§ 767-4. General regulations.

A. 

Permit requirements. No on-site system or facility to be used for treating, neutralizing, stabilizing, or disposing of wastewater from homes, public buildings, commercial or industrial buildings, or any other types of establishments, shall be located, constructed, altered, repaired, installed, or abandoned until a DSCP for such work shall have been issued by the Plainville BOH in conformance with 310 CMR 15.000 et seq. ("Title 5") and these regulations. Title 5 and these regulations shall govern all construction within the Town of Plainville. If all or any portion of the disposal system lies within another political jurisdiction, compliance with Title 5 and Plainville's wastewater disposal systems regulation is required. Approval from the adjoining jurisdiction must also be obtained. Proof of permitting must be supplied prior to the BOH signing off on a building permit.

B. 

Responsibility. All persons carrying on an activity regulated by the State Environmental Code and local regulations will be held strictly accountable for complying with the provisions of this instrument. Issuance of a BOH permit does not relieve the permittee of the responsibility to conform to the state and Plainville BOH regulations.

C. 

Construction. No building construction shall proceed until the BOH has issued a DSCP or otherwise approved the construction by use of , or a form provided by the BOH.

Editor's Note: is included as an attachment to this chapter.

D. 

Possession of plan, permit, and job card. All installers of on-site wastewater disposal systems shall have the BOH disposal system construction permit a copy of the approved plan and job card in their possession on the site while installing the system, to be available for the BOH agent at the time of any inspection.

Editor's Note: A copy of the Construction Job Card is included as an attachment to this chapter.

E. 

Approval of BOH. No new homes or any other buildings or facilities which utilize an on-site wastewater system shall undergo a change of use or increase in design flow, shall be occupied, nor shall any occupancy permit be granted for such, until the BOH has approved such dwelling or other building or facility for the adequacy of wastewater disposal, water supply, and stormwater drainage, as required. For additions or changes to existing single-family homes, must be completed and submitted to the BOH for approval before obtaining a building permit.

F. 

On-site wastewater system location. In determining a suitable location for a system, consideration shall be given to the size, shape, and slope of the lot, hydrogeological conditions, natural and adjusted drainage, existing and known, future water supplies, depth to groundwater, and impervious material, as well as room for future expansion of the system.

G. 

Nitrate regulations: Lots in nitrogen sensitive areas and the Plainville Groundwater Protection District may not be subdivided and/or reduced in size without approval from the Plainville BOH. A groundwater Impact report (GIR) must be submitted as described in Plainville Code Division 5, BOH Regulations, Chapter 611, Groundwater and Water Protection Supply.

H. 

Retaining walls and impervious barriers: Installation of retaining walls and impervious barriers shall be inspected during all phases of construction by the design engineer and must be certified, in writing, that they were installed in conformance with Title 5 and the approved design plan. The distance from the impervious barrier to the edge of the soil absorption system closest to the barrier shall be 10 feet. If the ten-foot requirement cannot be met for new construction, repair, or upgrade then approval must be obtained through the BOH.

I. 

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

(1) 

Prior to the issuance of a license, the pumper truck must be inspected by an agent of the BOH and pass inspection.

(2) 

Pumping records shall be submitted by the septic hauler on a monthly basis.

J. 

All soil evaluators and Title 5 system inspectors licensed by the state, all alternative technology inspectors (FAST/RUCK systems etc.), percolation test performers, and installers working in Plainville shall obtain a license from the Plainville BOH and pay an application fee to perform such work in the Town of Plainville. The BOH may revoke said licenses when it determines, after a discussion at a public hearing, that the soil evaluator, Title 5 inspector, alternative technology inspectors, percolation test performers, or installer has not complied with 310 CMR 15.000 by falsifying information, misrepresentation of a soil evaluation or Title 5 inspection. Re-instatement may be allowed at a hearing in front of the BOH.

K. 

Abandonment of on-site septic systems. Abandonment of on-site systems shall be performed in accordance with the requirements of the BOH. Only licensed installers and licensed drain layers shall abandon systems.

(1) 

The portions of the abandoned system which require pumping shall be pumped of their entire contents by a licensed septage hauler and shall be either excavated and removed from the site or ruptured and filled with clean sand.

(2) 

Abandonments shall be witnessed by an agent of the BOH and prior to abandonment a permit shall be obtained from the BOH and a fee will be charged as set by the BOH. A copy of the sewer tie-in permit must be submitted with the application, if applicable.

(3) 

If no as-built is on file with the BOH then a sketch of the location of all components abandoned must be submitted.

L. 

Cesspools and Title 5 Inspections. Title 5 states that cesspools are nonconforming systems; therefore, cesspools, cesspools with an overflow cesspool, and cesspools with an overflow line are considered to be in failure at the time of a Title 5 inspection under these regulations. The system must be upgraded in compliance with Title 5 and the Plainville BOH Rules and Regulations.

M. 

Ownership: For new construction, all disposal systems shall be located on the same lot as the principal building.