TOWN OF TISBURY
BOARD OF HEALTH
REGULATIONS
(Amended and adopted 4/11/2006)
$10.00
09.0 GENERAL REGULATIONS AND POLICIES (pages 5-10)
09.0.1 Scope and Purpose page 7
09.0.2 Regulatory Reference page 7
09.0.3 Waivers page 7
09.0.4 Adoption-Amendment-Effectivity page 8
09.0.6 Document Fees page 8
09.0.7 Non-Criminal Disposition page 8
09.0.7(B) Penalties page 9
09.0.8 Policy Statements page 9
Disclaimer – Partial Invalidity page 10
09.1 WASTEWATER REGULATIONS (pages 11-14)
09.1.1 Coastal Districts page 13
09.1.2 Special Sanitary Control District page 13
09.1.3 Subsurface On-Lot Sewage Disposal page 13
09.1.4 Transportation and Disposal of Privy
Cesspool and Septic Tank Contents page 14
09.2 SOLID WASTE REGULATIONS (pages 15-18)
09.2.1 Scope and Purpose page 17
09.2.2 Authority page 17
09.2.3 Dumpster Siting page 17
09.2.4 Use and Safety page 17
09.2.5 Permitting Procedures page 17
09.2.6 Contractor’s Responsibilities page 18
09.2.7 Application page 18
09.2.8 Garbage Collection & landfill Rules page 18
09.2.9 Disposal of Woodwaste page 18
09.3 DRUGS AND WATER SUPPLY REGULATIONS (pages 19-22)
09.3.1 Private Water Supply Wells page 21
09.4 HEALTH PROTECTION AND DISEASE (pages 23-28)
09.4.1 Health Protection and Disease page 25
09.4.2 Subdivisions page 25
09.4.3 Sandblasting Permit page 25
09.4.4 Prohibition of Sale of Formaldehyde page 25
09.4.5 Discharge of Formaldehyde page 25
09.4.6 Lead Regulation page 26
09.4.7 Fuel Storage of Hazardous Substances page 26
09.4.8 Unsanitary Maintenance of Public
Access/Facilities page 27
09.4.9 Violation of Sanitary Code -
Human Habitation page 27
09.4.10 Living Aboard Boats in Marinas page 27
09.5 FOOD SERVICE (pages 29-32)
Policy Statements page 31
09.5.1 Compliance Surcharges page 31
09.5.2 Mandatory Food Handlers Training page 31
09.5.3 Temporary Food Service Fees page 32
09.5.4 Food Service Violations page 32
09.5.5 Residential Kitchen Operations page 32
09.6 USES, SANITATION, AND NUISANCES (pages 33-36)
09.6.1 Work Engagement Without Valid
Town License page 35
09.6.2 Transportation and Disposal of Privy,
Cesspool and Septic Contents page 35
09.6.3 Disposal of Household or Commercial
Waste page 35
09.6.4 Licensed Junkyard Not in Compliance page 35
09.6.5 Restrooms for Recreational Facilities page 35
09.7 ANIMAL REGULATIONS (pages 37-40)
09.7.1 Animal Excrement page 39
09.7.2 Stable page 39
09.7.3 Domestic Animal Quarantines page 39
09.8 CAMPGROUND REGULATIONS (pages 41-44)
09.8.1 Scope and Purpose page 43
09.8.2 Sanitary Facilities and Fixtures page 43
09.8.3 Maintenance page 43
09.8.4 Water page 44
09.8.5 Emergency Provisions page 44
09.9 COASTAL DISTRICT & BARRIER BEACH REGULATIONS (pages 45-54)
09.9.1 Scope page 47
09.9.2 Designated Barrier Beach page 47
09.9.3 Purpose and Authority page 47
09.9.4 Application page 48
09.9.5 Private Water Supply Wells page 48
09.9.6 Groundwater Protection and
Pollution Prevention page 49
09.9.7 Wastewater Disposal Systems page 50
09.9.8 Requirements-Prohibitions-Conditions page 52
09.9.9 Waivers page 52
09.9.11 Interpretation page 53
09.9.12 Disclaimer page 53
09.9.13 Reference and Coordination page 53
09.9.14 Acquiring Objectives page 53
09.9.15 Erosion Control Measures page 54
09.9.16 Hydroseeding page 54
09.9.17 Waterfowl page 54
09.10 SPECIAL SANITARY CONTROL DISTRICT OVERLAY
DISTRICT OF CRITICAL PLANNING CONCERN OVERLAY (pages 55-62)
09.10 Special Sanitary Control District
Regulations page 57
09.10.1 Regulatory purpose – District of
Critical Planning Concern page 59
09.10.2 Erosion Control Measures page 59
09.10.3(a) Landscaping page 59
09.10.3(b) Commercial Hydroseeding/Fertilizing page 59
09.10.4(a) Septic System Monitoring page 59
09.10.4(b) Certification of Septic Systems page 60
09.10.5 Mounded Systems page 60
09.10.6 Upgrades for Sale and Transfer page 60
09.10.7(a) Modification of Existing Buildings
Special Sanitary Control District page 60
09.10.7(b) Wastewater Generating Devices
09.10.8 New Construction page 60
09.10.9(a) New Septic Systems page 61
09.10.9(b) Seasonal Use page 61
09.10.9(c) Modification of Existing Buildings page 61
09.10.9(d) Wastewater Generating Devices page 61
09.11 RULES AND REGULATIONS FOR BODY ART ESTABLISHMENTS AND PRACTITIONERS (pages 63-80)
09.11.1 Purpose page 65
09.11.2 Authority page 65
09.11.3 Definitions page 65
09.11.4 Exemptions page 68
09.11.5 Restrictions page 68
09.11.6 Operation of Body Art Establishments page 69
09.11.6(A) Operation of Body Art Establishments
Physical Plant page 69
09.11.6(B) Operation of Body Art Establishments
Requirements for Single Use Items
Including Dyes & Pigments page 70
09.11.6(C) Operation of Body Art Establishments
Sanitation and Sterilization Measures
And Procedures page 71
09.11.6(D) Operation of Body Art Establishments
Posting Requirements page 72
09.11.6(E) Operation of Body Art Establishments
Establishment Recordkeeping page 72
09.11.7 Standards of Practice page 73
09.11.8 Exposure Incident Report page 75
09.11.9 Injury and/or Complication Reports page 75
09.11.10 Complaints page 76
09.11.11 Application for Body Art Establishment
Permit page 76
09.11.12 Application for Body Art Practitioner
Permit page 77
09.11.13 Grounds for Suspension, Denial
Revocation or Refusal to Renew Permit page 78
09.11.14 Grounds for Suspension of Permit page 79
09.11.15 Procedure for Hearings page 79
09.11.16 Severability page 79
09.11.17 Effective Date page 79
09.12 TOBACCO CONTROL REGULATIONS (pages 81-86)
09.12.1 Statement of Purpose page 83
09.12.2 Authority page 83
09.12.3 Definitions page 83
09.12.4 Tobacco Sales to Minors Prohibited page 84
09.12.5 Tobacco Sales Permit page 84
09.12.6 Free Distribution page 84
09.12.7 Out-of-Package Sales page 85
09.12.8 Self Service Displays page 85
09.12.9 Tobacco Vending Machines page 85
09.12.10 Violations page 85
09.12.11 Non-Criminal Disposition page 85
09.12.12 Enforcement page 86
09.12.13 Severability page 86
09.12.14 Effective Date page 86
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09.0
GENERAL
AND POLICIES
09.0 GENERAL REGULATIONS AND POLICIES
09.0.1 Scope and Purpose
(1) The responsibilities and authorities of the Board of Health are extensive. The subject matters
addressed include topics related to individual health, animal health, food and drugs, habitation
conditions, nuisances, food service, and an ever growing list of environmental pollution, etc. Statutes pertinent to the concerns and responsibilities of the Board of Health are found in over 50 different chapters of Massachusetts General Law. In addition to the statutes, there are State Sanitary and Environmental Codes, federal laws and regulatory standards.
