reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.10 - Notice of Orders

Current through Register 1525, July 5, 2024
The Commissioner shall, following completion of the recording
				procedures pursuant to
				310 CMR
				13.09, send by certified mail a copy of the
				Order and plan to each person having an interest in wetlands who was given
				notice and to the clerk and board of assessors of each city or town in which
				the affected wetlands are located.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.11 - Recording in the Public Restriction Tract Index

Current through Register 1525, July 5, 2024
If any county or district having inland wetlands or flood plain
				areas affected by an Order has established a Public Restriction Tract Index
				pursuant to M.G.L. c. 184, § 33, the Commissioner shall request that the
				Order or any Amending, Modifying or Repealing Order, be indexed in the Public
				Restriction Tract Index for that county or district and that reference be made
				to the Order, list and plan. The Order shall be indexed pursuant to the
				statutory procedures established under M.G.L. c. 184, § 33 as most
				recently amended, and pursuant to the rules established by the Register of
				Deeds for the county or district.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.12 - Amending or Modifying Orders

Current through Register 1525, July 5, 2024
Prior to adopting any Amending or Modifying Order under M.G.L.
				c. 131, § 40A, the Commissioner shall first give notice as required by,
				and shall hold a public hearing pursuant to,
				310 CMR 13.03 and
				13.05. The
				Commissioner shall also conduct any boundary delineation procedures as required
				by
				310
				CMR 13.07.
Any Amending or Modifying Order shall be adopted and recorded
				in the manner required by
				310 CMR 13.08
				and
				13.09, and a
				copy of the Amending or Modifying Order and plan shall be sent by certified
				mail to those assessed owners affected by the Amending or Modifying
				Order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.13 - Repeal of Orders

Current through Register 1525, July 5, 2024
Prior to adopting any Repealing Order under M.G.L. c. 131,
				§ 40A, the Commissioner shall first give notice in the manner required by
				310 CMR
				13.05.
Any Repealing Order shall be adopted and recorded in the manner
				required by
				310 CMR 13.08
				and
				13.09 and a
				copy of the Repealing Order and plan shallbe sent bycertified mailto those
				persons whose names appear on the list of assessed owners recorded with the
				Order being repealed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.14 - Correcting Orders

Current through Register 1525, July 5, 2024
Any person having an ownership interest in inland wetlands or
				flood plain areas affected by any Order adopted pursuant to M.G.L. c. 131,
				§ 40A, and who has reason to believe that the wetland or flood plain
				boundary or encroachment line of his or her wetland or flood plain areas has
				been incorrectly delineated on the plan which has been included with an Order,
				may request the Department to have the location of his or her boundary or
				encroachment line redrawn on a corrected plan.
Upon receipt of the request, a representative of the Department
				shall, within 15 days, arrange to conduct an on-site field inspection. If the
				Department finds that the boundary or encroachment line is incorrectly
				delineated, the Commissioner shall record, pursuant to the procedures provided
				in
				310 CMR 13.09
				and send to the person requesting the correction, a corrected plan with the new
				boundary or encroachment line delineated thereon. The Commissioner may also
				correct any typographical, grammatical or other errors contained in any Order
				by recording a copy of the corrected Order pursuant to the procedures provided
				in
				310 CMR 13.09
				and by sending a copy of the corrected Order to the assessed owner or person
				having an ownership interest in inland wetlands or flood plain areas affected
				by the Order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.15 - Monitoring Procedures

Current through Register 1525, July 5, 2024
The Commissioner shall periodically review and examine the
				inland wetlands affected by Orders.
In addition, any person who has an interest in any inland
				wetland or flood plain area affected by an Order may request the Department of
				Environmental Protection to conduct a review. Upon receipt of the request, the
				Department shall conduct an on-site inspection. If the Commissioner determines,
				following examination, that significant change has occurred in any such inland
				wetland or flood plain area, the Department shall adopt an Amending, Modifying
				or Repealing Order or shall correct the Order pursuant to the procedures
				provided in
				310 CMR
				13.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.16 - Department Review of Orders

