Sharon, MA - Septic Regulations September 2006

ARTICLE 7: MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE.

Amended September 25, 2006

7.02 GENERAL REQUIREMENTS

7.03 CERTIFICATE OF COMPLETION

7.04 PLAN REQUIREMENTS

7.05 CONSTRUCTION STANDARDS FOR ON-SITE SUBSURFACE SEWAGE

DISPOSAL SYSTEMS AND TREATMENT WORKS

7.06 INTERCEPTOR DRAINS

7.07 DEPTH TO GROUNDWATER

7.08 SPECIAL REQUIREMENTS FOR FLOODPLAINS

7.09 AUTOMATIC FAILURES

7.10 REPAIRS TO EXISTING SYSTEMS

7.11 UPGRADES TO EXISTING SYSTEMS

7.12 INSPECTION OF BACKFILL

7.13 REQUIREMENTS FOR FILING SUBDIVISION PLANS

7.14 ENVIRONMENTAL HEALTH IMPACT REPORT

7.15 APPLICATION REVIEW FEES

7.19 TOWN OF SHARON LICENSES

7.20 BUILDING IN UNSEWERED AREAS

7.21 GARBAGE GRINDERS

7.22 PRIVIES AND CHEMICAL TOILETS

7.26 PUMPING REQUIREMENTS and I/A SYSTEM MAINTENANCE

The Purposes of Article 7 of the Regulations of the Sharon Board of Health are to provide for the protection of public health, safety welfare and the environment by requiring the proper siting, construction, upgrade and maintenance of on-site sewage disposal systems and treatment works and appropriate means for the transport and disposal of septage as necessitated by local conditions. This Article must be read together with 310 CMR 15.000 (Title 5) , which contains many other provisions and requirements relevant to onsite sewage disposal systems. The provisions of Title 5 shall govern, except where more stringent standards are set by this Article 7. Article 7 is promulgated pursuant to the authorities of G.L. c. 111 secs. 17,27,27A,30, 31, 31A, 31B, 31C,31D,31E,122,124,127A,127B,127C and G.L. c. 21A, sec13.

(1) INCORPORATION: The provisions of Regulation 15.002 DEFINITIONS of the State Sanitary Code, Title 5(310 CMR 15.00 et al) shall apply, except where higher standards are established by these Regulations.

(2) ADDITIONAL DEFINITIONS: The words, terms, phrases, abbreviations and acronyms listed below for the purpose of these regulations shall be defined and interpreted as follows:

(a) Bedroom: Any area in a dwelling unit which is or could be used for the provision of private sleeping accommodations for residents of the premises, whether such area is designated as a bedroom, guestroom, maid's room, dressing room, den, study, library, or by another name. Any room intended for regular use by all occupants of the dwelling unit such as a living room, dining area or kitchen shall not be considered a bedroom, nor shall bathrooms, halls or closets having no horizontal dimension over six(6) feet.

(b) Board of Health: A Board appointed by the Board of Selectmen for the purposes of implementing the health laws of the Commonwealth and the town. The Board includes persons duly authorized to act on its behalf

( c) DEP: the Massachusetts Department of Environmental Protection

(d) Health Advisory Board A committee appointed by the Board of Health to provide advice and expertise in matters of public health.

(e) Lot: an area of land in one ownership, with definite boundaries.

(f) Naturally Occurring Soil: Soil which was deposited on a site by natural causes and not by human action

(g) Soil Absorption System: A system of trenches, galleries, chambers, pits, field(s) or bed(s) together with effluent distribution lines and aggregate which is installed in appropriate soils to receive effluent from a septic tank or treatment works

(h) Title 5: The State Sanitary Code, Title 5 (310 CMR 15.000 et al.) including all subsequent revisions thereto.

(i) Treatment Works: Any onsite system for the treatment of sanitary sewage with a design flow above 2000 gallons per day(gpd) or with an Innovative Alternative (IA) system.

(j) Treatment Works Permit: A non-transferable Permit issued by the Board of Health for construction, alteration or repair or any other work on a Treatment Works.

(k) Treatment Works Operations Permit: A non-transferable Permit issued by the Board of Health for the operation of a Treatment Works.

(l) Treatment Works Building: That part of a Treatment Works which houses the devices or facilities that are used to store, treat, neutralize, stabilize or disinfect sewage.

