HomeMy Public PortalAboutPrivate Well RegulationsTOWN OF BREWSTER
2198 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-3701 EXT 1120
FAX: (508) 896-4538
BRHEALTH@BREWSTER-MA.GOV
OFFICE OF
HEALTH DEPARTMENT
BREWSTER BOARD OF HEALTH
PRIVATE WELL REGULATIONS
Under the authority of M.G.L., CH. 111, Sec. 31 and CH. 21G, Sec 20, to protect the public health of the
inhabitants and the environmental quality of the Town of Brewster, the Brewster Board of Health voted to adopt
the following regulation at its meeting held on June 16, 2015.
When these regulations become effective, all previous Private Well Regulations will be rescinded.
SECTION (1) DEFINITIONS:
Abandoned Well- A well that has not been used for water supply for a period of one year or more, unless the
owner declares his intention to use the well again for supplying water within one year.
Area of Restricted Groundwater Use- An area of land which has been designated by the Board of Health to have
groundwater which has been degraded or may become degraded to a point where it is unfit for human
consumption or other uses.
Board of Health- The Brewster Board of Health or its agents.
Decommissioning- The plugging of an abandoned well so that it will not serve as a conduit for movement of
water to or from the well or between water bearing zones.
Groundwater Heat Pump- A refrigeration system which can heat or cool a dwelling which operates by
exchanging heat with the groundwater. The groundwater can be supplied by either a closed loop system or an
open loop system consisting of a supply and discharge well.
MassDEP- The Massachusetts Department of Environmental Protection (and its successor agency, if
applicable).
Monitoring Well- A well used for groundwater monitoring purposes which is left in the ground for over 48
hours.
Non-Potable- Well water which will be used for purposes other than for human consumption and bathing.
Pollution- Adverse effect on water quality created by the introduction of any potentially harmful matter.
Potable- Water which is free from impurities that may cause disease or harmful physiological effects and is safe
for human consumption and bathing.
Primary Water Quality Standards- Minimum standards of water quality set for the protection of public health.
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Protection Zone- An area with a radius of one hundred (100) feet surrounding a well and an imaginary line
extending one hundred fifty (150) feet up gradient (see attached figure A); or, where sufficient hydro geologic
information is available and actual zones of contribution can be defined to the satisfaction of the Board of
Health.
Rented or leased property- Any dwelling used for habitation or business purposes by an occupant other than the
owner, for the use of which a fee is paid. This includes but is not limited to, campgrounds, motels, bed and
breakfasts, inns and other accommodations used on a transient basis, as well as community –type building
which are rented to community groups.
Secondary Water Quality Standards- Minimum standards of water quality established for constituents of water
which may adversely affect the aesthetic quality of drinking water through taste, odor, color and appearance of
drinking water.
Well- Any hole or shaft constructed into the ground for the purpose of injecting or extracting water and other
fluids, or to monitor groundwater levels and water quality. Not included are wells used on a temporary basis for
the purpose of dewatering excavations, stabilizing hillsides or earth embankments, sampling soil vapors, or
sampling groundwater if the installation tool is left in the ground fewer than 48 hours.
Well Driller- Any licensed/certified individual, corporation, company association, trust, or partnership that
drills, alters, or decommissions a well for a fee or advertises for hire to provide such services.
SECTION (2) GENERAL REQUIREMENTS
A) Registration of Wells
The owners of any property in the Town of Brewster on which there is a potable water, well or non-potable
water well must register the well with the Board of Health. The registration of the well must include the
property location, its street address, map and parcel number, year constructed, location of well on the property,
and whether the well is potable or non-potable well water.
B) Registration of Well Drillers
All well drillers doing business in the Town of Brewster shall annually file with the Board of Health a copy of
their current well driller registration certificates issued by the MassDEP in accordance with 310 CMR 46.00.
C) Well Installation, Alteration, Repair and Abandonment
1) No well shall be installed, altered, repaired, replace or abandoned except by a well driller, who is certified
by MassDEP pursuant to M.G.L. Chapter 21, Section 20, 310CMR 46.00; and the Brewster Board of Health.
2) All wells shall be located on the property to be served.
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D) Well Construction
1) The top of a potable well shall be 8” above ground which is higher than any surface sources of
contamination and above any known conditions of flooding by drainage or runoff from the surrounding land,
unless located in a flood-proofed well house or fitted with a sanitary seal.
2) Wells must be constructed so as to maintain existing natural protection against all known or potential
pollution from entering the well.