Current through Register 1525, July 5, 2024
Any Conservation Commission, Mayor or Board of Selectmen may
				petition the Department to conduct a review to determine if an Order has been
				violated. Upon receipt of such a petition, the Department shall conduct an
				on-site inspection of the area and shall take corrective measures as are
				warranted. Any abutter or other person having an interest in any inland wetland
				affected by an Order may request a review to determine if an Order has been
				violated, to be granted at the discretion of the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.17 - Judicial Review of Orders

Current through Register 1525, July 5, 2024
Any person having an ownership interest, any lessee holding
				lease of 25 years length or more, and any mortgagor having an interest in land
				affected by any such Order, may within 90 days after receiving notice thereof,
				petition the Superior Court to determine whether such Order so restricts the
				use of his property as to deprive him of the practical uses thereof and is
				therefore an unreasonable exercise of the police power because the Order
				constitutes the equivalent of a taking without compensation.
If the court finds the Order to be an unreasonable exercise of
				the police power, and enters a finding that such Order shall not apply to the
				land of the petitioner, the Commissioner shall cause a copy of such finding to
				be recorded in the proper registry of deeds or, if the land is registered, in
				the registry district of the land court.
The Department may, after a finding has been entered that such
				Order shall not apply to certain land as provided in the preceding paragraph,
				take the fee or any lesser interest in such land in the name of the
				Commonwealth by eminent domain under the provisions of M.G.L. c. 79 and hold
				the same for the purposes set forth in 310 CMR 13.17.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.18 - Public Meetings

Current through Register 1525, July 5, 2024
The Commissioner may, from time to time, hold public meetings
				in any municipality in which inland wetlands or flood plain areas are located,
				for the purpose of describing or explaining the status of the Inland Wetlands
				Restriction Program or any other aspect of the Program.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.19 - Effect on Other Orders

Current through Register 1525, July 5, 2024
All Orders adopted under M.G.L. c. 131, § 40A prior to the
				effective date of
				310 CMR 13.00 shall remain in
				full force and effect.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.20 - Existing Structures

Current through Register 1525, July 5, 2024
Any existing buildings or structure within an area subject to
				an Order of Restriction may continue to exist and may be repaired and
				maintained.
Any existing building or structure which is accidentally
				destroyed, may be rebuilt on the same location but no larger than the original
				overall dimensions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.21 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR 13.00 is held to be
				invalid, such invalidity shall not affect any provision of
				310 CMR 13.00 not
				specifically held to be invalid.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.23 - (Inland): Storm Emergency Provisions in the Aftermath of TROPICAL STORM SANDY (ON OR ABOUT OCTOBER 28, 2012)

Current through Register 1525, July 5, 2024
The terms of any restriction order adopted pursuant to M.G.L.
				c. 131, § 40A, that are inconsistent with the provisions of
				310
				CMR 10.61:
Storm Emergency
				Regulations in the Aftermath of TROPICAL STORM SANDY (ON OR ABOUT OCTOBER 28,
				2012)
shall not prohibit work undertaken in accordance with
				310
				CMR 10.61. Work initiated in accordance with
				310
				CMR 10.61 may continue until FEBRUARY 23,
				2013 if an Emergency Certification pursuant to
				310 CMR 10.06:
Emergencies
or 10.61 is granted not later than DECEMBER 26,
				2012.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.001 - Purpose, Authority and Related Provisions

