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HomeMy WebLinkAboutComplaints - 143 LACY STREET 6/15/2011 G) ° CD n in w a-------- _ _ o ------ua a v n v o a . N y V --- -..CD y, ro c CD OR o e o v p °c % 0 `mac v p a C ``� iro '•� � Q. ro o ;� 00N 'cl CD w C) . m ro y w CJq r m G. w ti 0 o a it p, ro G w a o n ro ro — N y " aG y ° a p W" G. ti cr CD > a (IQ O b7 _p, ° M Ci '3•' O a� 0 a rn ° N o �lj o Gtr.(70 o 000 o ti as R' o a a r a CD qQ CO o cr 0. rn w A. Ch G. •� C a.ro @ � o Orr o 0 so c a n a n ° w °g ro b7 o 0 � ry ° ro 0 @ w C CL a m � @. � �. � °c as �• N o � �• Cs• '�' �k °c, O @ ° ro o w ro p ° ° 6 Cn Z a N a a 0 °c ro g w o n C cro ° w w C,, 0 ti r+ (? fD rt { a ry ro po .. 0 O w G1 o w y Y O G N ro > b' p C tla �' r O lfi='J 41 a 0 y ° ° 0 �, (b a w ro r ro � v U'a � ro '�• to v5 S � M ',. 0 w N O o y (D y P CD � a y "• � a' TJ �} p' CD W .may. �' N C O (D O i ° p O ti y UQ d G w x a r" ❑ «a' b ti d w in O C o .:' w 0 N ('� pr VC a' CD -t CD Cn y C w 0 Cl CD p a o N y 9 7" N� 00 ? S M r--] O.O O s cn b — w N 10 n Z cn x w 5 d .o, tz eD O o 7v a; tell O o CD cr• o � d � y -we � � O a w � a A � "'3 d y y ° eD AD o C m ry tl4 O b o w w O CD a C D a w 0 ° C. � fy A ro c allehiaie, Pamela From: Sawyer, Susan .., Sent: Friday, June 10, 2011 11:07 AM To: DelleChiaie, Pamela Subject: O'Mahoney Stephanie requests we send the complaint information regarding the well issue when you get it inputted. For her files. S Stephanie OMahony somahon electric ahoo.com Stmau Sawyu 160U Uogaad Stud 313e4 20,cunt 2.36 .Nakd andaaet,Ata 01845 office 978 688-9540 fax 978 688.8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [ htt : www.sec.state.ma.us re reidx.htm ]Massachusetts Public Records Law. Please note the Massachusetts secretary of State's office has determined that most emails to and from municipal offices and officials are public records.f=or more information please refer to:httra://www,sec.state,ma,us/ore/preidx.htni. Please consider the environment before printing this email. 1 elleChiaie, Pamela From: Sawyer, Susan Seat: Friday, June 10, 2011 11:07 AM To: OelleChiaie, Pamela Subject: FW: well abandonment Attachments: well regs adopted 3.02 altered 6.24.04.doc This is what I sent her. FYI From: Sawyer, Susan Sent: Thursday, June 09, 2011 12:05 PM To: 'Stephanie OMahony' Subject: well abandonment Hello Stephanie, As I mentioned at the site visit to your property today, I am sending you the local regulations regarding wells in North Andover. See section 6 for proper abandonment of wells. Along with Mr. Brown, I observed the location where the old dug well was sited, and it appears compacted. You stated your husband's filling procedures that lie took. Noting the filling from the bottom up with loose gravel and then mixed with sand to complete compaction. This method is the preferred method. Large boulders should not be used as they may cause problems in the future. Filling the well with materials near the site would be fine with the Health Dept. When you have completed the second well abandonment, please let us know so we can document it in your file here in our office. Thankyou Susan Stet x* J uffw 3teadd Oh"tai 16ee Vagaad Shed JIM4 20,ura 2-36 Na k&(bula w,✓I(a e1845 dice 978 6$5-954e fax 978 688-8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the htt : www.sec.state.ma.us re reidx.htm ]Massachusetts Public Records Law. Please note the Massachusetts Secretary of State's office has determined that most ernails to and from municipal offices and officials are public records.For more information please refer to:tth :/p /www,!.sec.state.naa.usr�fp.reidx.htm. Please consider the environment before printing this email 1 TOWN OF NORTH ANDOVER BOARD OF HEALTH WELL REGULATIONS The Board of Health of the town of North Andover, Massachusetts acting under Chapter 111, Section 31 of the Massachusetts General Laws, as amended and with reference to Chapter 40, Section 54 of said General Laws has, in the interest of and for the protection of public health and the environment, established and adopted the following rules and regulations : Section 1. DEFINITIONS 1. 1 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 water in the town of North Andover. This includes irrigation wells. 1 .2 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, filtration, treatment or purification of water for any use whether or not located inside of a building. 1 . 3 The words "well contractor" as used in these regulations, shall mean any person, association, partnership, company or corporation that installs, constructs or repairs a water system associated with a well . 1.4 The words "non-essential well" as used in these regulations refers to all wells that are not the sole source of potable drinking water for a site, whether residential or commercial. Section 2 . PERMITS 2 . 