(2) The Regulations of the Tisbury Board of Health set forth standards and requirements to meet local
needs and conditions. It is the policy of the Board to keep regulations to a minimum.
09.0.2 Regulatory Reference
(1) Major reliance is placed on the State Sanitary and Environmental Codes as the principle regulatory
references. These Codes, together with town regulations and by-laws, provide the regulatory information most commonly required.
(2) The requirements of the State Codes are to be taken as minimum for average conditions and typical situations. The Board of Health may, in specific cases, impose more stringent requirements. Special requirements, peculiar to individual sites, include, but are not limited to, considerations related to the unique circumstances of soil conditions, proximity to water supply sources, distances to established structures and activities, and wetland and water body locations.
(3) When reference to the statutes is necessary, it is often advisable to seek the assistance of an attorney; statues relating to health and environmental subjects are numerous, they are not codified, and they are constantly being repealed, amended, or added to.
(4) When contemplating a regulated activity, construction, or use likely to involve more than one town agency, time can be saved and confusion avoided by inquiring as to the sequence in which the agencies should be addressed. The Buildings/Zoning Inspector can usually provide initial guidance.
09.0.3 Waivers
(1) State and federal statutes and town by-laws cannot be waived.
(2) Under certain conditions, state codes and regulations may be modified or waived, with respect to
selected specifics, by the cognizant state department. In health matters, usually the local Board of Health must request or endorse a waiver application.
(3) Local regulations may be modified or waived, with respect to selected specifics, provided:
· A written application is made, and;
· the application fully describes the locus (including the assessors lot number identification:, gives the property owner’s name and address, cites the specific regulation (including the specifics of page, section, paragraph, sentence, words and/or numbers), describes clearly the waiver requested and why it is requested, and;
· the majority of the Board of Health, after consideration, or after public hearing and consideration, finds a waiver appropriate and consistent with general regulatory intent.
In granting a wavier, the Board may restrict or limit the waiver to any extent, form or requirement the Board finds proper. A waiver shall not become effective until evidenced in writing and signed by at least two (2) members of the Board of Health. During construction, a copy of the waiver must be posted at the site; thereafter, a copy shall be displayed to any officer, inspector, or board agent upon demand.
09.0.4 Adoption – Amendment – Effectivity
The Board, after notice, hearing and vote may adopt or amend regulations. Consistent with statutory authority, the Board may adopt emergency regulations without prior notice or hearing. For standard regulations, the adoption date of a new, or amended regulation, is shown on the lower right hand corner of each regulation. Unless stated otherwise, the date of adoption is the effectivity date.
8/5/80
09.0.5 Document Fees
The Board may charge for documents, including regulations it makes available for public distribution. Where such charges are established they shall not exceed the actual cost of acquisition.
09.0.6 Non-Criminal Disposition (MGL c40 s21D)Offense Fine 2nd Offense Enabling Law
Illegal Dumping $ 50.00 $100.00 MGL 270.16A
Littering $ 50.00 $100.00 MGL 270.16A
Illegal Disposal (household or $ 50.00 $100.00 BOH 09.6.3
commercial waste into public
receptacle.)
Unlawful Discharge into $ 50.00 $100.00 MGL 270.16A
groundwater/waterway
Human Habitation $ 50.00 $100.00 BOH 09.4.9
Sanitary Code Violation(s)
State Sanitary Code Violation(s) $ 50.00 $100.00 BOH 09.5.4
Commercial Hydroseed/ $ 50.00 BOH 09.9.16
Fertilizing Operations
Violation of Lead Laws $500.00 BOH 09.4.6
Animal Excrement $ 25.00 $ 50.00 BOH 09.7.1
Quarantine Fine $ 10.00 $ 25.00 BOH 09.7.2
Sale of Food Without $300.00 BOH 09.5.1
Valid Permit
Alteration/Repair of Septic $100.00 BOH 09.6.1
System without Valid Permit
Feeding Waterfowl Warning $100.00 BOH 09.9.17
Dumpster Violation(s) $ 25.00 $ 50.00 BOH 09.2.4
Licensed Junkyard not in Compliance $100.00 BOH 09.6.4
Unsanitary Maintenance of Warning $ 50.00 BOH 09.4.8
Public Facility/Public Access
09.0.7 Non-Criminal Disposition (MGL c40 s21D) ContinuedOffense Fine 2nd Offense Enabling Law
Work without Valid Permit $100.00 BOH 09.6.1
Fuel Storage Violations $200.00 BOH 09.4.7
Unlawful Hydroseeding $ 50.00 BOH 09.9.16
Work Engagement Without Permit $100.00 BOH 09.6.1
Illegal Disposal of Woodwaste $300.00 BOH 09.2.9
11/7/89 3/27/90 7/24/90 12/18/90 3/19/91 9/29/92 4/11/06
09.0.7(B) Penalties
Whomever violates any Board of Health regulation not listed under 09.0.6 Non-Criminal
Disposition schedule shall upon conviction forfeit a sum not to exceed five hundred dollars ($500.00) for each violation, and each day a violation continues after notice shall constitute a separate offense pursuant to MGL 111 s 31.
09.0.8 Policy Statements
(1) GREYWATER as defined in Title V, 310 CMR 15.10, Sanitary Sewage, is not allowed to
discharge or spill onto the surface of the ground or to flow into the street, roadway, or public place, nor shall such material discharge onto any private property. The Tisbury Board of Health allows separate leaching facilities for washing machine and roof runoff greywater waste, if the septic systems meet State standards of minimum requirements, and if the subsurface disposal system meets the Town’s more stringent requirements for sanitary sewage.
(2) GARBAGE GRINDERS – The Tisbury Board of Health will allow for garbage grinders provided that the septic system receiving the garbage meets all Title V requirements and Town regulations.
(3) PERCOLATION TESTS for individual septic system application and design come under review by the Board of Health if t he test(s) is older than two (2) years.
(4) SEPTIC SYSTEM INSPECTIONS – Septic system inspection reports must be submitted to this office within thirty (30) days of completion and are then valid for two (2) years from date of inspector’s report. Septic System Inspections are required for the following:
· Sale and Transfer of Properties – A letter from this office acknowledging the septic system inspection report and listing any conditions and/or upgrade requirements must be obtained prior to the closing.
· Septic waste running overground.
· Four (4) or more pumpouts of a septic system within one (1) year.
· Any change of use, additions, major renovations, seasonal increase, or any wastewater increase.
· On a schedule set forth in the Town Septage Management Plan adopted by Town Meeting vote of April 24, 2002.
3/31/95
4/11/06
(5) REGISTERED OWNER – The Tisbury Board of Health has a policy not to process engineering
drawings for septic systems if the applicant is not the registered owner of the property for which
the plan has been designed.