Current through Register 1525, July 5, 2024
(1) The purpose of Title 5,
				310 CMR 15.000, of the State
				Environmental Code is to provide for the protection of public health, safety,
				welfare and the environment by requiring the proper siting, construction,
				upgrade, and maintenance of on-site sewage disposal systems and appropriate
				means for the transport and disposal of septage.
(2)
									310 CMR 15.000 is
				promulgated pursuant to the authority of M.G.L. c. 21A, § 13.
(3) The provisions of
				310 CMR 15.000 should be
				read together with
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
which applies to all discharges to
				ground of sanitary sewage.
(4)
				Title 5,
				310 CMR 15.000, should be
				read together with M.G.L. c. 21A, §§ 13 and 13A, M.G.L c. 21
				§§ 26 through 53, M.G.L. c. 111, §§ 17, 27, 27A, 27B, 27C,
				30, 31, 31A, 31B, 31C, 31D, 31E, 122, 124, 125, 125A, 127, 127A, 127P, 127B and
				129; M.G.L. c. 83, § 11; M.G.L. c. 131, § 40; St. 1996, c. 204,
				§ 148; and St. 2002, c.176; St. 2004, c. 149, § 39.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.003 - Coordination with Local Approving Authorities

Current through Register 1525, July 5, 2024
(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:
(a) alternative systems which are
				proposed in compliance with
				310
				CMR 15.280 through
				15.289;
(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.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.004 - Applicability

Current through Register 1525, July 5, 2024
(1) The Approving Authority shall not approve
				the construction, upgrade, or expansion of an on-site subsurface sewage
				disposal system unless it is:
(a) a system
				serving or designed to receive only sanitary sewage from a facility where the
				total design flow generated on the facility, is less than 10,000 gallons per
				day;
(b) a system upgrade
				approvable in accordance with
				310
				CMR 15.403 or
				310
				CMR 15.404; or
(c) a facility for which subdivision approval
				has been obtained, to construct dwellings with a cumulative total design flow
				of 10,000 gpd or greater provided that a disposal system construction permit to
				construct a system in compliance with
				310 CMR
				15.000 on each of the subdivision lots to be served by
				a system is obtained and such separate subdivision lots are to be conveyed to
				independent owners.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.006 - Facilities with a Design Flow of 10,000 gpd or Greater but Less than 15,000 gpd

Current through Register 1525, July 5, 2024
(1) It shall be the duty of each owner or
				operator of systems with a design flow of 10,000 gpd or greater to ascertain
				the actual design flow of their system or systems.
(2) The Department may require the issuance
				of a groundwater discharge permit pursuant to
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
and the installation of technology
				capable of discharging effluent which meets groundwater standards pursuant to
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
for any system with design flow of
				10,000 gpd or greater but less than 15,000 gpd unless the Department determines
				after consideration of the factors set forth in
				310
				CMR 15.304(3)  that this
				requirement would be manifestly unjust, considering all the relevant facts and
				circumstances of the individual case, and the owner or operator has established
				that a level of environmental protection that is at least equivalent to that
				provided by
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
can be achieved without strict
				application of 310 CMR 15.006.
(3)
				There shall be no increased flow to an existing system which results in a
				design flow of 10,000 gpd or greater except in accordance with a variance
				issued by the Department pursuant to
				310 CMR
				15.414.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.007 - Campgrounds

Current through Register 1525, July 5, 2024
(1) For the purposes of
				310 CMR 15.000, a campground
				is any facility which is regulated pursuant to 105 CMR 430.00:
Minimum
				Standards for Recreational Camps for Children (State Sanitary Code: Chapter
IV) or 440.00:
Minimum Standards for Developed Family Type
				Campgrounds (State Sanitary Code: Chapter
VI) and/or is a campground
				operated by the Department of Conservation and Recreation in a State
				Park.
(2) Except as otherwise set
				forth in 310 CMR 15.007(3) and (4), a campground in existence on December 1,
				1993 with design flows in excess of 10,000 gpd but less than 15,000 gpd and
				which receives only temporary use is in compliance with
				310 CMR 15.000 provided that
				all of the following conditions are met:
(a)
				the campground is not subject to an existing enforcement order issued by the
				local Approving Authority, the Department or court;
(b) the campground is not failing to protect
				public health or safety or the environment pursuant to
				310
				CMR 15.304(2);
(c) each system serving the facility is in
				compliance with
				310 CMR 15.000;
(d) no single system on the facility has a
				design flow in excess of 10,000 gpd;
(e) no system is less than 100 feet from
				another system;
(f) systems on the
				campground are inspected and maintained in accordance with
				310 CMR
				15.300 through
				15.354,
				including necessary upgrade of systems or components;
(g) no sewage from mobile home tight tanks
				which has been fixated or treated with chemical additives, except as approved
				by the Department, is disposed of at the campground; and
(h) no additional flows of sewage are added
				over the approved design flow of the system as of March 1, 1995.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.010 - Division and Aggregation of Facilities

