Sewer Use Regulation

Article II.  Regulation of Sewer

Section 1.  Existing Structures

Any structure in existence on July 1, 2016, regardless of its flow, may maintain that flow.  No person shall modify an existing structure or change its use so as to increase its wastewater flow.  Design criteria contained in 310 CMR 15.203, and any Board of Health Regulation modifying such, shall be used to determine whether a proposed modification or change in use shall constitute an increase in wastewater flow.   Expansion or modification of existing structures, which may result in increased flow, shall not be allowed unless the increase is in compliance with the Board of Health’s Regulations in effect on July 1, 2016.

Section 2.  Determination of Present Wastewater Flow

Wastewater flow to the municipal sewer shall be determined using provisions set forth in 310 CMR 15.203: System Sewage Flow Design Criteria, and any local Board of Health Regulation modifying such in effect on July 1, 2016.  The owner of any property shall, upon reasonable notice and request, allow an inspection of a property for a determination of flow by an agent of the Board of Health, except that in lieu of this inspection, the owner of the property may submit a floor plan with sufficient detail to account for all outside structure dimensions.  This floor plan must bear the signature of approval of a Certified Septic System Inspector.

Section 3.  Undeveloped Parcels

For the purpose of determining wastewater flow, any existing lot, otherwise qualified, may be permitted for that wastewater flow as determined under the Board of Health’s Regulations in effect on July 1, 2016, or 310 CMR 15,000 et. Seq, whichever is less. 

Section 4.  Rebuilding because of fire, flood, storm or other acts of nature

A property owner may rebuild a structure destroyed by fire, flood, storm or other acts of nature as a matter of right provided that the new structure does not exceed the wastewater flow of the structure being replaced.

Section 5.  Variances

In the case of unusual and substantial hardship, not the result of acts or omissions of the landowner, the Board of Wastewater Commissioners, after a public hearing of which notice has been given by publication and posting for a minimum of two weeks, may grant a variance to this part of the regulation, provided that sufficient capacity exists and such relief may be granted without substantially derogating from the intent or purpose of this regulation or the latest version of the Town of Harwich Comprehensive Wastewater Management Plan (CWMP).