD OF HEALTH
 

________________________________
Tim Pac, Chairman
 

________________________________
Ned Merrick
 

________________________________
Richard Silveria
 
 

SECTION TEN

10.    RULES AND REGULATIONS ON MOBILE HOME PARKS

10.1  SCOPE OF RULES AND REGULATIONS

Pursuant to the provisions of Chapter 140 of the Massachusetts General Laws, the Board of Health of the Town of Plainville hereby establishes the following rules and regulations governing the establishment, development, and operation of mobile home parks.

10.2  DEFINITIONS

The following words as used in these rules and regulations, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:

Mobile Home:  A dwelling unit built on a chassis and containing complete electrical, plumbing, and sanitary facilities and designed to be installed on a temporary of permanent foundation for permanent living quarters.

Mobile Home Park:  Any lot or tract of land upon which three (3) or more mobile homes occupied for dwelling purposes are located including any buildings, structures, fixtures, and equipment used in connection with mobile homes.

Mobile Home Lot:  A parcel of land provided for the placement of a single mobile home and the exclusive use of its occupants within a mobile home park.

Mobile Home Accessory Building:  Any  awning, cabana, ramada, storage structure, carport, fence, windbreak, porch, or similar structure established on mobile home lot for use of the occupant of the mobile home.

Mobile Home Pad:  That area of a mobile home lot which has been reserved for the placement of a mobile home.

Occupied Area:  The total of all area covered by a mobile home and roofed mobile home accessory buildings on a mobile home lot.

Park Street:  A private way which affords principal means of access to a mobile home lot or  permanent building.

Permanent Building:  Any structure erected and  constructed and permanently affixed to the ground it occupies within any mobile home park.

10.3 GENERAL PROVISIONS

10.3.1
 No mobile home park shall be established, developed, or operated in the Town of  Plainville, nor shall any existing mobile home park be altered, modified, or extended unless a license  therefore has been granted by the Board, acting with the advice of the Planning Board.  No such license shall be granted except in conformance with applicable provisions of the Massachusetts General Laws and the Town's Zoning By-Law.

10.3.2
 No mobile home , trailer, or like structure shall be used for living quarters anywhere in the Town of Plainville except on those locations licensed therefore, unless in case of an emergency or disaster if it is so proclaimed by the Board of Selectmen.  Such temporary permits shall be administered by the Board.

10.4   BASIC REGULATIONS

10.4.1
 No mobile home park shall be less than five (5) acres in area, exclusive of park streets and the area provided for recreation, service, and other permanent buildings.

10.4.2
 There shall be no more than eight (8) mobile home lots laid out on each acre, exclusive of part streets and the area provided for recreation, service, and other permanent buildings.

10.4.3
 There shall be provided central facilities for recreation and services such as laundry, which shall be available to all mobile home park residents.

10.4.4
 At least one (1) off-street parking space, substantially equivalent to a ten (10) foot by twenty (20) foot rectangle, shall be provided for each mobile home lot.

10.4.5
 The occupied area of a mobile home lot shall not exceed 50%  of the lot area.

10.4.6
 No mobile home shall be located closer than fifteen (15) feet to the nearest mobile home lot line or park street, and no mobile home accessory building shall be located closer than ten (10) feet to such a lot line or park street, except as specifically authorized by the Board with the advice of the Planning Board, in a cluster or other arrangement deemed to be suited to the terrain or other considerations.  Each mobile  home shall be located with at least a thirty (30) foot set back from any abutting public street or highway.

10.4.7
 The street system shall conform to construction standards set forth in the Rules and Regulations of the Planning Board for the construction and paving of streets in subdivisions in the Town and shall have direct connection to a public street or highway sufficient to satisfy the safety requirements of the Superintendent of Highways and the Fire Chief.

Access streets connecting park streets to public streets or highways shall have a layout on no less than forty (40) feet in width and shall be acceptable to the Superintendent of Highways as to grading, contour, and surface.

Park streets shall have layout of no less than thirty (30) feet  in  width and have a turnaround with a radius of no less than thirty (30) feet at any terminus.  All park streets shall be lighted, named, and marked.  All lots on each street shall be marked with a number.  The maintenance of park and access streets shall be the responsibility of the mobile home park owner or operator.

10.4.8
  Each mobile home lot within a mobile home park shall have a frontage of at least fifty (50) feet on a park street..

10.4.9
  No mobile home lot shall be located within one hundred (100) feet of any stream, pond, lake, or other waterway except where public sewage facilities are available and utilized, and the location will not present a potential flood hazard.

10.4.10
  No license shall be granted for establishing or developing a mobile home park unless a connection is made to a municipal water supply system and all units within the park are connected to it.  A private water system for use in a central laundry or other similar use may be permitted at the discretion of the Board.

10.4.11
  Where a public sewage system is available at or within the boundary of the park site, connection shall be made to such system to serve all mobile homes and permanent buildings within the park.

10.4.12
  Mobile homes shall not be stored or displayed on park premises except when mounted on a pad on a lot.  New mobile homes displayed for sale by the park owner or operator must be sold for use within the park in which they are displayed.

  Used mobile homes offered for sale by individual mobile home owners must be displayed on a pad  on a lot within the park but may be sold either for use within the park to an individual or to the park owner or operator, or for use outside the park.  The park owner or operator may also display used mobile homes on a pad on a lot for resale within the park premises.

  Nothing in this paragraph shall be construed as permitting the storage of unoccupied mobile homes in any park for sale in the ordinary  course of business, or as inventory, or as permitting the actual sale of such homes in any park except in those districts, as determined by the Zoning By-Law,  wherein such commercial activity is permissible  with or without permits from the proper authority.

