reglab/statecodes huggingface dataset:
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.300 - Purpose and General Provisions

Current through Register 1525, July 5, 2024
(1) The proper
				operation and maintenance of all systems is essential to their proper
				functioning, to the avoidance of public health hazards and to the protection of
				the environment. 310 CMR 15.300 is intended to ensure the proper operation and
				maintenance of all systems. The goal of system inspection is to provide
				sufficient information to make a determination as to whether or not the system
				is adequate to protect public health and the environment. If any of the
				criteria or conditions listed on the inspection form and specified in
				310
				CMR 15.303 and
				15.304
				are met, the system is failing to protect public health or the environment and
				must be repaired, replaced or upgraded.
(2) The provisions of
				310
				CMR 15.303 and
				15.304
				represent an initial effort to identify and upgrade those failed systems which
				pose the greatest risk to public health and safety, and to the waters of the
				Commonwealth.
(3) The Department
				shall produce educational materials suitable for distribution to the general
				public describing the importance of proper maintenance and operation of on-site
				systems and the impact of such systems on public health and the environment. In
				addition to its own distribution, the Department shall make such materials
				available to Local approving authorities and other interested
				persons.
(4) Any person owning or
				operating a facility on which an on site subsurface sewage treatment and
				disposal system is installed shall be responsible for the inspection and
				maintenance of, and any necessary upgrades to, the system.
(5) Facilities with an increase in the
				nitrogen loading rate in accordance with
				310 CMR 15.262(6) and
				(7) shall be inspected annually. The
				inspection shall document at a minimum: whether the system has been continually
				operated as approved; if the system consists of a greywater filter, whether it
				is operating properly; and whether compost and blackwater are disposed of
				off-site in accordance with all applicable laws and regulations. The results of
				each annual inspection shall be submitted to the Department and the Local
				Approving Authority by January 31st of the following
				year.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.301 - System Inspection

Current through Register 1525, July 5, 2024
(1)
Inspection at Time of Transfer
. Except as provided in
				310 CMR 15.301(2), 15.301(3), and 15.301(4), a system shall be inspected at or
				within two years prior to the time of transfer of title to the facility served
				by the system. An inspection conducted up to three years before the time of
				transfer may be used if the inspection report is accompanied by system pumping
				records demonstrating that the system has been pumped at least once a year
				during that time. If weather conditions preclude inspection at the time of
				transfer, the inspection may be completed as soon as weather permits, but in no
				event later than six months after the transfer, provided that the seller
				notifies the buyer in writing of the requirements of
				310 CMR
				15.300 through
				15.305.
				A copy of the complete inspection report shall be submitted to the buyer or
				other person acquiring title to the facility served by the system.
(2) The following transactions shall not be
				considered transfers of title for the purposes of 310 CMR 15.301(1):
(a) taking a security interest in a property,
				including but not limited to issuance of a mortgage;
(b) refinancing a mortgage or similar
				instrument, whether or not the identity of the lender remains the
				same;
(c) a change in the form of
				ownership among the same owners, such as placing the facility within a family
				trust of which the owners are the beneficiaries, or changing the proportionate
				interests among a group of owners or beneficiaries;
(d) adding or deleting a spouse as an owner
				or beneficiary; or a transfer between spouses during life, out right or in
				trust; or the death of a spouse;
(e) the appointment of or a change in a
				guardian, conservator, or trustee.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.303 - Systems Failing to Protect Public Health and Safety and the Environment