(m) Water Resource Protection District: The Surface Water Resource Protection District and the Ground Water Resource Protection District are zoning overlay districts established by the Sharon Zoning Bylaw.

(n) Waterbodies: As defined in Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40 and its regulations, codified at 310 CMR 10.00 and the Town of Sharon Wetlands Protection Bylaw, Article 23 of the Town Bylaws.

(o) Wetlands: As defined in Massachusetts Wetland Protection Act, M.G.L. Chapter 131, Section 40 and its regulations, codified at 310 CMR 10.00 and the Town of Sharon Wetlands Protection Bylaw, Article 23 of the Town Bylaws.

7.02 GENERAL REQUIREMENTS

(1) INCORPORATION: The provisions of Regulation of the State Sanitary Code, Title 5(310 CMR 15.00 et al) shall apply, except where higher standards are established by these Regulations.

(2) REQUIRED APPROVALS:

(a) No building permit shall be issued nor shall any dwelling place or other building be constructed until the Board of Health has approved the proposed lot as suitable for the proposed onsite subsurface sewage disposal system or treatment works and a permit for the installation has been obtained.

(b) Deep hole observation logs or percolation tests must be witnessed by the Board of Health or its designee.

( c) No On-site Subsurface Sewage Disposal System or Treatment Works shall hereafter be constructed, altered, repaired or installed in the Town of Sharon until a permit for said work has first been obtained from the Board of Health.

(i) Permits shall become void twelve (12) months after the date of issue unless construction is completed within that period, and they are non-transferable. The Board may, in its discretion, allow a twelve (12)month extension.

(ii) A fee, as established in the Board’s Schedule of fees, shall accompany each permit application for construction, alteration, repair, or addition to an on-site subsurface sewage disposal system or Treatment Works to serve a new or existing structure. Permit application fees are non-refundable.

(iii) The permit application for construction of an onsite subsurface sewage disposal system or treatment works must be accompanied by the following:

(a) A Plan prepared in accordance with Title V and Section 7.02.5 of this Regulation;

(b) Percolation test results, and on site suitability reports by an approved Soil Evaluator witnessed by a representative of the Town of Sharon;

( c) If a wetlands line is located on the plan which accompanies the application, or if the Board or its agent questions the possibility of wetlands within 200 feet of the property, confirmation in writing by the Conservation Commission that the Conservation Commission or its agent has approved the wetland delineation.

(d)The permit application must be signed by the owner of record for the property. If the permit application is made by someone other than the owner, the application shall be signed by both the owner of record and the applicant.

(d) ADDITIONAL REQUIREMENTS FOR WASTEWATER TREATMENT WORKS .

(i) No construction of any structure which relies upon a Treatment Works shall be constructed until a Treatment Works Construction Permit has been issued by the Board.

(ii) As part of the application for a Treatment Works Construction Permit, the Applicant shall submit a detailed estimate of the cost for constructing the Treatment Works, the estimated useful life of each major component and the estimated annual operations and maintenance cost. Based on this data, and any other reasonable estimates made by the Board, the Board shall establish a system of financial responsibility for the Treatment Works pursuant to which the Applicant shall, prior to the commencement of construction under the Treatment Works Construction Permit, make an initial deposit of funds in a specially segregated account for such purpose, equal to the Board’s estimate of the annual operation and maintenance costs plus an estimated amount for replacement reserve. Any funds expended during the year shall be accounted for in the annual financial report required by July 1 of each year and must be shown to have been replaced in this account by the same date.

(iii) No Treatment Works shall be operated until it has received a Treatment Works Operations Permit from the Sharon Board of Health containing conditions deemed necessary for safe and effective operation.

(iv) A Treatment Works Operations Permit is issued in the name of the record owner of the Lot on which the Treatment Works is constructed after the owner has proven to the reasonable satisfaction of the Board that the owner has the capabilities, financial and otherwise, to maintain and operate the Treatment Works. The Treatment Works Operations Permit is not transferable without the approval of the Board. The fee for the Treatment Works Operations Permit is established in the Schedule of Fees.

(v) Treatment Works Operations Permit shall be valid for one (1) year and the Applicant must file an application for renewal 30 days prior to expiration.