10.4.13
  The developer shall provide for a buffer zone of at least thirty (30) feet with appropriate vegetation between the mobile home park and any adjacent property and shall establish a similar thirty (30) foot buffer when such mobile home park shall be adjacent to any highway or road.

10.5  APPLICATION FOR LICENSE FOR MOBILE HOME PARK

 Application for a license to establish a mobile home park or to alter, modify, or extend an existing mobile home park shall be made in writing to the Board.  Upon receipt of such application the Board shall forward a copy thereof to the Planning Board for its recommendation.  Within thirty (30) days of its receipt of the application, the Board shall hold a public hearing on the application.

 The Board shall, with the advice of the Planning Board, act on the application and notify the applicant of its decision within sixty (60) days of such hearing.  Each application shall include the following:

  1.  The name and address of the applicant and the nature of his interest in the property involved.

  2. The name and precise location of the proposed mobile home park or of the existing park to which an alteration, modification, or extension is proposed.

  3.  A detailed plan of the proposed mobile home park or of the proposed alteration, modification, or extension of an existing park, prepared by a registered engineer or land surveyor to a scale of eight (80) feet to the inch showing:

  a. All mobile home lots, park streets, water and sewer systems, and proposed sites for individual sewerage disposal facilities if their use is intended.

    b.  Required buffer zones, open space, playgrounds, and parking areas.

    c.  Water courses and other bodies of water, natural or artificial.

    d. Existing large trees or other natural features.

  e. The contour of the land involved drawn of a scale of five (5) foot intervals to the United States Coast and Geodetic Survey datum.

    f. All abutting land, with names of owners.

  g. A separate key sketch, at a scale of one (1) inch equals two thousand (2,000) feet, showing the relation of the surrounding road networks.  North point of the plan and the key sketch shall be in the same direction.

 h. In the case of land bordering on or including permanent flowing or standing waters, or where the high ground elevation is within six (6) feet of the existing or proposed ground surface level, the Board may require the plan to show existing and proposed contours on a scale of two (2) foot intervals.

 i. In case  of an application for a license for a proposed mobile home park, an itemized estimate of the cost of equipping  the park with the  buildings, structures, fixtures, and facilities necessary to conduct a mobile home park shall be included with the application.

  4. A site report containing the following  information:

 a. Location of the nearest public water system,  the size of the water main serving the area, the location of existing fire hydrants along any public roads adjacent to the development, and the location of proposed fire hydrants within  the mobile home park.

 b. The type of sewage disposal system to be provided or intended to be used in the mobile home park, such as an individual system on each lot, a community system or a municipal system.  The report shall also specify the location of the nearest municipal sewage system and whether it is available and feasible for use.  If a sewage disposal system other than a community of municipal system or individual lot septic tank and leaching field is proposed, the application shall include engineering evidence of satisfactory performance as may be required by the Board.

 c. Statement of the existing use of adjacent properties and intended use of  adjacent properties and intended use of adjacent undeveloped lands if known.

 d. Certified report of a registered engineer indicating the highest known surface water elevations on the mobile home park site in the last ten (10) years and, if required  by the Board, on adjacent properties.

 e. Statement of proposed surface drainage system, including storm drainage flow direction of the mobile home park and adjacent properties and evidence that existing drainage systems, natural or man-made, are of sufficient size to contain the maximum run-off from the site without flooding or erosion.

 f. Such additional information as the Board may request after initial review of the application.

10.6 APPROVAL OR DENIAL OF APPLICATION

The Board may grant a license to an applicant subject to such conditions, consistent with these rules and regulations and applicable provisions of the Massachusetts General Laws,  as it desires to impose.  The Board shall notify the applicant, in  writing, within sixty (60) days of the public hearing conducted on the application, of  its decision to grant or deny the license.

If  its decision is to deny the license, the Board shall include in its decision the reasons  for such denial.  Any license granted shall expire on December 31, in the year of issue  but may be renewed annually upon application without such notice and hearing.

10.7 REVOCATION OF LICENSE

The board may suspend or revoke any license granted  for a mobile home park if the license violates or fails to comply with any conditions, limitations, or restrictions in  the license, or violates or fails to comply with these rules and regulations or the  applicable provisions of the Massachusetts General Laws.

10.8 CONSTRUCTION STANDARDS

10.8.1 MOBILE HOME PAD

The pad shall be constructed from concrete or asphalt concrete sufficient  to adequately support the mobile home and prevent abnormal settling or heaving under the weight of the home.  The mobile home shall be anchored to prevent  wind    overturn and rocking by using tie-downs such as concrete  "dead men", screw augers, arrowhead anchors, or other suitable  devices capable of withstanding a tension of at least four thousand eight hundred (4,800) pounds.  The mobile home shall be boxed in.

10.8.2 WATER, SEWER, AND ELECTRICAL LINES

A plan an profile showing water, sewer, and electrical lines shall be submitted to the Superintendent of Highways for approval.  Utility lines shall not be laid in the same trench, and there shall be a minimum horizontal distance of ten (10) feet between them.  Water/sewer crosses shall be kept to a minimum where crosses are necessary.  Every effort shall be made to have the water  lines pass above the sewer lines where adequate  depths for cover are practical to obtain.

Acceptable sewer pipe material s are cement, asbestos, and rigid plastic such as PVC and ABS.  The water and sewer riser pipes shall form watertight seals and,  when not connected to a mobile home, shall be tightly and securely plugged.

Water and sewer riser pipes shall extend at least six (6)  inches above the mobile home pad.  The water supply riser pipe shall have at least 3/5" inside diameter.  A shut-off valve below the frost line shall serve each mobile home.

Underground stop and waste valves shall be installed on any water service.