11/14/89
09.0 GENERAL POLICIES
09.0.8 Policy Statements Continued
(6) SETTLING TANK ALTERNATIVE – The Board of Health, after discussion with S.P. Engineering and DEP written response, have voted to prohibit the conversion of failed or marginal cesspools into septic/settling tank alternative. the Board requires that the State Minimum Standards be strived for at all times. Variance to this policy may be requested with good cause and documentation.
7/31/90
(7) MOUNDED SEPTIC SYSTEMS shall not be allowed on land unsuitable for a standard leaching pit/trench/field. mounded systems may be permitted only for an existing structure that has been identified as having a failed septic system and is physically restricted from use of a standard leaching pit/trench/field.
1/15/91
(8) 90 DAYS TO UPGRADE – It is the policy of the Board of Health that failed septic systems must be upgraded within ninety (90) days. In the case of an upgrade ordered for property sale & transfer the 90 day period will begin on the date of closing
(9) SEPTIC PLAN SUBMITTED WITH HOUSE PLANS - The Board of Health requires the applicant to submit a floor plan (house plan) with septic system design application. This is required for all new designs, including septic system upgrades/expansions.
1/28/92
(10) BENCHMARKS – The Tisbury Board of Health requires that all benchmarks within the Coastal District must be based on actual NGVD, 1929. All other benchmark data within non-coastal districts can be assumed datum. All other fragile areas are included within the Coastal District for definition of this policy.
2/11/92
(11) SEWER LINES – The Tisbury Board of Health accepts the minimum standards as set by the Commonwealth with respect to the minimum length of the sewer line. 310 CMR 15.01
8/18/92
(12) SINGLE CESSPOOLS – The Tisbury Board of Health considers single cesspools to be failed systems that must be upgraded at the time of sale and transfer.
(13) ALTERNATIVE/ADVANCED TREATMENT SYSTEMS – Any proposed alternative/advanced treatment system requires abutter notification and a hearing prior to Board of Health approval.
(14) PROHIBITION OF NEW OR EXPANDED SYSTEMS IN SEWER DISTRICT – No new septic system shall be constructed and no septic system shall be upgraded or expanded, if it is feasible to connect the property to the municipal sewer system.
If any title, regulation, paragraph, sentence, clause, phrase, or word of this regulation book shall be declared invalid for any reason whatsoever, the decision shall not affect any other portion of this regulation book, which shall remain in full force and effect; and to this end the provisions of this regulation book are hereby declared severable.
09.1
WASTEWATER
09.1 WASTEWATER REGULATIONS
09.1.1 Coastal Districts
For overlay regulations applicable to Coastal Districts see “Special and Overlay Regulations” 09.10.
09.1.2 Special Sanitary Control District
For overlay regulations applicable to Special Sanitary Control Districts see “Special and
Overlay Regulations” 09.10.
09.1.2(B) District of Critical Planning Concern (DCPC)
For overlay regulations applicable to the DCPC District see “Special and Overlay
Regulations” 09.10.
1/3/89
09.1.3 Subsurface On-Lot Sewage Disposal
(1) Access Covers
All accesses to subsurface disposal systems shall be completely closed by durable covers capable of bearing 1,000 pounds per square foot and weighing at least 150 pounds. In lieu of 150 pound weight covers, covers may be secured by two (2) or more heavy metal fasteners (e.g. screws) set into cement embedded metal. Fasteners shall be so configured and tightened as to require a tool to remove. Weight covers or weight overcovers, shall be so formed and placed as to preclude dislodgement by a child. Covers and overcovers, with tops below the surrounding grade, shall be topped with fill and sod, or paved over, so as to avoid a depression into which surface water would drain.
(2) Deep Observation/Monitoring Wells
In addition to percolation test and deep observation hole requirements, the Board may, especially in subdivisions or on large lots, require one or more deep driven observation/monitoring wells. The well tops shall be provided with a threaded cap closure incorporating provisions for an anti-tamper seal.
Well locations, depths, minimum pipe size and pipe-above-the-ground heights shall be specified by the Board of Health.
(3) Maximum Systems – Areas Zoned for Residential Use
Excepting Elderly and low/moderate income housing and other similar arrangements devoted to public interest purposed, (which shall conform to the requirements and maximums set forth for business or commercial districts), there shall be no more than two 92) disposal works systems per lot and no more than two dwelling units connected to one disposal works system. This maximum restriction may be waived in whole or in part in areas where municipal sewers are available for connection at the lot line.
(4) Maximum Systems – Areas Zoned for Business or Commercial Use
Applications for on-lot disposal systems will be considered on an individual basis. Such consideration will, in addition to the usual evaluation (soil condition, water table proximity, flood and tidal infiltration, waterways contamination potential, surface and subsurface pollution, relative health hazards, etc.) take into account proximity of existing and proposed high volume wastewater generators. The Board may reject or limit a permit if it finds the area capacity is, or is likely to be, exceeded. Where and when a municipal sewer connection becomes available the Board may require connection and may, taking into account the sewer/line system capacity, additionally limit wastewater generating facilities.
09.1.3 Subsurface On-Lot Sewage Disposal Continued
(5) Definition of a Failed Septic System
A system is reviewed by the Board of health for possible failure if:
· The system’s effluent is running over the ground
· The system is pumped four (4) or more times in one year
The Tisbury Board of Health will consider for review of possible system failure any system if the septage breaks the surface of the ground, regardless of the weather condition.
The Tisbury Board of Health will consider for review of possible system failure or marginal operational system any system that requires pumping four (40 or more times in one year.
Board of Health Process:
A letter will be mailed to the owner of record requiring that a registered engineer inspect the system and report in writing to the Board of Health for a hearing within seven 97) days of notification. Any person who does not request a hearing or fails to comply with the order pursuant to the provision of Title V shall be in violation of Title V which penalty is provided in MGL Title 1, 310 CMR.
2/28/89 amended 11/28/89 and 3/31/95
(6) Sale of Acid
In the Town of Tisbury no chemical treatment; acid or hydrocarbon, may be used as an additive to sewage disposal system coming from, relating to, or being an acid, which causes a reaction or has the characteristics of acid, or has the corrosive property capable of causing damage to sewage disposal systems, and/or any additive with a pH value that is less than five and one-half.
(7) Potential Bedroom
Tisbury Board of Health considers that a bedroom is any potential living space other than a kitchen, bathroom, living room, dining/family room or service room occupied by furnace, pump, air conditioner or similar service equipment.
11/21/83
With the exception of rooms less than seventy 970) square fee of floor space as recognized in 105 CMR 410.400(B).
3/19/91
09.1.4 Transportation and Disposal of Privy, Cesspool and Septic Tank Contents
Pursuant to 310 CMR 15.02(3), no person or firm shall engage in the pumping or transportation of the contents of any part of an individual sewage disposal system without first obtaining a Septage Handler’s Permit from the Board of Health. Pursuant to MGL 111 s 31, no person shall be issued a permit for the transportation and disposal of privy, cesspool, or septic tank contents without proof of liability insurance.
Compliance Surcharge - In order to properly place some of the increased cost of gaining compliance on the businesses which present the need for enforcement actions, a graduated series of surcharges will be assessed at the time of the next annual license renewal. To determine the fee for the renewal the basic charge will be applied and applicable surcharges will be determined by the highest level of compliance effort required during the past year, as shown on the following schedule:
25% Surcharge – Validated consumer complaints
50% Surcharge – Late Permit Renewal/Operating Without a Permit in Place
100% Surcharge – Citation/Order to Correct Violations
150% Surcharge – Show Cause Hearing
200% Surcharge – License Suspension or Revocation 7/24/90
09.2
SOLID WASTE
09.2 SOLID WASTE REGULATIONS
09.2.1 Scope and Purpose
(1) To control the placement of dumpsters for the protection of the health and safety of the public.
