On June 3, 1991, the Board of Selectmen's "Regulations Controlling the Use of Public and Private Sewers" (PDF) became effective in the Town of Milton.
Article II, section 3, of these Regulations deals with the requirement for connection of properties to the public sewer, if the sewer is available. Article I, section 3, defines "available" when: the property upon which a building is situated abuts a street, easement or right-of-way in which a public sewer is located.
The regulation makes it unlawful for property owners to construct or repair any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater where a public sewer is within five hundred feet of the property line and where permission to enter such sewer can be obtained from the authority having jurisdiction over it.
An application may be made in writing to the Board to declare the Public Sewer "Not Available" if a building is more than one hundred and fifty feet from the nearest public sewer.
This connection requirement is enforced by the Board of Health as defined by this Regulation and Massachusetts General Law, Chapter 83, section 11.
It has been the Board of Health policy since 1983 to require properties to connect to the sewer system at the time of sale or at the time of septic system/cesspool failure, if the sewer is "available". If a property owner is anticipating a sale and town sewer is available, there is no need for a Title 5 inspection, as a sewer connection is required regardless of inspection results.
Property owners who have special circumstances they would like the Board of Health to consider should make a written request to the Board. This request should include an explanation of why they do not want to make the sewer connection, estimates of the proposed connection cost and a copy of a Title 5 inspection report with a Passing Category.