Current through Register 1525, July 5, 2024
(1)
				Ownership of a facility and the design flow of the facility shall be determined
				whenever application is made for a Disposal System Construction
				Permit.
(2) Prior to dividing a
				facility all existing systems shall be inspected in accordance with
				310 CMR
				15.301(8). The division of a
				facility shall not be approved unless the Approving Authority has determined
				that the division will not put existing systems in noncompliance with the Title
				5 and the applicant has demonstrated to the satisfaction of the Approving
				Authority that the division of property will not prevent the upgrade of
				existing systems in accordance with Title 5. Failed systems shall be upgraded
				in accordance with
				310 CMR
				15.305. Existing systems shall be altered as
				required by the Approving Authority for each new facility divided out of the
				original facility. Prior to the division of a facility, any shared systems to
				be created as a result of the division shall comply with
				310 CMR 15.290,
				and the owner(s) or operator(s) shall obtain a shared system approval if the
				system will serve more than one facility after division of the
				facility.
(3) If two or more
				facilities in separate ownership are later joined into single ownership control
				after construction of systems to serve the separate facilities, the owner or
				operator of the new combined facility shall obtain a Certificate of Compliance
				from the Approving Authority for the new, combined facility within one year. If
				the total design flow from the facility is 10,000 gpd or greater, the owner
				shall have an inspection of all of the systems pursuant to
				310 CMR 15.301(6)
				 and
				15.302
				completed within one year.
(4)
				Whenever the Department or the local Approving Authority determines, based upon
				consideration of one or more of the factors in
				310
				CMR 15.011, that facilities asserted to be in
				separate ownership or control shall be regulated as a single facility, the
				Department or the local Approving Authority, based on the total design flow
				from the single facility, may order the single facility to comply with the
				requirements of
				310 CMR
				15.202 (Recirculating Sand Filters) or the
				Department may order the single facility to comply with the requirements of
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
by obtaining a groundwater discharge
				permit.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.011 - Criteria to Assess Whether Facilities are in Separate Ownership or Control

Current through Register 1525, July 5, 2024
(1) In assessing whether facilities are in
				single ownership for purposes of determining whether the total design flow
				exceeds the 2,000 gpd threshhold of
				310 CMR
				15.202 (recirculating sand filters) or the
				permitting, treatment and effluent standard requirements of
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
, the Approving Authority may consider
				one or more of the following factors:
(a)
				whether the owner or operator of facilities asserted to be in separate
				ownership operate the facilities independently, including whether there are any
				common or related beneficiaries among the separate ownership entities, and
				whether each owner acts with due regard for the independent financial interests
				of the owner, operator and any beneficiaries of the assertedly separate
				facilities;
(b) whether, and the
				extent to which, legal agreements exist which provide the owner or operator of
				facilities asserted to be in separate ownership the right to access each
				other's facilities and/or to use and share financial responsibility for common
				buildings, infrastructure, or services;
(c) the existence of some evidence that
				ownership or control of the facilities asserted to be in separate ownership or
				control was arranged to circumvent the requirements of
				310 CMR
				15.202 (Recirculating Sand Filters), or
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
, including evidence that two or more
				facility owners have acted in concert to acquire or dispose of adjacent
				properties to avoid the above regulatory requirements;
(d) the effect of the facilities on the
				public health and environment, including an evaluation of whether the
				facilities provide local groundwater recharge and/or are cluster developments
				that preserve open space.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.017 - Approval of Soil Evaluators