10.8.3 ELECTRICAL
Electric power lines shall be either underground or strung from poles in a manner acceptable to the servicing electric power company.  Wires shall not be strewn about on the ground surface or strung from home to home.  All connections shall be installed in accordance with the Massachusetts State Electrical Code.

10.8.4 REFUSE, TRASH, AND GARBAGE
Refuse, trash, and garbage shall not be permitted to accumulate in a manner that creates a potential or real health hazard.  It shall be the responsibility of the park owner to insure that refuse does not accumulate for longer than a week, and that it is kept covered in barrels or metal containers out of reach of children or wild animals.

10.9 WATER POLLUTION CONTROL REQUIREMENTS

Where  an existing public sewer is to be utilized, the applicant shall present such evidence as will show that such utilization is acceptable to the Superintendent of Highways.

10.9.2

When a  sewage system is proposed which involves a discharge to the waters under the control of the Commonwealth, the applicant shall present such evidence as will show that the waste treatment system is approved by the appropriate department of the Commonwealth.  Notwithstanding such approval, the Board may, based on special local conditions, impose additional restrictions upon the installation of such a  system.

10.10 EFFECTIVE DATE

These rules and regulations shall take effect on the date of their adoption by the Board.  On such date of adoption, all rules and regulations previously adopted by the Board which are in conflict with the rules and regulations shall be replaced.
 
 
 
 

SECTION ELEVEN

11.  VARIANCES

 A. The Board of Health may vary the application of any of these Board of Health rules and regulations with respect to any particular case when, in its opinion, the enforcement thereof would be manifestly unjust, considering all the relevant facts and circumstances of the individual case; and the person requesting the variance has established that an equivalent level of public health and environmental protection will otherwise be provided without strict application  of the provisions for which the variance is sought.

 For new construction, enforcement of the provision from which a variance is sought must be shown to deprive the applicant of substantially all  beneficial use of the subject property in order to be manifestly unjust.

 Every variance request shall be in writing and shall make reference to the specific regulation for which a variance is sought, and a statement  which provides evidence of the conditions stated above.

 No application for a variance shall be considered complete until the applicant has notified all abutters by certified mail, return receipt requested, at his/her own expense, at least  ten days before the Board of Health meeting at which the variance request will be on the agenda.  The notification shall reference the specific regulation from  which the variance is sought, a statement of the required standards, and the date, time and place where the application will be discussed.

 B. Any variance allowed by the Board of Health shall be in writing.  Any denial of the variance shall also be in  writing  and shall contain a brief statement of the reasons for  denial.  When, in its opinion,  it is in the public health interest, the Board may require that the variance granted be placed on record by a document filed at the Registry of Deeds.

 C. Any variance or other modification authorized to be made by these regulations may be subject  to such qualification, revocation, suspension or expiration as the Board of Health expresses  in it grant.  A variance or modification authorized  to be made by these  regulations may otherwise be revoked, modified or suspended, in whole or in part, only after the holder thereof has  been notified in writing and has been given an opportunity to be heard.
 

1-1
 

SECTION 12

12. SEVERABILITY:

 If  any part or portion of these Rules and Regulations be as invalid, the adjudication shall apply only to the material so adjudged, and the remaining Rules and Regulations shall be deemed valid and in full force and effect.
 
 
 
 

SECTION THIRTEEN
 

YOUTH POSSESSION OF TOBACCO REGULATIONS
 
 

13.1 STATEMENT OF PURPOSE

WHEREAS conclusive evidence exists that: tobacco use among minors is a leading public health problem in the Town of Plainville and throughout the United States; tobacco use causes cancer, respiratory diseases, various cardiac diseases and low birth weight.  Smokers and non-smokers exposed to second hand smoke have experienced allergies and irritations to the eyes, nose and throat.

More than eighty percent (80%) of all smokers begin smoking before the age of eighteen (18) and more than three thousand (3,000) people begin smoking every day in the United States.  In addition, the United States Department of Health and Human Services concluded that nicotine is as addictive as cocaine or heroin.  As a result, the Town of Plainville recognizes the need to curtail the use of tobacco products by minors, and therefore, enacts the following regulations.
 

13.2 AUTHORITY

The Board of Health, pursuant to the authority granted under Massachusetts General Laws (M.G.L.), chapter 111, Section 31 hereby adopts the following regulation to protect the public health of the community.
 

13.3 DEFINITIOINS

“Minor(s)”  Person(s) under eighteen (18) years of age.

“Tobacco Products” Cigarettes, cigars, chewing tobacco, snuff or any other form of tobacco.

“Public Places” While on, in, or upon any public way to which the public has access; any public park, playground, conservation area, cemetery, parking lot, municipal buildings and the grounds appurtenant thereto.
 

13.4 YOUTH POSSESSION PROHIBITED

No minor may be in possession of a tobacco product in any public place within the Town of Plainville.  Notwithstanding, the foregoing minors may handle tobacco products as an incident of their employment or as an incident of conducting a routine compliance check on behalf of the federal, state and/or local government including, but not limited to, the Plainville board of Health.

 13.5 PENALTIES

1. In the case of the first violation, as defined in Section 13.4; confiscate all reasonable accessible tobacco products in the possession of the violator, notify the violator’s parent(s) or legal guardian(s), of the infraction and;

a) write the violator a ticket for twenty five dollars ($25.00) payable to the Town of Plainville within twenty-one (21) calendar days.

2. In the case of the second violation, as defined in Section 13.4; confiscate all reasonably accessible tobacco products in the possession of the violator, notify the violator’s parent(s) or legal guardian(s) of the infraction and;

a) Write the violator a ticket for fifty dollars ($50.00) payable to the Town of Plainville within twenty one (21) calendar days.

