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HomeMy WebLinkAbout2012-05-22 Board of Selectmen PacketHechenbleikner, Peter From: Feudo, John Sent: Thursday, May 17, 2012 12:43 PM To: Hechenbleikner, Peter Cc: Knight, Maureen Subject: Amp Sound Permit Hi Peter, Page 1 of 1 Please let the BOS know that Recreation committee has approved an amplified sound permit for Nancy Rafuse for the purpose of a movie night for graduating 5th graders at Memorial Park on 6/1/12 with a rain -date of 6/2/12 from 8 PM — 10 PM. They expect a crowd of 30 —40 people. I will meet with this group specifically to make sure they do a sound test. This permit is subject to them successfully securing a Civic Function permit for the event. That has been submitted and awaits circulation. Please let me know if you have any questions. John John A. Feudo Recreation Administrator Town of Reading Office: 781-942-9075 Fax: 781-942-5441 jf..eudo@ci. read in.g.._.. ma. u...s. V'Vebsite: www.readi'ngma gov /recreation_ Please note new Town Full Hours effentiVe .pane 7, 2010 :M riday, Wednesday and Thursday: 7:30 a, n - 5 :30 .m,Tuesday: 7 :30 a.rn. - 7:00 p.rn, Friday: CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readingma- suryey .v_irtualtownhali. net /surv_ev /sid /ccc2fO35993bd3cO/ 5/17/2012 1 G1 READING PoucE DEPARTMENT TI-MA OFFICE OF CHiEF IS Union Swe°et:, 1Zea i - SMassachugea 61,867 .hzmeo IF Cormier Emergency On y: 911 All Other C-As; 78I- 344 -1212 Fwc 781- 944 -2893 Clatef of Polies MEMORANDUM May 16, 2012 To: Peter Hechenbleikner, Town Manager From: Chief James W. Cormier Re: Construction parking in Brande Court parking lot Pete, In September 2011 we met with the Board of Selectmen and they had approved short term use of the Brande Court parking lot by the construction workers on the Oaktree development. I assured the Board at the time that I would only make this allocation of space if the company's leased spots on High Street were being used regularly and they absolutely needed the spaces. Up until this time the necessity was not present, but it is an apparent need now. Oaktree is approaching the end of their construction and needs space inside their fenced site for siding and balconies. They are using their 10 leased spots on High St. and are unable to use the underground parking as it is currently not up to all applicable code regulations. I am approving 10 "blue zone" permits to be used in the Brande Court lot for Oaktree contractors. They are requesting this parking ability for two months. If you have any further questions please feel free to contact me. j GZ Building More Active Communities: What you can do as a policymaker Presented by Walkable Communities expert Mark Fenton Monday, June 4th, 2012 Light breakfast and coffee beginning at 7:15am. Presentation 7:30am - 8:45am. America) Civic Center (Heritage Room, 1st Floor), 465 -467 Main Street, Wakefield, MA, 01880 Mark Fenton is a national public health, planning, and transportation consultant, former host of the "America's Walking" series on PBS, and an adjunct associate professor at the Friedman School of Nutrition Science and Policy at Tufts University. He's the author of several books including the "Complete Guide to Walking for Health, Weight Loss, and Fitness" (Lyons Press, 2008) and "Pedometer Walking" (2006). RSVP to Kara Showers by May 30, 2012: kshowers @cityofineirose.ore or 781 - 979 -4123 l lvI IQ a IMhani e C0171merce Is 11 � G3 TRACKING OF LEGAL SERVICES - FY 2012 September bill includes for TLT litigation to be paid by schools October bill includes $3364 for TLT litigation to be paid by schools November Bill includes $2653 for TILT to be paid by schools December bill includes $3605.25 for TLT to be paid by Schools January billincludes $1039 exp and $2,943 hours for TLT to be paid by schools February bill includes $2,537.50 for TLT to be paid by schools March bill included $10,599 for TLT litigation to be paid by Schools April bill - separate bill for TLT litigatin to be paid by schools t c 4 Hours Month Monthly Monthly Available Monthly Monthly Available Hours Hours Remainder I I Remainder Allocated Used of Year Allocated Used of Year July 34.5 27.8 386.0 $5,000 $4,031 $55,969 August 34.5 28.7 357.3 $5,000 $4,183 $51,786 Septembei 34.5 59.4 297.9 $5,000 $8,697 $43,089 October 34.5 29.9 268.0 $5,000 $4,335 $38,754 November 34.5 40.8 227.2 $5,000 $5,966 $32,788 December 34.5 56.5 170.7 $5,000 $8,790 $23,998 January 34.5 30.2 140.5 $5,000 $5,418 $18,580 February 34.5 31 109.5 $5,000 $4,520 $14,060 March 34.5 116.8 -7.3 $5,000 $16,968 - $2,908 April 34.5 30.8 -38.1 $5,000 $4,466 - $7,374 May 34.5 -38.1 $5,000 - $7,374 June 34.5 -38.1 $5,000 - $7,374 Total 413.8 451.9 60,000 $67,374 September bill includes for TLT litigation to be paid by schools October bill includes $3364 for TLT litigation to be paid by schools November Bill includes $2653 for TILT to be paid by schools December bill includes $3605.25 for TLT to be paid by Schools January billincludes $1039 exp and $2,943 hours for TLT to be paid by schools February bill includes $2,537.50 for TLT to be paid by schools March bill included $10,599 for TLT litigation to be paid by Schools April bill - separate bill for TLT litigatin to be paid by schools t c 4 °FReq °�y Town of Reading 16 Lowell Street rho wo l6391NC05tQ�IP� Reading, MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us Website: www. readingma.gov Dear licensee ? Pn,? R. Rai° o 4-n' TOWN MANAGER (781) 942 -9043 In an attempt to coordinate Town approval of licensing with enforcement of violations, we have reviewed the status of licensees with respect to any outstanding violations of the Town sign bylaw. In prior correspondence we have let you know that your business signage is in violation of the Town sign bylaw — specifically: Your license(s) with the Town are due for renewal in the fall of each year. We want to make sure that you are aware of any issues that would affect the renewal of your license(s) effective January 1, 2013. With renewal of licenses almost six months away, we want to give you plenty of notice to correct these violations prior to consideration of re- licensing of your business for 2013. Jessie Wilson is available in our Planning office to help you with whatever permits or other approvals you need in order to bring your signs into conformance. She can be reached at 781 - 942 -6648 or at jessiewilson @ci.reading.ma.us Thanks for your cooperation and immediate attention to this matter. We look forward to working with you. Sincerely, Peter I. Hechenbleikner Town Manager k C"< Pagel of 2 T rngR. 7��,T' Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, May 16, 2012 12:33 PM To: Schena, Paula Subject: FW: Building Facade and Signage Improvement Program - Design Charette, 5/23/2012 Attachments: Design Charette_May 23 2012.jpg C attached to Board of Selectmen as TM report Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781 -942 -9043 fax 781 -942 -9071 web www.readima.gov_ email townmanagerCci?ci . readinma . us Please let us know how we are doing - fill out our brief customer service survey at http:// readi _ngma- survey.virtualtownha_ll. net /surv_ey /sid /ccc2fO3.5993bd3cO/ From: Wilson, Jessie Sent: Wednesday, May 16, 2012 10:01 AM To: kgstroman @gmail.com; jcarson @sanbornphc.org; Bonazoli, James; mancusomail @yahoo.com; nwandz @yahool.com; Leahy, Leslie; anndicicco @yahoo.com; garydinapoli @yahoo.com; middlesexeast @comcast.net; stephenkasper @comcast.net; amytangorra @yahoo.com; wfcesq @verizon.net; mpmmu @aol.com; office l.fccr @verizon.net; gallorealestate @comcast.net; Leahy, Leslie; rscott @atlanticframing.com; rparker @intentarchitects.com; susan axelson Cc: Reading - Economic Development Committee; Bonazoli, James; Safina, Nicholas; Weston, John Subject: Building Facade and Signage Improvement Program - Design Charette, 5/23/2012 Good Morning, The Design Charette for the Building Facade and Signage Improvement Program will be held on May 23, 2012 at 7:00 PM in the Community Room at the Police Station. Applicants who applied for the BFSI should attend this meeting. However, business and property owners who did not apply to the program are welcome to attend as design possibilities will be presented by the program's Co -op designer! Attached is the official invitation. Mark your calendar for MAY 23, 2012 at 7 :00 PM at the Community Room_ at the Police Station! Please feel free to email me with any questions. ( G(o 5/16/2012 Page 2 of 2 Best, Jessie Jessie Wilson Staff Planner Town of Reading 16 Lowell Street Reading, MA 01867 p: 781.942.6648 f: 781.942.9071 jwLIswn@ci-read-hg—.ma.us Town Hall Hours: Monday, Wednesday, & Thursday : 7:30am - 5:30pm Tuesday 7:30am - 7:00pm & CLOSED on Fridays G-7 5/16/2012 TZ ading Economic Development CoruwjVee Bu ild i ng Fa,,gacle and S"'1gn age ]mprovement�rogram Please j61n us Wednesday� May 23, 2012 Reading Police Stat'i'on I C19 IM" TZ ading Economic Development CoruwjVee Bu ild i ng Fa,,gacle and S"'1gn age ]mprovement�rogram Please j61n us Wednesday� May 23, 