The Board of Health of the Town of Rutland and the Commonwealth of Massachusetts, acting under Chapter 111, Section 31, of the General Law, as amended, with reference to Chapter 40, Section 54 of said General Laws, has, in the interest of and for the protection of public health, established and adopted the following rules and regulations:
- The word “well” as used in these regulations shall include any pit, pipe, excavation, casing, drill hole or other private source of water to be used for the purpose of supplying potable/non potable water in the Town of Rutland.
- Sampling wells will be properly decommissioned at the end of the testing period or use.
- The words “water systems” as used in these regulations shall include pipes, valves, fittings, tanks, pumps, motors, switches, controls and appurtenances installed or used for the purpose of storage, distribution, filtration, treatment or purification of water for any use whether or not located inside of a building.
A. No well shall be installed until a permit is issued by the Board of Health.
- No building permit shall be issued for the construction of a building which necessitates the use of water therein from a well located on the land where the building is to be constructed until a well has been installed and the Board of Health has determined that a safe and adequate supply of potable water is available.
- Major renovations or repair of existing wells and/or water systems must be approved by the Board of Health before a permit will be issued.
- All well drillers doing business in the Town of Rutland shall annually file with the Board of Health a copy of their current well driller registration certificate issued by the Commonwealth of Massachusetts under MGL Chapter 21, Section 16, and 313 CMR 3.00.
- No well shall be installed, altered, repaired, destroyed or abandoned except by a well driller who is registered with the Water Resources Commission, Division of Water Resources under MGL Chapter 21, Section 16, and 313 CMR 3.00.
- Well construction shall meet the guidelines outlined in the New England Water Well Drillers
Association Ground Water Quality Control Well Construction Code.
- Well construction permit shall expire one year from date of issue, unless construction has begun.
B. The well contractor shall observe reasonable sanitary measures and precautions in the performance of his work in order to prevent pollution or contamination of the well.
- Newly constructed wells or wells where repair work has been done shall be thoroughly disinfected before being put into use.
- All abandoned wells shall be tightly sealed by approved methods or filled with clean earth or preferably clay to prevent pollution of the groundwater.
- There shall be a separate well for each dwelling unit. Wells must be located at least 50 feet from any septic tank and at least 110 feet from any leaching facility or cesspool and set back a minimum of 25 feet from all streets, roads and rights of way. *Wells must also be setback 10 feet from any property sideline. *Revised to regulation – April 29, 2019.
C. Every well must supply adequate water for the purpose for which it is intended and shall give satisfactory evidence of continuing capability to do so.
- Before being approved, every well shall be pump tested by the well contractor. The results of the pump test and volume/recovery shall be submitted on a form prescribed by the Board of Health and kept as a public record.
- In all cases, the Board of Health will require the submission of a water analysis report, to include a bacterial and chemical evaluation by a laboratory approved by the Board of Health or use of a DEP approved laboratory before the issuance of a building permit.
- Within thirty (30) days after completion of the construction of any well, the well driller shall submit to the Board of Health a copy of the Water Well Completion Report.
- When the Board of Health requires the treatment of a water supply, a permit will be issued conditionally requiring an appropriate treatment facility to be installed and tested prior to a final approval of the water system.
- The Board of Health will determine potability of well water using as guidelines the National
Interim Primary and Secondary Drinking Water Standards and the U.S. EPA Maximum Contaminant Level (MCLs). The water quality standards for common parameters are as follows:
- Primary Standards:
- Total Coliform
- Nitrate, Nitrite
- Volatile organic compounds, including MTBE
- Lead, and arsenic
- Secondary recommendations for levels owner may consider filtering
- pH. Recommend pH greater five (5.0)
- Sodium. Twenty (20) parts per million
- Iron. Three tenths (0.3) parts per million
- 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 a D.E.P. certified laboratory at the owner’s expense. Or may require additional testing.
III. WATER SYSTEMS
- There shall be a separate water system for each dwelling, and it shall not be installed or materially altered hereafter until a permit has been issued by the Board of Health. The Board will require a description of the installation with each application for such permit. Emergency work for repairs or services of existing equipment not amounting to a substantial renovation or overhaul may be done without a permit.
- The water pipe from the house to the well pit or pitless adapter and all wiring therefor shall be properly enclosed by a pipe or copper tubing, to lighter than Type L or otherwise equal.
- All pumps, motors and tanks shall be placed on a suitable foundation, and all equipment and parts of the system that may require adjustments or services shall be made readily accessible.
- All pump house, pump or pipe pits and wells shall be designed and constructed so as to prevent flooding and otherwise to prevent the entrance of pollutants or contaminants.
- The Board of Health shall require the installation of all necessary switches, controls and devices, and the satisfactory performance of a pressure and operating test of the system will deliver adequate pressure and volume consistent with the well and the well requirements. The Board of Health must be given reasonable notice of when the installation is ready for inspection.
- No certificate of occupancy shall be issued until all the provisions of these regulations have been met. The required inspection and these regulations can not be construed as a guarantee by the Town of Rutland, or its agents, that the water system will function satisfactorily.
IV. WELL DESTRUCTION (OR ABANDONMENT)
- Prior to the destruction or abandonment of any, a well destruction permit must be obtained by the owner or his agent from the Board of Health. The Board of Health will require a site plan showing the well location, including the assessor’s lot and plan number, and street address for the property on which the well is located, prior to the issuance of a well destruction permit.
- Any destroyed or abandoned well shall be filled and sealed with clean puddle clay, neat cement grout, or concrete grout in such a manner as to prevent it from acting as channel for pollution into the groundwater.
- Within thirty (30) days after completion of destruction or abandonment of any private well, the well owner or well driller acting as agent for the well owner shall submit to the Board of Health a report containing the following:
- The name of the owner of the well;
- The geographic location of the well;
- Any preliminary cleaning or redrilling;
- Types, depths, and materials of seals used.
V. THE BOH RECOMMENDS
The owner of any potable well have the well’s water tested at a minimum of once every three years. Where water quality problems are known or suspected to exist, or a the transfer of title, the Board of Health may require more frequent testing, or testing for additional parameters.
Results 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.
In cases where the well water quality does not meet the water quality standards the Board of Health may require the property owner to provide an alternative source of drinking water to the tenants.
VI. UNCONSTITUTIONALITY CLAUSE:
A. So far as the Board of Health may provide, each section of these rules and regulations shall be construed as separate to the end that if any section, item, sentence clause or phrase shall be held invalid for any reason, the remainder of these rules and regulations shall continue in full force and effect.
The Following water analysis was conducted in accordance with State and Federal guidelines by MA D.E.P. Certified Laboratory #_______ Fecal and Coliform Bacteria, Nitrate and Nitrites, Arsenic, Lead, Volatile Organics and Radon have been tested and found to be in compliance with potable water and Drinking Water Standards as of this date of analysis.
Laboratory Director______________________ _______________________
Signature Printed Name
Well Permit No.________________________________________
Sample Taken By_______________________________________
Chain of Custody______________________________________________________
STATE CERTIFIED LABS
31A WILLOW RD
AYER MA 01432
61 LOUISAVIENS DRIVE
9 STADLER STREET
PO BOX 1192
BELCHERTOWN, MA 01007