(2) The requirements hereinafter described are minimums for the properly installed dumpsters maintained in a sanitary condition.
09.2.2 Authority
These regulations are adopted under the authority of Chapter 111, sections 31A and 31B of the General Laws of the Commonwealth of Massachusetts.
09.2.3 Dumpster Siting
(1) Each dumpster must be located at a distance from the lot line so as not to interfere with the safety, convenience or health of abutters or residents. Dumpster location must be approved by the Board of Health.
(2) Each dumpster must be sited so as not to obstruct the view of traffic.
(3) When deemed necessary by the Board of Health, it may require that a dumpster site be enclosed or screened by the property owner or authorized agent.
09.2.4 Use and Safety
(1) In residential districts, dumpsters are not to be loaded between the hours of 11:00 P.M. and 7:00 A.M. In commercial and business districts, dumpsters are to be closed and locked during non-business hours.
· NOTE: In all districts, dumpster lids must be kept closed
· WARNING: If a dumpster site is accessible to children, the property owner is responsible to take whatever action/procedures and/or physical arrangements necessary to prevent children from getting on or in the dumpster.
(2) Each dumpster must be of sufficient size and capacity to eliminate overflow, and the property owner or authorized agent of the premises utilizing the service must take appropriate action immediately to empty contents when full.
(3) It shall be the responsibility of the property owner or agent being serviced to maintain the dumpster area free of odors, scattered debris, overflow and all other nuisances.
09.2.5 Permitting Procedures
(1) The property owner or authorized agent responsible for maintaining the dumpster service is required to have a permit from the Board of health for each dumpster. All permits shall expire at the end of the calendar year in which they are issued, but may be renewed annually on application as herein provided.
12/3/84
(2) No contractor, firm or person shall supply a dumpster service in the Town of Tisbury for the purpose of storage, removal or transporting of garbage, rubbish, offal or other offensive substances without first obtaining a permit from the Board of Health. All permits shall expire at the end of the calendar year in which they are issued but may be renewed annually on application as herein provided.
(3) Temporary dumpster permits (roll off or gondola type) will be issued to a property owner or authorized agent for a period of time not to exceed thirty (30) days in connection with construction, demolition, fairs, carnivals or for other similar temporary needs. Said permit may be renewed for additional thirty (30) days upon application. The property owner or authorized agent shall comply with all the provisions of these regulations which are applicable to the operation of the dumpster.
09.2.5 Permitting Procedures Continued
(4) Permits may be suspended or revoked by the Board of health for failure of the dumpster contractor or the property owner or his/her authorized agent to comply with the requirements of these regulations.
09.2.6 Contractor’s Responsibilities
(1) The contractor shall have his/her name and business telephone number conspicuously displayed on the dumpster.
(2) The emptying of the dumpster contents by the contractor shall not commence before 7:00 A.M. and not continue after 11:00 P.M. in residential areas.
(3) The dumpster contractor shall have the dumpster deodorized when emptied and regularly washed and/or sanitized; and shall promptly take such action as the Board of Health may require to promote cleanliness and eliminate odors.
09.2.7 Application
These regulations apply to all dumpsters in the Town of Tisbury whether for residential, commercial or industrial use.
09.2.9 Disposal of Woodwaste
(1) The Board of health in the Town of Tisbury will allow the burial of woodwaste under the following conditions:
· No other type of refuse shall be allowed to become buried with the woodwaste
· Woodwaste is defined as solid waste consisting of trees, stumps, brush and leaves. This includes sawdust, chips, shavings, and bark, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, paints, stains or other coatings.
· Woodwaste materials must be able to completely decompose and may not leach
Woodwaste in amounts greater than 200 cubic yards require site assignment by the Board of Health. Plans for woodwaste disposal in these amounts must comply with 310 CMR 19.03.
Woodwaste generated in amounts less than 200 cubic yards require review before the Board of Health on a case-by-case basis to determine the level of applicability of this regulation to those sites.
Violation of this law carries a non-criminal fine of $300.00.
(2) Scope and Purpose – To control the burial of woodwaste and the prevention of burial of other waste that may be hazardous to the environment or a nuisance.
(3) Authority – This regulation is promulgated under the authority of MGL 111, section 150A and is designed to make more stringent the DEQE (DEP) policy memorandum of August 14, 1987 – POLICY ON THE DISPOSAL OF WOODWASTES.
(4) Background – Brush and stumps may be disposed of in a manner that may potentially cause environmental problems. Brush and stump piles pose a threat of fire and therefore air pollution. Brush and stumps buried on site of a development project may cause land subsidence when the organic material decomposes and settles, particularly if the woodwastes are not well compacted. If a woodwaste disposal area is sufficiently large, the potential exists for future contamination of groundwater sources from organic acids produced as the woodwaste decomposes.
09.3
DRUGS AND
WATER SUPPLY
09.3 DRUGS AND WATER SUPPLY REGULATIONS
09.3.1 Private Water Supply Wells
(1) This section is applicable to private on-site potable water supply wells.
(2) Where connection to the municipal water supply mains is considered practical, the Board of Health may not allow on-site private wells. Private off site potable water supply wells will not normally be permitted, excepting an authorization for temporary and/or emergency use.
(3) Private potable water supply wells must be installed*, proven*, and tested* before the Board of health will accept an application for an on-site wastewater disposal facility (disposal works permit application). [In practice the Board of Health accepts application for wastewater but does not issue the aforementioned permit without compliance of 09.3.1(3)].
* Installed means the complete installation of a system designed or intended to deliver potable from a groundwater source to the surface; it does not include the delivery system from the well site to the point of use. The term installed means in place and operational including draw works, casting, gravel fills, foundations, grading and other measures to prevent infiltration of contaminants. The power supply for the pump may be temporary until the well is approved and accepted.
* Proven means a certification of the quality of water available and the effect capacity pumping has on the local water table. In accordance with an approved schedule, the pump shall be operated at rated capacity for specific periods. The pumping rates (high-low-mean) and total volume produced in each test period shall be recorded together with run times, head levels and recharge times.
* Tested means samples tested for potability by a State approved laboratory. Certified copies of the laboratory reports must be delivered to the Board of Health. Where a quantity of a chemical substance hazardous to human health is found to be marginal with respect to the State standards, the Board of Health will not approve the well. Where chemicals with significant health hazards and characteristically high resistance to health are found the Board of Health may disapprove the well site until the contaminant is removed and/or controlled; and may further require that the contaminant source be removed.
(4) Private potable water supply wells designed or intended to serve dwellings having more than two (2) bedrooms** or more than four (4) occupants, shall be equipped with a sealed water meter (cumulative volume measure in gallons or liters). meter readings shall be taken in the first half of May and the first half of November***, the volume pumped in each period shall be reported to the Board of Health annually by letter. the letter shall show the property owner’s name and address and the Board of Assessor’s lot assigned to the property.
** The term two (2) bedrooms is inclusive of any room such as a den, office, study, studio, library, loft, etc. which may be used as a sleeping room and otherwise denotes a dwelling occupancy of not more than four (40 persons.