Current through Register 1525, July 5, 2024
(1) If one or more of the following
				conditions exist as documented by inspection by an approved System Inspector,
				or determined by the local Approving Authority or the Department, the system is
				failing to protect public health and safety and the environment and shall be
				upgraded in accordance with the timeframes of
				310 CMR
				15.305(1)  and the standards
				of
				310 CMR
				15.404 and
				15.405:
(a) Conditions applicable to all systems:
1. there is backup of sewage into the
				facility served by the system or any component of the system as a result of an
				overloaded and/or clogged soil absorption system or cesspool;
2. there is a discharge of effluent directly
				or indirectly to the surface of the ground through ponding, surface breakout or
				damp soils above the disposal area or to a surface water of the
				Commonwealth;
3. the static liquid
				level in the distribution box is above the level of the outlet
				invert;
4. the liquid depth in a
				cesspool is less than six inches from the inlet pipe invert or the remaining
				available volume within a cesspool above the liquid depth is less than ½
				of one day's design flow;
5. the
				septic tank or cesspool requires pumping more than four times a year;
6. the septic tank and/or the tight tank is
				made of metal, unless the owner or operator has provided the System Inspector
				with a copy of a Certificate of Compliance indicating that the tank was
				installed within the 20 year period prior to the date of the inspection; or the
				septic tank and/or the tight tank is cracked or is otherwise structurally
				unsound, indicating that substantial infiltration or exfiltration is occurring
				or is imminent;
7. a cesspool,
				privy or any portion of the soil absorption system extends below the high
				groundwater elevation;
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.304 - Large Systems which Fail to Protect or which Threaten Public Health and Safety and the Environment

Current through Register 1525, July 5, 2024
(1) A system serving
				a facility with a design flow of 10,000 gpd or greater but less than 15,000 gpd
				is failing to protect public health, safety and the environment if any of the
				conditions identified in
				310
				CMR 15.303(1)  are present,
				as documented by inspection by an approved System Inspector, or determined by
				the Local Approving Authority or the Department. Any such system shall be
				upgraded in accordance with the timeframes of
				310
				CMR 15.305(1)  and the
				standards of
				310
				CMR 15.404 and
				15.405; provided, that the
				Department shall be the Approving Authority for all such upgrades.
(2) A system serving a facility with a design
				flow of 10,000 gpd or greater but less than 15,000 gpd is a significant threat
				to public health, safety and the environment if any of the following conditions
				are present, as documented by inspection by an approved System Inspector, or as
				determined by the Local Approving Authority or the Department:
(a) the system is located within 400 feet of
				a surface water supply or within 200 feet of a tributary to a surface water
				supply; or
(b) the system is
				located within a nitrogen sensitive area as designated pursuant to
				310
				CMR 15.214;
(c) The owner or operator of any such system
				shall bring the system and the facility into compliance with the groundwater
				permit program requirements of
				314 CMR
				5.00:
Ground Water Discharge Permit
				Program
, including the obligation to obtain a groundwater discharge
				permit, within the time required by
				310
				CMR 15.305(2), 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 can be achieved without strict application of
				this requirement.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.305 - Deadlines for Completion of Upgrades

Current through Register 1525, July 5, 2024
(1) If a
				system is failing to protect public health, safety, welfare or the environment
				as set forth in
				310
				CMR 15.303(1)  or
				15.304(1),
				the owner or operator shall upgrade the system within two years of discovery
				unless:
(a) a shorter period of time is set by
				the Local Approving Authority or the Department based upon the existence of an
				imminent health hazard; or
(b) the
				continued use of the system is permitted by the Local Approving Authority in
				accordance with the provisions of an enforceable schedule for upgrade. Bases
				for continued use include, but are not limited to, proposals to connect to a
				sanitary sewer or shared system. A fiscal commitment to the sewering plan or
				shared system plan, together with an approved facility plan where appropriate,
				proposing connection or replacement of the failing system within five years,
				and an enforceable commitment by the owner to perform interim measures (for
				example, regular pumping) shall accompany any such local approval. Such
				approval shall expire in five years or upon the failure of the applicant for
				such approval to meet interim deadlines set forth in the enforceable schedule
				for upgrade and the plan. The Department may by specific written approval
				authorize the Local Approving Authority to allow a longer period of time, where
				the municipality has provided the Department a proposed implementation schedule
				for design and construction and has made a demonstrated financial commitment to
				the construction schedule. The Department may revoke any such approval if the
				approved schedule is not met.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.340 - Approval of System Inspectors

