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
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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
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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
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Pagel of 2
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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:
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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
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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.
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