Current through Register 1525, July 5, 2024
(1) Any person who
				meets the criteria of 310 CMR 15.017(2) and who passes a standardized
				examination prepared and administered by the Department or an agent of the
				Department shall be approved as a Soil Evaluator by the Department.
(2) Eligibility for the examination described
				in 310 CMR 15.017(6) may be demonstrated to the Department, or an agent
				authorized by the Department, by people with the following qualifications:
(a) Massachusetts Registered
				Sanitarians;
(b) Massachusetts
				Registered Professional Engineers;
(c) Engineers in Training (EIT certificate)
				with a concentration in civil, sanitary or environmental engineering;
(d) Massachusetts Registered Land
				Surveyors;
(e) Certified Health
				Officers;
(f) Board of Health
				Members or Agents;
(g) Employees of
				the Department involved in the administration of
				310 CMR 15.000;
(h) Those with a Bachelor of Arts or Sciences
				degree, or more advanced degree in Soil or Geological Sciences from an
				accredited college or university; or
(i) Those successfully completing a minimum
				of 15 semester credits in soil science courses from an accredited institution.
				At least three of the 15 credits must be in Soil Genesis, Classification,
				Morphology and Mapping. The remaining soil science credits must be in at least
				three of the following six categories: Introductory Soil Science; Soil
				Chemistry/ Fertility; Soil Physics; Soil Microbiology/Biochemistry; Soil Survey
				Interpretations/Soils and Land-use/Soils and the Environment; and Independent
				Study/Seminar/Geology.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.018 - Function of Soil Evaluators

Current through Register 1525, July 5, 2024
(1) The function of
				the Soil Evaluator is to enhance the review and approval of proposed systems by
				ensuring that appropriate expertise in soil identification, groundwater
				hydrology, and topography is available when the characteristics of the proposed
				disposal area are determined for purposes of applying the siting and design
				criteria set forth in
				310 CMR 15.000. Soil
				Evaluators may perform the site evaluation required by
				310 CMR 15.100
				while acting either as an agent of an Approving Authority (a fee may be
				assessed pursuant to M.G.L. c. 40, § 22F), or as an independent agent of
				the owner in the presence of the Approving Authority. If the evaluator is an
				agent or member of the Approving Authority having jurisdiction over the system,
				he or she shall not act as an agent for the owner.
(2) Based upon an evaluation of the
				suitability of the proposed disposal area for a proposed, upgraded or expanded
				system in accordance with
				310 CMR 15.100
				through
				15.107,
				the Soil Evaluator shall certify to the Approving Authority and the Designer as
				to the accuracy of the soil evaluation in conformance with
				310 CMR 15.100
				through
				15.107.
				The certification shall contain a recitation of the facts and rationale
				underlying the soil evaluation and a copy of the soil evaluation form. The soil
				evaluator shall submit the results to the Approving Authority with the
				following statement:
I certify that I am currently approved by the Department of
				  Environmental Protection pursuant to
				  310 CMR
				  15.017 to conduct soil evaluations and that
				  the above analysis has been performed by me consistent with the required
				  training, expertise, and experience described in
				  310 CMR
				  15.017. I further certify that the results of
				  my soil evaluation, as indicated on the attached soil evaluation form, are
				  accurate and in accordance with
				  310 CMR 15.100
				  through
				  15.107.
Any certifications shall be forwarded to the Approving
				  Authority, the Designer and the property owner. Failure to forward
				  certifications to the Approving Authority within 60 days of the date of the
				  field testing shall be cause for revocation of the Soil Evaluator's
				  approval.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.019 - Disposal System Installer's Permit