2012 Reading Police Stat'i'on I C19 • Substance Abuse antl Mental Heelih Services Atlministre6on SA11�1hrSA 1 Choke Cherry Road • Rockville, MD 20857 WWW.samhsa.gov • 1- 677 - SAMHSA -7 (1 -677- 726 -4727) April 30, 2012 Town of Reading Peter Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading, MA 01867 Dear Applicant: xAY -7 AM it. 02 The grant application that you submitted in response to RFA# SP12 -03, "The Reading Coalition Against Substance Abuse," identification number 1 SP019233 -01, has been received by SAMHSA. If it passes the preliminary screening, it will be assigned to an Initial Review Group (IRG) for scientific /technical merit evaluation and to the appropriate Program Office in SAMHSA for funding consideration. You will be notified of the outcome as soon as possible after the information is available. Thank you for your interest in SAMHSA's programs. Sincerely yours, Diane Abbate Director Office of Grant Review 1 Q--11 Behavioral Health is Essential To Health • Prevention Works • Treatment is Effective People Recover Page 1 of 2 L/ C so S Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, May 08, 2012 6:23 PM To: 'Dudley,Donna' Cc: Reading - Selectmen; Schena, Paula; Delios, Jean Subject: RE: Withdrawing from CPDC Thanks for the email Donna. I will take that as a resignation effective immediately. I hope that your medical treatments go well and that you are on the mend. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781- 942 -9043 fax 781 -942 -9071 web ww .readinama.gov email town _manager ci. read ingma.us Please let us know how we are doing - fill out our brief customer service survey at http:// readingma- sur_v__ey._virtualtownhaii.net /survey /sid /ccc2fO35993bd3cO/ From: Dudley,Donna [mailto:ddudley @msh.org] Sent: Monday, May 07, 2012 6:44 PM To: Hechenbleikner, Peter Subject: FW: Withdrawing from CPDC From: Dudley,Donna Sent: Monday, May 07, 2012 6:41 PM To: 'jdelios @ci. reading. ma. us'; Jwilson @ci.reading.ma.us'; Cc: 'btafoya@ci. read i ng. ma. us' Subject: Withdrawing from CPDC ' pheckenbleikner @ci. reading, ma. us' Regrettably, due to some upcoming medical treatments, I think it would be best if I withdraw from the committee as there will be some uncertainty as to whether I can make two meetings /per month. Donna Dudley Senior Accountant qbl 5/8/2012 Page 2 of 2 Finance and Accounting Management Sciences for Health 784 Memorial Drive Cambridge, MA 02139, USA + 1- 617 - 250 -9372 (direct) + 1- 617 - 250 -9500 (main) Web: www,msh.org m 4 sh 9 Our mission; Saving lives and improving the health of the world's poorest and most vulnerable people by closing the gap between knowledge and action in public health. q , 2i 5/8/2012 BRADLEY H. JONES, JR. STATE REPRESENTATIVE MINORITY LEADER May 10, 2012 0 C 9" ( 20 "' MIDDLESEX DISTRICT READING • NORTH READING LYNNFIELD ^ MIDDLETON ROOM 124 TEL, (617) 722 -2100 Bradley.Jones @MAhouse.gov Mr. Peter Hechenbleikner, Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01 Dear Mr. e r: The ecutive Office of Housing and Economic Development (EOHED) informed my office that the 2012 MassWorks Infrastructure Program materials for the 2012 grant round are now available. As you may know, the MassWorks Infrastructure Program provides an opportunity for municipalities to seek public infrastructure funding to encourage economic development and job creation. A copy of the 2012 application, guidelines, scoring guide, frequently asked questions and other relevant materials are now available on the EOHED's website at http: / /mass.gov /hed/massworks. The electronic application system will open on June 1, providing applicants more than twelve weeks to complete their application before the submittal period opens on August 27, and all decisions will be rendered by the end of October. I encourage you and your staff to review the materials and determine if this program might be a good fit for the Town of Reading. Do not hesitate to contact me with any questions or if I can be of any assistance. r. 4C qC_&S For Immediate Release For More Information, contact Pat Mikes at 617- 426 -7272 or Peter Hechenbleikner at 781- 942 -9043. Reading Hosts Pakistani Public Administrators BOSTON, May 16, 2012 — The Massachusetts Municipal Association (MMA) and the Institute for Training and Development (ITD) in Amherst were awarded a multi -year grant from the U.S. State Department's Bureau of Educational and Cultural Affairs to provide training for seventy -five Pakistani public administrators on municipal government operations in the United States. The State Department grant funds visits by five groups of Pakistani public administrators. The first two groups visited in 2011. A third group is in Massachusetts from April 28th until June 1st After a week -long orientation at ITD, the Pakistani officials travelled to Boston to visit cultural attractions such as the John F. Kennedy Museum and meet their host communities. The group will participate in two two -week internships and professional attachments to study the day -to -day operations, problem - solving strategies, professional management techniques and civic engagement activities in place in the host cities and towns. The participants will also visit New York City and conclude their time in the United States by meeting with State Department officials and key Federal legislators. The project's goal is for participating Pakistanis and Americans to develop new professional skills and relationships through their interaction. One of the features of the program is to share best practices on transparency in government. Wrap -up activities will include individual and group assessments on the internships and preparation of action plans that the participants will implement upon their return home. "This will be a very rewarding initiative," said MMA Executive Director Geoffrey C. Beckwith, "Massachusetts communities have a long history of strong professional management and innovation, and municipal leaders will enjoy sharing their expertise with key international partners who are devoted to building strong management systems in Pakistan. Building strong public partnerships knows no political boundaries and I applaud our local officials for welcoming these distinguished visitors into their communities." qJ l Communities participating in this third session of the exchange program include Andover, Lowell, Reading, Melrose, Easton, Westwood, Dedham, Canton, Newton, and Great Barrington. Visiting Reading from May 8 to May 18 are Altaf Gohar and Shehryar Sikander. Their hosts are Town Manager Peter Hechenbleikner and the Reading management team. During their visit, Reading hopes to expose these two Pakistani officials to a variety of experiences - professional, social, and cultural. On the schedule are: attendance at a Board of Selectmen's meeting, visiting schools, shadowing Department Heads, and attendance at a Department Head meeting. Also on tap are a Red Sox game, attendance at a local concert, and participating in a church service. The Town Manager noted that "We hope to expose our guests to many aspects of life in our community — we're proud to show off Reading and its residents. But we find that we are also learning a lot about a part of the world to which we have little exposure, and that is a very rewarding part of this program. It has been a delight to come to know Mr. Gohar and Mr. Sikander — they are excellent representatives of their country." The MMA is the nonprofit and nonpartisan statewide association of Massachusetts cities and towns that provides its member communities and officials with a broad range of services, including advocacy and lobbying, training and education, publications, public policy research, innovative cost - savings programs, and management assistance. ITD is a nonprofit organization based in Amherst, MA that works with partners and sponsors worldwide to design and implement international training and exchange programs that are personally meaningful, professionally motivating, and intellectually stimulating for all participants. Beginning in 1985, over 3,000 people from 90 countries have come to ITD. The organization conducts an average of 10 to 12 programs each year on subjects as wide - ranging as cultural identity, public administration, and the study of the U.S. -END- �J Z,- Town of Reading 16 Lowell Street Reading, MA 01867 -2683 Legal Notice HEALTH Phone: (781) 942 -9061 Fax: (781) 942-9071 Website: www.readinmm3ov The Reading Board of Health will be holding two public hearings starting at 5:30 pm Thursday, March 24, 2012 at their meeting in the Conference Room of Reading Town Hall. The first public hearing is for revisions to Board of Health Regulations Section 8 Wells to adopt the MassDEP's model regulation. The second public hearing is for revisions to Board of Health Regulation Section 16 Tobacco Use addressing sales of tobacco products, sales of tobacco products to minors, and use of tobacco products to bring them to current standards. Copies of the proposed revisions are available at the office of the Health Division at Reading Town Hall and on the town's website at www.ci. reading. ma.us. Barbara Meade, RN Chair Board of Health q e-, t Reading BOH Regulation for Private Wells Table of Contents Page I. Purpose ........................... ..............................1 II. Authority ........................ ..............................1 III. Definitions ...................... ..............................1 IV. Well Construction Permit ............................3 V. Water Supply Certificate ..............................4 VI. Well Location and Use Requirements .........4 VII. Water Quantity Requirements ...................... 5 VIII. Water Quality Testing Requirements ........... 6 IX. Well Construction Requirements .................8 X. Decommissioning Requirements .................12 XI. Enforcement .................... .............................13 XII. Hearing ............................ .............................13 XIII. Appeal ............................. .............................14 XIV. Penalties .......................... .............................14 XV. Variance .......................... .............................14 XVI. Severability ..................... .............................15 XVII. Effective Date ................. .............................15 XVIII. Disclaimer ....................... .............................15 I. PURPOSE The purpose of this regulation is to provide for the protection of the public health, safety welfare and the environment of Reading by, among other things, requiring the proper siting, construction and testing of private wells. II. AUTHORITY These regulations are adopted by the Reading Board of Health, pursuant to its authority under Massachusetts General Laws, Chapter 111, section 31. These regulations supersede all previous Regulations for Private Wells adopted by the Board of Health. III. DEFINITIONS Agent: Any person designated and authorized by the Board to implement, in whole or part, these regulations. To the extent provided by the Board, the agent shall have all the authority of the Board and shall be directly responsible to the Board and under its direction and control. L4 e,- / 1 Applicant: Any person who applies to have a private well constructed. Aquifer: A water bearing geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs. Bentonite Grout: A mixture of bentonite (API Standard 13A) and water in a ratio of not less than one pound of bentonite per gallon of water. Board: The Board of Health of Reading, Massachusetts or its authorized agent. Business of Digging or Drilling_ A person who charges a fee for digging or drilling a well, or a person who advertises for hire to dig or drill wells within the Commonwealth of Massachusetts. Casing: Impervious durable pipe placed in a boring to prevent the walls from caving and to serve as a vertical conduit for water in a well. Certified Laboratory: A laboratory certified by the MA Department of Environmental Protection for the analysis of drinking water and required water quality analytes. Provisional certification is acceptable. Certified Well Driller: Any person certified with the MA Department of Environmental Protection Well Driller Program to dig or drill wells in the Commonwealth of Massachusetts. Concrete: A mixture consisting of Portland cement (ASTM Standard C 150, type I or API Standard 10, Class A), sand, gravel, and water in a proportion of not more than five parts of sand plus gravel to one part cement, by volume, and not more than six gallons of water. One part cement, two parts sand, and three parts gravel are commonly used with up to six gallons of water. Irrigation well: Well used for the sole purpose of watering or irrigation. The well shall not be connected at any time to a dwelling or a building unless they meet the requirements of a Private Drinking Water Well and have the Board's written approval. MassDEP: Massachusetts Department of Environmental Protection, Neat Cement Grout: A mixture consisting of one bag (94 pounds) of Portland cement (ASTM Standard C 150, Type I or API Standard 10, Class A) to not more than six gallons of clean water. Bentonite (API Standard 13A), up to two percent by weight of cement, shall be added to reduce shrinkage. Other additives, as described in ASTM Standard C494, may be used to increase fluidity and /or control setting time. Person: An individual, corporation, company, association, trust, or partnership. L4 e3 Private Drinking Water Well: Any dug, driven, or drilled hole, with a depth greater than its largest surface diameter constructed or used to supply water for human consumption that is not regulated by 310 CMR 22.00 Pumping (Aquifer) Test: A procedure used to determine the characteristics of a well and adjacent aquifer by installing and operating a pump. Sand Cement Grout: A mixture consisting of Portland cement (ASTM Standard C150, Type I or API Standard 10, Class A), sand, and water in the proportion of one part cement to three or four parts sand, by volume, and not more than six gallons of water per bag (94 pounds) of cement. Up to five percent, by weight of bentonite (API Standard 13A) shall be added to reduce shrinkage. Static Water Level: The level of water in a well under non - pumping conditions. Structure: A combination of materials assembled at a fixed location to give- support or shelter, such as a building, framework, retaining wall, fence, or the like. IV. WELL CONSTRUCTION PERMIT A Massachusetts Certified Well Driller shall obtain a permit from the Board of Health prior to the commencement of construction of a private well. Each permit application to construct a well shall include the following: 1) the property owner's name and address 2) the well driller's name and proof of valid Massachusetts certification 3) a plan with a specified scale, signed by a registered surveyor or engineer, showing the location of the proposed well in relation to existing or proposed above or below ground structures. 4) a description of prior and current land uses within two - hundred (200) feet of the proposed well location, which represent a potential source of contamination, including but not limited to the following: a) existing and proposed structures b) subsurface sewage disposal systems c) subsurface fuel storage tanks d) public and private ways e) utility rights -of -way f) any other potential sources of pollution. 5) proof that the owner of any property abutting the applicant's property has been notified of the applicant's intention to install a well. 6) a permit fee of $100 The permit shall be on site at all times that work is taking place. Each permit shall expire one (1) year from the date of issuance unless revoked for cause, or extended. Permits may be extended for one additional six (6) month period provided that a written explanation for the request is received by the Board prior to the one year expiration date. q e-, 4 Well Construction Permits are not transferable. V. WATER SUPPLY CERTIFICATE The issuance of a Water Supply Certificate by the Board shall certify that the private well may be used as a drinking water supply. A Water Supply Certificate must be issued for the use of a private well prior to the issuance of an occupancy permit for an existing structure or prior to the issuance of a building permit for new construction which is to be served by the well. The following shall be submitted to the Board of Health to obtain a Water Supply Certificate: 1) a well construction permit 2) a copy of the Water Well Completion Report as required by MassDEP Well Driller Program regulations (3 10 CMR 46) 3) a copy of the Pumping Test Report required pursuant to Section VII of these regulations 4) a copy of the Water Quality Report required pursuant to Section VIII of these regulations Upon the receipt and review of the above documents, the Board shall make a final decision on the application for a Water Supply Certificate. A final decision shall be in writing and shall comprise one of the following actions: 1) Issue a Water Supply Certificate 2) Deny the applicant a Water Supply Certificate and specify the reasons for the denial. 