1 No well shall be constructed until a well permit has been issued by the Board of Health. Such a permit shall be applied for by a well contractor registered with the town of North Andover. A fee will be charged as found in the current North Andover Board of Health fee schedule . 2 . 3 Appropriate wiring and plumbing permits shall be applied for and issued by the Building Department prior to well construction. 2 .4 No building permit shall be issued for the construction of a building which necessitates the use of water therein for 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. 2 . 5 A well form shall be issued along with the well permit to be filled out by the well and pump contractor. Such a form must be filled out accurately and copies kept on file at the Board of Health upon its completion. Forms received which are not representative may be cause for the revocation of the contractor' s registration. 2 . 6 Major renovation or repair of existing wells and/or water systems must be approved by the Board of Health. 2 . 7 A permit for the construction of a well shall not be issued for any property located within the Lake Cochichewick Watershed that currently has reasonable access to the town water system. The watershed boundaries are as found within section 4 . 136 of the North Andover Zoning Regulations, "Watershed Protection District" . 2 . 8 The Board of Health may deny an application for a non- essential well when it is in the interest of public health to do so, as in times of drought. Section 3 . WELL SITING 3 . 1 The location of a well must be within the boundaries of the lot in which it will be in service. 3 .2 There shall be a separate well for each building. It shall be constructed up-gradient from all sources of potential contamination and must be located at distances which are to be equal to or in excess of the following; 1) 100 feet from any septic leach field or existing underground storage tanks 2) 75 feet from any septic tank 3) 50 feet laterally from the normal high mark of any water source 4) a minimum setback of 25 feet from all streets, lot lines and driving surfaces. 5) 20 feet from existing building sewers, and underground swimming pools 3 .4 The well shall not be placed within a defined wetland or in an area of consistent flooding. Any proposed well located within 100' of a wetland is subject to regulation by the Wetlands Protection Act. The BOH shall receive a copy of written approval from the North Andover Conservation Commission prior to the issuance of a well permit in these cases . Section 4 . CONSTRUCTION REQUIREMENTS 4 . 1 The well contractor shall observe reasonable sanitary measures and precautions in the performance of his work in order to prevent the pollution of contamination of the well. 4 . 2 Newly constructed wells or wells where repair work has been done shall be thoroughly disinfected before being put into use. 4 . 3 Every well shall supply adequate water for the purpose for which it is intended and shall give satisfactory evidence of continuing capability to do so. 4 .4 Before being approved, every well shall be pump tested by the well contractor (4 hr pump test) . The results of the pump test shall be submitted on the well form issued by the Board of Health. A well shall exceed the following flow rates, or it shall be considered inadequate for a single family dwelling. Well Depth Gallons per Minute for Four Hours 0 - 150 5 - 6 150 - 200 4 200 - 250 2 - 3 250 - 300 1 -2 350 and over 1/2 4 . 5 There shall be a single and separate water system for each dwelling and it shall not be installed or materially altered until the Board of Health is notified. The Board will require a description of the installation or repair to be conducted. Emergency work for repairs or service of existing equipment not amounting to a substantial renovation or overhaul may be done without notification. Appropriate inspections by wiring or plumbing inspectors will be required before final Board of Health approval. 4 . 6 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 service shall be made readily accessible. 4 . 7 All pump houses, 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 . 4 . 8 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 before final approval; the test must demonstrate that 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. 4 . 9 No certificate of occupancy shall be issued until all the provisions of these regulations have been met. The inspections and these regulations cannot be construed as a guarantee by the town of North Andover or its agents that the water system will function satisfactorily. Section 5 . WATER QUALITY 5 . 