Current through Register 1525, July 5, 2024
No individual shall engage in the construction, upgrade,
				  modification, emergency repair, or expansion of any on-site system without
				  first obtaining a Disposal System Installer's Permit from the Approving
				  Authority. Disposal System Installer Permits shall be issued for a period of
				  not more than two years. The Local Approving Authority shall issue Disposal
				  System Installer Permits only to those individuals who have demonstrated
				  knowledge of and experience with the proper construction and installation of
				  systems in accordance with
				  310 CMR 15.000. The
				  Approving Authority, by issuance of an order, may suspend or revoke a Disposal
				  System Installer's Permit, for a time specified in the order, when it
				  determines that the Installer has failed to comply with
				  310 CMR 15.000 with respect
				  to the installation of one or more systems, including, without limitation, the
				  Installer's failure to provide the certification required by
				  310 CMR
				  15.021(3), or the
				  Installer's installation or certification of a system that fails to comply with
				  the Disposal System Construction Permit.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.022 - Duty of Compliance

Current through Register 1525, July 5, 2024
Except as otherwise specified, the duty to comply with the
				  provisions of
				  310 CMR 15.000 with regard
				  to any system shall be upon the owner(s) and the operator(s) of a facility
				  served by a system, jointly and severally.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.023 - Approving Authority Access

Current through Register 1525, July 5, 2024
The local Approving Authority or the Department may at any
				  reasonable time examine facilities served by systems in order to determine
				  compliance with
				  310 CMR 15.000 and any
				  permits, approvals or orders issued under
				  310 CMR 15.000 or under
				  local authority. If access to a facility is denied or restricted, the local
				  Approving Authority or the Department may seek a warrant in order to obtain
				  access. The filing of an application for a Disposal System Construction Permit
				  or other approval under
				  310 CMR 15.000 shall
				  constitute the applicant's consent for entry at reasonable times for these
				  purposes.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.024 - Violations of 310 CMR 15.000

Current through Register 1525, July 5, 2024
Violations of Title 5 shall include but not be limited to the
				  following:
(1) construction or use of
				a system in any manner that is not in compliance with an applicable Disposal
				System Construction Permit, Certificate of Compliance, or the terms and
				conditions of any other approval or order issued by the Approving Authority or
				the Department;
(2) construction or
				use of a system prior to obtaining the applicable Disposal System Construction
				Permit, Certificate of Compliance, or any other approval or order issued by the
				Approving Authority or the Department;
(3) use, modification, or alteration of a
				facility in such a way that a larger system is required under
				310 CMR 15.000 using the
				design flows at
				310 CMR
				15.203 without the approval of the Approving
				Authority in accordance with
				310 CMR 15.000;
(4) aggregation of facilities or division of
				a facility into separate facilities without complying with the provisions of
				310 CMR
				15.010;
(5) construction, upgrade, or expansion of a
				system without the prior approval of the Approving Authority or the Department
				in the form of a Disposal System Construction Permit or approval of an
				emergency repair;
(6) failure to
				upgrade systems or to take other necessary corrective actions as ordered or
				otherwise directed by the Approving Authority or the Department in accordance
				with
				310 CMR 15.000;
(7) failure to obtain an inspection in
				accordance with
				310 CMR 15.000 when and as
				required by
				310 CMR
				15.301;
(8) discharge of effluent directly or
				indirectly to the surface of the ground through ponding or surface breakout
				above the disposal area or to a surface water of the Commonwealth;
(9) violation of any other provision of
				310 CMR 15.000;
(10) violation of the terms and conditions of
				a deed restriction, covenant or easement recorded or imposed pursuant to
				310 CMR 15.000;
(11) failure to submit a soil evaluation to
				the Approving Authority as required by
				310 CMR
				15.018(2);
(12) failure to submit an inspection form to
				the Approving Authority as required by
				310 CMR
				15.301(10);
(13) making any false, inaccurate, incomplete
				or misleading statement in any submission required by
				310 CMR 15.000;
(14) making any false, inaccurate, incomplete
				or misleading statement in any record, report, plan, file, log, register, or
				other document required to be kept pursuant to
				310 CMR 15.000; or
(15) failure to provide any information
				required by the Approving Authority under
				310 CMR 15.000.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.025 - Enforcement by Approving Authorities