3) Issue a conditional Water Supply Certificate with those conditions, which the Board deems necessary to ensure fitness, purity and quantity of the water, derived from that private well. These conditions may include, but not be limited to, requiring treatment and /or additional testing of the water. VI. WELL LOCATION AND USE REQUIREMENTS In locating a well, the applicant shall identify on a plan all potential sources of contamination, which exist or are proposed within two - hundred (200) feet of the site, including but not limited to the location of hazardous waste sites, underground storage tanks, agricultural land uses, permitted groundwater discharges and utility rights -of way. When possible, the well shall be located upgradient of all potential sources of contamination and shall be as far away from potential sources of contamination as possible, given the layout of the property. No well shall be permitted for use as a potable water source unless it meets the following setback requirements: 15 feet from the property line 25 feet from public or private roadway 15 feet from right of way 50 feet from building sewer line or septic tank 100 feet from leaching field or drywell 4 q .e,< 100 feet from stable, barnyard, manure storage 15 feet from power line or overhead distribution line 50 feet from any surface water, including but not limited to wetlands The Board reserves the right to impose minimum setback requirements from other potential sources of contamination not listed above. All such additional setback requirements shall be listed, in writing, as a condition of the well construction permit. Each private well shall be located so that it is accessible for repair, maintenance, testing, and inspection. The well shall be completed in a water bearing formation that will produce the required volume of water under normal operating conditions, inches above any be constructed of No private well, or its associated distribution system, shall be connected to either the distribution system of a public water supply system or any type of waste distribution system. VII. WATER QUANTITY and PUMPING TEST The applicant shall submit to the Board for review and approval a Pumping Test Report. The Pumping Test Report shall include at a minimum: the name and address of the well owner, well location referenced to at least two permanent structures or landmarks, date the pumping test was performed, depth at which the pump was set for the test, location for the discharge line, static water level immediately before pumping commenced, discharge rate and, if applicable, the time the discharge rate changed, pumping water levels and respective times after pumping commenced, maximum drawdown during the test, duration of the test, including both the pumping time and the recovery time during which measurements were taken, recovery water levels and respective times after cessation of pumping, and reference point used for all measurements. In order to demonstrate that the well capacity can provide the required volume of water, a pumping test shall be conducted in the following manner: 1) The volume of water necessary to support the household's daily need shall be determined using the following equation: (number of bedrooms plus one bedroom) x (I 10 gallons per bedroom) x (safety factor of 2) = number of gallons needed daily. 2) The storage capacity of the well shall be determined using the measured static water level and the depth and radius of the drillhole or casing. 3) The required volume shall be calculated by adding the volumes of water in (1) and (2) above. It is this volume of water that must be pumped from the well within a twenty - four (24) hour period. 5 The pumping test may be performed at whatever rate is desired. Following the pumping test, the water level in the well must be shown to recover to within eighty -five (85) percent of the prepumped static water level within a twenty -four (24) hour period. Example 1: a one bedroom house with a well six (6) inches in diameter containing 200 ft. of standing water: 1) 1 bedroom + 1 bedroom= (2 bedrooms) x (110 gallons per bedroom) x (safety factor of 2) = 440 gallons needed daily. 2) the volume of a 6 -inch well is 1.5 gallons for every foot of water column length. Therefore, (200 ft. of standing water) x (1. 5 gal /ft.) = 300 gallons. 3) 440 gallons + 300 gallons= 740 gallons that must be pumped from the well in 24 hours or less to demonstrate suitable capacity. Recovery to at least 85% of the static water level must also occur within 24 hours after cessation of pumping. Example 2: For a 4 bedroom house with a well that is six (6) inches in diameter containing 100 ft. of standing water: 1) 4 bedroom house + I bedroom = (5 bedrooms) x (I 10 gallons per bedroom) x (safety factor of 2) = 1,100 gallons needed daily. 2) the volume of a 6 -inch well is 1.5 gallons for every foot of water volume length. Therefore, (100 ft. of standing water) x (1. 5 gal /ft.) = 150 gallons. 3) 1,100 gallons + 150 gallons =1250 alb that must be pumped from the well in 24 hours or less to demonstrate suitable capacity. Recovery to at least 85% of the static water level must also occur within 24 hours after cessation of pumping. VIII. WATER QUALITY TESTING After the construction of the well has been completed and disinfected, and prior to using it as a private drinking water well, baseline water quality testing shall be conducted. A water sample shall be collected either after purging three (3) well volumes or following the stabilization of the pH, temperature and specific conductance in the pumped well. The water sample to be tested shall be collected at the pump discharge or from a disinfected tap in the pump discharge line. In no event shall a water treatment device be installed prior to sampling. Water quality tests utilizing the applicable US EPA approved method for drinking water testing, shall be conducted by a Massachusetts certified laboratory and shall include analysis for the following parameters: Arsenic Chloride Copper Fluoride Hardness Iron Lead qZ7 Manganese pH Sodium Total Coliform bacteria E. coli bacteria Nitrate/Nitrite In wells drilled into bedrock the Board of Health requires that in addition to the parameters listed above, a Gross Alpha Screen and Radon test be performed. If the Gross Alpha screen detects radiation of 15 pci /1 or more, then the water must be analyzed for Radium and Uranium concentrations. The owner of every well used for drinking water including those serving a property which is rented or leased shall have its water tested at a Massachusetts certified laboratory for the following chemical and bacteriological parameters at a minimum of once a year: total coliform bacteria, e. coli bacteria, nitrate, nitrite, pH, conductivity, sodium, and iron. All other required chemical parameters should be tested at a minimum of every ten (10) years. The Board of Health may require more frequent testing, or testing for additional parameters, where other water quality problems are known or suspected to exist. The owner of a rental property shall provide results of all water quality tests to all tenants of the property and the Board of Health. In cases where the well water does not meet the water quality standards outlined above, the Board of Health may require the property owner to provide an alternative approved source of drinking water for the tenants. Prior to selling, conveying, or transferring title to real property, the owner shall have tested the water of every private drinking water well serving that property. A water sample from each well shall be submitted to a Massachusetts certified laboratory for testing for the parameters listed in the Water Quality section of this document. This water quality testing shall have been performed not more than one (1) year prior to transfer of the property. Results of the water quality testing shall be submitted to the Board of Health prior to property transfer. In addition, the owner shall give copies of all available water quality test results of which he /she has knowledge (regardless of age of results) for the private well in question to any buyer and /or broker involved in 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. For irrigation wells, the Board requires annual testing for E. coli bacteria and Nitrate/Nitrite, as accidental consumption could result in acute exposure. The Board reserves the right to require retesting of the above parameters, or testing for additional parameters when, in the opinion of the Board, it is necessary due to local conditions or for the protection of public health, safety, welfare and the environment. All costs and laboratory arrangements for the water testing are the responsibility of the applicant. 