310 CMR 15.003 - Coordination with Local Approving Authorities
(1) In general, full compliance with the
provisions of
310 CMR
15.000 is presumed by the Department to be protective
of the public health, safety, welfare and the environment. Specific site or
design conditions, however, may require that additional criteria be met in
order to achieve the purpose or intent of
310 CMR
15.000.
(2) The approval of any system, including the
issuance of Disposal System Construction Permits, Local Upgrade Approvals, and
Certificates of Compliance, shall be by the Local Approving Authority, except
that the Department shall be the Approving Authority for systems owned or
operated by an agency of the Commonwealth or of the federal government, for
systems serving a facility with a design flow of 10,000 gallons per day or
greater, and for variances granted in accordance with
310
CMR 15.416. Unless otherwise specified
herein, the following systems or circumstances are approved by the Department
only:
(b) upgrade or expansion of systems with a
design flow of 10,000 gpd or greater but less than 15,000 gpd, or continued use
of systems subject to
310
CMR 15.304(2); and
(c) any system or proposed system which the
Department determines requires its review for the purposes of protection of
public health, safety, welfare and the environment, or determining consistency
with 310 CMR
15.000.
(3) Local approving authorities may enact
more stringent regulations to protect public health, safety, welfare and the
environment only in accordance with M.G.L. c. 111, § 31.
(4) Local requirements, or portions thereof,
which were in effect prior to March 31, 1995 and which are less stringent than
310 CMR
15.000 shall not be applied to new construction,
upgrade or expansion of existing systems.
(5) Local regulations adopted under M.G.L. c.
111, § 31 shall be filed with the Department's Boston Office in accordance
with M.G.L. c. 21A, § 13.
Notes
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