3. In the case of the third violation, and all subsequent offenses, as defined in Section 13.4; confiscate all reasonably accessible tobacco products in the possession of  the violator, notify the violator’s parent(s) or legal guardian(s) of the infraction and;

a) write the violator a ticket for one hundred dollars ($100.00) payable to the Town of Plainville within twenty-one (21) calendar days.

13.6 NON-CRIMINAL METHOD OF DISPOSITION

Whoever violates any provision of this regulation, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in Massachusetts General laws, Chapter 40, Section 21D.

13.7 ENFORCEMENT

The Plainville Health Agent, and designated agents, Plainville Police Department and the Plainville School Principals, and Vice Principals of the Wood Elementary School and Anna Ware Jackson School and King Philip Superintendent and designated staff members shall be responsible for the enforcement of this regulations, associated fines, and implementation of available teen cessation programs.  The Plainville Board of Health reserves the right to amend this regulation.

13.8  SEVERABILITY
If any paragraph, provision of section of this regulation is found to be illegal, against public policy, or unconstitutional, said finding shall not affect the legality of any remaining paragraph(s), provision(s) or section(s) in force.

13.9 EFFECTIVE DATE :   Upon Publication  - February 26, 1999
igned by:
                         _____________________________
                         Bill Burt
                        _____________________________                    _____________________________
                         David O’Toole           Timothy Pac
 
 
 
 
 

Section 14
Body Art & Tattoo Regulations

14.1 PURPOSE

Whereas body art is becoming prevalent and popular throughout the Commonwealth; and whereas knowledge and practice of universal precautions, sanitation, personal hygiene, sterilization and aftercare requirements on the part of the practitioner should be demonstrated to prevent the transmission of disease or injury to the client and/or practitioner; now, therefore the Board of Health of the Town of Plainville passes these rules and regulations for the practice of body art in the Town of Plainville as part of our mission to protect the health, safety and welfare of the public.

14.2 AURHORITY

These regulations are promulgated under the authority granted to the Board of Health Massachusetts General Law 111, section 31.

14.3   DEFINITIONS

Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.

Applicant means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit.

Autoclave means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.

Autoclaving means a process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.

Bloodborne Pathogens Standard means OSHA Guidelines contained in 29 CFR 1910.1030, entitled "Occupational Exposure to Bloodborne Pathogens.”

Board means Board of Health.

Body Art means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing; tattoo-ing; cosmetic tattooing; branding; and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which procedures are prohibited.

Body Art Establishment or Establishment means a location, place, or business that has been granted a permit by the Board, whether public or private, where the practices of body art are performed, whether or not for profit.

Body Art Practitioner or Practitioner means a specifically identified individual who has been granted a permit by the Board to perform body art in an establishment that has been granted a permit by the Board.

Body Piercing means puncturing or penetrating the skin of a client with presterilized single-use needles and the insertion of presterilized jewelry or other adornment into the opening.  This definition excludes piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing.

Braiding means the cutting of strips of skin of a person, which strips are then to be intertwined with one another and placed onto such person so as to cause or allow the incised and interwoven strips of skin to heal in such intertwined condition.

Branding means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a serious burn, which eventually becomes a scar.

Cleaning area means the area in a Body Art Establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art.

Client means a member of the public who requests a body art procedure at a body art establishment and who provides a proper state issued photo identification.

Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII and/or 29 Code of Federal Regulation part 1910.1030. This includes: any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.

Cosmetic Tattooing, also known as permanent cosmetics, micro pigment implantation or dermal pigmentation, means the implantation of permanent pigment around the eyes, lips and cheeks of the face and hair imitation.

Disinfectant means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).

Disinfection means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

Ear piercing means the puncturing of the lobe of the ear with a presterilized single-use stud-and-clasp ear-piercing system following the manufacturer's instructions.

Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.

Exposure means an event whereby there is an eye, mouth or other mucus membrane, non-intact skin or parental contact with the blood or bodily fluids of another person or contact of an eye, mouth or other mucous membrane, non-intact skin or parenteral contact with other potentially infectious matter.

Hand Sink means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.

Hot water means water that attains and maintains a temperature 110º-130ºF.

Instruments Used for Body Art means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.

Invasive means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.

Jewelry means any ornament inserted into a newly pierced area, which must be made of: surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

Light colored means a light reflectance value of 70 percent or greater.

Minor means any person between sixteen (16) and seventeen (17) years of age.

Mobile Body Art Establishment means any trailer, truck, car, van, camper or other motorized or non-motorized vehicle, a shed, tent, movable structure, bar, home or other facility wherein, or concert, fair, party or other event whereat one desires to or actually does conduct body art procedures.

Operator means any person who individually, jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.

Permit means Board of Health approval in writing to either (1) operate a body art establish-ment or (2) operate as a body art practitioner within a body art establishment. Board of Health approval shall be granted solely for the practice of body art pursuant to these regulations. Said permit is exclusive of the establishment’s compliance with other licensing or permitting requirements that may exist within the Board of Health’s jurisdiction.

Person means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.

Physician means an individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112 § 2.

Procedure surface means any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.

Sanitary means clean and free of agents of infection or disease.

Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.

Scarification means altering skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds, which result in permanently raised wheals or bumps known as keloids.

Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.

Sharps Container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.

Single Use Items means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to: cotton swabs or balls; tissues or paper products; paper or plastic cups; gauze and sanitary coverings; razors; piercing needles; scalpel blades; stencils; ink cups; and protective gloves.

Sterilize means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.

Tattoo means the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

Tattooing means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.

Temporary Body Art Establishment means the same as Mobile Body Art Establishment.

