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 C - DESIGN, CONSTRUCTION, REPAIR, AND REPLACEMENT OF ON-SITE SEWAGE DISPOSAL SYSTEMS › Section 15.288 - Certification of Alternative Systems for General Use

Current through Register 1525, July 5, 2024
(1) Certification for general use is intended
				to facilitate the use, under appropriate conditions, of alternative systems
				that have been demonstrated to provide levels of environmental protection at
				least equivalent to those of conventional on-site systems.
(2) The Department shall certify an
				alternative system for general use when the Department determines that the
				applicant has demonstrated that the alternative system in general usage will
				provide a level of environmental protection at least equivalent to that of a
				conventional on site system designed and constructed in accordance with
				310 CMR 15.100
				through
				15.255. Such
				demonstrations shall include the evaluation of broad scale field use in
				Massachusetts pursuant to
				310 CMR
				15.286, or comparable use in one or more
				states where relevant physical and climatological conditions are similar to
				those in Massachusetts. The required demonstration of comparable use in one or
				more states shall include, at a minimum, system use and system monitoring, and
				operation and maintenance information at least as comprehensive as the in-state
				protocols outlined in 310 CMR 15.280 through 310 CMR 15.288. When relying on
				system performance in other states, all available information including but not
				limited to a copy of the other state's written approval, testing and
				performance data shall be provided. The applicant shall be considered to have
				demonstrated effective performance of the out of state systems when the
				applicant has demonstrated to the Department's satisfaction that at least 90%
				of the systems have performed at a level at least equivalent to that of a
				conventional on-site system.
(3)
				The Department may establish any special conditions necessary, to ensure
				adequate protection of public health, safety, welfare and the environment in
				its certification of an alternative system for general use. Such conditions may
				include without limitation: specification of site or effluent characteristics;
				flow limitations; monitoring, testing, and reporting requirements; operation
				and maintenance contracting requirements; a requirement that a certified
				operator shall operate the system; or financial assurance mechanisms. The
				Department may also specify changes or modifications of requirements otherwise
				applicable to conventional systems that are appropriate for use of the
				alternative system.
(4) A Local
				Approving Authority may impose additional conditions on the use of alternative
				systems certified for general use under
				310 CMR 15.000 only in
				accordance with regulations adopted pursuant to
				310 CMR
				15.003(3).
(5) Systems with performance superior to
				conventional systems:
(a) If the Department
				determines that an alternative system is more effective than conventional
				systems in removing nitrates, the Department shall establish the nutrient
				removal credit which will be allowed for use of such system pursuant to
				310 CMR
				15.217, based on the nutrient removal
				performance of the approved technology.
(b) In certifying an alternative system for
				general use, the Department may determine that any person wishing to use such
				system need not connect the facility to a sanitary sewer if such connection is
				or becomes feasible, if the performance of the alternative system will provide
				a level of protection to public health and safety and the environment that is
				at least equivalent to that of a sewer system.