4e'o Following a receipt of the water quality test results, the well owner shall submit a Water Quality Report to the Board, which includes: 1) a copy of the certified laboratory's test results 2) the name and contact information of the individual who performed the sampling 3) where in the system the water sample was obtained This regulation requires that private drinking water wells meet all current Massachusetts' Primary and Secondary Drinking Water Standards and Guidelines adopted by the MassDEP Office of Research and Standards (ORS). In any case where a private drinking water well does not meet such Standards or Guidelines, as it deems necessary for the protection of public health, safety or welfare, that the Board may take action, but not limited to, requiring the property owner to provide an alternative source of drinking water. IX. WELL CONSTRUCTION Pursuant to 310 CMR 46.02 (1), no person in the business of digging or drilling shall construct a well unless certified by the MassDEP Well Drillers Program. Any work involving the connection of the private well to the distribution system of the residence must conform to the local plumbing code. All electrical connections between the well and the pump controls and all piping between the well and the storage and /or pressure tank in the house must be made by a pump installer or certified well driller, including the installation of the pump and appurtenance(s) in the well or house. A physical connection is not permitted between a water supply, which satisfies the requirements of these regulations, and another water supply that does not meet the requirements of these regulations without prior approval of the Board. A. General Well Design and Construction All private wells shall be designed and constructed such that: 1) the materials used for the permanent construction are durable in the specific hydrogeologic environment that occurs at the well site 2) no unsealed opening is be left around the well that could conduct surface water or contaminated groundwater vertically to the intake portion of the well or transfer water from one formation to another. Permanent construction materials shall not leach or contribute toxic substances, taste, odors, or bacterial contamination to the water in the well. The driller shall operate all equipment according to generally accepted standards in the industry and shall take appropriate precautions to prevent damage, injury or other loss to persons and property at the drilling site. NeR Well construction design shall ensure that surface water does not enter the well through the opening or by seepage through the ground surface. Construction site waste and materials shall be disposed of in such a way as to avoid contamination of the well, any surface water or the aquifer. During any time that the well is unattended, the contractor shall secure the well in a way as to prevent either tampering with the well and /or the introduction of foreign material into the well. All water used for drilling, well development, or to mix a drilling fluid shall be obtained from a source, which will not result in contamination of the well or the water bearing zones penetrated by the well. Water from wetlands, swamps, ponds and other similar surface features shall not be used. Water shall be conveyed in clear sanitary containers or water lines and shall be chlorinated to an initial concentration between 50 mg /l and 100 mg /1.All drilling equipment including pumps and down hole tools, shall be cleaned and disinfected prior to drilling each new well or test hole. All drilling fluids shall be nontoxic. Drilling fluid additives shall be stored in clean containers and shall be free of material that may adversely affect the well, the aquifer, or the quality of the water to be pumped from the well. Surfactants shall be biodegradable. The use of biodegradable organic polymers shall, when possible, be avoided. All wells, including those that have been hydrofractured, shall be developed in order to remove fine materials introduced into the pore spaces or fractures during construction. One or more of the following methods shall be used for development: overpumping, backwashing, surging, jetting, air -lift pumping. The completed well shall be sufficiently straight so that there will be no interference with installation, alignment, operation or future removal of the permanent well pump. B. Well casing Private water supply wells shall be constructed using either steel or thermoplastic well casing. The casing shall be of adequate strength and durability to withstand anticipated formation and hydrostatic pressures, the forces imposed on it during installation, and the corrosive effects of the local hydrogeologic environment. All casing used in the construction of private wells shall be free of pits, breaks, gouges, deep scratches and other defects. If previously used casing is installed, it shall be decontaminated and disinfected prior to installation. Installation of water well casing shall be done in a manner that does not alter the shape, size, or strength of the casing and does not damage any of the joints or couplings connecting sections of the casing. A standard driveshoe shall be used when casing is installed. The drive shoe shall be either welded or threaded to the lower end of the string of casing and shall have a beveled metal cutting edge forged, cast, or fabricated for this specific purpose. Upon completion of the installation procedure, the entire length of the casing above the intake shall be watertight. M qej° Well casing shall not be cut off below the land surface unless a pitless adapter or a pitless unit is installed or an abandoned well is being permanently plugged. Well casing terminating above -grade shall extend at least twelve (12) inches above the predetermined ground surface at the wellhead except when the well is located in a floodplain. When a well is located in a floodplain, the well casing shall extend at least two (2) feet above the level of the highest recorded flood. The top of the well casing shall be reasonably smooth and level. C. Well screen A well screen is required for all drilled wells that are completed in unconsolidated formations. All well screens shall be of Grade 304 stainless steel. Wells completed in bedrock do not require a screen unless the bedrock formation is brittle in nature or has a potential for collapse. The well screen aperture openings, screen length, and diameter shall be selected so as not to limit the aquifer's water yielding characteristics while preventing access of soil particles that would detract from well efficiency and yield. D. Grouting and sealing Private wells drilled in bedrock shall be grouted from the ground surface or to the bottom of the pitless adaptor (if present) to fifteen (15) feet into competent bedrock. Neat cement grout, sand cement grout, or Bentonite grout shall be used. It shall have a permeability of at least 1 x 10 -7 and be emplaced using standard grouting techniques as described in the MassDEP Private Well Guidelines, as amended. All wells completed with the casing extending above grade shall have a surface seal designed to eliminate the possibility of surface water flowing down the annular space between the well casing and the surrounding backfilled materials. The surface seal shall extend to a depth below the local frost line. E. Wellhead completion All wells shall be equipped with a sanitary seal or watertight cap designed to prevent surface water and foreign matter from entering the well. All wells except flowing artesian and dug wells shall be vented. The opening of the vent pipe shall be covered with a 24 mesh corrosion resistant screen and shall be large enough to prevent water from being drawn into the well through electrical conduits or leaks in the seal around the pump when the pump is turned on. The vent pipe shall terminate in a downward position at or above the top of the casing. All connections to a well casing made below ground shall be protected by either a pitless adapter or a pitless unit that complies with the most recent revision of National Sanitation Foundation Standard Number 56, entitled " Pitless Well Adapters." 10 g4&1t Above -grade connections into the top or side of a well casing shall be at least twelve (12) inches above the established ground surface or two (2) feet above the level of the highest known flood, whichever is higher. Above -grade connections shall be sealed so that they are watertight. The ground immediately surrounding the well casing shall be sloped downward and away from the well in all directions to eliminate the possibility of surface water ponding. F. Disinfection Upon completion of well construction, the well driller shall disinfect the well. If a pump is to be installed immediately upon completion of the well, the pump installer shall disinfect the well and the pumping equipment after the pump has been installed. If the pump is not installed upon completion of the well, the pump installer shall, upon installation, disinfect the well and the pumping equipment. The pump installer shall also disinfect the entire water supply system immediately after any maintenance or repair work is done on the pump. When a well is disinfected, the initial chlorine concentration shall be 100 mg /1 throughout the entire water column. For newly constructed or altered wells in which the pump is not immediately installed, the chlorine concentration used to disinfect the well shall be 100 mg /1. Upon installation of the pump, the well, the pumping equipment, and the distribution system, if connected, shall be disinfected with a chlorine concentration of 100 mg /1. The disinfectant solution shall remain undisturbed in the well for a minimum of two (2) hours. After all the chlorine has been flushed from the water supply system, a water sample shall be collected and submitted to a Massachusetts certified laboratory. For new wells, the sample shall be tested pursuant to Section VI of these regulations. Only certified well drillers are authorized to physically alter, or repair a well. For wells, that have undergone repair, a sample shall be tested for total coliform bacteria and any other parameters deemed appropriate by the Board, prior to being put back in use. 11 4 &z X. DECOMMISSIONING Abandoned wells, test holes, and borings shall be decommissioned so as to prevent the well, including the annular space outside the casing, from being a channel allowing the vertical movement of water. The owner of a private well shall decommission the well if any of the following criteria are met: 1) construction of the well is terminated prior to completion of the well 2) the well owner notifies the Board that the use of the well is to be permanently discontinued. 