Public Notice – Town of
Board of Health
The
Provincetown Board of Health, after holding public hearing on
ARTICLE
16 - Real Estate Transfer Inspection Reports
Public Hearing
Revised – Public Hearing
Effective
All cesspools, whether single or multiple, will be considered failed for purposes of the Septic System Inspection Report, required at the time of transfer of property, thereby negating the need for a septic system inspection; and must be upgraded to conform to the maximum feasible compliance with 310 CMR Title 5 and Provincetown Board of Health Regulations.
All leaching facilities that do not maintain a four foot separation between the bottom of the leach area and estimated high groundwater (elevation 3.8) will be considered failed unless documentation can be provided verifying that a variance was granted by the Provincetown Board of Health or the Department of Environmental Protection for the bottom of the leaching area to be located less than four feet to estimated high groundwater.
A cesspool shall be defined as follows: A pit with open-jointed linings or holes in
the bottom and/or sidewalls into which sewage is discharged, the liquid portion
of the sewage being disposed of by seeping or leaching into the surrounding soils or the effluent being retained in the
pit. This includes any pit of block or
brick construction or any precast leach pit with no stone surrounding it. Any leaching facility that meets this
definition, regardless of whether a septic tank is present, is considered a
cesspool and hence considered failed.
ARTICLE
17 - Municipal Sewer System
Revised
Revised
Purpose
The Board of
Health promulgates these regulations for the disposal of sanitary wastes within
the Town of
Authority
These regulations
shall be effective on or after
Definitions:
Best Management Practices (BMPs) are schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters. Best management practices include procedures and practices that reduce the discharge of Fats, Oil and Grease (FOG) to the building drain and to the Wastewater System (Sewer).
Certified Title 5 Septic System – A Certified Title 5 Septic System is a subsurface wastewater disposal system that meets all of the following criteria:
1. The
septic system was installed by a licensed installer under conditions identified
by a valid Disposal System Construction Permit.
2. A
Certificate of Compliance, as defined by 310 CMR 15.002 was obtained.
3. A
septic system design, showing compliance with 310 CMR 15.000
et seq. as these regulations
were in force at the time of construction, is presented or available in the records of the Provincetown Board of
Health.
4. A
letter from the system designer stating that the system was installed in
substantial compliance with 310 CMR 15.000 (Title 5) is part of the record of
the Provincetown Board of Health.
Fats, Oils and
Greases (FOG) shall mean organic polar compounds derived from animal and/or
plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and
measurable using analytical test procedures established in 40
Grease Interceptor is an inside retention tank that has a capacity of less than 1,000 gallons. Any food service establishment with a three bay sink is required to have a grease interceptor as well as a grease trap.
Grease Trap is
an external, underground single or multi-compartment tank with a minimum
capacity of 1,000 gallons. It is sized
per the requirements of 310 CMR Title 5.
It is a device for separating and retaining waterbourne fats, oil,
greases and grease complexes prior to the wastewater exiting the grease trap
and entering the building sewer. Grease
Traps shall be located external to the user’s buildings and be readily
accessible for required maintenance. Nonconforming systems must be replaced
with conforming grease traps within sixty (60) days of notification. These devices also serve to collect
settleable solids, generated by and from food preparation activities, prior to
the water exiting the grease trap and entering the building sewer. All grease traps must, by
Licensed Septage Hauler shall mean a hauler holding a current license approved by the Provincetown Board of Health for pumping and hauling septage or grease as well as approved by the authority where the septage and grease is being disposed.
Sanitary Sewer shall mean a sewer which carries sewage and to which storm, surface and groundwater are not intentionally admitted.
Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present; also referred to as Wastewater.
Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage; also referred to as Wastewater Treatment Plant.
Sewer shall mean a pipe or conduit for carrying sewage.
Sewer Collection System shall mean public sanitary sewers and appurtenances, including pump stations, buffer tanks, grinder pumps and valve pits.
Shall and Must are mandatory; May is permissive.
Service Area
– The Service Area shall mean all properties represented on the map available
at the Provincetown Board of Health and entitled “Wastewater Service
Area.” All properties in the Service
Area are also identified on a list available from the Board of Health and
adopted by the Selectmen and the Water and Sewer Board of the Town of
Title 5 – Refers to 310 CMR (
Water and Sewer Board shall mean the regulatory body having all the statutory powers of sewer commissioners established by Town Charter and appointed by the Board of Selectmen to oversee various aspects of the wastewater treatment plant, its collection system or various appurtenances thereto.
Requirement to Connect to Municipal Sewer Upon its Availability
Any property with
a failed septic system, excluding those requiring only minor repairs as
approved by the Board of Health and/or Health Agent, within the Service Area
shall connect to the municipal sewer upon its availability provided there is
sufficient capacity within the sewer system.
A minor repair shall be considered as those which do not require
an engineered plan such as but not limited to broken covers, clogged or
collapsed lines and repairs to the distribution box. if the owner of said property
cannot demonstrate the existence of a Certified Title 5 Septic System and the
owner cannot demonstrate that a septic system in compliance with 310 CMR 15.000
et seq. can be constructed, except that:
1. Variances
to the requirements of setbacks from property lines, cellar walls and slab foundations, and swimming pools may
be allowed for construction of a replacement system under the conditions stated
in 310 CMR 15.410: Variances – Standard of Review, after a public hearing.
1.
If the
property is landward of the Velocity Zone as defined in 310 CMR 15.002 and in
excess of 100 feet landward of the historic high water line, the property owner
may avail themselves of the provisions for leaching-area reductions afforded
any Alternative Septic System having Remedial Use Approval granted by the Massachusetts
Department of Environmental Protection.