(vi) Prior to the commencement of operation of the Treatment Works, the owner shall record in the Registry of Deeds a covenant and restriction in the form and substance satisfactory to the Board binding and enforceable against the premises served by the Treatment Works and the owner thereof, to maintain the Treatment Works. The covenant and restriction shall run in favor of and be enforceable by the Town and shall be superior in title to any liens (including mortgages, labor and mechanics liens and the like) on or interests in the premises, except for the lien for real estate taxes. The covenant and restriction shall be enforceable against any or all of: the operation and maintenance fund, the premises, or the owner thereof, as the Town may elect in its discretion.

(e) WASTEWATER TREATMENT WORKS:

(i) No discharge from a Treatment Works is permitted into any surface water for wetland, as defined by Massachusetts General Laws Chapter 131, Section 40, unless a National Pollution Discharge Elimination System permit has been obtained from the Environmental Protection Agency.

(ii) LOCATION: No Treatment Works shall be constructed within 100 feet of a property boundary or within 100 feet of any Structure (with the exception of the Treatment Building itself). Additionally, no septic tank shall be constructed greater than 50 feet from the Treatment Building.

(iii) DISINFECTION OF TREATMENT WORKS EFFLUENT, if required by the Board, shall be accomplished by either ultraviolet radiation or ozonation or other systems approved by the Board of Health.

(iv) SLUDGE REMOVAL: All sludge must be disposed off-site during normal business hours Monday through Friday, except in emergency situations. The Board will review the Applicant’s plan for sludge removal, including the method of transport, the route to be used, the frequency of removal, destination, and license status of the proposed sludge hauler. Each time sludge is removed from the site, a copy of the receipt must be provided to the Treatment Works Operator and to the Board.

(v) MONITORING REQUIREMENTS: A groundwater and/or Influent and Effluent Monitoring Program will be developed to the reasonable satisfaction of the Board on a case-by case basis prior to issuing the permit. All monitoring results must be submitted to the Board within seven days of receipt. The Board may modify the monitoring program at any time.

7.03 CERTIFICATE OF COMPLETION:

(1) No new or repair of a Treatment Works shall be backfilled until it has been inspected by the Board or its agent.

(2) No sewage disposal system shall be complete and no new construction served by a Onsite Sewage Disposal System or Treatment Works shall be inhabited until a Certificate of Completion has been issued by the Board.

(3) Certificates of Completion may contain continuing conditions including, without limitation, deed restrictions, financial assurances and monitoring requirements which shall apply throughout the use of the onsite system or Treatment Works. Such conditions shall be enforceable by the Board throughout the entire period of use of the system or treatment works unless such conditions are revoked by the Board.

7.04 PLAN REQUIREMENTS:

(1) Any plan submitted for a permit to construct an on site subsurface sewage disposal system or a Treatment Works to replace in its entirety an existing failed system, or for a lot not previously built upon, shall as a minimum, include the following:

(a) Six copies of a plot plan at a scale of 1”=20’, 1”=40’ or 1”=50’, prepared and stamped by a Massachusetts Registered Professional Engineer, or a Massachusetts Registered Sanitarian, along with the appropriate application forms and the necessary fee. Any plans requesting a variance to setback distances must also be stamped by a Massachusetts Registered Land Surveyor.

(b) Name of present owner, applicant, surveyor and engineer;

( c)The lot to be served, including all dimensions, lot number and area of the lot.

(d) The dimensions and location of the buildings on the lot, including garages and driveways;

(e) Location and dimensions of the sewage disposal system including the reserve area;

(f) Existing and proposed contours of the lot, street, and adjacent adjacent property;

(g) Finished street centerline grades opposite the front corners and middle of the lot;

(h) Proposed elevations of the top of the concrete foundation and basement floor. ;

(i) Location of underground utilities in the street, those which will service the lot, streams, surface and subsurface drains and wetlands within 125 feet of the sewage disposal system, known sources of water supply (including potable wells and irrigation wells) within 200 feet of the sewage disposal system and any proposed well to serve the lot.