Current through Register 1525, July 5, 2024
(1) The
				provisions of
				310 CMR 15.000 shall be
				implemented and enforced by the Approving Authority with oversight and
				assistance by the Department as necessary or as set forth in
				310 CMR 15.000.
(2) Local Approving Authorities may enforce
				the provisions of
				310 CMR 15.000 in the same
				manner in which local health rules and regulations are enforced.
(3) The Department may enforce the provisions
				of
				310 CMR 15.000 under
				applicable provisions of M.G.L. c. 21, §§ 26 through 53; M.G.L. c.
				21A, §§ 13, 13A and 16 and any other applicable law. In addition, the
				Department may require any person to provide information as the Department may
				reasonably require to determine whether that person is subject to or in
				violation of M.G.L. c. 21A, §§ 13, 13A and 16,
				310 CMR 15.000, and/or
				M.G.L. c. 21, §§ 26 through 53 and the Department regulations
				promulgated thereunder.
(4) The
				local Approving Authority or the Department may document the noncompliance of
				an owner or operator of a system through the issuance of a notice of
				noncompliance which requests the recipient to perform actions necessary to come
				into compliance with
				310 CMR 15.000. Such letter
				is not an order and is not appealable pursuant to 310 CMR 15.420 through
				15.422.
(5) Whenever a Local Approving Authority
				fails to enforce
				310 CMR 15.000 within a
				reasonable time, the Department may act to affect compliance with
				310 CMR 15.000. Nothing in
				310 CMR 15.025 shall be construed to limit the authority of the Department to
				take any action pursuant to M.G.L. c. 21 or other applicable law.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.026 - Orders

Current through Register 1525, July 5, 2024
(1) The Local Approving Authority or the
				Department may issue orders requiring the owner or operator of a facility, or a
				system inspector, system installer, designers, soil evaluator, or the holder of
				a permit, approval or certification issued pursuant to
				310 CMR 15.000 to come into
				compliance with the provisions of
				310 CMR 15.000 or to take
				any other action necessary to protect public health, safety, welfare or the
				environment. Any person aggrieved by such orders may appeal to any court of
				competent jurisdiction pursuant to
				310 CMR
				15.421 if such order is issued by the local
				Approving Authority. Any person who is subject to an order issued by the
				Department may request an adjudicatory hearing pursuant to
				310 CMR
				15.422.
(2) Unless otherwise stated in
				310 CMR 15.000, orders may
				be served on any person responsible for a violation of
				310 CMR 15.000 in accordance
				with the following procedure:
(a) personally,
				by any person authorized to serve civil process, or
(b) by any person authorized to serve civil
				process by leaving a copy of the order at his or her last and usual place of
				abode, or
(c) by sending him or her
				a copy of the order by registered or certified mail, return receipt requested,
				if his or her last and usual place of abode can be determined based on a review
				of the local tax assessor's records, or
(d) if his or her last and usual place of
				abode is unknown, by posting a copy of the order in a conspicuous place on or
				about the facility and by advertising it for at least three out of five
				consecutive days in one or more newspapers of general circulation within the
				municipality wherein the affected facility is situated.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.027 - Prohibition of Septic System Additives

Current through Register 1525, July 5, 2024
(1) It
				shall be a violation of
				310 CMR 15.000 for any
				approved System Inspector, Soil Evaluator, Permitted System Installer or
				Septage Hauler to add, place, introduce or recommend the addition, placement or
				introduction of septic system additives to any system without the prior written
				determination of the Department that the additive has met the criteria set
				forth in 310 CMR 15.027(3). The Department shall maintain and publish a list of
				allowed septic system additives.
(2) It shall be a violation of
				310 CMR 15.000 for any
				person to add, place or introduce septic system additives to any system without
				the prior written determination of the Department that the additive has met the
				criteria set forth in 310 CMR 15.027(3).
(3) The Department may allow a septic system
				additive when it is demonstrated to the Department's satisfaction that the
				additive will not:
(a) harm the components of
				the system;
(b) adversely affect
				the functioning of the system; or
(c) adversely affect the
				environment.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.028 - Soil Absorption System Restoration