*** If the use is seasonal, the property owner may arrange a before and after season schedule.
4/22/85
09.4
HEALTH PROTECTION
AND DISEASE
09.4 HEALTH PROTECTION AND DISEASE
09.4 Health Protection and Disease
As enabled by MGL 111 s 31, the Board of health may make reasonable health regulations for the protection of individual health, public health, animal health, food and drugs, habitation conditions, nuisances, food service and environmental protection
09.4.1 Subdivisions
All subdivisions and divisions of land require Board of health review to determine water table location and gradient, and other such prerequisites as the Board determines to be appropriate. Pursuant to MGL c 41 section 81M, subdivision shall mean the division of a tract of land into two (2) or more lots and shall include re-subdivision. Prior to approval by the Board of health preliminary subdivision or division of land the Board of Health may require multiple deep driven observation or monitoring wells. [See BOH regulation 09.1.3(3)]
09.4.2 Disposal Works Construction Permits for Subdivisions
No Disposal Works Construction Permit shall be issued for any lot created after the approval of the above regulation until said lot has met Board of health criteria found in said regulation. Review by the Board of Health of subdivision and division of land for the possible requirement of multiple deep driven observation or monitoring well(s).
3/27/90
09.4.3 Sandblasting Permit
The following information shall be included on any application for a sandblasting permit:
1. Name of property owner where sandblasting will occur.
2. Location of property where sandblasting will occur.
3. Distance to abutting properties.
4. Sandblasting company name.
5. Sandblasting company address.
6. Date Sandblasting will occur.
7. What is being sandblasted?
8. Type of material being sandblasted?
9. Does material meet EP toxicity safe levels?
10. Product being used to sandblast?
11. Will product for sandblasting be free-silica?
12. Will sandblasting take place indoors?
13. Will shrouding be used during sandblasting?
14. Where will fallout material sandblasted be disposed?
15. What is the amount and nature of residue dust?
16. Will tarps be used to collect fallout?
17. Will project meet DEP noise pollution standards (310 CMR 7)?
FEES:
Year-round permit $100.00 (Single location, multi-job)
Individual permit $25.00 (Per job)
Each job must file individual application information
09.4.4 Prohibition of the Sale of Formaldehyde
No holding tank additive/deodorizer containing formaldehyde shall be allowed for sale in the Town of Tisbury. This regulation is inclusive for boat and marina, as well as motor home and recreational vehicles, and any other like kind product containing formaldehyde.
09.4.5 Discharge of Formaldehyde
The discharge of boat pump-out or recreational vehicle pump-out containing formaldehyde treatment chemical will not be accepted into the Tisbury septic facility.
5/29/90
09.4.6 Lead Regulation
Before any painting or renovating of any building in the Town of Tisbury constructed prior to 1978 is commenced a lead paint determination by a licensed certified lead paint inspector or licensed certified code enforcement officer must be performed and filed with the Tisbury Board of Health. this inspection must be obtained or verified by any person performing any of the above mentioned work. The Division of Labor and Industrial Safety, 454 CMR 22.00, regulates the removal, covering, or replacement of paint, plaster, or other material containing dangerous levels of lead and must be adhered to. Failure to comply with Board of Health Regulation 90.4.6, health Protection and Disease, may result in a fine of $500.00 pursuant to MGL 111 s 31.
09.4.7 Fuel Storage or Hazardous Substances
For the protection of coastal waters, ground waters and surface water from contamination caused by the possible intrusion of substances from leaking underground storage tanks or vessels containing liquid fuel or other hazardous substances, the Board of Health shall make regulations for the inspection of underground storage tanks and for testing, when necessary, to determine if liquids are escaping into the soil or water with a potential to create a public or environmental hazard. (Note: By-law section 48, 1980)
Zoning By-law 04.05 regulates fuel storage within the R3A District. MGL 148 s 38 of the Board of Fire Prevention regulators shall make rules and regulations governing the construction, use and maintenance of tanks for storage of fluids. MGL 148 s 38A – No underground tank which has been used for the keeping or storage of gasoline shall be removed or relocated unless a permit therefore shall first have been obtained from the State Fire Marshall.
Definition of Hazardous Substance – Any element, compound or mixture, which is known to be dangerous, or noxious, whether by contact, ingestion, inhalation or absorption. The term includes, but is not limited to petroleum and petroleum products.
The Board of Health shall investigate into any nuisance, source of filth, cause of sickness within the Town or on board vessels within the harbor if in its opinion they may be injurious to the public health. Liquid fuel or other hazardous substances, whether located above or below ground shall be examined into if it is suspected that such material is leaking into the soil, groundwater or surface waters.
If a site visit by the Board of Health or its agent(s) does not satisfactorily determine that such materials are or are not leaking then the Board of Health may require testing for detection by a recognized fuel leak inspector at the property owner’s expense.
Notification: Owners of existing underground storage tanks must file a notification form with the Massachusetts Department of Public Safety (DPS). This requirement includes buried tanks that have been taken out of service since January 1, 1974. The owners of new tanks must file the form within thirty (30) days after it is brought into use.
The Board of Health or its agent(s) may require proof of filing notification with the DPS.
Penalty for violation of this regulation is $200.00. Each day will be considered a separate offense.
11/27/90
09.4.8 Unsanitary Maintenance of Public Access/Facilities
As authorized by Statute Ch 111 s 31 the Board of health promulgates reasonable standards and requirements for the protection of the public and environment. If it appears or is reported to the Board of Health that any act, neglect or fault in relation to any drain, water closet, earth closet, privy, ash pit, water supply, nuisance or other matter in any public facility and/or public access area exists, the Board of Health will issue warning and twenty-four (24) hour correction order. Failure to correct the violation within 24 hours will result in a non-compliance fine of $50.00. Each day the violation continues constitutes a separate offense. (MGL 149 s 136)
09.4.9 Violation of Sanitary Code – Human Habitation
Violation of the minimum sanitation standards for fitness and human habitation as adopted and described in 105 CMR 410 of the State Sanitary Code – Title 2, can be resolved by Board of Health decree via the non-criminal disposition. Said violations will be resolved by the fine schedule adopted under 09.0.7. The adoption of this regulation does not preclude the person or persons charged with the right to a hearing as described in 105 CMR 410.850 or decision appeal as described in 105 CMR 410.860. Nor does the adoption of this regulation preclude the Board of health of its right to proceed with said violation(s) through criminal penalties as described in MGL 11 s 127A.
09.4.10 Living Aboard Boats in Marinas
In order to protect the public health, water quality in the lakes and ponds, shellfish beds and the shellfishing industry, no person shall be allowed to stay on boats overnight at any marina in the lakes and ponds within the Town of Tisbury. Marinas in the harbor are exempt from this regulation due to the volume of water in the harbor. violation of this regulation will result in a fine of not less than $100.00 nor more than $300.00 per boat and each day that the violation continues shall constitute a separate offense.
8/18/98
Left Blank intentionally09.5
FOOD SERVICE
09.5 Food Service Regulations
Policy Statements
Non-Profit organizations which supply retail products to the general public, or who rent their “residential licensed kitchens” for commercial enterprise will not be granted the fee waiver for food establishment permits. The exception will be to the occasional benefit(s) for specific cause.
Waivers for food establishment licensing payment will not be considered prior to October 1st in any given year. After October 1st waivers will be considered for pro-rating on a quarterly basis.