3) the well has been out of service for at least three (3) years 4) the well is a potential hazard to public health or safety and the situation cannot be corrected 5) the well is in such a state of disrepair that its continued use is impractical or unsafe 6) the well has the potential for transmitting contaminants from the land surface into an aquifer or from one aquifer to another and the situation cannot be corrected The property owner shall ensure that that all abandoned wells and test holes or borings associated with the well installation are properly plugged before work at the site is completed. Only certified well drillers may plug abandoned wells, test holes, and borings. Abandoned overburden wells or borings shall be completely filled with a low permeability grout, which cures with a final permeability of less than 1x10 "7 cm /sec. Wells shall be plugged with neat cement grout, sand cement grout, concrete, or bentonite grout. Regardless of the type used, the grout used for plugging shall: 1) be sufficiently fluid so that it can be applied through a tremie pipe from the bottom of the well upward 2) remain as a homogeneous fluid when applied to the subsurface rather than disaggregating by gravity into a two phase substance 3) be resistant to chemical or physical deterioration 4) not leach chemicals, either organic or inorganic, that will affect the quality of the groundwater'` where it is applied The plugging materials shall be introduced at the bottom of the well or boring and placed progressively upward to a level approximately four (4) feet below the ground surface. Sealing materials shall not be poured from the land surface into the well, borehole, or annular space being sealed. The well driller shall install a surface seal after the well or boring has been plugged. Before the surface seal is placed, casing remaining in the hole shall be cut off. The remaining four (4) feet at the top of the well or boring shall then be filled with concrete. The top of the seal shall comprise a concrete slab above the top of the plugged well or boring. This concrete slab shall be at least six (6) inches thick and shall be at least two (2) feet greater in diameter than the well casing or borehole wall. q 613 12 XI. ENFORCEMENT The Board has authority to investigate suspected or known violations of these regulations and /or violations of any Water Supply Certificate conditions. The Board may take actions, as it deems appropriate, within its authority for the protection of public health, safety welfare, or the environment, and to enforce any of the provisions of this regulation. If any investigation reveals a violation of these regulations or the Water Supply Certificate Conditions, the Board may order the private well owner to comply with the violated provision(s), and /or take other action within its authority as the Board deems appropriate. Any Order the Board issues shall be in writing and served in the following manner: (a) personally, by any person authorized to serve civil process, (b) by any person authorized to serve civic process by leaving a copy of the Order at the property owner's address (c) by sending the property owner a copy of the Order by registered or certified mail, return receipt requested, or (d) by posting a copy of the Order in a conspicuous place on or about the premises and by advertising it for at least three (3) out of five (5) consecutive days in one or more newspapers of general circulation within the municipality where the private well is located, if the property owner's last and usual place of residence is unknown or outside the Commonwealth. XI. HEARING Any person to whom the Board issues an Order may request a hearing before the Board by filing with the Board within seven (7) days after the day the Order was served a written request for a hearing. Upon receipt of a hearing request, the Board shall set a time and place for the hearing and shall inform the well owner in writing. The hearing shall commence within thirty (30) days from the day on which the written request was made, unless a later time is agreed to in writing by the Board and the person requesting the hearing. At the hearing the person requesting the hearing shall be given an opportunity to be heard and show why the Order should be modified or withdrawn. After the close of the hearing, the Board shall issue a written decision to sustain, modify, or withdraw the Order and shall mail a copy of the decision, by certified mail, return receipt requested, to the person who requested the hearing. If the Board sustains or modifies the Order, it shall be carried out within the time period allotted in the original order or in the modification. Every notice, order, or other record prepared by the Board in connection with the hearing shall be entered as a matter of public record in the office of the clerk of the city or town, or in the office of the Board. If a request for a hearing is not filed with the Board within seven (7) days after the day an Order has been served or if after a hearing, the Order has been sustained in whole or any part, each day's failure to comply with the order as issued or sustained shall constitute a separate violation, qzl q 13 XIII. APPEAL Any person aggrieved by the final Order, Variance, Well Construction Permit, or Certificate of Water Supply determination of the Board may appeal to any court of competent jurisdiction as provided by the laws of the Commonwealth. XIV. PENALTIES Any person who violates any provision of these regulations, or who fails to comply with any final Order of the Board and is issued a ticket pursuant to MGL C. 40 section 21 D and Town of Reading By -laws Section 1 -7 shall pay a fine of $50 for the first offense, $100 for the second offense, and $150 for the third and each subsequent offense. Each section of these regulations shall constitute a separate violation. Each day's failure to comply with a final Order or any provision of this regulation shall constitute a separate violation. XV. VARIANCE The Board may, grant a variance to any provision of this regulation when, in its opinion, the enforcement would result in manifest injustice, and the applicant has demonstrated that the equivalent degree of protection will be provided without strict application of the particular provision(s) sought to be varied. Every request for a variance shall be in writing shall state the specific provision of this regulation from which variance is sought, the reasons for seeking the variance and proof of the notice required below. The request shall also contain the information to establish manifest injustice and equivalent degree of protection. At least ten (10) days prior submission of the application to the Board, the applicant shall provide notice of their intent to the request a variance as follows: a) by certified mail, return receipt requested to all abutters of the property upon which the private well will be or is located and b) publication in a newspaper of general circulation in the town or city in 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 provision(s) of this regulation from which a variance is sought, and the reason for seeking the variance. Any grant or denial of a variance shall be in writing and shall contain a brief statement of the reasons for approving or denying the variance. A copy of each variance shall be conspicuously posted for thirty (30) days following its issuance and shall be available to the public at all reasonable hours in the Office of the Town Clerk or Office of the Board of Health. No work shall be done under any variance until thirty (30) days elapse from its issuance, unless the Board certifies in writing that an emergency exists. The Board may issue a variance subject to such conditions as it deems necessary to public health, safety, welfare or the environment. Any such conditions shall be stated in writing in the Board's grant of the variance. The Board may revoke, modify or suspend, in whole or in part, a variance after the property owner has been notified in writing and is afforded an opportunity to be heard, pursuant to Section XI of these regulations. q e[S' 14 XVI. SEVERABILITY: If any provision of these regulations or the application thereof is held to be invalid by a court of competent jurisdiction, the invalidity shall be limited to said provision(s) and the remainder of these regulations shall remain valid and effective. Any part of these regulations subsequently invalidated by a new state law or modification of an