Current through Register 1525, July 5, 2024
(1) System
				Inspectors who perform inspections pursuant to
				310 CMR 15.301
				shall be approved by the Department and shall be limited to:
(a) Massachusetts Registered Professional
				Engineers with a concentration in civil, sanitary or environmental engineering;
				Massachusetts Registered Sanitarians; or Massachusetts Certified Health
				Officers;
(b) Board of Health
				members or agents with at least one year of experience at the time of
				application; Engineers in Training (EIT certified) with a concentration in
				civil, sanitary or environmental engineering; Massachusetts licensed home
				inspectors and associate home inspectors as defined in St. 1999, c. 146,
				licensed septage haulers; dispoal system installers; or other individuals with
				a minimum of one year of demonstrated experience in septic system design or
				inspection, who have attended training provided or authorized by the
				Department; and who have passed an examination prepared and administered by the
				Department or an agent authorized by the Department to qualify as an approved
				System Inspector pursuant to 310 CMR 15.340(4); or
(c) Individuals certified as on-site
				inspectors by the National Sanitation Foundation or other certifying
				organizations approved by the Department.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.351 - System Pumping and Routine Maintenance

Current through Register 1525, July 5, 2024
(1) Every
				septic tank, tight tank, or cesspool shall be pumped whenever necessary to
				ensure proper functioning of the system. Pumping is required whenever the top
				of the sludge or solids layer is within 12 inches or less of the bottom of the
				outlet tee, or the top of the scum layer is within two inches of the top of the
				outlet tee, or the bottom of the scum layer is within two inches of the bottom
				of the outlet tee. Pumping frequency is a function of use, although pumping is
				typically necessary at least once every three years, and is recommended
				annually for a system with a domestic garbage grinder. Without limiting the
				foregoing, a septic tank, tight tank, or cesspool shall be pumped when the
				owner or operator is required to do so by the Local Approving Authority or the
				Department. Whenever a system component including, but not limited to, a septic
				tank, tight tank, cesspool, grease trap, pump chamber or distribution box is
				pumped, its condition shall be noted by the system pumper on a system pumping
				form approved by the Department, and the results shall be submitted by the
				system pumper to the Approving Authority within 14 days from the pumping date.
				Such notation of the system's condition on the system pumping form shall not
				constitute a System Inspection Report submitted to the Approving Authority in
				accordance with
				310 CMR
				15.340.
(2) Grease traps shall be inspected monthly
				by the owner/operator and shall be cleaned by a licensed septage hauler
				whenever the level of grease is 25% of the effective depth of the trap, or at
				least every three months, whichever is sooner. The owner/operator shall keep
				all inspection and pumping records.
(3) Pumps, alarms and other equipment
				requiring periodic or routine inspection and maintenance shall be operated,
				inspected and maintained in accordance with the manufacturer's and the
				designer's specifications. In no instance shall inspection be performed less
				frequently than once every three months for any system serving a facility with
				a design flow of 2,000 gallons per day or greater, and annually for any system
				serving a facility with a design flow of less than 2,000 gallons per day. The
				system owner shall submit the results of such inspections to the Approving
				Authority annually by January 31st of each year for
				the previous calendar year.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.353 - Emergency Repair

Current through Register 1525, July 5, 2024
(1) Emergency
				repair or replacement of system components shall be completed within 30 days
				and shall be limited to the following:
(a)
				pumping of a septic tank, tight tank, or cesspool as frequently as necessary to
				prevent backup or breakout; or
(b)
				repair or replacement of one or more structural components of a system
				otherwise in compliance with
				310 CMR 15.000, excluding
				the soil absorption system, such as a clogged building sewer or distribution
				line, damaged building sewer, septic tank or distribution box, or broken tee,
				which is determined to be the probable cause of the system failure and for
				which no modification or alteration of the system design is required.
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 D - INSPECTION AND MAINTENANCE OF SYSTEMS › Section 15.354 - Abandonment of Systems