3) All non-yielding holes which are installed in the process of constructing a well must be filled so as to not act
as a conduit to the groundwater.
4) In areas where salt water or other pollutant intrusion is known or likely to occur, the Board of Health ,
working with the applicants design engineer, may specify the well screen level, pumping rate, water storage
capacity, or any other construction parameter which must be used to ensure that water of adequate quality is
obtained.
E) Well Decommissioning
1) Prior to destruction of any well, the well driller must obtain a well destruction permit from the Board of
Health.
2) The fee for this permit shall be set by the Board of Health.
3) Any abandoned well shall be filled and sealed with clean puddle clay, neat cement grout, bentonite or
concrete grout in such a manner as to prevent it from acting as a channel for pollution to the groundwater.
4) Within 30 days following the completion of the plugging procedure, the certified well driller who plugged
the abandoned well, test hole, or dry or inadequate boring must submit a Well Completion Report to MassDEP
with a copy to the Board of Health in accordance with 310 CMR 46.03, and must submit a Decommissioning
Report to the owner, agent and Board of Health, where the well, test hole, or boring is located.
The following information shall be included in the Decommissioning Report:
a) name and address of the property owner
b) name and address of the certified well driller who performed the plugging
c) reason for abandonment
d) location of the well, test hole, or boring referenced to at least two permanent structures or, when
possible, use GPS coordinates
e) static water level before plugging
f) types of plugging material used, including mix specifications
g) a copy of the abandonment permit
5) At the time of selling, conveying, or transferring title to real property in the Town of Brewster, abandoned
wells must comply with sections 3 & 4 above.
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F) Prohibitions
1) Dug wells are prohibited in the Town of Brewster.
2) The extraction of water from lakes, ponds, streams and springs is prohibited in the Town of Brewster,
with the exception of extracting water for productive agricultural/horticultural uses as permitted by the
State.
SECTION (3) REQUIRMENTS FOR NON POTABLE WATER WELLS
A) Well Construction Permit
1) No well shall be installed, altered, or repaired, until a Well Construction Permit has been obtained from the
Board of Health. A permit so granted shall expire six (6) months from the date of issue, unless construction has
begun.
2) The fee for this permit shall be set by the Board of Health.
3) An application for a Well Construction Permit shall be submitted by the drilling contractor, or his agent, to
the Board of Health on forms furnished by the Board of Health. The well driller is responsible for obtaining
said permit prior to construction.
4) The Board of Health must approve the location and design of the well, prior to issuance of a Well
Construction Permit. Prior to approval, the Board of Health requires the following information be submitted:
a) The assessor’s map, parcel and lot number of the property on which the well will be located.
b) A site plan showing the proposed location of the well in relation to building foundations,
property lines, building sewer lines, subsurface drainage systems, subsurface sewage disposal
systems serving the lot and all other lots within 100’ and any other known source of
contamination within 100’ which could affect the well.
5) Permit conditions- All permits issued shall be subject to the conditions that all facilities shown shall be
constructed in the location approved by the Board of Health. All permits issued shall be subject to the
requirements of these regulations and to such further conditions as the Board of Health shall prescribe.
6) Cross Connections- Cross connections between public and private water supplies are prohibited.
B) Well Location
1) In general, wells intended for non-potable purposes shall be located as far as possible from potential sources
of contamination. The following minimum distances are required:
Property Line 10 feet
Roadway 10 feet (from edge of road layout, not
edge of pavement)
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Leaching catch basin/drywell 25 feet (but recommend that this distance
be maximized)
Septic tank 10 feet
Septic leaching facility 25 feet
Septic distribution box 10 feet
Building sewer 10 feet
Subsurface drains 25 feet (but recommend that this distance be
maximized, as pollutants frequently
travel along the outside of
subsurface drainpipes.
Inlet and discharge wells used solely to serve open loop heat pumps shall be located not less than 10’ from a
septic tank
Inlet and discharge wells used solely to serve open loop heat pumps shall be located not less than 50’ from a
septic leaching facility
2) Where, in the opinion of the Board of Health, adverse conditions exist, the above distances may be
increased. In certain cases, the Board of Health may require the owner to provide additional means of
protection. Where possible, the well shall be located up the groundwater gradient from sources of
contamination.
Prior to approval of the well, the owner, or his agent, shall take a water sample(s) from the well and submit it to
a state certified testing laboratory for analysis, with the cost to be borne by the owner. The results of all analyses
shall be submitted to the Board of Health. At a minimum, water must be tested for Total Coliform:
Primary Standard
Total Coliform 0 colonies/100ml. by membrane filtration
In locations where potential sources of contamination are believed to exist, additional water testing and special
standards may be required by the Board of Health to ascertain that the well water is safe for the use intended.