Three dimensional “3D” Body Art or Beading or Implantation means the form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of matters such as steel, titanium, rubber, latex, plastic, glass or other inert materials, beneath the surface of the skin of a person.  This term does not include Body Piercing.

Ultrasonic Cleaning Unit means a unit approved by the Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

Universal Precautions means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vo1.38 No. S-6, and as "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures" in MMWR, July 12,1991, Vo1.40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include: hand washing; gloving; personal protective equipment; injury prevention; and proper handling and disposal of needles, other sharp instruments, and blood and body fluid-contaminated products.

14.4 EXEMPTIONS

(A) Physicians licensed in accordance with M.G.L. c. 112 § 2 who perform body art procedures as part of patient treatment are exempt from these regulations.

(B) Individuals who pierce only the lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system are exempt from these regulations.

14.5  RESTRICTIONS

(A) No tattooing, piercing of genitalia, branding or scarification shall be performed on a person under the age of 18.

(B) Body piercing, other than piercing the genitalia, may be performed on a minor provided that the person is accompanied by a properly identified parent, legal custodial parent or legal guardian who has signed a form consenting to such procedure. Properly identified shall mean: a valid photo identification of the parent/guardian and client; a birth certificate of the minor; and/or official documentation with an embossed Commonwealth seal from a probate court identifying the legal guardian.   No body art shall be performed upon a person under the age of sixteen (16).

(C) The following body piercings are hereby prohibited:  piercing of the uvula; piercing of the tracheal area; piercing of the neck; piercing of the ankle; piercing between the ribs or vertebrae; piercing of the web area of the hand or foot; piercing of the lingual frenulum (tongue web); piercing of the clitoris; any form of chest or deep muscle piercings, excluding the nipple; piercing of the anus; piercing of an eyelid, whether top or bottom; piercing of the gums; piercing or skewering of a testicle; so called “deep” piercing of the penis – meaning piercing through the shaft of the penis, or “trans-penis” piercing in any area from the corona glandis to the pubic bone; so called “deep” piercing of the scrotum – meaning piercing through the scrotum, or “transcrotal” piercing; so called “deep” piercing of the vagina; piercing of the urethra, male or female.

(D) The following practices are hereby prohibited unless performed by a medical doctor licensed by the Commonwealth of Massachusetts: tongue splitting or incising; braiding; three-dimensional/beading/implementation; tooth filing/fracturing/removal/tattooing; cartilage modification; amputation; genital modification; introduction of saline or other liquids.

(E) No use of an “ear gun”, “nasal gun”, or the like which causes tissue crush injury (making an individual more prone to infection) and is difficult to sterilize shall be allowed.

(F) No body art shall be performed upon an animal.

(G) No customer should be allowed to perform their own piercing/insertions or body artwork anywhere on the premises.

14.6 OPERATION OF BODY ART ESTABLISHMENTS

Unless otherwise ordered or approved by the Board, each body art establishment shall be constructed, operated and maintained to meet the following minimum requirements:

(A)   Physical Plant

(1) Facility must be in an area zoned for this type of business.

(2) Walls, floors, chairs, tabletops, furniture, ceilings, and procedure surfaces shall be smooth, durable, free of open holes or cracks, light-colored, washable, non-porous and in good repair. Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client. Carpet is not permitted as a floor covering in the work area where the body art is applied.

(3) Solid partitions or walls extending from floor to ceiling shall separate the establishment’s space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces.  Each body artist’s studio shall have a separate area not used for any other purposes and physically separate from other areas so as to eliminate potential containment’s.

(4) Work areas shall not be used as a corridor for access to other rooms.

(5) The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.

(6) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner on duty.  Each establishment shall have an area that may be screened from public view for clients requesting privacy.  Multiple body art stations shall be separated by a dividers or partition at a minimum.

(7) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, where instruments and sharps are assembled and all cleaning areas.

(8) All electrical outlets in operator areas and cleaning areas shall be equipped with approved ground fault (GFCI) protected receptacles.

(9) A separate, readily accessible hand sink with hot and cold running water under pressure, preferably equipped with wrist- or foot-operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment.  Each operator area shall have a hand sink with soap and hand towel dispenser located in each area body art is applied.

(10) There shall be a sharps container in each operator area and each cleaning area.  Only medical grade sharps containers that are puncture resistant, with tight fitting lids are acceptable.  A copy of the contract for “red bag waste” shall be on file with the local Board of Health at all times.

(11) There shall be a minimum of one toilet room containing a toilet and sink.  The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser.  A body art establishment permanently located within a retail shopping center, or similar setting housing multiple operations within one enclosed structure having shared entrance and exit points, shall not be required to provide a separate toilet room within such body art establishment if Board-approved toilet facilities are located in the retail shopping center within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner.  A sign shall be posted in the bathroom that forbids insertion or handling of piercing/jewelry.

(12) Adequate ventilation (such as air conditioner, etc.) to keep area dry and air circulating is required.  For the purpose of this regulation, “Adequate ventilation” shall mean free and unrestricted circulation of fresh air throughout the body art studio.  Use of HEPA ventilation system is highly recommended.

(13) The public water supply entering a body art establishment shall be protected by a testable, reduced pressure back flow preventor installed in accordance with 142 Code of Massachusetts Regulation 248, as amended from time to time.

(14) At least one covered, foot operated waste receptacle shall be provided in each operator area and each toilet room.  Receptacles in the operator area shall be emptied daily.  Solid waste shall be stored in covered, leak proof, rodent-resistant containers and shall be removed from the premises at least weekly.  Waste receptacles shall have a disposable liner bag.

(15) At least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal, state and local laws.  Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning.

(16) All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies.

(17) The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.

(18) The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the body art establishment used for body art activity.

(19) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (e.g., Seeing Eye dogs).  Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.