Current through Register 1525, July 5, 2024
(1) Whenever the
				use of a system is discontinued following connection to a municipal or private
				sanitary sewer or shared on-site system or following condemnation or demolition
				of a building served by the system, the system shall be considered abandoned
				and any further use of the system for any purpose shall be prohibited unless,
				after inspection, the Approving Authority determines the system is in
				compliance or can be brought into compliance with
				310 CMR 15.000.
(2) Continued use of a septic tank where the
				tank is to become an integral part of a sanitary sewer system requires the
				prior written approval from the local municipal authority responsible for the
				operation of the sanitary sewer system.
(3) The following procedure shall be used to
				abandon a system:
(a) Within 14 days prior to
				discontinuance of use of a system, the facility owner shall apply to the
				Approving Authority to abandon the existing system citing the reason(s)
				abandonment is necessary, and where connection to municipal or private sanitary
				sewer has been made, a copy of the sewer connection permit shall be submitted
				with the application;
(b) Upon
				receipt of the Approving Authority's written approval to abandon the system,
				the septic tank shall be pumped of its entire contents by a licensed septage
				hauler; and
(c) The tank shall be
				excavated and removed from the site, or the bottom of the tank shall be opened
				or ruptured after being pumped of its content so as to prevent retainage of
				water and the tank shall be completely filled with clean sand or other suitable
				material approved in writing by the Approving Authority.
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 15.401 - General Provisions

Current through Register 1525, July 5, 2024
(1) Except as set
				forth in
				310
				CMR 15.401 through
				15.422, every application to
				construct, upgrade or expand a system shall be prepared, and the work therefore
				authorized pursuant to a Disposal System Construction Permit shall be
				conducted, in full compliance with the procedural and technical requirements of
				310
				CMR 15.100 through
				15.293.
(2) In general, full compliance with the
				provisions of
				310 CMR
				15.000 is presumed to be necessary for the protection
				of public health, safety, welfare and the environment. Any requests to vary
				from the standards of
				310 CMR
				15.000 by means of a local upgrade approval or a
				variance shall be carefully reviewed by the Approving Authority and, where
				required, by the Department.
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 15.402 - Use of Local Upgrade Approvals or Variances

Current through Register 1525, July 5, 2024
(1) Local Upgrade Approvals may be granted by
				Local Approving Authorities without review by the Department for a required or
				voluntary upgrade of existing systems, including failed or nonconforming
				systems with design flows below 10,000 gpd and for existing systems required to
				be upgraded to Best Available Nitrogen Reducing Technology pursuant to
				310
				CMR 15.215(2)(a), in
				accordance with the terms and provisions of
				310
				CMR 15.402 through
				15.405. Upgrade Approvals for
				required or voluntary upgrade of systems with design flows of 10,000 gpd or
				greater but less than 15,000 gpd which are failing to protect or are a
				significant threat to public health, and safety, welfare and the environment as
				set forth in
				310
				CMR 15.304 shall be approved by the
				Department.
(2) Proposals for new
				construction or for increase in flow to an existing system other than in full
				compliance with
				310
				CMR 15.100 through
				15.293 must seek and obtain a
				variance from the Approving Authority in accordance with the terms and
				conditions of
				310
				CMR 15.410 through
				15.417.
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 15.403 - Local Upgrade Approvals