C) Well Approval
1) A non potable well shall not be placed into use until the Board of Health issues a Certificate of Approval for
the well to the owner of the property which the well serves.
2) The certified well driller shall submit a copy of the Well Completion Report, as required by 31 0 CMR 46.00
Certification of Drillers and Filing of Well Completion Reports, to the Brewster Board of Health within 30 days
of well completion.
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SECTION (4) REQUIREMENTS FOR POTABLE WATER WELLS
A) Well Construction Permit
1) No well shall be installed, altered, or repaired until a Well Construction Permit has been obtained from the
Board of Health. A permit so granted shall expire six (6) months from the date of issue, unless construction has
begun.
2) The Board of Health shall set the fee for this permit.
3) An application for a Well Construction Permit shall be submitted by the drilling contractor, or his agent to
the Board of Health on forms furnished by the Board of Health. The well driller is responsible for obtaining
said permit prior to well construction.
4) The Board of Health must approve the location and design of the well prior to issuance of a Well
Construction Permit. Prior to approval, the Board of Health requires the following to be submitted:
a) The assessor’s map, parcel and lot number of the property on which the well will be located.
b) Design and capacity of the water system, as described under well yield and water system design.
c) A site plan, drawn by a registered professional civil engineer, registered sanitarian, or registered
land surveyor. Such plan must show the proposed location of the well in relation to building
foundations, property lines, building sewer lines, the subsurface sanitary disposal systems
serving the property and other septic systems within 150 feet and any other known sources of
contamination within 150 feet which could affect the well. Such sources of contamination shall
include: sanitary landfills, auto junk yards, municipal sewage treatment facilities with on site
disposal of primary or secondary effluent, car washes, road salt stockpiles, dry cleanin g
establishments, boat and motor vehicle service and repair, cabinet making, electronic circuit
assembly, metal plating, finishing and polishing, right-of-ways, motor and machinery service and
assembly, commercial paint, wood preserving and furniture stripping, sites where pesticides
and herbicides are regularly applied, including golf courses and cranberry bogs ( but not
including pesticide application at single family dwellings), photographic processing, printing,
chemical and bacteriological laboratories, transportation terminals, funeral homes, any principal
use involving the sale, storage, or transportation of fuel or oil, and any use which involves as an
activity the manufacture, storage, use, transportation or disposal of toxic or hazardous materials.
To meet this requirement, well location shall be shown on the same plot plan submitted to the
Board of Health for approval of septic system installation.
d) Proof that the owner of any property abutting the applicant’s property and/or in the
protective zone has been notified of the applicant’s intention to install a well.
5) For emergency repair, alteration, or replacement of an existing well, the Board of Health may waive the
requirements that a site plan be submitted if a registered engineer, registered land surveyor or registered
sanitarian locates the well in the field prior to the repair, alteration or replacement of the well commencing. A
plot plan, in compliance with these regulations, must be submitted within 30 days upon completion of the
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emergency repair, alteration or replacement. Notification as required in A (4) d above can be done within ten
10) days of replacement of the well.
6) Permit conditions – all permits issues shall be subject to the conditions that all facilities shown shall be
constructed in the location approved by the Board of Health. All permits issues shall be subject to the
requirements of these regulations and to such further conditions as the Board of Health shall prescribe.
7) Cross Connections- Cross connections between public and private water supplies are prohibited.
B) Well Location
1) On-site private wells shall be permitted only if a protection zone around the proposed well does not include
any septic systems.
2) Groundwater flow directions will be determined using the USGS Brewster Water Table Map (1992), or
measuring the site –specific flow conditions using at least three (3) observation wells in which water table
elevations will be measured.
3) In general, well water intended for human consumption shall be located as far as possible from potential
sources of contamination. The following minimum distances are required:
Property Line 10 feet
Roadway 25 feet (from edge of road layout, not edge of
Pavement)
Leaching catch 25 feet (but recommend that this distance be
basin/drywell maximized)
Septic tank 50 feet
Septic distribution box 50 feet
Building sewer 10 feet
Subsurface drains 50 feet**
This distance should be maximized as pollutants frequently travel along the outside of subsurface drainpipes.
2) Where, in the opinion of the Board of Health, adverse conditions exist, the above distances may be
increased. In certain cases, the Board of Health may require the owner to provide additional means of
protection. Where possible, the well shall be located up the groundwater gradient from sources of
contamination.