Current through Register 1525, July 5, 2024
(1) It shall be
				a violation of
				310 CMR 15.000 for any
				person or any approved System Inspector, Soil Evaluator, Permitted Installer or
				Septage Hauler to introduce, recommend the use of, or market for sale any
				physical, chemical or biological treatment process to restore or condition a
				soil absorption system that has not been approved by the Department for use as
				an alternative system pursuant to 310 CMR 15.280 through
				15.288.
				Physical treatment includes a physical application to or alteration of the
				leaching field within the soil absorption system, but is not intended to
				include pumping, flushing, and routing of pipes or any mechanical methods of
				repairing existing components. The Department shall maintain and publish a list
				of allowed treatment processes.
(2)
				It shall be a violation of
				310 CMR 15.000 for any
				person to use any physical, chemical or biological treatment process to restore
				or condition a soil absorption system that has not been approved by the
				Department for use as an alternative system pursuant to 310 CMR 15.280 through
				15.288.
(3) A Department approval of the treatment
				process use as an alternative system pursuant to 310 CMR 15.280 through
				15.288
				shall not constitute an endorsement or approval with respect to the
				effectiveness or performance of the treatment process. Representation by any
				person that such Department determination constitutes such endorsement or
				approval shall be a violation of
				310 CMR 15.000.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.029 - Construction of Wells Near Existing Systems

Current through Register 1525, July 5, 2024
It is a violation of
				  310 CMR 15.000 for any
				  person to construct or install a water supply well closer to a system component
				  than the relevant setbacks set forth in
				  310 CMR
				  15.211.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.030 - Records

Current through Register 1525, July 5, 2024
(1) The Approving Authority shall maintain
				records for each system within its jurisdiction and shall keep on file copies
				of the following documents:
(a) applications,
				plans and specifications for the construction, upgrade or expansion of on-site
				subsurface sewage disposal systems, including all forms and data submitted by
				the applicant and Soil Evaluator;
(b) disposal system construction
				permits;
(c) as-built plans
				indicating all modifications to the approved plans subsequent to the issuance
				of a Disposal System Construction Permit;
(d) reports of construction inspections made
				prior to issuance of a Certificate of Compliance;
(e) Certificates of Compliance issued or
				denied;
(f) inspection forms and
				plans and specifications for the upgrade or expansion of failing or
				nonconforming on-site subsurface sewage disposal systems in compliance with
				310 CMR
				15.300 through
				15.354;
(g) system pumping records;
(h) Letters of Non-compliance issued;
(i) local enforcement actions
				taken; and
(j) disposal system
				installers permits.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.040 - Advisory Committee

Current through Register 1525, July 5, 2024
An Advisory Committee shall be appointed by the Commissioner
				  of the Department to consult with the Department regarding the implementation
				  of
				  310 CMR 15.000 and to make
				  recommendations regarding regulatory revisions as appropriate. The advisory
				  committee shall at a minimum consist of representatives from health boards,
				  environmental, real estate, and homebuilders organizations and a concerned
				  citizen. The advisory committee shall meet at least quarterly and the members
				  shall serve without compensation. The Commissioner may invite the heads of
				  other state agencies to delegate representatives to the Advisory
				  Committee.
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 A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.050 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				  310 CMR 15.000 are
				  severable. If any provision of
				  310 CMR 15.000 is declared
				  to be invalid or inapplicable to any particular circumstance, that invalidity
				  or inapplicability will not effect the enforceability of the remainder of
				  310 CMR 15.000.