1 In cases of new construction, the Board of Health shall require the submission of a water analysis report . The report shall include bacterial and chemical evaluations conducted by a laboratory approved by the Board of Health or the Massachusetts Department of Public Health. Laboratories conducting testing must supply a copy of Massachusetts certification as verification that it holds current certification for all types of analysis done on water samples . The submission of a chemical analysis to the Board of Health is required before issuance of a building permit. The bacterial analysis must be conducted after the water system is completely installed. A report must be submitted before the Board of Health will issue final approval. The following minimal parameters must be included in the water analysis . total coliform alkalinity arsenic calcium chloride * indicates Primary Contaminants color copper hardness iron lead magnesium manganese nitrogen (ammonia) nitrogen (nitrite) odor pH * potassium sediment sodium sulfate turbidity total dissolved solids Additional information shall be required if the well is in an area of agricultural use or within 500-1000 feet of utility rights-of- way 5 .2 All primary contaminants shall meet EPA standards . Based on the results of the water analysis reports, the Board of Health may require additional treatment of a water supply. Section 6 . PERMANENT OR TEMPORARY WELL ABANDONMENT 6 . 1 All permanently abandoned wells shall be tightly sealed by approved methods to prevent pollution of the ground water. Prior to plugging, the well shall be checked for debris that may interfere with the process . If the integrity of the original well seal is in doubt, the casing shall be removed or perforated. In addition all pumping equipment and associated plumbing shall be disconnected and removed. 6 . 2 When a well is not abandoned, but is out of use for an extended period of time, it shall be the owner' s responsibility to properly maintain the well and to prevent the development of defects which may facilitate the impairment of water quality in the well or in the water bearing formations penetrated by the well . Until a well is permanently abandoned by plugging procedures, all provisions for protection of the water from contamination and for maintaining sanitary conditions around the well shall be carried out to the same extent as though the well were in routine use. 6 . 3 To temporarily abandon a well, the top of the well casing shall be sealed with a watertight threaded cap or with a steel plate welded watertight to the top of the casing. If the top of well seal is watertight, the pump may be left in place . A well that has, after extended use, been temporarily abandoned for three (3) years shall be considered permanently abandoned, and shall be appropriately plugged. Section 7 . PENALTIES 7 . 1 Any person who shall violate any provisions of these regulations for which a penalty is not otherwise provided in any of the General Laws or Sanitary Code shall upon conviction be fined not less than fifty nor more than five hundred dollars . Section 8 . UNCONSTITUTIONALITY CLAUSE 8 . 1 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 effect . Gayton Osgood, Chairman Dr. Francis P. MacMillan Dr. John Rizza, Clerk Published N.A. Citizen, February 9, 1984 Rev. 9/90 Rev. 8/93 Rev. 1/02 DelleChiaie, Pamela From: Sawyer, Susan Sent: Thursday, June 09, 2011 12:20 PM To: DelleChiaie, Pamela Subject: FW: wells Bottom to top;this is the complaint from Stacey Birch. Please document it,and my response when you have time. thx -----Original Message----- From: Sawyer,Susan Sent:Thursday,June 09,201112:18 PM To: 'staceybirchl960 @ gmail.com' Subject:wells Stacey, At 11:00 AM today,Mr.Brown and I went to the site and met with the owner. Using a 2005 plan by Neve Morin,we were able to identify the known existing wells on the property. Location of the old shallow well was observed.Appeared filled and compacted at this time.No immediate concerns identified.Proper abandonment procedures were discussed for any future abandonments. Susan Sawyer -----Original Message----- From: Sawyer, Susan Sent:Wednesday,June 08,20114:08 PM To: 'staceybirchl960 @gmail.com' Subject:RE: Stacey, I have spoken to the O'Mahoney's regarding the photo and the concern. I will be visiting their property tomorrow or Friday to verify the location that the old well was in for information the health file.Old unknown wells on farms are very common and could be dangerous for the land owners. Filling to prevent a sink hole is the general protocol.I believe you noted that your home is serviced by a drilled well at an unknown depth and is secured by an impervious casing. Dug wells are generally at an upper level of the water table(@ 50-80 feet)and drilled ones are deep into the granite bedrock over 300 feet. The State of MA and the town do not have any regulation that require homeowners to test private wells,but we would recommend that you have your well tested annually for bacteria and other contaminants,as suggested by the water testing companies.Keeping a record of your private testing is a good way to ensure that the water you are drinking is potable. I will send you any other findings after my site visit. Susan Susan Sawyer ITealth Director 1600 Osgood Street North Andover,MA 01845 -----Original Message.