(20) Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of non-alcoholic fluids being offered to a client during or after a body art procedure.

(B)   Requirements for Single Use Items Including Inks, Dyes and Pigments

(1) Single-use items shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers pursuant to 105 CMR 480.000.

(2) All products applied to, or come into contact with, the skin, such as but not limited to body art stencils, applicators, gauze and razors, shall be single use and disposable.

(3) Hollow bore needles or needles with cannula shall not be reused.

(4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.

(5) Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source.  Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.

(C)   Sanitation and Sterilization Measures and Procedures

(1) All non-disposable instruments used for body art, including all reusable solid core needles, pins and stylets, shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit sold for cleaning purposes under approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer's instruc-tions.

(2) After being cleaned, all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave sold for medical sterilization purposes under approval of the U.S. Food and Drug Administration. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated with an expiration date not to exceed six (6) months.

(3) The autoclave shall be used, cleaned, and maintained according to manufacturer's instruction.  A copy of the manu-facturer's recommended procedures for the operation of the autoclave must be available for inspection by the Board.  Autoclaves shall be located away from workstations or areas frequented by the public.

(4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave used is capable of attaining sterilization by monthly spore destruction tests.  These tests shall be verified through an independent laboratory.  The permit shall not be issued or renewed until documentation of the autoclave’s ability to destroy spores is received by the Board.  These test records shall be retained by the operator for a period of three (3) years and made available to the Board upon request.

(5) All instruments used for body art procedures shall remain stored in sterile pack-ages until just prior to the performance of a body art procedure.  After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.

(6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.

(7) If the body art establishment uses only single-use, disposable instruments and products, and uses sterile sup-plies, an autoclave shall not be required.

(8) When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use med-ically recognized sterile techniques to ensure that the instruments and gloves are not contaminated.

(9) Reusable cloth items shall be mechanically washed with detergent and mechanically dried after each use.  The cloth items shall be stored in a dry, clean environment until used. Should such items become contaminated directly or indirectly with bodily fluids, the items shall be washed in accordance with standards applicable to hospitals and medical care facilities, at a temperature of 160?F or a temperature of 120?F with the use of chlorine disinfectant.

(D)   Posting Requirements

The following shall be prominently displayed:

(1)  A Disclosure Statement, a model of which shall be available from the Board of Health.  A Disclosure Statement shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures.

(2) The name, address and phone number of the Plainville Board Health.

(3)  An Emergency Plan, including:
(a) a plan for the purpose of contacting police, fire or emergency medical services in the event of an emergency;
(b) a telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; and
(c) a sign at or adjacent to the telephone indicating the correct emergency telephone numbers.

(4)   An occupancy and use permit as issued by the local building official.

(5)  A current establishment permit.

(6)   Each practitioner’s permit.

(E)  Establishment Record Keeping

The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Board of Health upon request:

(1)   Establishment information, which shall include:
(a)  establishment name;
(b)  hours of operation;
(c)  owner's name and address;
(d)  a complete description of all body art procedures performed;
(e)  an inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Invoices or packing slips shall satisfy this requirement;
(f) A Material Safety Data Sheet, when available, for each ink and dye used by the establishment;
(g) copies of all waste hauler manifests;
(h) copies of commercial biological monitoring tests;
(i) Exposure Incident Report (kept permanently); and
(j) a copy of these regulations.

(2)    Employee information, which shall include:
(a)  full legal names and exact duties;
(b)  date of birth;
(c) home address;
(d) home /work phone numbers;
(e) identification photograph;
(f) dates of employment;
(g) Hepatitis B vaccination status or certificate of vaccination declination;
(h) training records; and
(i) copies of practitioner’s licenses issued by the Board.

(3)   Client Information, which shall include:
(a)  name;
(b)  age and valid photo identification;
(c)  address of the client;
(d)  date of the procedure;
(e)  name of the practitioner who performed the procedure(s);
(f)  description of procedure(s) performed and the location on the body;
(g)  a signed consent form as specified by 7(D )(2); and,
(h) if the client is a minor (age 16 or 17), proof of parental or guardian identification, presence and consent including a copy of the photographic identification of the parent or guardian. (No body art will be performed on a person under the age of 16.)

            Client information shall be kept confidential at all times.

(4) Exposure Control Plan

Each establishment shall create, update, and comply with an Exposure Control Plan.  The Plan shall be submitted to the Board of Health for review so as to meet all of the requirements of OSHA regulations, to include, but not limited to, 29 Code of Federal Regulation 1910.1030 OSHA Bloodborne Pathogens Standards et seq, as amended from time to time.  A copy of the Plan shall be maintained at the Body Art Establishment at all times and shall be made available to the Board upon request.

(F) No person shall establish or operate a Mobile or Temporary Body Art Establishment.

14.7 STANDARDS OF PRACTICE

Practitioners are required to comply with the following minimum health standards:

(A)   Only appropriate jewelry should be used in piercing.  Appropriate jewelry is made of implant grade, high quality surgical stainless steel (316 E series), solid 14K or 18K gold, niobium, titanium, platinum.  Appropriate jewelry has no nicks, scratches or irregular surfaces that might endanger the tissue.  Ear studs or other jewelry designed for ear piercings are not appropriate jewelry for other body parts and must not be used by artists.

(B) A practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S Centers for Disease Control and Prevention.

(C) A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.

(D) Practitioners who use ear-piercing systems must conform to the manufacturers directions for use, and to applicable U.S. Food and Drug Administration requirements.  No practitioner shall use an ear piercing system on any part of the client’s body other than the lobe of the ear.

