310 CMR, § 15.405 - Contents of Local Upgrade Approval
(1) In
granting local upgrade approvals pursuant to
310
CMR 15.404(3) where full
compliance as defined in
310
CMR 15.404(1) is not
feasible, the Approving Authority shall consider the impact of the proposed
system and shall vary to the least degree necessary the requirements of
310
CMR 15.100 through
15.293 so as to allow for
both the best feasible upgrade within the borders of the lot, and have the
least effect on public health, safety, welfare and the environment. Under a
local upgrade approval, the Approving Authority is allowed to diverge from the
goal of full compliance only to the extent necessary to achieve a feasible
upgrade and may allow divergence only from those provisions, and to the extent,
as specified in
310
CMR 15.404(3) and
15.405(1).
In determining whether full compliance is feasible, the Approving Authority
should appropriately consider not only physical possibility as dictated by the
conditions of the site, but also the economic feasibility of the upgrade costs.
The Approving Authority should emphasize protection of water resources and
treatment of the sanitary sewage. Absent conditions which would result in a
different outcome based on best professional judgment, the options set forth
below should be considered in the order in which they appear with
310
CMR 15.405(1)(a) being the
first option to be considered and rejected or adopted and
310
CMR 15.405(1)(k) being the
last option to be considered and rejected or adopted:
(a) Reduction of system location setbacks
otherwise established in
310
CMR 15.211 for property lines provided that
the system is within the property lines, a survey of the property line is
required if a component is to be placed within five feet of the property line,
and no such reduction shall result in the soil absorption system being located
less than ten feet from a soil absorption system on an abutting
property;
(b) Reductions of system
location setbacks from cellar wall, crawl space, swimming pool, or slab
foundations; an increase in the maximum allowable depth of system components
required by
310
CMR 15.221(7), from 36
inches to 72 inches below finish grade, provided that adequate venting and
adequate access are provided and H-20 loading is provided for all system
components; a decrease in the liquid depth of the septic tank required by
310
CMR 15.223(2) from four
feet to three feet;
(c) Up to a 25%
reduction in the required subsurface disposal area design
requirements;
(d) Where upgrade is
required pursuant to
310
CMR 15.303(1) because it is
within Zone I of public well or within 100 feet of private well, relocation of
the well. Any relocation of a public well shall be performed pursuant to
310 CMR
22.00: Drinking Water (water supply
source approval);
(e) Reduction of
system location setbacks from bordering vegetated wetlands;
(f) Reduction of system location setbacks
from surface waters, salt marshes, inland and coastal banks, certified vernal
pools in accordance with
310
CMR 15.211(1) [2], leaching
catch basins, dry wells, or surface or subsurface drains other than those which
discharge to surface water supplies or tributaries thereto;
(g) Reduction of system location setbacks
from water supply lines, private water supply wells (but not within 50 feet of
the well), tributaries to surface water supplies, surface water supplies, but
not within 100 feet of the surface water supply or tributary thereto or open,
surface or subsurface drains which discharge to surface water supplies or
tributaries thereto;
(h) the
Approving Authority may reduce the required four foot separation (in soils with
a recorded percolation rate of more than two minutes per inch) or the required
five foot separation (in soils with a recorded percolation rate of two minutes
or less per inch) between the bottom of the soil absorption system and the high
groundwater elevation only if all of the following conditions are met:
1. An approved Soil Evaluator who is a member
or agent of the local Approving Authority determines the high groundwater
elevation;
2. A minimum three foot
separation (in soils with a recorded percolation rate of more than two minutes
per inch) or a minimum four foot separation (in soils with a recorded
percolation rate of two minutes or less per inch) between the bottom of the
soil absorption system and the high groundwater elevation is
maintained;
3. The system is a
failed or non-conforming system serving an existing building with a design flow
of less than 2,000 gpd;
4. No
increase in design flow is allowed;
5. No reduction in required soil absorption
system size or setbacks from public or private wells, bordering vegetated
wetlands, surface waters, salt marshes, coastal banks, certified vernal pools,
water supply lines, surface water supplies or tributaries to surface water
supplies, or drains which discharge to surface water supplies or their
tributaries, is allowed.
(i) A sieve analysis may be performed in
accordance with Department guidance if a percolation test in accordance with
310
CMR 15.104 and
15.105 can not be performed
as determined by the Approving Authority;
(j) Reduction of the requirement of a 12 inch
separation between the inlet and outlet tees and high groundwater, provided
that all boots or pipe joints are sealed with hydraulic cement or installed
with watertight sleeves and the tank is proven watertight. Expandable foam
spray is not an acceptable alternative for sealing pipe joints; or
(k) At least one deep hole has been performed
in the proposed disposal area and it has been determined by the Approving
Authority that the deep hole adequately characterizes the soils for the purpose
of designing the soil absorption system.
(2) No application for a local upgrade
approval in which the setback from property lines or a private water supply
well is reduced shall be complete until the applicant has notified all abutters
whose property or well is affected by certified mail at his or her own expense
at least ten days before the Board of Health meeting at which the upgrade
approval will be on the agenda. The notification shall reference the standards
set forth in
310
CMR 15.402 through
15.405 and indicate the date,
time and place where the upgrade approval will be discussed.
(3) If the system cannot be upgraded in
accordance with
310
CMR 15.404 and
15.405(1)
the owner shall:
(a) obtain a groundwater
discharge permit pursuant to
314 CMR
5.00: Ground Water Discharge Permit
Program;
(b) apply to the
Approving Authority to use a tight tank in accordance with the provisions of
310
CMR 15.260;
(d) abandon the system in compliance with
310
CMR 15.354.
Notes
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