-- Fromtacc„yl�iaMc.l�l)�i il.coin �rr} a.ltctac c}!} irclrl9Cf)(a �n-kil.c:okx � Sent:Tuesday,June 07,20119:07 AM To:Sawyer,Susan Subject: Susan, The O'Mahoney's are dumping all kinds of junk down into an old well and we are afraid that It will harm our grown water and other around here. Could you please check it out and get back to me. Thank you Stacey Hughes Sent via BlackBerry by AT&T Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to:litlp://"i\v\v.see.state.ma,us/_)rc/prcjdx,htm. Please consider the environment before printing this email. 2 DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, June 10, 2011 11:08 AM To: DelleChiaie, Pamela Subject: FW: wells This is what I sent Ms.Birch Sorry if I already sent you this.Couldn't remember -----Original Message----- From: Sawyer, Susan Sent:Thursday,June 09,201112:18 PM To: 'staceybirch1960 @ gmail.com' Subject:wells Stacey, At 11:00 AM today,Mr.Brown and I went to the site and met with the owner.Using a 2005 plan by Neve Morin,we were able to identify the known existing wells on the property. Location of the old shallow well was observed.Appeared filled and compacted at this time.No immediate concerns identified.Proper abandonment procedures were discussed for any future abandonments. Susan Sawyer -----Original Message----- From: Sawyer, Susan Sent:Wednesday,June 08,20114:08 PM To: 'staceybirch1960 @gmail.com' Subject:RE: Stacey, I have spoken to the O'Mahoney's regarding the photo and the concern.I will be visiting their property tomorrow or Friday to verify the location that the old well was in for information the health file. Old unknown wells on farms are very common and could be dangerous for the land owners.Filling to prevent a sink hole is the general protocol.I believe you noted that your home is serviced by a drilled well at an unknown depth and is secured by an impervious casing. Dug wells are generally at an upper level of the water table(@ 50-80 feet)and drilled ones are deep into the granite bedrock over 300 feet. The State of MA and the town do not have any regulation that require homeowners to test private wells,but we would recommend that you have your well tested annually for bacteria and other contaminants,as suggested by the water testing companies.Keeping a record of your private testing is a good way to ensure that the water you are drinking is potable. I will send you any other findings after my site visit. Susan Susan Sawyer Health Director 1600 Osgood Street i North An.dcver,MA 01845 -----Original Message----- From: Maceyl�irchl9 ()C?g111ail..com 1al lto t c yl i c k�14 C�1)( ;7t ii.(.coz x Sent:Tuesday,June 07,20119:07 AM To: Sawyer,Susan Subject: Susan, The O'Mahoney's are dumping all kinds of junk down into an old well and we are afraid that It will harm our grown water and other around here. Could you please check it out and get back to me. Thank you Stacey Hughes Sent via BlackBerry by AT&T Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: 1i_Ttt-:/1 /ww\v.sec.st:ate ma.us/)17 /prcidx.btm. Please consider the environment before printing this email. 2 IleChiaie, Pamela From: Sawyer, Susan Sent: Thursday, June 09, 2011 12:06 PM To: DelleChiaie, Pamela Cc: Grant, Michele; Rillahan, Deb Subject: FW: well abandonment Attachments: well regs adopted 3.02 altered 6.24.04.doc Just FYI From: Sawyer, Susan Sent: Thursday, June 09, 2011 12:05 PM To: 'Stephanie OMahony' Subject: well abandonment Hello Stephanie, As I mentioned at the site visit to your property today, I am sending you the local regulations regarding wells in North Andover. See section 6 for proper abandonment of wells. Along with Mr. Brown, I observed the location where the old dug well was sited, and it appears compacted. You stated your husband's filling procedures that he took. Noting the filling from the bottom up with loose gravel and then mixed with sand to complete compaction, This method is the preferred method. Large boulders should riot be used as they may cause problems in the future. Filling the well with materials near the site would be fine with the Health Dept. When you have cornpleted the second well abandonment, please let us know so we can document it in your file here in our office. Thank you Susan Stmatt Sawyu 'Gee Vd Stwxt J3tdg.2e, 2-36 Nodh an4ov",✓ita e1845 ofke 978 688.954e fax 978 688-8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [ htt : wrwosec.state.riia.us rhreidx.htrim ]Massachusetts Public Records Law. Please note the Massachusetts Secretary of State's,office has determined that most earnails to and from municipal offices and officials aro p lAblic records.For more information please;refer to:httpLtOw w.sec.slate.ma.usj?ret�aregtlx,hhn, Please consider the environment before;printing this email. 