Current through Register 1525, July 5, 2024
(1) The owner or
				operator may upgrade an existing system, including: a failed or nonconforming
				system with design flows below 10,000 gpd (systems which trigger failure
				criteria set forth at
				310
				CMR 15.303); systems with design flows of
				10,000 gpd or greater but less than 15,000 gpd which fail to protect public
				health, safety, welfare and the environment (large systems set forth at
				310
				CMR 15.304(1)); and existing
				systems required to be upgraded to Best Available Nitrogen Reducing Technology
				pursuant to
				310
				CMR 15.215(2)(a); all
				pursuant to a local upgrade approval in accordance with the standards and
				requirements of
				310
				CMR 15.404 and
				15.405 without obtaining
				variances. Local upgrade approvals for any system serving a facility owned by
				an agency of the Commonwealth or the federal government or systems with design
				flows of 10,000 gpd or greater but less than 15,000 shall be granted by the
				Department applying the same standards. The application for a local upgrade
				approval shall be made using a form approved by the Department. Notification to
				abutters shall be provided pursuant to the process in
				310
				CMR 15.411(1)(b), as
				required by
				310
				CMR 15.405(2), where the
				application is for reduction in the setback from a property line or from a
				private water supply well.
(2)
				Local Upgrade approvals shall not be granted for upgrade proposals which
				include the addition of new design flows to a cesspool or privy or for the
				addition of new design flows above the existing approved capacity of a system
				constructed in accordance with the provisions of
				310 CMR
				15.000 or the 1978 Code.
(3) System upgrades which cannot be performed
				in accordance with
				310
				CMR 15.404 and
				15.405 require a variance
				from the provisions of
				310 CMR
				15.000, which shall be processed in accordance with
				310
				CMR 15.410 through
				15.417.
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 15.404 - Maximum Feasible Compliance - Approvals for Upgrades

Current through Register 1525, July 5, 2024
(1)
Goal of Full
				Compliance
. Wherever feasible, existing systems, including failed
				or nonconforming systems (other than systems threatening public health, safety,
				welfare or the environment as described in
				310
				CMR 15.304(2)) and existing
				systems required to be upgraded to Best Available Nitrogen Reducing Technology
				pursuant to
				310
				CMR 15.215(2)(a), shall be
				brought into full compliance through installation of one or more of the
				following:
(a) an upgraded system which is in
				full compliance with
				310
				CMR 15.100 through
				15.293;
(b) an alternative system which has been
				approved for such use pursuant to
				310
				CMR 15.284 (remedial use), 15.285 (piloting),
				15.286 (provisional approval), or 15.288 (certification for general
				use);
(c) an RSF or equivalent
				alternative technology where the system is located in a Nitrogen Sensitive Area
				and has a design flow of 2000 gpd or greater in accordance with
				310
				CMR 15.202(1);
(d) where proposed by the owner or operator,
				a shared system which has been approved for such use pursuant to
				310
				CMR 15.290 and
				15.291; or
(e) connection to a sewer system.
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 15.410 - Variances - Standard of Review

Current through Register 1525, July 5, 2024
(1) Local
				Approving Authorities and the Department may vary the application of any
				provisions of
				310 CMR
				15.000 with respect to any particular case except
				those listed in
				310
				CMR 15.415. Variances for increased flow to
				existing systems shall be governed by the provisions of
				310
				CMR 15.414. Variances for schools shall be
				governed by the provisions of
				310
				CMR 15.416. Variances shall be granted only
				when, in the opinion of the Approving Authority:
(a) The person requesting a variance has
				established that enforcement of the provision of
				310 CMR
				15.000 from which a variance is sought would be
				manifestly unjust, considering all the relevant facts and circumstances of the
				individual case; and
(b) The person
				requesting a variance has established that a level of environmental protection
				that is at least equivalent to that provided under
				310 CMR
				15.000 can be achieved without strict application of
				the provision of
				310 CMR
				15.000 from which a variance is sought.
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 15.411 - Process for Seeking a Variance from Local Approving Authorities