12/12/89
09.5.1 COMPLIANCE SURCHARGES
In order to properly place some of the increased cost of gaining compliance on the food establishments which require more frequent inspection visits or present the need for enforcement actions, a graduated series of surcharges will be assessed at the time of the next annual license renewal. To determine the fee for the renewal of the Food Service Permit, the basic charge will be applied and applicable surcharges will be determined by the highest level of compliance effort required during the past year, as shown on the following schedule:
25% Surcharge
Validated consumer complaints
Trash violations
Smoking violations
50% Surcharge
Late Permit Renewal/Operating without a Permit in Place
Investigation of Food-Borne Illness when the establishment is found to be responsible
Citation/Order Letter to Correct Non-Critical Violations of Food Code
75% Surcharge
Two or more re-inspections as follow up to routine inspections
More frequent ‘preventive’ inspections to assure compliance
100% Surcharge
Citation/Order Letter to Correct Critical Violations of Food Code
150% Surcharge
Show Cause Hearing
200% Surcharge
License Suspension or Revocation
09.5.2 Mandatory Food Handlers Training and Certification Program
The Board of Health, Town of Tisbury, in accordance with and under the authority granted by section 31 of chapter 111 of the Massachusetts General Laws, promulgated the following regulation on 9/12/89:All persons, firms or corporations that operate a food establishment* in the Town of Tisbury shall maintain in employment at least one full-time equivalent owner, manager or operator who is certified as having completed all requirements of the Board of Health’s mandatory Food handlers Certification Program. The licensee shall be responsible for the costs incurred for compliance with this regulation. The success of any operation’s sanitation program rests with the employees. Proper training in the sanitation aspects of each position must be part of any program. The adoption of regulation 09.5.2 of the Tisbury Board of Health will benefit the consumer and the food service operator by assuring effectiveness of sanitation and food protection.
09.5.2 Mandatory Food Handlers Training and Certification Continuted
* Food Establishment – any place where food is prepared and intended for individual portions service, and includes the site at which individual portions are provided. the term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food.
Effective January 1, 1990, food service establishments shall be in compliance with this regulation. After January 1, 1990 no food service establishment shall be in operation or open for business without having an owner, operator or manager in its employment who has completed the Mandatory Food Handlers Training Program. Establishments with a change of ownership shall operate no more than sixty (60) days without compliance with this regulation.
09.5.3 Temporary Food Service Fees
Non-Profit establishments No Charge
Profit establishments in town with valid food permit No Charge
Profit enterprise in town without valid food permit $20.00
Profit enterprise out of town $35.00
The Board of Health will inspect temporary food kitchens for clean, sanitary conditions, food handling procedures, transportation procedures and for fresh wholesome products purchased from approved sources.
09.5.4 Food Service Violation(s)
Violation of the minimum sanitation standards for food establishments as adopted and described in 105 CMR 590 of the State Sanitary Code Title 10 can be resolved by Board of health decree via the non-criminal disposition. Said violations will be resolved by the fine schedule adopted under 09.0.7 Board of health Fine Schedule. the adoption of this regulation does not preclude the person or persons charged with the right to a hearing s described in 105 CMR 590.056(a). Nor does the adoption of this regulation preclude the Board of Health the right to proceed with said violation(s) through criminal proceedings/penalties as described in 105 CMR 590.062.
09.5.5 Residential Kitchen Operations
A food service inspection by the Board of health is required for residential kitchens serving breakfast to the public or offering overnight accommodations to the public. If the aforementioned do not meet the criteria for definition as a Bed and Breakfast Home or an Inn or as a Lodging House, said establishment serving food or offering overnight accommodations to the public shall file for a food service license with the Board of Health annually. Such establishments shall comply with the requirements of 105 CMR 590.028(B). Only non-potentially hazardous foods shall be prepared in a residential kitchen for service to the public. Such establishments shall comply with 105 CMR 590.0349b):
· Foods which do not comply with the requirements of 105 CMR 590.002 shall not be served to the public and shall either be stored separately or labeled for private use.
· Pets may be present on the premises but shall be kept out of food preparation and dining areas during food preparation and serving.
· Laundry facilities may be present in the kitchen but shall not be used during food preparation and service.
· Cooking facilities in the kitchen shall not be available to guests.
09.6
USES, SANITATION
AND NUISANCES
Left Blank intentionally
09.6 USES, SANITATION AND NUISANCES
09.6.1 Work Engagement Without Valid Town License
No person or firm shall engage in work requiring licensing or permitting by the Board of Health without said valid license and/or permit from the Board of Health.
Work found to have been performed without a valid license may cause the Board of Health to fine the violator $100.00 for each offense. Licensing required (not exclusive): Disposal Works, Well Registration, Septage Pumpout, Plumbing, Massage, Lead Paint Removal, Food Service, Solid Waste Removal, Operation of Pools, Camps or Motels, Sandblasting, Septic Installation, etc.
2/19/91
09.6.2 Transportation and Disposal of Privy Cesspool and Septic Contents
Pursuant to 310 CMR 11.02 the Board of Health as a legally constituted governmental unit within the Commonwealth and having the usual powers and duties of the Board of Health in the best interest of the environment and of the public health of the Town of Tisbury provides the following regulation:
Transportation and disposal of privy, cesspool and septic tank contents by licensed person within the town must turn in monthly colleted septic pump-out permits. Permits must be returned by the fifteenth of each month. Each permit not returned by the fifteenth will be fined $10.00 per permit and each day constitutes a separate offense.
Timely and accurate records are required by the secretary to the Board of Health for the calculation of wastewater loading into the Town’s septic lagoons. In addition, exact data is imperative for monitoring the substance(s) introduced into the lagoons.
09.6.3 Disposal of Household or Commercial Waste
Disposal of household or commercial waste into trash barrels placed on public property for the convenience of the traveling public shall be punished by a fine of $50.00 for the first offense and $100.00 for each subsequent offense.
09.6.4 Licensed Junkyard Not in Compliance
No person, enterprise or corporation may operate or maintain a licensed junkyard as defined in MGL 140B s 1 unless such junkyard is in compliance with state and local regulation of the same (MGL 104B 3), and in compliance with environmental and public health, safety and nuisance regulations.
Property must be screened by natural objects, plantings, fences or other appropriate means of screening from sight.
Oil, petroleum products, acids and other offensive motor vehicle and engine products of by-products must be reclaimed, stored and disposed of in a manner safe to the environment.
Property grounds must be maintained in a manner that does not encourage the harborage of rodents and is free from garbage, rubbish, windblown litter and offensive/obnoxious odor.
Failure to comply with Board of health written order to abate said violation(s) may result in a fine of $100.00. Each day’s violation(s) constitutes a separate offense.
09.6.5 Restroom Facilities for Recreational Facilities
No person shall open or construct a new, or enlarge an existing public or privately owned recreational facility intended to serve the public without adequate restrooms and public health related facilities acceptable to the Board of Health.
1/30/96
09.7
ANIMAL
09.7 ANIMAL REGULATIONS
09.7.1 Animal Excrement
It shall be unlawful for any person to appear with a dog or other domesticated animal upon the public ways, within public places or upon the property of another, absent that person’s consent, without some means of sanitary removal of excrement; nor shall any person fail to remove excrement deposited by such dog or other such animal in his charge.
This section shall not apply to a blind person while walking his or her guide dog.
Any person found to be in violation of this provision shall be subject to a fine of twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for each offense thereafter.
9/11/90
09.7.2 Stable
Pursuant to MGL 111 s 155 no person shall erect, occupy or use for a stable any building in a city or town having more than five thousand (5,000) inhabitants, unless such use is licensed by the Board of Health.
