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 15.287 - General Conditions for Use of Alternative Systems Pursuant to 310 CMR 15.284 through 15.286

Current through Register 1525, July 5, 2024
The following conditions shall apply to all uses of
				  alternative systems pursuant to
				  310 CMR
				  15.284 through
				  15.286:
(1) All plans and specifications shall be
				designed in accordance with
				310 CMR
				15.220.
(2) Any required operation and maintenance,
				monitoring and testing plans shall be submitted to the Department or an agent
				authorized by the Department and approved by the Department prior to initiation
				of the use. Monitoring and sampling shall be performed in accordance with a
				plan approved by the Department. Sample analysis shall be conducted by an
				independent U.S. EPA or Commonwealth of Massachusetts approved testing
				laboratory, or an approved independent university laboratory, unless otherwise
				provided in the written approval of the Department. It shall be a violation of
				310 CMR 15.000 to omit from
				a report or falsify any data collected pursuant to an approved testing
				plan.
(3) The facility served by
				the alternative system and the system itself shall be open to inspection and
				sampling by the Department, any agent authorized by the Department, and the
				Local Approving Authority at all reasonable times.
(4) The Department and/or the Local Approving
				Authority may require the owner or operator of the system to cease operation of
				the system and/or to take any other action necessary to protect public health,
				safety, welfare and the environment.
(5) Prior to the transfer of any ownership
				interest in an alternative system, or of any right or responsibility to operate
				an alternative system, the owner or operator shall provide written notice to
				the proposed new owner or operator that the system is an alternative system.
				Such notice shall include notice of the general conditions and any special
				conditions applicable to the system and its owner. In addition, the owner shall
				include either a copy in full or a reference to the notice of the alternative
				system described in 310 CMR 15.287(10), and the recording information for that
				notice, in the instrument of transfer of any such ownership interest. In the
				event of the transfer of any such right or responsibility without a transfer of
				ownership interest, the owner or operator shall include a copy in full or a
				reference to the notice of the alternative system described in 310 CMR
				15.287(10), and the recording information for that notice, in the agreement
				transferring such right or responsibility.
(6) The owner or operator, or the proponent
				of the alternative system, shall obtain and provide the Department or an agent
				authorized by the Department with a determination from the board of
				certification of operators of wastewater treatment facilities established
				pursuant to M.G.L. c. 21, § 34A, as to whether a certified operator is
				required for operation of the alternative system. The Department shall waive
				this requirement if it has on file a determination for the alternative system,
				and shall notify the owner, operator, or proponent of the
				determination.
(7) It is a
				violation of
				310 CMR 15.000 to install,
				construct, or operate an alternative system except in full compliance with the
				written approval and 310 CMR 15.287.
(8) The Department may require the issuance
				of a groundwater discharge permit pursuant to
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
for any alternative system.
(9) The system owner shall maintain an
				operation and maintenance contract with a Massachusetts certified operator
				where one is required by
				257 CMR 2.00:
Certification of Operators of Wastewater Treatment Facilities
,
				or otherwise with a person qualified to operate and maintain the system in
				accordance with the Department's written approval.
(10) Prior to obtaining a Certificate of
				Compliance for installation of a new or upgraded system, the system owner shall
				record in the chain of title for the property served by the alternative system
				in the Registry of Deeds or Land Registration Office, as applicable, a form of
				Notice approved by the Department disclosing the existence of the alternative
				on-site system and its approval. The system owner shall provide evidence of
				such recording to the Approving Authority.