Current through Register 1525, July 5, 2024
(1) The Local Approving Authority shall
				review requests for variances as follows.
(a)
				Every request for a variance shall be in writing, shall make reference to the
				specific provision of
				310 CMR
				15.000 for which a variance is sought, and shall
				include a statement demonstrating compliance with
				310
				CMR 15.410.
(b) No application for a variance shall be
				complete until the applicant has notified all abutters by certified mail at his
				or her own expense at least ten days before the Board of Health meeting at
				which the variance request will be on the agenda. The notification shall
				reference the specific provisions of
				310 CMR
				15.000 from which a variance is sought, a statement
				demonstrating compliance with
				310
				CMR 15.410, and the date, time and place
				where the application will be discussed.
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 15.413 - Conditioning of Variances

Current through Register 1525, July 5, 2024
(1) The Local
				Approving Authority or the Department may issue variances subject to such
				conditions, including, but not limited to, monitoring and reporting
				requirements, deed recordation requirements, financial assurances or other
				qualifications on the use of the system, as it deems necessary to protect
				public health, safety, welfare and the environment. Any conditions shall be
				expressed in writing in allowing the variance.
(2) Any denial of a variance by the Local
				Approving Authority or the Department may direct the applicant to upgrade an
				existing system consistent with the requirements and standards of
				310 CMR
				15.404 and
				15.405.
				Failure to do so may be the subject of enforcement action by the Local
				Approving Authority or the Department.
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 15.414 - Variances for Increased Flow to Existing System

Current through Register 1525, July 5, 2024
(1) Local Approving Authorities or the
				Department may vary the application of any provisions of
				310 CMR 15.000 with respect
				to any particular case involving increased flow to an existing system only when
				in the opinion of the Department or the Local Approving Authority all of the
				conditions in 310 CMR 15.414(2) through (4) are met. A showing by the person
				requesting a variance that the proposed variance would satisfy the maximum
				feasible compliance provisions as set forth in
				310 CMR
				15.404 and
				15.405
				shall not presumptively entitle such person to a variance.
(2) The person requesting a variance has
				established that strict enforcement of the provision of
				310 CMR 15.000 from which a
				variance is sought would be manifestly unjust, considering all the relevant
				facts and circumstances of the individual case including, at a minimum, the
				following:
(a) the owners of any such system
				for which permit applications were filed after March 31, 1995 shall be deemed
				to have had knowledge that full compliance with the requirements applicable to
				new construction is preferred;
(b)
				the costs of full compliance with the requirements applicable to new
				construction shall be compared to the costs of compliance with a variance;
				and
(c) whether an upgrade in full
				compliance with
				310 CMR 15.000 is feasible
				without increased flow.
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 15.415 - Provisions from Which No Variance May be Granted

Current through Register 1525, July 5, 2024
(1) No variance from the minimum requirement
				of four feet of naturally occurring pervious material set forth in
				310 CMR 15.240(1)
				 shall be granted for new
				construction.
(2) For upgrade of
				systems, or increase of flow to existing systems, no variance from the minimum
				requirement of four feet of naturally occurring pervious material set forth in
				310 CMR 15.240(1)
				 shall be granted unless the applicant
				demonstrates that alternatives for siting an on-site system with four feet of
				naturally occurring pervious material or connection to a sanitary sewer or
				connection to a shared system are not feasible. Where no such alternatives are
				feasible, a variance to allow the repair or replacement in the disposal area
				with no less than two feet of naturally occurring pervious material may be
				considered upon the applicant's demonstration of the following:
(a) evidence, the result of deep observation
				hole testing, that the four feet requirement cannot be met anywhere on the
				site;
(b) evidence that easements
				to adjacent property on which a system in compliance with the four feet
				requirement could be installed have been requested and can not be obtained;
				and
(c) evidence that site testing
				to establish high ground-water elevation conducted in accordance with the
				procedures set forth in
				310 CMR 15.103 has
				been conducted in conjunction with preparation of design plans and
				specifications for the repair or replacement of the system.
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 15.416 - Variances for Schools