Pursuant to MGL 111 s 158 the Selectmen of the towns having a population of five thousand (5,000) or less may license suitable persons to keep more than four (4) horses in specified buildings or places within their respective towns and may revoke such licenses at pleasure. The fee for such licenses shall be established by said Selectmen but in no event shall any such fee be greater than twenty dollars ($20.00).
Pursuant to MGL 129 s 19 inspectors shall make regular and thorough inspection of all neat cattle, sheep and swine found within the limits of their respective towns if they know, or have reason to suspect, that such animals are infected with or have been exposed to any contagious diseases. (Note: by definition neat is a bovine animal such as an ox, cow, etc.)
12/18/90
09.7.3 Domestic Animal Quarantines
Pursuant to MGL 129 s 21 an inspector who, upon examination of a domestic animal, suspects or has reason to believe that it is infected with a contagious disease shall immediately cause it to be quarantined or isolated for at least ten (10) days.
An inspector who has caused a domestic animal to be quarantined due to biting a person or other shall charge a service fee of $10.00 for the first offense. A second inspection or quarantine within the same calendar year shall cause a non-criminal violation fine of $25.00. See sections 29 and 30 of MGL 129 – Expense of quarantine and violation of quarantine.
Left blank intentionally09.8
CAMPGROUND
09.8 CAMPGROUND REGULATIONS
09.8.1 Scope and Purpose
(1) These regulations are in addition to, or where more strict, supersede, the requirements set forth in the State Sanitary Code under Article 8.
(2) The requirements hereinafter described are minimums for properly installed facilities maintained in a sanitary condition and functioning correctly.
09.8.2 Sanitary Facilities and Fixtures
(1) A separate wash/toilet room shall be maintained for each sex.
(2) A wash/toilet room shall not contain more than four (4) toilets, eight (8) lavatories, four (4) showers or three (3) urinals.
(3) Each wash/toilet room shall be sited in a properly constructed weathertight building with an impervious flooring surface. There shall be adequate provisions for the admission of light and air and the exclusion of insects. Where there are not ventilating windows in two outside walls, provisions shall be made for forced air ventilation; in no case shall available window ventilation be less than three (3) square fee per toilet.
(4) Lights illuminating entrances and exits and at least one centrally located ceiling light shall be operating during the hours of darkness. The switch controls for these minimum lights shall be accessible only to campground employees.
(5) The following are the minimum requirements for sanitary fixtures:
a. Toilets
The first twenty (20) sites, or fraction thereof, two (2) toilets of each sex. Each additional twenty (20) sites or fraction thereof, one toilet for each sex.
b. Urinals (males)
For each twenty sites, or fraction thereof, one (1) urinal. For campgrounds with less than ten
(10) sites, urinals are not required.
c. Lavatories
The first twenty (20) sites or fraction thereof, two (2) for each sex. Each additional twenty (20) sites or fraction thereof, one (1) lavatory for each sex.
d. Showers
The first twenty (20) sites or fraction thereof, two (2) for each sex. Each additional twenty (20) sites, or fraction thereof, one (1) shower for each sex.
(6) Both hot and cold water from an approved source shall be available at each lavatory and shower.
(7) Toilets shall be installed on (1) to a partitioned enclosure.
(8) Modesty offsets or fixed partition screens shall be provided at each entrance and exit.
09.8.3 Maintenance
(1) The campground, all of its facilities, and each campsite shall be kept clean, orderly and free of unhealthful conditions. Wash/toilet rooms and fixtures shall be cleaned and disinfected as often as necessary, but in no event less than three (3) times in every 24 hours.
09.8.3 Maintenance Continued
(2) Refuse containers shall be maintained within 300 feet of each campsite and have a capacity equivalent to at least thirty (30) gallons volume per site. The containers shall have tight fitting covers and both the containers and covers shall be secured against dislodgment by small children or animals. Each container must be emptied daily and kept clean and sanitary.
(3) There shall be no poison ivy within two 92) feet of any area, way or path used, or intended to be used, by foot traffic.
09.8.4 Water
(1) Drinking and washing water shall be from an approved source.
(2) The discharge openings of all outside faucets shall be not less then three (30 feet above the ground. A gravel filled dry well or drain shall be provided for each outside faucet in such a manner as to prevent an accumulation of water from spillage.
(3) An outside drinking water faucet, located away from wash/toilet rooms and refuse containers, shall be provided for every twenty (20) sites or fraction thereof.
09.8.5 Emergency Provisions
(1) An employee knowledgeable in emergency procedures shall be in attendance at all times. An office, equipped with a telephone, shall be maintained in a permanent structure.
(2) A public telephone, accessible at all times to campground customers, shall be maintained and therewith shall be prominently displayed emergency phone numbers, including that of the Board of Health.
(3) Infectious or contagious conditions, septic system failure and surfacing of septic/sewage effluent shall be reported immediately to the Board of Health.
09.9
COASTAL DISTRICT
AND
BARRIER BEACH
09.9 COASTAL DISTRICT AND BARRIER BEACH REGULATIONS
09.9.1 Scope
The Coastal District Regulations are applicable as overlay regulations. Where there is a conflict between these regulations and other applicable statutes, codes, regulations or by-laws, the more restrictive shall prevail. NOTE: Overlay Districts Board of Health Regulations 09.10.
(1) District Description
The Coastal District is comprised of all land in the Town of Tisbury which lies below the twenty (20) foot elevation above mean sea level, or within 500 feet of mean high water of a coastal water body exceeding ten (10) acres. Where the elevation contour line lies along any surface or a steep slope, cliff, bank, dune or ravine, the Coastal District also extends to a line of one hundred (100) feet from the crest of the lope, cliff, bank, dune or ravine. (Steep as used here means having an average inclination/slope greater than one (1) foot or rise/vertical measure per three (3) feet or run distance/horizontal measure. Any property with fifty (50) percent or more of total acreage, excluding wetlands, lying within the twenty (20) foot elevation will be considered the Coastal District by definition.
Boards of Health are charged with the protection of the public health and environment and fulfill their duty by developing, implementing and enforcing health policies. It is not the intention of the Board to over-regulate but to keep laws to a minimum while fulfilling their duty to protect the health of the environment and public. Creating buffer zones around coastal areas is an important way to limit the adverse effects of development. It is the intention of this policy to limit the amount of sewage, fertilizers and other runoff that enters coastal waters. The Board reserves the right to grant waivers to the regulation, (Barrier Beach excluded). The Board may restrict or limit the waiver to any extent, form or requirement the Board finds proper. A waiver shall become effective when evidenced in writing and signed by at least two (2) members of the Board of Health.
09.9.2 Designated Barrier Beach
For the purposes of this regulation, the Designated Barrier Beach is shore and near shore land which:
· lies entirely within and is part of the Coastal District
· has, on the ocean side an over the ocean clear wind fetch of two (2) nautical miles
· is predominately below the ten (10) foot elevation contour lines
· separates the ocean from interior salt, brackish or fresh water bodies, marshes, wetland; and/or their surrounds
· is characterized by highly permeable soil
· is flood prone
· severely constrains the safe siting of on-site wastewater disposal systems and/or potable water wells
· is a high risk area with respect to human health and safety as well as environmental and ecological concerns arising from human habitation and other uses
· includes all of lots 29-A-1 through 4, 30-A-1 through 10, 30-B-1 through 3, 31-A-1 through 6, 31-B-1 through 13.1, 32-A-1 through 1.2, 32-B-1, 32-C-1 through 8.1, 32-D-1 through 8.1, 59-A-1 through 3, 59-B-1 through 3
· includes that portion of lots 30-C-1 and 31-C-1 through 3 which lie below the ten (10) foot elevation contour line.