(E)    Health History and Client Informed Consent.  Prior to performing a body art procedure on a client, the practitioner shall:

(1)  Inform the client, verbally and in writing that the following health conditions  may increase health risks associated with receiving a body art procedure:

(a) history of diabetes;
(b) history of hemophilia (bleeding);
(c) history of skin diseases, skin lesions, or skin sensitivities to soaps, disinfectants etc.;
(d) history of allergies or adverse reactions to pigments, dyes, or other sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants, which thin the blood and/or interfere with blood clotting;
(g) hepatitis or HIV infection; and
(h) pregnancy.

(2)  Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by section 7(K).

(E)   A practitioner shall maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures. Before performing body art procedures, the practitioner must thoroughly wash their hands in hot running water with liquid antibacterial soap, then rinse hands and dry with disposable paper towels or under heat dryer.  This shall be done as often as necessary to remove contaminants.

(F)   In performing body art procedures, a practitioner shall wear disposable single-use gloves.  Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person.  The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with section (E) before the next set of gloves is put on.  Under no circumstances shall a single pair of gloves be used on more than one person.  The use of disposable single-use gloves does not preclude or substitute for handwashing procedures as part of a good personal hygiene program.

(G)   The skin of the practitioner shall be free of rash or infection.  No practitioner affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establish-ment in any capacity in which there is a likelihood that that person could contaminate body art equipment, supplies, or working surfaces with body substances or pathogenic organisms.

(H)  Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.

(I)   Preparation and care of a client’s skin area must comply with the following:

(1)  Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.

(2)  Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation. If shaving is necessary, single-use disposable razors or safety razors with single-service blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after use.  Following shaving, the skin and surrounding area shall be washed with soap and water.  The washing pad shall be discarded after a single use.

(3)   In the event of bleeding, all products used to stop the bleeding or to absorb blood shall be single use, and discarded immediately after use in appropriate covered con-tainers, and disposed of in accordance with 105 CMR 480.000.

(J) Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied on the area to receive a body art procedure with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents. The applicator or gauze shall be used once and then discarded.

(K) The practitioner shall provide each client with verbal and written instructions on the aftercare of the body art site.  The written instructions shall advise the client:

  (1) on the proper cleansing of the area which received the body art;
(2)  to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site of the body art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art procedure; or
(d) a fever within 24 hours of the body art procedure; and
(3)   of the address, and phone number of the establishment.

A copy shall be provided to the client.  A model set of aftercare instructions shall be made available to the Board.

(L) Contaminated waste shall be stored, treated and disposed in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waster, State Sanitary Code, Chapter VIII.

14.8 EXPOSURE INCIDENT REPORT

An Exposure Incident Report shall be completed by the close of the business day during which an exposure has or might have taken place by the involved or knowledgeable body art practitioner for every exposure incident occurring in the conduct of any body art activity.

Each Exposure Incident Report shall contain:

(1) A copy of the application and consent form for body art activity completed by any client or minor client involved in the exposure incident;
(2) A full description of the exposure incident, including the portion of the body involved therein;
(3) Instrument(s) or other equipment implicated;
(4) A copy of body art practitioner license of the involved body art practitioner;
(5) Date and time of exposure;
(6) A copy of any medical history released to the body art establishment or body art practitioner; and
(7) Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.

14.9 INJURY AND/OR COMPLICATION REPORTS

A written report of any injury, infection complication or disease as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the operator to the Board of Health which issued the permit, with a copy to the injured client within five working days of its occurrence or knowledge thereof.   The report shall include:

(A) the name of the affected client;
(B) the name and location of the body art establishment involved;
(C)  the nature of the injury, infection complication or disease;
(D) the name and address of the affected client’s health care provider, if any; and
(E) any other information considered relevant to the situation.
 
 

14.10 COMPLAINTS

(A)  The Board of Health shall investigate complaints received about an establishment or practitioner’s practices or acts, which may violate any provision of the Board’s regulations.

(B)  If the Board finds that an investigation is not required because the alleged act or practice is not in violation of the Board’s regulations, then the Board shall notify the complainant of this finding and the reasons on which it is based.

(C)  If the Board finds that an investigation is required, because the alleged act or practice may be in violation of the Board’s regulations, the Board shall investigate and if a finding is made that the act or practice is in violation of the Board’s regulations, then the Board shall apply whatever enforcement action is appropriate to remedy the situation, including temporary or permanent revocation of the Practitioner and/or Establishment Permit, and shall notify the complainant of its action in this manner.

14.11 APPLICATION FOR BODY ART ESTABLISHMENT PERMIT

(A)    No person may operate a body art establishment except with a valid permit from the Board of Health.  The Board of Health shall establish the fee schedule of the Establishment Permit.

(B)   Applications for a permit shall be made on forms prescribed by and available from the Board of Health.  An applicant shall submit all information required by the form and accompanying instructions.  The term “application” as used herein shall include the original and renewal applications.

(C) An Establishment Permit shall be valid from the date of issuance until the following March 1, unless revoked sooner by the Board of Health.

(D) The Board of Health shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit:

(1) Name, address, and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the establishment;

(2) The manufacturer, model number, model year, and serial number, where applicable, of the autoclave used in the establishment;

(3)  A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Board’s body art regulations;

(4) A drawing of the floor plan of the proposed establishment to scale for a plan review by the Board, as part of the permit application process, a floor plan showing the layout of the entire establishment, location of all equipment, lavatories, floors, walls and ceiling surfaces, work areas and other pertinent information relative to the body art studio;

(5) Exposure Control Plan;
(6) Such additional information as the Board may reasonably require; and

(7) Mobile body art studio’s shall not be allowed to operate in the Town of Plainville

(E)   A permit for a body art establishment shall not be transferable from one place or person to another.