existing state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately, without recourse to a public hearing and the customary procedures for amendment or repeal of such regulation. XVII. EFFECTIVE DATE These regulations were adopted by vote of the Reading Massachusetts Board of Health, at their regularly scheduled meeting held on * * * * * * * * *, 2012 and are to be in full force and effect on and after * * * * * * * 2012. Before said date, these regulations shall be published and a copy placed on file in the Board of Health Offices and filed with the Department of Environmental Protection, Division of Wastewater Management in Boston. These regulations or any portions thereof may be amended, supplemented or repealed from time to time by the Board, as provided by law and applicable regulations. XVIII. DISCLAIMER The issuance of a well permit shall not be construed as a guarantee or certification by the Board or its agents that the water system will function satisfactorily or that the water supply will be of sufficient quality or quantity for its intended use. Legal Notice May 17, 2012 Public Hearing May 24, 2012 Adoption Legal Notice Certified Copy sent to MA DEP 15 4-eA 6 Section 16 Regulation Restricting the Sale of Tobacco Products & Nicotine Delivery Products A. Statement of Purpose: Whereas there exists conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat (Centers for Disease Control and Prevention (hereinafter "CDC "), Health Effects of Cigarette Smoking Fact Sheet, (January 2012)); whereas among the 15.7% of students nationwide who currently smoked cigarettes and were aged less than eighteen (18) years, 14.1% usually obtained their own cigarettes by buying them in a store (i.e., convenience store, supermarket, or discount store) or gas station during the thirty (30) days before the survey (CDC, Youth Risk Behavior, Surveillance Summaries. 2009, MMWR 2010:59 (No. SS -55) at 11); whereas nationally in 2000, sixty -nine (69 %) percent of middle school age children who smoke at least once a month were not asked to show proof of age when purchasing cigarettes (CDC, Youth Tobacco, Surveillance Summaries. 2000, MMWR 2001:50 (No. SS -04)); whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin (U.S. Department of Health and Human Services. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking- Attributable Disease: A Report of the Surgeon General, Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010.); whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major problem; whereas according to the CDC, cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking (U.S. Department of Health and Human Services. Reducing Tobacco Use: A Report of the Surgeon General. Atlanta, GA. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2000 at 358); whereas commercial Roll Your Own (RYO) machines enable loose, unpackaged tobacco to be poured into a machine and placed into empty, unpackaged cigarette tubes to be inhaled by individuals who smoke them. This procedure provides risk of contamination of the tobacco and unsanitary conditions in the machine and is injurious to public health; whereas commercial Roll Your Own (RYO) machines located in retail stores enable retailers to sell cigarettes without paying the federal and state excise taxes that are imposed on conventionally manufactured cigarettes. High excise taxes encourage adult smokers to quit and deter youth from starting. Inexpensive cigarettes, like those produced from RYO machines, promote the use of tobacco, resulting in a negative impact on public health and increased health care costs, and severely undercut the evidence - based public health benefit of imposing high excise taxes on tobacco; whereas the sale of tobacco products and nicotine delivery products are incompatible with the mission of health care institutions because they are detrimental to the public health and undermine efforts to educate patients on the safe and effective use of medication; J r4�(1 whereas educational institutions sell tobacco products to a younger population, which is particularly at risk for becoming smokers and such sale of tobacco products and nicotine delivery products are incompatible with the mission of educational institutions that educate a younger population about social, environmental and health risks and harms; now, therefore it is the intention of the Reading Board of Health to regulate the access of tobacco products. B. Authority: This regulation is promulgated pursuant to the authority granted to the Reading Board of Health by Massachusetts General Laws Chapter 111, Section 31 that "Boards of Health may make reasonable health regulations ". C. Definitions: For the purpose of this regulation, the following words shall have the following meanings: Blunt Wrap: Any tobacco product' manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers. Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1. Commercial Roll -Your -Own (RYO) machine: A mechanical device, by whatever manufacturer made and by whatever name known, that is designed to roll and wrap tobacco into products. RYO machines located in a private home, used for private consumption, and not located in a business or used for sale or distribution of tobacco are not Commercial Roll- Your -Own machines. E- Cigarette: Any electronic Nicotine Delivery Product composed of a mouthpiece, heating element, battery and /or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of solid nicotine or any liquid. This term shall include such devices whether they are manufactured as e- cigarettes, e- cigars, e -pipes or under any other product name. Educational Institution: Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education. Employee: Any individual who performs services for an employer. Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one (1) or more employees. Health Care Institution: An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00. Health care institution includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices and dentist offices. Membership association (also known as a private club): A not - for -profit entity that has been established and operates for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose, and is comprised of members who collectively belong to: (i) a society, organization or association of a fraternal nature that operates under the lodge system, and having one or more affiliated chapters or branches incorporated in any state; or (ii) a corporation organized under chapter 180; or (iii) an established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or (iv) a veterans' organization incorporated or chartered by Congress of the United States, or otherwise, having one or more affiliated chapters by the Congress of the United States, or otherwise, having one or more affiliated chapters or branches incorporated in any state. Except for a religious place of worship or instruction, an entity shall not be a membership association for the purpose of this definition, unless individual membership containing not less than full membership costs and benefits is required for all members of the association for a period of not less than 90 days. Minor: Any individual who is under the age of eighteen (18). Nicotine Delivery Product: Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine delivery product includes, but is not limited to, e- cigarettes. Permit Holder: Any person engaged in the sale or distribution of tobacco or nicotine delivery products directly to consumers who applies for and receives a tobacco and nicotine delivery product sales permit or any person who is required to apply for a tobacco and nicotine delivery product sales permit pursuant to these regulations, or his or her business agent. Retail tobacco store: an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the Reading Board of Health. 2 Qt)kq Self- Service Display: Any display or Commercial RYO machine from which customers may select or make a tobacco product or a Nicotine Delivery Product without assistance from an employee or store personnel. Tobacco Product: Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms. Vending Machine: Any automated or mechanical self - service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes cigarettes, any other tobacco product or Nicotine Delivery Product. D. Tobacco and Nicotine Delivery Product Sales to Minors Prohibited: 1. No person shall sell tobacco or nicotine delivery products or permit tobacco or nicotine delivery products to be sold to a minor; or not being the minor's parent or legal guardian, give tobacco or nicotine delivery products to a minor. 