PROVINCETOWN BOARD OF HEALTH REGULATIONS
REGULATIONS FOR PROPERTIES LOCATED WITHIN THE SERVICE AREA OF THE PROVINCETOWN MUNICIPAL SEWER
Section 1. Purpose:
The Board of Health promulgates these regulations for the disposal of sanitary wastes within the Town of Provincetown in association with the construction and operation of a municipal sewer. The purpose of these regulations is to provide for the scheduling of the upgrading of septic systems and connection of selected properties to the centralized municipal treatment facility in a manner that provides for the protection of the public health in an area identified as having a heightened public health and environmental concern. In addition, these regulations endeavor to provide for the maintenance and longevity of onsite septic systems in the Town of Provincetown in general, thereby promoting the overall protection of the public health and the environment.
Section 2. Authority:
These regulations shall be effective on or after [date adopted], and so remain until modified or amended by the Board of Health. They are enacted by the Provincetown Board of Health 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, 188 and 310 CMR 15.00; Board of Health Regulations are an exercise of police power under which the various levels of government are responsible for protection of the public health, safety and welfare.
Section 3. Definitions:
Title 5 – Refers to 310 CMR (Commonwealth of Massachusetts Regulations) 15.000 et seq.
Service Area – The Service Area shall mean all properties to the seaward of a line 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 Provincetown. Said map and list may undergo periodic revisions to reflect decisions by the Water and Sewer Board or the Board of Health. The first version of the list and map shall be made available at the Board of Health Office on January 1, 2001.
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.
Alternative Septic Systems – Septic systems designed to provide enhanced treatment of wastewater as described in 310 CMR 15.002, and having approvals in accordance with 310 CMR 15.000 et seq.
Section 4. Requirement to Connect to Municipal Sewer Upon its Availability.
A property within the Service Area shall connect to the municipal sewer upon its availability if the owner of said property can not demonstrate the existence of a Certified Title 5 Septic System and the owner can not 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.
2. 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.
Section 5. 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 within five years from the date when the sewer becomes available. Owners of system in this category shall not be allowed to connect to the municipal sewer unless there is sufficient capacity as approved by the Massachusetts Department of Environmental Protection.
Section 6. Requirements 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 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 connect to the municipal sewer until such time as the septic system is determined to be failed. Such determination shall be verified by a Certified Septic System Inspector on a form approved by the Massachusetts Department of Environmental Protection.
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 December 31, 2000, shall not be allowed connection to municipal sewer unless sufficient capacity for the municipality exists as determined by the Department of Environmental Protection.
Section 7. 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 51.000 et seq. -Title 5, then the allowable modification or change in use may be allowed.
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.
Properties served by Alternative Septic System, as defined by 310 CMR 15.002, shall 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.
Grease traps meeting the criteria of 310 CMR 15.230 shall be provided all restaurants and other properties within the service area from which quantities of grease can be expected. Grease traps shall be pumped monthly except that in lieu of pumping, the owner of the facility may submit a report indicating that the grease trap has been inspected in accordance with 310 CMR 15.351 (2) and found not to require pumping in accordance with this section. Said report regarding the grease trap shall bear the signature and approval of a Certified Septic System Inspector and state, at minimum, the time and date of inspection, estimated level of grease, and a recommendation regarding the time of next required pumping. Reports shall be submitted monthly to the Board of Health Office.
No septic system shall be abandoned without first obtaining a permit from the Board of Health who shall establish the measures that must be taken prior to abandonment on a case-by-case basis.
If any provisions of this regulation or the application thereof are held to be invalid by a court of competent jurisdiction, the invalidity shall be limited to said provision and the remainder of the regulation shall remain valid and effective. Any part of this regulation subsequently invalidated by state law shall automatically be brought into conformity with the new or amended law and shall be deemed effective immediately, without recourse to a public hearing.
PROVINCETOWN BOARD OF HEALTH REGULATIONS
REGULATIONS FOR THE ESTABLISHMENT OF WASTEWATER FLOWS FROM RESIDENTIAL WORKSHOPS AND STUDIOS
The Town of Provincetown is challenged by both a limited water supply and difficult conditions for the disposal of wastewater. Bearing directly on these challenges is the intensity of use of structures in the Town. While there are local allowances for the construction of accessory use working studios and workshops for principle use by property owners, 310 CMR 15.000 (Title 5) fails to provide septic system flow design criteria to address potential increases in overall wastewater flow due to their presence. Accordingly, the Provincetown Board of Health recognizes the potential for structures having accessory studios, workshops or other similar accessory-use rooms and buildings to increase the overall flow of wastewater from a property and promulgates this regulation.
Effective [date ], all studios, workshops and other similar accessory-use structures or rooms proposed to serve the residential portion of existing residential or mixed-use buildings shall have a septic system sewage flow design criteria of 50 gallons per 1000 square feet of area. This criterion shall be used in septic system flow calculations for all new and proposed additions involving studios, workshops or other structures or rooms used in an accessory capacity from residential structures. This regulation does not include or supersede any requirements in 310 CMR 15.000 for commercial facilities. For purposes of this regulation, any existing bedroom converted to use as a studio or workshop shall be required to maintain the wastewater flow requirement of a bedroom in accordance with flow stated in 310 CMR 15.203.
No approval for the construction of a new onsite septic system to accommodate a structure having an accessory-use building or room shall be approved until evidence is presented that a deed restriction has been filed with the Barnstable County Registry of Deeds clearly indicating that the accessory-use room or building shall not be used for sleeping purposes, nor may sleeping paraphernalia be stored or otherwise evident in the structure or room.
No approval for the construction of a new accessory-use building or room shall be given until there is evidence presented that the existing septic system can accommodate the additional flow, and the aforementioned deed restriction has been filed with the Registry of Deeds.
PROVINCETOWN BOARD OF HEALTH REGULATIONS
The Town of Provincetown is challenged by both a limited water supply and difficult conditions for the disposal of wastewater. The Board of Health, while recognizing the right of property owners to derive reasonable beneficial use of property also must consider the overall protection of the community public health and environment in its approvals of onsite septic systems. Accordingly, and in consideration of both a limited potable water supply and the increased risks to the public health that accompany the allowances of such, the Board of Health shall not grant variances to the requirements of 310 CMR 15.000 or the Provincetown Board of Health Regulations in the following situations:
1. For the installation of septic systems where there is proposed new construction on undeveloped lots, and
2. For the repair of septic systems where there is proposed any increase in use that results in an increased design flow according to 310 CMR 15.203.