In these situations, no reductions in the vertical separation to the
high groundwater elevation shall be allowed.
ADMINISTRATIVE CONSENT
ORDERS
The Board of Health
reserves the right to require any property owner with a failed septic system,
in an area where future phases are being considered, where connection to the
municipal sewer system is not available due to the fact that no municipal sewer
system exists in that area or that the existing sewer system has no available
capacity in that area to accommodate a connection, to enter into an
Administrative Consent Order (
Requirement
to Upgrade Septic Systems within Five Years
The owners of all
properties located within the Service Area and who fail to demonstrate that the
property is served by a Certified Title 5 Septic System, and who have opted not
to connect to the municipal sewer upon its availability shall cause the septic
system serving the property to be upgraded to comply with 310 CMR 15.000
et seq. – Title 5 connected to the sewer within five years
from the date when the sewer becomes available provided capacity within
the sewer is available. Owners
of failed systems in this category shall not be allowed
required to connect to the municipal sewer unless there is insufficient
capacity as approved by the Massachusetts Department of Environmental
Protection.
Requirement for Owners of Properties Located within
the Service Area and That Are Served by Systems Complying with Title 5
(Revisions as of 1995, and Pre-1995 Provisions) and Who Have Opted Not to
Connect to the Municipal Sewer Upon its Availability
Owners of
properties shown to be in compliance with Title 5 at the time of their
respective installations and who have opted not to connect to the municipal
sewer shall allow an inspection of the septic system at any reasonable
hour. Owners of these systems shall be
required to pump septage and/or grease from said septic systems at a frequency
determined by the Board of Health or its agent. The cost of all septage and/or
grease removal shall be the responsibility of the property owner. Owners of
these systems may also be required to cause additional monitoring equipment to
be installed in order to ensure proper operation of the system and/or reporting
of system performance to the Board of Health and its agents. Owners of these properties will be
required to connect to the sewer at the time of their systems failure if
capacity is available.
Owners of
properties located within the Service Area and that are presently served by a
Certified Title 5 Septic System, but who could not replace the septic system in
substantial compliance with Title 5 (as revised in 1995) may not must
connect to the municipal sewer until at such time
as the septic system is determined to be failed by the Board of Health or its
agents.
Owners of
properties located within the Service area and that are served by a Certified
Title 5 Septic System in compliance with the 1995 revisions to Title 5 and who
have opted not to connect to the municipal sewer as of August 30, 2000, shall
not be allowed connection to municipal sewer unless sufficient capacity for the
municipality exists as determined by the Department of Environmental
Protection. However, should this
septic system fail, the owner of the property will be required to connect to
the municipal sewer system if capacity is available
Maximum
Allowable Use of Structures within the Service Area
No person shall modify an existing structure located within the Service Area or change its use so as to increase its sewage flow. Design criteria contained in 310 CMR 15.203, and any local Board of Health Regulation modifying such shall be used to determine whether a proposed modification or change in use shall constitute an increase in sewage flow. Except that, should it be demonstrated that the aggregate of the existing and proposed modification or change in use could be accommodated by an onsite septic system in full compliance with 310 CMR 15.000 et seq. Title 5, then the allowable modification or change in use may be allowed.
Determination
of Present Sewage Flows
Present sewage flows to the municipal sewer or an onsite septic system shall be determined using provisions set forth in 310 CMR 15.203: System Sewage Flow Design Criteria or other applicable Provincetown Board of Health Regulations. The owner of any property shall, upon reasonable notice and request, allow an inspection of a property for a determination of flow by an agent of the Board of Health, except that in lieu of this inspection, the owner of the property may submit a floor plan with sufficient detail to account for all outside structure dimensions. This floor plan must bear the signature of approval of a Certified Septic System Inspector.
Requirements
for Properties Served by Alternative Septic Systems
Properties served by Alternative Septic Systems, as defined by 310 CMR 15.002, shall be required to cause a quarterly inspection of the septic system by a person or persons holding a Grade 2 or higher Wastewater Treatment Plant Operator License and who are qualified to inspect the technology. All reports on these systems shall be submitted quarterly to the Board of Health. This requirement does not supercede any requirement for the monitoring of any Alternative Septic System as outlined in Title 5 or the DEP Approval Letter for the technology. Owners of properties served by alternative septic system technologies shall allow an inspection of these systems at any reasonable hour by an agent of the Board of Health.
Regulations
Pertaining to Cooking Establishments and Other Facilities from which Grease Can be Expected to be Discharged
Grease Traps shall be required at all restaurants, nursing homes, hospitals or other facilities as required by the Board of Health or its Agent. No User shall allow wastewater discharge to the sewer line leaving the property to exceed 100 milligrams per liter of grease as determined following standard laboratory procedures. All Grease Traps shall be of a type, design and capacity specified in 310 CMR 15.230 or as otherwise approved by the Board of Health. All Grease Traps shall be readily and easily accessible for User cleaning and Town inspection. All such Grease Traps shall be inspected and the condition documented weekly by the User (until such time as an approved monitor has been installed. (See below) and pumped by a licensed septage hauler whenever the level of grease reaches 25% capacity or at a minimum of once every three months, whichever is sooner. The user shall maintain written records, using the forms available in Appendix B and C of the Sewer Rules and Regulations, for inspections, pumping and proper disposal of brown and yellow grease. These records must be maintained for a minimum of three (3) years.
By
The Grease Trap shall be installed on the building drain/sewer that extends from the food preparation and clean up areas. No sanitary facilities shall be connected to the Grease Trap.
Access manhole covers shall be provided over each grease trap and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable manhole type access covers to facilitate inspection, gr