2. Required Signage a. In conformance with and in addition to Massachusetts General Law, Chapter 270, Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell tobacco products at retail. The notice shall be provided by the Massachusetts Department of Public Health and made available from the Reading Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four (4) feet or greater than nine (9) feet from the floor. The owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post any additional signs required by the Massachusetts Department of Public Health. b. The owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post signage provided by the Reading Board of Health that discloses current referral information about smoking cessation. c. The owner or other person in charge of a shop or other place used to sell nicotine delivery products at retail shall conspicuously post a sign stating that "The sale of nicotine delivery products to minors under 18 years of age is prohibited." The owner or other person in charge of a shop or other place used to sell e- cigarettes at retail shall conspicuously post a sign stating that "The use of e- cigarettes at indoor establishments may be prohibited by local law." The notice shall be no smaller than 8.5" by 11" and shall be posted conspicuously in the retail establishment or other place in such a manner so that they may be readily seen by a person standing at or approaching the cash register. This notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four (4) feet or greater than nine (9) feet from the floor. C LD 3. Identification: Each person selling or distributing tobacco or nicotine delivery products shall verify the age of the purchaser by means of valid government- issued photographic identification containing the bearer's date of birth that the purchaser is 18 years old or older. Verification is required for any person under the age of 27. 4. All retail sales of tobacco or nicotine delivery products must be face -to -face between the seller and the buyer, with the exception as noted in Section K. E. Tobacco and Nicotine Delivery Product Sales Permit: 1. No person shall sell or otherwise distribute tobacco or nicotine delivery products at retail within the Town of Reading without first obtaining a Tobacco and Nicotine Delivery Product Sales Permit issued annually by the Reading Board of Health. Only owners of establishments with a permanent, non - mobile location in Reading are eligible to apply for a permit and sell tobacco products or nicotine delivery products at the specified location in Reading. 2. As part of the Tobacco and Nicotine Delivery Product Sales Permit application process, the applicant will be provided with the Reading Board of Health regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco and nicotine delivery product sales regarding both state laws regarding the sale of tobacco and this regulation. 3. Each applicant who sells tobacco is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a Tobacco and Nicotine Delivery Product Sales Permit can be issued. 4. The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be determined by the Reading Board of Health annually. All such permits shall be renewed annually by July 1. 5. A separate permit is required for each retail establishment selling tobacco or nicotine delivery products. 6. Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the retail establishment in a conspicuous place. 7. No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any employee to sell tobacco products or nicotine delivery products until such employee reads this regulation and state laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the office of the employer, that he /she has read the regulation and applicable state laws. 8. A Tobacco and Nicotine Delivery Product Sales Permit is non - transferable. A new owner of an establishment that sells tobacco or nicotine delivery products must apply for a new permit. No new permit will be issued unless and until all outstanding penalties incurred by the previous permit holder are satisfied in full. 4 N�zl 9. Issuance of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his /her retail establishment to ensure compliance with this regulation. 10. Issuance of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned on an applicant's agreement to abide by the current Massachusetts Department of Revenue list for minimum retail prices of tobacco products, including multiple pack sales. 11. A Tobacco and Nicotine Delivery Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired. G. Prohibition of the Sale of Blunt Wraps No person or entity shall sell or distribute blunt wraps within Reading. H. Free Distribution and Coupon Redemption: No person shall distribute, or cause to be distributed, any free samples of tobacco products or nicotine delivery products. No means, instruments or devices that allow for the redemption of tobacco products for free or at a reduced price below the minimum retail price determined by the Massachusetts Department of Revenue shall be accepted by any permittee I. Out-of-Package Sales: No person may sell or cause to be sold or distribute or cause to be distributed, any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. J. Self - Service Displays: All self - service displays of tobacco products and /or nicotine delivery products are prohibited. All humidors including, but not limited to, walk -in humidors must be locked. K. Vending Machines: All tobacco and /or nicotine delivery product vending machines are prohibited. The only exception is tobacco vending machines are permitted if equipped with a lock out device, located in a membership association since January 1, 2012 where the membership association ensures that no person younger than eighteen (18) years of age is present, or permitted to enter, at any time. A lock -out device locks out sales from the vending machine unless a release mechanism is triggered by an employee. The release mechanism must not allow continuous operation of the vending machine and must be out of the reach of all consumers and in a location accessible only to employees. L. Prohibition of the Sale of Tobacco and Nicotine Delivery Products by Health Care Institutions: q 07--1 No health care institution located in Reading shall sell or cause to be sold tobacco or nicotine delivery products. No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or cause to be sold tobacco products. M. Prohibition of the Sale of Tobacco and Nicotine Delivery Products by Educational Institutions: No educational institution located in Reading shall sell or cause to be sold tobacco or nicotine delivery products. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. N. Violations: 1. It shall be the responsibility of the establishment, permit holder and /or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco and /or nicotine delivery products. The violator shall receive: a. In the case of a first violation, a fine of one hundred dollars ($100.00). b. In the case of a second violation within 36 months of the date of the current violation, a fine of two hundred dollars ($200.00) and the Tobacco and Nicotine Delivery Product Sales Permit shall be suspended for seven (7) consecutive business days. c. In the case of three or more violations within a 36 month period, a fine of three hundred dollars ($300.00); and the Tobacco and Nicotine Delivery Product Sales Permit shall be suspended for thirty (30) consecutive business days. 2. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the Tobacco and Nicotine Delivery Product Sales Permit for thirty (30) consecutive business days. 3. In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco or nicotine delivery products directly to a consumer while his or her permit is suspended shall be subject to the suspension of all board of health issued permits for thirty (30) consecutive business days. 4. The Reading Board of Health shall provide notice of the intent to suspend a Tobacco and Nicotine Delivery Product Sales Permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reasons therefore in writing. After a hearing, the Reading Board of Health shall suspend the Tobacco and Nicotine Delivery Product Sales Permit if the Board finds that a sale to a minor occurred. For purposes of such suspensions, the Board shall make the determination notwithstanding any separate criminal or non - criminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All tobacco products and nicotine delivery products shall be removed from 6 �z3 the retail establishment upon suspension of the Tobacco and Nicotine Delivery Product Sales Permit. Failure to remove all tobacco and nicotine delivery products shall constitute a separate violation of this regulation. O. Non - Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non - criminal method of disposition as provided in General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. Each day any violation exists shall be deemed to be a separate offense. P. Enforcement: Enforcement of this regulation shall be by the Reading Board of Health of or its designated agent(s). Any citizen who desires to register a complaint pursuant to the regulation may do so by contacting the Reading Board of Health or its designated agent(s) and the Board shall investigate. Q. Severability: If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. R. Effective Date: This regulation shall take effect on July 1, 2012. 7 q .62, �