(j) A written determination of groundwater classification within 200 feet of the On-site subsurface sewage disposal system, treatment works or soil absorption system (i.e., Zone I, Zone II, groundwater protection area, surface water protection area) and floodplain class;

(k) A permanent benchmark shall be furnished within 50 feet of the sewage disposal system;

(l) Design calculations for both sewage flow and system capacity in accordance with the requirements of Title 5;

(m) Location and elevation and log of deep soil observation holes and the location and results of percolation tests. These tests shall have been taken in the area of the disposal system and reserve area;

(n) A profile showing the on-site subsurface sewage disposal system to be installed or the treatment works including any associated soil absorption system;

(o) A soils absorption system reserve area;

(p) A complete listing of all variances sought from 310 CMR 15.000 and/or Article 7 of the Rules and Regulations of the Sharon Board of Health;

(q) A certification that the plan meets the requirements of 310 CMR 15.000 and Article 7 of the Rules and Regulations of the Sharon Board of Health.

(2) Within 30 days following completion of construction activities, two As-Built Plans conforming to 7.02.4 shall be provided to the Board of Health. Plans shall also be provided in an electronic format acceptable to the Board of Health or its Agent.

(3) As-built plans must include a list of all variances granted by the Board of Health and a

list of conditions, if any, imposed by the Board.

(4) All applications for a shared system shall include a demonstration that individual septic systems in full compliance with both Article 7 and Title V could have been constructed to serve.

7.05 CONSTRUCTION STANDARDS FOR ON-SITE SUBSURFACE SEWAGE DISPOSAL SYSTEMS AND TREATMENT WORKS: All onsite systems and treatment works hereafter constructed shall be of material and design approved by the Board of Health. The minimum acceptable design will conform to the requirements of the state Environmental Code, Title 5, except for higher requirements noted below:

(1) All components shall be capable of supporting AASHTO HS20-44 loads;

(2) Access shall be provided by 24 inch diameter cast iron frames and grates adjusted to grade as required by the Board of Health.

(3) In general, the proposed grading of the lot shall shed water away from the building and the disposal system areas so as not to create ponding or water within the immediate vicinity of the dwelling; also the final grading shall slope up at least six inches (6") in the first ten feet (10') from the edge

of the traveled way along the entire frontage to prevent any street drainage from entering the lot.

(4) All septic tanks hereafter constructed shall be two-compartment, water tight, and constructed of reinforced concrete, or an equal durable material. The minimum liquid capacity of a septic tank shall be determined in accordance with Title 5, but in no case less than 1,500 gallons.

(5) Pumps: Mercury liquid level control switches are prohibited.

(6) Soil Absorption Systems shall conform to the following:

(a) The minimum percolation rate for determining the leaching area requirements shall be 6.0 minutes per inch.

(b) Where leaching trenches are used, the area between the trenches is not to be considered suitable for a reserve area.

( c) Expansion areas shall be located at a minimum of 10 feet from the primary disposal area.

(d) No soil absorption system shall be constructed in soils with a percolation rate greater than 30 minutes per inch.

7.06 INTERCEPTOR DRAINS: Lowering the groundwater table through the use of interceptor or curtain drains to permit marginal or unacceptable conditions to meet minimum requirements for the installation of subsurface disposal systems for new construction is prohibited by the Board of Health. Such drains may be allowed or required to rehabilitate a system that has failed.

7.07 DEPTH TO GROUNDWATER:

(1) For areas located within Water Resource Protection Districts and Zone IIs, there must be five feet of naturally occurring soil between high groundwater elevation and the bottom of a leaching facility. The system will be designed to maximize this distance.

(2) For all other areas there must be four feet of naturally occurring soil between the high groundwater elevation and the bottom of the leaching field.

(3) For new construction, system may not be mounded above

existing topography in order to achieve separation to groundwater.

(4) Non-indigenous soils added on top of natural topography shall not

be included in calculating depth to groundwater.

7.08 SPECIAL REQUIREMENTS FOR FLOODPLAINS: For systems located in floodplains, the bottom of the septic tank, distribution box, pump or dosing chamber, grease trap, and leaching facility shall be one foot above the base flood elevation (the level of inundation of the 100 year frequency storm event). Building sewers and sewer manholes shall be water tight to an elevation one foot above the base flood elevation.

7.09 AUTOMATIC FAILURES:

(1) At the time of inspection, all septic tanks 25 years of age or

older shall be replaced unless structurally certified by a licensed Title 5

inspector to be sound and leak-proof.

(2) At the time of inspection, all cesspools shall be replaced

with systems in maximum feasible compliance with Title 5 and Article 7.