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C) Water Quality
1) Prior to approval of the well, the owner or his agent shall take a water sample from the well and submit it to
a state certified testing laboratory for analysis, with the cost to be borne by the owner. The results of all
analyses shall be submitted to the Board of Health. At a minimum, water must be tested for the following: total
coliform, nitrate-nitrogen, pH, conductivity, sodium, iron and manganese.
2) The Board of Health will determine potability of the well using as guidelines the National Interim Primary
and Secondary Drinking Water Standards and the U.S. EPA Maximum Contaminant Levels (MCLs). The water
quality standards for common parameters are as follows:
Primary Standards
Total Coliform 0 Colonies/100ml. by membrane filtration
Nitrate/Nitrogen 10ppm
Secondary Standards
pH Recommend pH above 5.0
Sodium 20ppm
Iron 0.3ppm
Manganese Current Massachusetts Regulatory Limit
Office of Research and Standards Guideline (ORSG)
Target
Population
Exposure
Period
ORSG,
Mg/L (ppm)
General
Population
Lifetime 0.3
General
Population
10-day 1.0
Infants/children
less than 1 year
of age
10 days
Address
within 10
days or
sooner if
possible)
0.3
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3) In locations where potential sources of contamination are believed to exist, or where geologic or hydrologic
conditions require more restrictive or additional standards than those outlined above, additional water testing
and special standards may be required by the Board of Health to ascertain that water meets the Maximum
Contaminant Levels set for public water supplies by the U.S. EPA under the Safe Drinking Water Act and 1986
SDWA amendments. Such testing may include EPA methods 601, 602, 502, 503, 624 and 625 analyses for
purgeable halocarbons, and purgeable aromatics, analysis the Board of Health deems necessary to ascertain
water quality. The Board of Health may approve wells which fail to meet some or all of these standards.
4) When the Board of Health deems it necessary, the health agent or other agent of the Board of Health may be
present to witness the taking of a water sample and/or may take the water sample and deliver it to the testing
laboratory him/herself.
5) The Board of Health further recommends that all well owners have their wells tested at a minimum of every
two years and at more frequent intervals when water quality problems are known to exist.
6) The owner of every well intended for human consumption and serving property which is rented or leased
shall have its water tested at a state certified laboratory for the water quality parameters outlined above, at a
minimum of once every year. Where water quality problems are known or suspected to exist, the Board of
Health may require more frequent testing or testing for additional parameters. Should the owner fail to have the
test done, a tenant may have the water tested with the cost of such test reimbursed by the owner.
7) Result of all water quality tests shall be made available to all tenants of the property and to the Board of
Health, by the owner of the property.
8) In cases where the well water does not meet the Primary Water Quality Standards outline above, the Board
of Health may require the property owner to provide an alternative approved source of drinking water for the
inhabitants of the building served by the well.
D) Submission of Well Water Test Results
1) Prior to issuance of a Certificate of Approval for well water intended for human consumption, the results of
all water quality shall be submitted to the Board of health on a form which includes the minimum standards of
the parameters being tested for.
2) Well water test results shall be valid for one (1) year.
E) Well Approval
1) Water from a new well shall not be placed into use for human consumption until the Board of Health has
approved the potability and quantity of the water provided and issued a Certificate of Approval for the well to
the owner of the property which the well serves.
2) A Certificate of Approval for a well will not be issued until the well water has been shown to meet the water
quality criteria outlined in the regulations
3) The Board of Health shall not sign off on a Building Permit or a Certificate of Occupancy until it has issued
a Certificate of Approval for the well serving that building.
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4) The certified well driller shall submit a copy of the Well Completion Report, as required by 313 CMR 3.00
Registration of Well Drillers and Filing of Well Completion Reports, to the Brewster Board of Health within 30
days of well completion.
5) The Board of Health may approve wells, which fail to meet some or all of the requirements in these
regulations, after a hearing at which a variance from these standards may be granted.
Section (5) Areas of Restricted Groundwater use
Reserved
Section (6) Monitoring Wells
Reserved
Section (7) Fees
1) The Fee for an application for a Well Construction Permit shall be set by the Board of Health and payable at
the time of application.
2) The fee for an application for a well destruction permits shall be set by the Board of Health payable at the
time of application.
