On August 1, the North Yarmouth Select Board voted to forward a Land Use Ordinance (LUO) amendment to the town attorney for review.
The expansion of Section 11 of the LUO adds monitoring and enforcement protocols to ensure advanced wastewater disposal systems (AWDS) function as designed.
The proposed addition will require newly installed AWDS to have a maintenance agreement and annual sampling and testing of the system’s effluent. Test results are to be sent to the code office and Yarmouth Water District (YWD).
The current LUO requires AWDS in certain situations within the Groundwater Protection Overlay District (GPOD) but does not require a maintenance agreement or testing.
Planning Board member Jeff Brown collaborated with YWD, industry experts, and state agencies to develop the draft, including Maine Department of Health and Human Services, Maine DEP, Fujiclean, and North Yarmouth Code Enforcement.
YWD believes it's important to make sure the systems are working properly. According to Superintendent Eric Gagnon, this is about protecting the aquifer. These are not “just set it and forget it” systems. Owners need to understand regular maintenance is necessary.
The wastewater protection amendment represents 1.5 years of work by the Planning Board. Brown said the issue was identified as a priority when the Planning Board was working on definition updates. The need for better wastewater oversight came up during discussions about brew pubs and other commercial activity within the GPOD.
North Yarmouth has 40 AWDS within the GPOD. As more systems are installed and current systems age, the risk to the aquifer will increase.
In a February 2023 letter, YWD Board of Trustees indicated it would like to see better oversight and enforcement of protection requirements for the aquifer. They urged North Yarmouth to “keep the goal of groundwater protection in the forefront of your minds” when developing LUO amendments.
Chair Irving Felker wrote, “The District believes that any proposed ordinance changes to the GPOD must address the question – how does this change impact the groundwater?” Three areas of concern were noted: need for wastewater system monitoring, protecting source wells, and impact of increased housing density.
The LUO amendment will require owners with AWDS to have a current maintenance agreement and schedule regular effluent testing to receive an occupancy permit.
Gagnon said the proposed amendment addresses YWD’s top concerns about protecting the aquifer. AWDS are very effective at processing household waste. However, proper maintenance is critical.
North Yarmouth Code Enforcement Office will partner with YWD to develop the process. A memorandum of understanding being drafted with YWD will outline the procedure to ensure systems are working properly. Gagnon says the amendment will fill a gap in the process to protect the aquifer. YWD can provide oversight and recommendations, however, if there is a contamination risk, there isn’t much they can do. Enforcement authority rests with the Code Enforcement Office.
Gagnon says the YWD has made suggestions to help manage the process. “We can work together with Ben and the code enforcement to help maintain the records. I think we're more than willing to carry that load.”
Presently, adhering to the AWDS maintenance schedule is voluntary. Installation of any AWDS typically requires a maintenance agreement from the manufacturer to validate the warranty, but it is not required to be kept current. Lack of protocols to ensure residents follow the recommended schedule puts the aquifer at risk for contamination if a system fails.
Maintaining an accurate database of systems and any testing information is needed. The first step will focus on educating owners. Annual mailing to residents explaining the importance of proper maintenance is planned.
The Planning Board and the YWD see the amendment as a significant step towards increasing protection of the aquifer. Once approved, any future AWDS installed in the GPOD would need to abide by testing and maintenance requirements.
The North Yarmouth Code Enforcement Office did not respond to questions asking for clarification on the current process for addressing septic failures. The anticipated impact on the code office workload or whether the proposal will change how the Code Enforcement Office currently enforces wastewater system requirements within the GPOD was not answered.
If the LUO amendment is passed, all North Yarmouth AWDS installed prior to the ordinance change would be grandfathered. However, those owners will be encouraged to voluntarily participate.
Once legal reviews the draft, next step would be a public hearing by the Planning Board. The Planning Board would then need to vote to send the amendment back to the Select Board to authorize it to be put on a warrant for Town Meeting.
Other LUO Work
Also on August 1, the Select Board authorized town staff to work with Greater Portland Council of Governments (GPCOG) to update the LUO to incorporate requirements related to LD2003 and LD1706.
Planning Board Chair Paul Whitmarsh emailed, “The Planning Board was not contacted about GPCOG's involvement, or this process at all. I don't know at what point the Select Board believes is the proper time for Planning Board involvement, but to date that has not happened. So, I would not be able to provide any timeframe for completion.”
At the time of publication, the Code Office had not responded to questions regarding the expected timeline for drafting an amendment.
Aug 30: Updated to clarify GPCOG refers to Greater Portland Council of Governments