1 TOWN OF NORTH ANDOVER BOARD OF HEALTH WELL REGULATIONS The Board of Health of the town of North Andover, Massachusetts acting under Chapter 111, Section 31 of the Massachusetts General Laws, as amended and with reference to Chapter 40, Section 54 of said General Laws has, in the interest of and for the protection of public health and the environment, established and adopted the following rules and regulations : Section 1 . DEFINITIONS 1 . 1 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 water in the town of North Andover. This includes irrigation wells . 1. 2 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, filtration, treatment or purification of water for any use whether or not located inside of a building. 1 . 3 The words "well contractor" as used in these regulations, shall mean any person, association, partnership, company or corporation that installs, constructs or repairs a water system associated with a well . 1 .4 The words "non-essential well" as used in these regulations refers to all wells that are not the sole source of potable drinking water for a site, whether residential or commercial . Section 2 . PERMITS 2 . 1 No well shall be constructed until a well permit has been issued by the Board of Health. Such a permit shall be applied for by a well contractor registered with the town of North Andover. A fee will be charged as found in the current North Andover Board of Health fee schedule. 2 .3 Appropriate wiring and plumbing permits shall be applied for and issued by the Building Department prior to well construction. 2 .4 No building permit shall be issued for the construction of a building which necessitates the use of water therein for 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. 2 . 5 A well form shall be issued along with the well permit to be filled out by the well and pump contractor. Such a form must be filled out accurately and copies kept on file at the Board of Health upon its completion. Forms received which are not representative may be cause for the revocation of the contractor' s registration. 2 . 6 Major renovation or repair of existing wells and/or water systems must be approved by the Board of Health. 2 . 7 A permit for the construction of a well shall not be issued for any property located within the Lake Cochichewick Watershed that currently has reasonable access to the town water system. The watershed boundaries are as found within section 4 . 136 of the North Andover Zoning Regulations, "Watershed Protection District" . 2 . 8 The Board of Health may deny an application for a non- essential well when it is in the interest of public health to do so, as in times of drought. Section 3 . WELL SITING 3 . 1 The location of a well must be within the boundaries of the lot in which it will be in service. 3 .2 There shall be a separate well for each building. It shall be constructed up-gradient from all sources of potential contamination and must be located at distances which are to be equal to or in excess of the following; 1) 100 feet from any septic leach field or existing underground storage tanks 2) 75 feet from any septic tank 3) 50 feet laterally from the normal high mark of any water source 4) a minimum setback of 25 feet from all streets, lot lines and driving surfaces. 5) 20 feet from existing building sewers, and underground swimming pools 3 .4 The well shall not be placed within a defined wetland or in an area of consistent flooding. Any proposed well located within 100' of a wetland is subject to regulation by the Wetlands Protection Act. The BOH shall receive a copy of written approval from the North Andover Conservation Commission prior to the issuance of a well permit in these cases . Section 4 . CONSTRUCTION REQUIREMENTS 4 . 1 The well contractor shall observe reasonable sanitary measures and precautions in the performance of his work in order to prevent the pollution of contamination of the well. 4 . 2 Newly constructed wells or wells where repair work has been done shall be thoroughly disinfected before being put into use. 4 .3 Every well shall supply adequate water for the purpose for which it is intended and shall give satisfactory evidence of continuing capability to do so. 4 .4 Before being approved, every well shall be pump tested by the well contractor (4 hr pump test) . The results of the pump test shall be submitted on the well form issued by the Board of Health. A well shall exceed the following flow rates, or it shall be considered inadequate for a single family dwelling. Well Depth Gallons per Minute for Four Hours 0 - 150 5 - 6 150 - 200 4 200 - 250 2 - 3 250 - 300 1 -2 350 and over 1/2 4 . 