Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 15.000 - The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage › Subpart E - PROCEDURES FOR SEEKING AND RECEIVING LOCAL UPGRADE APPROVALS AND VARIANCES FROM THE PROVISIONS OF SUBPARTS B AND C OF 310 CMR 15.000 › Section 15.405 - Contents of Local Upgrade Approval

Current through Register 1525, July 5, 2024
(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.