Administrative Consent Order ...

The Nantucket Board of Health on August 30, 2012 adopted Regulation 59.00 relative to Septic System Upgrade Deferrals. The regulation is intended to provide property owners with financial relief in the event that the required inspection of Madaket systems reveals that septic systems are in “technical failure,” that is, the septic system is within six feet of the water table. Since one option being considered by the Town, which is updating its Comprehensive Wastewater Management Plan, is sewering Madaket, the regulation is intended to “alleviate the burden on property owners who may have to pay for an expensive septic system upgrade, replacement or repair and then have to pay again to connect to Municipal Sewer.” 

Under the new regulation, the Board of Health may defer the repair of septic systems that are in technical failure if the homeowner executes an Administrative Consent Order (ACO) that requires the payment of an annual sum of money into an insured and interest-bearing escrow account over a period of 20 years. The funds would be used to defray the cost of connecting to a sewer system if one were to be constructed in the future or to pay for the repair or replacement of the septic system. Septic systems that are in “hydraulic failure,” (e.g. ponding of surface water, backup of sewage into the dwelling) would have to be minimally repaired, and property owners would have to enter into the Administrative Consent Order. 

Click the link below to view the Administrative Consent Order document, the ACO Pamphlet, ACO instructions and Board of Health Regulation 59:00.