5 There shall be a single and separate water system for each dwelling and it shall not be installed or materially altered until the Board of Health is notified. The Board will require a description of the installation or repair to be conducted. Emergency work for repairs or service of existing equipment not amounting to a substantial renovation or overhaul may be done without notification. Appropriate inspections by wiring or plumbing inspectors will be required before final Board of Health approval . 4 . 6 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 service shall be made readily accessible. 4 . 7 All pump houses, 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 . 4 . 8 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 before final approval; the test must demonstrate that 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. 4 . 9 No certificate of occupancy shall be issued until all the provisions of these regulations have been met. The inspections and these regulations cannot be construed as a guarantee by the town of North Andover or its agents that the water system will function satisfactorily. Section S . WATER QUALITY 5 . 1 In cases of new construction, the Board of Health shall require the submission of a water analysis report. The report shall include bacterial and chemical evaluations conducted by a laboratory approved by the Board of Health or the Massachusetts Department of Public Health. Laboratories conducting testing must supply a copy of Massachusetts certification as verification that it holds current certification for all types of analysis done on water samples . The submission of a chemical analysis to the Board of Health is required before issuance of a building permit. The bacterial analysis must be conducted after the water system is completely installed. A report must be submitted before the Board of Health will issue final approval. The following minimal parameters must be included in the water analysis. total coliform alkalinity arsenic calcium chloride * indicates Primary Contaminants color copper hardness iron lead magnesium manganese nitrogen (ammonia) nitrogen (nitrite) * odor PH * potassium sediment sodium sulfate turbidity total dissolved solids Additional information shall be required if the well is in an area of agricultural use or within 500-1000 feet of utility rights-of- way 5 .2 All primary contaminants shall meet EPA standards . Based on the results of the water analysis reports, the Board of Health may require additional treatment of a water supply. Section 6 . PERMANENT OR TEMPORARY WELL ABANDONMENT 6 . 1 All permanently abandoned wells shall be tightly sealed by approved methods to prevent pollution of the ground water. Prior to plugging, the well shall be checked for debris that may interfere with the process. If the integrity of the original well seal is in doubt, the casing shall be removed or perforated. In addition all pumping equipment and associated plumbing shall be disconnected and removed. 6 . 2 When a well is not abandoned, but is out of use for an extended period of time, it shall be the owner' s responsibility to properly maintain the well and to prevent the development of defects which may facilitate the impairment of water quality in the well or in the water bearing formations penetrated by the well . Until a well is permanently abandoned by plugging procedures, all provisions for protection of the water from contamination and for maintaining sanitary conditions around the well shall be carried out to the same extent as though the well were in routine use. 6 . 3 To temporarily abandon a well, the top of the well casing shall be sealed with a watertight threaded cap or with a steel plate welded watertight to the top of the casing. If the top of well seal is watertight, the pump may be left in place . A well that has, after extended use, been temporarily abandoned for three (3) years shall be considered permanently abandoned, and shall be appropriately plugged. Section 7 . PENALTIES 7 . 1 Any person who shall violate any provisions of these regulations for which a penalty is not otherwise provided in any of the General Laws or Sanitary Code shall upon conviction be fined not less than fifty nor more than five hundred dollars. Section 8 . UNCONSTITUTIONALITY CLAUSE 8 . 1 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 effect. Gayton Osgood, Chairman Dr. Francis P. MacMillan Dr. John Rizza, Clerk Published N.A. Citizen, February 9, 1984 Rev. 9/90 Rev. 8/93 Rev. 1/02