REPAIRS AND UPGRADES TO EXISTING SYSTEMS: The design and construction of repairs and upgrades to existing systems shall be in conformance with the requirements listed below. The Board of Health may modify the requirements when necessary for a particular situation.

7.10 REPAIRS TO EXISTING SYSTEMS

(1) A system determined to be in failure by the Board of Health shall be corrected in accordance with 310 CMR 15.353, Emergency Repair. If additional repair or replacement is required as determined by the Board of Health all work must be completed within 90 days of the date of the emergency repair.

(2) A system determined to be in failure at the time of a system inspection (310 CMR 15.301) shall be corrected as described in Section 7.02.

(3) In the event that any person subject to an order from the Board of Health, pursuant to section 7.02. and 310CMR 15.026, as the same may be from time to time amended, or such other applicable rule or regulation, does not repair a failed septic system within 90 days of the issuance of the Board's order, the Board of Health, after a properly noticed hearing in which the Board determines that the failed system presents a risk to the public's health, may cause such repairs to be made at the Board's direction and expense necessary to bring the system into compliance with these regulations and Title 5. The Board, its agents and contractors have the right to enter the premises of any person subject to a determination made pursuant to the preceding sentence for the purpose of repairing a failed septic system.

(4) Repairs to failed septic systems undertaken by the Board of Health pursuant to section 7.02. which cost $5,000 or more shall comply with the relevant provisions of M.G.L. c. 30B. All expenses incurred by the Board of Health in repairing a failed septic system pursuant to section 7.02, including, but not limited to, costs attributable to the design, materials, construction, inspection, and oversight of the repairs and any legal expenses incurred, shall constitute a debt to the Town of Sharon and may be recovered from the owner by an action in contract. Additionally, the Board of Health may impose a lien in accordance with the provisions of the second paragraph of M.G.L. c. 139, S.3A, for the cost of all repairs, as outlined above, undertaken under section 7.02. Nothing in this regulation shall prohibit or otherwise limit the Board of Health from entering into agreements to repair failed septic systems pursuant to M.G.L. c. 111, S.127B 1/2.

7.11 UPGRADES TO EXISTING SYSTEMS:

The following actions are required whenever a building permit must be obtained from the Sharon Building Inspector:

(1)Whenever an addition of “non-habitable space” is proposed, as defined by Article V of the Zoning Bylaws of the Town of Sharon, a certified System Inspector shall inspect the existing system. If the system is determined to be in failure as defined by Title 5, it shall be upgraded or replaced to meet current standards under Title 5 and this Article 7.

(2) Whenever an addition of ” habitable space” is proposed, as defined by Article V of the Zoning Bylaws of the Town of Sharon, the following actions shall be taken as applicable:

(a) If the system is located within a defined Zone I or II of a Sharon public water supply, or within a Sharon Surface water or Groundwater Protection District, the system shall be upgraded or replaced to meet current standards under Title 5 and this Article 7 regardless of whether or not it has failed.

(b) If the system is not located within a defined Zone I or II of a Sharon public water supply, or within a Sharon Surface Water or Groundwater Protection District and the system is not in failure:

(i) Metal tanks shall be replaced with tanks in compliance with the 1995 Code;

(ii) If the bottom of the soil absorption system is less than four feet from groundwater, the soil absorption shall be upgraded or replaced to meet current standards under Title 5 and Article 7.

(iii)If the entire system fails to meet the 1978 Code, the system shall be upgraded or replaced to meet current standards under Title 5 and Article 7.

7.12 INSPECTION OF BACKFILL: The owner, person or agent responsible for the construction, alteration, repair or installation of an on-site subsurface sewage disposal system or a treatment works and any associated soil absorption system shall have such work inspected by the Board of Health before such work is backfilled and such backfilling shall thereafter be applied in a manner approved by the Board.

7.13 REQUIREMENTS FOR FILING SUBDIVISION PLANS:

(1) Any person who submits a preliminary or definitive subdivision plan to the Planning Board must also submit the following information to the Board of Health:

(a) A copy of the plan and other documents submitted to the Planning Board in accordance with Section 3.22 and 3.3.2 of the Planning Board Regulations.

(b) Percolation test results and soil observations to a depth of ten (10) feet at a minimum frequency of one per every four (4) lots. Said tests shall be witnessed by an agent of the Board of Health and performed in accordance with Title 5 and reported by a Registered Professional Engineer, Sanitarian and/or Licensed Soil Evaluator.