Current through Register 1525, July 5, 2024
(1) For purposes of
				310 CMR 15.416, a school means any public or privately-owned elementary,
				middle, or secondary school. University, college or other adult educational
				facilities, regardless of ownership, are not considered schools for these
				purposes. The provisions of
				310 CMR
				15.413 shall apply to such
				variances.
(2) The Department may
				vary the application of provisions of
				310 CMR 15.000 as specified
				in 310 CMR 15.416 where a school demonstrates to the satisfaction of the
				Department that:
(a) the variance is
				necessary to accommodate an overriding community, regional, state or national
				public interest; and
(b) a level of
				environmental protection that is at least equivalent to that provided under
				310 CMR 15.000 can be
				achieved without strict application of the provision of
				310 CMR 15.000 from which a
				variance is sought.
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 15.421 - Appeals From Determinations by Local Approving Authority

Current through Register 1525, July 5, 2024
Any person aggrieved by any order, variance, issuance or
				  denial of a Disposal System Construction Permit, Local Upgrade Approval or
				  Certificate of Compliance issued by a Local Approving Authority may appeal to
				  any court of competent jurisdiction as provided for by the laws of the
				  Commonwealth.
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 15.422 - Appeals of Departmental Determinations

Current through Register 1525, July 5, 2024
(1)
				An applicant who is aggrieved by a shared system, recirculating sand filter or
				equivalent alternative technology, a remedial use, a certification for general
				use, or variance determination by the Department may request an adjudicatory
				hearing on that determination in accordance with
				310 CMR
				1.00 and M.G.L. c. 30A.
(2) Any person subject to an order, or any
				person aggrieved by a commonality determination pursuant to
				310
				CMR 15.011, issued by the Department, may
				request an adjudicatory hearing in accordance with the provisions of
				310 CMR
				1.00 and M.G.L. c. 30A.
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 F - TRANSPORTATION AND DISPOSAL OF SEPTAGE › Section 15.500 - Purpose

Current through Register 1525, July 5, 2024
The provisions of 310 CMR 15.500 through
				  15.505 are intended to
				  provide for safe, efficient and economical means of collecting, transporting
				  and disposing of septage.
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 F - TRANSPORTATION AND DISPOSAL OF SEPTAGE › Section 15.501 - Regional Abatement Districts

Current through Register 1525, July 5, 2024
(1) Handling of
				septage through regionalized authorities or districts can promote public
				safety, efficient regional planning, sufficient capacity and cost-savings for
				individuals, the Commonwealth and its political subdivisions.
(2) One or more cities and towns, pursuant to
				the provisions of M.G.L. c. 21, §§ 29 and 30, and M.G.L. c. 111,
				§§ 31 and 31D may enter into an abatement district for the purpose of
				arranging for the transport and disposal of septage generated within their
				boundaries. A model regulation for the purposes of forming a district may be
				obtained from the Department.
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 F - TRANSPORTATION AND DISPOSAL OF SEPTAGE › Section 15.502 - Transportation

