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Health Regulation Changes / Title 5 Amendments

New Proposed Environmental Code Changes & Other Approved Regulation Changes
Posted on: November 3, 2022 - 8:26am
Septic Tank

MassDEP Proposed Amendments to 310 CMR 15.000: Title 5 of the State Environmental Code and New Regulations 314 CMR 21.00

Comment period has been extended until January 30, 2023 and MassDEP will be hosting two additional Public Hearings:

Remote Only, January 24, 2023 at 6:00 p.m. Register at: 

https://us06web.zoom.us/webinar/register/WN_veLVS545RCqGZhI6tuN2rQ

Remote Only, January 25, 2023 at 6:00 p.m. Register at:

https://us06web.zoom.us/webinar/register/WN_Is2pAS_cR_uXvNhhs5r3oQ

Oral comments will be received at the above public hearings in January 2023 and written comments can be submitted via email to dep.talks@mass.gov.  Please put “Title 5 and Watershed Permitting” in the subject line. Written comments may also be submitted by mail and should be sent to MassDEP, Bureau of Water Resources – Division of Watershed Management, 100 Cambridge Street, suite 900, Boston, MA 02114, Attention: Title 5 & Watershed Permit. 

MassDEP also intends to hold two additional information sessions on: January 17, 2023 at 6:00 p.m. (remote) and January 18, 2023 at 6:00 p.m. (hybrid). More information about how to participate in these sessions will be provided on MassDEP’s website.

The Massachusetts Department of Environmental Protection (MassDEP) is proposing to amend the Title 5 regulations, 310 CMR 15.000, to enhance protection of embayments and estuaries—particularly on Cape Cod, the Islands and Southeastern Massachusetts—from nitrogen pollution originating primarily from wastewater. The proposed amendments will add nitrogen reduction provisions within natural resource areas for Title 5 systems. MassDEP is also proposing new related regulations at 314 CMR 21.00 to provide a voluntary watershed permitting approach to control nitrogen and other pollutants from entering the embayments and estuaries.

The draft regulations will be published on the MassDEP website at: https://www.mass.gov/service-details/massdep-public-hearings-comment-opportunities. Public hearings will be held under the provisions of M.G.L Chapter 30A on November 30, 2022 at 6:00 pm, December 1, 2022 at 1:00 pm, and December 5, 2022 at 6:00 pm. In addition MassDEP is planning on conducting two public information sessions. More details about the public hearings and public information sessions can be found on the MassDEP website. 

If you have any questions or would like to request a copy of the proposed amendments, please contact Marybeth Chubb by email at marybeth.chubb@mass.gov.
 

2022-11-17_final_alternatives_analysis.pdf (townofbourne.com) <Town of Bourne CWMP Alternatives Analysis

bourne_water_shed_map_-_may_27_2021.pdf (townofbourne.com) <Town of Bourne Watershed Map

https://mass-eoeea.maps.arcgis.com/apps/webappviewer/index.html?id=96035fe034044e2596b49168b0e35d8e < Nitrogen Sensitive Areas Address Lookup
 

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The Bourne Board of Health held an in-person public meeting on the proposed regulations on Monday, December 12, 2022 at 6:00 pm. This meeting was televised by Bourne Community TV and can be viewed on their web page via this link.

MassDEP will be holding two online information webinar sessions on the proposed draft amendments to Title 5 and the draft Watershed Permit Regulations. MassDEP will provide an overview of the proposed amendments and regulations and will take questions from participants during the webinar. MassDEP intends to have staff who speak Spanish and Portuguese available for questions in those languages.

  • The first session will be held: Tuesday, November 15th from 6:00 pm – 8:00 pm.
  • The second session will be held: Wednesday, November 16th from 12:00 pm – 2:00 pm

The information and links to register for each of the online webinar sessions can be found on the Title 5 Regulation page under Proposed Amendments and on the Proposed Watershed Regulation page:

310 CMR 15.000: Septic Systems ("Title 5") | Mass.gov

314 CMR 21.00: Watershed Permit Regulations | Mass.gov

  • December 12, 2022 at 6:00 p.m. Bourne Board of Health meeting on proposed regulations

Old Public Hearings and Public Comment Period

MassDEP has conducted three public hearings:

Public Hearing Notice: English | Español

 

Approved MassDPH Housing Code Amendments

Updated Housing Code Regulations with changes and revisions to 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II), were approved by the Public Health Council on October 12, 2022 and which will go into effect in April 2023. Housing Code effective April 2023 | Mass.gov

 

Summary of Approved Amendments to Local Bourne Board of Health Subsurface Sewage Disposal System Regulations

In accordance with M.G.L. Chapter 11, §31 and 310 CMR 11.02, the Bourne Board of Health held two public hearings on 8/10/22 & 9/14/22 to discuss amendments to their existing sewage disposal system regulations, and voted to enact the following:

The Bedroom Definition Regulation from 1992 was amended to add a minimum floor space dimension of 70ft2 and egress door size from the 9th Edition of the MA State Building Code and Chapter II of the State Sanitary Code. Any room located on another level of a dwelling or structure, which is accessible solely by a staircase within and/or outside of the structure is also a bedroom.

Rooms with 6 foot* entranceways and/or rooms consisting of three (3) walls and 1/2 wall not exceeding 42" in height shall NOT be considered a bedroom. *For approvals prior to the effective date of these regulations, a 4 foot cased opening may be considered adequate. Floor plans shall be provided for all Board of Health permits including building permits or renewals.

The Adverse Impact Regulation was updated for a date reference for the bedroom definition only. The Conversion/ Addition Regulation was amended to add […comply with Title 5 “and Bourne Board of Health Regulations”…]. The Permit Validity Regulation was amended to add […may be renewed for one consecutive year as long as no “MassDEP” or Board of Health regulations concerning sewage disposal systems…]. The Variances Regulation was changed to specify variances being valid for two years from approval provided that a septic permit has been issued within the first year. Variances may be valid for a lesser time if so voted by the Board of Health.

All changes shall be in effect as of September 21, 2022

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PDF icon Local BOH Public Meeting Flyer144.12 KB