( c) Pursuant to 105 CMR 410.180, evidence satisfactory to the Board that the Lot has a supply of potable water sufficient in quantity with adequate pressure and quality that has been determined to not endanger the health of any potential user.

(d) Review of plans within the Water Resource Protection District. When reviewing subdivision plans within Water Resource Protection Districts, the Board of Health shall evaluate the following issues:

(i) Do adequate geological characteristics (primarily concerning percolation) exist on each lot for building?

(ii) Can adequate setbacks between private wells and septic systems be maintained within the proposed subdivision layout?

(iii)Will downgradient surface water or groundwater resources be impacted by the migration of sewage-derived contaminants?

(iv) Will private wells in the proposed subdivision be subject to road salt contamination or other road -related contamination?

7.14 ENVIRONMENTAL HEALTH IMPACT REPORT

(1) The Board of Health may require the project proponent to submit an Environmental Health Impact Report pertaining to the proposed subdivision, to determine if the project is protective of public and environmental health and ensure that adequate protection against flooding, siltation, and other drainage problems is provided. This information may include, but is not limited to:

(a) A geologic description of the parcel indicating location and depth of confining layers (silt and clay);

(b) Approximate aquifer thickness throughout the parcel;

(d) Determination of downgradient receptors, including residences, surface water features and wetlands (on and off-site);

(e) The projection of nitrogen concentrations downgradient of each septic system or protective zones of contribution of a well on each lot;

(f) The impact of nitrogen, phosphorus, and other contaminants on groundwater and downgradient wetlands, ponds, streams, rivers and/or other human or environmental receptors; and,

(g) Precipitation effects.

(2)Any Applicant required to file an Environmental Health Impact Report shall have the burden of proving by submission of a preponderance of credible evidence that the proposed work shall not have an unacceptable significant and or cumulative effect upon the public or environmental health.

(3) The Board of Health shall review the plans and report to the Planning Board within 45 days after the Definitive Plans and other requested data is filed with the Board of Health as required in section 81-U of Chapter 41 of the Mass. General Laws and the Sharon Planning Board Regulations or bylaws. The report shall indicate approval or disapproval of the plan. In the event of disapproval, the Board of Health shall name specific findings as to which, if any, of the lots shown on the plan cannot be used for building sites without injury to public health, and shall include such specific findings and reasons therefore. The Board of Health may require the submission of additional data which, in its opinion, is necessary to properly evaluate the subdivision from a public health standpoint.

7.15 APPLICATION REVIEW FEES

(1) When reviewing any application for permit/approval, the Board, at its discretion, may determine that the assistance of outside consultants is warranted due to the size, scale, or complexity of a proposed project or because of a projects potential impacts. The Board may require that the applicant pay a “review fee” consisting of the reasonable costs incurred by the Board for the employment of outside consultants engaged by the Board to assist in the review of an application.

(2) In hiring outside consultants, the Board may engage engineers, planners, lawyers, urban designers, or other appropriate professionals who can assist the Board in analyzing a project to ensure compliance with all relevant laws, ordinances/bylaws and regulations.

(3) In the case of the construction of a New Subsurface Sewage Disposal System, or Treatment Works, with design flows greater than 1,500 gallons per day, the Applicant shall deposit with the Board of Health at the time of permit application the sum set forth in the Board’s Schedule of fees under “Sewage Disposal Permit Deposit” or “Treatment Works Permit Deposit”, as applicable, in the form of a certified or bank check made payable to the “Town of Sharon.”

(4) Funds received by the Board pursuant to this section shall be deposited with the municipal treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation. Expenditures from this special account shall be made only in connection with the review of a specific project or projects for which a review fee has been or will be collected from the Applicant. Failure of an Applicant to pay a review fee shall be grounds for denial of the application/permit.

(5) Review fees may only be spent for services rendered in connection with the specific project for which they were collected. Accrued interest may also be spent for this purpose. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project, shall be repaid to the Applicant or the Applicant's successor in interest. A final report of said account shall be made available to the Applicant or the Applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an Applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.

(6) Any applicant may take an administrative appeal from the selection of the outside consultant to the Board of Health. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either or an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a related field.