14.12 APPLICATION FOR BODY ART PRACTITIONER PERMIT

(A)   No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Board of Health. The Board of Health shall establish the fee schedule for the Practitioner Permit.

(B)   A practitioner shall be a minimum of 18 years of age.

(C)    A practitioner permit shall be valid from the date of issuance until the following March 1, unless revoked sooner by the Board of Health.

(D)    Application for a practitioner permit shall include:
(1)   name;
(2)   date of birth;
(3)   residence address;
(4)   mailing address;
(5) photo identification
(6) phone number;
(7) place(s) of employment as a practitioner; and
(8) training and/or experience as set out in (F) below.

(E) Hepatitis B Immunity

(1) Hepatitis B vaccination is essentially required.
(2) An applicant for a Body Art Practitioner License shall provide to the Board of Health, and shall provide to the owner of any Body Art Establishment in which the applicant intends to perform or in which he/she does perform Body Art activity, valid documentation of his Hepatitis B (HBV) vaccination status stating:

(a) Certification of competed vaccination series.  Immunity to Hepatitis B virus typically requires three (3) vaccination shots over a 6-month period.  Temporary employment may begin after the 2nd vaccination shot if the practitioner is involved in a vaccination program with the 3rd vaccination shot planned over the next several months.  The name, title, and telephone number of the vaccine administrator(s) shall be present and legible; or,
(b) Laboratory evidence of immunity;
(c) Documentation stating the vaccine is contraindicated for medical reasons.  Contraindication requires a dated and signed licensed health care professional’s statement specifying the name of the Body Art Practitioner License applicant employee and that the vaccine cannot be given; or,
(d) Certificate of vaccination declination of HBV, i.e. for medical or religious reasons as provided in M.G.L. chapter 76.15.
 

(F) Practitioner Training and Experience

(1) In reviewing an application for a practitioner permit, the Board may consider experience, training and/or certification acquired in other states that regulate body art.

(2)  Training for all practitioners shall be approved by the Board and, at a minimum, shall include the following:

(a) Certification of completion of bloodborne pathogen training program (or equivalent) which includes infectious disease control; waste disposal; hand washing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques; and
(b)  Current certification in First Aid and cardiopulmonary resuscitation (CPR).

Examples of courses approved by the Board of Health include "Preventing Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training" (U.S. OSHA). Training/courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board of Health for approval.

(3) The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity.  This course must include instruction on the system of the integumentary system (skin).

(4) The applicant for a tattoo (including branding) practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity.  This course must include instruction on the system of the integumentary system (skin). Such other course, program or experience as the Board shall deem appropriate and acceptable may be substituted for the anatomy course.

(5) The applicant for all practitioners shall submit evidence satisfactory to the Board of at least two years actual experience in the practice of performing body art activities of the kind for which the applicant seeks a body art practitioner permit to perform, whether such experience was obtained within or outside of the Commonwealth.

(G)   A practitioner’s permit shall be conditioned upon continued compliance with all applicable provisions of these rules and regulations.  A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Board of Health’s body art regulations.

14.14 GROUNDS FOR SUSPENSION, DENIAL, REVOCATION, OR REFUSAL TO RENEW
PERMIT

(A)  The Board of Health may suspend a permit, deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for suspension, denial, revocation or refusal to renew:

(1) any actions which would indicate that the health or safety of the public would be at risk;

(2) fraud, deceit or misrepresentation in obtaining a permit, or its renewal;

(3) criminal conduct which the Board determines to be of such a nature as to render the establishment, practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;

(4) any present or past violation of the Board of Health’s regulations governing the practice of body art;

(5) practicing body art while the ability to practice is impaired by alcohol, drugs, physical incapacity or mental instability;

(6) being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;

(7) knowingly permitting, aiding or abetting an  unauthorized person to perform activities requiring a permit;

(8) continuing to practice while his/her permit is lapsed, suspended, or revoked;

(9) having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board of Health’s regulations; and

(10) other just and sufficient cause which the Board may determine would render the establishment, practitioner or applicant unfit to practice body art.

(B)  The Board of Health shall notify an applicant, establishment or practitioner in writing of any violation of the Board’s regulations, for which the Board intends to deny, revoke, or refuse to renew a permit.  The applicant, establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Board’s regulations.  The Board may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days subject to the procedure outlined in Section 15.

(C) Applicants denied a permit may reapply at any time after denial.

14.14 GROUNDS FOR IMMEDIATE SUSPENSION OF PERMIT

The Board may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the Board determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare.  The suspension of a permit shall take effect immediately upon written notice of such suspension by the Board.

14.15 PROCEDURE FOR HEARINGS

The owner of the establishment or practitioner shall be given written notice of the Board’s intent to hold a hearing for the purpose of suspension, revocation, denial or refusal to renew a permit.  This written notice shall be served through a certified letter sent return receipt requested or by constable. The notice shall include the date, time and place of the hearing and the owner of the establishment or practitioner’s right to be heard.  The Board shall hold the hearing no later than 21 days from the date the written notice is received.

In the case of a suspension of a permit as noted in Section 13, a hearing shall be scheduled no later than 21 days from the date of the suspension.

14.16 SEVERABILITY

If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.

14.17 PENALTIES FOR VIOLATION

The Board may impose either or both of the following:

(A) Criminal
The fine for a violation of any provision of these Rules and Regulations shall be not less than $10.00 nor more than $100.00 per offense.  Each day that a violation continues shall be deemed to be a separate offense.

(B) Non-criminal Disposition
In accordance with MGL chapter 40, section 21D, whoever violates any provision of these Rules and Regulations may be penalized by non-criminal disposition.

14.18 EFFECTIVE DATE

These rules and regulations shall be effective as of May 2, 2001.