4/22/85 amended 11/27/90
09.9.3 Purpose and Authority
(1) The purpose of the Coastal District Regulations is to safeguard the quality of ground and surface waters, prevent pollution and saltwater intrusion into the groundwater, maintain the viability of fishing and shellfishing areas, control wastewater disposal and prevent or mitigate health hazards arising from flood or storm conditions.
(2) These regulations are adopted under the authority of Chapter 11, section 31, MGL. 4/22/85
09.9.4 Application
(1) These regulations are applicable to the Coastal District, including the Designated Barrier Beach, certain additional and/or more stringent regulations apply only to the Designated Barrier Beach.
(2) Designated Barrier Beach: Until the Massachusetts Department of Environmental Quality Engineering has approved design types, established minimum specifications and set standards for on-site wastewater disposal systems which return potable quality water to the ground:
· no new, excluding replacements required by the Board of Health, or enlarged wastewater disposal systems will be permitted;
· no existing dwelling shall be modified in any manner so as to provide for an increase in occupancy or intensity of use, including but not limited to extending use periods;
· no existing dwelling shall increase the number of wastewater generating devices nor replace existing devices with those of greater capacity (rate or volume); and
· the installation of wastewater disposal systems, whether new, replacement or renovation, shall be such as not to substantially alter the natural grade or be elevated (i.e. mounded); further, the Board of Health may require leaching fields in lieu of pits.
The above restrictions are use constraining due primarily to the fact that approved technological alternatives are not currently available. The application aspects of these constraints will be reviewed and amended as approved technological alternative, appropriate to the geographic/topographic conditions of the Designated Barrier Beach, become available.
Compliance with the other regulatory requirements, set forth herein elsewhere, can be acquired with existing technology.
09.9.5 Private Water Supply Wells
(1) This section is applicable to PRIVATE ON-SITE POTABLE WATER SUPPLY WELLS.
(2) Where connection to the municipal water supply mains is considered practical, the Board of Health may not allow on-site private wells. Private off-site potable water supply wells will not normally be permitted, excepting an authorization for temporary and/or emergency use.
09.9.5 Private Water Supply Wells Continued
(5) Where a private potable water well site is in the Coastal District, it shall not serve any business or commercial use.
(6) Where a private potable water well site is in the Coastal District, the pump, together with its attendant machinery, shall not have a capacity rate greater than twenty (20) gallons per minute peak or two hundred (200) gallons per hour continuous over a thirty (30) minute period. In the Designated Barrier Beach, the maximum capacity rates are one-half 91/2) those set forth in the preceding sentence. (NOTE: see 09.3.1)
09.9.6 Groundwater Protection and Pollution Prevention
(1) All on-lot potable water distribution systems sited below the ten (10) foot elevation contour line shall incorporate an anti-siphon device to protect the supply main (public or private) from contamination in the event of flood or negative pressure (such as may be caused by fire pumps).
(2) No new inlet, channel or basin shall be constructed inland of the mean high water line of the sea coast or a saltwater body without the written approval of the Board of Health.
(3) Hazardous Chemical Substances:
a. Definitions:
· Hazardous Chemical Substances means those substances which are hazardous to human health or the environment, being so identified and classified by the federal Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (COE – re: Floodproofing Regulations), and/or the Massachusetts Department of Environmental Engineering (DEQE). Further the term is inclusive of those situations where effective dilution, degradement, dissolution and dispersal cannot reasonable be expected to occur so as to acquire safe levels and preclude health hazards.
· The term General is inclusive of all hazardous chemical substances, whether or not classified as toxic or no discharge. (Most of the chemicals coming within this description are regulated to some degree in one or more of the phases from manufacture to disposal.)
· Toxic means hazardous chemical substances which are harmful, destructive, or deadly poisonous in the usually available forms and/or in low concentrations. Further, the term includes all substances classified as toxic by the U.S. Public health Service or the Massachusetts Department of Public Health. (All, or nearly all, of the chemicals coming within this description are regulated to some degree in one or more of the phases from manufacture to disposal.)
· No Discharge means chemical substances which the Federal or State Government has by law, code, regulation or rule so classified. (NOTE: see under the term General above, most chemicals classified…)
09.9.6 Groundwater Protection and Pollution Prevention Continued
b. General
No hazardous chemical substance shall be discharged onto or into the land or any water body in concentrations or volumes which exceed established limits in any on occurrence of may reasonably be expected to exceed established limits due to frequency of occurrence of a tendency to increase concentration as a result of cumulative occurrences and/or precipitation or chemical re-combining characteristics.
c. “Toxic” and “No Discharge”
No hazardous chemical substance classified as “Toxic” or “No Discharge” shall be discharged onto or into the land or any water body. Possession or use of any hazardous chemical substance classified as “Toxic” or “No Discharge” in any way, manner or extent contrary to law is prohibited. Violations of this provision may result in orders to ‘terminate all uses at site’, ‘removal of all occupants from site’ and/or ‘cease-desist-removal-decontaminate’. Further, the Board of Health may bring or request civil or criminal charges or may join other agencies in such actions.
d. Transportation and Disposal
The transportation and disposal of hazardous substances is regulated by the State. In an emergency, contact the Board of Health; during non-office hours, reach the Chairman of the Board of Health through the Police Department or Island Communication Center.
e. Reporting Spills
All hazardous substance spills and out-of-control situations 9e.g. leaking containers) must be immediately reported to the Board of Health. Depending on the substance and site, other government agencies require notification and in certain cases failure to notify is a violation of State or Federal law.*
f. Cleanup and Disposal
Most hazardous substance spills must be completely recovered, containerized and disposed of in an approved manner and at an authorized site. Do not attempt to disperse or flush away without proper authorization.
* NOTE: In some instances the law requires that anyone observing a spill notify the proper authorities (e.g. oil spills in saltwater bodies – U.S. Coast Guard), except where they have knowledge that notification has been previously entered.
Timely notification is essential to the immediate objective of spill response – “STOP
FLOW AND CONTAIN.”
09.9.7 Wastewater Disposal Systems
(1) Percolation Test Requirements – Rescinded 3/31/95 due to Title V changes
(2) Separation Distances Chart – Incorporated into 09.9.7(6)
(3) Leaching Areas Chart – Incorporated into 09.9.7(7)
(4) Density-Use Intensity – Subsurface Loading Chart – Incorporated into 09.9.7(8)
09.9.7 Wastewater Disposal Systems Continued
(5) Additives:
Septic systems shall receive only normal wastewater; no hazardous chemical substances, trash or solid garbage, or acid shall be added to or allowed to enter the system.
4/22/85 amended 1/3/89
(6) Separation Distances:
Separation between Minimum Separation Distance (in feet)
Septic System and - Designated Barrier Beach Coastal District
Private Well 300 200
Public Well 700 700
Other Septic Systems 300 200
Water Table 5 to 7 5 to 7
Water Body* 200 200
Wetlands 200 100
* Systems in or on slopes, cliffs, banks or ravines may require greater separation
(7) Leaching Areas:
Designated Barrier Beach
Two (2) times the requirement established by Title V of the State Environmental Code.
Coastal District
One and seven tenths (1.7) times the requirement established by Title V of the State Environmental Code.
(8) Density – Use Intensity – Subsurface Loading:
Maximum Number
Designated Barrier Beach Coastal District