7.16 APPROVAL: Neither the Board of Health nor any member or representative thereof assumes responsibility for the successful operation of any on-site subsurface sewage disposal system or treatment works and any associated soil absorption system or any portion thereof. Approval of any aspect of the testing, design or construction by the Board of Health shall not relieve the designer and the septic works installer of their sole responsibility for the design and construction of the system or works which fully conforms to all requirements of the State Sanitary Code, Title 5 and to all requirements of these regulations.

7.17 MAINTENANCE: Every owner, occupant, or agent of premises where there is any private sewer, drain, septic tank, or cesspool shall keep the same in a sanitary condition and shall have every septic tank and cesspool emptied and cleaned when necessary or at such time as ordered by the Board of Health

(1) Biannual pumping of cesspools and septic tanks is recommended at a minimum.

(2) Whenever a water closet, septic tank, cesspool, or pipe becomes offensive or obstructed, the owner, occupant, or agent of premises shall cause same to be cleaned or otherwise corrected.

(3) All septic tanks shall be pumped as required in Article 6.6 Required Maintenance and the owner, occupant, or agent of premises shall submit a copy of the pumper's signed receipt to the Board of Health as compliance.

(4) If the owner or occupant fails to comply with such order, the Board may cause the nuisance, source of filth, or cause of sickness to be removed and/or reconstructed: and all expenses incurred thereby shall be paid by the person who caused or permitted same, if he has had actual notice from the Board of Health of the existence thereof.

(1) PERCOLATION AND DEEP HOLE TESTS DETERMINATION OF MAXIMUM GROUNDWATER ELEVATION: A minimum of one percolation test, and two deep hole observation holes will be required for each proposed soil absorption system. The Board of Health may require additional tests as warranted by site conditions and the size of the facility. Tests may be performed at any time during the year. The maximum groundwater elevation will be determined by an approved Soil Evaluator and approved by the Board of Health or its Agent.

(2) Minimum Distances:

(a) No disposal facility shall be closer than the distances stated to the components listed in the following table:

TANK SOIL ABSORPTION SYSTEM SEWER

Property Line 20feet 20 feet 10 feet

Street or Sidewalk Right of Way 25 feet 25 feet 10 feet

Subsurface Drain, or Street Drain 25 feet 50 feet 25 feet

Drainage Easement 25 feet 50 feet 25 feet

Dwelling, Cellar Wall,

Inground pool 10 feet 20 feet 10 feet

Well or Suction Line;

Surface Water Supply 75 feet 125 feet* 75 feet

Reservoir & Tributaries to

Reservoirs 75 feet 125 feet 75 feet

Waterbodies, Wetlands,

Stormwater Retention or

Detention Basin 75 feet 125 feet 75 feet

Waterline (pressure) 10 feet 25 feet 10 feet laterally (18 inches below)

(b) The minimum property line, and street or sidewalk right of way setbacks are reduced to ten feet provided that the applicant has demonstrated to the Board’s satisfaction that:

(i) The natural slope of the ground prevents septic tank or leaching field overflow from flowing toward the property line

(ii) The depth to maximum groundwater elevation exceeds five feet for the entire area between the septic system component and the property line

(iii) The area is not in a defined flood plain

(iv) The area is not subject to surface flooding

(3) Any lot of less than 40,000 square feet in area shall be deemed too small for both water supply and sewage disposal on the same lot.

7.19 TOWN OF SHARON LICENSES

(1) SHARON SYSTEMS INSPECTOR LICENSE

(a) No Systems Inspection Report on a system within the boundaries of the Town of Sharon is valid unless the inspection and the report are completed by a Systems Inspector who holds a Sharon Systems Inspectors License issued by the Sharon Board of Health and is listed by the DEP as an approved Systems Inspector pursuant to 310 CMR 15.340.

(b) Licensing Procedures: The Sharon Board of Health shall automatically grant an initial Sharon Systems Inspector License to any Systems Inspector upon receipt of the first Systems Inspection Report on the Report Form approved by DEP submitted to the Board after the effective date of these regulations provided that:

( i) In the judgment of the Board or its designee, the report was completely, accurately, legibly, and properly filled out; and,

(ii) The Systems Inspector is listed by the DEP as an approved Systems Inspector pursuant to 310 CMR 15.340.

( c) The initial license shall be valid for one year, and shall be automatically renewed on January 15 of every calendar year thereafter, provided: