TOWN OF ESSEX BOARD OF HEALTH

SUPPLEMENTARY HEALTH REGULATIONS

COMPREHENSIVE ON-SITE SEWAGE DISPOSAL SYSTEM INSPECTION PROGRAM

Section 1. The Essex Board of Health, acting under the provisions of M.G.L. Chapter 111, Section 31, M.G.L. Chapter 21A, Section 13, and 310 CMR 15.301 (4)(c), deems the following regulations, supplemental to 310 CMR 15.000, appropriate to protecting the public health, safety, and welfare. The regulations to become effective March 1, 1998 and to so remain until modified or amended by the Essex Board of Health (BOH). Should any conflict between this regulation and 310 CMR 15.000 be discovered, the more strict interpretation shall prevail.

Section 2. This regulation is promulgated in the interest of abating pollution in Essex Bay from on-site sewage disposal systems and in being in compliance with the provisions of the Final Judgment, Commonwealth of Massachusetts v. Town of Essex, Suffolk Superior Court Civil Action No. 96-22098.

Section 3. The BOH hereby establishes a comprehensive sewage disposal system inspection program. Each system will be inspected at least once every seven years. Inspections will be in accordance with 310 CMR 15.000. The inspection will be performed by a Department of Environmental Protection (DEP) approved septic system inspector. The cost of the inspection will be borne by the property owner.

In accordance with the provisions of 310 CMR 15.301(4), compliance with this program will preclude the need for a system inspection at the time of ownership transfer.

To accomplish this, the Town will be divided into seven (7) phases. Attachment A is the list of streets and the map which defines properties to be inspected in each of the seven (7) phases. The first three (3) phases are basically as defined in the Final Judgment. Systems not otherwise included will be included in the last phase.

The procedures and time frames to be followed during an inspection phase are as follows:

1. By April 1 of each year, all homeowners in the inspection phase will be ordered by the BOH to perform a Title 5 inspection on their sewage disposal system and submit an inspection report by July 1 of that same year.

2. On July 1 all inspection reports, recorded on the DEP approved Title 5 inspection report form, must be in the office of the BOH. Property owners failing to submit reports on time will be referred to the Town Counsel for appropriate enforcement action. Rejection of inadequate reports shall not be grounds for extension of the time to submit an inspection report.

3. On August 1 of that same year, the BOH will notify property owners:

a. that their system has successfully passed the Title 5 inspection and their next scheduled inspection date is seven (7) years hence.

b. that their system has failed the Title 5 inspection and they must upgrade their system to Title 5 standards within two (2) years from the inspection date as required by Title 5. Property owners with failed systems will meet this requirement by scheduling a soil evaluation with the BOH by September 30 of that same year, submitting the results of the soil evaluation on the DEP approved Title 5 soil evaluation form to the BOH by December 1 of that same year, and install an approved Title 5 system within two (2) years of the date of the system inspection. If the December 1 deadline is not met, the BOH will refer the property owners to the Town Counsel for appropriate enforcement actions.

c. If a failed system poses an imminent health hazard, the Town will notify the property owner within fourteen (14) days of the discovery of the failure to implement, within thirty (30) days, an emergency repair pursuant to 310 C.M.R. 15.353, or, other temporary measures to eliminate the imminent health hazard. If the owner fails to eleminate the imminent health hazard within the thirty (30) day period required by the order, Town Counsel will commence enforcement proceedings.

The BOH reserves the right to schedule inspections that it deems necessary. The tracking of new or upgraded systems will be based on the date upon which the certificate of compliance is issued by the BOH.

Systems with valid Title 5 inspections performed prior to the scheduled inspection period and which pass the inspection will be tracked according to the date of the latest inspection. Inspection reports must be submitted to the BOH on the DEP approved Title 5 inspection report form within thirty (30) days of the inspection to be considered valid.

The inspection phase for each on-site sewage disposal system will be maintained by the BOH. The status of the inspection program will be published each year in the Annual Town Report.

If any portion of this regulation is found to be unenforceable, the remaining portions will stay in force.

Attested by: ___________________________

Sally Soucy, Town Clerk

___________________________

Date

ATTACHMENT A

Phase I

Addison Street

Addison Lane

Desoto Road

Forest Avenue

Milk Street

Grove Street

School Street

Cogswell Court

Water Street

Phase II

Southern Heights

Southern Avenue -- Apple Street to Main Street

Eastern Avenue -- Southern Avenue to Water Street

Shepherds Memorial Park Drive

Martin Street -- Main Street to Brook Pasture Lane

Maple Street

Winthrop Street

Indian Rock Lane

Noah's Hill

Pickering Street

Vicinity of the intersection of Pond Street and Wood Drive

Phase III

Main Street

Martin Street -- Brook Pasture Lane to Western Avenue

Burnhams Court

Hobbs Court

Spring Street -- Main Street to Dodge Street

Western Avenue -- Main Street to Martin Street

Prospect Street

Brook Pasture Lane

Walnut Park

Willow Court

Landing Road

Fifteen Tree Hill Road

Choate Court

Phase IV

Eastern Avenue -- Water Street to Gloucester Town Line

Essex Reach

Goodwin Court

Haskell Court

Lufkin Street

Lebarron Road

Harlow Street

Lufkin Point Road

Lufkin Point Lane

Ralston Drive

Ralston Lane

Conomo Point Road -- Harlow Street to Lufkin Point Road

Cross Island

Phase V

Western Avenue -- Martin Street to Hamilton Town Line

Pond Street

Harry Homans Drive

Centennial Grove Road

County Road

Sagamore Circle

Red Gate Road

Essex Park Road

Lakeview Road

Icehouse Lane

Patriots Way

Scotts Way

Pine Ridge Road

Doyle Drive

Phase VI

Old Manchester Road

Gregory Island Road

Lake Shore Drive

Lake Shore Lane

Hill Road

Gregory Island Lane

Cauldwell Drive

Coral Hill

Southern Avenue -- Apple Street to Manchester Town Line

Andrews Court

Phase VI (con't)

Rocky Hill Road

Apple Street

Turtleback Road

Kings Court

Laurel Lane

Wood Drive

Phase VII

John Wise Avenue

John Wise Road

Story Street

Story Acres

Lowes Hill Road

Lowes Island

Belcher Street

Choate Street

Deer Hill Farm Road

Island Road

Hardy's Lane

Spring Street -- Dodge Street to end

Orchard Street

Dodge Street

Riverview Hill

Lanes Road

Songinese Creek Road