Section (8) Test of Water Quality upon Transfer of Real Estate
1) Prior to selling, conveying or transferring title to real property in the Town of Brewster, the owner thereof
shall have tested the water of every potable well serving that property. A water sample from each well shall be
submitted to a state certified laboratory for testing for the parameters outline under Water Quality, above. This
water quality test shall be performed not more than sixty (60) days prior to the transfer of the property. Results
of the water test shall be submitted to the Board of Health prior to property transfer on a form provided by the
Board of Health on which the owner will certify that the sample was taken from the well serving the property
being transferred.
2) In addition, the owner shall give copies of all water test results of which he has knowledge (regardless of
age of results) for the private potable well in questions to any buyer and/or broker identified with the transfer.
In the event that there is no buyer at the time the water is tested, a copy of all water test results must be given by
the owner to the buyer before the property is put under agreement. In the event that the water is not tested by
the owner, the buyer will be required to do so.
3) This regulation shall not apply to the conveyance or devise of a property to a surviving spouse or to any of
the heirs or devisees of the property owner, and further, shall not apply to a sale under power of sale in a
bonafide mortgage affecting the property.
Section (9) Test of Water Quality upon Receipt of a Disposal Works Construction Application
1) When town water is not provided, permission to construct sewage disposal systems will not be granted by
the Board of Health on individual lots until the well is installed and certification submitted as to the
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bacteriological and mineral content of the water by a State Approved Laboratory. In the case of an existing
dwelling or building, a well must be tested prior to the issuance of the Disposal Works Construction Permit.
Section (10) Variance and Enforcement Procedure
A) Variance
1) The Board of Health may vary the application of any provision of this article with respect to any particular
case when, in its opinion, the enforcement thereof would do manifest injustice and provided that the decision of
the Board of Health shall not compromise the protection of human health and environmental quality.
2) Every request for a variance shall be made in writing and shall state the specific variance requested and the
reasons therefor. Any variance granted by the Board of Health shall be in writing. At least ten (10) days prior
to submission of the application to the Board, the applicant shall provide notice of their intent to request a
variance by certified mail, return receipt requested to all abutters of the property upon which the private well
will be or is located. The notice shall include at a minimum: the name and address of the applicant, a statement
of the provisions of this regulation from which a variance is sought, and the reason for seeking the variance.
Any denial of a variance shall also be in writing shall state the reasons for the denial. A copy of any variance
granted shall be available to the public at all reasonable hours in the office of the Town Clerk of the Board of
Health, while it is in effect.
3) Any variance or other modification, authorized to be made by these regulations, may be subject to such
qualification, revocation, suspension or expiration, as the Board of Health expresses in its grant. A variance or
modification, authorized to be made by these regulations, may otherwise be revoked, modified or suspended, in
whole or in part, only after the holder thereof has been notified, in writing and has been given an opportunity to
be heard in conformity with the requirements of 310 CMR 11.00 for orders and hearings.
4) As a condition of granting a variance, the Board of Health may require a restriction to be recorded at the
Registry of Deeds when, in the opinion of the Board of Health, knowledge that the well does not meet minimum
standard, should be available to future potential consumers of water supplied by that well.
B) Enforcement, Penalties
1) The Brewster Board of Health, its designated agents, enforcement officers and anyone with police powers,
may enforce this regulation.
2) Violations of this regulation will be subject to the provision of Massachusetts General Laws, Chapter 40,
Section 21D, regarding non-criminal dispositions as adopted by the Town of Brewster.
3) Any person who violates any provision of this regulation may be subject to a two hundred ($200) dollar fine
for each offense and to suspension of privileges to drill wells in the Town of Brewster.
C) Severability
1) Each section of these rules and regulations shall be construed as separate. If any section, regulation,
paragraph, sentence, clause, phrase or word of these rules and regulations shall be declared invalid for any
reason, the remainder of these rules and regulations shall remain in full force and effect.
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The provisions of Title 1 of the State Environmental Code (310 CMR 11.00) shall govern the enforcement of
these regulations.
Adopted: November 21, 1989 Amended: October 16, 1990
Effective: January 1, 1990 Effective: November 11, 1990
Amended: February 6, 1990 Amended: July 15, 1997
Effective: February 16, 1990 Effective: October 3, 1997
Amended: June 19, 2007 Effective: Upon publication
Amended: June 16, 2015 Effective: June 26, 2015
Amended: November 17, 2015 Effective: January 8, 2016
BREWSTER BOARD OF HEALTH
Lemuel Skidmore, MS, MPH Annie Dugan, RN
Mary Chaffee, RN, PhD Carmen Scherzo, DVM
Joe Ford
Collette Williams, Town Clerk