Current through Register 1525, July 5, 2024
(1) No person shall remove and/or transport
				septage through the streets of any city or town or via any state or federal
				highway located within any city or town in which the septage was first
				collected without first obtaining a permit from the board of health of such
				city or town in accordance with
				310 CMR 15.000 and M.G.L. c.
				111, § 31A. An application for such permit shall be in such form and
				contain such information, on oath, as such board shall require.
(2) All such permits shall expire at the end
				of the calendar year in which they are issued, but may be renewed annually on
				application as herein provided. No permit shall be transferred except with the
				written approval of the said board.
(3) All permits shall designate the treatment
				works, approved by the Department, where the hauler is authorized to dispose of
				septage and a copy of all contracts or other agreements between the hauler and
				the receiving facility shall be submitted to, and retained by, the Approving
				Authority.
(4) A duly registered
				septage hauler may transport septage through the streets of a city or town in
				which said substances were not collected provided the hauler registers with the
				board of health of such city or town; and, provided further, that he or she
				transports said substances in accordance with such reasonable rules and
				regulations as may be established by such board of health.
(5) Motor vehicles owned by the Commonwealth
				or any of its political subdivisions and motor vehicles engaged under contract
				with the Commonwealth in the transportation of septage shall be exempt from the
				provisions of 310 CMR 15.502. A city or town may recommend to the department of
				highways, in writing, an alternative route of travel for such motor vehicles
				whereby the noise or nuisance incident to such travel shall be minimized or
				abated and said department shall consider such alterations or changes in the
				travel routes of such motor vehicles as will result in the minimization of such
				noise or nuisance.
(6) The contents
				of privies, cesspools, septic tanks and tight tanks shall be transported in a
				manner that will not create a nuisance or a health hazard.
(7) Pumping records shall be submitted to the
				Approving Authority within 14 days from the pumping date in accordance with
				310 CMR
				15.351(1), unless the
				Approving Authority requires more frequent submittals.
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 F - TRANSPORTATION AND DISPOSAL OF SEPTAGE › Section 15.503 - Transfer Locations

Current through Register 1525, July 5, 2024
Local Boards of Health may regulate locations for the
				  transfer of septage from one truck, tanker or other storage container equipped
				  with wheels sufficient for over-the-road or rail travel to another pursuant to
				  M.G.L. c. 111, §§ 31D and 143, provided that no permanent structures
				  for holding or storage are constructed. The Department may impose additional
				  requirements on transfer locations pursuant to the authority of
				  310 CMR 15.000 and M.G.L. c.
				  21 §§ 26 through 53 and M.G.L. c. 83, § 6.
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 F - TRANSPORTATION AND DISPOSAL OF SEPTAGE › Section 15.504 - Disposal

Current through Register 1525, July 5, 2024
(1) Cities, towns and sewerage districts may,
				subject to the approval of the Department, provide treatment works for the
				receipt and disposal of septage and may establish such charges for the use of
				such facilities as may be necessary for defraying the cost of construction,
				operating and maintaining the same.
(2) Disposal of septage shall be by discharge
				to a sanitary sewer or to a treatment works. All such treatment works shall be
				approved by the Department in accordance with M.G.L. c. 21, §§ 26
				through 53, and applicable provisions of
				314 CMR 3.00:
Surface
				Water Discharge Permit Program
, 4.00:
Massachusetts Surface
				Water Quality Standards
, 5.00:
Ground Water Di sch a r ge P er
				mit Program
, 7.00:
Sewer System Extension and Connection
				Permit Program
and 12.00:
Operation and Maintenance and
				Pretreatment Standards for Wastewater Treatment Works and Indirect
				Dischargers
. If disposal is by discharge to a sanitary sewer, it shall
				be in a manner and at such times as may be acceptable to the authority having
				jurisdiction over the sewer and in accordance with any applicable regulations
				or permit conditions. Any other disposal is a violation of
				310 CMR 15.000.
(3) The Department may investigate treatment
				works for the receipt of septage in cities, towns and sewerage and septage
				districts. If the Department determines such works are inadequate for proper
				disposal of septage, it may recommend necessary action for the protection of
				the public health, safety and welfare. If after a reasonable time, the city,
				town or sewerage or septage district fails to act upon the Department's
				recommendation, the Department may issue an order requiring the provision of
				adequate septage receiving facilities. Nothing in 310 CMR 15.504 shall be
				construed to limit the authority of the Department to take any action pursuant
				to M.G.L. c. 21, §§ 26 through 53.
(4) Pursuant to M.G.L. c. 40, § 22F, a
				city, town or sewerage or septage district may establish such charges for the
				use of septage receiving facilities as may be necessary for defraying the cost
				of constructing, operating and maintaining the works.
(5) Disposal of septage at treatment works
				where it is dewatered and beneficially reused shall be encouraged and practiced
				wherever feasible.